Daily legal News for 31.07.2008

US House passes first bill to regulate tobacco

http://timesofindia.indiatimes.com/World/USA/US_House_passes_first_bill_to_regulate_tobacco/articleshow/3309099.cms

 

WASHINGTON: The House of Representatives overwhelmingly passed legislation that for the first time would subject the tobacco industry to regulation by federal health authorities whose job is to promote public well-being.

Its backers call the Family Smoking Prevention and Tobacco Control Act landmark legislation. While the bill appears to have enough support to pass this year, it is unclear whether the Senate will have time to act, and the Bush administration said yesterday that President George W Bush would veto the bill.

The 326-102 House vote signalled solid bipartisan support for the measure, with 96 Republicans breaking with Bush’s position to vote in favour of the bill. Both presidential candidates, Sens John McCain, a Republican, and Democrat Barack Obama support the legislation.

Democratic Rep Henry Waxman worked for more than a decade to get the House to pass tobacco regulation.

“This is truly a historic day in the fight against tobacco,” Waxman said. “But it took us far too long to get here.”

The bill would tighten restrictions further on tobacco advertising and impose new federal penalties for selling to minors. Its most far-reaching provisions would give the Food and Drug Administration power to regulate tobacco, from cigarettes to new kinds of smokeless products.

While the agency could not outlaw tobacco or nicotine, it could demand the reduction or elimination of cancer-causing chemicals in cigarette smoke. The bill would prohibit candy flavoured cigars and cigarettes, and would give the FDA authority to ban menthol by far the flavouring most commonly added to cigarettes.

31 Jul 2008, 1002 hrs IST,AP

http://timesofindia.indiatimes.com

 

Influx blamed for blasts

– AASU links violence with Assam’s migrant problem

http://www.telegraphindia.com/1080731/jsp/northeast/story_9624005.jsp

Guwahati, July 30: The AASU today warned both Delhi and Dispur that the serial blasts that rocked Bangalore and Ahmedabad could have its origins in Assam.

The students union, armed with two recent rulings of Gauhati High Court on identification and deportation of illegal Bangladeshis, said Assam has emerged as an important corridor for fundamentalist and extremist forces behind the serial blasts that shook Bangalore and Ahmedabad last week.

AASU top brass Shankar Prasad Ray and Tapan Gogoi, along with AASU adviser Samujjal Bhattacharyya, said the court rulings have only vindicated the student union’s oft-repeated stand that illegal Bangladeshis entering the state are a threat to the nation’s integrity and unity.

“The government, both at the Centre and the state, should be ashamed of the court’s observations. They have exposed the failings of the governments to rein in influx. Those detected simply vanish and they are all a threat to the nation.

“We have very strong reasons to believe that the blasts in Ahmedabad and Bangalore are the handiwork of those who entered the state through Bangladesh and disappeared into thin air. They are a threat not only to the state but also to the nation. If the governments do not act even now, we will not sit idle,” Bhattacharyya said, reiterating the AASU’s demand to set up detention camps to prevent migrants, both suspected and identified ones, from disappearing. .

Ray and Gogoi, asserting that they would continue to raise their voices against influx, said a meeting of the students’ union to be held sometime today would decide the future course of action.

“The observations of the court reflect the failure of the government to act against these Bangladeshis who are crucial to the vote bank politics of all political parties, whether it is the Congress or the BJP or AGP,” Bhattacharyya said.

The high court ruling came in two similar cases in which the petitioners, declared foreigners by tribunals, had moved court.

Justice B.K. Sharma, while disposing of the writ petition filed by Md Abdul Hasim, had observed, “This writ makes shocking revelations as to how a foreign national (Bangladeshi) taking recourse to falsity, forgery and manipulation has been living in Assam, India, for years together.”

 

Thursday , July 31 , 2008

A STAFF REPORTER

www.telegraphindia.com

 

HC judgement on migrants Wake up call for Govt: AASU
http://www.assamtribune.com/scripts/details.asp?id=jul3108/at01


 GUWAHATI, July 30 – The All Assam Students Union today, while appreciating the recent judgement of the Gauhati High Court on illegal Bangladeshi migrants, said that is a warning call for the State and Union Governments to take strong action against Bangladeshi nationals who have “illegally entered Assam, and have become kingmakers in their own right.”

Going for the jugular the AASU top brass at a press conference stated that neither the State Government nor the Union Government could shy away from their responsibility to protect Assam and the country from “the external aggression and internal disturbance brought about by influx from Bangladesh.”

The students’ body was of the belief that the recent judgement on illegal migrants and their nefarious activities revealed that the AASU was right in highlighting the presence of illegal Bangladeshi migrants and government inaction to identify and deport them.

Stating that the presence of Bangladeshi nationals and their continuing influx had threatened the indigenous population of Assam and her neighbouring regions, the AASU claimed that the State at present was devoid of any political leadership, otherwise things would not have come to such a pass.

The role of the Congress party, the Left parties and AGP also attracted the AASU’s wrath, because none of them was reported to have been keen on a process to identify and deport illegal migrants coming in from Bangladesh.

Their apathy towards the issue of illegal migrants, according to the AASU, was due to the fact that all of them perceived illegal migrants as vote banks, which they could not ignore.

Speaking on the occasion, AASU president Shankar Prasad Ray said that the way illegal migrants could operate in Assam showed “the hollow nature” of the Congress party and others who were in the reign of power for a long time. Despite efforts by AASU, the Union and State Governments have yet to act in a manner to stop infiltration from across the border. He urged both the governments to implement the Assam Accord in letter and spirit.

AASU general secretary, Tapan Kumar Gogoi, referring to the Gauhati High Court judgement said that it was tragic how Bangladeshi nationals could aspire for public office in Assam. It was only in a place like Assam that a foreign national could contest elections, all because of the failure of the government and the political parties, he added.

Samujjal Bhattacharya, AASU adviser, lambasted the State and Union Governments and said that the political leadership should be especially ashamed after the High Court came out with its judgement.

Asserting that the State Government and its various officials should now start identifying and arresting illegal migrants, he said that those arrested should be put in detention camps, before they were deported back.

Saying that after the Supreme Court order to repeal the IMDT Act, the onus was on suspected Bangladeshis to prove their citizenship, Bhattacharya pointed out that in the present scenario a large number of Bangladeshis have taken recourse to illegal and devious means to do just that.

The AASU adviser strongly criticised Chief Minister Tarun Gogoi and Prime Minister Manmohan Singh for their silence on an issue that was vital to the State as well as to the country. He and other AASU leaders warned that they would not rest till the Union and State Governments acted tough on Bangladeshi migrants, and would from now onwards keep a watch how the State Government acted on the directives issued by the Gauhati High Court.

By A Staff Reporter

www.assamtribune.com

 

Punjab and Haryana HC issues notice to Home Ministry to release Foreign prisoners
http://www.indlawnews.com/newsdisplay.aspx?ba59d809-f8dc-4c0a-bda4-8db88f36af9c

 


The Punjab and Haryana High Court issued notices to Union Home Ministry, the External Affairs Ministry, among others, for September 8 on a PIL seeking directions for immediate release and also repatriation of 51 prisoners of foreign origin lodged at the Amritsar Central Jail as they had all completed their sentences.

The notices were issued by a Division Bench of Chief Justice Vijender Jain and Justice Mahesh Grover while hearing the PIL filed by Amritsar based advocate Ajay Kumar Virmani.

Mr Virmani had secured this information from authorities concerned under the Right to Information Act. A majority of these prisoners were from Pakistan, Afghanistan and Bangladesh, who were apprehended mainly for offences under the Indian Passport Act.

UNI

7/30/2008

www.indlawnews.com

 

Flying squads to book erring auto driver, NCT tells HC

http://www.zeenews.com/articles.asp?aid=459079&sid=REG

 

New Delhi, July 30: Commuters who are often harassed by erring auto drivers in the Capital can look forward to instant help on road from flying squads when they are caught in an awkward situation in places like railway stations, Dilli Haat or AIIMS.

The NCT government today informed the Delhi High Court that flying squads of traffic police have been deployed at various places to monitor and book erring auto drivers.

Appearing for the Traffic police and State Transport Authority, counsel Jyoti Singh told the Bench headed by Chief Justice A P Shah that since July 17 the flying squads have been deployed in places like AIIMS, Dilli Haat, Bhikaji Kama Place and railway stations.

The bench was hearing a PIL filed by Harsh Agrawal seeking direction to the government to put in place proper mechanism to solve the problems allegedly arising due to monopoly of auto drivers in the city.

Submitting the suggestions of traffic police to the court, Singh stated that if the auto driver was found to be erratic and misbehave with the public, his auto could be impounded and a fine of Rs 5,00 could be imposed on him.

As per the existing law, the auto driver is to be challaned for Rs 100 only, she added.

Following the lawyer’s submission the court said it would go through all suggestions of the government and pass an appropriate order. In the PIL, petitioner contended that commuters had to face problems because auto-drivers demanded fares more than fixed by the government.

Earlier, the court had pulled up the government for not being able to bring to book the erring drivers and said “is there a total lawlessness in the city.”

The Transport department contended that they were not able to catch the erring drivers as the addressed given by them were normally fake.

Bureau Report

www.zeenews.com

 

Fleecing autos face Rs 5K fine

http://timesofindia.indiatimes.com/Delhi/Fleecing_autos_face_Rs_5K_fine/articleshow/3307948.cms

 

NEW DELHI: It seems that finally traffic cops are getting their act together to rein in rogue auto drivers. As most autorickshaw drivers in the city continue with their fleecing ways even after a hike in the tariffs, the traffic police is preparing a slew of punitive measures aimed at those who misbehave with commuters and refuse to ply by meter.

On Wednesday, the traffic police informed the Delhi High Court that a steep fine of Rs 5,000, flying squads for random checks, CCTV cameras at pre-paid booths and a traffic helpline are among the number of measures it is planning to make auto drivers fall in line.

Informing HC that some of these steps had already been implemented and some were awaiting clearance by the government, traffic police claimed situation would improve soon for commuters. A bench headed by chief justice A P Shah, after going through the status report and proposed plan of action by the traffic department, decided to dispose off a PIL pending before it. HC said it was satisfied with what the department had in mind and hoped citizens wouldn’t be overcharged now by auto drivers.

Appearing on behalf of the government, advocate Jyoti Singh said traffic cops are offering prepaid services at booths to aid commuters. ‘‘At present this service is being offered at 28 pre-paid booths at prominent places where personnel are present with complaint cards. If a commuter has a complaint with respect to refusal, overcharging or misbehaviour, he/she can lodge the same with the personnel present at the booth. There is also a proposal to install CCTV cameras at pre-paid booths,’’ the lawyer said.

Singh added the traffic police have started a helpline at 011-23010101. Commuters can also SMS at 56767 to lodge a complaint against errant auto drivers. On receiving complaints, the cops will issue a show cause notice to the permit holders asking why their permits shouldn’t be cancelled.

Auto drivers who misbehave or overcharge are likely to be asked to pay Rs 5,000 fine if traffic department’s proposal gets sanctioned and an amendment is made in the Motor Vehicle Act, revealed an affidavit submitted by the traffic department in the HC. But the HC has recommended a “rational” fine of Rs 500.

abhinav.garg@timesgroup.com 31 Jul 2008, 0114 hrs IST, Abhinav Garg ,TNN

http://timesofindia.indiatimes.com

 

Spirited PIL seeking more booze vends gets HC rebuff

http://timesofindia.indiatimes.com/Delhi/Spirited_PIL_seeking_more_booze_vends_gets_HC_rebuff/articleshow/3307945.cms

 

NEW DELHI: A PIL demanding opening of more liquor vends in the Capital stumped the Delhi High Court on Wednesday. ‘‘A welfare state is duty-bound to provide authorized liquor to its citizens,’’ said the PIL which left chief justice A P Shah and justice S Muralidhar fuming.

‘‘What kind of a petition is this? Give more and more liquor to citizens? This is a sponsored PIL from the liquor mafia,’’ thundered the bench.

Even as the lawyer, who appeared to argue the PIL, struggled to defend the demands — claiming the PIL actually sought closure of unauthorized liquor shops and opening of more authorized ones — lawyers and litigants who were awaiting their turn inside the courtroom had a hard time supressing their laughter.

‘‘How can you say a welfare state is duty-bound to provide more liquor to its citizens? Just read what prayers are made in your PIL,’’ chief justice Shah observed, rebuking the lawyer for daring to come to court with such a petition. ‘‘We know who is behind this PIL,’’ he remarked.

The PIL drew the bench’s ire because it draped its demands as a constitutional right, arguing that politicians were forcibly closing down liquor shops, jeopardising the livelihoods of many. It said, therefore, it was important the state should ‘‘give more and more liquor’’ to its citizens by opening authorized liquor vends.

Arguing the State must open more shops, the lawyer — under fire from the bench — tried to put up a brave face and claimed his PIL, in fact, was of public interest because it sought illicit liquor trade and illegal sale to be banned. Sale of liquor from vends authorized by the government will reduce illegalities associated with this trade, the advocate argued, only to see his contention trashed by the two judges.

abhinav.garg@timesgroup.com

31 Jul 2008, 0112 hrs IST, Abhinav Garg,TNN

http://timesofindia.indiatimes.com

 

AIIMS-Patna blueprint inspected by experts

http://timesofindia.indiatimes.com/Cities/Patna/AIIMS-Patna_blueprint_inspected_by_experts/articleshow/3308193.cms

 

PATNA: The Post Graduate Institute of Medical Education and Research, Chandigarh has evaluated the architectural design of the proposed Jaya Prakash Narayan All India Institute of Medical Sciences, Patna, to ensure its functional efficiency.

The Patna High Court was apprised of this through a counter affidavit of the Central government to a PIL filed by Council for Protection of Public Rights and Welfare.

There is a “Green Building Concept” for the hospital building which is to be constructed on the land provided to the Central government at Phulwarisharif. The Bureau of Energy Efficiency is providing the expertise in Energy Conservation and Building Codes compliance.

The detailed project report (DPR) would be ready by August, 2008. The Hospitech Management consultant has been consulted to design the DPR for the medical college and hospital, the counter affidavit said.

31 Jul 2008, 0330 hrs IST

http://timesofindia.indiatimes.com

 

APPSC moves SC against quota in Group-I Mains

http://timesofindia.indiatimes.com/Hyderabad/APPSC_moves_SC_against_quota_in_Group-I_Mains_/articleshow/3304703.cms

 

HYDERABAD: The Andhra Pradesh Public Service Commission (APPSC) on Tuesday moved the Supreme Court seeking stay on the recent High Court judgment favouring implementation of reservations while selecting candidates for Mains in the Group-I examination.

Addressing a press meet, APPSC chairman Dr Y Venkatarami Reddy said, “We are going to place all the three judgments before the Supreme Court along with practices followed by other states. We are working to find a solution to a problem which has been persisting for the last 24 years.”

While the earlier two judgments did not favour reservations at the preliminary stage, the High Court on July 23 supported the quota. He said that the judgments given by the court in 1984, 2004 and 2007 were contradictory to the latest order.

The petition was filed based on the advice of advocate-general C V Mohan Reddy. On the issue of cancellation of Group-I Mains exam to be held on August 7, the APPSC chairman said that it would be known only by Friday or Monday . “As per GO 570, there is no reservations for Prelims to Mains. A ratio of 1:50 was being followed based on which recruitments were done thrice in 1984, 1995 and 2004. It is a legal problem, but people are politicising the issue,” he added.

On Tuesday, nearly 50 activists of the Democratic Youth Federation of India (DYFI) staged a dharna in front of the APPSC office demanding implementation of reservations. As of now, there are 196 Group-I vacancies, including 86 reserved posts, but the APPSC had short-listed 9,800 aspirants in the order of merit.

30 Jul 2008, 0952 hrs IST,TNN

http://timesofindia.indiatimes.com

 

HDFC Bank moves SC over crucial insolvency laws

http://economictimes.indiatimes.com/News_by_Industry/HDFC_moves_SC_over_insolvency_laws/articleshow/3307200.cms

 

NEW DELHI: The Supreme Court will decide whether banks can initiate insolvency proceedings while recovering dues from individual defaulters as private sector lender HDFC Bank has sought the apex court’s intervention in this regard.


The decision will have far reaching ramifications as it would expedite the loan recovery process. HDFC Bank has challenged the Bombay High Court judgement in a debt recovery case in which it was held that an insolvency notice cannot be issued on the basis of a recovery certificate issued by a Debt Recovery Tribunal.

The case relates to recovery of Rs 29 crore from Kishore K Mehta of Lilavati Hospital in Mumbai. The insolvency proceedings against individual defaulters are similar to winding up procedures against companies. In both the cases, the court-appointed receivers take charge of the assets and auction the same to recover dues.

The apex court bench headed by Justice S H Kapadia has issued notice to Mehta and had earlier stayed the High Court ruling which dismissed the HDFC Bank’s appeal.

 

30 Jul, 2008, 1907 hrs IST, PTI

http://economictimes.indiatimes.com

 

Freedom-fighter takes pension battle to SC

http://timesofindia.indiatimes.com/Delhi/Freedom-fighter_takes_pension_battle_to_SC/articleshow/3154940.cms

 

NEW DELHI: At 13 he waged a war against the British and now septuagenarian freedom fighter Suresh Prakash Agarwal is fighting a long battle for the release of his pension.

After failing to get relief from the Central and UP government, the 75-year-old man living in an old age home has finally knocked the doors of the SC which had recently sent notices to the Centre and the UP government asking them for an explanation.

He was awarded a year-long rigorous imprisonment for bomb ing at the office of District Collector, Pilibhit in Uttar Pradesh in 1946. He served in Central jail, Bareilly till June 1947. like Satish Chandra who was a Union Deputy Minister in the Nehru government. Freedom fighters are entitled to two pensions — one from the Centre and the other from the state government.

“I was issued a freedom fighter’s certificate by the Pilibhit District Magistrate in 1956 after which I applied for freedom fighter pension,” says Agarwal.

Decades later, Agarwal, an MSc in Physics, went to the Supreme Court and filed a writ petition for the speedy grant of his pension.

23 Jun 2008, 0435 hrs IST,PTI

http://timesofindia.indiatimes.com

 

HC slams relief for firm accused of fraud

http://timesofindia.indiatimes.com/Delhi/HC_slams_relief_for_firm_accused_of_fraud/articleshow/3154890. cms

 

NEW DELHI: Delhi High Court has severely criticised the Debt Recovery Appellate Tribunal for granting a stay against debt recovery to a business firm accused of defrauding a public sector bank of nearly Rs 40 crores.

Setting aside the stay order recently, a division bench of justice Mukul Mudgal and justice V K Shali wondered how the DRAT could restrain the bank from seeking recovery of dues from a man who allegedly took credit from the bank and then defaulted, forcing the bank to also lodge an FIR with the Economic Offences Wing of Delhi Police. Interestingly, DRAT is also presided over by a high court judge as it sits in appeal on debt recovery cases.

“The finding arrived at by the tribunal is totally arbitrary and unreasonable which no reasonable person would arrive at,” HC observed in a strongly worded judgement, even as it asked the defaulter firm to cough up Rs 30,000 immediately to Jammu & Kashmir Bank which calculated a total liability of Rs 52 crore against the firm, including interest.

The bank, through its lawyer Tanveer Ahmed Mir, had moved HC after DRAT barred it from taking possession of a Safdarjung Enclave property belonging to the firm. This firm, in the meanwhile, leased out this property to another firm which, as HC found out, was actually owned by the same person.

Placing documents before the bench, Tanveer argued that the tenancy was a sham transaction to obstruct recovery of the loan amount by the bank. HC saw through the sham and lashed out at DRAT for “perpetrating the gross illegality in favour of the borrower firm.”

HC also took umbrage at the fact that DRAT “instead of arriving at a just and fair conclusion” posed irrelevant questions related to total area of the Safdarjung property, carpet area, rent etc in order to justify granting of stay to the firm.

“In our view these questions have absolutely no relevance to the transaction and defeat the ends of justice… this will lay a ground for borrower as well as tenant to ensure property possession is not recovered from them,” the two HC judges noted while trashing the DRAT order.

abhinav.garg@timesgroup.com

23 Jun 2008, 0353 hrs IST, Abhinav Garg,TNN

http://timesofindia.indiatimes.com

 

Embarrassed Assam Police move HC to keep prized prisoners
http://www.indlawnews.com/Newsdisplay.aspx?a4bc00ea-3c59-4d14-b4ae-114ca1c36f82


The Assam Police are moving the High Court to keep its most prized catch till date in judicial custody after a lower court released four top ISI operatives, citing of lack of evidence.

“I am hundred per cent sure that they are senior ISI operatives.

We had some laxity in investigation. But they were prized catch, ” said Assam Additional Director General Police (ADGP) G M Srivasatava.

The Assam Police has completed the legal framework to approach the Guwahati High Court to keep the four ISI operatives in custody.

Assam Police had, in August 1999, arrested four persons namely Quari Salim Ahmed alias Abdul Aziz, Md Javed Waqqar alias Mustaffa alias Md Mahraj of Muzaffarnagar (UP), Md Akram Malik of J&K and Hamid Mohammad of Pakistan Guwahati and as many as three cases were registered in this connection.

For years, the Assam Police took pride in the achievement and was it billed as the biggest success in the counter insurgency operations.

But the Additional District & Session Judge Court recently, during the trial acquitted all the convicts for want of any concrete evidence.

“They could not produce any hard evidence. They are innocent, ” said their lawyer Nekibur Zaman.

Several legal experts, however, are of the opinion that the Assam police, which have failed to gather enough clues against the convicts, would do well not to pursue the case and investigators bungled during the investigation.

The police high ups are red faced and launched an internal inquiry how this could happen when the police had claimed serious prima facie evidence against all of them when they were arrested nine years back.

The All Assam Students Union (AASU) blamed the state police for the bungling saying the police never took the case seriously after the initial limelight and as a result the four ISI operatives could walk free.

UNI

6/22/2008

 

www.indlawnews.com

 

Maya moves SC against Sahara

http://www.dnaindia.com/report.asp?newsid=1172498

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NEW DELHI: The Uttar Pradesh (UP) government moved the supreme court (SC) on Friday against a high court (HC) order stopping the demolition of Sahara Sahar, a commercial complex in Lucknow owned by chief minister Mayawati’s bete noire Mulayam Singh’s friend Subroto Roy.

The apex court refused to stay the HC order but agreed to hear the government plea next week.

The high court had stalled the midnight demolition by Lucknow Development Authority (LDA) on Thursday on Sahara’s plea.

This is the second time in a fortnight that the HC order on Sahara has been challenged in the supreme court.

LDA denied Sahara’s allegation that it was not served a notice before. Defending the demolition, it said the entire construction on the 270 acres of Sahara Shahar was illegal and done without getting the building plan approved from a competent authority.

“On June 13, two representatives of Sahara admitted before the LDA vice-chairman encroaching upon the 30-metre-wide road provided in the master plan,” LDA claimed. It said Sahara was repeatedly warned to remove the encroachment.
Sahara’s counsel, however, said LDA had demolished boundary walls, a watchtower, an auditorium, portion of a hospital and the approach to Jal Mahal to extend Mayawati’s pet project Ambedkar Park.

b_rakesh@dnaindia.net

Rakesh Bhatnagar

Saturday, June 21, 2008  03:01 IST

www.dnaindia.com

Give land back to Sahara group: HC to Mayawati http://economictimes.indiatimes.com/News/PoliticsNation/Give_land_back_to_Sahara_group_HC_to_Mayawati/articleshow/3148651.cms

Lucknow: It’s been a season of close shaves for the Sahara group. First, it won a reprieve from the RBI that had disallowed Sahara India Financial Corporation Ltd (SIFCL) from accepting fresh deposits from investors and then rescinded that order.

On Thursday, the Allahabad high court pulled up the Lucknow Development Authority (LDA) for ordering demolition of large portions of Sahara Shahar and ordered the Mayawati’s government to restore the possession of the land to Sahara group.

While LDA standing counsel P N Gupta said the civic body will file a special leave petition in the Supreme Court against the order, the Lucknow bench of Allahabad HC’s censure is pretty strong. Describing Wednesday night’s demolition job at Sahara Shahar as a “blatant abuse of power by LDA officials”, the court said the group could make necessary constructions on the said land to safeguard its property.

However, it added a caveat saying any construction by Sahara would be subject to final outcome of the regular suits against it pending in local civil courts.

Without any prior notice, LDA bulldozed the Sahara property to clear alleged encroachment on a zonal road that is part of Lucknow’s Master Plan. The exercise took place in presence of heavy security armed with tear gas and in riot control gear. Onlookers were cleared out from the vicinity.
20 Jun, 2008, 1445 hrs IST, TNN

http://economictimes.indiatimes.com

Contempt provisions do not target media’

http://www.hindu.com/2008/06/22/stories/2008062255731000.htm

KOCHI: The contempt of court provisions are used to uphold the majesty of courts and not to terrorise the media, Chief Justice of India K.G. Balakrishnan said here on Saturday.

Inaugurating a workshop on reporting of court proceedings and administration of justice for legal correspondents and journalists, he said no one would implement court orders if these provisions were absent.

The National Legal Services Authority; the Kerala State Legal Services Authority; the Indian Law Institute; the Press Council of India; and the Editors’ Guild of India organised the workshop.

Mr. Balakrishnan called upon the media to exercise caution while reporting cases of rape and such others in which the names of victims should be undisclosed. While reporting, care should be taken not to affect a fair trial. The media should use discretion while reporting court proceedings and need not publish all the comments of judges.

On sensationalism, Mr. Balakrishnan said some element of it should be there in reporting because, otherwise, news reports would read like gazette notifications. But reporting should be done with a sense of social responsibility and caution.

Reacting to a discussion in a session, Mr. Balakrishnan ruled out political interferences in the appointment of judges.

Trial by media

In his keynote address, G.N. Ray, Chairman of the Press Council, said India’s media scene had witnessed a shift in functioning with the emergence of the electronic media. The media doing pre-investigation of cases before authorities such as the police started their investigation caused concern. Mr. Ray stressed the need to focus on unbiased reporting.

Arijit Pasayat, Supreme Court judge and Chairman of the Supreme Court Legal Services Committee, presided. H.L. Dattu, Chief Justice of Kerala High Court, welcomed the gathering.

S.R. Sakthidharan, Chairman, Kerala Press Academy, made the introductory address. C.P. Sudhakara Prasad, Advocate-General, gave a special address. J.B. Koshy, Kerala High Court judge and Executive Chairman of the Kerala State legal Services Authority, proposed a vote of thanks.

Staff Reporter

Sunday, Jun 22, 2008

www.hindu.com

Kerala has potential for industrialisation

http://economictimes.indiatimes.com/News/Economy/Kerala_has_potential_for_industrialisation/articleshow/3152374.cms

 

KOCHI: There is enough potential for the industrial development of kerala, a state blessed with many rivers, but not enough energy, Chief Justice of India, K G Balakrishnan, said here today.

“We have sufficient water and the rivers that criss cross Kerala make the land fertile. But we do not have enough energy. If we have sufficient energy, Kerala would have achieved much more development.

Speaking after inaugurating a function organised by the Kerala Chamber of Commerce and Industry (KCCI) to honour M A Yusuff Ali, Managing Director of EMKE Group,on being conferred the Padmashree award, he said Kerala has about 38 rivers which criss-cross the state, before merging with the Arabian sea.

Pointing out that hundreds of inter-state river water dispute cases are still pending before various courts in the country, including the Apex Court, he said Kerala’s involvement in such disputes was very limited.

Stating that running a business organisation was not a small thing as labour disputes are likely to crop up, he said Yusuff Ali has become a model for others, in serving people.

He said labour disputes in Kerala had resulted in several industries moving to neighbouring states. Everyone, including politicians and KCCI could cooperate in taking the state ahead ahead in industrial development, he said.

He also expressed the hope that several disputes could be settled through arbitration, with the joint effort of the Chamber, courts and advocates.

21 Jun, 2008, 2202 hrs IST, PTI

http://economictimes.indiatimes.com

 

Karat wants quota in private institutes too

http://timesofindia.indiatimes.com/India/Karat_wants_quota_in_private_institutes_too/articleshow/3152686.cms

 

NEW DELHI: CPM general secretary Prakash Karat on Friday demanded reservation in private, aided educational institutions and deemed universities.

Addressing a seminar on ‘SC Judgement on OBC Reservation and Aftermath’, Karat reiterated the Left stand that there should be a legislation to empower states to regulate the fee structure and admission process in higher educational institutions since education sector is witnessing increasing “commercialisation and racketeering”.

Stating that the new law to enable states to regulate fee structure and admission process was a logical progression to the 93rd constitutional amendment, he said, ‘‘We have to have social control (in education sector). What we are seeing is increasing commercialisation and racketeering in the higher education sector. It is a necessary step (law to regulate educational institutions) to overcome the judgment in the T M A Pai case which guarantees entrepreneurial rights in the education sector.’’

After much protest and criticism, Karat said, the government has been able to implement reservation in central educational institutions.

‘‘The next step should be having reservation in private, aided and deemed universities,’’ he said. There would be a lot of opposition from within the ruling establishment and other political parties as a number of educational entrepreneurs are “MLAs, MPs and ministers”, he said.

22 Jun 2008, 0231 hrs IST,TNN

http://timesofindia.indiatimes.com

 

High Court allows appeal on land acquisition

http://www.greaterkashmir.com/full_story.asp?Date=23_6_2008&ItemID=45&cat=21

 

Srinagar, June 22: In a land acquisition case, the High Court while allowing an appeal has set aside an order by a district court for compensation enhancement. It has directed the authorities to recover any amount paid on the basis of enhancement.
 In his judgment, Justice Bashir Ahmad Kirmani, observed that the court has not put forth any outstanding circumstances to justify the extra statutory increase in the amount of solatium payable in acquisition matters. “All these orders appear to create gaping holes which becomes freighting by creating a liability of more than Rs three crore on the state exchequer. This amount has to be ultimately borne out by the endangered species, the common man,” the judge observed.
 Proceedings were initiated for the acquisition of the land measuring 122 kanals and 13 marlas in Budgam by the collector of Power Development Department for construction of power grid station. The then collector had issued a notice for acquisition of the land measuring 264 kanals and 16 marlas for gas turbine in April 1989 which was later modified and restricted to 122 kanals and 13 marlas for construction of grid.
 The authority concerned had fixed a rate of Rs 55, 731 per kanal for the said land. However, the respondent had appealed before the collector concerned for enhancement of compensation, which was accordingly done by the authorities under order (No LA-PDD/MHPs/324-40) dated June 3, 1998.    
 The judgment said the proceeding regarding the enhancement of the compensation was conducted in Budgam court. “The compensation was enhanced to Rs 2000 per kanal along with Rs 3, 44, 437 for fruit bearing trees and Rs 1,44000 for sheds amounting to Rs 1,0738437. A solatium of Rs 3221531 was added at the rate of 30 per cent along with interest rate of 12 percent per annum from the date of order till realization of the amount,” the judgment said.
 It said the orders were passed without holding the PDD as a party. “It burdens the state exchequer with a huge liability even when there was no need or ground for the enhancement.”
 The judge observed that the trial court has concluded that the approximate value of the land under reference was Rs two lakh per kanal at the relevant point of the time. It said considering the evidences and circumstances the orders suffers on three accounts. First, the proceedings against the superintending engineer, PDD, appear to have been “casually” ordered on the basis of unauthenticated receipts, which neither bears the office seal nor the name of the receiving person. Secondly, the trial court doesn’t appear to have properly appreciated the evidences in proper perspective led by respondent nor has it made any effort to secure other “Sharie” sale deeds for record to come to the conclusion regarding the sale prices of the land in question at the appropriate time. Thirdly, the rate of solatium has unusually been awarded at 30 per cent on the ground of appellants delayed payment of compensation to respondent till 1996. 
 “The trial judge appears to have forgotten that the enhanced rate of solatium could only apply to the compensation paid at the original awarded rate and not the enhanced one which certainly was nowhere in being in 1996,” the judge observed.
 He said the rate of the interest on the compensation has been awarded at 12 percent per annum instead of the statutory percentage of six percent for first year and 10 percent thereafter in case of non-payment. “It creates a burden on state exchequer,” the judge observed.
 The judge said the reference court under section 18 of land acquisition act requires keeping in mind that while considering enhancement in compensation for acquired land they are performing an important function having implications at the public exchequer. “They are thus expected to act strictly within law and control the tendency of being Hatam Tais of their times,” the judge observed.

MUDDASIR ALI

www.greaterkashmir.com

No garbage disposal: Gurgaon wallows in own filth

http://www.expressindia.com/latest-news/No-garbage-disposal-Gurgaon-wallows-in-own-filth/325857/

 

Gurgaon, June 21 Deputy Commissioner says all measures stop gap, city must wait two years for a treatment plant and solution

One person generates around 300 to 400 grams of biodegradable waste ever day. At this rate, Gurgaon, with a population of approximately 10 lakh people, generates 350 metric tonnes of waste every day. And this waste is either burnt in empty plots and parks across the city or finds its way to the Aravalli belt near DLF.

It’s all garbage
Garbage tops the list as far as the many infrastructure problems of Gurgaon are concerned. The problem is so severe that various resident welfare associations (RWAs) of the city got together and filed a Public Interest Litigation (PIL) against the Haryana Urban Development Authority (HUDA) in the Punjab and Haryana High Court earlier this year.
Efforts were made by administrative officers, following the PIL, as far as making provision for the dumping of garbage and controlling random disposal of waste in Gurgaon was concerned.
Gurgaon Deputy Commissioner Rakesh Gupta was made the “nodal officer” for supervision of “proper and hygienic disposal of waste” by Justice Jaswant Singh of the High Court, following the last court hearing on May 14.
The order also stated: “The court is dissatisfied with a report submitted by HUDA outlining their project to curtail unchecked garbage dumping.”

Executive action
A meeting was held in Gurgaon following the court hearing, wherein Gupta formed a committee of five members — two HUDA officials, one Municipal Corporation official and one other administrative staff member — that was put in charge of surveying the dumping area every fortnight.
“I directed the officers to ensure that garbage is only thrown at the large Chakarpur village landfill, away from the main road, and that the dumping area is regularly sprayed with bacterial spray,” Gupta told Newsline. He also claimed that signboards had been put up along the road, instructing residents to not litter the area.
Gupta said: “This is only a stop gap arrangement till the garbage treatment plant is ready. The plant will take care of all the garbage troubles of Gurgaon and generate power from waste.” The plant is almost two years from completion.

No objection
Progress is slow. Although, for all official purposes HUDA has acquired 30.5 acres to build the solid waste treatment plant, the No Objection Certificates (NOC) required for the plant are yet to be cleared. Till date, only the environment clearance has been received. The development authority applied for the clearances in October 2006.
A senior HUDA official said: “The process is long and tedious. We face hurdles at every level… for one clearance an application has to go through a minimum of six channels.” The official said the clearances are now being processed, “because the High Court has intervened.”
HUDA officials said all NOCs would be acquired latest by July 21, after which it will take another 18 months to construct the treatment plant. The plant is expected to generate one megawatt electricity per day from biodegradable waste collected across the suburb.
Y S Gupta, a senior administrative official, said: “The plant will be built by a private company on a Build-Operate-Develop basis.” The private company will also be in charge of garbage collection, segregation and disposal.

Private contractors
But till the plant is ready, there is no provision for the disposal of garbage in Gurgaon.
Dharam Sagar, chairman of the Federation of Resident Welfare Associations, said: “The lack of infrastructure and manpower in the administrative departments of this city has forced most residents to hire private contractors for getting rid of their garbage.”
Sagar is also among the litigants who filed the PIL in the High Court. He said that for the last seven years Sectors 4 and 7 have had their own garbage collector: “I am apprehensive about the Gurgaon administration’s ability to deal with issues. When we were collecting garbage, it cost us Rs 70,000. But in the last two months that HUDA has taken over, it has paid Rs 1,80,000 for the same purpose to another contractor.”

No Garbage collection
HUDA has no provision for garbage collection or disposal in its Sectors. “The city barely has enough garbage trucks and dustbins… in the new sectors, if you notice, there is no provision for disposal of garbage,” V K Rao, president of an RWA in Sector 45, said. He said private garbage collectors, hired by residents, collect garbage from each doorstep and go and dump it in the nearest big pile. “I know it is not the best option but when there are no garbage bins or trucks provided by the administration, where are we supposed to throw the waste?” Rao asked.

No relief for DLF
The residents of DLF, meanwhile, have had no respite. “The main reason for us filing the PIL was to ensure that the existing piles of waste are removed from our houses and some proper provision is made to deal with the garbage. The authorities have, it however seems, found more reasons to delay action regarding this problem,” Shalini Wig Wadhwa, DLF RWA member, said. “To help with waste disposal, we have hired an NGO that segregates the biodegradable waste, turns it into manure and throws the rest at the landfill,” she said.

MOYNA

Posted online: Sunday , June 22, 2008 at 10:23:19
Updated: Sunday , June 22, 2008 at 10:23:19

www.expressindia.com

 

Exploitation in IT Industry

http://lifestyle.merinews.com/catFull.jsp?articleID=136158

 

The IT industry may seem inviting to students with innocent dreams in their eyes but the ones already engaged in it will tell you that the reality bites! Here’s a more elaborate view of IT industry, about the extortion of employees in here..

 

WE ALL are much aware of the Information Technology (IT) industry – its rewards, its intellect, the booming economy etc. But all we have seen is only one side of the coin or we can say merely the merits of the IT Industry. No one has given an insight into the demerits of this industry. This is also probably because software engineers have no time to write on this issue. I was lucky to get some hours to write about this, after facing long ’death rows’ of project deadlines. I think this is high time the government should step in to check the exploitation practiced by these software companies.

There is no rule at all to check the amount of work they take from their employees. Since the work is intangible, it never seems that the person has done enough for the day. The IT managers are trained to exploit the workforce. They will always give the task of four days to be completed in one day. They would do that despite knowing that the task is not feasible. But they don’t like the peace of mind or a momentarily smile on the faces of their arduous employees.

For us employees, it’s like hell working from nine to nine and even on weekends that too without being paid for this extra work. We don’t have unions in software companies, so this practice is not checked by any one. In most cases, the fresh engineers are exploited by their project managers. These poor guys coming from the colleges with dreams in their eyes are presented a different world. Majority of them are hired on foxing packages within the range of two to four lakh per annum. For example, a fresher will get Rs 17,000 per month and his manager will get Rs 1,50,000 per month – isn’t this ironical! So I think someone should wake up and put up a Public Interest Litigation (PIL) against this unethical practices performed by the IT companies.

I think we all should agree that there should be personal life of employees beyond work. This practice is already obliterated in the European countries after the directives given by their governments. I hope there will be a day when IT employees will go to the office with a smile knowing they can come home when the time-out siren will ring!

CJ: aks ,  22 Jun 2008  

http://lifestyle.merinews.com

Daily Legal News for 31.07.08

US House passes first bill to regulate tobacco

http://timesofindia.indiatimes.com/World/USA/US_House_passes_first_bill_to_regulate_tobacco/articleshow/3309099.cms

 

WASHINGTON: The House of Representatives overwhelmingly passed legislation that for the first time would subject the tobacco industry to regulation by federal health authorities whose job is to promote public well-being.

Its backers call the Family Smoking Prevention and Tobacco Control Act landmark legislation. While the bill appears to have enough support to pass this year, it is unclear whether the Senate will have time to act, and the Bush administration said yesterday that President George W Bush would veto the bill.

The 326-102 House vote signalled solid bipartisan support for the measure, with 96 Republicans breaking with Bush’s position to vote in favour of the bill. Both presidential candidates, Sens John McCain, a Republican, and Democrat Barack Obama support the legislation.

Democratic Rep Henry Waxman worked for more than a decade to get the House to pass tobacco regulation.

“This is truly a historic day in the fight against tobacco,” Waxman said. “But it took us far too long to get here.”

The bill would tighten restrictions further on tobacco advertising and impose new federal penalties for selling to minors. Its most far-reaching provisions would give the Food and Drug Administration power to regulate tobacco, from cigarettes to new kinds of smokeless products.

While the agency could not outlaw tobacco or nicotine, it could demand the reduction or elimination of cancer-causing chemicals in cigarette smoke. The bill would prohibit candy flavoured cigars and cigarettes, and would give the FDA authority to ban menthol by far the flavouring most commonly added to cigarettes.

31 Jul 2008, 1002 hrs IST,AP

http://timesofindia.indiatimes.com

 

Influx blamed for blasts

– AASU links violence with Assam’s migrant problem

http://www.telegraphindia.com/1080731/jsp/northeast/story_9624005.jsp

Guwahati, July 30: The AASU today warned both Delhi and Dispur that the serial blasts that rocked Bangalore and Ahmedabad could have its origins in Assam.

The students union, armed with two recent rulings of Gauhati High Court on identification and deportation of illegal Bangladeshis, said Assam has emerged as an important corridor for fundamentalist and extremist forces behind the serial blasts that shook Bangalore and Ahmedabad last week.

AASU top brass Shankar Prasad Ray and Tapan Gogoi, along with AASU adviser Samujjal Bhattacharyya, said the court rulings have only vindicated the student union’s oft-repeated stand that illegal Bangladeshis entering the state are a threat to the nation’s integrity and unity.

“The government, both at the Centre and the state, should be ashamed of the court’s observations. They have exposed the failings of the governments to rein in influx. Those detected simply vanish and they are all a threat to the nation.

“We have very strong reasons to believe that the blasts in Ahmedabad and Bangalore are the handiwork of those who entered the state through Bangladesh and disappeared into thin air. They are a threat not only to the state but also to the nation. If the governments do not act even now, we will not sit idle,” Bhattacharyya said, reiterating the AASU’s demand to set up detention camps to prevent migrants, both suspected and identified ones, from disappearing. .

Ray and Gogoi, asserting that they would continue to raise their voices against influx, said a meeting of the students’ union to be held sometime today would decide the future course of action.

“The observations of the court reflect the failure of the government to act against these Bangladeshis who are crucial to the vote bank politics of all political parties, whether it is the Congress or the BJP or AGP,” Bhattacharyya said.

The high court ruling came in two similar cases in which the petitioners, declared foreigners by tribunals, had moved court.

Justice B.K. Sharma, while disposing of the writ petition filed by Md Abdul Hasim, had observed, “This writ makes shocking revelations as to how a foreign national (Bangladeshi) taking recourse to falsity, forgery and manipulation has been living in Assam, India, for years together.”

 

Thursday , July 31 , 2008

A STAFF REPORTER

www.telegraphindia.com

 

HC judgement on migrants Wake up call for Govt: AASU
http://www.assamtribune.com/scripts/details.asp?id=jul3108/at01


 GUWAHATI, July 30 – The All Assam Students Union today, while appreciating the recent judgement of the Gauhati High Court on illegal Bangladeshi migrants, said that is a warning call for the State and Union Governments to take strong action against Bangladeshi nationals who have “illegally entered Assam, and have become kingmakers in their own right.”

Going for the jugular the AASU top brass at a press conference stated that neither the State Government nor the Union Government could shy away from their responsibility to protect Assam and the country from “the external aggression and internal disturbance brought about by influx from Bangladesh.”

The students’ body was of the belief that the recent judgement on illegal migrants and their nefarious activities revealed that the AASU was right in highlighting the presence of illegal Bangladeshi migrants and government inaction to identify and deport them.

Stating that the presence of Bangladeshi nationals and their continuing influx had threatened the indigenous population of Assam and her neighbouring regions, the AASU claimed that the State at present was devoid of any political leadership, otherwise things would not have come to such a pass.

The role of the Congress party, the Left parties and AGP also attracted the AASU’s wrath, because none of them was reported to have been keen on a process to identify and deport illegal migrants coming in from Bangladesh.

Their apathy towards the issue of illegal migrants, according to the AASU, was due to the fact that all of them perceived illegal migrants as vote banks, which they could not ignore.

Speaking on the occasion, AASU president Shankar Prasad Ray said that the way illegal migrants could operate in Assam showed “the hollow nature” of the Congress party and others who were in the reign of power for a long time. Despite efforts by AASU, the Union and State Governments have yet to act in a manner to stop infiltration from across the border. He urged both the governments to implement the Assam Accord in letter and spirit.

AASU general secretary, Tapan Kumar Gogoi, referring to the Gauhati High Court judgement said that it was tragic how Bangladeshi nationals could aspire for public office in Assam. It was only in a place like Assam that a foreign national could contest elections, all because of the failure of the government and the political parties, he added.

Samujjal Bhattacharya, AASU adviser, lambasted the State and Union Governments and said that the political leadership should be especially ashamed after the High Court came out with its judgement.

Asserting that the State Government and its various officials should now start identifying and arresting illegal migrants, he said that those arrested should be put in detention camps, before they were deported back.

Saying that after the Supreme Court order to repeal the IMDT Act, the onus was on suspected Bangladeshis to prove their citizenship, Bhattacharya pointed out that in the present scenario a large number of Bangladeshis have taken recourse to illegal and devious means to do just that.

The AASU adviser strongly criticised Chief Minister Tarun Gogoi and Prime Minister Manmohan Singh for their silence on an issue that was vital to the State as well as to the country. He and other AASU leaders warned that they would not rest till the Union and State Governments acted tough on Bangladeshi migrants, and would from now onwards keep a watch how the State Government acted on the directives issued by the Gauhati High Court.

By A Staff Reporter

www.assamtribune.com

 

Punjab and Haryana HC issues notice to Home Ministry to release Foreign prisoners
http://www.indlawnews.com/newsdisplay.aspx?ba59d809-f8dc-4c0a-bda4-8db88f36af9c

 


The Punjab and Haryana High Court issued notices to Union Home Ministry, the External Affairs Ministry, among others, for September 8 on a PIL seeking directions for immediate release and also repatriation of 51 prisoners of foreign origin lodged at the Amritsar Central Jail as they had all completed their sentences.

The notices were issued by a Division Bench of Chief Justice Vijender Jain and Justice Mahesh Grover while hearing the PIL filed by Amritsar based advocate Ajay Kumar Virmani.

Mr Virmani had secured this information from authorities concerned under the Right to Information Act. A majority of these prisoners were from Pakistan, Afghanistan and Bangladesh, who were apprehended mainly for offences under the Indian Passport Act.

UNI

7/30/2008

www.indlawnews.com

 

Flying squads to book erring auto driver, NCT tells HC

http://www.zeenews.com/articles.asp?aid=459079&sid=REG

 

New Delhi, July 30: Commuters who are often harassed by erring auto drivers in the Capital can look forward to instant help on road from flying squads when they are caught in an awkward situation in places like railway stations, Dilli Haat or AIIMS.

The NCT government today informed the Delhi High Court that flying squads of traffic police have been deployed at various places to monitor and book erring auto drivers.

Appearing for the Traffic police and State Transport Authority, counsel Jyoti Singh told the Bench headed by Chief Justice A P Shah that since July 17 the flying squads have been deployed in places like AIIMS, Dilli Haat, Bhikaji Kama Place and railway stations.

The bench was hearing a PIL filed by Harsh Agrawal seeking direction to the government to put in place proper mechanism to solve the problems allegedly arising due to monopoly of auto drivers in the city.

Submitting the suggestions of traffic police to the court, Singh stated that if the auto driver was found to be erratic and misbehave with the public, his auto could be impounded and a fine of Rs 5,00 could be imposed on him.

As per the existing law, the auto driver is to be challaned for Rs 100 only, she added.

Following the lawyer’s submission the court said it would go through all suggestions of the government and pass an appropriate order. In the PIL, petitioner contended that commuters had to face problems because auto-drivers demanded fares more than fixed by the government.

Earlier, the court had pulled up the government for not being able to bring to book the erring drivers and said “is there a total lawlessness in the city.”

The Transport department contended that they were not able to catch the erring drivers as the addressed given by them were normally fake.

Bureau Report

www.zeenews.com

 

Fleecing autos face Rs 5K fine

http://timesofindia.indiatimes.com/Delhi/Fleecing_autos_face_Rs_5K_fine/articleshow/3307948.cms

 

NEW DELHI: It seems that finally traffic cops are getting their act together to rein in rogue auto drivers. As most autorickshaw drivers in the city continue with their fleecing ways even after a hike in the tariffs, the traffic police is preparing a slew of punitive measures aimed at those who misbehave with commuters and refuse to ply by meter.

On Wednesday, the traffic police informed the Delhi High Court that a steep fine of Rs 5,000, flying squads for random checks, CCTV cameras at pre-paid booths and a traffic helpline are among the number of measures it is planning to make auto drivers fall in line.

Informing HC that some of these steps had already been implemented and some were awaiting clearance by the government, traffic police claimed situation would improve soon for commuters. A bench headed by chief justice A P Shah, after going through the status report and proposed plan of action by the traffic department, decided to dispose off a PIL pending before it. HC said it was satisfied with what the department had in mind and hoped citizens wouldn’t be overcharged now by auto drivers.

Appearing on behalf of the government, advocate Jyoti Singh said traffic cops are offering prepaid services at booths to aid commuters. ‘‘At present this service is being offered at 28 pre-paid booths at prominent places where personnel are present with complaint cards. If a commuter has a complaint with respect to refusal, overcharging or misbehaviour, he/she can lodge the same with the personnel present at the booth. There is also a proposal to install CCTV cameras at pre-paid booths,’’ the lawyer said.

Singh added the traffic police have started a helpline at 011-23010101. Commuters can also SMS at 56767 to lodge a complaint against errant auto drivers. On receiving complaints, the cops will issue a show cause notice to the permit holders asking why their permits shouldn’t be cancelled.

Auto drivers who misbehave or overcharge are likely to be asked to pay Rs 5,000 fine if traffic department’s proposal gets sanctioned and an amendment is made in the Motor Vehicle Act, revealed an affidavit submitted by the traffic department in the HC. But the HC has recommended a “rational” fine of Rs 500.

abhinav.garg@timesgroup.com 31 Jul 2008, 0114 hrs IST, Abhinav Garg ,TNN

http://timesofindia.indiatimes.com

 

Spirited PIL seeking more booze vends gets HC rebuff

http://timesofindia.indiatimes.com/Delhi/Spirited_PIL_seeking_more_booze_vends_gets_HC_rebuff/articleshow/3307945.cms

 

NEW DELHI: A PIL demanding opening of more liquor vends in the Capital stumped the Delhi High Court on Wednesday. ‘‘A welfare state is duty-bound to provide authorized liquor to its citizens,’’ said the PIL which left chief justice A P Shah and justice S Muralidhar fuming.

‘‘What kind of a petition is this? Give more and more liquor to citizens? This is a sponsored PIL from the liquor mafia,’’ thundered the bench.

Even as the lawyer, who appeared to argue the PIL, struggled to defend the demands — claiming the PIL actually sought closure of unauthorized liquor shops and opening of more authorized ones — lawyers and litigants who were awaiting their turn inside the courtroom had a hard time supressing their laughter.

‘‘How can you say a welfare state is duty-bound to provide more liquor to its citizens? Just read what prayers are made in your PIL,’’ chief justice Shah observed, rebuking the lawyer for daring to come to court with such a petition. ‘‘We know who is behind this PIL,’’ he remarked.

The PIL drew the bench’s ire because it draped its demands as a constitutional right, arguing that politicians were forcibly closing down liquor shops, jeopardising the livelihoods of many. It said, therefore, it was important the state should ‘‘give more and more liquor’’ to its citizens by opening authorized liquor vends.

Arguing the State must open more shops, the lawyer — under fire from the bench — tried to put up a brave face and claimed his PIL, in fact, was of public interest because it sought illicit liquor trade and illegal sale to be banned. Sale of liquor from vends authorized by the government will reduce illegalities associated with this trade, the advocate argued, only to see his contention trashed by the two judges.

abhinav.garg@timesgroup.com

31 Jul 2008, 0112 hrs IST, Abhinav Garg,TNN

http://timesofindia.indiatimes.com

 

AIIMS-Patna blueprint inspected by experts

http://timesofindia.indiatimes.com/Cities/Patna/AIIMS-Patna_blueprint_inspected_by_experts/articleshow/3308193.cms

 

PATNA: The Post Graduate Institute of Medical Education and Research, Chandigarh has evaluated the architectural design of the proposed Jaya Prakash Narayan All India Institute of Medical Sciences, Patna, to ensure its functional efficiency.

The Patna High Court was apprised of this through a counter affidavit of the Central government to a PIL filed by Council for Protection of Public Rights and Welfare.

There is a “Green Building Concept” for the hospital building which is to be constructed on the land provided to the Central government at Phulwarisharif. The Bureau of Energy Efficiency is providing the expertise in Energy Conservation and Building Codes compliance.

The detailed project report (DPR) would be ready by August, 2008. The Hospitech Management consultant has been consulted to design the DPR for the medical college and hospital, the counter affidavit said.

31 Jul 2008, 0330 hrs IST

http://timesofindia.indiatimes.com

 

APPSC moves SC against quota in Group-I Mains

http://timesofindia.indiatimes.com/Hyderabad/APPSC_moves_SC_against_quota_in_Group-I_Mains_/articleshow/3304703.cms

 

HYDERABAD: The Andhra Pradesh Public Service Commission (APPSC) on Tuesday moved the Supreme Court seeking stay on the recent High Court judgment favouring implementation of reservations while selecting candidates for Mains in the Group-I examination.

Addressing a press meet, APPSC chairman Dr Y Venkatarami Reddy said, “We are going to place all the three judgments before the Supreme Court along with practices followed by other states. We are working to find a solution to a problem which has been persisting for the last 24 years.”

While the earlier two judgments did not favour reservations at the preliminary stage, the High Court on July 23 supported the quota. He said that the judgments given by the court in 1984, 2004 and 2007 were contradictory to the latest order.

The petition was filed based on the advice of advocate-general C V Mohan Reddy. On the issue of cancellation of Group-I Mains exam to be held on August 7, the APPSC chairman said that it would be known only by Friday or Monday . “As per GO 570, there is no reservations for Prelims to Mains. A ratio of 1:50 was being followed based on which recruitments were done thrice in 1984, 1995 and 2004. It is a legal problem, but people are politicising the issue,” he added.

On Tuesday, nearly 50 activists of the Democratic Youth Federation of India (DYFI) staged a dharna in front of the APPSC office demanding implementation of reservations. As of now, there are 196 Group-I vacancies, including 86 reserved posts, but the APPSC had short-listed 9,800 aspirants in the order of merit.

30 Jul 2008, 0952 hrs IST,TNN

http://timesofindia.indiatimes.com

 

HDFC Bank moves SC over crucial insolvency laws

http://economictimes.indiatimes.com/News_by_Industry/HDFC_moves_SC_over_insolvency_laws/articleshow/3307200.cms

 

NEW DELHI: The Supreme Court will decide whether banks can initiate insolvency proceedings while recovering dues from individual defaulters as private sector lender HDFC Bank has sought the apex court’s intervention in this regard.


The decision will have far reaching ramifications as it would expedite the loan recovery process. HDFC Bank has challenged the Bombay High Court judgement in a debt recovery case in which it was held that an insolvency notice cannot be issued on the basis of a recovery certificate issued by a Debt Recovery Tribunal.

The case relates to recovery of Rs 29 crore from Kishore K Mehta of Lilavati Hospital in Mumbai. The insolvency proceedings against individual defaulters are similar to winding up procedures against companies. In both the cases, the court-appointed receivers take charge of the assets and auction the same to recover dues.

The apex court bench headed by Justice S H Kapadia has issued notice to Mehta and had earlier stayed the High Court ruling which dismissed the HDFC Bank’s appeal.

 

30 Jul, 2008, 1907 hrs IST, PTI

http://economictimes.indiatimes.com

 

Freedom-fighter takes pension battle to SC

http://timesofindia.indiatimes.com/Delhi/Freedom-fighter_takes_pension_battle_to_SC/articleshow/3154940.cms

 

NEW DELHI: At 13 he waged a war against the British and now septuagenarian freedom fighter Suresh Prakash Agarwal is fighting a long battle for the release of his pension.

After failing to get relief from the Central and UP government, the 75-year-old man living in an old age home has finally knocked the doors of the SC which had recently sent notices to the Centre and the UP government asking them for an explanation.

He was awarded a year-long rigorous imprisonment for bomb ing at the office of District Collector, Pilibhit in Uttar Pradesh in 1946. He served in Central jail, Bareilly till June 1947. like Satish Chandra who was a Union Deputy Minister in the Nehru government. Freedom fighters are entitled to two pensions — one from the Centre and the other from the state government.

“I was issued a freedom fighter’s certificate by the Pilibhit District Magistrate in 1956 after which I applied for freedom fighter pension,” says Agarwal.

Decades later, Agarwal, an MSc in Physics, went to the Supreme Court and filed a writ petition for the speedy grant of his pension.

23 Jun 2008, 0435 hrs IST,PTI

http://timesofindia.indiatimes.com

 

HC slams relief for firm accused of fraud

http://timesofindia.indiatimes.com/Delhi/HC_slams_relief_for_firm_accused_of_fraud/articleshow/3154890. cms

 

NEW DELHI: Delhi High Court has severely criticised the Debt Recovery Appellate Tribunal for granting a stay against debt recovery to a business firm accused of defrauding a public sector bank of nearly Rs 40 crores.

Setting aside the stay order recently, a division bench of justice Mukul Mudgal and justice V K Shali wondered how the DRAT could restrain the bank from seeking recovery of dues from a man who allegedly took credit from the bank and then defaulted, forcing the bank to also lodge an FIR with the Economic Offences Wing of Delhi Police. Interestingly, DRAT is also presided over by a high court judge as it sits in appeal on debt recovery cases.

“The finding arrived at by the tribunal is totally arbitrary and unreasonable which no reasonable person would arrive at,” HC observed in a strongly worded judgement, even as it asked the defaulter firm to cough up Rs 30,000 immediately to Jammu & Kashmir Bank which calculated a total liability of Rs 52 crore against the firm, including interest.

The bank, through its lawyer Tanveer Ahmed Mir, had moved HC after DRAT barred it from taking possession of a Safdarjung Enclave property belonging to the firm. This firm, in the meanwhile, leased out this property to another firm which, as HC found out, was actually owned by the same person.

Placing documents before the bench, Tanveer argued that the tenancy was a sham transaction to obstruct recovery of the loan amount by the bank. HC saw through the sham and lashed out at DRAT for “perpetrating the gross illegality in favour of the borrower firm.”

HC also took umbrage at the fact that DRAT “instead of arriving at a just and fair conclusion” posed irrelevant questions related to total area of the Safdarjung property, carpet area, rent etc in order to justify granting of stay to the firm.

“In our view these questions have absolutely no relevance to the transaction and defeat the ends of justice… this will lay a ground for borrower as well as tenant to ensure property possession is not recovered from them,” the two HC judges noted while trashing the DRAT order.

abhinav.garg@timesgroup.com

23 Jun 2008, 0353 hrs IST, Abhinav Garg,TNN

http://timesofindia.indiatimes.com

 

Embarrassed Assam Police move HC to keep prized prisoners
http://www.indlawnews.com/Newsdisplay.aspx?a4bc00ea-3c59-4d14-b4ae-114ca1c36f82


The Assam Police are moving the High Court to keep its most prized catch till date in judicial custody after a lower court released four top ISI operatives, citing of lack of evidence.

“I am hundred per cent sure that they are senior ISI operatives.

We had some laxity in investigation. But they were prized catch, ” said Assam Additional Director General Police (ADGP) G M Srivasatava.

The Assam Police has completed the legal framework to approach the Guwahati High Court to keep the four ISI operatives in custody.

Assam Police had, in August 1999, arrested four persons namely Quari Salim Ahmed alias Abdul Aziz, Md Javed Waqqar alias Mustaffa alias Md Mahraj of Muzaffarnagar (UP), Md Akram Malik of J&K and Hamid Mohammad of Pakistan Guwahati and as many as three cases were registered in this connection.

For years, the Assam Police took pride in the achievement and was it billed as the biggest success in the counter insurgency operations.

But the Additional District & Session Judge Court recently, during the trial acquitted all the convicts for want of any concrete evidence.

“They could not produce any hard evidence. They are innocent, ” said their lawyer Nekibur Zaman.

Several legal experts, however, are of the opinion that the Assam police, which have failed to gather enough clues against the convicts, would do well not to pursue the case and investigators bungled during the investigation.

The police high ups are red faced and launched an internal inquiry how this could happen when the police had claimed serious prima facie evidence against all of them when they were arrested nine years back.

The All Assam Students Union (AASU) blamed the state police for the bungling saying the police never took the case seriously after the initial limelight and as a result the four ISI operatives could walk free.

UNI

6/22/2008

 

www.indlawnews.com

 

Maya moves SC against Sahara

http://www.dnaindia.com/report.asp?newsid=1172498

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NEW DELHI: The Uttar Pradesh (UP) government moved the supreme court (SC) on Friday against a high court (HC) order stopping the demolition of Sahara Sahar, a commercial complex in Lucknow owned by chief minister Mayawati’s bete noire Mulayam Singh’s friend Subroto Roy.

The apex court refused to stay the HC order but agreed to hear the government plea next week.

The high court had stalled the midnight demolition by Lucknow Development Authority (LDA) on Thursday on Sahara’s plea.

This is the second time in a fortnight that the HC order on Sahara has been challenged in the supreme court.

LDA denied Sahara’s allegation that it was not served a notice before. Defending the demolition, it said the entire construction on the 270 acres of Sahara Shahar was illegal and done without getting the building plan approved from a competent authority.

“On June 13, two representatives of Sahara admitted before the LDA vice-chairman encroaching upon the 30-metre-wide road provided in the master plan,” LDA claimed. It said Sahara was repeatedly warned to remove the encroachment.
Sahara’s counsel, however, said LDA had demolished boundary walls, a watchtower, an auditorium, portion of a hospital and the approach to Jal Mahal to extend Mayawati’s pet project Ambedkar Park.

b_rakesh@dnaindia.net

Rakesh Bhatnagar

Saturday, June 21, 2008  03:01 IST

www.dnaindia.com

Give land back to Sahara group: HC to Mayawati http://economictimes.indiatimes.com/News/PoliticsNation/Give_land_back_to_Sahara_group_HC_to_Mayawati/articleshow/3148651.cms

Lucknow: It’s been a season of close shaves for the Sahara group. First, it won a reprieve from the RBI that had disallowed Sahara India Financial Corporation Ltd (SIFCL) from accepting fresh deposits from investors and then rescinded that order.

On Thursday, the Allahabad high court pulled up the Lucknow Development Authority (LDA) for ordering demolition of large portions of Sahara Shahar and ordered the Mayawati’s government to restore the possession of the land to Sahara group.

While LDA standing counsel P N Gupta said the civic body will file a special leave petition in the Supreme Court against the order, the Lucknow bench of Allahabad HC’s censure is pretty strong. Describing Wednesday night’s demolition job at Sahara Shahar as a “blatant abuse of power by LDA officials”, the court said the group could make necessary constructions on the said land to safeguard its property.

However, it added a caveat saying any construction by Sahara would be subject to final outcome of the regular suits against it pending in local civil courts.

Without any prior notice, LDA bulldozed the Sahara property to clear alleged encroachment on a zonal road that is part of Lucknow’s Master Plan. The exercise took place in presence of heavy security armed with tear gas and in riot control gear. Onlookers were cleared out from the vicinity.
20 Jun, 2008, 1445 hrs IST, TNN

http://economictimes.indiatimes.com

Contempt provisions do not target media’

http://www.hindu.com/2008/06/22/stories/2008062255731000.htm

KOCHI: The contempt of court provisions are used to uphold the majesty of courts and not to terrorise the media, Chief Justice of India K.G. Balakrishnan said here on Saturday.

Inaugurating a workshop on reporting of court proceedings and administration of justice for legal correspondents and journalists, he said no one would implement court orders if these provisions were absent.

The National Legal Services Authority; the Kerala State Legal Services Authority; the Indian Law Institute; the Press Council of India; and the Editors’ Guild of India organised the workshop.

Mr. Balakrishnan called upon the media to exercise caution while reporting cases of rape and such others in which the names of victims should be undisclosed. While reporting, care should be taken not to affect a fair trial. The media should use discretion while reporting court proceedings and need not publish all the comments of judges.

On sensationalism, Mr. Balakrishnan said some element of it should be there in reporting because, otherwise, news reports would read like gazette notifications. But reporting should be done with a sense of social responsibility and caution.

Reacting to a discussion in a session, Mr. Balakrishnan ruled out political interferences in the appointment of judges.

Trial by media

In his keynote address, G.N. Ray, Chairman of the Press Council, said India’s media scene had witnessed a shift in functioning with the emergence of the electronic media. The media doing pre-investigation of cases before authorities such as the police started their investigation caused concern. Mr. Ray stressed the need to focus on unbiased reporting.

Arijit Pasayat, Supreme Court judge and Chairman of the Supreme Court Legal Services Committee, presided. H.L. Dattu, Chief Justice of Kerala High Court, welcomed the gathering.

S.R. Sakthidharan, Chairman, Kerala Press Academy, made the introductory address. C.P. Sudhakara Prasad, Advocate-General, gave a special address. J.B. Koshy, Kerala High Court judge and Executive Chairman of the Kerala State legal Services Authority, proposed a vote of thanks.

Staff Reporter

Sunday, Jun 22, 2008

www.hindu.com

Kerala has potential for industrialisation

http://economictimes.indiatimes.com/News/Economy/Kerala_has_potential_for_industrialisation/articleshow/3152374.cms

 

KOCHI: There is enough potential for the industrial development of kerala, a state blessed with many rivers, but not enough energy, Chief Justice of India, K G Balakrishnan, said here today.

“We have sufficient water and the rivers that criss cross Kerala make the land fertile. But we do not have enough energy. If we have sufficient energy, Kerala would have achieved much more development.

Speaking after inaugurating a function organised by the Kerala Chamber of Commerce and Industry (KCCI) to honour M A Yusuff Ali, Managing Director of EMKE Group,on being conferred the Padmashree award, he said Kerala has about 38 rivers which criss-cross the state, before merging with the Arabian sea.

Pointing out that hundreds of inter-state river water dispute cases are still pending before various courts in the country, including the Apex Court, he said Kerala’s involvement in such disputes was very limited.

Stating that running a business organisation was not a small thing as labour disputes are likely to crop up, he said Yusuff Ali has become a model for others, in serving people.

He said labour disputes in Kerala had resulted in several industries moving to neighbouring states. Everyone, including politicians and KCCI could cooperate in taking the state ahead ahead in industrial development, he said.

He also expressed the hope that several disputes could be settled through arbitration, with the joint effort of the Chamber, courts and advocates.

21 Jun, 2008, 2202 hrs IST, PTI

http://economictimes.indiatimes.com

 

Karat wants quota in private institutes too

http://timesofindia.indiatimes.com/India/Karat_wants_quota_in_private_institutes_too/articleshow/3152686.cms

 

NEW DELHI: CPM general secretary Prakash Karat on Friday demanded reservation in private, aided educational institutions and deemed universities.

Addressing a seminar on ‘SC Judgement on OBC Reservation and Aftermath’, Karat reiterated the Left stand that there should be a legislation to empower states to regulate the fee structure and admission process in higher educational institutions since education sector is witnessing increasing “commercialisation and racketeering”.

Stating that the new law to enable states to regulate fee structure and admission process was a logical progression to the 93rd constitutional amendment, he said, ‘‘We have to have social control (in education sector). What we are seeing is increasing commercialisation and racketeering in the higher education sector. It is a necessary step (law to regulate educational institutions) to overcome the judgment in the T M A Pai case which guarantees entrepreneurial rights in the education sector.’’

After much protest and criticism, Karat said, the government has been able to implement reservation in central educational institutions.

‘‘The next step should be having reservation in private, aided and deemed universities,’’ he said. There would be a lot of opposition from within the ruling establishment and other political parties as a number of educational entrepreneurs are “MLAs, MPs and ministers”, he said.

22 Jun 2008, 0231 hrs IST,TNN

http://timesofindia.indiatimes.com

 

High Court allows appeal on land acquisition

http://www.greaterkashmir.com/full_story.asp?Date=23_6_2008&ItemID=45&cat=21

 

Srinagar, June 22: In a land acquisition case, the High Court while allowing an appeal has set aside an order by a district court for compensation enhancement. It has directed the authorities to recover any amount paid on the basis of enhancement.
 In his judgment, Justice Bashir Ahmad Kirmani, observed that the court has not put forth any outstanding circumstances to justify the extra statutory increase in the amount of solatium payable in acquisition matters. “All these orders appear to create gaping holes which becomes freighting by creating a liability of more than Rs three crore on the state exchequer. This amount has to be ultimately borne out by the endangered species, the common man,” the judge observed.
 Proceedings were initiated for the acquisition of the land measuring 122 kanals and 13 marlas in Budgam by the collector of Power Development Department for construction of power grid station. The then collector had issued a notice for acquisition of the land measuring 264 kanals and 16 marlas for gas turbine in April 1989 which was later modified and restricted to 122 kanals and 13 marlas for construction of grid.
 The authority concerned had fixed a rate of Rs 55, 731 per kanal for the said land. However, the respondent had appealed before the collector concerned for enhancement of compensation, which was accordingly done by the authorities under order (No LA-PDD/MHPs/324-40) dated June 3, 1998.    
 The judgment said the proceeding regarding the enhancement of the compensation was conducted in Budgam court. “The compensation was enhanced to Rs 2000 per kanal along with Rs 3, 44, 437 for fruit bearing trees and Rs 1,44000 for sheds amounting to Rs 1,0738437. A solatium of Rs 3221531 was added at the rate of 30 per cent along with interest rate of 12 percent per annum from the date of order till realization of the amount,” the judgment said.
 It said the orders were passed without holding the PDD as a party. “It burdens the state exchequer with a huge liability even when there was no need or ground for the enhancement.”
 The judge observed that the trial court has concluded that the approximate value of the land under reference was Rs two lakh per kanal at the relevant point of the time. It said considering the evidences and circumstances the orders suffers on three accounts. First, the proceedings against the superintending engineer, PDD, appear to have been “casually” ordered on the basis of unauthenticated receipts, which neither bears the office seal nor the name of the receiving person. Secondly, the trial court doesn’t appear to have properly appreciated the evidences in proper perspective led by respondent nor has it made any effort to secure other “Sharie” sale deeds for record to come to the conclusion regarding the sale prices of the land in question at the appropriate time. Thirdly, the rate of solatium has unusually been awarded at 30 per cent on the ground of appellants delayed payment of compensation to respondent till 1996. 
 “The trial judge appears to have forgotten that the enhanced rate of solatium could only apply to the compensation paid at the original awarded rate and not the enhanced one which certainly was nowhere in being in 1996,” the judge observed.
 He said the rate of the interest on the compensation has been awarded at 12 percent per annum instead of the statutory percentage of six percent for first year and 10 percent thereafter in case of non-payment. “It creates a burden on state exchequer,” the judge observed.
 The judge said the reference court under section 18 of land acquisition act requires keeping in mind that while considering enhancement in compensation for acquired land they are performing an important function having implications at the public exchequer. “They are thus expected to act strictly within law and control the tendency of being Hatam Tais of their times,” the judge observed.

MUDDASIR ALI

www.greaterkashmir.com

No garbage disposal: Gurgaon wallows in own filth

http://www.expressindia.com/latest-news/No-garbage-disposal-Gurgaon-wallows-in-own-filth/325857/

 

Gurgaon, June 21 Deputy Commissioner says all measures stop gap, city must wait two years for a treatment plant and solution

One person generates around 300 to 400 grams of biodegradable waste ever day. At this rate, Gurgaon, with a population of approximately 10 lakh people, generates 350 metric tonnes of waste every day. And this waste is either burnt in empty plots and parks across the city or finds its way to the Aravalli belt near DLF.

It’s all garbage
Garbage tops the list as far as the many infrastructure problems of Gurgaon are concerned. The problem is so severe that various resident welfare associations (RWAs) of the city got together and filed a Public Interest Litigation (PIL) against the Haryana Urban Development Authority (HUDA) in the Punjab and Haryana High Court earlier this year.
Efforts were made by administrative officers, following the PIL, as far as making provision for the dumping of garbage and controlling random disposal of waste in Gurgaon was concerned.
Gurgaon Deputy Commissioner Rakesh Gupta was made the “nodal officer” for supervision of “proper and hygienic disposal of waste” by Justice Jaswant Singh of the High Court, following the last court hearing on May 14.
The order also stated: “The court is dissatisfied with a report submitted by HUDA outlining their project to curtail unchecked garbage dumping.”

Executive action
A meeting was held in Gurgaon following the court hearing, wherein Gupta formed a committee of five members — two HUDA officials, one Municipal Corporation official and one other administrative staff member — that was put in charge of surveying the dumping area every fortnight.
“I directed the officers to ensure that garbage is only thrown at the large Chakarpur village landfill, away from the main road, and that the dumping area is regularly sprayed with bacterial spray,” Gupta told Newsline. He also claimed that signboards had been put up along the road, instructing residents to not litter the area.
Gupta said: “This is only a stop gap arrangement till the garbage treatment plant is ready. The plant will take care of all the garbage troubles of Gurgaon and generate power from waste.” The plant is almost two years from completion.

No objection
Progress is slow. Although, for all official purposes HUDA has acquired 30.5 acres to build the solid waste treatment plant, the No Objection Certificates (NOC) required for the plant are yet to be cleared. Till date, only the environment clearance has been received. The development authority applied for the clearances in October 2006.
A senior HUDA official said: “The process is long and tedious. We face hurdles at every level… for one clearance an application has to go through a minimum of six channels.” The official said the clearances are now being processed, “because the High Court has intervened.”
HUDA officials said all NOCs would be acquired latest by July 21, after which it will take another 18 months to construct the treatment plant. The plant is expected to generate one megawatt electricity per day from biodegradable waste collected across the suburb.
Y S Gupta, a senior administrative official, said: “The plant will be built by a private company on a Build-Operate-Develop basis.” The private company will also be in charge of garbage collection, segregation and disposal.

Private contractors
But till the plant is ready, there is no provision for the disposal of garbage in Gurgaon.
Dharam Sagar, chairman of the Federation of Resident Welfare Associations, said: “The lack of infrastructure and manpower in the administrative departments of this city has forced most residents to hire private contractors for getting rid of their garbage.”
Sagar is also among the litigants who filed the PIL in the High Court. He said that for the last seven years Sectors 4 and 7 have had their own garbage collector: “I am apprehensive about the Gurgaon administration’s ability to deal with issues. When we were collecting garbage, it cost us Rs 70,000. But in the last two months that HUDA has taken over, it has paid Rs 1,80,000 for the same purpose to another contractor.”

No Garbage collection
HUDA has no provision for garbage collection or disposal in its Sectors. “The city barely has enough garbage trucks and dustbins… in the new sectors, if you notice, there is no provision for disposal of garbage,” V K Rao, president of an RWA in Sector 45, said. He said private garbage collectors, hired by residents, collect garbage from each doorstep and go and dump it in the nearest big pile. “I know it is not the best option but when there are no garbage bins or trucks provided by the administration, where are we supposed to throw the waste?” Rao asked.

No relief for DLF
The residents of DLF, meanwhile, have had no respite. “The main reason for us filing the PIL was to ensure that the existing piles of waste are removed from our houses and some proper provision is made to deal with the garbage. The authorities have, it however seems, found more reasons to delay action regarding this problem,” Shalini Wig Wadhwa, DLF RWA member, said. “To help with waste disposal, we have hired an NGO that segregates the biodegradable waste, turns it into manure and throws the rest at the landfill,” she said.

MOYNA

Posted online: Sunday , June 22, 2008 at 10:23:19
Updated: Sunday , June 22, 2008 at 10:23:19

www.expressindia.com

 

Exploitation in IT Industry

http://lifestyle.merinews.com/catFull.jsp?articleID=136158

 

The IT industry may seem inviting to students with innocent dreams in their eyes but the ones already engaged in it will tell you that the reality bites! Here’s a more elaborate view of IT industry, about the extortion of employees in here..

 

WE ALL are much aware of the Information Technology (IT) industry – its rewards, its intellect, the booming economy etc. But all we have seen is only one side of the coin or we can say merely the merits of the IT Industry. No one has given an insight into the demerits of this industry. This is also probably because software engineers have no time to write on this issue. I was lucky to get some hours to write about this, after facing long ’death rows’ of project deadlines. I think this is high time the government should step in to check the exploitation practiced by these software companies.

There is no rule at all to check the amount of work they take from their employees. Since the work is intangible, it never seems that the person has done enough for the day. The IT managers are trained to exploit the workforce. They will always give the task of four days to be completed in one day. They would do that despite knowing that the task is not feasible. But they don’t like the peace of mind or a momentarily smile on the faces of their arduous employees.

For us employees, it’s like hell working from nine to nine and even on weekends that too without being paid for this extra work. We don’t have unions in software companies, so this practice is not checked by any one. In most cases, the fresh engineers are exploited by their project managers. These poor guys coming from the colleges with dreams in their eyes are presented a different world. Majority of them are hired on foxing packages within the range of two to four lakh per annum. For example, a fresher will get Rs 17,000 per month and his manager will get Rs 1,50,000 per month – isn’t this ironical! So I think someone should wake up and put up a Public Interest Litigation (PIL) against this unethical practices performed by the IT companies.

I think we all should agree that there should be personal life of employees beyond work. This practice is already obliterated in the European countries after the directives given by their governments. I hope there will be a day when IT employees will go to the office with a smile knowing they can come home when the time-out siren will ring!

CJ: aks ,  22 Jun 2008  

http://lifestyle.merinews.com

Daily Legal News for 31.07.2008

US House passes first bill to regulate tobacco
http://timesofindia.indiatimes.com/World/USA/US_House_passes_first_bill_to_regulate_tobacco/articleshow/3309099.cms

WASHINGTON: The House of Representatives overwhelmingly passed legislation that for the first time would subject the tobacco industry to regulation by federal health authorities whose job is to promote public well-being. Its backers call the Family Smoking Prevention and Tobacco Control Act landmark legislation. While the bill appears to have enough support to pass this year, it is unclear whether the Senate will have time to act, and the Bush administration said yesterday that President George W Bush would veto the bill. The 326-102 House vote signalled solid bipartisan support for the measure, with 96 Republicans breaking with Bush’s position to vote in favour of the bill. Both presidential candidates, Sens John McCain, a Republican, and Democrat Barack Obama support the legislation. Democratic Rep Henry Waxman worked for more than a decade to get the House to pass tobacco regulation. “This is truly a historic day in the fight against tobacco,” Waxman said. “But it took us far too long to get here.” The bill would tighten restrictions further on tobacco advertising and impose new federal penalties for selling to minors. Its most far-reaching provisions would give the Food and Drug Administration power to regulate tobacco, from cigarettes to new kinds of smokeless products. While the agency could not outlaw tobacco or nicotine, it could demand the reduction or elimination of cancer-causing chemicals in cigarette smoke. The bill would prohibit candy flavoured cigars and cigarettes, and would give the FDA authority to ban menthol by far the flavouring most commonly added to cigarettes.
31 Jul 2008, 1002 hrs IST,AP
http://timesofindia.indiatimes.com/

Influx blamed for blasts
– AASU links violence with Assam’s migrant problem
http://www.telegraphindia.com/1080731/jsp/northeast/story_9624005.jsp

Guwahati, July 30: The AASU today warned both Delhi and Dispur that the serial blasts that rocked Bangalore and Ahmedabad could have its origins in Assam.
The students union, armed with two recent rulings of Gauhati High Court on identification and deportation of illegal Bangladeshis, said Assam has emerged as an important corridor for fundamentalist and extremist forces behind the serial blasts that shook Bangalore and Ahmedabad last week.
AASU top brass Shankar Prasad Ray and Tapan Gogoi, along with AASU adviser Samujjal Bhattacharyya, said the court rulings have only vindicated the student union’s oft-repeated stand that illegal Bangladeshis entering the state are a threat to the nation’s integrity and unity.
“The government, both at the Centre and the state, should be ashamed of the court’s observations. They have exposed the failings of the governments to rein in influx. Those detected simply vanish and they are all a threat to the nation.
“We have very strong reasons to believe that the blasts in Ahmedabad and Bangalore are the handiwork of those who entered the state through Bangladesh and disappeared into thin air. They are a threat not only to the state but also to the nation. If the governments do not act even now, we will not sit idle,” Bhattacharyya said, reiterating the AASU’s demand to set up detention camps to prevent migrants, both suspected and identified ones, from disappearing. .
Ray and Gogoi, asserting that they would continue to raise their voices against influx, said a meeting of the students’ union to be held sometime today would decide the future course of action.
“The observations of the court reflect the failure of the government to act against these Bangladeshis who are crucial to the vote bank politics of all political parties, whether it is the Congress or the BJP or AGP,” Bhattacharyya said.
The high court ruling came in two similar cases in which the petitioners, declared foreigners by tribunals, had moved court.
Justice B.K. Sharma, while disposing of the writ petition filed by Md Abdul Hasim, had observed, “This writ makes shocking revelations as to how a foreign national (Bangladeshi) taking recourse to falsity, forgery and manipulation has been living in Assam, India, for years together.”
Thursday , July 31 , 2008
A STAFF REPORTER
http://www.telegraphindia.com/

HC judgement on migrants Wake up call for Govt: AASU

http://www.assamtribune.com/scripts/details.asp?id=jul3108/at01

GUWAHATI, July 30 – The All Assam Students Union today, while appreciating the recent judgement of the Gauhati High Court on illegal Bangladeshi migrants, said that is a warning call for the State and Union Governments to take strong action against Bangladeshi nationals who have “illegally entered Assam, and have become kingmakers in their own right.”Going for the jugular the AASU top brass at a press conference stated that neither the State Government nor the Union Government could shy away from their responsibility to protect Assam and the country from “the external aggression and internal disturbance brought about by influx from Bangladesh.”The students’ body was of the belief that the recent judgement on illegal migrants and their nefarious activities revealed that the AASU was right in highlighting the presence of illegal Bangladeshi migrants and government inaction to identify and deport them.Stating that the presence of Bangladeshi nationals and their continuing influx had threatened the indigenous population of Assam and her neighbouring regions, the AASU claimed that the State at present was devoid of any political leadership, otherwise things would not have come to such a pass. The role of the Congress party, the Left parties and AGP also attracted the AASU’s wrath, because none of them was reported to have been keen on a process to identify and deport illegal migrants coming in from Bangladesh. Their apathy towards the issue of illegal migrants, according to the AASU, was due to the fact that all of them perceived illegal migrants as vote banks, which they could not ignore.Speaking on the occasion, AASU president Shankar Prasad Ray said that the way illegal migrants could operate in Assam showed “the hollow nature” of the Congress party and others who were in the reign of power for a long time. Despite efforts by AASU, the Union and State Governments have yet to act in a manner to stop infiltration from across the border. He urged both the governments to implement the Assam Accord in letter and spirit. AASU general secretary, Tapan Kumar Gogoi, referring to the Gauhati High Court judgement said that it was tragic how Bangladeshi nationals could aspire for public office in Assam. It was only in a place like Assam that a foreign national could contest elections, all because of the failure of the government and the political parties, he added. Samujjal Bhattacharya, AASU adviser, lambasted the State and Union Governments and said that the political leadership should be especially ashamed after the High Court came out with its judgement. Asserting that the State Government and its various officials should now start identifying and arresting illegal migrants, he said that those arrested should be put in detention camps, before they were deported back. Saying that after the Supreme Court order to repeal the IMDT Act, the onus was on suspected Bangladeshis to prove their citizenship, Bhattacharya pointed out that in the present scenario a large number of Bangladeshis have taken recourse to illegal and devious means to do just that. The AASU adviser strongly criticised Chief Minister Tarun Gogoi and Prime Minister Manmohan Singh for their silence on an issue that was vital to the State as well as to the country. He and other AASU leaders warned that they would not rest till the Union and State Governments acted tough on Bangladeshi migrants, and would from now onwards keep a watch how the State Government acted on the directives issued by the Gauhati High Court.
By A Staff Reporter
http://www.assamtribune.com/

Punjab and Haryana HC issues notice to Home Ministry to release Foreign prisoners

http://www.indlawnews.com/newsdisplay.aspx?ba59d809-f8dc-4c0a-bda4-8db88f36af9c

The Punjab and Haryana High Court issued notices to Union Home Ministry, the External Affairs Ministry, among others, for September 8 on a PIL seeking directions for immediate release and also repatriation of 51 prisoners of foreign origin lodged at the Amritsar Central Jail as they had all completed their sentences.The notices were issued by a Division Bench of Chief Justice Vijender Jain and Justice Mahesh Grover while hearing the PIL filed by Amritsar based advocate Ajay Kumar Virmani.Mr Virmani had secured this information from authorities concerned under the Right to Information Act. A majority of these prisoners were from Pakistan, Afghanistan and Bangladesh, who were apprehended mainly for offences under the Indian Passport Act. UNI
7/30/2008
http://www.indlawnews.com/

Flying squads to book erring auto driver, NCT tells HC
http://www.zeenews.com/articles.asp?aid=459079&sid=REG

New Delhi, July 30: Commuters who are often harassed by erring auto drivers in the Capital can look forward to instant help on road from flying squads when they are caught in an awkward situation in places like railway stations, Dilli Haat or AIIMS. The NCT government today informed the Delhi High Court that flying squads of traffic police have been deployed at various places to monitor and book erring auto drivers. Appearing for the Traffic police and State Transport Authority, counsel Jyoti Singh told the Bench headed by Chief Justice A P Shah that since July 17 the flying squads have been deployed in places like AIIMS, Dilli Haat, Bhikaji Kama Place and railway stations. The bench was hearing a PIL filed by Harsh Agrawal seeking direction to the government to put in place proper mechanism to solve the problems allegedly arising due to monopoly of auto drivers in the city. Submitting the suggestions of traffic police to the court, Singh stated that if the auto driver was found to be erratic and misbehave with the public, his auto could be impounded and a fine of Rs 5,00 could be imposed on him. As per the existing law, the auto driver is to be challaned for Rs 100 only, she added. Following the lawyer’s submission the court said it would go through all suggestions of the government and pass an appropriate order. In the PIL, petitioner contended that commuters had to face problems because auto-drivers demanded fares more than fixed by the government. Earlier, the court had pulled up the government for not being able to bring to book the erring drivers and said “is there a total lawlessness in the city.” The Transport department contended that they were not able to catch the erring drivers as the addressed given by them were normally fake. Bureau Report
http://www.zeenews.com/

Fleecing autos face Rs 5K fine
http://timesofindia.indiatimes.com/Delhi/Fleecing_autos_face_Rs_5K_fine/articleshow/3307948.cms

NEW DELHI: It seems that finally traffic cops are getting their act together to rein in rogue auto drivers. As most autorickshaw drivers in the city continue with their fleecing ways even after a hike in the tariffs, the traffic police is preparing a slew of punitive measures aimed at those who misbehave with commuters and refuse to ply by meter. On Wednesday, the traffic police informed the Delhi High Court that a steep fine of Rs 5,000, flying squads for random checks, CCTV cameras at pre-paid booths and a traffic helpline are among the number of measures it is planning to make auto drivers fall in line. Informing HC that some of these steps had already been implemented and some were awaiting clearance by the government, traffic police claimed situation would improve soon for commuters. A bench headed by chief justice A P Shah, after going through the status report and proposed plan of action by the traffic department, decided to dispose off a PIL pending before it. HC said it was satisfied with what the department had in mind and hoped citizens wouldn’t be overcharged now by auto drivers. Appearing on behalf of the government, advocate Jyoti Singh said traffic cops are offering prepaid services at booths to aid commuters. ‘‘At present this service is being offered at 28 pre-paid booths at prominent places where personnel are present with complaint cards. If a commuter has a complaint with respect to refusal, overcharging or misbehaviour, he/she can lodge the same with the personnel present at the booth. There is also a proposal to install CCTV cameras at pre-paid booths,’’ the lawyer said. Singh added the traffic police have started a helpline at 011-23010101. Commuters can also SMS at 56767 to lodge a complaint against errant auto drivers. On receiving complaints, the cops will issue a show cause notice to the permit holders asking why their permits shouldn’t be cancelled. Auto drivers who misbehave or overcharge are likely to be asked to pay Rs 5,000 fine if traffic department’s proposal gets sanctioned and an amendment is made in the Motor Vehicle Act, revealed an affidavit submitted by the traffic department in the HC. But the HC has recommended a “rational” fine of Rs 500. abhinav.garg@timesgroup.com 31 Jul 2008, 0114 hrs IST, Abhinav Garg ,TNN
http://timesofindia.indiatimes.com/

Spirited PIL seeking more booze vends gets HC rebuff

http://timesofindia.indiatimes.com/Delhi/Spirited_PIL_seeking_more_booze_vends_gets_HC_rebuff/articleshow/3307945.cms

NEW DELHI: A PIL demanding opening of more liquor vends in the Capital stumped the Delhi High Court on Wednesday. ‘‘A welfare state is duty-bound to provide authorized liquor to its citizens,’’ said the PIL which left chief justice A P Shah and justice S Muralidhar fuming. ‘‘What kind of a petition is this? Give more and more liquor to citizens? This is a sponsored PIL from the liquor mafia,’’ thundered the bench. Even as the lawyer, who appeared to argue the PIL, struggled to defend the demands — claiming the PIL actually sought closure of unauthorized liquor shops and opening of more authorized ones — lawyers and litigants who were awaiting their turn inside the courtroom had a hard time supressing their laughter. ‘‘How can you say a welfare state is duty-bound to provide more liquor to its citizens? Just read what prayers are made in your PIL,’’ chief justice Shah observed, rebuking the lawyer for daring to come to court with such a petition. ‘‘We know who is behind this PIL,’’ he remarked. The PIL drew the bench’s ire because it draped its demands as a constitutional right, arguing that politicians were forcibly closing down liquor shops, jeopardising the livelihoods of many. It said, therefore, it was important the state should ‘‘give more and more liquor’’ to its citizens by opening authorized liquor vends. Arguing the State must open more shops, the lawyer — under fire from the bench — tried to put up a brave face and claimed his PIL, in fact, was of public interest because it sought illicit liquor trade and illegal sale to be banned. Sale of liquor from vends authorized by the government will reduce illegalities associated with this trade, the advocate argued, only to see his contention trashed by the two judges. abhinav.garg@timesgroup.com
31 Jul 2008, 0112 hrs IST, Abhinav Garg,TNN
http://timesofindia.indiatimes.com/

AIIMS-Patna blueprint inspected by experts
http://timesofindia.indiatimes.com/Cities/Patna/AIIMS-Patna_blueprint_inspected_by_experts/articleshow/3308193.cms

PATNA: The Post Graduate Institute of Medical Education and Research, Chandigarh has evaluated the architectural design of the proposed Jaya Prakash Narayan All India Institute of Medical Sciences, Patna, to ensure its functional efficiency. The Patna High Court was apprised of this through a counter affidavit of the Central government to a PIL filed by Council for Protection of Public Rights and Welfare. There is a “Green Building Concept” for the hospital building which is to be constructed on the land provided to the Central government at Phulwarisharif. The Bureau of Energy Efficiency is providing the expertise in Energy Conservation and Building Codes compliance. The detailed project report (DPR) would be ready by August, 2008. The Hospitech Management consultant has been consulted to design the DPR for the medical college and hospital, the counter affidavit said.
31 Jul 2008, 0330 hrs IST
http://timesofindia.indiatimes.com/

APPSC moves SC against quota in Group-I Mains

http://timesofindia.indiatimes.com/Hyderabad/APPSC_moves_SC_against_quota_in_Group-I_Mains_/articleshow/3304703.cms

HYDERABAD: The Andhra Pradesh Public Service Commission (APPSC) on Tuesday moved the Supreme Court seeking stay on the recent High Court judgment favouring implementation of reservations while selecting candidates for Mains in the Group-I examination. Addressing a press meet, APPSC chairman Dr Y Venkatarami Reddy said, “We are going to place all the three judgments before the Supreme Court along with practices followed by other states. We are working to find a solution to a problem which has been persisting for the last 24 years.” While the earlier two judgments did not favour reservations at the preliminary stage, the High Court on July 23 supported the quota. He said that the judgments given by the court in 1984, 2004 and 2007 were contradictory to the latest order. The petition was filed based on the advice of advocate-general C V Mohan Reddy. On the issue of cancellation of Group-I Mains exam to be held on August 7, the APPSC chairman said that it would be known only by Friday or Monday . “As per GO 570, there is no reservations for Prelims to Mains. A ratio of 1:50 was being followed based on which recruitments were done thrice in 1984, 1995 and 2004. It is a legal problem, but people are politicising the issue,” he added. On Tuesday, nearly 50 activists of the Democratic Youth Federation of India (DYFI) staged a dharna in front of the APPSC office demanding implementation of reservations. As of now, there are 196 Group-I vacancies, including 86 reserved posts, but the APPSC had short-listed 9,800 aspirants in the order of merit.
30 Jul 2008, 0952 hrs IST,TNN
http://timesofindia.indiatimes.com/

HDFC Bank moves SC over crucial insolvency laws
http://economictimes.indiatimes.com/News_by_Industry/HDFC_moves_SC_over_insolvency_laws/articleshow/3307200.cms

NEW DELHI: The Supreme Court will decide whether banks can initiate insolvency proceedings while recovering dues from individual defaulters as private sector lender HDFC Bank has sought the apex court’s intervention in this regard.
The decision will have far reaching ramifications as it would expedite the loan recovery process. HDFC Bank has challenged the Bombay High Court judgement in a debt recovery case in which it was held that an insolvency notice cannot be issued on the basis of a recovery certificate issued by a Debt Recovery Tribunal. The case relates to recovery of Rs 29 crore from Kishore K Mehta of Lilavati Hospital in Mumbai. The insolvency proceedings against individual defaulters are similar to winding up procedures against companies. In both the cases, the court-appointed receivers take charge of the assets and auction the same to recover dues. The apex court bench headed by Justice S H Kapadia has issued notice to Mehta and had earlier stayed the High Court ruling which dismissed the HDFC Bank’s appeal.
30 Jul, 2008, 1907 hrs IST, PTI
http://economictimes.indiatimes.com/

Freedom-fighter takes pension battle to SC
http://timesofindia.indiatimes.com/Delhi/Freedom-fighter_takes_pension_battle_to_SC/articleshow/3154940.cms

NEW DELHI: At 13 he waged a war against the British and now septuagenarian freedom fighter Suresh Prakash Agarwal is fighting a long battle for the release of his pension. After failing to get relief from the Central and UP government, the 75-year-old man living in an old age home has finally knocked the doors of the SC which had recently sent notices to the Centre and the UP government asking them for an explanation. He was awarded a year-long rigorous imprisonment for bomb ing at the office of District Collector, Pilibhit in Uttar Pradesh in 1946. He served in Central jail, Bareilly till June 1947. like Satish Chandra who was a Union Deputy Minister in the Nehru government. Freedom fighters are entitled to two pensions — one from the Centre and the other from the state government. “I was issued a freedom fighter’s certificate by the Pilibhit District Magistrate in 1956 after which I applied for freedom fighter pension,” says Agarwal. Decades later, Agarwal, an MSc in Physics, went to the Supreme Court and filed a writ petition for the speedy grant of his pension.
23 Jun 2008, 0435 hrs IST,PTI
http://timesofindia.indiatimes.com/

HC slams relief for firm accused of fraud
http://timesofindia.indiatimes.com/Delhi/HC_slams_relief_for_firm_accused_of_fraud/articleshow/3154890. cms

NEW DELHI: Delhi High Court has severely criticised the Debt Recovery Appellate Tribunal for granting a stay against debt recovery to a business firm accused of defrauding a public sector bank of nearly Rs 40 crores. Setting aside the stay order recently, a division bench of justice Mukul Mudgal and justice V K Shali wondered how the DRAT could restrain the bank from seeking recovery of dues from a man who allegedly took credit from the bank and then defaulted, forcing the bank to also lodge an FIR with the Economic Offences Wing of Delhi Police. Interestingly, DRAT is also presided over by a high court judge as it sits in appeal on debt recovery cases. “The finding arrived at by the tribunal is totally arbitrary and unreasonable which no reasonable person would arrive at,” HC observed in a strongly worded judgement, even as it asked the defaulter firm to cough up Rs 30,000 immediately to Jammu & Kashmir Bank which calculated a total liability of Rs 52 crore against the firm, including interest. The bank, through its lawyer Tanveer Ahmed Mir, had moved HC after DRAT barred it from taking possession of a Safdarjung Enclave property belonging to the firm. This firm, in the meanwhile, leased out this property to another firm which, as HC found out, was actually owned by the same person. Placing documents before the bench, Tanveer argued that the tenancy was a sham transaction to obstruct recovery of the loan amount by the bank. HC saw through the sham and lashed out at DRAT for “perpetrating the gross illegality in favour of the borrower firm.” HC also took umbrage at the fact that DRAT “instead of arriving at a just and fair conclusion” posed irrelevant questions related to total area of the Safdarjung property, carpet area, rent etc in order to justify granting of stay to the firm. “In our view these questions have absolutely no relevance to the transaction and defeat the ends of justice… this will lay a ground for borrower as well as tenant to ensure property possession is not recovered from them,” the two HC judges noted while trashing the DRAT order. abhinav.garg@timesgroup.com
23 Jun 2008, 0353 hrs IST, Abhinav Garg,TNN
http://timesofindia.indiatimes.com/

Embarrassed Assam Police move HC to keep prized prisoners

http://www.indlawnews.com/Newsdisplay.aspx?a4bc00ea-3c59-4d14-b4ae-114ca1c36f82
The Assam Police are moving the High Court to keep its most prized catch till date in judicial custody after a lower court released four top ISI operatives, citing of lack of evidence.”I am hundred per cent sure that they are senior ISI operatives.We had some laxity in investigation. But they were prized catch, ” said Assam Additional Director General Police (ADGP) G M Srivasatava.The Assam Police has completed the legal framework to approach the Guwahati High Court to keep the four ISI operatives in custody.Assam Police had, in August 1999, arrested four persons namely Quari Salim Ahmed alias Abdul Aziz, Md Javed Waqqar alias Mustaffa alias Md Mahraj of Muzaffarnagar (UP), Md Akram Malik of J&K and Hamid Mohammad of Pakistan Guwahati and as many as three cases were registered in this connection.For years, the Assam Police took pride in the achievement and was it billed as the biggest success in the counter insurgency operations.But the Additional District & Session Judge Court recently, during the trial acquitted all the convicts for want of any concrete evidence.”They could not produce any hard evidence. They are innocent, ” said their lawyer Nekibur Zaman.Several legal experts, however, are of the opinion that the Assam police, which have failed to gather enough clues against the convicts, would do well not to pursue the case and investigators bungled during the investigation.The police high ups are red faced and launched an internal inquiry how this could happen when the police had claimed serious prima facie evidence against all of them when they were arrested nine years back.The All Assam Students Union (AASU) blamed the state police for the bungling saying the police never took the case seriously after the initial limelight and as a result the four ISI operatives could walk free.UNI
6/22/2008
http://www.indlawnews.com/

Maya moves SC against Sahara
http://www.dnaindia.com/report.asp?newsid=1172498

NEW DELHI: The Uttar Pradesh (UP) government moved the supreme court (SC) on Friday against a high court (HC) order stopping the demolition of Sahara Sahar, a commercial complex in Lucknow owned by chief minister Mayawati’s bete noire Mulayam Singh’s friend Subroto Roy.
The apex court refused to stay the HC order but agreed to hear the government plea next week.
The high court had stalled the midnight demolition by Lucknow Development Authority (LDA) on Thursday on Sahara’s plea.
This is the second time in a fortnight that the HC order on Sahara has been challenged in the supreme court.
LDA denied Sahara’s allegation that it was not served a notice before. Defending the demolition, it said the entire construction on the 270 acres of Sahara Shahar was illegal and done without getting the building plan approved from a competent authority.
“On June 13, two representatives of Sahara admitted before the LDA vice-chairman encroaching upon the 30-metre-wide road provided in the master plan,” LDA claimed. It said Sahara was repeatedly warned to remove the encroachment. Sahara’s counsel, however, said LDA had demolished boundary walls, a watchtower, an auditorium, portion of a hospital and the approach to Jal Mahal to extend Mayawati’s pet project Ambedkar Park.
b_rakesh@dnaindia.net
Rakesh Bhatnagar
Saturday, June 21, 2008 03:01 IST
http://www.dnaindia.com/

Give land back to Sahara group: HC to Mayawati http://economictimes.indiatimes.com/News/PoliticsNation/Give_land_back_to_Sahara_group_HC_to_Mayawati/articleshow/3148651.cms

Lucknow: It’s been a season of close shaves for the Sahara group. First, it won a reprieve from the RBI that had disallowed Sahara India Financial Corporation Ltd (SIFCL) from accepting fresh deposits from investors and then rescinded that order. On Thursday, the Allahabad high court pulled up the Lucknow Development Authority (LDA) for ordering demolition of large portions of Sahara Shahar and ordered the Mayawati’s government to restore the possession of the land to Sahara group. While LDA standing counsel P N Gupta said the civic body will file a special leave petition in the Supreme Court against the order, the Lucknow bench of Allahabad HC’s censure is pretty strong. Describing Wednesday night’s demolition job at Sahara Shahar as a “blatant abuse of power by LDA officials”, the court said the group could make necessary constructions on the said land to safeguard its property. However, it added a caveat saying any construction by Sahara would be subject to final outcome of the regular suits against it pending in local civil courts. Without any prior notice, LDA bulldozed the Sahara property to clear alleged encroachment on a zonal road that is part of Lucknow’s Master Plan. The exercise took place in presence of heavy security armed with tear gas and in riot control gear. Onlookers were cleared out from the vicinity. 20 Jun, 2008, 1445 hrs IST, TNN
http://economictimes.indiatimes.com/

Contempt provisions do not target media’
http://www.hindu.com/2008/06/22/stories/2008062255731000.htm
KOCHI: The contempt of court provisions are used to uphold the majesty of courts and not to terrorise the media, Chief Justice of India K.G. Balakrishnan said here on Saturday.
Inaugurating a workshop on reporting of court proceedings and administration of justice for legal correspondents and journalists, he said no one would implement court orders if these provisions were absent.
The National Legal Services Authority; the Kerala State Legal Services Authority; the Indian Law Institute; the Press Council of India; and the Editors’ Guild of India organised the workshop.
Mr. Balakrishnan called upon the media to exercise caution while reporting cases of rape and such others in which the names of victims should be undisclosed. While reporting, care should be taken not to affect a fair trial. The media should use discretion while reporting court proceedings and need not publish all the comments of judges.
On sensationalism, Mr. Balakrishnan said some element of it should be there in reporting because, otherwise, news reports would read like gazette notifications. But reporting should be done with a sense of social responsibility and caution.
Reacting to a discussion in a session, Mr. Balakrishnan ruled out political interferences in the appointment of judges.
Trial by media
In his keynote address, G.N. Ray, Chairman of the Press Council, said India’s media scene had witnessed a shift in functioning with the emergence of the electronic media. The media doing pre-investigation of cases before authorities such as the police started their investigation caused concern. Mr. Ray stressed the need to focus on unbiased reporting.
Arijit Pasayat, Supreme Court judge and Chairman of the Supreme Court Legal Services Committee, presided. H.L. Dattu, Chief Justice of Kerala High Court, welcomed the gathering.
S.R. Sakthidharan, Chairman, Kerala Press Academy, made the introductory address. C.P. Sudhakara Prasad, Advocate-General, gave a special address. J.B. Koshy, Kerala High Court judge and Executive Chairman of the Kerala State legal Services Authority, proposed a vote of thanks.
Staff Reporter
Sunday, Jun 22, 2008
http://www.hindu.com/

Kerala has potential for industrialisation
http://economictimes.indiatimes.com/News/Economy/Kerala_has_potential_for_industrialisation/articleshow/3152374.cms

KOCHI: There is enough potential for the industrial development of kerala, a state blessed with many rivers, but not enough energy, Chief Justice of India, K G Balakrishnan, said here today. “We have sufficient water and the rivers that criss cross Kerala make the land fertile. But we do not have enough energy. If we have sufficient energy, Kerala would have achieved much more development. Speaking after inaugurating a function organised by the Kerala Chamber of Commerce and Industry (KCCI) to honour M A Yusuff Ali, Managing Director of EMKE Group,on being conferred the Padmashree award, he said Kerala has about 38 rivers which criss-cross the state, before merging with the Arabian sea. Pointing out that hundreds of inter-state river water dispute cases are still pending before various courts in the country, including the Apex Court, he said Kerala’s involvement in such disputes was very limited. Stating that running a business organisation was not a small thing as labour disputes are likely to crop up, he said Yusuff Ali has become a model for others, in serving people. He said labour disputes in Kerala had resulted in several industries moving to neighbouring states. Everyone, including politicians and KCCI could cooperate in taking the state ahead ahead in industrial development, he said. He also expressed the hope that several disputes could be settled through arbitration, with the joint effort of the Chamber, courts and advocates.
21 Jun, 2008, 2202 hrs IST, PTI
http://economictimes.indiatimes.com/

Karat wants quota in private institutes too
http://timesofindia.indiatimes.com/India/Karat_wants_quota_in_private_institutes_too/articleshow/3152686.cms

NEW DELHI: CPM general secretary Prakash Karat on Friday demanded reservation in private, aided educational institutions and deemed universities. Addressing a seminar on ‘SC Judgement on OBC Reservation and Aftermath’, Karat reiterated the Left stand that there should be a legislation to empower states to regulate the fee structure and admission process in higher educational institutions since education sector is witnessing increasing “commercialisation and racketeering”. Stating that the new law to enable states to regulate fee structure and admission process was a logical progression to the 93rd constitutional amendment, he said, ‘‘We have to have social control (in education sector). What we are seeing is increasing commercialisation and racketeering in the higher education sector. It is a necessary step (law to regulate educational institutions) to overcome the judgment in the T M A Pai case which guarantees entrepreneurial rights in the education sector.’’ After much protest and criticism, Karat said, the government has been able to implement reservation in central educational institutions. ‘‘The next step should be having reservation in private, aided and deemed universities,’’ he said. There would be a lot of opposition from within the ruling establishment and other political parties as a number of educational entrepreneurs are “MLAs, MPs and ministers”, he said.
22 Jun 2008, 0231 hrs IST,TNN
http://timesofindia.indiatimes.com/

High Court allows appeal on land acquisition
http://www.greaterkashmir.com/full_story.asp?Date=23_6_2008&ItemID=45&cat=21

Srinagar, June 22: In a land acquisition case, the High Court while allowing an appeal has set aside an order by a district court for compensation enhancement. It has directed the authorities to recover any amount paid on the basis of enhancement. In his judgment, Justice Bashir Ahmad Kirmani, observed that the court has not put forth any outstanding circumstances to justify the extra statutory increase in the amount of solatium payable in acquisition matters. “All these orders appear to create gaping holes which becomes freighting by creating a liability of more than Rs three crore on the state exchequer. This amount has to be ultimately borne out by the endangered species, the common man,” the judge observed. Proceedings were initiated for the acquisition of the land measuring 122 kanals and 13 marlas in Budgam by the collector of Power Development Department for construction of power grid station. The then collector had issued a notice for acquisition of the land measuring 264 kanals and 16 marlas for gas turbine in April 1989 which was later modified and restricted to 122 kanals and 13 marlas for construction of grid. The authority concerned had fixed a rate of Rs 55, 731 per kanal for the said land. However, the respondent had appealed before the collector concerned for enhancement of compensation, which was accordingly done by the authorities under order (No LA-PDD/MHPs/324-40) dated June 3, 1998. The judgment said the proceeding regarding the enhancement of the compensation was conducted in Budgam court. “The compensation was enhanced to Rs 2000 per kanal along with Rs 3, 44, 437 for fruit bearing trees and Rs 1,44000 for sheds amounting to Rs 1,0738437. A solatium of Rs 3221531 was added at the rate of 30 per cent along with interest rate of 12 percent per annum from the date of order till realization of the amount,” the judgment said. It said the orders were passed without holding the PDD as a party. “It burdens the state exchequer with a huge liability even when there was no need or ground for the enhancement.” The judge observed that the trial court has concluded that the approximate value of the land under reference was Rs two lakh per kanal at the relevant point of the time. It said considering the evidences and circumstances the orders suffers on three accounts. First, the proceedings against the superintending engineer, PDD, appear to have been “casually” ordered on the basis of unauthenticated receipts, which neither bears the office seal nor the name of the receiving person. Secondly, the trial court doesn’t appear to have properly appreciated the evidences in proper perspective led by respondent nor has it made any effort to secure other “Sharie” sale deeds for record to come to the conclusion regarding the sale prices of the land in question at the appropriate time. Thirdly, the rate of solatium has unusually been awarded at 30 per cent on the ground of appellants delayed payment of compensation to respondent till 1996. “The trial judge appears to have forgotten that the enhanced rate of solatium could only apply to the compensation paid at the original awarded rate and not the enhanced one which certainly was nowhere in being in 1996,” the judge observed. He said the rate of the interest on the compensation has been awarded at 12 percent per annum instead of the statutory percentage of six percent for first year and 10 percent thereafter in case of non-payment. “It creates a burden on state exchequer,” the judge observed. The judge said the reference court under section 18 of land acquisition act requires keeping in mind that while considering enhancement in compensation for acquired land they are performing an important function having implications at the public exchequer. “They are thus expected to act strictly within law and control the tendency of being Hatam Tais of their times,” the judge observed.
MUDDASIR ALI
http://www.greaterkashmir.com/

No garbage disposal: Gurgaon wallows in own filth
http://www.expressindia.com/latest-news/No-garbage-disposal-Gurgaon-wallows-in-own-filth/325857/

Gurgaon, June 21 Deputy Commissioner says all measures stop gap, city must wait two years for a treatment plant and solution
One person generates around 300 to 400 grams of biodegradable waste ever day. At this rate, Gurgaon, with a population of approximately 10 lakh people, generates 350 metric tonnes of waste every day. And this waste is either burnt in empty plots and parks across the city or finds its way to the Aravalli belt near DLF.
It’s all garbageGarbage tops the list as far as the many infrastructure problems of Gurgaon are concerned. The problem is so severe that various resident welfare associations (RWAs) of the city got together and filed a Public Interest Litigation (PIL) against the Haryana Urban Development Authority (HUDA) in the Punjab and Haryana High Court earlier this year. Efforts were made by administrative officers, following the PIL, as far as making provision for the dumping of garbage and controlling random disposal of waste in Gurgaon was concerned.Gurgaon Deputy Commissioner Rakesh Gupta was made the “nodal officer” for supervision of “proper and hygienic disposal of waste” by Justice Jaswant Singh of the High Court, following the last court hearing on May 14.The order also stated: “The court is dissatisfied with a report submitted by HUDA outlining their project to curtail unchecked garbage dumping.”
Executive actionA meeting was held in Gurgaon following the court hearing, wherein Gupta formed a committee of five members — two HUDA officials, one Municipal Corporation official and one other administrative staff member — that was put in charge of surveying the dumping area every fortnight. “I directed the officers to ensure that garbage is only thrown at the large Chakarpur village landfill, away from the main road, and that the dumping area is regularly sprayed with bacterial spray,” Gupta told Newsline. He also claimed that signboards had been put up along the road, instructing residents to not litter the area.Gupta said: “This is only a stop gap arrangement till the garbage treatment plant is ready. The plant will take care of all the garbage troubles of Gurgaon and generate power from waste.” The plant is almost two years from completion.
No objectionProgress is slow. Although, for all official purposes HUDA has acquired 30.5 acres to build the solid waste treatment plant, the No Objection Certificates (NOC) required for the plant are yet to be cleared. Till date, only the environment clearance has been received. The development authority applied for the clearances in October 2006.A senior HUDA official said: “The process is long and tedious. We face hurdles at every level… for one clearance an application has to go through a minimum of six channels.” The official said the clearances are now being processed, “because the High Court has intervened.”HUDA officials said all NOCs would be acquired latest by July 21, after which it will take another 18 months to construct the treatment plant. The plant is expected to generate one megawatt electricity per day from biodegradable waste collected across the suburb.Y S Gupta, a senior administrative official, said: “The plant will be built by a private company on a Build-Operate-Develop basis.” The private company will also be in charge of garbage collection, segregation and disposal.
Private contractorsBut till the plant is ready, there is no provision for the disposal of garbage in Gurgaon. Dharam Sagar, chairman of the Federation of Resident Welfare Associations, said: “The lack of infrastructure and manpower in the administrative departments of this city has forced most residents to hire private contractors for getting rid of their garbage.” Sagar is also among the litigants who filed the PIL in the High Court. He said that for the last seven years Sectors 4 and 7 have had their own garbage collector: “I am apprehensive about the Gurgaon administration’s ability to deal with issues. When we were collecting garbage, it cost us Rs 70,000. But in the last two months that HUDA has taken over, it has paid Rs 1,80,000 for the same purpose to another contractor.”
No Garbage collectionHUDA has no provision for garbage collection or disposal in its Sectors. “The city barely has enough garbage trucks and dustbins… in the new sectors, if you notice, there is no provision for disposal of garbage,” V K Rao, president of an RWA in Sector 45, said. He said private garbage collectors, hired by residents, collect garbage from each doorstep and go and dump it in the nearest big pile. “I know it is not the best option but when there are no garbage bins or trucks provided by the administration, where are we supposed to throw the waste?” Rao asked.
No relief for DLFThe residents of DLF, meanwhile, have had no respite. “The main reason for us filing the PIL was to ensure that the existing piles of waste are removed from our houses and some proper provision is made to deal with the garbage. The authorities have, it however seems, found more reasons to delay action regarding this problem,” Shalini Wig Wadhwa, DLF RWA member, said. “To help with waste disposal, we have hired an NGO that segregates the biodegradable waste, turns it into manure and throws the rest at the landfill,” she said.
Posted online: Sunday , June 22, 2008 at 10:23:19Updated: Sunday , June 22, 2008 at 10:23:19
MOYNA
http://www.expressindia.com/

Exploitation in IT Industry
http://lifestyle.merinews.com/catFull.jsp?articleID=136158

The IT industry may seem inviting to students with innocent dreams in their eyes but the ones already engaged in it will tell you that the reality bites! Here’s a more elaborate view of IT industry, about the extortion of employees in here..

WE ALL are much aware of the Information Technology (IT) industry – its rewards, its intellect, the booming economy etc. But all we have seen is only one side of the coin or we can say merely the merits of the IT Industry. No one has given an insight into the demerits of this industry. This is also probably because software engineers have no time to write on this issue. I was lucky to get some hours to write about this, after facing long ’death rows’ of project deadlines. I think this is high time the government should step in to check the exploitation practiced by these software companies.
There is no rule at all to check the amount of work they take from their employees. Since the work is intangible, it never seems that the person has done enough for the day. The IT managers are trained to exploit the workforce. They will always give the task of four days to be completed in one day. They would do that despite knowing that the task is not feasible. But they don’t like the peace of mind or a momentarily smile on the faces of their arduous employees.
For us employees, it’s like hell working from nine to nine and even on weekends that too without being paid for this extra work. We don’t have unions in software companies, so this practice is not checked by any one. In most cases, the fresh engineers are exploited by their project managers. These poor guys coming from the colleges with dreams in their eyes are presented a different world. Majority of them are hired on foxing packages within the range of two to four lakh per annum. For example, a fresher will get Rs 17,000 per month and his manager will get Rs 1,50,000 per month – isn’t this ironical! So I think someone should wake up and put up a Public Interest Litigation (PIL) against this unethical practices performed by the IT companies.
I think we all should agree that there should be personal life of employees beyond work. This practice is already obliterated in the European countries after the directives given by their governments. I hope there will be a day when IT employees will go to the office with a smile knowing they can come home when the time-out siren will ring!
CJ: aks , 22 Jun 2008
http://lifestyle.merinews.com/

Daily News for 30.07.08

Daily News for 30.07.08

Ponnai barrages annoy farmershttp://www.newindpress.com/NewsItems.asp?ID=IET20080620230101&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0
VELLORE: Even as a legal battle over the proposed construction of a reservoir across Palar river at Kuppam in Chittoor district continues to haunt both Tamil Nadu and Andhra Pradesh, another silent intervention on the same lines by Andhra Pradesh has emerged – this time from one of its tributaries, Ponnai. While measures are being taken to sort out the issue at different levels, the blatant attempt to block water from Ponnai has come as a shock to the locals here.Tamil Nadu had filed two cases while the PMK has filed a PIL at the Supreme court against the Kuppam project; the cases are pending.In the past six months or so, the AP Government had constructed a series of dykes barrages in the micro catchment areas across tributaries of Ponnai river. Farmers in Chittoor said that five dykes had been constructed across Chitteri stream at Velkur village near Chittoor, besides two to three dykes each across 12 streams in 15 villages nearby, to help recharge the ground water level in the locality.Jayarama Reddy, village head, said that the recent floods had helped in recharging over 500 irrigation wells in the region, thanks to the blockade.Octogenarian M M Basheer, a social activist fighting to save Palar said that the riparian rights of people of Tamil Nadu was being sabotaged by the Andhra Pradesh government.
Saturday June 21 2008 09:22 IST
V Narayana Murthi
http://www.newindpress.com
PIL for fresh probe into Netaji mystery
http://timesofindia.indiatimes.com/Cities/Fresh_PIL_on_Netajis_mysterious_death/articleshow/3150572.cms
KOLKATA: Calcutta High Court on Friday admitted a PIL seeking re-opening of the Mukherjee Commission which was set up to enquire into Netaji Subhas Chandra Bose’s disappearance. Petitioner Subhas Chandra Basu is seeking a fresh investigation to find out how Netaji died if he was not killed in the plane crash during the dying days of World War II. And if he indeed died in any other manner, then where, when and how did his end come, the PIL asks. The question that has mystified generations of Indians was not answered in the Mukherjee Commission’s report due to the absence of clinching evidence. A division bench of Chief Justice S S Nijjar and Justice P C Ghosh admitted the PIL and directed that the matter be heard after three weeks. There is already another writ petition challenging the Centre’s rejection of the Mukherjee Commission report pending before the bench. It was stated in the petition that the enquiry commission, headed by retired Supreme Court judge Monoj Mukherjee, was set up by the Centre on a Calcutta High Court order. The HC had directed that certain pertinent points about Netaji’s disappearance be enquired into. Some of these were: a) whether Netaji is dead or alive. b) If he is dead, whether he died in a plane crash. c) Whether the ashes in a Japanese temple are that of Netaji. d) Whether Netaji died in any other manner at any other place and, if so, when and how. e) If he is alive, details of his whereabouts. The Commission had placed its findings before the Centre in 2005. It stated that Netaji is dead – but he was not killed in a plane crash as rumoured. The report also stated that the ashes in a Japanese temple are not that of Netaji. The commission pointed out that in the absence of any clinching evidence it was impossible to say how he was killed or where and when. The latest PIL claims that the commission could not answer this mystery because the Centre did not cooperate with the investigation and withheld records relating to Netaji’s alleged death. The central agencies, from whom the commission sought certain documents, had refused to provide them on the ground that they were destroyed in 1972 in course of a ‘routine review’.
21 Jun 2008, 0419 hrs IST,TNN
http://timesofindia.indiatimes.com

RTI Writ pitition filed by Mahesh Panday Paryavaran Mitra in the Gujarat
http://indiarti.blogspot.com/2008/06/rti-writ-pitition-filed-by-mahesh.html

A non-government organization (NGO) has approached Gujarat High Court over the issue of proper interpretation of the government notification exempting certain departments from the responsibility of revealing information under the Right to Information Act, 2005. Through a writ petition, the NGO – Paryavaran Mitra has sought the courtt’s direction to concerned authorities to furnish information which can be made available to legislators or parliamentarians, to citizens too. The petitioner has claimed that the clause, which protects crime branch and home department from the purview of information laws, needs to be re-analyzed in a proper manner. The petition, moved through advocate Nimish Kapadia, has also sought appointment of more information commissioners along with establishment of five offices across Gujarat. Moreover, there is also a request to quash the circular dated November 14, 2005, which prohibits to reveal file notings. Paryavaran Mitra has requested the court to make 38 such amendments in the procedure of seeking information under the Act.Times News Network
Saturday, June 21, 2008
http://indiarti.blogspot.com

No political interference in appointing judges:CJI
http://timesofindia.indiatimes.com/India/No_political_interference_in_appointing_judgesCJI/articleshow/3151689.cms

KOCHI: Chief Justice of India K G Balakrishnan denied any political interference in the appointment of judges and said that they are appointed through the routine procedure. Balakrishnan was speaking at a session on ‘Freedom of press/media in reporting (print and electronic) use and abuse’. “No chief minister or politician has ever approached me for any appointment,” Balakrishnan said. Replying to a reference made by a speaker that there was political interference in the appointment of judges, the CJI said that appointments were made through the usual procedure. The final decision was taken after consulting other judges, he said. On acquittal in criminal cases, Justice Balakrishnan said the accused were sentenced or acquitted only on the basis of materials and evidence available on record.
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var RNS = RN.substring (2,11);
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21 Jun 2008, 1531 hrs IST,PTI
http://timesofindia.indiatimes.com

Contempt proceedings not to terrorise media: CJI
http://economictimes.indiatimes.com/PoliticsNation/Press_has_duty_to_keep_secrecy_CJI/articleshow/3151628.cms

KOCHI: Defending the contempt of court provisions, Chief Justice of India K G Balakrishnan on Saturday said they were not aimed at “terrorising” the media but asked the press to be cautious while reporting court proceedings, especially rape cases. However, he favoured an element of sensationalism to make news interesting. Contempt proceedings were to protect the ‘Majesty’ of courts. “If there is no contempt proceedings, none will implement the court orders,” he said in his inaugural address at a workshop on ‘Reporting of Court proceedings by Media and administration of justice for Legal correspondents and Journalists’. Urging the media to exercise caution while reporting court proceedings, he said caution was especially needed while reporting cases like rape wherein the names of the victim and her families should not be mentioned. “Press has a duty to keep secrecy”. Touching on the issue of media sensationalising some reports, he said sensationalism should be there, otherwise all news reports would read as Kerala gazette. “Only when there is sensationalism, people will read. But this exercise should be used with a tinge of responsibility,” he said. He also asked the media to exercise responsibility while reporting comments made by judges in open court. Discretion should be there on what to publish or telecast. Observing that judges can’t hear cases just like robots, he said “In India there is interaction between judges and lawyers and when they speak, we report.” That may not have any impact on pronouncements. “In India courts and lawyers argue and argue. It is not possible to control lawyers. So we pass comments,” he said.
21 Jun, 2008, 1458 hrs IST,
http://economictimes.indiatimes.com

Ensure supply of coals to Nalco: HChttp://www.newindpress.com/NewsItems.asp?ID=IEQ20080621183701&Page=Q&Title=Orissa&Topic=0

CUTTACK: High Court on Saturday took note of the acute coal shortage faced by Nalco due to the contractual drivers’ strike at Talcher coalfield and ordered Mahanadi Coalfields Limited (MCL) to ensure supply of at least 14,000 tonne of coal to it from Sunday.Considering the urgency of the situation, which has brought operations in the Navratna PSU to a grinding halt incurring losses to the tune of crores every day, Acting Chief Justice IM Quddusi took up the petition of Nalco Officers’ Association and directed the Government, particularly the Angul District Collector and SP to take all steps for enabling smooth movement of coal.Pressing the petition, counsel Subir Palit submitted that if immediate action was not taken, Nalco would be forced to shut down its potline from Sunday as the coal crisis had severely incapacitated its captive power plant. Once the potline, which melts alumina, production would come to an absolute standstill but worse, it would take months to revive the facility. The loss would run into thousands of crores.The petitioner stated that the company was managing with as low as 130 kilo ampere of power against the required 180 KA and could not sustain it any longer. The coal shortage has also resulted in shutdown of units, with three closed by Saturday.The petitioner has stated that disruption of coal supply should attract the provisions of ESMA as it had an impact on the entire population of the State as well as outside.While Justice Quddusi took up the matter at his residence and passed the order in presence of Asst. Solicitor General JK Mishra, he constituted the bench with Justice BN Mohapatra which would take up further hearing on June 27.
Sunday June 22 2008 04:58 IST
ENS
http://www.newindpress.com

HC sets aside MMC meet stay order
http://www.navhindtimes.com/articles.php?Story_ID=062243
VASCO — The High Court today set aside the stay order granted by the Administrative Tribunal of Goa at Panaji in view of the special meeting which was convened by the director of municipal administration (DMA) on June 23.
The fate of the MMC, chairperson, Mr Carlos Almeida and deputy chairperson, Ms Shanti Mandrekar is likely to be discussed on the floor of the House on June 23.
It may be recalled that the MMC, chairperson had challenged the order given by the director of municipal administration to pre-pone the special meeting of the council on June 23 despite of its earlier meeting date which was fixed on June 27.
The Administrative Tribunal of Goa at Panjim granted stay to the MMC, Chairperson, Mr Almeida and has stayed the meeting convened by the DMA on June 23.
Challenging the Administrative Tribunal order, Mr Chopdekar and Mr Gaonkar pointed out that the MMC, chairperson has not made party to the twelve councillors who had moved no confidence motion against him and also has said that the DMA’s order is not falling under the Administrative Tribunal jurisdiction and hence the order issued by the DMA cannot challenged in the Administrative Tribunal court.
The MMC, chairperson on the other hand has filed a caveat before the High Court stating that the special meeting of the council fixed on June 23 and 27 are illegal
Sunday, June 22, 2008
NT NETWORK
www.navhindtimes.com
SC looks for bank with ‘best rate’
http://timesofindia.indiatimes.com/India/SC_looks_for_bank_with_best_rate/articleshow/3152611.cms
NEW DELHI: With the scorching rate of inflation setting in a phase of diminishing returns on deposits, the Supreme Court is fervently looking for a nationalized bank that can give it the ‘best interest rate’ for the huge amounts deposited with it by the litigants as security. What has driven the Supreme Court to shoot off letters to all nationalized bank inviting them to virtually bid with the ‘best interest rate’ is the fact that over Rs 67 crore of security money deposited by litigants and kept in fixed deposits are maturing in June and July. Though the total money of Rs 67 crore came to be deposited in the apex court in eight cases, most of it – over Rs 62 crore – came from two cases involving Ten Sports’ cricket telecast rights row with Prasar Bharti, the manager of national network Doordarshan. A deputy registrar of the Supreme Court wrote to all nationalised banks on June 10 saying: “I am to inform you that the Supreme Court is depositing huge amount belonging to litigants in bank for the period as directed by the court.” “Deposits are made in the bank offering highest rate of interest for that period on the basis of interest rates offered for investment of different amounts for varying periods…”, the letter said informing them that a panel of banks had been drawn up in the past taking into account the rates offered by them. However, keeping in mind the cut in CRR rates by the RBI leading to fluctuating interest rates on term deposits, the official wanted fresh offers from the nationalised banks to revise the panel. “It is, therefore, requested to please supply latest rates of interest for various amounts and periods on standing basis urgently along with the net worth of the bank to enable the Registry to revise the panel,” it said. “Such banks which offer highest rate of interest will automatically be included in the panel,” the registry said. dhananjay.mahapatra@timesgroup.com
22 Jun 2008, 0156 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com
Guj Animal body to approach HC for release of three elephants
http://www.navhindtimes.com/articles.php?Story_ID=06223
VADODARA — Gujarat Prani Krurata Atkav Samiti, a council starving to prevent cruelty against animals, has decided to approach High Court against the priest of a temple who has three elephants as pet at Chhani on the outskirts of the city. Its president Mr Snehal Bhatt said that this “mahant” or priest of the temple does not have any licence for keeping the elephants. The “mahant” Ayedhyadasji of the temple said that these elephants are not used for any commercial purposes and he has been looking after them for the past several years. According to Mr Bhatt, the elephants fall under schedule category of animals which required to be released in the forest
Sunday, June 22, 2008
Mapusa Municipality to get cracking on garbage
http://www.navhindtimes.com/articles.php?Story_ID=073069
MAPUSA — Uncollected littered garbage along roads and overflowing bins may soon be a thing of the past in Mapusa, as keeping in view the High Court’s directive, the Mapusa Municipality will be launching its door to door garbage collection from August 1.
It may be recalled that just a fortnight back the High Court had passed an order directing all municipalities to segregate and dispose off garbage systematically.
In doing so the Court had by its ruling maintained that all municipalities should preferably have small treatment plants in each ward so that there is no major problem with regards to a garbage disposal site.
With this order all municipalities have been making serious attempts to tackle the garbage menace and Mapusa Municipality is aiming to go ‘bin less’ from August 15.
The work of collection of segregated soil waste in all 15 wards of Mapusa shall be taken up by the civic employees from August 1. The wet waste will be collected every day from all houses in all 15 wards.
After the commencement of door to door collection all the public garbage bins located on roads and streets shall be removed and therefore the municipal authorities have urged the public that once this is done no garbage or solid waste should be dumped on roads from August 15 so that the city is maintained clean and hygienic.
At present the Municipality is dumping its entire garbage produced on the Assagao Communidade land.
Though the Court had also in its earlier order maintained that each municipality should have its own garbage disposal site. A site at Cunchelim within the jurisdiction of Mapusa Municipality was favoured to be the ideal site for setting up of the garbage treatment plant.
However, the residents from Cunchelim have been stoutly opposing acquisition of this site for setting up of a treatment plant.
This has placed the Mapusa Municipality in a piquant situation as even on the other hand the Assagao Communidade had also filed a PIL against the Mapusa Municipality for dumping garbage in its land.
This issue was also hotly debated in the recently held council meeting with several councilors even alleging that establishments from coastal areas were bringing their garbage and dumping on the Assagao Communidade land. They were also of the view that action needed to be taken against these establishments so as to discourage them from dumping their garbage here.
With this development of initiating the process of door to door collection the Mapusa Municipality hopes to tide over the garbage crisis by making each one responsible for their own garbage.
Also, by setting up of treatment plants in each ward the larger question of availability of land for the entire Mapusa garbage would be solved
considerably.
Wednesday, July 30, 2008
NT NETWORK
www.navhindtimes.com
4 Madras High Court judges yet to get confirmation
http://www.hindu.com/2008/07/30/stories/2008073055351300.htm

Their tenure, ending on July 31, is likely to be extended
Apex court seized of issue of permanent vacancies
Keeping Damocles’ sword of confirmation hanging does not augur well for judiciary: AIBA
New Delhi: The confirmation of four additional judges of the Madras High Court — Justices K. Chandru, V. Ramasubramanian, S. Manikumar and A. Selvam —is pending with the government even as their tenure ends on July 31.
President Pratibha Patil, however, appointed Justice K. Venkataraman permanent judge, though he was also appointed additional judge for two years along with these four.
According to Law Ministry sources, the Supreme Court collegium of judges has recommended extension of tenure for them as additional judges. The President is likely to sign the warrant before July 31 extending their tenure.
It was pointed out that Justice Venkataraman was made permanent judge as there was only one vacancy of permanent judge post in the sanctioned strength of 49 judges.
Though the Madras High Court took the stand that there were three permanent vacancies, the Ministry has not accepted that position. The matter is receiving serious attention of the Supreme Court.
Meanwhile, the All-India Bar Association has urged Chief Justice of India K.G. Balakrishnan to take immediate steps to make the four additional judges permanent judges.
In a statement, Chairman and Vice-Chairman Adish Aggarwala and S. Prabhakaran said “keeping the Damocles’ sword of confirmation of additional judges hanging till the last minute does not augur well for the judiciary. The process of confirmation must be completed well in advance before the end of their term.”
The AIBA wanted the CJI to take up the matter with the Union government to ensure that the process as contemplated in the Memorandum of Procedure for appointment of judges was complied with in letter and in spirit.
Wednesday, Jul 30, 2008
Legal Correspondent
www.hindu.com

Sethu is not national monument: Centre
http://economictimes.indiatimes.com/News/PoliticsNation/Sethu_is_not_national_monument_Centre/articleshow/3303999.cms

NEW DELHI: The Centre on Tuesday told the Supreme Court that Ram Sethu does not fulfil the criteria to be declared as a national monument. It is the absolute prerogative of the government to declare Sethu as a national heritage and cannot be directed to do so, Centre’s counsel Fali S Nariman told the apex court. “As far as we are concerned, the stand of the government is very clear. Ram Sethu does not fulfil the criteria to be declared a national monument,” senior counsel Fali S Nariman appearing for Centre told a three-judge bench headed by Chief Justice K G Balakrishnan. There is no change in government’s stand on the issue. It has already been said in Parliament, said Mr Nariman. In the Rajya Sabha, the government in reply to the questions of Janata Party president Subramanian Swamy had said that Ram Sethu does not fulfil the criteria to be declared as a national monument, pointed out Mr Nariman. This was, however, countered by petitioner Swamy who said that it was said so in the Upper House prior to the filing of petition in the apex court. Mr Nariman also relied on the government’s controversial affidavit which had questioned the existence of Lord Ram but later withdrawn in face of saffron brigade opposition to it. He said that only certain parts were withdrawn and not the whole affidavit. This was again countered by Swamy. How can the government rely on the same affidavit which was withdrawn,” he said. Mr Nariman goes on to say that the power to declare Ram Sethu as a national monument lies only with the government. There is no provision which mandates the court to direct the government to declare Ram Sethu as a national monument, said Mr Nariman opposing the petitions seeking direction to centre to declare the revered structure as a monument of national heritage. Under the existing law, a large number of sites have been declared as a monument of national importance. But there is no guideline on the issue. What is of national importance, it is the absolute discretion of the government to judge, said Mr Nariman. The executive and legislative power to declare any site as a national monument has been delegated to the government. So the court has no jurisdiction to issue direction to the government to declare Ram Sethu as a national monument, submitted Mr Nariman. Mr Nariman further raised the issue of the Right to worship Ram Sethu. There are two views on the matter. Citing the verses from the ninth century Tamil version of Ramayan, Mr Nariman said that lord Ram himself destroyed the revered Bridge.
30 Jul, 2008, 0433 hrs IST, ET Bureau
http://economictimes.indiatimes.com

Prime Minister to decide on Sethusamudram project alignment
http://www.hindu.com/2008/07/30/stories/2008073055331300.htm

Union Government will consider seriously Chief Justice of India’s suggestion on alternative, says counsel Fali Nariman
New Delhi: Prime Minister Manmohan Singh is to take a decision on the feasibility, or otherwise, of an alternative alignment for implementing the Sethusamudram Shipping Channel Project, Fali Nariman, senior counsel for the Centre, told the Supreme Court on Tuesday.
He was responding to a suggestion made by Chief Justice K.G. Balakrishnan, who said on July 23: “Why can’t you consider Alignment No. 4 with a little deviation from the Dhanuskodi point and you can avoid this bridge [Ramar Sethu]. The area is also away from the biopark.”
When Janata Party president Subramanian Swamy, one of the petitioners, sought to know the government stand on this suggestion, Mr. Nariman said: “I had taken up the matter with the Prime Minister. I told him if there is an alternative alignment, why should we hurt people’s sentiments. We know it hurts people’s sentiments. We are attempting to do something. It [the CJI’s suggestion] is going to be taken up by the government seriously. I will respond to you once I get instructions by tomorrow [Wednesday].”
As for the plea decare Ramar Sethu a national monument, Mr. Nariman said, it did not fulfil the criteria. “We are clear in our stand that Ramar Sethu cannot be declared a national monument,” he told the three-judge Bench, which included Justices R.V. Raveendran and J.M. Panchal.
Referring to some of the petitioners’ stand for a direction to the Centre to declare Ramar Sethu a national monument, Mr. Nariman said “no mandamus can be given for that. It is up to the Central Government to do so under a scheme and there are guidelines for that. Parliament has delegated this function to the government. It is possible to keep a monument as an archaeological site without declaring it a national monument. Mining or construction activity is still permissible at an archaeological site. It is an erroneous assumption that at an ancient archaeological site like Adam’s Bridge no construction activity can be carried out.”
Consul reiterated that Lord Ram himself had destroyed Ramar Sethu.
No doubt, a sacred place
Mr. Nariman argued that the court could not decide on issues of faith. “One can understand if you say that it [destruction of Ramar Sethu] affects your sentiment and it should not be destroyed. AIADMK leader Jayalalithaa is right in saying it affects her sentiments. Ramar Sethu is a place of worship and it will continue to be so. It is a sacred place. Nobody doubts it. We respect people’s sentiments. That is why I said the government will consider your Lordship’s [CJI’s] suggestion seriously. My point is how are we to take the issue of faith which is a superlative action [construction of Ramar Sethu] done in three days. How can the court decide on this issue and say ‘Yes’, it interferes with your religious freedom?”
Wednesday, Jul 30, 2008
J. Venkatesan
www.hindu.com

Chief Justice withdraws from fund scam case
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=f641f37d-aa22-44d3-a36c-2f29c788bed8&MatchID1=4727&TeamID1=2&TeamID2=3&MatchType1=1&SeriesID1=1191&PrimaryID=4727&Headline=CJ+withdraws+from+fund+scam+case&strParent=strParentID

Chief Justice of India KG Balakrishnan has withdrawn himself from the Ghaziabad provident fund scam case, allegedly involving some UP judicial officers, certain judges of the Allahabad High Court and a Supreme Court judge.
The CJI recused himself after the Indian chapter of Transparency International challenged his administrative decisions related to the scam probe. The corruption watchdog is seeking a “through and unfettered” probe by the CBI into the scam.
Two petitions related to the sensational case, in which the CJI’s Bench had on July 17 issued notices to the Centre and the UP Government on the plea for a CBI probe, is now listed for hearing on August 1 before another Bench headed by Justice BN Agrawal. The Ghaziabad Bar Association has filed the second case.
Senior advocate Shanti Bhushan had on the last date pointed out on behalf of Transparency International that the CJI could not hear a petition challenging his own administrative decisions relating to the scam probe. Bhushan had said SC Secretary General VK Jain had written to Ghaziabad SSP that he should prepare a questionnaire for examining the Judges of the higher judiciary allegedly involved in the scam for prior vetting. The questionnaire would form the basis of the probe.
Terming it as “unheard of”, Bhushan had said there could not be different sets of procedures for judges and other people involved in a corruption case.
The CJI had clarified that the petition did not challenge his administrative decision, inasmuch as its prayer related only to judicial officers (subordinate court judges) while his decision was with regard to Allahabad High Court Judges. He had made it clear that if the petitioner changed its prayer so as to mean the judges of the higher judiciary, he would not hear it. The prayer has since been changed.
According to SC ruling in the Veeraswami case, an HC or SC judge cannot be proceeded against in a criminal case without the CJI’s prior permission. In view of this ruling, the Ghaziabad SSP had sought the CJI’s permission for probe against judges of the higher judiciary.
Satya Prakash, Hindustan Times
New Delhi, July 29, 2008
www.hindustantimes.com

Justify ban on SIMI, Delhi HC tells Centre
http://www.indianexpress.com/story/342525.html

New Delhi, July 30:: The specially designated tribunal, hearing the Student Islamic Movement of India’s (SIMI) petition against the Centre’s decision to ban it, on Wednesday said that the government has to bring new facts to justify its decision.
Justice Geeta Mittal, a Delhi High Court judge who is heading the tribunal, said that the government cannot extend the ban on the basis of earlier records against the organisation.
“What precluded the government from stating the facts. You have to satisfy the tribunal about the sufficiency of the reason behind issuing a fresh notification (on the ban),” Justice Mittal said.
The tribunal also referred to three notifications issued by the Centre after the Babri Masjid demolition when three political organisations were banned but the tribunal quashed two of them.
“The notification should tell what leads you to declare SIMI a banned organisation,” Justice Mittal further said.
The government, on the other hand justified the notification, saying that it can ban such organisation even in anticipation.
“Earlier, we issued notification and then Malegaon blasts happened. SIMI still indulges in communal activities and it is a threat to the secular fabric of our society,” Additional Solicitor General Kalyan Pathak said.
The organisation has been banned by the Centre for the last seven years and the government issued a fresh notification in February, 2008 to extend the ban for another two years under Unlawful Activities (Prevention) Acts.
The notification issued by the Home Ministry on February 7, 2008 says that the organisation was involved in unlawful activities in the country and was spreading communal hatred.
Agencies
Posted online: Wednesday, July 30, 2008 at 2004 hrs
www.indianexpress.com

HC awards compensation in land acquisition case
http://timesofindia.indiatimes.com/Hyderabad/HC_awards_compensation_in_land_acquisition_case_/articleshow/3304712.cms

Justice C V Nagarjuna Reddy of the A P High Court on Tuesday directed the land acquisition officer concerned in Pedavalasa of Vizianagaram district to pay Rs 25,000 as costs in a land acquisition case.
The judge was dealing with a complaint that no compensation was paid for 18 acres of land acquired way back in 1990.
The judge directed the official to pay the compensation within two months along with interest at 12 per cent per annum from the date when the land was taken over.
The government contended that while the land was ought to be acquired, no steps were taken due to lack of funds among other reasons.
While the petitioners said it was about 18 acres, the government contended that it was only two acres. On perusing the file, the judge noticed that about 18 acres were indeed acquired. The judge directed compensation at Rs 90, 000 per acre.
30 Jul 2008, 0943 hrs IST,TNN
http://timesofindia.indiatimes.com

HC quashes plea for MBBS admission under NCC quota
http://timesofindia.indiatimes.com/Hyderabad/HC_quashes_plea_for_MBBS_admission_under_NCC_quota_/articleshow/3304711.cms
HYDERABAD: Justice B Seshasayana Reddy of the high court on Tuesday dismissed a batch of writ petitions filed by students seeking admission to MBBS under the NCC and sports quota. The petitioners questioned the action of Eamcet convener in prescribing the condition that a candidate must have secured not only 50 per cent in the qualifying examination but must also obtain 50 per cent in the entrance examination . The petitioners contended that the rule was introduced after the notification for the entrance examination and hence could not be applied retrospectively . The Medical Council of India pointed out that the requirement dates back to 1999 and the Eamcet convener was only complying with the national requirement. The argument found favour with the court.
30 Jul 2008, 0944 hrs IST,TNN
http://timesofindia.indiatimes.com

HC sends notice to SGPC on Medical College admissionshttp://www.indlawnews.com/Newsdisplay.aspx?b2e0b893-8d5e-4a9a-933c-a4f474536d07
The Punjab and Haryana High Court issued notices to Shiromani Gurdwara Prabandhak Committee (SGPC) on a petition, alleging denial of admission to MBBS course by the a SGPC run institute for violating Sikh religion norms.The court issued notices for August 11 on the petition filed by Gurleen Kaur and others, who were denied the admissions on the ground that they had trimmed beards and plucked eyebrows, which was against norms of Sikhism. The notices, which were issued by the Division Bench of Justice Ashutosh Mohunta and Justice Nirmaljit Kaur, have also been issued to the Punjab medical education secretary and Sri Guru Ram Dass Institute of Medical Education and Research, run by the SGPC at Amritsar, which had denied the admissions.The institute admits 50 per cent students to MBBS course on the basis of state-conducted pre-medical entrance test and remaining 50 per cent from those candidates, who adhere to the principles of Sikhism.UNI
7/30/2008
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MTNL provides Wi-Fi connectivity to Delhi HC
http://www.telecomtiger.com/fullstory.aspx?storyid=3162&passfrom=vasstory
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MTNL said it has transformed Delhi High Court into a Wi-Fi enabled zone with the installation of Wi-Fi broadband and Centrax (Intercom) facility in the court premises.

Inaugurated by Chief Justice A P Shah, the Wi-Fi access points within the court area will provide free and uninterrupted internet facilities to the lawyers, said MTNL. Further free intercom services will be provided to each lawyer onto the MTNL telephones placed in their respective chamber blocks.
30 Jul 2008
TT Bureau
www.telecomtiger.com

HC issues notice to Delhi University on St. Stephen’s petitionhttp://www.indlawnews.com/Newsdisplay.aspx?a562674b-fb66-4566-a19e-94154f8d9794

Delhi High Court issued notice to Delhi University (DU) on the petition filed by St Stephen’s college, seeking that it will be exempted from the university ordinance which sets the norms for selection of principal, as it is a Minority Institution.Chief Justice A P Shah and Justice S Murlidhar issued notice to the DU and asked them to give reply by August 1.St Stephen’s College urged that it is a Minority institution and the DU has no right to interfere in the selection process of the principal.Lawyer for St Stephen’s College contended that they have always filled up the post of principal in accordance with the college constitution and DU has never objected to it. This time, when they started the selection process for the post of the principal, which is currently lying vacant, the University directed them to follow the selection committee composition as laid down in ordinance XVIII, Clause 7(2) of the Act.According to the Clause 7(2)of the University Ordinance, the college, after completion of the eligibility and selection process, has to send the list of shortlisted candidates to the DU. The final selection is made by the university and if they still don’t approve any name, the whole process of selection takes place again, and the college have no other option but to advertise again for the post.The college has alleged that the ordinance deprives them of their fundamental right to choose a principal, whereas it is a settled law that Minority Educational Institutions are free to choose any qualified person as the head of their college, their qualification being only restriction.UNI
7/30/2008
www.indlawnews.com

Percentile case: HC hearing may conclude today
http://timesofindia.indiatimes.com/Mumbai/Percentile_case_HC_hearing_may_conclude_today/articleshow/3303830.cms
MUMBAI: Students of FYJC may soon know where they stand. The Bombay high court has said it would complete on Wednesday the hearing of the PIL challenging the Maharashtra government’s newly introduced percentile method for admissions to first year junior college. Senior counsel Rajni Iyer, who was appearing for the Association of ICSE Schools of Maharashtra, requested the court for a speedy disposal of the matter. On Tuesday, advocate Mihir Desai, appearing for the Parents Teachers Association (PTA) which was supporting the government’s controversial move, spoke for the first time during the hearing and summarised succinctly in a few minutes the crux of matter. Till this point, the government pleader had been labouring with the justifications for the state’s decision. Desai said the essential question before the court was to see whether the new formula was “so perverse or so grossly in favour of the SSC students as to merit interference by the court’’. He said it was not as if a SSC student with 60% marks was depriving a CBSE student with a score of 95%. He said the main issue was whether the “normalisation process’’ was desirable and whether it was the correct method. Members of the PTA forum—mostly parents of SSC students—were present in court. Desai said that over the years, as admissions were based on merit and percentages obtained by students across the boards, there was an “inherent bias in favour of the ICSE and CBSE board students’’. Such a bias arose because of marks and without casting any aspersions on whether the ICSE and CBSE was liberal in its correction of papers, Desai said it was well known that languages were tough-scoring subjects. While SSC has three compulsory languages, the other boards had only two. Besides, students in ICSE had the advantage of dropping mathematics if they were weak in it while it was a compulsory subject for SSC. “Whether it was because of different curricula, choice of subjects or the exam pattern, some amount of normalisation was felt necessary,’’ Desai said, adding that the adequacy of material before the state can’t be the bone of contention. “The formula has been applied uniformly and there was no reason to disturb it now. Maybe the state can come up with a better method and it should if necessary, but no student is going to be denied admission and the percentile formula—as it stands—does not shock the conscience,’’ he said. Advocate P M Pradhan who represented the petitioner, an ICSE student, began by again reiterating that the argument of two compulsory languages against three for the SSC holds no water to warrant a normalisation pattern. The bench of Chief Justice Swatanter Kumar and Justice A P Deshpande was shown several Supreme Court judgments by government lawyer Jyoti Pawar to reinforce its decision.
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var RNS = RN.substring (2,11);
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30 Jul 2008, 0316 hrs IST,TNN
http://timesofindia.indiatimes.com

Couple moves HC to end pregnancy
http://timesofindia.indiatimes.com/Mumbai/Couple_moves_HC_to_end_pregnancy/articleshow/3303893.cms
MUMBAI: A medical practitioner and a couple from Bhayander have moved the Bombay high court challenging a rule that bans abortions after the 20th week of pregnancy. The couple—identified in court papers only as Mr X and Mrs Y, who is 25 weeks pregnant—has urged the court to allow the abortion after they discovered that their unborn child suffers from a congenital heart condition. A division bench of Justice J N Patel and Justice K A Tated on Tuesday constituted a committee headed by the dean of JJ Hospital to examine the pregnant woman and submit a report by Friday, when the court has scheduled the matter for hearing. The petition, filed by Goregaon-based gynaecologist Dr Nikhil Datar and the couple, has taken recourse to the extraordinary jurisdiction of the court under Article 226 and the fundamental right to life of Article 21 of the Constitution to plead their case before the court. The Medical Termination of Pregnancy Act—enacted in 1971 with a view to prevent female foeticide—prohibits abortions beyond 20 weeks of pregnancy, which is the time when the sex of a foetus can be determined. For any violation of the law, a couple can be punished with an imprisonment of between two and seven years. Mrs Y, who is pregnant with her first child, during a routine diagnosis in her 24th week, discovered that her unborn child was suffering from a congenital complete heart block. According to the opinion of a paediatrician, once born, the baby would immediately require the placement of a pacemaker, which usually has a life of four-five years. This means that the child would require at least five pacemaker replacement surgeries throughout life. Doctors opined that this would “seriously compromise the life of the child’’ and also expressed fears of a possible “intra-uterine death of the foetus’’. The petition further said that Mrs Y, who is a school teacher, “does not want to have a compromised quality of life for her own child and cannot afford the extraordinarily expensive treatment, which may or may not give results’’. Dr Datar also claimed that he had come across many such cases. He said due to the stringent law, many women in a similar situation, go to quacks “seeking unsafe abortions and risking their own life’’. The doctor also pointed out that in the United Kingdom, medical termination of pregnancy is permitted up to the 26th week. The petition has urged the court to strike down the provision which bars abortion after 20 weeks, and allows such medical termination of pregnancy in cases where the life of the mother or the child is in danger.
30 Jul 2008, 0347 hrs IST,TNN
http://timesofindia.indiatimes.com

HC to hear all petitions on a single day
http://timesofindia.indiatimes.com/Nagpur/HC_to_hear_all_petitions_on_a_single_day/articleshow/3303961.cms
NAGPUR: Concerned over numerous hardships faced by citizens due to increased load-shedding, the Nagpur bench of the Bombay High Court, comprising justices Dilip Sinha and A P Bhangale, plans to hear all litigations filed against the power problem on a single day on Thursday. The division bench on Tuesday came down heavily on the state governement, criticising it for not being able to manage and plan power generation as well as distribution. The court has asked the government to consider privatisation of power. The bench also directed the counsels of the Maharashtra State Electricity Development Company Limited (MSEDCL) and state government, to bring all facts and figures regarding actual generation and distribution along with measures to improve and reform its generation and distribution when the hearing takes place on Thursday. The court observed that citizens from Vidarbha expect that power generated from plants in the region should be utilised for the region first and then distributedf to other areas in the state. The court also asked the respondents counsel to give details about distribution of power to industries in Vidarbha. R K Deshpande was the counsel for MSEDCL, while additional government pleader Bharti Dangre appeared for the state government.
30 Jul 2008, 0411 hrs IST,TNN
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Daily Legal News for 29.07.08

Verdict on ‘Beer Man’ likely on June 27

http://sify.com/news/fullstory.php?id=14699027

Mumbai: A sessions court is expected to deliver its judgement in the case on alleged serial killer Ravindra Kantrole, famously known as the ‘Beer Man’ on June 27.

The Sewree sessions court will deliver its judgement in one of the three murder cases registered against Kantrole.

Kantrole was arrested on February 5, 2007 for allegedly murdering three of the seven men found dead in south Mumbai under mysterious circumstances between October 2006 and February 2007.

“The prosecution had no substantial evidence or witness against Kantrole except the testimony of one witness-assistant chemical analyser Sunny Joseph of Kalina’s Forensic Science Laboratory,” Kantrole’s lawyer Sushan Kunjuraman told PTI.

Joseph had performed scientific tests on Kantrole.

However, Joseph in his final psychological evaluation report concluded that the polygraph and brain-mapping tests did not show Kantrole’s involvement in the case.

Kunjuraman further said that Kantrole has been falsely implicated in all the three cases.

Friday, 20 June , 2008, 16:19

http://sify.com

 

 

Vodafone amends writ petition filed against IT

http://www.business-standard.com/india/storypage.php?tp=on&autono=40447

 

Vodafone, which has challenged the $2-billion tax demand by Income Tax department, has now sought the change in tax law should not be applicable to the company. The petition comes up for hearing at the Mumbai High Court on Monday (June 23, 2008).

In the previous budget proposal, the ministry had amended Section 201 of the I-T Act, with retrospective effect from 2002. The amended law stipulates that the buyer of the shares is also liable to pay taxes in India.

“Pursuant to the order passed by the Mumbai High Court, in the last hearing of the Vodafone tax case, the company has amended its writ petition challenging the constitutionality of the retrospective amendment of the changed tax law. The revised writ was submitted to the high court on June 12, 2008,” the company said in a statement here today.

The court has now permitted a week thereafter, for the Tax Office to respond, it said.

The I-T department had sought capital gains from the sale of Hutchison’s 66 per cent stake in Hutch-Essar to US-based telecom major Vodafone for $11 billion in 2006. This was challenged by Vodafone, stating that the seller is liable to pay taxes in India, and not the buyer.

The amendment will not go against Vodafone and now the company has amended its earlier writ petition filed with Mumbai High Court and has sought that it should be exempted from this amendment.

BS Reporter / Mumbai June 20, 2008, 16:56 IST

www.business-standard.com

 

 

UP cops want to quiz judges in PF swindling scam

http://www.saharasamay.com/samayhtml/articles.aspx?newsid=101012

 

Ghaziabad, June 20: In perhaps the first such move, Uttar Pradesh police have sought permission from the Chief Justice of India as well as from the Allahabad High Court to ‘investigate’ some serving and retired judges in the alleged siphoning of Rs seven crore from the Provident Fund account of Ghaziabad district court employees.

“We are seeking the permission of the Supreme Court and the High Court to question the judges and when we get the permission we will start the investigations,” said SSP Ghaziabad Deepak Ratan.

The scam came to light in February this year with the arrest of Ashutosh Asthana the administrative officer of the district court in Ghaziabad. Asthana, who is now in jail, has reportedly confessed to misappropriation of funds from the general provident fund accounts to the tune of Rs 7 crore.

Asthana has named 36 judicial officers as recipients of the favours from the money thus withdrawn, sources said. He alleged that he bought some judges expensive gifts including LCD television sets, fridges, washing machines, furniture, jewellery, mobiles and even gave them cash.

Asthana was produced in the court last month where he reportedly disclosed about some judges being also involved in the scam.

As many as 89 persons were made accused in the case on the direction of Allahabad High Court after serving Additional Judge (CBI) Rama Jain lodged a complaint at Kabi Nagar police station here.

Posted at Friday, 20 June 2008 09:06 IST

www.saharasamay.com

 

 

 

No family business in the Gujarat High Court, demands Advocates’ Association

http://www.expressindia.com/latest-news/No-family-business-in-the-Gujarat-High-Court-demands-Advocates-Association/325074/

 

Ahmedabad, June 19 On Thursday, the Gujarat High Court Advocates’ Association drew up a resolution requesting the Chief Justice of India to transfer all judges of the Gujarat High Court whose kith and kin are practicing in the same court.

The copy of the resolution available with the Indian Express, further states, “…any judge who is transferred from another High Court to Gujarat High Court should also be transferred out if his/her kith and kin starts practice in the same court after his/her transfer to the Gujarat High Court.” The resolution also authorises the President/Secretary of the Bar to make appropriate representation in this regard, in consultation with five Bar members.

The resolution adds, “The Honourable Chief Justice of India and his companion Judges in the Collegiums – Honourable Justice B N Agrawal, Honourable Justice Ashok Bhan and Honourable Justice S H Kapadia — be requested in the form of a prayer to immediately transfer all Honourable judges of the Gujarat High Court who fall within the category as mentioned herein.”

In his letter calling the meeting, Yatin Oza, the President (elect) of the association had stated, “In furtherance of the goal apropos the letter of Mr. Mihir Joshi, Senior Advocate dtd. 27.03.08, it is necessary that complete purity in the administration of justice be achieved.

“In his strongly worded letter to the Advocate General, Kamal Trivedi, and the President of the association, K J Shethna, which has sparked off an intense debate, the then Additional Advocate General, Mihir Joshi, had raised questions about the conduct of affairs in the High Court and the `integrity of the judges’.

Express News Service

Posted online: Friday , June 20, 2008 at 10:40:00

Updated: Friday , June 20, 2008 at 10:40:00

www.expressindia.com

 

De-addiction centres: HC issues direction to TN govt
http://www.indlawnews.com/Newsdisplay.aspx?06ce3ec5-9174-48a1-9f6c-e1236209837f

The Madras High Courthas directed the Tamil Nadu Government to consider and dispose of a petition filed by Pattali Makkal Katchi (PMK) Women’s Wing President Nirmala Raja regarding running of the State-owned TASMAC liquor shops and starting de-addiction centres in the State.

Disposing of the petition, the First Bench, comprising Chief Justice A K Ganguly and Mr Justice Ibrahim Kalifullah, directed the Secretary to the Government, Prohibition and Excise, to consider the petition within six weeks.

The petitioner submitted that the Government, which was running TASMAC shops all over the State, had asked the shops to increase its revenue target. As youngsters would be affected by this move, the Government should reduce the number of such shops, she said, adding that the Government should open more de-addiction centres across the State.

Her representations to the Government have fallen on deaf ears and the Government had not initiated any action in the matter, she submitted, praying for a direction to the Government in this regard.

When the matter came up for final hearing today, Public Prosecutor Raja Kalifullah submitted that the Government had set up 50 de-addiction centres throughout the State and proposed to start such centres in more areas.

The Bench recorded the Public Prosecutor’s submissions and disposed of the petition.

UNI

6/19/2008

www.indlawnews.com

 

Mosquito: HC unhappy over steps
http://www.newindpress.com/NewsItems.asp?ID=IEQ20080620234815&Page=Q&Title=Orissa&Topic=0

A division bench of the Orissa High Court on Friday expressed dissatisfaction over execution of measures undertaken to maintain sanitation and health and contain mosquito menace in Cuttack.

The bench comprising Justice BP Das and Justice MM Das directed district health wing to submit within two weeks a report on the steps taken. The next hearing on this will be held on July 9.

The Advocates’ Committee, constituted by the HC, had submitted a report stating that Cuttack Municipal Corporation’s measures were not up to mark.

The HC has also asked the Secretary, Urban Development Department to submit a report specifying what measures have been taken to preserve waterbodies.

Saturday June 21 2008 10:47 IST

Express News Service

www.newindpress.com

Youth held for suicide bid before HC judge
http://www.newindpress.com/NewsItems.asp?ID=IET20080620225843&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0

MADURAI: A man created flutter at the Gandhi Memorial Museum when he attempted suicide in front of a High Court judge during a function organised here on Friday.

The incident created distress among visitors, including foreigners. The centenary celebration of the book ‘Hind Swaraj’, written by Mahatma Gandhi, was organised at the library hall and the function was presided over by former vice-chancellor Kulanthaivel.

When High Court Judge Praba Sridevan stood up for the felicitation, a youth, aged around 30, stormed into the hall and attempted to commit suicide by pouring kerosene over his body.

A tense situation prevailed in and around the museum. Meanwhile, the audience who witnessed the incident, informed Tallakulam police who rushed to the spot and arrested the youth.

During police interrogation, the youth, Maduraiveeran of Karumbalai, said that he was the son of Muniyandi, an employee of the museum who died in harness, Maduraiveeran had applied for the job on compassionate grounds but it was not entertained by the museum officials.

Tallakulam police have registered a case and are investigating it.

Saturday June 21 2008 10:47 IST

Express News Service

www.newindpress.com

HC sets precedent, decides to re-examine convict

http://timesofindia.indiatimes.com/Kolkata_/HC_sets_precedent_decides_to_re-examine_convict/articleshow/3150568.cms

 

KOLKATA: Calcutta High Court set a precedent on Friday by agreeing to re-examine a convict after his lawyer pointed out that the trial court’s cross-examination had been “defective”. Usually, in such cases, the HC entrusts the re-examination with the trial court.

A division Bench of Justice Girish Chandra Gupta and Justice K K Prasad directed the Behrampore Correctional Home superintendent to produce Nikhil Mondal – serving a life sentence for allegedly driving his wife Patobala to suicide – on July 11 for re-examination. The Bench issued the directive acting on an appeal by Mondal’s counsel Partha Sarathi Bhattacharya.

Patobala’s father Naresh Mondal lodged an FIR in July 1989 against Nikhil and his parents, complaining that she had been physically and mentally tortured for dowry.

On July 3, 1989, Naresh was informed that his daughter had committed suicide by hanging her-self. Holding his son-in-law and his mother responsible for his daughter’s death, Naresh complained that Patobala took her life after she was unable to bear the torture.

A case was lodged against Nikhil and his mother. Nikhil’s mother died while the case was being heard in the trial court. After the trial, the Malda additional sessions judge convicted Nikhil and sentenced him to life in prison. Nikhil appealed against the trial court’s judgment in Calcutta High Court.

In course of hearing the appeal, Nikhil’s counsel Partha Sarathi Bhattacharya pointed out that his client’s examination by the trial court, under Section 313 of the CrPC, was “defective”. Bhattacharya argued that his client was not questioned at the end of the trial about the evidence of the autopsy surgeon and the investigating officer, and was thus denied a chance of defend himself.

The court accepted Bhattacharya’s argument and wanted to re-examine the Nikhil.

21 Jun 2008, 0418 hrs IST,TNN

http://timesofindia.indiatimes.com

HC first: bench to quiz lifer

http://www.telegraphindia.com/1080621/jsp/bengal/story_9442676.jsp

Calcutta, June 20: The high court will directly question a lifer who has spent 19 years in jail, the first time the appellate authority has decided to do so.

When convicts appeal a trial court order, high court judges usually confine themselves to going through the case papers and hearing lawyers from both sides before delivering their verdict.

But while hearing Nikhil Mondal’s appeal today, the division bench of Justices G.C. Gupta and K.K. Prasad felt the questions that the Malda additional sessions judge had put to him were inadequate. So they decided to question the convict, in jail since 1989.

Nikhil had been imprisoned for abetting his wife’s suicide. A resident of Harishchandrapur in Malda, 325km from Calcutta, he had married neighbour Potobala in 1986. Three years later, her father alleged that his son-in-law had driven his daughter to death.

He also alleged that Nikhil had started torturing Potobala for more dowry days after their marriage. “Unable to bear the regular torture, she drank poison,” the father said.

Before delivering his verdict in March 1993, the trial judge had questioned Nikhil for three days.

“But the questions were inadequate and improper. The judge never tried to find out his motive for abetting the suicide,” said Nikhil’s lawyer Partha Sarathi Bhattacharya.

The division bench went through the records containing the trial judge’s questions and Nikhil’s answers and felt that Bhattacharya’s submission had merit.

The superintendent of the Malda Correctional Home has to appear in court with the lifer on July 11.OUR LEGAL REPORTER

www.telegraphindia.com

HC dismisses PIL against Nandigram OC

http://www.expressindia.com/latest-news/HC-dismisses-PIL-against-Nandigram-OC/325704/

 

Kolkata, June 20 The Calcutta High Court dismissed a public interest litigation (PIL) on Friday, filed against Nandigram police OC Debashis Chakraborty.

A Division Bench of Chief Justice S S Nijjar and Justice Pinaki Chandra Ghose observed that the allegations against Chakraborty were general in nature and not specific. The Bench pointed that the petitioner,

Asit Roy, had levelled the allegations against Chakraborty on the basis of newspaper reports. Hence, the Bench could not pass an order and the petition could not be treated as a PIL.

Roy is a social worker and a member of the All India Legal Aid Forum. Appearing on behalf of Roy, advocate Indranath Mukherjee moved the plea that Chakraborty had framed several people in false criminal cases.

“In spite of being in an important position, he had harassed the general public and tortured them. But his superiors had not taken any step against him,” he said. Mukherjee also said that Chakraborty should be transferred and the court should order an investigation into his “illegal” acts.

State counsel Advocate-General Bolai Roy said: “The petition

was not maintainable. So, the question of transferring the OC does not arise.”

After the hearing, Roy said that he will file a petition in Supreme Court challenging the High Court order.

Express News Service

Posted online: Saturday , June 21, 2008 at 01:30:03
Updated: Saturday , June 21, 2008 at 01:30:03

www.expressindia.com

 

Now, lawyers seek HC name change

http://www.dnaindia.com/report.asp?newsid=1172552

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Politics aside, the name change bug has now bitten lawyers of Bombay High Court. The Advocates Association of Western India (AAWI) held a special general body meeting on Friday to discuss a resolution moved by a lawyer proposing that Bombay High Court be recognised as High Court of Maharashtra.

The proposal mooted by advocate VP Patil is backed by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, which had, in 1960, modified the title of ‘High Court of Bombay’ to ‘High Court of Maharashtra’.

The 1960 order had modified the Bombay Reorganisation Act, thereby replacing Bombay with Maharashtra in titles like ‘State of Bombay’, ‘Governor of Bombay’, ‘Government of Bombay’ and ‘High Court of Bombay’. While the other name changes came into effect from May 1, 1960, the change in HC’s name was never implemented. 

On Friday, nearly 100 members of AAWI attended the meeting to discuss the name change proposal. “Noting the relevance of the subject, we have decided to frame a proper resolution, requesting the Central government to consider the name change for the HC,” AAWI president Shankar Thorat told DNA. The redrafted resolution would be presented before the members during the next AAWI meeting.

Patil’s request seeking a name change for the HC is not the first. In May, Shiv Sena leader Uddhav Thackeray had also stated that the HC should be recognised as High Court Maharashtra owing to the 1960 order. The party had said that it was considering filing a public interest litigation in the HC on the issue.

Former police officer Sachin Vaze also wrote a letter to Chief Justice Swatanter Kumar, citing the 1960 order and pointing out that as per an amendment in Article 168 of the Indian Constitution, the word ‘Bombay’ has been replaced with ‘Maharashtra’.

Anshika Misra

Saturday, June 21, 2008  03:08 IST

www.dnaindia.com

 

HC lays pitch for cricket stadium

http://www.telegraphindia.com/1080621/jsp/jharkhand/story_9442039.jsp

Ranchi, June 20: Jharkhand High Court today gave its assent for the construction of an international cricket stadium on Heavy Engineering Corporation (HEC) land.

The Jharkhand State Cricket Association (JSCA) will construct the stadium for improving the standards of cricket in the state and projecting the capital as a venue for international matches.

The decision of the high court comes as a big relief for the JSCA, which has been trying for long to acquire Heavy Engineering Corporation’s land for the stadium. However, the cricket association would be paying double the price than an earlier proposal for the land.

HEC had proposed leasing 31.70 acres to the JSCA for the stadium. The land, at Tiril village, was to be leased for Rs 7.5 crores. According to the deal, JSCA was to pay HEC about Rs 25 lakh for an acre.

In today’s directive, the court asked JSCA to pay Rs 50 lakh per acre of HEC land. The court directed the cricket association to also pay an annual rent of Rs 1 lakh to the ailing PSU. HEC will also be given 5 per cent of the proceeds from sale of tickets to matches in the proposed stadium.

The matter had come up before the high court when JSCA filed a petition seeking permission to use HEC land for a stadium. HEC was under heavy losses and its case was in court. The company was ready for the deal but the state government had delayed taking a decision.

Today, the court said Heavy Engineering Corporation need not go to the government for permission to give the land for the stadium.

The proposed arena will evolve as a mega sports complex and house a cricket academy, counsel for HEC said. It will also have centres for development of other sports, the counsel added.

 

CHANDRAJIT MUKHERJEE

www.telegraphindia.com

HC Bench refuses to interfere

http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7B36B0DB89-6BE8-4F48-8923-F22846C82B40%7D&CATEGORYNAME=CHN

Madurai, June 21 The Madurai bench of the Madras High Court on Friday refused to interfere in the suspension of a councillor of Pattukottai Municipality by its Chairperson during the council meeting following the councillor’s troublesome behaviour. Dismissing petitions filed by 17 councillors of the Municipality, Justice P Jyothimani said the Chairperson would have acted according to the situation prevailed during the meeting and the court could not interfere.

It was not possible for the court to go into validity of decisions taken at the meeting. Prerogative power of chairman to suspend the councillor was exercised in the best interests of democratic principles, but it should also preserve decency, order and decorum of the council, the Judge said.

The petitioners submitted that there were 33 councillors in the municipality. The chairperson of the ruling party Priya Ilango suspended councillors with ulterior motive of passing the agenda whenever she did not have majority. She did it more than twice, the petitioners said.

On December 31 last year, the Chairperson suspended one counciller ‘with ulterior motive’ of passing resolutions. There was a tie with 16 councillors for it and 16 against it. The chairperson voted twice, once as chairperson and another time as councillor.

Drawing comparison with Lok Sabha, the petitioner’s counsel said the chairperson could not vote twice and could vote only once in case of tie.

The Judge said “I do not think that either the Chairman of the Rajya Sabha or Speaker of Lok Sabha could be compared with a Municipal Chairperson. Parliament was involved in law making process in the country where as it was not the case of local bodies’, he said.

Published: Saturday, June 21, 2008

www.chennaionline.com

Govt tells SC: Sahara razed its own structure

http://www.expressindia.com/latest-news/Govt-tells-SC-Sahara-razed-its-own-structure/325721/

 

Lucknow, June 20 The Uttar Pradesh government moved the Supreme Court on Friday challenging the Allahabad High Court’s order that had stayed the demolition of Sahara Group’s commercial property Sahara Sahar. The apex court will be hearing the matter next week.

Though the government hurriedly approached the apex court on Friday, calling the Allahabad High Court’s order “legally unsustainable”, the Supreme Court refused to give the complaint an urgent hearing. The Vacation Bench of Justices Arijit Pasayat and G S Singhvi made it clear it would take up the matter only after June 23.

The Lucknow Development Authority has contended that the Sahara India Commercial Corporation Limited (SICCL) had flouted the mandatory provisions of the UP Urban Planning and Development Act, 1973 and raised unauthorised constructions over carved zonal roads without its permission.

The LDA told the court the “the illegal acts of the company deprived the common people from free access to the area”.

The Special Leave Petition filed through advocate G Venkateswara Rao further alleged that Sahara had approached the Allahabad High Court “concealing vital facts so as to succeed in its evil design of grabbing public property.”

The government said the company on June 13 had agreed to remove certain encroachments on both zonal roads — which are a part of the Masterplan 2021.

The government also said the Sahara group had itself demolished the encroachments after 10.30 pm on June 17 — using its own people and machinery.

The LDA officials said it had leased 130 acres of land to the company for residential and commercial purposes in October 1994 and 140 acres for the green belt in 1995.

The state government has appealed to the Supreme Court after the Allahabad High Court rebuked the LDA for demolishing the outer walls, the auditorium and the watchtower of Sahara Sahar without prior notice.

The court also asked the government to restore possession of the land to the company, after the Sahara Group knocked at its doors.

HC: Three-day extension to stop demotion at night
A DIVISION Bench of the Allahabad High Court on Friday extended for three days the deadline for compliance of its interim order, which directed the state government not to carry out any demolition work after 5 pm and before 9 am.
On Thursday, a Bench comprising Justices D P Singh and Bal Krishna Narain had ruled that no demolition work should be carried out during the night. The court had sent a copy of the order to the chief secretary, asking him to issue circulars in this regard and submit the compliance report within 24 hours. This was in response to a petition filed by Sahara India Commercial Corporation Limited, in connection to the demolition of parts of its property Sahara Sahar.
On Friday, Advocate General Jyotindra Mishra requested the Bench to suspend the interim order as the state government has filed a special leave petition in the Supreme Court. Mishra also stated that the chief secretary could not comply with the order as he was out of station.
The Bench refused to suspend the interim order, but extended the time period for compliance and scheduled the next hearing for the week commencing on June 30.

Express News Service

Posted online: Saturday , June 21, 2008 at 02:02:04
Updated: Saturday , June 21, 2008 at 02:02:04

www.expressindia.com

 

 

Privacy in a transparent world

http://economictimes.indiatimes.com/Guest_Writer/Privacy_in_a_transparent_world/articleshow/3292320.cms

 

 

The right to privacy is one of the fundamental rights recognised the world over. We find special references to privacy in ancient Greek and Chinese literature. In their article on ‘Global trends in privacy protection’, David Banisar and Simon Davies have chronicled privacy law in as many as 53 countries in the world.

Unfortunately, otherwise not short of laws, India singularly lacks a law on privacy. The absence has become all the more conspicuous due to the enforcement of the Right to Information Act, 2005 (the RTI Act).

In view of the vacuum on privacy law, the Central Information Commission (CIC) is increasingly faced with balancing the right to information of the requester with the right to privacy of the concerned parties, both in cases of personal and business information.

The CIC is clear that though there is no specific law, it is legally recognised that privacy is inviolable unless there are good and sufficient reasons to disclose, as the concerned party may suffer incalculable and irretrievable harm by unjustified disclosures.

Section 8(1) (j) of the RTI Act does protect disclosure of personal information unconnected with any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual. The clause goes on to lay down that the disclosure of personal information and invasion of privacy may be justified if the larger public interest so warrants.

In addition to the specific privacy clause, personal information is also protected under some other exemptions of Section 8 of the RTI Act.

The CIC is categorical that income-tax returns, PAN numbers, details filed for tax determination, bank accounts, sources of funds, partnership details, plan to run dealership and so on are all matters protected under some or all concerned exemptions of the RTI Act.
The bottomline is, as the CIC explained in A L Mehta vs CBDT that “protection of personal information, especially of a third-party, is a valuable privilege which should not be lightly done away with or diluted”.

The CIC, however, is clear that any activity of a public servant in his official capacity should be revealed to the public. Thus there is nothing secret about service matters like appointment, confirmation, upgradation, suspension-revocation, postings, calculation of pension, details of leaves and tours.

Similarly, it has been held that selection to a post is a public activity and educational, technical and experience certificates of selected candidates must be shared. Though initially there was division of opinion in the CIC on putting property returns of officers in the public domain, the current case law favours the disclosure.

Privacy is a double-edged sword. Since government servants have the right to keep their personal information protected, they are themselves barred from accessing the same if the disclosure serves no public purpose. The state is the repository of huge personal and commercially critical information of individuals as well as of commercial entities.

Technological advances, globalisation and liberalisation have increased such records manifold. India is fast joining the club of nations where such information exists in significant volume and is being increasingly demanded.

Additionally, India is becoming a leader in business process outsourcing and large amounts of personal information from other countries are flowing into India.

Majority of the RTI requests are disposed of by the Public Information Officers (PIOs) and Appellate Authorities and hardly a fraction reaches the CIC. We also have to appreciate that there are innumerable PIOs at different levels of hierarchy with varying ability to appreciate law and facts.

It is not difficult to anticipate the vast difference in their level of understanding of the RTI Act and their accessibility to the decisions of the commission. We also have to appreciate that PIOs are required to consult the concerned party (called as the third-party under the RTI Act) in five days of receipt of application. And as they are under the threat of penalty payable from their pocket, the tendency is to ignore the invisible third party and release the information.

The confusion has the potential of getting further compounded as state information commissions are independent in interpreting the RTI Act. It is, therefore, not possible to even expect uniform standards or common minimum understanding among all information providers and adjudicators.

It needs to be appreciated that privacy is as much a fundamental human right as is the right to information. The only way we can protect and respect the integrity of personal information is to enact a separate legislation on privacy.

This legislative intervention is necessary so that the reputation and feelings of concerned parties are not jeopardised and at the same time legal complications and resultant litigation are minimised.

 

28 Jul, 2008, 0121 hrs IST,Prabodh Saxena ,

http://economictimes.indiatimes.com

 

Tenant bound to vacate premises for owner`s personal use: HC

 

http://www.zeenews.com/articles.asp?aid=458565&sid=NAT

 

New Delhi, July 28: A tenant cannot refuse to vacate rented premises on a rent controller’s order even if the landlord or the landlady who wants to evict him and use the property for personal use dies during the process, the Delhi High Court said on Monday.

The court’s observations came in connection with a banker’s plea to allow him to occupy rented premises as its original owner – who wanted it for personal use – had died last year.

The court ruled that an elderly landlord who suffers from various ailments and is not able to climb stairs has a “bonafide need” and is legally entitled to ask the tenant to vacate the ground floor for his own living.

Upholding an order passed by Additional Rent Controller (ARC) asking Sahu Basheshar Dayal Bankers to vacate the first floor premises of Sujata R Nath, the land lady who died last year, Justice Shiv Narayan Dhingra said “the bona fide or genuine requirement of a landlord/lady has to be assessed keeping in view the peculiar facts and circumstances”.

Dismissing the banker’s petition challenging the ARC’s order, Justice Dhingra said “the order of ARC does not suffer from any infirmity and neither is it based on wrong premises of law…”

The court was hearing a petition filed by the bankers that the ARC’s order deserved to be vacated as the landlady died last year.

Bureau Report

www.zeenews.com

 

HC upholds life term for sailor’s murder

 

http://timesofindia.indiatimes.com/Delhi/HC_upholds_life_term_for_sailors_murder/articleshow/3292399.cms

 

NEW DELHI: A seaman who killed a colleague aboard a cargo ship 12 years ago has failed to get any relief from the Delhi High Court which has upheld the life imprisonment awarded to him.

“We find no reason to arrive at a finding different from the one recorded by the trial court in regard to the complicity of appellant in committing the murder of L Shiv Ramanan on board,” a division bench comprising Justices B N Chaturvedi and G S Sistani said, while rejecting Manderam Langeswaran’s appeal against the trial court’s decision.

According to the prosecution, both Langeswaran and the deceased were working as helmsmen/seamen on a cargo ship motor vessel “Lok Prem” owned by the Shipping Corporation of India which was charted by a South African private company for carrying chrome alloy.

On November 30, 1996 the ship was en-route from South Africa to Japan via Singapore.

Suddenly, before reaching Singapore the auto-controls of the ship became dysfunctional and the repair work could not be carried out due to non-availability of a technician on board, the police said.

Shiv Ramanan had asked Langeswaran and another colleague M Y Talgharka to manually steer the ship but both of them showed their reluctance to do so. Following which, both the convict and the deceased had got into a fight leading to the murder of Ramanan.

Langeswaran killed Shiv Ramanan out of vengeance and confessed the crime before Kalyan Singh, the second officer of the ship, while handing over a blood-stained knife.

The Master of the ship had immediately reported the incident to the Shipping Corporation of India and an FIR was registered against Langeswaran on the charge of murder.

28 Jul 2008, 0222 hrs IST,PTI

http://timesofindia.indiatimes.com

 

 

SC questions Nagaland over MLA appointments

http://www.hindu.com/thehindu/holnus/004200807281901.htm

New Delhi (PTI): The Supreme Court has sought response from the Nagaland Government on a petition challenging appointment of 13 MLAs as Parliamentary Secretaries in the 60-member State Assembly.

A Bench headed by Chief Justice K G Balakrishnan issued notices to the state government and others on the petition filed by former Nagaland Students Federation (NSF) President Chokriveyi Venyu seeking quashing of notifications relating to the appointment and salaries for Parliamentary Secretaries.

Venyu’s counsel Khawairakpam Nobin Singh alleged that appointment of Parliamentary Secretaries was an attempt to circumvent the 91st Constitutional amendment Act that provides that the total number of Ministers, including the Chief Minister in the Council of Ministers in a state shall not exceed 15 per cent of the total strength of the Assembly.

The NSF leader submitted that the coalition Democratic Alliance government in the state has given cabinet and state minister status to all its 36 members.

The petition said there was no need for having so many Parliamentary Secretaries in such a small state when a full-fledged Council of Ministers was in place and such appointments were unreasonable and malafide

Monday, July 28, 2008

www.hindu.com

 

SSCP: VHP questions centre’s assertion before SC on Lord Ram

http://www.ptinews.com/pti/ptisite.nsf/0/3EE81BC4424DB7D365257494002D356D?OpenDocument

Coimbatore, Jul 28 (PTI) The VHP today questioned the Centre’s assertion before the Supreme Court that Lord Ram himself had destroyed the Ram Sethu (Adam’s bridge) and said it was a distortion of history.
“Nowhere in the Kamba Ramayan is it mentioned that Lord Ram destroyed the bridge. It is to appease DMK leader and Tamil Nadu Chief Minister M Karunanidhi, whose party is a partner in the UPA coalition, that the Centre is doing such things,” VHP International President Ashok Singhal told reporters here.

He was replying to questions on the Union Government’s stand on the Sethusamdudram Shipping Canal Project (SSCP).

“It (Ram Sethu) will be protected at any cost,” VHP International General secretary Praveen Togadia, who was also present, said.

He said Saints and Hindu leaders at a meeting at Haridwar had demanded that the Sethu be declared a historical monument.

On construction of the Ram temple at Ayodhya, he said it would be done by an act of Parliament. “The temple will come up and we will see to it that such an act is brought in the next Lok Sabha,” he said.

PTI

www.ptinews.com

 

 

HC raps PMC for waterlogging
http://timesofindia.indiatimes.com/Cities/Patna/HC_raps_PMC_for_waterlogging/articleshow/3299674.cms

 

PATNA: The Patna High Court on Monday remarked Patna becomes a slum during the rains with the Patna Municipal Corporation (PMC) turning a Nelson’s eye to the problem of waterlogging and related health hazards.

A division bench of Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan made this remark while hearing a PIL of a lawyer, Shyam Kishore Sharma, who submitted the recent unprecedented waterlogging in the city was spawned by the failure of the PMC to clean the drains and run the sump houses.

The judges said the civic authorities should rise to the occasion and take measures to check waterlogging in time.

They said the civic authorities did not implement their promise about short and long term plans to improve the drainage system and check waterlogging. “I wonder how the state is functioning,” remarked Justice Prasad.

When PMC counsel Chandrashekhar argued the city experienced the heaviest rainfall this monsoon, the judges said, “Then go to the temple and pray to God to rain less.”

The court directed the state government to arrange for free treatment and supply of free medicines in government hospitals and dispensaries for the people getting sick due to waterlogging-related health hazards. The court also directed the PMC and other civic authorities to spray DDT, bleaching powder in the affected areas.

Petitioner Sharma submitted before the court he filed an IA petition in his PIL on March 10, 2008, fearing serious waterlogging problem if the PMC did not clean the drains. The PMC did nothing despite receiving a copy of the IA petition.

He referred to his submission in his IA petition that cleaning of Salimpur Ahra drain from near Uma cinema in Pirmohani to Antahat was necessary to save the low-lying localities of Kadamkuan and Kankerbagh in Patna. He also added that a sump house near Nala Road in Kadamkuan was non-functional.

He submitted that there should be a dedicated drain channel from the lowest point of Rajendra Nagar road number 1 to the nearest sump house.

The court fixed August 11 as the next date of hearing of this PIL.

 

29 Jul 2008, 0304 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Bangladeshis in Assam have become kingmakers: Gauhati High Court

http://www.hindu.com/2008/07/29/stories/2008072954921100.htm

 

 

Political will to free the State from illegal Bangladeshis, the need of the hour”

Guwahati: The Gauhati High Court has said that Bangladeshis in Assam had become the kingmakers and “a strong political will to free Assam from illegal Bangladeshi[s] is the need of the hour coupled with public activism in that direction.”

In his 95-page judgment and order passed on Friday, Justice B.K Sharma directed the police to immediately take into custody 49 of the 61 petitioners, who were declared as ‘foreigners’ by the court, and to keep them in police custody till their deportation. The respective Superintendents of Police have been asked to furnish report about the implementation of the direction.

The judgment and order was passed by the court while disposing of a total of 23 petitions moved by 61 petitioners after they had been declared as foreigners by the respective Foreigners’ Tribunals. The High Court upheld the tribunal judgments in most of the cases.

In voters’ lists

“Till now, the petitioners have been successful in avoiding the proceedings against them as well as their deportation from India. In the process, they have incorporated their names in the voters’ lists on the basis of which they must have cast their votes. Thus the petitioners and such other large number of Bangladeshis present in the State of Assam have a major role in electing the representatives both to the Legislative Assembly and Parliament and consequently, in the decision-making process towards building the nation. They have become the kingmakers,” the judgment stated.

The court has asked the State Home Department and the Director-General of Police to furnish report on the action plan towards detection and deportation of foreign nationals from Assam. The State government was also directed to furnish report on the action plan and the time limit within which the names of illegal voters in various voters’ list would be deleted. The court directed that all the reports be submitted on or before September 30.

Justice Sharma observed: “It is no longer a secret or in the domain of ‘doubt’ that illegal Bangladeshis have intruded every nook and corner of Assam, including forest land. In some of the cases, the petitioners themselves stated before the police during investigation that they were living in government and forest land. If reports are to be believed, they have even intruded upon the most sacred Xattra lands. Very often, they are protected by extending the protective lands of ‘secularism’ branding them to be Indian “minorities” in Assam. A strong political will to free Assam from illegal Bangladeshi[s] is the need of the hour coupled with public activism in that direction.”

The court warned that if the phenomenon continues, “the day is not far off, when the indigenous people of Assam, both Hindus and Muslims and other religious groups will be reduced to minorities in their own land and the Bangladeshis who are freely and merrily moving around the fertile land of Assam, will intrude upon the corridors of power.”

On the role of the Central and the State governments, the judgment and order stated that the foremost duty of the Central government was to defend the borders of the country, prevent any trespass and make the life of the citizens safe and secure. The State government was also equally responsible for taking effective measures to stop the unabated influx of Bangladeshi nationals to Assam threatening the very existence of the indigenous people in their own State. “Neither the Central government nor the State government can disown such solemn responsibilities, they being the protectors of the citizens.”

Sushanta Talukdar

Tuesday, Jul 29, 2008

www.hindu.com

 

Notice to Nagaland on jumbo ministry

http://timesofindia.indiatimes.com/India/Notice_to_Nagaland_on_jumbo_ministry/articleshow/3299722.cms

 

NEW DELHI: The Supreme Court on Monday sought the Nagaland government’s response to a PIL challenging the appointment of political secretaries and giving them the rank of ministers, which it said was done to accommodate all the MLAs of the parties in the coalition government led by Neiphu Rio.

Though Neiphu Rio heads a 12-member council of ministers, the petitioners alleged that he subverted the constitutional mandate of limiting the council of ministers to 15% of the total strength of the assembly by appointing 13 parliamentary secretaries with the rank of ministers.

The PIL, filed by Naga youth Chokriveyi Venyo and Chubatangit Jamir, asked: “Whether appointment of parliamentary secretaries by the chief minister and administering them oath of secrecy was in violation of the provisions of Article 164-1A of the Constitution?”

A Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam issued notice to the Nagaland government, the chief minister’s office and all the 13 parliamentary secretaries asking them to file their response to the PIL.

The petition, filed through counsel Kh Nobin Singh, said the constitutional amendment was enacted to curb jumbo ministries in the states that drain the already strained financial health.

29 Jul 2008, 0320 hrs IST,TNN

http://timesofindia.indiatimes.com

 

HC order exposes aliens’ modus operandi
http://www.assamtribune.com/scripts/details.asp?id=jul2908/at01


 GUWAHATI, July 28 – The two recent judgements of the Gauhati High Court ordering deportation of 50-odd illegal Bangladeshi settlers have laid bare the sinister modus operandi of the infiltrators who have easily managed to get their names entered in voters’ list, passports, and even exercised their “voting right” in elections. The court judgement orders, delivered by Justice BK Sharma, noted several common features in all the cases that had been used as a ploy to hoodwink the Government administration, police and even the court. The illegal Bangladeshis have made use of copies of voters’ list at random for indicating any name resembling theirs.

“It is very easy to pick up any voters’ list, find out names and particulars resembling theirs, obtain certified copies of the same and dump them to the writ court taking it for granted that the writ court will swallow the same, unmindful of requirement of Section 9 of the Foreigners’ Act-1946,” the court order stated. The petitioners did not discharge their burden of proof by adducing any evidence and/or proving the authenticity the photocopies of the documents, mostly voters’ list, the court noted.

Worse, as the hard-hitting court order stated, the Bangladeshis in question as also scores of others like them, “incorporated their names in voters’ list on the basis of which they must have cast their votes. Thus, the petitioners and such other large number of Bangladeshis present in Assam have a major role in electing the representatives both to the Legislative Assembly and the Parliament and consequently, in the decision-making process towards building the nation. They have become the king-makers,” the court order noted.

Another interesting feature of the cases is that barring three, the impugned judgements and orders (which the illegal Bangladeshis challenged in the High Court) passed by the Foreigners’ Tribunals were ex-parte. The petitioners did not respond to the proceedings before the Tribunals, which is a methodical ploy to prolong the proceedings on untenable grounds. The plea of non-receipt of notice was also untenable, as the court found out after verifying the matter with the Tribunals, that they had been served with notices, but in spite of that they did not appear before the Tribunals.

The court also expressed grave concern at the undue delay of the proceedings before the Tribunals, sometimes lasting 20 years, and said that the delay enabled the Bangladeshi nationals to collect more documents and even incorporate their names in the voters’ list. It also pulled up the State Government and the Centre, saying that even in the writ proceedings, no immediate response was shown either of the governments, causing long pendency of the cases.

On the status of the Bangladeshi influx, the court said, “It is no longer a secret or in the domain of ‘doubt’ that illegal Bangladeshis have intruded every nook and corner of Assam, including forest land. In some of the cases, the petitioners themselves stated before the police during investigation that they were occupying and living in government and forest land.

Reminding the governments of their “solemn responsibilities”, the court order said that neither the Centre nor the State Government can disown their foremost responsibility of defending the borders of the country, prevent any trespass and make the lives of citizens safe and secure.

Underscoring the need for a strong political will “unmindful of political gains” derived from the presence of illegal migrants, the court said that “it is the national interest and not the individual or political interest of any particular party, which must prevail under all circumstances.” It also referred to the Supreme Court verdict while quashing the IM (DT) Act, saying that a clear message had already been given by the apex court to be translated into action by both the State Government and the Centre.

Pointing out that the illegal migration from Bangladesh “not only affects the people of Assam but have the more dangerous dimension of greatly undermining our national security”, the court observed that “mistaken and misconceived notion of secularism” should not be allowed to hamper the detection and deportation process of illegal settlers.

By A Staff Reporter

www.assamtribune.com

 

India Supreme Court Considering Constitutionality of Haj Subsidy

http://religionclause.blogspot.com/2008/07/india-supreme-court-considering.html

On Monday, India’s Supreme Court set for hearing a lawsuit by former BJP member of parliament Praful Goradia challenging the constitutionality of the government subsidy given to Muslims going on Haj. IANS reported that a government affidavit supporting the subsidy argues that the Haj has secular foreign policy and foreign relations elements. It said that friendship with foreign countries, including Arab countries, is an aspect of the country’s foreign policy. Indian Muslims on Haj “promote international goodwill and understanding”. Goradia, on the other hand, claimed that a subsidy for Muslims, without similar subsidies for Hindus, Christians, Buddhists and Sikhs, is discriminatory. (See prior related posting.)

Tuesday, July 29, 2008

http://religionclause.blogspot.com

 

HC orders deportation of 50 illegal Bangladeshis in Assam

http://www.hindu.com/thehindu/holnus/002200807291701.htm

Guwahati (PTI): The Gauhati High Court has ordered the deportation of 50 illegal Bangladeshi settlers and rapped the government for failing to stop the infiltrators from getting their names entered in voters’ list.

Justice B K Sharma, disposing of writ petitions filed by the infiltrators, in two orders last week noted that there were several common features in all the cases that had been used as a ‘ploy’ by the infiltrators to hoodwink the administration, police and even the court.

Justice Sharma pulled up both the state and central governments for “showing no immediate response even in the writ proceedings, causing long pendency of the cases.

“Neither the Centre nor the state governments can disown their foremost responsibility of defending the borders of the country, prevent any trespass and make the lives of citizens safe and secure”, the Judge stated.

Tuesday, July 29, 2008

www.hindu.com

Going all out to restore medical college seats: State tells HC

http://timesofindia.indiatimes.com/Nagpur/Going_all_out_to_restore_medical_college_seats_State_tells_HC/articleshow/3300021.cms

NAGPUR: The state government has informed the Nagpur bench of Bombay High Court that it was making all out efforts to restore 40 MBBS seats of Indira Gandhi Medical College and Hospital (IGGMC ). It has not only forwarded a proposal to Centre but also applied to Medical Council of India (MCI) for reinspection of facilities.

Additional government pleader Bharti Dangre told this to a division bench comprising Justices Dilip Sinha and A P Bhangale on Monday. The court was hearing a petition on shoddy state of affairs regarding infrastructure and facilities at the Government Medical College (GMC) and IGGMC.

AGP Dangre further informed the bench that the government had sanctioned a grant of Rs 10 crore to IGGMC for improvement of basic infrastructure and facilities.

The TOI had reported on July 24 that chief minister Vilasrao Deshmukh and state minister for higher and technical education Dilip Walse Patil had started efforts to get back the 40 seats cancelled by the Medical Council of India and had sent proposals to Union Health Ministry headed by Dr Anbumani Ramadoss. The seats were cut down for want of required infrastructure.

Earlier, amicus curiae in the case Jugal Kishor Gilda pointed out to the court that the government last year had assured to fulfill all basic facilities in IGGMC within two months. However, even after a year nothing had been done. The MCI slashed the seats as a result, he said.

Gilda also informed that for modernisation of IGGMC, the government had invited tenders on Built Operate and Transfer (BoT) basis and even inked an agreement with Maytas Infrastructure Limited.

In reply, the AGP informed that modernization proposal had been put on hold for the moment due to violation of norms laid down by the government . The government had formed an official committee to examine all aspects of the project and report to the government.

The court, after hearing arguments from both sides, asked the government to come clear on exact efforts being made to restore the 40 MMBS seats. It also wanted to know when the MCI would conduct re-inspection of IGGMC.

29 Jul 2008, 0657 hrs IST,TNN

http://timesofindia.indiatimes.com

Jessica murder case: HC refuses to stay perjury proceedings

http://timesofindia.indiatimes.com/Delhi/Jessica_murder_case_HC_refuses_to_stay_perjury_proceedings/articleshow/3299596.cms

NEW DELHI: Delhi High Court on Monday declined to stay perjury proceedings against actor Shayan Munshi and 21 other witnesses who turned hostile in the Jessica Lall murder trial.

A division Bench headed by justice B N Chaturvedi refused to stay perjury proceedings and posted the matter further to November 2008 even as advocates for the witnesses argued that how could they be charged with perjury or ‘‘deliberately deposing falsely” in the trial court, in case the apex court acquits the accused on the basis of the statements of these witnesses.

Pleading that HC defer the proceedings if not stay them indefinitely, lawyers appearing for the witnesses argued before the court seeking relief on their client’s behalf on Monday. Urging the Bench that it adjourn the matter permanently till SC verdict instead of giving a future date, the advocates persisted, saying that since SC was yet to fix the date for hearing Manu Sharma’s appeal, HC could grant them relief in this form that it postpone the matter sine die.

But the court wasn’t convinced by their arguments and preferred to post the case now for November 11.

Earlier, a bench comprising justice R S Sodhi and justice P K Bhasin had turned the heat on the hostile witnesses after convicting Manu Sharma, Vikas Yadav and Amarjeet Singh Gill on December 18, 2006 for the murder of model Jessica Lal.

In the judgement, the high court bemoaned the phenomenon of witnesses turning hostile and decided to show cause to those who resiled from their statements saying that why they should not be charged for perjury and punished.

29 Jul 2008, 0232 hrs IST,TNN

http://timesofindia.indiatimes.com

Apply percentile to one institute, not boards: HC

http://www.dnaindia.com/report.asp?newsid=1180400

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The arguments against the feasibility of the percentile system  heated up in Bombay High Court on Monday as the state government made attempts to defend the system, but the judges seemed far from convinced. “You cannot apply percentile to different boards. It can be applied to one institute otherwise the purpose of percentile will be defeated,” said Chief Justice (CJ) Swatanter Kumar.

However, additional government pleader Jyoti Pawar submitted an affidavit to the court stating that the percentile system was introduced to clear the disparity between the marks of students belonging to different boards at the time of giving admissions.

Citing the example of DG Ruparel College, Pawar said that until last year hardly any students from the SSC board were able to get admission in the vocational courses in the Science stream. She added that because of the percentile system 15 of the 20 seats have been begged by SSC students this year.

“We have some right to frame a policy for our students”, she said. “It is absolutely essential to apply the percentile formula as there is bound to be variations amongst the marks obtained by the students from different boards” the state government affidavit stated.

Pawar, who submitted the lists of students from different boards and the variation in their scores, also said that the ICSE students would have an advantage at the time of seeking admission as the best five scores of the seven subjects were taken for calculating their percentage.

ICSE counsel Raju Subramaniam, however, said that the ICSE mark sheet showed the scores of all seven subjects and mentioned only total marks and not the percentage.
CJ Kumar and Justice AP Deshpande also sought to know if a student could lose his chance to get admission.

Pawar, however, said that so far the state government’s education department had received no such complaint. She also claimed that as the CBSE board had not come before the court, they had no grievance against the system.
j_mayura@dnaindia.net

Mayura Janwalkar

Tuesday, July 29, 2008  03:19 IST

www.dnaindia.com

 

HC: Why no ads to Tamil dailies

http://courtverdict.blogspot.com/2008/07/hc-why-no-ads-to-tamil-dailies.html

 

CHENNAI: Why did you stop releasing advertisements all of a sudden to the Tamil newspapers Dinakaran, Tamil Murasu and Tamil Osai, the Madras High Court has asked the government.

When the writ petitions from the newspapers came up for hearing on Monday, Justice A Kulsekaran raised the above question.

It was well known that the advertisements had been stopped to these papers, the judge said and directed the counsel to obtain instructions from the government and to inform the court on August 5.

Earlier, in its counter-affidavit, the director of Information & Public Relations submitted that no newspapers could claim any right for release of government advertisements.

Petitioners were not entitled under any law to seek or compel the government to issue ads. There was no malice or arbitrariness on the part of the government, the counter said.

It added that the ads were being released to the papers in question keeping in view of the government’s advertisement policy and the availability of funds. There was no discrimination against the petitioners.

Courtesy_
http://www.newindpress.com

Tuesday July 29 2008 00:32 IST

Express News Service

http://courtverdict.blogspot.com


Media and Judiciary mutually complimentary’

http://www.newindpress.com/NewsItems.asp?ID=IER20080729001553&Page=R&Title=Kerala&Topic=0

KOLLAM: Both the media and the judiciary are mutually complimentary, former judge of the Supreme Court Justice K.T.Thomas said. Inaugurating a seminar on Media and Judiciary, organised by the Kollam Bar Association as part of its centenary celebrations here on Monday, he said that if the media and democracy was not dynamic, democracy would crumble. India is indebted to media for its disclosures. But in certain cases, over-publicity had led to miscarriage of justice. But media cannot be criticised for this, he said. When incidents get misinterpreted, it is the duty of the judicial officer to insulate himself from the influences of the media, he said. There are occasions when the judicial officers also get influenced by the media reports. But the judicial officer should give importance to the proof, he said.

In the sensational Panoor Soman case, even the scientific evidence produced by the CBI stressed the view that it was a murder. But the full bench of the High Court had a different opinion and acquitted the six policemen accused in the case. But to their relief, in six months time the court got the opportunity to convince itself beyond doubt that it was a case of suicide, he said.

Justice Thomas said that the judicial officer should have attained the proper training for the judicial process. If the media got weakened it would lead to the crumbling of the society. He said that autocrats always infringed the freedom of the press and judiciary.When Hitler became the Chancellor of Germany, he infringed the freedom of the press and judiciary. When Indira Gandhi imposed emergency, she imposed press censorship. 253 journalists were arrested. Foreign correspondents, such as Mark Tully, were banned from coming to India. Many of the High Court judges were transferred to far off places. Justice H.R.Khanna was denied the post of Chief Justice, he said.

Veteran journalist K.M.Roy said contempt of court proceedings against journalists should be abolished. In many western countries media has the right to criticise the court. Since the newspaper industry became a business, journalists had to compromise to a certain extent, he said. IG of Police B.Sandhya said that the media was causing a hoax call wave in view of the bomb threats in the state. She said when people having terrorists links were booked and interrogated the media had created a hulla baloo and caused problems to the police. But the same people are booked in other states alleging terrorist links.She criticised the media for exposing the identity of victims in sexual harassment cases and cases involving juvenile criminals. She said that while the community policing had received widespread support from the public, the electronic media was trying to depict it in poor light. Manager of Deshabhimani daily K.Varadarajan was the moderator.

Tuesday July 29 2008 10:37 IST

Express News Service

www.newindpress.com

 

Daily Legal News for 29.07.08

Verdict on ‘Beer Man’ likely on June 27
http://sify.com/news/fullstory.php?id=14699027
Mumbai: A sessions court is expected to deliver its judgement in the case on alleged serial killer Ravindra Kantrole, famously known as the ‘Beer Man’ on June 27.
The Sewree sessions court will deliver its judgement in one of the three murder cases registered against Kantrole.
Kantrole was arrested on February 5, 2007 for allegedly murdering three of the seven men found dead in south Mumbai under mysterious circumstances between October 2006 and February 2007.
“The prosecution had no substantial evidence or witness against Kantrole except the testimony of one witness-assistant chemical analyser Sunny Joseph of Kalina’s Forensic Science Laboratory,” Kantrole’s lawyer Sushan Kunjuraman told PTI.
Joseph had performed scientific tests on Kantrole.
However, Joseph in his final psychological evaluation report concluded that the polygraph and brain-mapping tests did not show Kantrole’s involvement in the case.
Kunjuraman further said that Kantrole has been falsely implicated in all the three cases.
Friday, 20 June , 2008, 16:19
http://sify.com

Vodafone amends writ petition filed against IT
http://www.business-standard.com/india/storypage.php?tp=on&autono=40447

Vodafone, which has challenged the $2-billion tax demand by Income Tax department, has now sought the change in tax law should not be applicable to the company. The petition comes up for hearing at the Mumbai High Court on Monday (June 23, 2008).
In the previous budget proposal, the ministry had amended Section 201 of the I-T Act, with retrospective effect from 2002. The amended law stipulates that the buyer of the shares is also liable to pay taxes in India.
“Pursuant to the order passed by the Mumbai High Court, in the last hearing of the Vodafone tax case, the company has amended its writ petition challenging the constitutionality of the retrospective amendment of the changed tax law. The revised writ was submitted to the high court on June 12, 2008,” the company said in a statement here today.
The court has now permitted a week thereafter, for the Tax Office to respond, it said.
The I-T department had sought capital gains from the sale of Hutchison’s 66 per cent stake in Hutch-Essar to US-based telecom major Vodafone for $11 billion in 2006. This was challenged by Vodafone, stating that the seller is liable to pay taxes in India, and not the buyer.
The amendment will not go against Vodafone and now the company has amended its earlier writ petition filed with Mumbai High Court and has sought that it should be exempted from this amendment.
BS Reporter / Mumbai June 20, 2008, 16:56 IST
www.business-standard.com

UP cops want to quiz judges in PF swindling scam
http://www.saharasamay.com/samayhtml/articles.aspx?newsid=101012

Ghaziabad, June 20: In perhaps the first such move, Uttar Pradesh police have sought permission from the Chief Justice of India as well as from the Allahabad High Court to ‘investigate’ some serving and retired judges in the alleged siphoning of Rs seven crore from the Provident Fund account of Ghaziabad district court employees.”We are seeking the permission of the Supreme Court and the High Court to question the judges and when we get the permission we will start the investigations,” said SSP Ghaziabad Deepak Ratan.The scam came to light in February this year with the arrest of Ashutosh Asthana the administrative officer of the district court in Ghaziabad. Asthana, who is now in jail, has reportedly confessed to misappropriation of funds from the general provident fund accounts to the tune of Rs 7 crore.Asthana has named 36 judicial officers as recipients of the favours from the money thus withdrawn, sources said. He alleged that he bought some judges expensive gifts including LCD television sets, fridges, washing machines, furniture, jewellery, mobiles and even gave them cash.Asthana was produced in the court last month where he reportedly disclosed about some judges being also involved in the scam.As many as 89 persons were made accused in the case on the direction of Allahabad High Court after serving Additional Judge (CBI) Rama Jain lodged a complaint at Kabi Nagar police station here.
Posted at Friday, 20 June 2008 09:06 IST
www.saharasamay.com

No family business in the Gujarat High Court, demands Advocates’ Association
http://www.expressindia.com/latest-news/No-family-business-in-the-Gujarat-High-Court-demands-Advocates-Association/325074/

Ahmedabad, June 19 On Thursday, the Gujarat High Court Advocates’ Association drew up a resolution requesting the Chief Justice of India to transfer all judges of the Gujarat High Court whose kith and kin are practicing in the same court.
The copy of the resolution available with the Indian Express, further states, “…any judge who is transferred from another High Court to Gujarat High Court should also be transferred out if his/her kith and kin starts practice in the same court after his/her transfer to the Gujarat High Court.” The resolution also authorises the President/Secretary of the Bar to make appropriate representation in this regard, in consultation with five Bar members.
The resolution adds, “The Honourable Chief Justice of India and his companion Judges in the Collegiums – Honourable Justice B N Agrawal, Honourable Justice Ashok Bhan and Honourable Justice S H Kapadia — be requested in the form of a prayer to immediately transfer all Honourable judges of the Gujarat High Court who fall within the category as mentioned herein.”
In his letter calling the meeting, Yatin Oza, the President (elect) of the association had stated, “In furtherance of the goal apropos the letter of Mr. Mihir Joshi, Senior Advocate dtd. 27.03.08, it is necessary that complete purity in the administration of justice be achieved.
“In his strongly worded letter to the Advocate General, Kamal Trivedi, and the President of the association, K J Shethna, which has sparked off an intense debate, the then Additional Advocate General, Mihir Joshi, had raised questions about the conduct of affairs in the High Court and the `integrity of the judges’.
Express News Service
Posted online: Friday , June 20, 2008 at 10:40:00
Updated: Friday , June 20, 2008 at 10:40:00
www.expressindia.com

De-addiction centres: HC issues direction to TN govthttp://www.indlawnews.com/Newsdisplay.aspx?06ce3ec5-9174-48a1-9f6c-e1236209837f
The Madras High Courthas directed the Tamil Nadu Government to consider and dispose of a petition filed by Pattali Makkal Katchi (PMK) Women’s Wing President Nirmala Raja regarding running of the State-owned TASMAC liquor shops and starting de-addiction centres in the State. Disposing of the petition, the First Bench, comprising Chief Justice A K Ganguly and Mr Justice Ibrahim Kalifullah, directed the Secretary to the Government, Prohibition and Excise, to consider the petition within six weeks. The petitioner submitted that the Government, which was running TASMAC shops all over the State, had asked the shops to increase its revenue target. As youngsters would be affected by this move, the Government should reduce the number of such shops, she said, adding that the Government should open more de-addiction centres across the State.Her representations to the Government have fallen on deaf ears and the Government had not initiated any action in the matter, she submitted, praying for a direction to the Government in this regard.When the matter came up for final hearing today, Public Prosecutor Raja Kalifullah submitted that the Government had set up 50 de-addiction centres throughout the State and proposed to start such centres in more areas. The Bench recorded the Public Prosecutor’s submissions and disposed of the petition. UNI
6/19/2008
www.indlawnews.com

Mosquito: HC unhappy over stepshttp://www.newindpress.com/NewsItems.asp?ID=IEQ20080620234815&Page=Q&Title=Orissa&Topic=0
A division bench of the Orissa High Court on Friday expressed dissatisfaction over execution of measures undertaken to maintain sanitation and health and contain mosquito menace in Cuttack.The bench comprising Justice BP Das and Justice MM Das directed district health wing to submit within two weeks a report on the steps taken. The next hearing on this will be held on July 9.The Advocates’ Committee, constituted by the HC, had submitted a report stating that Cuttack Municipal Corporation’s measures were not up to mark.The HC has also asked the Secretary, Urban Development Department to submit a report specifying what measures have been taken to preserve waterbodies.
Saturday June 21 2008 10:47 IST
Express News Service
www.newindpress.com
Youth held for suicide bid before HC judgehttp://www.newindpress.com/NewsItems.asp?ID=IET20080620225843&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0
MADURAI: A man created flutter at the Gandhi Memorial Museum when he attempted suicide in front of a High Court judge during a function organised here on Friday.The incident created distress among visitors, including foreigners. The centenary celebration of the book ‘Hind Swaraj’, written by Mahatma Gandhi, was organised at the library hall and the function was presided over by former vice-chancellor Kulanthaivel.When High Court Judge Praba Sridevan stood up for the felicitation, a youth, aged around 30, stormed into the hall and attempted to commit suicide by pouring kerosene over his body.A tense situation prevailed in and around the museum. Meanwhile, the audience who witnessed the incident, informed Tallakulam police who rushed to the spot and arrested the youth.During police interrogation, the youth, Maduraiveeran of Karumbalai, said that he was the son of Muniyandi, an employee of the museum who died in harness, Maduraiveeran had applied for the job on compassionate grounds but it was not entertained by the museum officials.Tallakulam police have registered a case and are investigating it.
Saturday June 21 2008 10:47 IST
Express News Service
www.newindpress.com
HC sets precedent, decides to re-examine convict
http://timesofindia.indiatimes.com/Kolkata_/HC_sets_precedent_decides_to_re-examine_convict/articleshow/3150568.cms

KOLKATA: Calcutta High Court set a precedent on Friday by agreeing to re-examine a convict after his lawyer pointed out that the trial court’s cross-examination had been “defective”. Usually, in such cases, the HC entrusts the re-examination with the trial court. A division Bench of Justice Girish Chandra Gupta and Justice K K Prasad directed the Behrampore Correctional Home superintendent to produce Nikhil Mondal – serving a life sentence for allegedly driving his wife Patobala to suicide – on July 11 for re-examination. The Bench issued the directive acting on an appeal by Mondal’s counsel Partha Sarathi Bhattacharya. Patobala’s father Naresh Mondal lodged an FIR in July 1989 against Nikhil and his parents, complaining that she had been physically and mentally tortured for dowry. On July 3, 1989, Naresh was informed that his daughter had committed suicide by hanging her-self. Holding his son-in-law and his mother responsible for his daughter’s death, Naresh complained that Patobala took her life after she was unable to bear the torture. A case was lodged against Nikhil and his mother. Nikhil’s mother died while the case was being heard in the trial court. After the trial, the Malda additional sessions judge convicted Nikhil and sentenced him to life in prison. Nikhil appealed against the trial court’s judgment in Calcutta High Court. In course of hearing the appeal, Nikhil’s counsel Partha Sarathi Bhattacharya pointed out that his client’s examination by the trial court, under Section 313 of the CrPC, was “defective”. Bhattacharya argued that his client was not questioned at the end of the trial about the evidence of the autopsy surgeon and the investigating officer, and was thus denied a chance of defend himself. The court accepted Bhattacharya’s argument and wanted to re-examine the Nikhil.
21 Jun 2008, 0418 hrs IST,TNN
http://timesofindia.indiatimes.com
HC first: bench to quiz lifer
http://www.telegraphindia.com/1080621/jsp/bengal/story_9442676.jsp
Calcutta, June 20: The high court will directly question a lifer who has spent 19 years in jail, the first time the appellate authority has decided to do so.
When convicts appeal a trial court order, high court judges usually confine themselves to going through the case papers and hearing lawyers from both sides before delivering their verdict.
But while hearing Nikhil Mondal’s appeal today, the division bench of Justices G.C. Gupta and K.K. Prasad felt the questions that the Malda additional sessions judge had put to him were inadequate. So they decided to question the convict, in jail since 1989.
Nikhil had been imprisoned for abetting his wife’s suicide. A resident of Harishchandrapur in Malda, 325km from Calcutta, he had married neighbour Potobala in 1986. Three years later, her father alleged that his son-in-law had driven his daughter to death.
He also alleged that Nikhil had started torturing Potobala for more dowry days after their marriage. “Unable to bear the regular torture, she drank poison,” the father said.
Before delivering his verdict in March 1993, the trial judge had questioned Nikhil for three days.
“But the questions were inadequate and improper. The judge never tried to find out his motive for abetting the suicide,” said Nikhil’s lawyer Partha Sarathi Bhattacharya.
The division bench went through the records containing the trial judge’s questions and Nikhil’s answers and felt that Bhattacharya’s submission had merit.
The superintendent of the Malda Correctional Home has to appear in court with the lifer on July 11.OUR LEGAL REPORTER
www.telegraphindia.com
HC dismisses PIL against Nandigram OC
http://www.expressindia.com/latest-news/HC-dismisses-PIL-against-Nandigram-OC/325704/

Kolkata, June 20 The Calcutta High Court dismissed a public interest litigation (PIL) on Friday, filed against Nandigram police OC Debashis Chakraborty.
A Division Bench of Chief Justice S S Nijjar and Justice Pinaki Chandra Ghose observed that the allegations against Chakraborty were general in nature and not specific. The Bench pointed that the petitioner,
Asit Roy, had levelled the allegations against Chakraborty on the basis of newspaper reports. Hence, the Bench could not pass an order and the petition could not be treated as a PIL.
Roy is a social worker and a member of the All India Legal Aid Forum. Appearing on behalf of Roy, advocate Indranath Mukherjee moved the plea that Chakraborty had framed several people in false criminal cases.
“In spite of being in an important position, he had harassed the general public and tortured them. But his superiors had not taken any step against him,” he said. Mukherjee also said that Chakraborty should be transferred and the court should order an investigation into his “illegal” acts.
State counsel Advocate-General Bolai Roy said: “The petition
was not maintainable. So, the question of transferring the OC does not arise.”
After the hearing, Roy said that he will file a petition in Supreme Court challenging the High Court order.
Express News Service
Posted online: Saturday , June 21, 2008 at 01:30:03Updated: Saturday , June 21, 2008 at 01:30:03
www.expressindia.com

Now, lawyers seek HC name change
http://www.dnaindia.com/report.asp?newsid=1172552
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Politics aside, the name change bug has now bitten lawyers of Bombay High Court. The Advocates Association of Western India (AAWI) held a special general body meeting on Friday to discuss a resolution moved by a lawyer proposing that Bombay High Court be recognised as High Court of Maharashtra.
The proposal mooted by advocate VP Patil is backed by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, which had, in 1960, modified the title of ‘High Court of Bombay’ to ‘High Court of Maharashtra’.
The 1960 order had modified the Bombay Reorganisation Act, thereby replacing Bombay with Maharashtra in titles like ‘State of Bombay’, ‘Governor of Bombay’, ‘Government of Bombay’ and ‘High Court of Bombay’. While the other name changes came into effect from May 1, 1960, the change in HC’s name was never implemented.
On Friday, nearly 100 members of AAWI attended the meeting to discuss the name change proposal. “Noting the relevance of the subject, we have decided to frame a proper resolution, requesting the Central government to consider the name change for the HC,” AAWI president Shankar Thorat told DNA. The redrafted resolution would be presented before the members during the next AAWI meeting.
Patil’s request seeking a name change for the HC is not the first. In May, Shiv Sena leader Uddhav Thackeray had also stated that the HC should be recognised as High Court Maharashtra owing to the 1960 order. The party had said that it was considering filing a public interest litigation in the HC on the issue.
Former police officer Sachin Vaze also wrote a letter to Chief Justice Swatanter Kumar, citing the 1960 order and pointing out that as per an amendment in Article 168 of the Indian Constitution, the word ‘Bombay’ has been replaced with ‘Maharashtra’.
Anshika Misra
Saturday, June 21, 2008 03:08 IST
www.dnaindia.com

HC lays pitch for cricket stadium
http://www.telegraphindia.com/1080621/jsp/jharkhand/story_9442039.jsp
Ranchi, June 20: Jharkhand High Court today gave its assent for the construction of an international cricket stadium on Heavy Engineering Corporation (HEC) land.
The Jharkhand State Cricket Association (JSCA) will construct the stadium for improving the standards of cricket in the state and projecting the capital as a venue for international matches.
The decision of the high court comes as a big relief for the JSCA, which has been trying for long to acquire Heavy Engineering Corporation’s land for the stadium. However, the cricket association would be paying double the price than an earlier proposal for the land.
HEC had proposed leasing 31.70 acres to the JSCA for the stadium. The land, at Tiril village, was to be leased for Rs 7.5 crores. According to the deal, JSCA was to pay HEC about Rs 25 lakh for an acre.
In today’s directive, the court asked JSCA to pay Rs 50 lakh per acre of HEC land. The court directed the cricket association to also pay an annual rent of Rs 1 lakh to the ailing PSU. HEC will also be given 5 per cent of the proceeds from sale of tickets to matches in the proposed stadium.
The matter had come up before the high court when JSCA filed a petition seeking permission to use HEC land for a stadium. HEC was under heavy losses and its case was in court. The company was ready for the deal but the state government had delayed taking a decision.
Today, the court said Heavy Engineering Corporation need not go to the government for permission to give the land for the stadium.
The proposed arena will evolve as a mega sports complex and house a cricket academy, counsel for HEC said. It will also have centres for development of other sports, the counsel added.

CHANDRAJIT MUKHERJEE
www.telegraphindia.com
HC Bench refuses to interfere
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7B36B0DB89-6BE8-4F48-8923-F22846C82B40%7D&CATEGORYNAME=CHN
Madurai, June 21 The Madurai bench of the Madras High Court on Friday refused to interfere in the suspension of a councillor of Pattukottai Municipality by its Chairperson during the council meeting following the councillor’s troublesome behaviour. Dismissing petitions filed by 17 councillors of the Municipality, Justice P Jyothimani said the Chairperson would have acted according to the situation prevailed during the meeting and the court could not interfere.
It was not possible for the court to go into validity of decisions taken at the meeting. Prerogative power of chairman to suspend the councillor was exercised in the best interests of democratic principles, but it should also preserve decency, order and decorum of the council, the Judge said.
The petitioners submitted that there were 33 councillors in the municipality. The chairperson of the ruling party Priya Ilango suspended councillors with ulterior motive of passing the agenda whenever she did not have majority. She did it more than twice, the petitioners said.
On December 31 last year, the Chairperson suspended one counciller ‘with ulterior motive’ of passing resolutions. There was a tie with 16 councillors for it and 16 against it. The chairperson voted twice, once as chairperson and another time as councillor.
Drawing comparison with Lok Sabha, the petitioner’s counsel said the chairperson could not vote twice and could vote only once in case of tie.
The Judge said “I do not think that either the Chairman of the Rajya Sabha or Speaker of Lok Sabha could be compared with a Municipal Chairperson. Parliament was involved in law making process in the country where as it was not the case of local bodies’, he said.
Published: Saturday, June 21, 2008
www.chennaionline.com
Govt tells SC: Sahara razed its own structure
http://www.expressindia.com/latest-news/Govt-tells-SC-Sahara-razed-its-own-structure/325721/

Lucknow, June 20 The Uttar Pradesh government moved the Supreme Court on Friday challenging the Allahabad High Court’s order that had stayed the demolition of Sahara Group’s commercial property Sahara Sahar. The apex court will be hearing the matter next week.
Though the government hurriedly approached the apex court on Friday, calling the Allahabad High Court’s order “legally unsustainable”, the Supreme Court refused to give the complaint an urgent hearing. The Vacation Bench of Justices Arijit Pasayat and G S Singhvi made it clear it would take up the matter only after June 23.
The Lucknow Development Authority has contended that the Sahara India Commercial Corporation Limited (SICCL) had flouted the mandatory provisions of the UP Urban Planning and Development Act, 1973 and raised unauthorised constructions over carved zonal roads without its permission.
The LDA told the court the “the illegal acts of the company deprived the common people from free access to the area”.
The Special Leave Petition filed through advocate G Venkateswara Rao further alleged that Sahara had approached the Allahabad High Court “concealing vital facts so as to succeed in its evil design of grabbing public property.”
The government said the company on June 13 had agreed to remove certain encroachments on both zonal roads — which are a part of the Masterplan 2021.
The government also said the Sahara group had itself demolished the encroachments after 10.30 pm on June 17 — using its own people and machinery.
The LDA officials said it had leased 130 acres of land to the company for residential and commercial purposes in October 1994 and 140 acres for the green belt in 1995.
The state government has appealed to the Supreme Court after the Allahabad High Court rebuked the LDA for demolishing the outer walls, the auditorium and the watchtower of Sahara Sahar without prior notice.
The court also asked the government to restore possession of the land to the company, after the Sahara Group knocked at its doors.
HC: Three-day extension to stop demotion at nightA DIVISION Bench of the Allahabad High Court on Friday extended for three days the deadline for compliance of its interim order, which directed the state government not to carry out any demolition work after 5 pm and before 9 am.On Thursday, a Bench comprising Justices D P Singh and Bal Krishna Narain had ruled that no demolition work should be carried out during the night. The court had sent a copy of the order to the chief secretary, asking him to issue circulars in this regard and submit the compliance report within 24 hours. This was in response to a petition filed by Sahara India Commercial Corporation Limited, in connection to the demolition of parts of its property Sahara Sahar.On Friday, Advocate General Jyotindra Mishra requested the Bench to suspend the interim order as the state government has filed a special leave petition in the Supreme Court. Mishra also stated that the chief secretary could not comply with the order as he was out of station. The Bench refused to suspend the interim order, but extended the time period for compliance and scheduled the next hearing for the week commencing on June 30.
Express News Service
Posted online: Saturday , June 21, 2008 at 02:02:04Updated: Saturday , June 21, 2008 at 02:02:04
www.expressindia.com

Privacy in a transparent world
http://economictimes.indiatimes.com/Guest_Writer/Privacy_in_a_transparent_world/articleshow/3292320.cms

The right to privacy is one of the fundamental rights recognised the world over. We find special references to privacy in ancient Greek and Chinese literature. In their article on ‘Global trends in privacy protection’, David Banisar and Simon Davies have chronicled privacy law in as many as 53 countries in the world. Unfortunately, otherwise not short of laws, India singularly lacks a law on privacy. The absence has become all the more conspicuous due to the enforcement of the Right to Information Act, 2005 (the RTI Act). In view of the vacuum on privacy law, the Central Information Commission (CIC) is increasingly faced with balancing the right to information of the requester with the right to privacy of the concerned parties, both in cases of personal and business information. The CIC is clear that though there is no specific law, it is legally recognised that privacy is inviolable unless there are good and sufficient reasons to disclose, as the concerned party may suffer incalculable and irretrievable harm by unjustified disclosures. Section 8(1) (j) of the RTI Act does protect disclosure of personal information unconnected with any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual. The clause goes on to lay down that the disclosure of personal information and invasion of privacy may be justified if the larger public interest so warrants. In addition to the specific privacy clause, personal information is also protected under some other exemptions of Section 8 of the RTI Act. The CIC is categorical that income-tax returns, PAN numbers, details filed for tax determination, bank accounts, sources of funds, partnership details, plan to run dealership and so on are all matters protected under some or all concerned exemptions of the RTI Act. The bottomline is, as the CIC explained in A L Mehta vs CBDT that “protection of personal information, especially of a third-party, is a valuable privilege which should not be lightly done away with or diluted”. The CIC, however, is clear that any activity of a public servant in his official capacity should be revealed to the public. Thus there is nothing secret about service matters like appointment, confirmation, upgradation, suspension-revocation, postings, calculation of pension, details of leaves and tours. Similarly, it has been held that selection to a post is a public activity and educational, technical and experience certificates of selected candidates must be shared. Though initially there was division of opinion in the CIC on putting property returns of officers in the public domain, the current case law favours the disclosure. Privacy is a double-edged sword. Since government servants have the right to keep their personal information protected, they are themselves barred from accessing the same if the disclosure serves no public purpose. The state is the repository of huge personal and commercially critical information of individuals as well as of commercial entities. Technological advances, globalisation and liberalisation have increased such records manifold. India is fast joining the club of nations where such information exists in significant volume and is being increasingly demanded. Additionally, India is becoming a leader in business process outsourcing and large amounts of personal information from other countries are flowing into India. Majority of the RTI requests are disposed of by the Public Information Officers (PIOs) and Appellate Authorities and hardly a fraction reaches the CIC. We also have to appreciate that there are innumerable PIOs at different levels of hierarchy with varying ability to appreciate law and facts. It is not difficult to anticipate the vast difference in their level of understanding of the RTI Act and their accessibility to the decisions of the commission. We also have to appreciate that PIOs are required to consult the concerned party (called as the third-party under the RTI Act) in five days of receipt of application. And as they are under the threat of penalty payable from their pocket, the tendency is to ignore the invisible third party and release the information. The confusion has the potential of getting further compounded as state information commissions are independent in interpreting the RTI Act. It is, therefore, not possible to even expect uniform standards or common minimum understanding among all information providers and adjudicators. It needs to be appreciated that privacy is as much a fundamental human right as is the right to information. The only way we can protect and respect the integrity of personal information is to enact a separate legislation on privacy. This legislative intervention is necessary so that the reputation and feelings of concerned parties are not jeopardised and at the same time legal complications and resultant litigation are minimised.

28 Jul, 2008, 0121 hrs IST,Prabodh Saxena ,
http://economictimes.indiatimes.com

Tenant bound to vacate premises for owner`s personal use: HC

http://www.zeenews.com/articles.asp?aid=458565&sid=NAT

New Delhi, July 28: A tenant cannot refuse to vacate rented premises on a rent controller’s order even if the landlord or the landlady who wants to evict him and use the property for personal use dies during the process, the Delhi High Court said on Monday. The court’s observations came in connection with a banker’s plea to allow him to occupy rented premises as its original owner – who wanted it for personal use – had died last year. The court ruled that an elderly landlord who suffers from various ailments and is not able to climb stairs has a “bonafide need” and is legally entitled to ask the tenant to vacate the ground floor for his own living. Upholding an order passed by Additional Rent Controller (ARC) asking Sahu Basheshar Dayal Bankers to vacate the first floor premises of Sujata R Nath, the land lady who died last year, Justice Shiv Narayan Dhingra said “the bona fide or genuine requirement of a landlord/lady has to be assessed keeping in view the peculiar facts and circumstances”. Dismissing the banker’s petition challenging the ARC’s order, Justice Dhingra said “the order of ARC does not suffer from any infirmity and neither is it based on wrong premises of law…” The court was hearing a petition filed by the bankers that the ARC’s order deserved to be vacated as the landlady died last year. Bureau Report
www.zeenews.com

HC upholds life term for sailor’s murder

http://timesofindia.indiatimes.com/Delhi/HC_upholds_life_term_for_sailors_murder/articleshow/3292399.cms

NEW DELHI: A seaman who killed a colleague aboard a cargo ship 12 years ago has failed to get any relief from the Delhi High Court which has upheld the life imprisonment awarded to him. “We find no reason to arrive at a finding different from the one recorded by the trial court in regard to the complicity of appellant in committing the murder of L Shiv Ramanan on board,” a division bench comprising Justices B N Chaturvedi and G S Sistani said, while rejecting Manderam Langeswaran’s appeal against the trial court’s decision. According to the prosecution, both Langeswaran and the deceased were working as helmsmen/seamen on a cargo ship motor vessel “Lok Prem” owned by the Shipping Corporation of India which was charted by a South African private company for carrying chrome alloy. On November 30, 1996 the ship was en-route from South Africa to Japan via Singapore. Suddenly, before reaching Singapore the auto-controls of the ship became dysfunctional and the repair work could not be carried out due to non-availability of a technician on board, the police said. Shiv Ramanan had asked Langeswaran and another colleague M Y Talgharka to manually steer the ship but both of them showed their reluctance to do so. Following which, both the convict and the deceased had got into a fight leading to the murder of Ramanan. Langeswaran killed Shiv Ramanan out of vengeance and confessed the crime before Kalyan Singh, the second officer of the ship, while handing over a blood-stained knife. The Master of the ship had immediately reported the incident to the Shipping Corporation of India and an FIR was registered against Langeswaran on the charge of murder.
28 Jul 2008, 0222 hrs IST,PTI
http://timesofindia.indiatimes.com

SC questions Nagaland over MLA appointments
http://www.hindu.com/thehindu/holnus/004200807281901.htm
New Delhi (PTI): The Supreme Court has sought response from the Nagaland Government on a petition challenging appointment of 13 MLAs as Parliamentary Secretaries in the 60-member State Assembly.
A Bench headed by Chief Justice K G Balakrishnan issued notices to the state government and others on the petition filed by former Nagaland Students Federation (NSF) President Chokriveyi Venyu seeking quashing of notifications relating to the appointment and salaries for Parliamentary Secretaries.
Venyu’s counsel Khawairakpam Nobin Singh alleged that appointment of Parliamentary Secretaries was an attempt to circumvent the 91st Constitutional amendment Act that provides that the total number of Ministers, including the Chief Minister in the Council of Ministers in a state shall not exceed 15 per cent of the total strength of the Assembly.
The NSF leader submitted that the coalition Democratic Alliance government in the state has given cabinet and state minister status to all its 36 members.
The petition said there was no need for having so many Parliamentary Secretaries in such a small state when a full-fledged Council of Ministers was in place and such appointments were unreasonable and malafide
Monday, July 28, 2008
www.hindu.com

SSCP: VHP questions centre’s assertion before SC on Lord Ram
http://www.ptinews.com/pti/ptisite.nsf/0/3EE81BC4424DB7D365257494002D356D?OpenDocument
Coimbatore, Jul 28 (PTI) The VHP today questioned the Centre’s assertion before the Supreme Court that Lord Ram himself had destroyed the Ram Sethu (Adam’s bridge) and said it was a distortion of history.”Nowhere in the Kamba Ramayan is it mentioned that Lord Ram destroyed the bridge. It is to appease DMK leader and Tamil Nadu Chief Minister M Karunanidhi, whose party is a partner in the UPA coalition, that the Centre is doing such things,” VHP International President Ashok Singhal told reporters here.He was replying to questions on the Union Government’s stand on the Sethusamdudram Shipping Canal Project (SSCP).”It (Ram Sethu) will be protected at any cost,” VHP International General secretary Praveen Togadia, who was also present, said.He said Saints and Hindu leaders at a meeting at Haridwar had demanded that the Sethu be declared a historical monument.On construction of the Ram temple at Ayodhya, he said it would be done by an act of Parliament. “The temple will come up and we will see to it that such an act is brought in the next Lok Sabha,” he said.
PTI
www.ptinews.com

HC raps PMC for waterlogginghttp://timesofindia.indiatimes.com/Cities/Patna/HC_raps_PMC_for_waterlogging/articleshow/3299674.cms

PATNA: The Patna High Court on Monday remarked Patna becomes a slum during the rains with the Patna Municipal Corporation (PMC) turning a Nelson’s eye to the problem of waterlogging and related health hazards. A division bench of Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan made this remark while hearing a PIL of a lawyer, Shyam Kishore Sharma, who submitted the recent unprecedented waterlogging in the city was spawned by the failure of the PMC to clean the drains and run the sump houses. The judges said the civic authorities should rise to the occasion and take measures to check waterlogging in time. They said the civic authorities did not implement their promise about short and long term plans to improve the drainage system and check waterlogging. “I wonder how the state is functioning,” remarked Justice Prasad. When PMC counsel Chandrashekhar argued the city experienced the heaviest rainfall this monsoon, the judges said, “Then go to the temple and pray to God to rain less.” The court directed the state government to arrange for free treatment and supply of free medicines in government hospitals and dispensaries for the people getting sick due to waterlogging-related health hazards. The court also directed the PMC and other civic authorities to spray DDT, bleaching powder in the affected areas. Petitioner Sharma submitted before the court he filed an IA petition in his PIL on March 10, 2008, fearing serious waterlogging problem if the PMC did not clean the drains. The PMC did nothing despite receiving a copy of the IA petition. He referred to his submission in his IA petition that cleaning of Salimpur Ahra drain from near Uma cinema in Pirmohani to Antahat was necessary to save the low-lying localities of Kadamkuan and Kankerbagh in Patna. He also added that a sump house near Nala Road in Kadamkuan was non-functional. He submitted that there should be a dedicated drain channel from the lowest point of Rajendra Nagar road number 1 to the nearest sump house. The court fixed August 11 as the next date of hearing of this PIL.

29 Jul 2008, 0304 hrs IST,TNN
http://timesofindia.indiatimes.com

Bangladeshis in Assam have become kingmakers: Gauhati High Court
http://www.hindu.com/2008/07/29/stories/2008072954921100.htm

Political will to free the State from illegal Bangladeshis, the need of the hour”
Guwahati: The Gauhati High Court has said that Bangladeshis in Assam had become the kingmakers and “a strong political will to free Assam from illegal Bangladeshi[s] is the need of the hour coupled with public activism in that direction.”
In his 95-page judgment and order passed on Friday, Justice B.K Sharma directed the police to immediately take into custody 49 of the 61 petitioners, who were declared as ‘foreigners’ by the court, and to keep them in police custody till their deportation. The respective Superintendents of Police have been asked to furnish report about the implementation of the direction.
The judgment and order was passed by the court while disposing of a total of 23 petitions moved by 61 petitioners after they had been declared as foreigners by the respective Foreigners’ Tribunals. The High Court upheld the tribunal judgments in most of the cases.
In voters’ lists
“Till now, the petitioners have been successful in avoiding the proceedings against them as well as their deportation from India. In the process, they have incorporated their names in the voters’ lists on the basis of which they must have cast their votes. Thus the petitioners and such other large number of Bangladeshis present in the State of Assam have a major role in electing the representatives both to the Legislative Assembly and Parliament and consequently, in the decision-making process towards building the nation. They have become the kingmakers,” the judgment stated.
The court has asked the State Home Department and the Director-General of Police to furnish report on the action plan towards detection and deportation of foreign nationals from Assam. The State government was also directed to furnish report on the action plan and the time limit within which the names of illegal voters in various voters’ list would be deleted. The court directed that all the reports be submitted on or before September 30.
Justice Sharma observed: “It is no longer a secret or in the domain of ‘doubt’ that illegal Bangladeshis have intruded every nook and corner of Assam, including forest land. In some of the cases, the petitioners themselves stated before the police during investigation that they were living in government and forest land. If reports are to be believed, they have even intruded upon the most sacred Xattra lands. Very often, they are protected by extending the protective lands of ‘secularism’ branding them to be Indian “minorities” in Assam. A strong political will to free Assam from illegal Bangladeshi[s] is the need of the hour coupled with public activism in that direction.”
The court warned that if the phenomenon continues, “the day is not far off, when the indigenous people of Assam, both Hindus and Muslims and other religious groups will be reduced to minorities in their own land and the Bangladeshis who are freely and merrily moving around the fertile land of Assam, will intrude upon the corridors of power.”
On the role of the Central and the State governments, the judgment and order stated that the foremost duty of the Central government was to defend the borders of the country, prevent any trespass and make the life of the citizens safe and secure. The State government was also equally responsible for taking effective measures to stop the unabated influx of Bangladeshi nationals to Assam threatening the very existence of the indigenous people in their own State. “Neither the Central government nor the State government can disown such solemn responsibilities, they being the protectors of the citizens.”
Sushanta Talukdar
Tuesday, Jul 29, 2008
www.hindu.com

Notice to Nagaland on jumbo ministry
http://timesofindia.indiatimes.com/India/Notice_to_Nagaland_on_jumbo_ministry/articleshow/3299722.cms

NEW DELHI: The Supreme Court on Monday sought the Nagaland government’s response to a PIL challenging the appointment of political secretaries and giving them the rank of ministers, which it said was done to accommodate all the MLAs of the parties in the coalition government led by Neiphu Rio. Though Neiphu Rio heads a 12-member council of ministers, the petitioners alleged that he subverted the constitutional mandate of limiting the council of ministers to 15% of the total strength of the assembly by appointing 13 parliamentary secretaries with the rank of ministers. The PIL, filed by Naga youth Chokriveyi Venyo and Chubatangit Jamir, asked: “Whether appointment of parliamentary secretaries by the chief minister and administering them oath of secrecy was in violation of the provisions of Article 164-1A of the Constitution?” A Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam issued notice to the Nagaland government, the chief minister’s office and all the 13 parliamentary secretaries asking them to file their response to the PIL. The petition, filed through counsel Kh Nobin Singh, said the constitutional amendment was enacted to curb jumbo ministries in the states that drain the already strained financial health.
29 Jul 2008, 0320 hrs IST,TNN
http://timesofindia.indiatimes.com

HC order exposes aliens’ modus operandihttp://www.assamtribune.com/scripts/details.asp?id=jul2908/at01
GUWAHATI, July 28 – The two recent judgements of the Gauhati High Court ordering deportation of 50-odd illegal Bangladeshi settlers have laid bare the sinister modus operandi of the infiltrators who have easily managed to get their names entered in voters’ list, passports, and even exercised their “voting right” in elections. The court judgement orders, delivered by Justice BK Sharma, noted several common features in all the cases that had been used as a ploy to hoodwink the Government administration, police and even the court. The illegal Bangladeshis have made use of copies of voters’ list at random for indicating any name resembling theirs. “It is very easy to pick up any voters’ list, find out names and particulars resembling theirs, obtain certified copies of the same and dump them to the writ court taking it for granted that the writ court will swallow the same, unmindful of requirement of Section 9 of the Foreigners’ Act-1946,” the court order stated. The petitioners did not discharge their burden of proof by adducing any evidence and/or proving the authenticity the photocopies of the documents, mostly voters’ list, the court noted. Worse, as the hard-hitting court order stated, the Bangladeshis in question as also scores of others like them, “incorporated their names in voters’ list on the basis of which they must have cast their votes. Thus, the petitioners and such other large number of Bangladeshis present in Assam have a major role in electing the representatives both to the Legislative Assembly and the Parliament and consequently, in the decision-making process towards building the nation. They have become the king-makers,” the court order noted. Another interesting feature of the cases is that barring three, the impugned judgements and orders (which the illegal Bangladeshis challenged in the High Court) passed by the Foreigners’ Tribunals were ex-parte. The petitioners did not respond to the proceedings before the Tribunals, which is a methodical ploy to prolong the proceedings on untenable grounds. The plea of non-receipt of notice was also untenable, as the court found out after verifying the matter with the Tribunals, that they had been served with notices, but in spite of that they did not appear before the Tribunals.The court also expressed grave concern at the undue delay of the proceedings before the Tribunals, sometimes lasting 20 years, and said that the delay enabled the Bangladeshi nationals to collect more documents and even incorporate their names in the voters’ list. It also pulled up the State Government and the Centre, saying that even in the writ proceedings, no immediate response was shown either of the governments, causing long pendency of the cases. On the status of the Bangladeshi influx, the court said, “It is no longer a secret or in the domain of ‘doubt’ that illegal Bangladeshis have intruded every nook and corner of Assam, including forest land. In some of the cases, the petitioners themselves stated before the police during investigation that they were occupying and living in government and forest land. Reminding the governments of their “solemn responsibilities”, the court order said that neither the Centre nor the State Government can disown their foremost responsibility of defending the borders of the country, prevent any trespass and make the lives of citizens safe and secure.Underscoring the need for a strong political will “unmindful of political gains” derived from the presence of illegal migrants, the court said that “it is the national interest and not the individual or political interest of any particular party, which must prevail under all circumstances.” It also referred to the Supreme Court verdict while quashing the IM (DT) Act, saying that a clear message had already been given by the apex court to be translated into action by both the State Government and the Centre. Pointing out that the illegal migration from Bangladesh “not only affects the people of Assam but have the more dangerous dimension of greatly undermining our national security”, the court observed that “mistaken and misconceived notion of secularism” should not be allowed to hamper the detection and deportation process of illegal settlers.
By A Staff Reporter
www.assamtribune.com

India Supreme Court Considering Constitutionality of Haj Subsidy
http://religionclause.blogspot.com/2008/07/india-supreme-court-considering.html
On Monday, India’s Supreme Court set for hearing a lawsuit by former BJP member of parliament Praful Goradia challenging the constitutionality of the government subsidy given to Muslims going on Haj. IANS reported that a government affidavit supporting the subsidy argues that the Haj has secular foreign policy and foreign relations elements. It said that friendship with foreign countries, including Arab countries, is an aspect of the country’s foreign policy. Indian Muslims on Haj “promote international goodwill and understanding”. Goradia, on the other hand, claimed that a subsidy for Muslims, without similar subsidies for Hindus, Christians, Buddhists and Sikhs, is discriminatory. (See prior related posting.)
Posted by Howard Friedman –PermaLink
Tuesday, July 29, 2008
http://religionclause.blogspot.com

HC orders deportation of 50 illegal Bangladeshis in Assam
http://www.hindu.com/thehindu/holnus/002200807291701.htm
Guwahati (PTI): The Gauhati High Court has ordered the deportation of 50 illegal Bangladeshi settlers and rapped the government for failing to stop the infiltrators from getting their names entered in voters’ list.
Justice B K Sharma, disposing of writ petitions filed by the infiltrators, in two orders last week noted that there were several common features in all the cases that had been used as a ‘ploy’ by the infiltrators to hoodwink the administration, police and even the court.
Justice Sharma pulled up both the state and central governments for “showing no immediate response even in the writ proceedings, causing long pendency of the cases.
“Neither the Centre nor the state governments can disown their foremost responsibility of defending the borders of the country, prevent any trespass and make the lives of citizens safe and secure”, the Judge stated.
Tuesday, July 29, 2008
www.hindu.com
Going all out to restore medical college seats: State tells HC
http://timesofindia.indiatimes.com/Nagpur/Going_all_out_to_restore_medical_college_seats_State_tells_HC/articleshow/3300021.cms
NAGPUR: The state government has informed the Nagpur bench of Bombay High Court that it was making all out efforts to restore 40 MBBS seats of Indira Gandhi Medical College and Hospital (IGGMC ). It has not only forwarded a proposal to Centre but also applied to Medical Council of India (MCI) for reinspection of facilities. Additional government pleader Bharti Dangre told this to a division bench comprising Justices Dilip Sinha and A P Bhangale on Monday. The court was hearing a petition on shoddy state of affairs regarding infrastructure and facilities at the Government Medical College (GMC) and IGGMC. AGP Dangre further informed the bench that the government had sanctioned a grant of Rs 10 crore to IGGMC for improvement of basic infrastructure and facilities. The TOI had reported on July 24 that chief minister Vilasrao Deshmukh and state minister for higher and technical education Dilip Walse Patil had started efforts to get back the 40 seats cancelled by the Medical Council of India and had sent proposals to Union Health Ministry headed by Dr Anbumani Ramadoss. The seats were cut down for want of required infrastructure. Earlier, amicus curiae in the case Jugal Kishor Gilda pointed out to the court that the government last year had assured to fulfill all basic facilities in IGGMC within two months. However, even after a year nothing had been done. The MCI slashed the seats as a result, he said. Gilda also informed that for modernisation of IGGMC, the government had invited tenders on Built Operate and Transfer (BoT) basis and even inked an agreement with Maytas Infrastructure Limited. In reply, the AGP informed that modernization proposal had been put on hold for the moment due to violation of norms laid down by the government . The government had formed an official committee to examine all aspects of the project and report to the government. The court, after hearing arguments from both sides, asked the government to come clear on exact efforts being made to restore the 40 MMBS seats. It also wanted to know when the MCI would conduct re-inspection of IGGMC.
29 Jul 2008, 0657 hrs IST,TNN
http://timesofindia.indiatimes.com
Jessica murder case: HC refuses to stay perjury proceedings
http://timesofindia.indiatimes.com/Delhi/Jessica_murder_case_HC_refuses_to_stay_perjury_proceedings/articleshow/3299596.cms
NEW DELHI: Delhi High Court on Monday declined to stay perjury proceedings against actor Shayan Munshi and 21 other witnesses who turned hostile in the Jessica Lall murder trial. A division Bench headed by justice B N Chaturvedi refused to stay perjury proceedings and posted the matter further to November 2008 even as advocates for the witnesses argued that how could they be charged with perjury or ‘‘deliberately deposing falsely” in the trial court, in case the apex court acquits the accused on the basis of the statements of these witnesses. Pleading that HC defer the proceedings if not stay them indefinitely, lawyers appearing for the witnesses argued before the court seeking relief on their client’s behalf on Monday. Urging the Bench that it adjourn the matter permanently till SC verdict instead of giving a future date, the advocates persisted, saying that since SC was yet to fix the date for hearing Manu Sharma’s appeal, HC could grant them relief in this form that it postpone the matter sine die. But the court wasn’t convinced by their arguments and preferred to post the case now for November 11. Earlier, a bench comprising justice R S Sodhi and justice P K Bhasin had turned the heat on the hostile witnesses after convicting Manu Sharma, Vikas Yadav and Amarjeet Singh Gill on December 18, 2006 for the murder of model Jessica Lal. In the judgement, the high court bemoaned the phenomenon of witnesses turning hostile and decided to show cause to those who resiled from their statements saying that why they should not be charged for perjury and punished.
29 Jul 2008, 0232 hrs IST,TNN
http://timesofindia.indiatimes.com
Apply percentile to one institute, not boards: HC
http://www.dnaindia.com/report.asp?newsid=1180400
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The arguments against the feasibility of the percentile system heated up in Bombay High Court on Monday as the state government made attempts to defend the system, but the judges seemed far from convinced. “You cannot apply percentile to different boards. It can be applied to one institute otherwise the purpose of percentile will be defeated,” said Chief Justice (CJ) Swatanter Kumar.
However, additional government pleader Jyoti Pawar submitted an affidavit to the court stating that the percentile system was introduced to clear the disparity between the marks of students belonging to different boards at the time of giving admissions.
Citing the example of DG Ruparel College, Pawar said that until last year hardly any students from the SSC board were able to get admission in the vocational courses in the Science stream. She added that because of the percentile system 15 of the 20 seats have been begged by SSC students this year.
“We have some right to frame a policy for our students”, she said. “It is absolutely essential to apply the percentile formula as there is bound to be variations amongst the marks obtained by the students from different boards” the state government affidavit stated.
Pawar, who submitted the lists of students from different boards and the variation in their scores, also said that the ICSE students would have an advantage at the time of seeking admission as the best five scores of the seven subjects were taken for calculating their percentage.
ICSE counsel Raju Subramaniam, however, said that the ICSE mark sheet showed the scores of all seven subjects and mentioned only total marks and not the percentage. CJ Kumar and Justice AP Deshpande also sought to know if a student could lose his chance to get admission.
Pawar, however, said that so far the state government’s education department had received no such complaint. She also claimed that as the CBSE board had not come before the court, they had no grievance against the system.j_mayura@dnaindia.net
Mayura Janwalkar
Tuesday, July 29, 2008 03:19 IST
www.dnaindia.com

HC: Why no ads to Tamil dailieshttp://courtverdict.blogspot.com/2008/07/hc-why-no-ads-to-tamil-dailies.html

CHENNAI: Why did you stop releasing advertisements all of a sudden to the Tamil newspapers Dinakaran, Tamil Murasu and Tamil Osai, the Madras High Court has asked the government.When the writ petitions from the newspapers came up for hearing on Monday, Justice A Kulsekaran raised the above question.It was well known that the advertisements had been stopped to these papers, the judge said and directed the counsel to obtain instructions from the government and to inform the court on August 5.Earlier, in its counter-affidavit, the director of Information & Public Relations submitted that no newspapers could claim any right for release of government advertisements.Petitioners were not entitled under any law to seek or compel the government to issue ads. There was no malice or arbitrariness on the part of the government, the counter said.It added that the ads were being released to the papers in question keeping in view of the government’s advertisement policy and the availability of funds. There was no discrimination against the petitioners. Courtesy_http://www.newindpress.com
Tuesday July 29 2008 00:32 ISTExpress News Service
http://courtverdict.blogspot.com
Media and Judiciary mutually complimentary’http://www.newindpress.com/NewsItems.asp?ID=IER20080729001553&Page=R&Title=Kerala&Topic=0
KOLLAM: Both the media and the judiciary are mutually complimentary, former judge of the Supreme Court Justice K.T.Thomas said. Inaugurating a seminar on Media and Judiciary, organised by the Kollam Bar Association as part of its centenary celebrations here on Monday, he said that if the media and democracy was not dynamic, democracy would crumble. India is indebted to media for its disclosures. But in certain cases, over-publicity had led to miscarriage of justice. But media cannot be criticised for this, he said. When incidents get misinterpreted, it is the duty of the judicial officer to insulate himself from the influences of the media, he said. There are occasions when the judicial officers also get influenced by the media reports. But the judicial officer should give importance to the proof, he said.In the sensational Panoor Soman case, even the scientific evidence produced by the CBI stressed the view that it was a murder. But the full bench of the High Court had a different opinion and acquitted the six policemen accused in the case. But to their relief, in six months time the court got the opportunity to convince itself beyond doubt that it was a case of suicide, he said.Justice Thomas said that the judicial officer should have attained the proper training for the judicial process. If the media got weakened it would lead to the crumbling of the society. He said that autocrats always infringed the freedom of the press and judiciary.When Hitler became the Chancellor of Germany, he infringed the freedom of the press and judiciary. When Indira Gandhi imposed emergency, she imposed press censorship. 253 journalists were arrested. Foreign correspondents, such as Mark Tully, were banned from coming to India. Many of the High Court judges were transferred to far off places. Justice H.R.Khanna was denied the post of Chief Justice, he said.Veteran journalist K.M.Roy said contempt of court proceedings against journalists should be abolished. In many western countries media has the right to criticise the court. Since the newspaper industry became a business, journalists had to compromise to a certain extent, he said. IG of Police B.Sandhya said that the media was causing a hoax call wave in view of the bomb threats in the state. She said when people having terrorists links were booked and interrogated the media had created a hulla baloo and caused problems to the police. But the same people are booked in other states alleging terrorist links.She criticised the media for exposing the identity of victims in sexual harassment cases and cases involving juvenile criminals. She said that while the community policing had received widespread support from the public, the electronic media was trying to depict it in poor light. Manager of Deshabhimani daily K.Varadarajan was the moderator.
Tuesday July 29 2008 10:37 IST
Express News Service
www.newindpress.com

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