LEGAL NEWS 31.08.2008

Matrimonial woes: SC dismisses PIL by Narendra Kumar

http://www.lawyersclubindia.com/news/2008/8/sc_dismisses_pil_by_narendra_kumar.asp

New Delhi, Aug 18 The Supreme Court today dismissed a PIL by Narendra Kumar Verma challenging its order directing him to reunite with his wife on the grounds that such an order violated his fundamental right to life.
A bench comprising Justices B N Agarwal, G S Singhvi and J M Panchal said no violation of any fundamental right was involved and the petitioner was trying to create unnecessary problems.

The petitioner Narendra Kumar Verma and his wife Savita had been living separately since 1992.


Source : UNI –

www.lawyersclubindia.com

 

PUBLIC INTEREST LITIGATION

http://legal-questions.org/2008/08/31/public-interest-litigation/

Introduction:-

                      The development of Public Interest Litigation (PIL) in the country has very recently uncovered its own pitfalls and drawbacks. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. They try to utilise this extraordinary remedy, available at a cheaper cost, as a substitute for ordinary ones. This mini article briefly narrates the ill effects of the emerging malady and possible remedies.

 

Injustice anywhere is a threat to justice everywhere.
                                                                                              -Martin Luther King, Jr.

                                  Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organised efforts or attempts to take up wider issues that affected 
classes of consumers or the general public at large.

                                     However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.

Public Interest Litigation (PIL)-The legal history:


                    Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: the 
public in general. Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved party. In other words, only the affected parties had the locus standi (standing required in law) to file a case and continue the litigation and the non affected persons had no locus standi to do so. And as a result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on the other.

                                  However, all these scenario gradually changed when the post emergency Supreme Court tackled the problem of access to justice by people through radical changes and alterations made in the requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to convert the apex court of India into a Supreme Court for all Indians. And as a result any citizen of India or any consumer groups or social action groups can approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake. Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation.

PIL- A BOON:

1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.
2. Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.

ABUSE OF PIL: 

                          However, the development of PIL has also uncovered its pitfalls and drawbacks. As a result, the apex court itself has been compelled to lay down certain guidelines to govern the management and disposal of PILs. And the abuse of PIL is also increasing along with its extended and multifaceted use.

Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.

Just as a weapon meant for defence can be used equally effectively for offence, the lowering of the locus standi requirement has permitted privately motivated interests to pose as public interests. The abuse of PIL has become more rampant than its use and genuine causes either receded to the background or began to be viewed with the suspicion generated by spurious causes mooted by privately motivated interests in the disguise of the so-called public interests.

STEPS NECESSARY:

                         With the view to regulate the abuse of PIL the apex court itself has framed certain guidelines (to govern the management and disposal of PILs.) The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations. The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives. Political pressure groups who could not achieve their aims through the administrative process or political process may try to use the courts (through the means of PILs) to further their closely vested aims and interests.

There may be cases where the PIL may affect the right of persons not before the court, and therefore in shaping the relief the court must invariably take into account its impact on those interests and the court must exercise greatest caution and adopt procedure ensuring sufficient notice to all interests likely to be affected.

At present, the court can treat a letter as a writ petition and take action upon it. But, it is not every letter which may be treated as a writ petition by the court. The court would be justified in treating the letter as a writ petition only in the following cases-
(i) It is only where the letter is addressed by an aggrieved person or
(ii) a public spirited individual or
(iii) a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class or group of persons who by reason of poverty, disability or socially or economically disadvantaged position find it difficult to approach the court for redress.

Even though it is very much essential to curb the misuse and abuse of PIL, any move by the government to regulate the PIL results in widespread protests from those who are not aware of its abuse and equate any form of regulation with erosion of their fundamental rights. Under these circumstances the Supreme Court Of India is required to step in by incorporating safe guards provided by the civil procedure code in matters of stay orders /injunctions in the arena of PIL.

In the landmark case of Raunaq International Limited v/s IVR Construction Ltd, Justice Sujata V Manohar rightly enunciated that – when a stay order is obtained at the instance of a private party or even at the instance of a body litigating in public interest, any interim order which stops the project from proceeding further must provide for the reimbursement of costs to the public in case ultimately the litigation started by such an individual or body fails. In other words the public must be compensated both for the delay in the implementation of the project and the cost escalation resulting from such delay.

Conclusion:
                         Public Interest Litigants, all over the country, have not taken very kindly to such court decisions. They do fear that this will sound the death-knell of the people friendly concept of PIL. However, bona fide litigants of India have nothing to fear. Only those PIL activists who prefer to file frivolous complaints will have to pay compensation to then opposite parties. It is actually a welcome move because no one in the country can deny that even PIL activists should be responsible and accountable. It is also notable here that even the Consumers Protection Act, 1986 has been amended to provide compensation to opposite parties in cases of frivolous complaints made by consumers. In any way, PIL now does require a complete rethink and restructuring. Anyway, overuse and abuse of PIL can only make it stale and ineffective. Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints.

August 31st, 2008

http://legal-questions.org

 

Mind your lingo

http://timesofindia.indiatimes.com/Opinion/Columnists/Mind_your_lingo/articleshow/3426561.cms

Marathi, Marathi everywhere… not a word to miss. Speak up! Hands up! Who wants Marathi and more Marathi and nothing but Marathi in Mumbai? I love Marathi — it is, after all, my mother tongue! But that does not mean I want to force it down reluctant throats and indulge in dadagiri if my neighbour’s nameplate is in English or Latin. Or the shop down the door does not display a prominent enough signboard in the state’s official language. Laws and rules are fine. But what about common usage? Popular communication? Does language (any language) ‘belong’ to a particular community/state/nation/individual? Can it? Should it?

Language is like a mighty river which flows on. It changes and evolves constantly… it is fluid and mercurial. Which is what makes language so beautiful. We can create our own lingo. Nobody can claim an absolute right over language. Nobody can appropriate it, either. Or dictate that all people should stick to one particular language. There is nothing official about it. Language is nobody’s private property. And, any attempt to politicise it, must be resisted. Taking pride in one’s language, even linking it to heritage, is one thing. But imposing it on people is anti-democracy — it amounts to manipulation, mischief and pressure tactics.

To begin with, the famous spirit of Mumbai is fast disappearing. Do we want to hasten its demise with language issues? Let those who choose Marathi go ahead and enjoy it. By all means recommend dual language signage if that makes the life of ordinary citizens simpler (frankly, it definitely does, since a vast number of citizens do not know English). But for God’s sake, back off from employing muscle power. This sort of a self-appointed vigilante approach, is despicable. Vandalising store fronts, destroying property, beating up shopkeepers and similar acts of violence are more an indication of goondagiri than Gandhigiri.

Mumbai is done with that approach. Isn’t it immature to think that signs can change what is in people’s hearts? Their mindsets? That a person has to prove loyalty/commitment to Mumbai via such superficial gestures? That you automatically become a better Maharashtrian if you display Marathi signboards? Or the converse? It is laughable and juvenile to point fingers at other states and say that’s how it works elsewhere. Mumbai’s character is unique. It cannot be equated with any other city in India. That is the way it has always been. It is Mumbai’s strength… and now politicians want to weaken it? Retailers and traders in the city are being systematically targeted, even though a writ petition on the issue is pending in the High Court.

Raj Thackeray is an intelligent man. His family name has been taken from an illustrious English writer. Perhaps his followers aren’t aware of that. It shows that his background was free of parochial hang-ups and the assumed surname itself is an example of progressive, liberal, intellectual thinking. Has anybody questioned the Thackerays about their right to adopt a surname of their choice? Or requested them to change it? Has anybody doubted their ‘Maharashtrian-ness’ for even a moment on account of that? What’s in a name, right?

Raj and his militant followers seem to have seen good sense for now and backed off. The world is changing at such a dramatic speed, language has become a mere tool for effective communication. Language in itself has no political hues. Why taint it? Marathi is a rich and beautiful language. Its origins go back centuries. One just has to read the Poet Saints of Maharashtra to appreciate the richness of Marathi. Expose people to its wealth and poetry in a positive way. Let them be attracted to Marathi on their own. By beating them over the head with it, all you are doing is generating hostility and driving away those who may otherwise have been interested in learning and loving Marathi.There’s a charming greeting that is exchanged during the festival of Sankrant, ‘‘Til-gul ghyaa aani god god bola.’’ Raj…. shall we start?

 

31 Aug 2008, 0123 hrs IST, Shobhaa De

http://timesofindia.indiatimes.com

 

 

 

SC widens debt waiver ambit for Kashmir

http://timesofindia.indiatimes.com/SC_widens_debt_waiver_ambit_for_Kashmir/articleshow/3426797.cms

NEW DELHI: Militancy changes many things, even the concept of a debt waiver scheme that was announced in 1997 for small entrepreneurs in militancy-hit J&K.

The scheme, as originally envisaged, was meant to waive loans up to Rs 50,000 taken by those engaged in tourism, transport, trade, hotel, houseboat business and retail trade.

However, the Supreme Court on Friday gave a liberal interpretation to the scheme and extended the loan waiver facility to those who had taken money from banks for purchase of buffaloes and sheep.

The moot question raised before the apex court by the J&K Rural Bank was — could the HC have taken such a liberal view to count purchase of buffaloes and rearing of sheep as a trading activity so as to qualify for loan waiver under the 1997 Debt Relief Scheme.

Under this scheme, only commercial loans/credit limits up to Rs 50,000 were eligible for relief but not loans taken against deposits or government securities. The bank said the scheme was intended to give relief to traders for business activities, hence taking loans for purchase of buffaloes and sheep and establishment of dairy units, which were akin to agriculture, could not be eligible for loan waiver.

 

31 Aug 2008, 0351 hrs IST, Dhananjay Mahapatra,TNN

http://timesofindia.indiatimes.com

 

 

Court issues contempt notice to two women

http://www.hindu.com/2008/08/30/stories/2008083061021200.htm

New Delhi: The Supreme Court on Friday issued notice to two women associated with a Mumbai-based non-profit research organisation, Boss School, asking why contempt proceedings should not be initiated against them for casting aspersions on Bombay High Court judges.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal, gave an opportunity to Leila David and Annette Kotian, who argued in person, to withdraw the allegations made in their petitions seeking the arrest of 10 judges for not rendering justice to them.

However, when both refused, the Bench issued contempt notice asking them to reply by September 10.

Justice Balakrishnan told them, “The allegations are per se contempt of court.” He warned that if they failed to respond to the notice they would be arrested.

Ms. Kotian told the CJI, “We are not going to withdraw the allegations.” Ms. David said, “Why should we withdraw the allegations when what we say is true.” When Ms. Kotian asked the CJI to recuse himself from the case, he said, “You have no business to say this. Mind your words. You are arguing in the apex court of this country. You will have to face serious consequences.”

He told them: “Several judges had dealt with the matter and even police had carried out investigation as to how students of Boss School are behaving. You have not even spared the Home Minister of Maharashtra by levelling serious charges against him. You think you are above the law?”

Saturday, Aug 30, 2008

J. Venkatesan

www.hindu.com

 

Defamation litigation: a survivor’s kit

http://archivenews.blogspot.com/2008/08/defamation-litigation-survivors-kit.html

The Supreme Court judgment in the Nakkeeran case is the main tool in the survival kit for honest media and other critics of politicians against libel litigation.

ON SEPTEMBER 17, the Tamil Nadu Government filed an affidavit in the Supreme Court stating that it had ordered the withdrawal of 125 defamation cases filed against The Hindu and various other publications. This is a tribute especially to The Hindu `parivar’ for showing guts and challenging the constitutionality of the cases filed against its representatives. The Jayalalithaa Government chose discretion over valour by not risking the Supreme Court striking down the libel statute itself as unconstitutional. Rather than lose permanently the weapon of state harassment of critics that defamation law represents, the Government chose to back down.

This is the second time that the AIADMK State Government has directed a carte blanche withdrawal of defamation cases. The first time was on January 1, 1994 when the Tamil Nadu Government withdrew numerous defamation cases filed against me in several Sessions Courts in the State. The reason then was the same: the Supreme Court Bench of Chief Justice M.N. Venkatachalaiah and Justice B.P. Jeevan Reddy had heard extensive arguments from me as petitioner in person and the Tamil Nadu Government counsel on the defamation law, and then orally asked why the law should not be struck down. The Government counsel then asked for time, and came back a week later to say that all the cases against me had been withdrawn. Hence, the cause of action for my petition disappeared, and my petition became infructuous. I was personally relieved but the law survived for use on another day.

But Justice Jeevan Reddy, who had listened to me with great care, went on to write a landmark judgment in the Nakkeeran case [1994] that incorporated the core of my arguments and citations from the United States Supreme Court and the United Kingdom’s House of Lords. That judgment today c. The judgment however needs to be developed further by more decided cases further clarified by continued challenge to state-sponsored defamation litigation that has become far too frequent in the country, so that freedom of speech and expression can become more deep and extensive than at present.

Under the Indian Constitution, the fundamental right to free speech (Article 19) is subject to “reasonable restrictions.” What is reasonable is subjective in a society; it can only be developed to some objectivity by cases decided in courts [`case law’] and according to the political culture of the times. At present, reasonableness is codified in two laws — first, in exceptions to criminal culpability incorporated in Sections 499 and 500 of the British colonial statute known as the Indian Penal Code (1870), and second, the limits to civil liability incorporated as tort law. In India, defamation proceedings can be initiated under either or both, together or in sequence. Most democratic countries have however done away with the criminal law, which is archaic and draconian. But India has not yet done so.

What is one to do if one receives a court summons for alleged defamation? For example, I once received a summons from a Delhi court because I had called a BJP leader, V.K. Malhotra, “an ignoramus.” The remark was made by me during the Lok Sabha proceedings, but lifted by a sub-editor and inserted in a column I wrote for the magazine.

Under the law, I had to prove that it was true — or face imprisonment. Now, how does one prove that a person is an ignoramus in a court of law? Add to that the harassment I would have to suffer of travelling to court at least 10 times a year for at least five years to attend the case or face a warrant for my production in court. Or I would have to engage a lawyer who would charge me a hefty sum. All this for a mild rebuke of a political leader? The editor of the magazine decided he could not stomach it, so he apologised for printing the remark. I was left holding the bag.

However, I fought the case and won. Mr. Malhotra was directed to pay me Rs.8,000 as compensation for my petrol bills, which he paid with some reluctance. Now how did I do it?

I pulled out of my survival kit the first tool of defence: in a defamation case, the aggrieved person must prove “publication,” which means Mr. Malhotra would have to prove first that I had, in the original text given to the magazine, written what was printed. The onus was on him to produce the original. Now which magazine keeps the original? He failed to produce it and I won.

In a 1997 press conference, I made some charges against Chief Minister M. Karunanidhi. He used Section 199 of the Criminal Procedure Code to get the Public Prosecutor to file a defamation case. This meant the contest in court was between me and the state, and not between me and the Chief Minister personally. Thus the Government would spend the money out of the public exchequer and use Government counsel to prosecute me, a totally unequal contest and wholly unfair (even if legal).

If Section 199 had not been there, the Chief Minister would have personally been the complainant and I would have had the right to cross-examine him. Now which busy politician would like that? Hence, I pulled out the second tool in my survival kit. I filed an application before the judge making the point that the alleged defamation related to the personal conduct of the Chief Minister and not to anything he did in the course of public duty. I argued that Section 199 would not apply. Thereafter, the State Public Prosecutor quickly lost interest in the case. Had the judge rejected my prayer, I would have gone in appeal to the Supreme Court and got Section 199 struck down. But alas, I could not.

In 1988 another Chief Minister, Ramakrishna Hegde, filed a suit against me under tort law for Rs.2 crore damages for my allegation that he was tapping telephones and using his office to benefit a relative in land deals. Although ultimately, the Kuldip Singh Commission and a parliamentary committee studying the Telegraph Act upheld my contentions, I would have had a problem had the court decided the case before these inquiry reports came out.

So I pulled out the third tool in my survival kit, namely the U.S. Supreme Court case laws, the most famous of which was The New York Times case decided in 1964. Contrary to popular impression, U.S. case laws on fundamental rights are applicable to India following a Supreme Court judgment in an Indian Express case in 1959.

Furthermore, since 1994, these U.S. case laws have become substantially a part of Indian law, thanks to Justice Jeevan Reddy’s judgment in the Nakkeeran case.

The principle in these case laws, restricted to public persons suing for damages, is wonderfully protective of free speech: if a person in public life, including one in government, feels aggrieved by a defamatory statement, then that person must first prove in court that the defamatory statement is not only false, but that the maker of the statement knew it to be false. That is, it must be proved by the defamed plaintiff to be a reckless disregard of the truth by the defamer defendant. This principle thus reversed the traditional onus on the defamer to prove his or her allegation, and placed the burden of proof on the defamed.

This reversal of burden of proof is just, essentially because a public person has the opportunity to go before the media and rebut the defamation in a way aggrieved private persons cannot do. If criticism and allegations against a public person have to be proved in a court of law, what is likely to happen is that public spirited individuals will be discouraged and thus dissuaded from making the criticism. This is what the U.S. Supreme Court in the famous New York Times case characterised as a “chilling effect” on public debate; it held this to be bad for democracy.

Hence the need to balance the protection of reputation in law with the democratic need for transparency and vibrant public debate. The U.S. Supreme Court admirably set the balance for freedom and democracy.

Since Mr. Hegde was an intelligent man, he recognised what my survival strategy meant. He would have come on the stand in court. He would have been examined and cross-examined on why what I said was not true, and how he knew that I had known all along that my charges were false and yet I made them. He therefore sent me a message one day wanting to know if I would call it quits. So his defamation case went from one adjournment to another, until it lapsed upon his death. Before his passing, Hegde and I met. Both of us agreed that it was unwise for politicians who have so much access to the media to rebut charges to file defamation cases and waste the time of already overburdened courts. I got the impression that some sharp lawyer was behind his temporary loss of judgment in filing the case.

Today, with developing case laws, defamation litigation has become a toothless tiger for politicians to use against the media. There are enough dental tools in my survival kit to ensure this. I am therefore writing a full Manual on how to expose dishonest politicians and get away without being harassed in court. I hope honest critics will no more hesitate to speak their minds about what they know to be the truth even if they cannot prove this in court beyond a reasonable doubt.

I am happy therefore that The Hindu chose to fight it out rather than capitulate. More should follow its lead for a better democracy and a freer media.

(The author, an economist, is a former Union Law Minister. As a rule he argues his own cases in court without the agency of lawyers.)

© Copyright 2000 – 2008 The Hindu

Courtesy_
http://www.thehindu.com

By Subramanian Swamy

http://archivenews.blogspot.com

 

 

Supreme Court defines who’s an idiot

http://timesofindia.indiatimes.com/Supreme_Court_defines_whos_an_idiot/articleshow/3426579.cms

NEW DELHI: ‘Idiot’ is a grossly misused word and an oversimplified epithet, if one goes by the Supreme Court’s brand new definition of the term. It is almost impossible for a person to qualify as an idiot, says the Court and therefore, few can expect to get a reprieve for an offence.

To be legally accepted as an ‘idiot’, one has to be so dumb as to be unable to count till 20, list the days of the week, or fail to remember the names of one’s parents, the Court said on Friday.

Under Section 84 of the Indian Penal Code, a person is not liable to be prosecuted if they are of unsound mind, or incapable of comprehending the nature of the criminal act and the fact that it is against the law.

The Supreme Court identified just four kinds of people who could be classified mentally unsound — idiots, the very ill, lunatics and drunks.

“An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity, without lucid intervals: and those are said to be idiots who cannot count 20, or tell the days of the week or who do not know their fathers or mothers or the like,” said the judgement by Justices Arijit Pasayat and M K Sharma. They added that it was for the accused to prove they were idiots or otherwise of unsound mind.

The court was dealing with a case from Madhya Pradesh where Hari Singh Gond murdered his grandfather-in-law and then claimed innocence on the grounds of idiocy. The Bench affirmed the lower court orders convicting Gond for the murder.

If the investigating agency came across a history of insanity, it was duty-bound to subject the accused to a medical examination, the judges said. If a medical examination is not done “the benefit of doubt has to be given to the accused”, the judges said.

The MP trial court had refused to accept the accused was mentally unsound even though eyewitnesses reported he behaved in an unusual fashion at the time. Friday’s judgement differentiated between a defendant of unsound mind and mere absence of motive.
“Mere absence of motive for a crime cannot, in the absence of plea and proof of legal insanity, bring the case within Section 84,” it said. “Mere abnormality of mind or partial delusion, irresistible impulse or compulsive behaviour of a psychopath affords no protection under Section 84,” the SC added, affirming the earlier court orders convicting Gond for the murder.

 

31 Aug 2008, 0128 hrs IST, Dhananjay Mahapatra,TNN

http://timesofindia.indiatimes.com

 

 

 

“Legal research has not made much headway in India”

http://economictimes.indiatimes.com/News/News_By_Industry/Services/Education/Legal_research_has_not_made_much_headway_in_India/articleshow/3428034.cms

BANGALORE: Legal research has not made much headway in India, where law schools were yet to make a mark in terms of advancement of knowledge and there were no good research centres in the field, an expert said today.

Speaking at the 16th annual convocation of the NLSIU here, National Law School of India University (NLSIU) Vice-Chancellor Prof A Jayagovind said, however, there has been a marked improvement in the quality of students in recent years.

This has a spin-off effect on quality and number of students choosing legal studies, he said, adding, the new-found interest in legal studies could be due to the increasing opportunities available to law graduates.

“Our law schools are however yet to make a mark in terms of advancement of knowledge. Hopefully, most of us have been able to impart reasonably good legal education which was otherwise practically non-existent; but we have not established ourselves as good research centres”, he said.

“Legal research has not made much headway in India even in comparison with other social science researches. In the years to come, I hope that we will address these problems seriously”.

Speaking on NLSIU, he said while its students have continued the tradition of winning prestigious fellowships, it is somewhat disturbing that the number of students pursuing higher studies has come down drastically this year.

Jayagovind said the Chair on Consumer Protection Law has become operational at NLSIU, which has proposed to establish a consumer helpline under the Chair.

Chief Justice of India and NLSIU Chancellor Justice K G Balakrishnan presided over the function, where Prof Upendra Baxi, Professor of Law, University of Warwick, the UK, delivered the convocation address.

 

31 Aug, 2008, 1432 hrs IST, PTI

http://economictimes.indiatimes.com

 

 

Cyber crimes: The Net is not in a legal vacuum http://www.malaysianbar.org.my/information_technology_and_cyberlaws_2005_2007/cyber_crimes_the_net_is_not_in_a_legal_vacuum.html

 

• Vital to preserve evidence integrity
• #%$@?&! watch what you say online

The Internet doesn’t give you the licence to shoot your “dirty” mouth off and get away with it, experts tell Sonia Ramachandran

YOU have your very own blog, an online journal where you express your thoughts and emotions.
There is this sense of freedom, an impunity you feel in cyberspace, and you are quite liberal with the comments you post. Some comments are disturbing, some even personal, about your friends, acquaintances and family.
Perhaps you dish out more “severe” comments to your enemies.
But before you post “explosive” comments on your blog, cyberlaw expert Deepak Pillai warns: “Anything that is not allowed in the real world, in most cases, is also an offence in cyberspae.”

This sense of impunity is also felt when you send a provocative text message through your mobile phone.
“Cyberlaws extend to more than just computers. It extends to any device that has a computing function, including mobile phones,” he says.
According to Deepak, who served on the Bar Council’s Information Technology and Cyberlaws Committee for almost a decade, cyber crimes fall into several categories, and one is crime against computers.
“This means the crime is focused against computers. This would include unauthorised access to a computer, modification of information or data on a computer, or theft of information from a computer.”
The second category is crimes perpetrated through the use of computers, says Deepak.
“Before the Internet age, crime was focused against the computer itself. But now, it’s gone beyond that.
“The computer has become a tool in the execution of other crimes, particularly on the Internet and on networks.”
It must be remembered, just because something is done in cyberspace does not mean the laws do not apply there.
“Yes, it’s open and fast moving, and people have a sense of freedom online, but at the end of the day the law still applies.”
Deepak says he is surprised and concerned by people’s attitude online.
“People seem to think that there is no consequence to what they do online.
“They have no reservations about putting their entire life story online and they are surprised when they apply for a job and the prospective employer has already extracted all this data from the Internet.
So what is Deepak’s advice?
“A statement you make online will be there for a long time because Internet search engines like Google will capture it and store it in their cache.

“So be careful what you post online, especially with the proliferation of Internet-enabled mobile phones.”
Information technology lawyer Ravin Vello says the Computer Crimes Act 1997 deals with offences relating to the misuse of computers.
Section 211 of the Communications and Multimedia Act 1998 states that no content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
When does something written on a blog become an offence?
“When it fulfils the legal requirements in order for it to constitute an offence.
“Defamation, for instance, is something you can sue someone for, whether it’s done in a newspaper or on a blog,” says Deepak.
“So the ingredients to establish defamation through a newspaper or a blog will be the same. It’s just that you’re dealing with different environments.”
The laws against libel and slander apply to the Internet, says Deepak.
“But the thing is, if the server is not in Malaysia and the content is actually in a server in the United States, has it actually taken place in Malaysia? Does Malaysian law extend to it?
“Look at the ‘Negarakuku‘ case (student Wee Meng Chee’s parody of the national anthem which was interspersed with rap and allegedly derogatory lyrics posted on YouTube last year).
“Where was the singer when he made and uploaded the song? He was in Taiwan. Where was the song posted? YouTube. So where did the offence take place?
“That will be one of the first things you have to consider.”
The Australian case of Dow Jones vs Gutnick was cited by Deepak as an example.
Gutnick, an Australian, sued Dow Jones & Co in Australia for publishing an article defamatory of him in one of its publications which has 550,000 Internet subscribers, of whom 1,700 are in Australia.
The High Court of Australia (the highest court in Australia) unanimously ruled that Gutnick could sue Dow Jones & Co for defamation in Australia despite the fact that Dow Jones’ server was located in the United States.
Deepak points out that the Computer Crimes Act 1997 and the Communications and Multimedia Act 1998 provide that they apply to offences in Malaysia that are committed from abroad.
He also cites the landmark English case of Godfrey vs Demon Internet Limited.

The case concerns a defamatory statement made on an Internet Usenet discussion group hosted by Demon Internet, a major British Internet service provider.
“Someone had posted messages pretending to be Godfrey, and these messages were of such a nature that they were defamatory to Godfrey’s character.
“He brought it to the attention of Demon Internet, who hosted the discussion group, and asked them to delete the forged messages, but they chose not do anything.
“The court found Demon Internet liable.”
Can a person be forced to reveal the source of his information posted on the blog?
“A person could be ordered or compelled to do so by a court order,” says Ravin.
This procedure is called the Norwich Pharmacal proceedings.
“This came from the case of Norwich Pharmacal where the (British) House of Lords held that in certain circumstances an independent action for discovery may be brought to obtain information on the identity of the wrongdoer.”
Another procedure is the Anton Pillar Order, says Ravin.
“This is where seizure of a computer may be allowed for investigations to locate electronic evidence that may be useful in locating sources of information.”
The Anton Pillar in information technology-related cases is used especially for the preservation of electronic evidence found in a defendant’s computer or within an organisation’s network.
In such cases, the extraction, preservation and presentation of electronic evidence by computer forensic experts is of great importance when prosecuting in court.
“Sources here could mean Internet protocol addresses which may be useful in tracking someone who has posted information,” says Ravin.
“This order can be termed ‘indirect forcing’ as the application for it is made without the knowledge of the person it is intended against.”
But would preventing a person from expressing himself in any way he chooses amount to censorship?
Wouldn’t this be against the Multimedia Super Corridor (MSC) Bill of Guarantees issued by the government which, among others, provides there will be no censorship of the Internet?
“The Bill of Guarantees is a list of promises given by the government in order to promote the MSC and some of it, for instance the non-censorship of the Internet, has been enshrined in our laws as well,” says Deepak.
“But what does ‘no censorship’ mean in the first place? Some people think it means that the laws don’t apply to the Internet and anything goes.

“Others, including myself, think it means that Internet content won’t be filtered, but if the content breaks the law, then the necessary legal action can be taken.
“So which is it? I think that is one of the key issues that law enforcement agencies, especially those who are on the policy end, have to deal with.”
Ravin says just because the government does not censor publications on the Internet did not mean a person could not be liable for information published which is false or meant to ridicule another person.
“There must be limitations. If not, there won’t be rule of law.”
Deepak says Section 3(3) of the Communications and Multimedia Act 1998 states that nothing in the Act authorises censorship. But what amounts to “censorship” itself is not defined.
“If I was in a law enforcement agency, what action would I take when I have complaints of offensive content being accessed or being posted on the Internet, and I have to deal with this particular section?
“From a policy perspective, there are several approaches. One is reactive, where action is taken after an offence has occurred and been reported. The other is preventive, like China’s, where content is filtered right from the start.”
Another important section is Section 263 (1) and (2) of the act which provides that a licensee shall use his “best endeavour” to ensure that the services he provides are not used for the commission of any offence under any law of Malaysia.
Upon the request of the Malaysian Communications and Multimedia Commission or any other authority, the licensee also has to assist, as far as is necessary, in preventing the commissioning of, or attempted commissioning of an offence.
“A licensee is someone like an Internet service provider. So he shall not filter content because censorship is not permitted.
“But if it comes through and he notices, or it is brought to his attention that the content is an offence under the laws of this country, under Section 263 (1) he has to use his best endeavours to stop it.
“Which in the case of websites is to actually block access. So is blocking censoring?
“I think it is arguable, as it is against the law, you are allowing the offence to continue if you don’t block it off.
“But to prevent something from coming through, isn’t that censorship?”

Illegal Internet action

• Downloading pirated content like movies and music.
• Online gambling.
• Connecting to the wireless networks of others without permission.

Do’s and don’t’s of blogging

• Do not post anything on your blog which you would not publish or say
in the physical world.
• Do not assume that you are anonymous on the Internet.
• Do not assume that blog providers will not give your information to law
enforcement agencies— read the terms and conditions.
• Do not use copyrighted materials (eg. pictures, videos) of others on
your blog without permission.


Cyber crimes: Vital to preserve evidence integrity

TO investigate a cybercrime effectively, other than identifying the person involved in the commissioning of the cybercrime, the evidence to prove the crime needs to be secured in such a way that its integrity is preserved.

If the integrity of the evidence is compromised, the evidence could be thrown out by the court.
“In cybercrime, one of the most important things are the computer logs,” says lawyer Deepak Pillai.
“So, when a computer has been used in the commissioning of a crime, and someone switches it on before the investigator comes on the scene, the integrity of the evidence could have been compromised as the very act of switching it on changes the logs of the computer.
“So, are victims of the cybercrime aware they are not supposed to do anything which affects the integrity of the evidence?

“There is also the question of how long this evidence has to be preserved before being presented in court and how it should be preserved.”
Deepak says while there is awareness of cybercrimes among the enforcement agencies, IT departments and general computer users, the depth of that awareness could be increased.
“We could do with more education and resources in tackling this area.”
Lawyer Ravin Vello says the cybercrime phenomenon is a serious problem in Malaysia and the world over.
“In Malaysia, we lack the awareness on many levels. In every organisation, whether big or small, cybercrimes can take place at the employee, management and even the board of directors level.
“In fact, on many occasions cybercrime is assisted by innocent people due to their lack of understanding on how such crimes occur.”
He says email policies in companies should also extend to network communication services such as messenger services.
“Many of these services allow messages to be sent over the Internet instantaneously. Here, defamatory comments may be exchanged as well.
“Many companies do not take heed of the fact that sensitive information is being sold or given out freely to their competitors daily.
“Can you imagine the level of losses suffered over the years by an organisation?”
Ravin suggests government departments and organisations implement computer crime infrastructure to educate employees and to increase awareness on how serious such offences could be.
Who do you call if there is a cybercrime?
“If it involves content or activities on a network, you should call the Malaysian Communications and Multimedia Commission,” says Deepak.
“If you want to trace something or require technical assistance, then you should go to CyberSecurity Malaysia.
“If the matter is criminal in nature, then you have to go to the cybercrimes unit of the police.”


Cyber crimes: #%$@?&! watch what you say online

ACCORDING to Black’s Law Dictionary, “Censorship” is to “officially inspect (especially a book or film) and delete material considered offensive”.

Communications and Multimedia Act 1998
Section 3(3): Nothing in this Act shall be construed as permitting the censorship of the Internet.
Section 4: Territorial and extra-territorial application.
(1) This Act and its subsidiary legislation apply both within and outside Malaysia.

(2) Notwithstanding subsection (1), this Act and its subsidiary legislation shall apply to any person beyond the geographical limits of Malaysia and her territorial waters if such person:
(a) is a licensee under this Act; or
(b) provides relevant facilities or services under this Act in a place within Malaysia.

Section 211: Prohibition on provision of offensive content.

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

Section 263: General duty of licensees.

(1) A licensee shall use his best endeavour to prevent the network facilities that he owns or provides or the network service, applications service or content applications service that he provides from being used in, or in relation to, the commission of any offence under any law of Malaysia.

(2) A licensee shall, upon written request by the Commission or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security.

Computer Crimes Act 1997

Section 9: Territorial scope of offences under this Act.

(1) The provisions of this Act shall, in relation to any person, whatever his nationality or citizenship, have effect outside as well as within Malaysia, and where an offence under this Act is committed by any person in any place outside Malaysia, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia.

(2) For the purposes of subsection (1), this Act shall apply if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time. Sunday, 31 August 2008 08:43am

©New Sunday Times (Used by permission)
by Sonia Ramachandran

http://www.malaysianbar.org.my

 

5 hospitals raided for violating PCPNDT Act

http://timesofindia.indiatimes.com/Pune/5_hospitals_raided_for_violating_PCPNDT_Act/articleshow/3426916.cms

PUNE: After cracking down on clinics in Mumbai for violating the anti-sex selection law- the Pre-conception and Pre Natal Diagnostic Techniques (PCPNDT) Act, the National Inspection and Monitoring Committee (NIMC) raided five city hospitals including Deenanath Mangeshkar and Poona hospital on Saturday.

The NIMC team is monitoring the implementation of the PCPNDT Act which bars using technology to determine the sex of a child. “Sixteen ultra sound machines were sealed including eight at Deenanath and five at the Poona hospital. Three machines at private clinics were also sealed,” said Varsha Deshpande, NIMC member.

Deshpande said that these hospitals were not maintaining records as per the requirement of the anti- sex selection law. “Form ‘F’ to be filled in with expectant woman’s details and a declaration by the doctor and the woman saying that they are not seeking the sex of the foetus, were found incomplete and incorrect at Deenanath and Poona hospital,” said Deshpande. Besides, many important columns were left empty, she added.

“It is a major cause of concern that super-speciality hospitals are found violating the norms. This is an indicator of what could be the situation in smaller hospitals. Declining girl-child sex ratio in cities like Pune is something that makes all of us hang our heads in shame,” said Deshpande.

The raids were conducted jointly by the Union Ministry for health and family welfare, women and child development with the PMC, said Dhananjay Chandakar, PMC deputy chief medical officer.

Dhananjay Kelkar, medical director of the Deenanath Mangeshkar Hospital, clarifying the hospital’s stand said, “Among the 600 ‘F’ forms which were filled in by the hospitals in the last two months, only four to five were not signed by the concern radiologists. Everyday, 20 to 30 forms are filled in and at times the concerned person is unable to sign on a particular form. This does not mean the papers are fake.”

 

 

31 Aug 2008, 0447 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

Hari Puttar release still on hold

http://movies.ndtv.com/newstory.asp?section=Movies&id=ENTEN20080063470

The makers of children comedy Hari Puttar – A Comedy of Terrors continue to be in trouble.

Though the release date has been fixed at Sep 19, it will depend on the next hearing of the case filed by Hollywood studio Warner Bros alleging infringement of their copyright of the ‘Harry Potter’ franchise.

Warner Bros filed the copyright case against Mirchi Movies, makers of the film.

Munish Purii, COO, Mirchi Movies, said that the next hearing will be on Sep 2 at the Delhi High Court when a judgement is expected.

The last hearing, scheduled at the Bombay High Court on Aug 25, was cancelled.

Asked what action they planned if the judgement went against them, Purii said: “Let’s wait and watch. We will see what we can do.”

Purii said he is hopeful of a favourable verdict as the title was registered way back in 2005 and feels it has no similarity to the popular Harry Potter series.

About the film, Purii said, “It is a 90 minute fun-filled film with four and a half minutes of animation where the two children take the audience for a joy ride.”

“It is a film about two children and the power of presence of mind and how the kids create a lot of hilarious sequences,” he added.

Music is an integral part of the film and the songs have been composed keeping in mind the situations in the story, he said.

“I think the music will be quite outstanding as we have tried to create fun filled music keeping in mind the storyline.”

Besides singers like Sukhwinder Singh, Sunidhi Chauhan, Aadesh Shrivastav, Shaan and Neha Bhasin, new comers like Sameer and Aishwarya of Sa Re Ga Ma Chote Ustaad fame have also sung for the movie. The music has been composed by Aadesh Shrivastav and Guru Sharma.

Directed by Rajesh Bajaj and Lucky Kohli, Hari Puttar stars Zain Khan, Swini Khara, Jackie Shroff, Saurabh Shukla, Vijay Raaz and Sarika.

Indo-Asian News Service

Saturday, August 30, 2008: (Mumbai):

http://movies.ndtv.com

 

 

Bangalore: Language Policy – Supreme Court Upholds HC Verdict

http://www.daijiworld.com/news/news_disp.asp?n_id=50462&n_tit=Bangalore%3A+Language+Policy+-+Supreme+Court+Upholds+HC+Verdict

Bangalore, Aug 30: The state government’s efforts to put its language policy on a firm footing by extracting a stay order from the Supreme Court for the state High Court verdict, has come to naught. The three-member bench of the supreme court headed by Chief Justice K G Balakrishnan, at the hearing of the special leave petition filed against the High Court judgement by the government on Friday August 29, refused to consider the government’s pleas for issuing a stay order.

The court ordered issuance of notices to managements of private unaided schools in the state, to respond to the SLP within three weeks. President of Karnataka Unaided Schools Management Association G S Sharma said that the association will study the petition and respond to it suitably. He expressed the belief that the court will not come in the way of the liberty the parents enjoy as far as choosing the kind of education and medium of instruction their wards need to have.

Earlier, the High Court had upheld the right of the private unaided schools in the state to choose the medium of the instruction of their liking, duly quashing a part of the government order making it compulsory for the schools to adopt Kannada as the medium of instruction.

Saturday, August 30, 2008 1:02:50 PM (IST)  

Daijiworld Media Network – Bangalore (SP)

http://www.daijiworld.com

 

 

Calcutta HC asks NHAI to seek govt help in Singur

http://www.business-standard.com/india/storypage.php?tp=on&autono=45665

After the Calcutta High Court yesterday directed the National Highway Authority of India(NHAI) to ensure free movement of traffic along the Durgapur Expressway, senior NHAI officials visited Singur for a  dialogue with the Trinamool Congress Chief Mamata Banerjee today.

Justice Nadera Patherya had asked the NHAI to take the help of the state government to make the highway free from obstructions. A senior official of NHAI today visited the Singur dharna site where TMC and its allies had launched an indefinite protest since Sunday. He is reportedly accompanied by the district magistrate and superintendent of police of Hooghly district and could have a dialogue with the TMC chief.

The state government said that the HC order directed NHAI to take action and it could ask for assistance from either the state or central forces. Banerjee negated allegations of obstructing the Expressway illegally. TMC has, however, constructed a temporary shade overnight to shield its supporters from the vagaries of nature.

The 65 kilometer long Expressway, which is a part of the National Highway-2, was facing acute traffic congestion since the last six days on account of the TMC-led dharna at Singur demanding return of 400 acres acquired for the Tata Motors Nano project from ‘unwilling’ farmers.

Besides affecting the small car plant site, where work has been stalled by the company indefinitely citing security reasons, other major plants in the region have also faced disturbances.

C K Birla-promoted Hindustan Motors(HM) had problems with raw material supply from North India that reached their factory at Uttarpara through NH-2. “Our vendors from the north are now sending components via the rail and the air route. We are also diverting the trucks en route our plant via alternate roads other than the NH-2. Goods are thereby taking more time to reach the plant.”, said Moloy Chowdhury, executive vice president, HM. The company, however, maintained that its production was not affected and it had no plans of shutting down the plant.

Meanwhile, Tata Motors issued a statement saying, “There has been no improvement in the ground situation so far. Hence, the conditions are still not conducive for resuming work today. We continue to assess the situation closely.”

Bs Reporter / Kolkata August 30, 2008, 16:35 IST

www.business-standard.com

Mumbai, Aug 30: The Bombay High Court on Saturday asked the police to produce reports of narco-analysis and other tests conducted on four suspects during the probe into murder of Congress leader Pawanraje Nimbalkar.

Division bench of Justices S B Mhase and V K Tahilramani also sought the entire case record from the police, before reserving the order on the petition filed by Nimbalkar’s wife Anandibai, seeking CBI probe into the case.

Nimbalkar and his driver were killed in broad daylight on Mumbai-Pune Expressway near Kalmboli, on June 3, 2006.

Nimbalkar’s wife filed the petition last year, alleging that murder was a fall-out of political rivalry between her late husband, and the NCP leader and former minister Padmasinh Patil.

The petition alleges that police are likely to be biased in the probe due to possible involvement of influential politicians. Nimbalkar and Patil were earlier close friends, but later fell out, the petition says.

Prior to the murder, Nimbalkar had sought police protection fearing threat to his life from Patil and his supporters.

Public prosecutor Anand Patil today said Navi Mumbai crime branch, which is probing the case, has “tried its best”, but probe has hit a dead-end.

Police recorded statements of around 125 persons, but probe could not make headway, Patil said, but also stated that there was no need to transfer the case to CBI.

While reserving the order, High Court asked police to hand over entire case record, particularly transcripts, reports and VCDs of narco analysis tests of the four suspects.

Police have arrested one Tanaji Patil, as a prime suspect, in this case.

Tanaji Patil spoke about Padmasinh Patil’s involvement in the murder during the narco-analysis, but police maintain they did not find any “incriminating clues” against the former minister and his associates.

Tanaji Patil also hinted about involvement of Chhota Rajan’s aides D K Rao and Vicky Malhotra during the probe.

However, both Malhotra and Rao have been in jail – in connection with other cases — since before the murder.

Bureau Report

Nimbalkar murder: Bombay HC seeks narco reports, entire case record http://www.zeenews.com/articles.asp?aid=465546&sid=REG

 

www.zeenews.com

 

 

 

Justice Manmohan Sarin appointed Jammu and Kashmir HC Chief Justice
http://www.indlawnews.com/Newsdisplay.aspx?a7bff51d-29d3-418d-ac12-ea90e29fd956

Delhi High Court Judge Manmohan Sarin has been appointed Chief Justice of the Jammu and Kashmir High Court by President Pratibha Devisingh Patil.

The vacancy in the Jammu and Kashmir HC arose with the transfer of Chief Justice Kalavamkodath Sivasankara Panicker Radhakrishnan to the Gujarat HC announced by the Law and Justice Ministry last Friday.

The transfer was ordered after presidential consultation with J & K Governor N N Vohra and Chief Justice K G Balakrishnan and Justice Radhakrishnan was directed to assume his new position within a fortnight– by September 6.

Justice Sarin’s appointment as Jammu and Kashmir HC Chief Justice is to take effect from the day he assumes charge of his office, the announcement said.

Born in October 1946, Justice Sarin enrolled as an advocate in 1979, practising in Delhi High Court, District Courts or occasionally in the Supreme Court in civil and constitutional matters.

He was appointed Additional Judge of the Delhi High Court in May 1995 and Permanent Judge in December 1996.

In India, a High Court judge retires at 62, and a Supreme Court judge, at 65.

UNI

8/30/2008

www.indlawnews.com

 

 

 

HC relief to Chahal http://timesofindia.indiatimes.com/Chandigarh/HC_relief_to_Chahal_/articleshow/3424646.cms

CHANDIGARH: In a significant relief to BIS Chahal, media advisor to former CM Amarinder Singh, the Punjab and Haryana High Court on Friday directed the state of Punjab to give three ” working” days’ notice in advance to Chahal in eventuality of his arrest or interrogation in connection with any case that might be registered against him in future.

The order was pronounced by Justice SD Anand in the wake of Chahal’s plea wherein he prayed for grant of grant of a blanket bail in cases that might be registered by the state government out of political vendetta against him owing to his proximity to Amarinder Singh.

Chahal submitted that he ” apprehended his implication in some fresh but frivolous cases” by Punjab’s present alliance regime of Shiromani Akali Dal-Bharatiya Janata Party as was evident from cases already registered against him by the state vigilance bureau.

30 Aug 2008, 0851 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

Dina can’t claim Jinnah House: Centre tells HC

http://timesofindia.indiatimes.com/Mumbai/Dina_cant_claim_Jinnah_House_Centre_tells_HC_/articleshow/3424165.cms

MUMBAI: In a fresh affidavit before the Bombay high court on Friday, the centre admitted that there were “differing views” over the issue of handing over Jinnah House to Mohammed Ali Jinnah’s only daughter Dina Wadia. It also said that though there was a recommendation from former external affairs minister Jaswant Singh in 2001 to give the Malabar Hill mansion ‘on a long-term lease’ to her, such ‘internal views’ do not create any vested rights in her.

The government said that since the final decision was taken in public interest to convert the property into a cultural centre, “any contrary view taken earlier and subsequently reversed, is an internal matter of the Indian government and surely creates no right in Dina Wadia” .

The affidavit was filed by the centre’s advocate Vinod Joshi after the HC adjourned the matter to October 24. It laid down the sequence of events of its ‘internal deliberative process’ and pointed out that there was no communication acceding to Dina’s request of taking the house on a ‘long lease’ . “The efforts of Dina to base her claim on internal governmental process and views that may have been taken, are entirely misguided.”

In court, additional solicitor general Gopal Subramaniam , said some information sought under the RTI Act by Dina’s son Nusli Wadia cannot be disclosed as it concerned relations with a foreign state but said the “entire record of Jinnah House right from the inception would be produced in court” .

Dina (88), who resides in the US, claims to be Jinnah’s sole heir. She contends that the government had earlier decided to grant her a long-term lease on it.

The government affidavit said the centre’s stand was that its final decision was to utilise the property as a cultural centre . “Views that preceded this decision can’t be relied on by Jinnah’s daughter” , the centre’s affidavit said.

The government clarified, “After receiving Dina’ letter dated July 2001, the then external affairs minister, Jaswant Singh, wrote to the prime minister recommending that Jinnah House be given to her on a long-term lease, subject to conditions. “This note was obviously not preceded by any inter-ministerial deliberations. The PM then directed the attorney general, urban development, home and law ministries to be consulted . The urban development ministry indicated that it had no objection to the house being given on long-term lease. But in December 2001, the home ministry strongly objected to the grant of any such long-term lease to her.”

The then attorney general said a ‘fair and equitable solution would be to grant a longterm lease to Dina Wadia’ . The views of several ministries were once again solicited in June 2002. The MEA minister once again put up a note to the PM, saying the property be given on long-term lease to Jinnah’s daughter.

The PM endorsed the MEA minister’s views on July 2, 2002. But then a new MEA minister, Yashwant Sinha, was appointed in July 2002 and the foreign secretary placed a note before him that the “most practical decision would be to convert the house into a cultural centre” .

Once again then the matter was sent back to the attorney general who, in October 2002, reiterated his earlier stand. But the foreign secretary in November said ‘the rule of law couldn’t bend to pragmatic consideration’ and the external affairs minister Sinha wrote to the PM, agreeing with the foreign secretary.

The PM in December 2002 endorsed the view that the house can’t be given on a long lease to Dina and the present government has continued to endorse this view, the affidavit said.

Court allows kin of Fatima Jinnah to intervene

Mumbai: The high court on Friday allowed the descendants of Fatima Jinnah, to whom Jinnah House was ‘bequeathed in May 1939′, to intervene in the petition. The interveners, termed Dina’s claim as “false’ ‘ and claimed 1/6th undivided interest in the residual rights of Fatima. According to them, one Ashraf Rajabally Ebrahim bequeathed her estate equally to them by her will dated March 24, 1986, as they were her son and grandson respectively . TNN

30 Aug 2008, 0519 hrs IST, Swati Deshpande ,TNN

http://timesofindia.indiatimes.com

 

 

 

HC admits plea filed by slain realtor’s father

http://timesofindia.indiatimes.com/Hyderabad/HC_admits_plea_filed_by_slain_realtors_father_/articleshow/3424323.cms

HYDERABAD: Justice Goda Raghuram of the Andhra Pradesh High Court on Friday admitted a petition filed by B Raghavender Reddy, whose son realtor Prashant Reddy was allegedly shot dead by former APCC president K Keshava Rao’s son Venkat Rao a year ago.

Following apprehensions expressed by Raghavender Reddy that the accused in this case was influencing the process of investigation and also theprosecution, the court sent notices to the respondents – secretaries of law and home, the director of prosecutions and Venkat Rao, the main accused in the case.

The petitioner sought the appointment of a special public prosecutor exclusively for assisting the trial court where the trial is going to be commenced from September 1. The judge gave two weeks time for the respondents to file their replies.

30 Aug 2008, 0619 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

HC steps into admission row

http://timesofindia.indiatimes.com/Delhi/HC_steps_into_admission_row/articleshow/3423753.cms

NEW DELHI: Delhi High Court on Friday sought a response from the NCT government on a petition filed by a 13-year-old boy who was allegedly denied admission by one of the schools run by it.

Justice Vipin Sanghi issued notice to the government and the school, asking them to file their response by September 18 when the matter would be taken up for further hearing.

Armaan Khan, who filed the petition was allegedly refused admission by the principal of a senior secondary school in south Delhi. The petitioner contended that he approached the government school to seek admission in class 6 as he could not afford the fee charged by private schools. But his application was rejected on the pretext that the date for fresh admissions was already over.

He also alleged that the principal of the school used derogatory language against him and shunted him out when he went to seek admission as the institute was located close to his residence.
‘‘The principal’s behaviour was highly uncultured and inhumane. She also used derogatory language,’’ advocate Ashok Agrawal appearing for the child said while pleading for action against her and seeking immediate admission of the kid.

‘‘Absurd questions were asked from the child, as if he is a criminal. He was asked in detail about all his activities in past one year when he was out of school,’’ the advocate informed HC, arguing that this way Armaan’s fundamental right to education was being violated as also HC guidelines ignored. The writ petition further narrated how once the advocate and the child approached department of education for relief, the education officer also accorded them similar treatment.’’

Widow compensated for man’s electrocution: A civil court awarded over Rs 16 lakh as damages to a woman and her three minor children, holding a contractor and a house-owner guilty of negligence which resulted in her husband getting electrocuted while working as a construction worker at the house.

The court, which also awarded an interest at the rate of 6% on the compensation of Rs 16.80 lakh, said, ‘‘Sulena Devi is entitled to the recovery of damages on account of the death of deceased, Munshi Sahni, from Khem Chand Pal (house-owner) and Surendra Kumar (contractor).’’

 

30 Aug 2008, 0200 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Judge’s phone-tapping case: HC seeks report from Special Cell

http://www.hindu.com/thehindu/holnus/002200808221970.htm

New Delhi (PTI): The Delhi High Court on Friday sought a detailed report from the Special Cell, city police’s anti-terrorist unit, over a Metropolitan Magistrate’s allegation that his mobile phone calls have been illegally tapped by police.

The court also sought details related to the magistrate’s telephone from Airtel, the cellular service provider.

Justice G S Sistani issued notice to police and directed them to place before it by September 24 a report giving details of calls that were tapped from the judge’s mobile phone.

In a letter written to the Chief Justice in May this year, a Magistrate from Tis Hazari court alleged that Inspector Rajender Singh Pathania, posted in the Special Cell, had illegally recorded his mobile phone conversations.

Seeking action against the police officer, the judge claimed that he had confirmed from the mobile phone service provider, Airtel, that the Special Cell had kept his phone under observation for monitoring his calls.

The magistrate alleged Pathania was harassing him due to ulterior motives, the complainant judge said.

Explaining an earlier instance, the Magistrate said that when Pathania was the SHO of Samaipur Badli he had falsely implicated his (judge’s) cousin and his friend in a criminal case last February.

However, on a petition by victims, the FIR in the case was quashed by the High Court which also reprimanded the Inspector for his “conduct,” causing harassment of public.

The High Court had also ordered for a CBI enquiry against the inspector besides imposing a fine of Rs 25,000 on him and his other colleagues, the judge wrote in the letter.

Perturbed by the court’s order, the cop became revengeful and started troubling me, the magistrate alleged.

Friday, August 22, 2008

www.hindu.com

 

 

Faisal Khan moves HC against ouster from ‘Big Boss’

http://timesofindia.indiatimes.com/Mumbai/Faisal_Khan_moves_HC_against_ouster_from_Big_Boss/articleshow/3391705.cms

MUMBAI: A day after protests by RPI activists against the exclusion of their leader Ramdas Athavale from the reality show ‘Big Boss,’ it’s now the turn of Bollywood actor Aamir Khan’s brother Faisal Khan.

Faisal on Thursday approached the Bombay high court challenging a city civil court’s order refusing to stay the telecast of the show. Faisal too is protesting the channel’s decision not to include him in the show, claiming it was done under pressure from Aamir.

Fa i s a l had filed a plea in court alleging that a contract had been signed between him and Viacomm 18 media for participating in the show, but was terminated at the last moment, allegedly at the behest of Aamir Khan.

According to Faisal, he was promised a signing amount of Rs 7 lakh, of which the channel had already paid Rs 5.25 lakh, with the remaining amount to be paid in 15 days. Faisal has alleged that his brother, who was always “jealous’ ‘ of his success, had used his influence as a Bollywood actor and filmmaker to terminate his contract. Faisal’s application for a stay on the telecast was rejected by the civil court which held that no “irreparable loss” had been caused to him

22 Aug 2008, 0634 hrs IST,TNN

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HC quashes govt fiat on surrender of surplus land

http://timesofindia.indiatimes.com/Mumbai/HC_quashes_govt_fiat_on_surrender_of_surplus_land_/articleshow/3391714.cms

MUMBAI: A division bench of the Bombay high court has struck down two government resolutions (GR) issued in 2007 which asked land owners in possession of surplus land to hand over 5% of the built up area to government nominees at extremely concessional rates.

The plaintiff-a former MLA from Nagpur-argued that such schemes only gave unfettered powers to government agencies to “allot land to the men of their choice”.

The petitioner, Mohan Mate, quoted from the report of a oneman inquiry commission called the Justice Batta Commission to argue that such schemes were invariably misused to make land allotments to cronies of those in power.

The commission had pointed out in December 2007 that of the 1600 hectares acquired by the state government under the Urban Land Ceiling Act (ULCA), 400 hectares had been distributed amongst ministers’ cronies instead of being used for low-cost housing. Soon after the report was released, the government had discontinued a land buy-back scheme.

Mate argued that similar misuse of land would occur if the two GRs he had challenged in court were not struck down.

The state on its part told the court that it was compelling land holders to sell 5% of their built up area at one-fifth of the market rate only to provide housing for the economically weaker sections of society. The court was also informed that these land owners had been granted exemption under ULCA to hold surplus land with the understanding that they would surrender 5% of the plots to the government for providing “affordable housing for the poor” .

The state pleaded that it issued the two GRs only after the land owners started constructing multi-storied buildings and sold them to the rich.

However, justice D D Sinha and A P Bhangale held that under the ULCA the state government only had powers to withdraw the exemptions it had granted to land owners holding excess lands and not revoke or cancel building permits granted under the Maharashtra Regional and Town Planning Act.

The court finally said that the state was “not clothed with jurisdiction’ ‘ under ULCA to issue the GRs in the first place. It also considered the findings of the Justice Batta Commission while deciding the matter.

22 Aug 2008, 0625 hrs IST, Kartikeya ,TNN

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Fake encounter: HC admits plea seeking probe

http://timesofindia.indiatimes.com/Ahmedabad/Fake_encounter_HC_admits_plea_seeking_probe/articleshow/3391526.cms

Ahmedabad: The Gujarat High Court on Thursday admitted a writ petition seeking an independent inquiry into the alleged fake encounter of a Bhavnagar youth, Sadiq Jamal Mehtar, in January 2003. The court has kept the case for final hearing on October 7.

Sadiq’s brother Shabbir had filed the petition last year alleging that Sadiq was killed in police custody and he was wrongly dubbed as a terrorist by Gujarat police.

Blaming senior police officials like PP Pandey and DG Vanzara of planning Sadiq’s murder, his brother has sought CBI probe into the incident.

He has also complained that the family didn’t raise a voice because they were threatened by cops, and came to know about the episode after Mumbai-based journalist Ketan Tirodkar spilled the beans in a case in MCOCA court.

However, Justice AS Dave admitted the petition after prolonged arguments by advocate Mukul Sinha on whether this complaint could have been filed in a lower court. The lawyer contended that the petitioner was seeking CBI probe and the lower courts don’t have powers to direct the central agency to investigate the case. Moreover, these courts also face limitations in ordering police officials of certain ranks.

According to city crime branch, Sadiq was a Lashkar-e-Toiba operative and had come to the city with intention to kill Chief Minister Narendra Modi. On January 13 night, he was killed in a shoot-out after he opened fire on police.

On the other hand, Shabbir has claimed that it was a design of Gujarat police in connivance with Mumbai’s encounter specialist cop, Daya Nayak to murder Sadiq and labelled him a terrorist seeking an avenge of 2002 Gujarat riots

22 Aug 2008, 0504 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

HC takes cognisance of Naxal letters

http://timesofindia.indiatimes.com/Nagpur/HC_takes_cognisance_of_Naxal_letters_/articleshow/3391445.cms

NAGPUR: In a setback to state government’s efforts to extend custody of suspected Naxals, Bombay high court’s Nagpur bench has taken serious cognisance of letters written by 12 alleged Naxals to the court stating their alleged harassment by the authorities of central jail.

The court has appointed Advocate Vasant Khaparde as amicus curiae in the case and directed him to club all 12 letters written by the prisoners in a petition. A criminal division bench comprising justices Kishor Rohee and A P Bhangale will be hearing the petition on August 28 for first time.

Maharashtra through its secretary of home department, deputy inspector general (DIG) of prison in Nagpur, superintendent of prisons, and medical officer of central jail in Nagpur were made as respondents in the petition.

According to the information, the 12 alleged Naxals, including Anil Mhamane, Murli Ashok Reddy and Arun Ferreira have written individual letters to the deputy chief minister of Maharashtra R R Patil, district court and high court. Out of them, Dharmendra Burle and Naresh Bansod were released from the jail after they were granted bail by the court.

 

The 10 petitioners, who are presently serving their jail terms in Nagpur central jail, had alleged in their letters written on April 4 that they were innocent social activists and had been falsely labelled as Naxals.

The petitioners had severely opposed their solitary confinement in ‘Anda’ or high security cell by the jail authorities. They also clamoured for facilities like unobtrusive and extended time for meeting their legal counsels and telephone facilities. In their letters the inmates protested against alleged high-handedness by the Nagpur central jail administration and demanded an inquiry by a retired high court judge.

The petitioners demanded same treatment as meted out to other inmates in the jail. To support their cause, they even went on more than two week-long hunger strike that was regularly reported by TOI in its editions.

Interestingly, the members of a fact-finding committee, including individuals belonging to several human rights groups across the country, led by advocate Mahrookh Adenwalla, also claimed that the petitioners were treated in an ‘objectionable’ manner in the prison and the government had falsely implicated them by foisting ‘false charges’.

The high court had also directed the principal district and sessions judge to conduct an enquiry into hunger strike by these inmates alleging harassment. The enquiry was done by ad-hoc district judge A R Tiwari and he had reportedly submitted his report to the district court as well as high court.

The report also recommended providing necessary medical help, which was lacking, to the jail inmates. The court also took cognisance of the compliant of the counsels of petitioners Surendra Gadling and Anil Kale, on the alleged mishandling of prisoners in central jail.

vaibhav.ganjapure@timesgroup.com

22 Aug 2008, 0347 hrs IST, Vaibhav Ganjapure,TNN

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Fashion fiasco: Police probe gets HC nod

http://timesofindia.indiatimes.com/Mumbai/Fashion_fiasco_Police_probe_gets_HC_nod/articleshow/3391502.cms

MUMBAI: The infamous wardrobe malfunction case of 2006 has come back to haunt models Carol Gracias and Gauhar Khan. The Bombay high court on Thursday lifted its stay and gave the go-ahead to the police to complete investigations in the case.

Justice Abhay Oka passed the order on a petition filed by Ravi Krishnan, managing director of IMG, which hold the Lakme India Fashion Week in Mumbai. “The police have to investigate and file a report in court,” said additional public prosecutor Dinesh Adsule.

The wardrobe malfunction had occurred during the Fashion Week held between March 28 and April 1, 2006. First Carol Gracias’ halter top slipped off as she was walking on the ramp for designer Benu Sehgal’s show. Days later, model Gauhar Khan’s skirt split at the zipper end during designer Lascelle Symons’ show.

Initially the social services branch had conducted an investigation and given the models and the organisers a clean chit saying the incidents were an accident. Subsequently, a city resident had filed an application before the Metropolitan Magistrate’s court at Esplanade urging it to charge the models and organisers for obscenity. The magistrate had issued criminal proceedings, following which Krishnan moved the high court, which stayed the case.

 

22 Aug 2008, 0414 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

HC backlog mounting each year

http://timesofindia.indiatimes.com/Goa/HC_backlog_mounting_each_year/articleshow/3391209.cms

PANAJI: There are more than 5,600 cases pending before the high court of Bombay at Goa, some of them for 10 years and the number has increased several fold from 1,359 in the year 1998 to 5,680 in July 2008.

The number of cases pending in 1999 was 1,652, which increased to 2078 the following year. This almost doubled to 4,150 in the year 2005. On an average, between 300 to 400 new cases are added to the list of pending cases annually. These figures were revealed in the Assembly.

Besides, PILs filed against the state government have increased from four in 2005 to 15 in 2007. In 2008, five PILs have already been filed. Of the 32 PILs filed from 2005 to 2008, 18 have been disposed off while 14 are still being heard.

To ease the backlog, the chief justice of the Bombay high court, Justice Swatanter Kumar had in October 2007 proposed a project called ‘Arrears Free Court’ for Goa, which would ensure quick justice, as cases would be decided in 24 to 30 months. However, the project, the first of its kind in the country, will become a reality two to three years from now.

CM Digambar Kamat, who holds the law portfolio, told the House, “At present there are as many as four judges, who sit on the Goa bench to take up the pending matters. Apart from this, generally speaking there has been bunching/classification of matters and formation of special benches or conduction of special drive coupled with the afternoon session is exclusively reserved for taking up final hearing matters. All efforts are being made to control and reduce the arrears.”

 

22 Aug 2008, 0139 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

HC refrains from commenting on Kulkarni affidavit

http://timesofindia.indiatimes.com/Delhi/HC_refrains_from_commenting_on_Kulkarni_affidavit/articleshow/3391094.cms

NEW DELHI: The conduct of Sunil Kulkarni, a key though controversial eyewitness in the BMW hit-and-run case who spearheaded the sting operation, didn’t escape attention of Delhi HC.

Though a division Bench, comprising Justices Manmohan Sarin and Madan B Lokur, frowned upon claims and counter-claims made by Kulkarni during the course of its hearings, on Thursday it maintained a studious silence over his role. Kulkarni, who had all of a sudden appeared before HC soon after it took suo moto cognizance of the sting tapes, had claimed in an affidavit that he was forced to name Anand in the sting operation.

According to the transcript of the sting, Kulkarni was asked by Khan to meet ‘Bade Sahab’ to strike a deal in the BMW case, in which connection he was summoned to depose as a court witness. Kulkarni, in his affidavit, took a U-turn and alleged he was under pressure and the sting had been ‘manipulated’.

But the high court chose not to focus on Kulkarni’s conduct. “We do not wish to comment on the affidavit of Kulkarni. It was filed by him without permission from this court and without any directions having been given to do so. We feel that any comment on his affidavit may be capitalized on in the BMW case by either of the parties and therefore refrain from saying anything, one way or the other on its contents,” the two judges observed.

They added that Kukarni’s affidavit was actually an ‘afterthought’ as it was contrary to the spontaneous reactions shown in the sting videos.

“We are not prepared to accept the affidavit of Kukarni for three reasons. Firstly, the conversation featuring him was impromptu and a part of the sting operation…secondly there is no question of Kulkarni being pressured by the channel to call Anand as ‘Bade Saheb’, and thirdly the explanations given by him in a video recording are spontaneous unlike in the affidavit that came much later,” said the court.

abhinav.garg@timesgroup.com

 

22 Aug 2008, 0045 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

Stephen’s can appoint its principal: HC

http://timesofindia.indiatimes.com/Delhi/Stephens_can_appoint_its_principal_HC/articleshow/3391100.cms

NEW DELHI: St Stephen’s College is likely to get a new principal within two months as the Delhi High Court on Thursday upheld the college management’s right to appoint the head of the institution and gave it time till October 21 to fill the post lying vacant since 2007.

Allowing a petition filed by the college management challenging the Delhi University’s (DU) ordinance asserting its right to have a say in Principal’s appointment (it asked the governing body of the college to forward a list of
applicants for the post of principal), a division Bench of chief justice A P Shah and justice S Muralidhar made it clear that clause 7(2) of Ordinance XVIII would not be applicable on the college, since it is a minority institution.

Referring to SC rulings, the Bench in its judgement observed “It is clear that the right of minority educational institutions to appoint the head of institution cannot be taken away by any rule or regulation or any enactment made by state even if the institute is receiving 100 per cent aid… The law which interferes with minority’s choice of principal would be violative of constitution.” The court added “Choice of the management of such a college (minority institution) is absolute in the appointment of its principal.”

HC maintained that the only restriction that could be imposed on the College by DU was of asking it to adhere to eligibility criteria drawn up by DU for selecting its principal.

The court’s observation came while hearing a petition filed by St Stephen’s college challenging clause 7(2) of DU ordinance which says the college has to forward the list of applicants to DU for its consideration for the appointment of the principal. In its petition, the college contended that the University wants to control the management of the minority institution under the garb of maintaining high standards of education and therefore sought it be struck down with respect to the college.

 

22 Aug 2008, 0047 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Judiciary Not Open To Public Scrutiny Through RTI: Ministry of Law

http://www.india-server.com/news/judiciary-not-open-to-public-scrutiny-3165.html

When judiciary itself wants to sow the seeds of transparency, the Ministry of Law says that judges are not open to public scrutiny through Right to Information (RTI). The Ministry of Law and Justice putting it more precisely has said that RTI does not cover Supreme Court and High Court judges. The move may hamper the movement towards transparency in governmental actions.

 

The Ministry submission in Delhi High Court says that Constitutional authorities like the President, CJI, SC judges, CJs of High Courts and other judges of the High Courts are outside the purview of the RTI Act. The new argument from government behalf is contrary to CJI K. G. Balakrishnan’s note to Chief Justices of all High Courts which asks them declare their assets.

 

The new argument has come in the case where Law Ministry was asked to show the files related to the transfer of High Court judges between 2005-07. Also, the move is contradictory to the Parliamentary committee on Law, Justice and Personnel’s opinion that except the judicial decision making, all other activities of administration and persons included in the judiciary are subject to RTI Act.

Last Updated: 22-08-2008 13:40:01 IST

www.india-server.com

 

 

 

Cash-for-Judgement scam busted, lawyer held

Chandigarh: A cash-for-judgement scam has been unearthed in Chandigarh, possibly exposing one of the biggest scams involving the judiciary in Punjab so far. A top lawyer is among three persons who have been booked by the police and the investigation is likely to throw up bigger names.

Sanjeev Bansal is the first top lawyer to be arrested in Chandigarh in the cash-for-judgement scam that came to light last week.

The former additional advocate general of the Punjab and Haryana High Court Bar Association allegedly sent Rs 15 lakh to the house of newly-appointed High Court judge, Nirmaljit Kaur. The man carrying the package, Bansal’s assistant, was intercepted by the police and then all hell broke loose.

ASP Chandigarh, Madhur Verma says, “We have registered a case under sections of the Prevention of Corruption Act and Section 120-B of the IPC. We are investigating the matter.”

The two men are pleading that the cash was an advance payment on a sale deed and that Prakash had gone to the wrong address. The package, they say was intended for person by the same name.

Meanwhile, the High Court Bar Association is up in arms and Bansal has been suspended from its ranks.

But the association won’t stop there. Following Wednesday’s meeting, they are now demanding that cases be withdrawn from presiding judges who are suspected of being involved in the bribery scandal and that local judges be transferred out to reduce the probability of their indulging in corruption

The President of Punjab and Haryana High Court Bar Association, Rupinder Khosla says, “We think this is a fortunate incident as finally there is evidence of the wrong things going on.”

Lawyers at the Punjab and Haryana High Court say they always suspected something was amiss with the judiciary. Now, all that they are hoping for is a fair inquiry into the matter.

Published on Thu, Aug 21, 2008 at 17:39 in Nation section

www.ibnlive.com

 

 

Government aid to bereaved family challenged
http://www.newindpress.com/NewsItems.asp?ID=IER20080822020725&Page=R&Title=Kerala&Topic=0

KOCHI: A public interest writ petition has been filed before the Kerala High Court praying to quash the State Cabinet’s decision to grant an assistance of Rs 2 lakh to the parents of Sr Anupa Mary, an inmate of St Mary’s Convent, Kollam, who committed suicide on August 11, 2008 allegedly due to the mental torture meted out to her from the superiors.

The petitioner, Peter George of Edakochi, a teacher by profession, has also prayed to direct the government to prepare proper guidelines for financial assistance to the dependents of any person committing suicide or meeting with accidental death, and publish them for public knowledge.

According to the petitioner, the writ petition had been filed to prevent misuse of public money by offering financial assistance in undeserving cases. The Cabinet on August 13 decided to grant Rs 2 lakh to the parents of the deceased nun without following any guidelines or principle.

No such financial assistance had been given so far to the bereaved family of agriculturists who committed suicide on account of their inability to repay agricultural debts.

Moreover, this kind of assistance will convey a wrong message and will be an incentive for others to commit suicide. Hence, the Cabinet decision is unjustifiable, the petitioner has pointed out.

Friday August 22 2008 02:07 IST

Express News Service

www.newindpress.com

 

Inquiry sought into 115 BJP MLAs’ US trip http://timesofindia.indiatimes.com/Bangalore/Inquiry_sought_into_115_BJP_MLAs_US_trip_/articleshow/3391790.cms

Bangalore: A petition seeking an inquiry into the proposed US trip of 115 BJP MLAs, including chief minister B S Yeddyurappa, has been filed in the high court.

A Bangalore advocate sought a stay on the trip to Chicago to be undertaken by MLAs to participate at the AKKA convention, saying they plan to go abroad for a jaunt at tax-payers ‘ expense while the state is reeling under floods and other calamities.

“Tax-payers ‘ money is being wasted to finance this uncalled-for trip. An inquiry should be ordered,” the petitioner said. The plea is likely to come up for hearing in a day or two.

Retirement age rules to be changed in a month

The government has said it will take one month to amend Karnataka Civil Services Rules to incorporate raising of government employees’ retirement age from 58 to 60 years. It has initiated the process of making the amendments, it said.

Jagadish Shastri, a Bangalore-based advocate , filed a PIL challenging a government order (GO) dated July 28 seeking to implement the change effective from July 17.

“The GO was issued without effecting amendments to the Karnataka Civil Service Rules. The government did not call for objections from the people concerned before taking this decision. This will further ruin the prospects of young job aspirants,” the petitioner has claimed.

Govt told to ensure free flow of traffic

A division Bench has directed the government to take more measures to ensure free flow of traffic in the city. It disposed of a PIL filed by B Krishna Bhat, seeking a directive to the authorities to fix traffic bottlenecks.

toiblr.reporter@timesgroup .com

22 Aug 2008, 0716 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Court declines to stay Chiru’s Tirupati rally gets court approval

 

http://howrah.org/india_news/25326.html

NEW DELHI

Aug. 21: Decks have been cleared for Telugu filmstar Chiranjeevi’s rally in Tirupati in Andhra Pradesh on August 26, with the Supreme Court declining to give stay orders on the public interest petition (PIL) filed by the Intellectual Forum. This assumes significance, as Mr Chiranjeevi is to hold his maiden political rally, where he would unveil the party’s flag and agenda in Tirupati on August 26.

Mr Chiranjveevi filed a caveat to ensure that he is heard and his version taken into account and that the petition is not heard or interim orders passed ex-parte. Although noted constitutional expert Fali Nariman’s son Rohington Nariman was present, there was no necessity for him to speak, as the three-judge bench of the apex court, comprising of Justice Aggarwal, Justice H.S. Bedi and Justice Singhvi adjourned the case, saying arguments would be heard. The bench declined to pass any interim orders restraining Mr Chiranjeevi from going ahead with the proposed rally.

The Intellectual Forum filed the PIL to oppose the sanction of permission to stage a rally at the Alivala tank-bed area in Tirupati. A Special Leave Petition was filed in 2000 in the AP high court.

Notice to Centre on Katchatheevu island PIL

http://www.helluvablog.com/notice-to-centre-on-katchatheevu-island-pil.php

The Madras High Court on Wednesday issued notices to the Centre on a PIL seeking a direction to the External Affairs Ministry to implement the 1974 Indo-Lanka accord to protect the fishing rights of Indian fishermen off Katchatheevu island in the Palk Straits.

A division bench of Chief Justice A K Ganguly and Justice F M Ibrahim Kallifulla ordered after taking up the PIL, filed by Chennai-based Pandilakshmi, for hearing.

The PIL said that the Indian government on June 28, 1974 entered into the agreement with the Sri Lankan government to resolve the claim of Katchatheevu by both the countries.

The broad objective of the agreement was to recognise the sovereignty of both the nations over their territorial waters and in no uncertain terms unequivocally recognise the right of Indian fishermen to carry on the fishing operations off Katchatheevu, an uninhabited island in the Palk straits.

The PIL contended that after the ethnic conflict broke out in Sri Lanka around 1985, the Sri Lankan government started preventing the Indian fishermen from fishing near the island and the Indian government never objected to it.

Above all, the Sri Lankan government had resorted to unprovoked firing upon the Indian fishermen, resulting in the loss of lives of fishermen, the PIL submitted, adding that the Indian government, being a party to the aforesaid agreement, was duty bound to enforce the traditional fishing right of Indian fishermen off the Katchatheevu island.

ASIANAGE  

21 August, 2008 04:30:48

By Our Special Correspondent

http://howrah.org

 

NCP leader Atram to move high court

http://timesofindia.indiatimes.com/Mumbai/NCP_leader_Atram_to_move_high_court/articleshow/3387727.cms

Mumbai : A day after the Pune sessions court rejected his anticipatory bail plea, NCP leader and former minister Dharmrao Baba Atram will move the high court on Thursday. “We are filing an application before the HC on Thursday,” said Sachin Dhakephalkar, counsel for Atram.

Fearing arrest for his alleged involvement in the killing of a chinkara, Atram had filed an application for anticipatory bail before the Pune sessions court on August 11. In its interim order, the court rejected his plea, however, the case was fixed for August 19 for final orders. Meanwhile, Atram had moved the high court, which asked the forest department not to arrest him till August 18. Immediately after his plea was rejected by the court on August 19, he left the Pune hotel he was staying at. Forest officials launched a massive search for Atram, but could not trace him.

The charge against Atram is that he was directly involved in the killing of a chinkara on June 14. Subsequently, the forest department arrested three persons, including Atram’s bodyguard

21 Aug 2008, 0907 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

SC orders fresh bids for Super Bazar

http://timesofindia.indiatimes.com/Delhi/SC_orders_fresh_bids_for_Super_Bazar/articleshow/3391064.cms

NEW DELHI: Efforts to revive the once popular Super Bazar chain of retail stores in the Capital inched closer towards its goal on Thursday with the Supreme Court setting September 8 as the deadline for three existing bidders to submit fresh bids.

But the biggest loser appeared to be NDMC, which owns the building in Connaught Place. The NDMC had demanded that the bidders be asked to factor in rent arrears of Rs 64.25 crore in their bids, but it got only Rs 2 crore.

The demand of Rs 64.25 crore was supported by an evaluation committee report given to the court by additional solicitor general Amarendra Saran. However, a Bench comprising Justices S H Kapadia and B Sudershan Reddy found that two of NDMC’s earlier resolutions had mentioned rent arrears of Rs 2.01 crore and decided that it would not get more than that. The evaluation committee was tasked by the court to quantify the market value of the assets and liabilities of the retail chain, which has been closed for over five years.

Appearing for the Centre, ASG Saran said the wage arrears had been quantified at Rs 53 crore, which the three bidders would have to take into account.

22 Aug 2008, 0033 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

SC asks SVPCL to return IPO money

http://economictimes.indiatimes.com/Market_News/SC_asks_SVPCL_to_return_IPO_money/articleshow/3390963.cms

MUMBAI: The Supreme Court has upheld the Securities Appellate Tribunal judgement, asking Hyderabad-based SVPCL to refund the application money, along with interest, to investors who had applied for the company’s initial public offer.
The decision will provide relief to nearly 10,000 investors, who are expected to get a refund in eight days along with 15% interest once SVPCL receives the copy of the order.

The IPO was floated in October last year, and raised Rs 34.5 crore. Though the issue was fully subscribed, BSE denied permission for the shares to be listed on the exchange. This was because UTI Securities, the lead merchant banker responsible for post-issue compliances, had expressed its inability to give an undertaking as required by BSE under Section 73 of the Companies Act, 1956.

The IPO, which got subscribed little over one time, was stalled after BSE refused listing permission as the company had inadvertently mentioned on the cover page of its red-herring prospectus that at least 50% of the net issue to the public shall be allocated on proportionate basis to QIB. The legally appropriate term to be used was ‘up to’, and not ‘at least’.

The company then approached Sebi, who gave a green light to the issue, provided SVPCL gave an option to the investors to withdraw their applications. The company then approached BSE, but in the meantime, an investor had filed a complaint with Sebi against the company for alleged wrong-doing.

Sebi once again asked the company to issue another notice along with withdrawal option and gave it a go-ahead on January 4, 2008, which was a Friday. The company approached BSE to list the shares on January 7, but was turned down by the exchange as the 10-week period from the date of closing of the IPO has lapsed as required under Section 73.

The company once sought SEBI’s intervention. However, the regulator told the company to let BSE decide on the matter. BSE asked UTI Securities to provide an undertaking, certifying that Section 73 has been complied with. UTI Securities did not oblige as the 10-week period had lapsed. Consequently, BSE refused permission to the company to list.

SVPCL challenged BSE’s move in the Andhra Pradesh High Court, saying the delay was due to the pending complaint with SEBI, which was beyond its control. The court issued an interim order to BSE and NSE to allow only the listing, but not trading of the shares on the exchanges. But BSE challenged the interim order and told the court that the matter should be looked into by SAT.

SAT ruled that the issue was deemed to have failed because the company failed to appeal against NSE’s deemed refusal.

The company said it could not approach NSE, since it had named BSE as the designated stock exchange. The in-principal sanction given by NSE specifically asks for the basis of allotment as finalised by the designated stock exchange (in this case, BSE) as well as the notarised copy of listing agreement with the designated stock exchange.

SAT agreed that SVPCL could not have approached NSE, but said the company should have appealed against the deemed refusal. The company finally appealed before the Supreme Court, which dismissed the case upholding SAT judgement.

 

22 Aug, 2008, 0001 hrs IST,Apurv Gupta, ET Bureau

http://economictimes.indiatimes.com

 

 

 

APMCs not exempted from income tax: SC

http://www.hindu.com/thehindu/holnus/015200808212076.htm

New Delhi (PTI): The Supreme Court on Thursday held that farm goods market regulator Agricultural Produce Marketing Committees are liable to pay income tax, citing that they are not local authorities.

A bench headed by Justice S H Kapadia, while dismissing a batch of petitions filed by the APMC, Delhi, upheld the Delhi High Court ruling that ruled against the committees.

“Parliament has defined ‘legal authority’ to mean – a Panchayat as referred to in clause (d) of Article 243 of the Constitution of India, Municipality as referred to in clause (e) of Article 243P of the Constitution of India.

“However, there is no reference to the Article 243 after the words Municipal Committee and “District Board”. In our view, the Municipal Committee and District Board in the said Explanation are used out of abundant caution… Parliament has retained exemption for Municipal Committee and District Board apart from Panchayat and Municipality,” the court stated.

It refused the petitioners’ contention that APMC was a local authority created by a statute to perform functions in a notified area.

The judgement will have huge revenue implication as the cumulative tax effect is expected to run in thousands of crores. There are around 3,000 such marketing committees, constituted under the Act of Parliament or the State Act, in the country.

Such committees are competent to levy and collect market fee from every purchaser of agricultural produce sold in the market area and authorised to grant, suspend and cancel a licence granted to its members.

The petitioners had contended that they had the power and authority to levy and collect Market Fees and the fact that the Government exercises control did not take away the statutory power granted under Section 62 of the 1998 Act.

Thursday, August 21, 2008

www.hindu.com

 

Pereirawadi’s fate will be known in six weeks

http://www.dnaindia.com/report.asp?newsid=1184976

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The Bombay High Court (HC) on Thursday directed state government’s high-powered committee (HPC) to decide the matter concerning the redevelopment of Bandra’s Pereirawadi under a slum rehabilitation scheme within six weeks.

A letter written by the residents of Pereirawadi to the HC was converted into a suo motu PIL.

Residents had objected to the demolition of their houses and had filed a complaint alleging fraud by the developer, which is pending with the HPC.

Government pleader DA Nalawade informed the court that CM Vilasrao Deshmukh had ordered a stay on the eviction of residents and demolition of structures on
Wednesday.

Justice Swatanter Kumar and Justice AP Deshpande said that the stay would continue till the complaint was decided by the HPC. So far, 69 of the 93 structures have been demolished by the developer.

The court also directed the government to ensure that the residents whose houses had been demolished are provided with alternative accommodation. If not the developer should give them  rental allowance, the court said.
dnacity@dnaindia.net

DNA Correspondent

Friday, August 22, 2008  04:19 IST

www.dnaindia.com

 

 

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Daily Legal News 30.08.08

E-Governance and Company Law in India

http://legalnewsandviews.blogspot.com/2008/08/e-governance-and-company-law-in-india.html

A very crucial question that has been recently raised by a reporter goes like this Is National E-Governance Services Delivery Gateway Part of E-Governance?. It is a fantastic piece of work that has analysed the “e-governance in India” from the widest possible angle. However, the best part about this work is that it is touching the legal enablement of Information and Communication Technology (ICT) Systems in India, a topic that I am going to discuss here although in the context of corporate law in India.

The Techno-Legal Regulations have finally got the attention of a segment of Government of India, i.e. Ministry of Corporate Affairs (MCA). However, the media reports and the Ministry sources were totally clueless about the Information Technology Act, 2000 (IT Act, 2000) of India that is also the sole cyber law of India. The ignorance can be found of at least two facts, i.e. knowledge about IT Act, 2000 and its harmonisation with two or more laws (in this case The Indian Companies Act, 1956, The Competition Act, 2002, etc). For instance, some sources have claimed that e-mails will be a valid piece of evidence under the new company law. They are already admissible in evidence the only fact is that lawyers, judges and regulatory bodies are not aware about the same.

According to Mr. Praveen Dalal*, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India, “ The IT Act, 2000 already mandates legal recognition of electronic records and evidences. The problem seems to be a lack of awareness about it and absence of ICT guided coordination among various Ministries and Departments of Government of India (GOI). The GOI must hramonise legislations like IT Act, 2000, Cr.P.C, IPC, Evidence Act, CPC, Competition Act, 2002, etc at appropriate levels so as to avoid regulatory overlaps”.

India’s National E-Governance Plan (NEGP) is a very promising initiative. However, we lack competencies, will and proper policies and strategies in India to execute it effectively at this stage. Take for example the recent initiative of GOI titled as National e-Governance Services Delivery Gateway (NSDG). NSDG is a standard based messaging middleware for e-governance services. It is a part of the NEGP of Government of India. One wonders that why despite these initiatives, India’s ranking in the sphere of e-governance, e-readiness, etc is declining day by day. For instance, India’s e-readiness ranking dropped to 113 in 2008 from 87 in 2005.[1] In the recent “Ease of Doing Business Rankings 2008”, released by the World Bank, India has been ranked 120th out of 178 countries.[2] The ICT strategies of India need rejuvenation to make NEGP effective.[3] Public Initiative needed to fill policy vacuum since Governmental policies and strategies are not benefiting the common man.[4]

However, not everything is wrong with the efforts of GOI. The initiative of setting up of a single portal to link businesses with various regulators and regulatory Ministries by the MCA is a good step. The portal aims at bringing in elements and concepts which would make it possible to take effective regulation and enforcement of the company laws and regulations at all stages, including inspections, investigations and prosecutions. The MCA rightly believes that we need sound strategies in this regard including improving the quality of regulation, improving policy formulation processes and creating a healthy business environment by streamlining the interaction and improving interface between government and business, cutting out the redundancies in procedures and emphasising immediate and efficient delivery of services.

The NEGP can be a reality rather than fiction if we concentrate upon the weaknesses of Indian ICT policies and strategies. The issues like legal enablement of ICT systems in India, public and governmental awareness of IT Act, 2000, formulation of effective ICT strategies and policies in India, etc must be resolved first before we can encash the benefits of e-governance in India.

*About Mr. Praveen Dalal

Mr. Praveen Dalal is the Managing Partner of Perry4Law and heading its PTLB, PTLITC, and other Techno-Legal Divisions that are providing Cyber Law, Cyber Security and Cyber Forensics Assistances and Services. Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India and is in operation since 2002. It deals with legal issues associated with ICT and use of ICT for legal purposes. PTLB and PTLITC are few of the Techno-Legal ICT initiatives of Perry4Law and are in the process of upgradation and formalisation. Mr. Praveen Dalal’s specialisations include areas like Cyber Law, Cyber Security, Cyber Forensics, Digital Evidencing, Corporate ICT Compliances, etc.


[1] http://unpan1.un.org/intradoc/groups/public/documents/UN/UNPAN028607.pdf

[2] http://www.doingbusiness.org/ExploreEconomies/?economyid=89

[3] unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN029840.pdf

 [4] http://www.merinews.com/catFull.jsp?articleID=140177 

Saturday, August 30, 2008

http://legalnewsandviews.blogspot.com


 

 

 

 

 

 

 

 

 

 

 

 

Only 7 states notify Act for senior citizens’ welfare

http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=220279

 NEW DELHI, Aug. 29: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, enacted for the welfare of the elderly, and published in the Gazette of India on 31 December last year, has been notified by just seven states.
These are Andhra Pradesh, Karnataka, Nagaland, Jharkhand, Rajasthan, Assam and Tripura. As the International Day of Older Persons approaches on 1 October, the social justice and empowerment minister, Mrs Meira Kumar, has reminded chief ministers of the remaining states to expedite notifying the Act.
Unless the Act is notified, its provisions can not be enforced in a state. The minister said the notification of the law would be the “best gift” for the senior citizen-population on the International Day. At a national consultative meet on “Safeguarding Rights of the Elderly in India,” the Chief Justice of the Delhi High Court, Ms Geeta Mittal, highlighted the need for spreading awareness and sensitisation among youth to respect elders.
The meet noted that there was a steady rise in the population of older persons in the country. Majority of the elders were exposed to emotional neglect and to lack of physical and financial support.
Under the Act, children will be obliged to maintain their parents in such a manner that they lead “a normal life”. n SNS

www.thestatesman.net

 

Ensure free movement on Durgapur Expressway: HC to NHAI http://timesofindia.indiatimes.com/India/Ensure_free_movement_on_Durgapur_Expressway_HC_to_NHAI/articleshow/3423736.cms

KOLKATA: Calcutta High Court has stepped in to clear the clogged lifeline of south Bengal — Durgapur Expressway. For the past five days, the indefinite dharna in Singur by Trinamool Congress has not only brought traffic to a standstill on the highway, it has also stranded thousands of trucks carrying essential goods.

Acting on a writ petition by Calcutta Goods Transport Association and others, the court on Friday directed the National Highways Authority of India (NHAI) to ensure free movement of vehicles on Durgapur Expressway in accordance with law, without any further hindrance. Justice Nadira Patherya also suggested that if necessary, the NHAI authorities could take help from the state authorities in clearing the highway from any obstruction.

The petitioners contended that they had lodged complaints with the director-general of police about the blockade for the past five days, but little was done to clear the mess. So they moved high court, seeking its intervention to end the deadlock.

Appearing for the police, junior standing counsel Subrata Mukhopadhyay with Suman Ghosh submitted before the court that the force was ready to take any sort of action necessary. But since the issue was a sensitive one, the police had not taken any stern action so far.

Advocate Kalyan Banerjee, appearing for Trinamool Congress as an added party, submitted that Trinamool was not obstructing the expressway deliberately. The party was holding an agitation in Singur, because of which many people had assembled at the spot and as a consequence there was disruption on the road, he said. The matter will come up for hearing after four weeks.

Reacting to the court’s directions, chief secretary Amit Kiran Deb said they were yet to receive a copy of the order. IG (law and order) Raj Kanojia echoed him.

Besides the writ petition, a public interest litigation had also been moved before Calcutta High Court on the same issue by city resident Rana Pratap Sarkar, seeking removal of obstructions from Durgapur Expressway. During the day, the division bench of Chief Justice S S Nijjar and Justice Dipankar Dutta directed the state government to file an affidavit within two weeks.

In his petition, Sarkar had alleged that Trinamool’s protest against land acquisition was blocking the road for the past five days.

The state government as well as the NHAI authorities had failed to ensure normal flow of traffic and thousands of trucks were stranded and essential commodities were rotting, Sarkar had said in his petition.

30 Aug 2008, 0146 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

HC seeks TV footage of court proceedings
http://www.assamtribune.com/scripts/details.asp?id=aug3008/at03

 GUWAHATI, Aug 29 – A Division Bench of the Gauhati High Court comprising Chief Justice J Chelameswar and Justice Hrishikesh Roy has ordered requisition of the footage of a news item on the proceedings of the Gauhati High Court telecast on August 14 by the NETV and News Live on the evening news bulletin at 7 pm both in Assamese and English. The court, while hearing the writ appeal filed by one Saraswati Saha against the judgement and the order dated 25.7.08 passed by Justice BK Sarma in a batch of writ petitions including the one of deportation of illegal Bangladeshis from Assam, observed that it was brought to the notice of the court that there was a tele-reporting of the proceedings of the court on August 14 in the electronic media and if the portrayal as mentioned is correct, the same tantamounts to interference of the administration of justice by the court. In order to ascertain the tentative view of the court, the exact footage along with the visual of the evening news bulletins of the two news channels is called for, the court said and directed to make the same available in its entirely by both the news channels.

The court observed that the matter is of particular concern because of the sensitive nature of the case. It has directed the Registrar General of the Court to ensure requisition of the material from the two news channels and submit the same before the court by September 3 next, the day the hearing of the case will also take place.

Law reporter

www.assamtribune.com

 

 

 

Tatas pull staff out of Singur

http://www.deccanherald.com/Content/Aug302008/scroll2008083087407.asp?section=frontpagenews

The Tatas on Friday signalled that they were seriously contemplating moving their small car project out of Singur when the auto major, for the first time, ordered evacuation of its engineers, technical experts and labourers in the wake of threats and intimidation to

The project work has ground to a halt with the Tata Motors authorities categorically stating that the safety of the workforce was the company’s first priority.

The Buddhadeb Bhattacharjee government, meanwhile, continued to wait for Opposition Trinamool Congress supremo, Ms Mamata Banerjee’s decision to come to the negotiating table for an immediate solution to the impasse.

Mamata, however, absolved her party of any responsibility in the acts of threat and intimidation to the project workers.“Our movement has remained peaceful so far and we’ll not take any responsibility of others as there are other organisations too, participating in the current sit-in,” she told her party activists in  Singur.

Apparently, patience of the Tatas has been wearing thin after several activists from a peasant front physically prevented engineers and workers while they were leaving the site after work on Thursday night. They were allegedly threatened with dire consequences if they returned reported for work next day. 

Tata officials are awaiting the return of chairman Ratan Tata from abroad on Tuesday.   “There is no possibility of resumption of work till Monday,” one of them said.

HC says ‘no’

Meanwhile, in another development on Friday, the Calcutta High Court refused to pass any interim order on a PIL seeking immediate clearance of the arterial Durgapur Expressway,which is under siege following the indefinite dharna by the Trinamool Congress at Singur.  A division bench directed the government and the petitioner to file affidavits stating their positions in this regard.

DH News Service, Singur/Kolkata:

www.deccanherald.com

 

 

 

Servant gets death for Luthra murder

http://timesofindia.indiatimes.com/Kolkata_/Servant_gets_death_for_Luthra_murder/articleshow/3423822.cms

KOLKATA: The state government seems to have run into a legal hurdle over its notification to ban 15-year-old commercial vehicles. Though Calcutta High Court had ratified the notification on July 18, transporters are now claiming that the government had concealed before the court that the same notification had been struck down by a single Bench in 2006.

On Friday, the Bench of Chief Justice S S Nijjar and Justice Dipankar Datta gave the government 10 days to clarify its stand on the issue.

The state environment secretary had issued a notification on July 17, fixing the age limit for commercial vehicles plying within the Kolkata Metropolitan Area (KMA) at 15 years. The notification was issued under the provisions of Air (Prevention and Control of Pollution) Act, 1981, and Environment (Protection) Act, 1986.

Next day, the Bench of Chief Justice Nijjar and Justice Pinaki Chandra Ghosh, while hearing a PIL by environmental activist Subhas Datta, ratified this notification, thereby prohibiting the plying of older commercial vehicles on the streets.

Peeved by this order, bus owners, along with the West Bengal Goods Carriage Association, Haringhata Bus Owners’ Association, Bengal Bus Syndicate and Mini Bus Operators and Co-ordination Committee prayed to be added as parties to the PIL. They also filed applications, seeking modification of the July 18 order.

They claimed that Justice Jayanta Biswas, by an order passed on March 15, 2006, had set aside the state government’s earlier notification of banning 15-year-old vehicles. He had also reportedly set aside the amended Rule 88 of the West Bengal Motor Vehicles Rules for not having any legislative competence. The transporters also claimed that the government had not brought this to the notice of the Bench that passed the order on July 18.

The transport operators further contended that under Section 59 of the Motor Vehicles Act, 1988, only the Centre had the powers to fix the age limit for vehicles. So, unless the Centre directs the state, the latter cannot enact any legislation on the subject, they added.

So, they prayed to the court that BS-II compliant vehicles should be allowed to ply only if they possess Pollution Under Control certificates. The matter will be heard again after two weeks.

30 Aug 2008, 0236 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

SC refuses to pass order for setting up anti-terror agency

http://www.saharasamay.com/samayhtml/articles.aspx?newsid=104636

New Delhi, Aug 29: The Supreme Court today declined to entertain a PIL seeking constitution of a national investigating agency with powers to probe and prosecute trans-border crimes like terrorism.

A bench headed by the Chief Justice K G Balakrishnan said it could not pass such a direction as it was the prerogative of the legislature to pass a take steps in this regard.

It said the petitioner can approach the appropriate authority with his idea.

The PIL, filed by Delhi-based advocate Abani Kumar Sahu, had sought direction to the Centre to provide infrastructural, budgetary, logistical and other professional support without making unnecessary delay to constituting a National Investigating Agency (NIA).

Sahu contended that constitution of NIA was necessary as in its absence incidents of bomb blasts like in Ahmedabad and Bangalore have increased.

He submitted that the CBI has failed to tackle terrorism effectively due to politicisation of the investigating agency.

“It has no single lead agency to combat terrorism. While terrorism has aggressively progressed in the country, the premier investigating agency, the CBI has progressively regressed from its professionalism. The CBI has become emblematic of politicisation of investigation in the country,” Sahu said.

A central investigating agency with its own independent accountable capability and control over intelligence, preventive operations, investigation and prosecutions is the need of the hour, the PIL said.

Posted at Friday, 29 August 2008 20:08 IST

www.saharasamay.com

 

 

 

PIL seeks inquiry into land allotment to Videocon

http://www.business-standard.com/india/storypage.php?tp=on&autono=45641

The land allottment to Videocon for its LCD panels manufacturing factory in neighbouring Navi Mumbai has been questioned by a PIL filed by a Pune-based organisation.     

The allotment was recently in the news as state revenue minister Narayan Rane lashed out at the government’s decision to give land to Videocon at an allegedly cheap rate.     

Now Vikram Bokey, a former IPS officer and a member of Raj Thackeray’s Maharashtra Navnirman Sena, has filed a PIL through his NGO, Maharashtra Organic Farming Federation.     

“We are seeking a thorough probe into the allotment,” Bokey told reporters. Chief Minister Vilasrao Deshmukh, the state council of ministers and CIDCO (to which the land belongs) have been made party to the petition.     

The MOFF contends that the land, measuring about 100 hectares, is located in a prime area — close to Mumbai — and it has been underpriced.     

“Why is the land being given to Videocon for a mere Rs 300 crore when its market price is ten times as much?” Bokey asked, while talking to reporters.     

Bokey also said that despite sending a legal notice to the Chief Minister seeking details of the allotment, there has been no reply.     

The petition will come up for hearing in the due course.

Press Trust Of India / Mumbai August 29, 2008, 18:25 IST

http://www.business-standard.com

 

No workers at Singur

http://www.business-standard.com/india/storypage.php?tp=on&autono=45596

No workers and officers turned up to work at the Rs 1 lakh Nano car plant of Tata Motors at Singur today, the
 company informed.
 
On August 28, a group led by activist Anuradha Talwar  had blockaded workers inside the plant when their shift ended around 5pm
 
and as a result the workers were stuck there till late at night, with many reaching home after 2am on August 29.

It was said that from today morning, workers and officers would be prevented from entering the plant, though the Trinamool Congress leaders agitating at the factory gate denied it. The combination of these two factors could have led to absence of workers at the plant today.

On August 28, a Tata Motors spokesman had told Business Standard that the company had not stopped  work.

Trinamool would stage a road blockade across Bengal today for an hour from 4pm and this could have also influenced workers to stay away as the government was not expected to take substantive steps to lift the blockade.

In a parallel development, Calcutta High Court asked for a background check on an individual who had filed a public interest litigation alleging government inaction to lift the six-day long blockage of National Highway 2 at Singur owing to the Trinamool Congress agitation there.

The PIL was seeking directions on the government to lift the blockage.

A leading city daily this morning ran a report highlighting police actions that were actually leading more and more trucks to the Singur blockage and compounding the jam there instead of diverting trucks to NH6 and other smaller bypass roads.

Bs Reporter / Kolkata August 29, 2008, 20:12 IST

http://www.business-standard.com

 

Govt approves changes to airport tariff regulator Bill

http://www.business-standard.com/india/storypage.php?autono=332980

The government today approved amendments to the Airports Economic Regulatory Authority (AERA) of India Bill, 2007.

The Bill is now expected to be introduced in the forthcoming session of the Lok Sabha. The regulatory body will be set up within three months of getting clearance from the House.

According to the Bill, AERA shall determine airport tariffs, which include landing and parking charges, housing charges, navigation and surveillance charges apart from user development fees. The charges would be fixed on the basis of performance standards of the airports, whereas most of them currently are fixed by the airport operator.

The Bill was introduced before the Lok Sabha on September 5 last year and thereafter referred to the Parliamentary Standing Committee on Transport, Tourism and Culture.

The committee proposed certain amendments to the Bill, which said that non-aeronautical services and fuel supply should be brought under the ambit of the regulator. Aeronautical services include landing, parking and navigation, while the non-aeronautical services include office space, food and beverages, and car parking.

The civil aviation ministry said that while the aeronautical services were a monopoly of the airport operator, the non-aeronautical services were awarded to different competing concessionaires through competitive bidding and thus need not be regulated.

However, the ministry said the revenues earned from these services, which went to the airport’s overall account, would be included while fixing the aeronautical charges. The ministry has also included groundhandling and cargo-related services under the ambit of AERA.

The ministry also said that since there would be a common aviation fuel supply facility at airports, which would be operated by the airport developer, the throughput charges levied by the airport developer should also come under the ambit of AERA.

The ministry, however, refused to accept the suggestion of bring all airports under the ambit of AERA. It retained the clause in the Bill that says that only airports handling over 1.5 million passengers should be brought under AERA. As such eleven airports came under the ambit of the proposed regulator.

The ministry said that since the eleven airports that will come under AERA accounted for 85 per cent of the total traffic and revenue in the country, including other airports would make the regulation a cumbersome process.

Bs Reporter / New Delhi August 30, 2008, 0:28 IST

www.business-standard.com

 

 

After five-year wait, govt finally approves Companies Bill

http://www.business-standard.com/india/storypage.php?autono=332975

The government today approved the introduction of a new single, comprehensive law to govern the Indian corporate sector. The Bill is expected to be tabled in Parliament during the upcoming October session.

Among other things, the Companies Bill 2008 proposes to tighten the rules governing share sales by firms to their owners, to bar issuance of shares at a discount to owners, does away with shares that have differential voting rights and scraps the requirement of minimum paid-up capital.

The Bill proposes the requirement to appoint independent directors, where applicable, at a minimum of 33 per cent of the total number of directors. “However, any ruling by regulators like the Securities and Exchange Board of India will override the provisions of the Companies Bill,” Corporate Affairs Minister Prem Chand Gupta told reporters.

Clause 49 of Sebi’s listing agreement states that 50 per cent of the Board has to comprise independent directors if it is headed by an executive chairman and 33 per cent for a non-executive chairman. The Bill also mandates that every company needs to have at least one director resident in India.

The Bill recognises insider trading by company directors or key managerial personnel as an offence with criminal liability, while also identifying the company as a separate entity in cases where monetary penalties are imposed on executives. It does away with restrictions on the number of subsidiaries that a company can have, envisages a single forum for mergers and approvals, a separate framework for enabling fair valuations and recognition of both accounting and auditing standards.

The proposed law has been five years in the making. In 2004, the Ministry of Corporate Affairs started a comprehensive revamp of the Companies Act, 1956. 

Earlier, a Companies (Amendment) Bill, 2003 had been introduced in the Rajya Sabha. In 2004, the ministry constituted a committee headed J J Irani to examine the proposals after opposition from sections of corporate India. In its present form, the Bill incorporates suggestions of the Irani committee including those aimed at simplifying the compliance regime.      

Talking to reporters after the Union Cabinet approved the Bill today, science and technology minister Kapil Sibal said the existing Act was not in tune with the times. “Wholesale refurbishment was needed. This is a far-reaching Bill,” he said. Officials added the new bill “replaces the government’s intervention with shareholders’ control and demands greater disclosure”.

On his part, Gupta said the proposed law is based on global best practices and would be unmatched worldwide. “The Bill empowers the government to make future amendments through notifications without going to Parliament,” he said.

The Bill proposes to drop clauses like Section 211 in the existing law that requires companies to disclose the break-up of inputs used. “Henceforth, companies will just have to mention the total amount spent on operations in their balance sheet,” Gupta said, adding that a new clause has been introduced to stop promoters from buying shares at a discount from minority shareholders.

In addition, the Bill recognises the chief financial officer, chartered accountant, company secretary as well as the chief executive as “key managerial personnel” and makes them liable for defaults by the company. “This clause will save other directors who were earlier prosecuted, even if they were ignorant of defaults,” Gupta said.

The Bill proposes to increase the number of partners allowed in a company from the current 20 to 100.

“Professions like chartered accountancy, regulated by special Acts, will have no ceiling on the number of partners,” the minister added. The proposed law recognises board meetings held through vikdeo conferencing and voting through e-mail. It also provides for a single forum for mergers and acquisitions through the Competition Commission of India.      

Leading corporate lawyer, Kumkum Sen, partner, Rajinder Narain & Co, said: “I look forward to the proposed law streamlining consolidating the scattered provisions in other laws and parts of the existing Act to make it a far more concise law on the FEMA model, with the regulatory powers inserted in the schedules of the Act.”

Bs Reporter / New Delhi August 30, 2008, 0:28 IST

www.business-standard.com

 

Music school seeks arrest of 13 high court judges

http://timesofindia.indiatimes.com/India/Music_school_seeks_arrest_of_13_high_court_judges/articleshow/3423899.cms

NEW DELHI: No litigant would have berated judges in open court as two members of Mumbai’s Boss Music School did in the Supreme Court on Friday. Not only did they accuse 13 judges of Bombay High Court of ordering “genocide” of Boss School members but sought their arrest and prosecution.

They were angered by the police action initiated on the complaint of parents of a girl and hurled abuses at the HC judges for not stopping the alleged persecution of the school’s members. “Arrest the judges of the Bombay HC who have been paid to destroy the Boss School and commit genocide on its members. They have destroyed us.

We have right to live. Act now as dead bodies do not cry for fundamental rights,” said Leila David and teenager Annette Kotian, the latter shouting at the CJI and asking him to recuse himself from the hearing. A stunned Bench comprising CJI K G Balakrishnan and Justices P Sathasivam and J M Panchal warned, “Use your words carefully or else you will face the music. You have no business to decide whether the CJI should hear the petition or not.”

Throwing caution to the wind, the two continued with their diatribe against the HC judges. When this did not pacify the two agitated petitioners, the Bench said, “Per se, the allegations are contemptuous. Withdraw the allegations and we will hear the petition. We have spent two hours going through the petition making serious allegations. The way the students of Boss Music School are behaving — we are not concerned with the faith, clout or black magic — but do they think they are above law that they should not be investigated by police or should not be summoned to appear before the court.”

30 Aug 2008, 0305 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

High court not for transfer on flimsy grounds

http://timesofindia.indiatimes.com/Chennai/High_court_not_for_transfer_on_flimsy_grounds_/articleshow/3419811.cms

CHENNAI: Not just judicial officers, even staff members of the judiciary need to be protected from persons who make “reckless, baseless and unfounded allegations,” the Madras High Court has ruled.

Quashing the punitive transfer of a district court officer from Tuticorin to Ramanathapuram , a division bench comprising Justice Elipe Dharma Rao and Justice R Subbiah said: “It has been time and again held by the Supreme Court that it is the duty of the higher judiciary to protect officers of the lower judiciary from persons, who make reckless, baseless and unfounded allegations, by way of anonymous petitions . The same reasoning would apply even in the case of staff members. Admittedly, in the case on hand, the impugned action has been initiated pursuant to an anonymous petition received.”

Justice Dharma Rao pointed out that the petitioner, Perachi’s transfer was punitive as it had affected his promotion chances.

Directing the high court registry to retransfer R Perachi to his home district of Tuticorin from where he had been shifted to Ramanathapuram in 2006, the bench said: “The order of transfer, by way of punishment , as in the case on hand, is not sustainable in law.”

Perachi, an employee of Principal District Court in Tuticorin, was transferred to Ramanathapuram in Sep-tember 2006 following anonymous letters leveling corruption charges against him. The High Court asked its vigilance department and the district judge concerned to verify the charges. Based on their report Perachi and two others were shunted out to neighbouring districts.

Perachi said the transfer had affected his promotional chances. Rejecting his claim for seniority in Tuticorin district , they pointed out that judges of the high court had not been taken into confidence and that the court had not constituted any committee to go into the matter. Also, the Registry had not conducted any opportunity by giving opportunity to Perachi to explain the charges. For all these reasons, the transfer of Perachi to Ramanathapuram needs to be set aside, the bench said.

timeschennai@timesgroup .com

29 Aug 2008, 0736 hrs IST, A Subramani,TNN

http://timesofindia.indiatimes.com

 

 

Govt paves way for greater shareholder freedom in new cos bill

http://economictimes.indiatimes.com/News/Economy/Policy/Govt_paves_way_for_greater_shareholder_freedom_in_new_cos_bill/articleshow/3423392.cms

NEW DELHI: The new Companies Bill, places more confidence in shareholders by proposing to do away with the government’s larger control by giving stakeholders a greater say in the decision making of firms.

The Companies Bill, 2008, cleared by the Cabinet today and to be tabled in the next session of Parliament, proposes to allow entrepreneurial freedom with reasonable compliance cost. The bill provides for responsible self-regulation with adequate disclosures and accountability.

“Government has decided to introduce new company bill, which meets not only today’s but also 20 years later needs,” Corporate Affairs Minister Prem Chand Gupta told reporters here.

“The new bill replaces government intervention by shareholders’ control,” Jitesh Khosla, Secretary MCA said.

The bill also proposed that listed companies would need a minimum of one-third independent directors on their boards and other public companies would have to have independent directors as per the central government rules.

Market regulator SEBI, however, needs listing companies to have 50 per cent of their board with independent directors, in case the Chairman of company is non-executive and one-third, if he is executive.

Facilitating greater freedom to companies, the bill has provisions for scrapping the minimum paid up capital requirement for public and private sector companies.

At present, private sector companies are required to keep at least Rs 1 lakh and public sector companies are required to retain Rs 5 lakh paid up capital.

It also proposes to disallow firms from raising deposits from public. Existing deposits will have to be repayed by the companies within one year of commencement of the new Act.

It prohibited the issue of shares at discount as there are some promoters who issue shares at discount for themselves.

29 Aug, 2008, 2234 hrs IST, PTI

http://economictimes.indiatimes.com

 

 

SC contempt notice to mother-daughter duo for seeking HC judges’ arrest

http://www.expressindia.com/latest-news/SC-contempt-notice-to-motherdaughter-duo-for-seeking-HC-judges-arrest/355296/

Mumbai, August 29 Two are members of Vasai-based music school, ordered to file response by Sept 10 or face arrest

A Bench headed by Chief Justice of India K G Balakrishnan today issued contempt notices against a mother-daughter duo, both of whom are members of the Vasai-based Boss School of Music, as they had been “seeking arrest” of several sitting judges of Bombay High Court, including its Chief Justice, Justice Swatanter Kumar.

“The allegations made are per se contempt of court. We are issuing notice why contempt of court proceedings not be initiated against you,” said the Bench headed by CJI Balakrishnan and comprising justices P Sathasivam and J M Panchal. Leila David and her 23-year-old daughter Annette Kotian had raised serious allegations and sought the arrest of 10 High Court judges for allegedly not hearing their matter “in a free and fair manner”.

The CJI, while issuing the contempt notices, asked them to file their responses by September 10 or face arrest. “If you don’t reply on or before September 10, you will be arrested and produced before the court and you will not be released,” said the Bench.

Despite the court categorically asking the mother-daughter duo “to withdraw the allegations”, they refused to do so. “We are not going to withdraw the allegation,” said Kotian.

To make matters worse, the petition had a plea that the CJI should not hear the matter and recuse himself. The CJI shot back angrily saying, “That I will decide. Choose your words carefully; otherwise you will have to face the consequences. You are arguing in the apex court.”

“We have perused the allegations, which are very serious in nature. We have spent time on the two petitions. The allegations made amount to contempt of court,” the CJI noted.

“You think you are above the law,” the Bench said, asking the two women to maintain the decorum of the court. When Justice Sathasivam suggested that the petitioners could engage a lawyer and argue their case in a better fashion, they replied, “Lawyers have no guts to speak the truth.”

The Boss School of Music was founded by Glen Fernandes in 1996 at Vasai, 40 km from Mumbai, and police have registered several cases against its members, some of whom have been accused of being involved in prostitution and indulging in black magic. The PIL contained names of sitting HC judges in an apparently scandalous manner.

The petitioners were reminded that they themselves had made complaints against the Boss School of Music, like other parents, and that these had been dealt with not only by the High Court but by the police too. “Several judges dealt with the matter and even the police had carried out investigations… how students of Boss School are behaving,” the Bench said. It expressed anguish that they had not even spared the state Home Minister — leveling charges against him and other government officials.

On May 26, a similar petition had been dismissed by other members of the Boss School, wherein they had sought action against the Maharashtra government for forcibly closing down the School over allegations that the institution was indulging in black magic.

Tannu Sharma

Posted online: Saturday , August 30, 2008

www.expressindia.com

 

UP CIC gets SC notice for making irregular appointments

http://timesofindia.indiatimes.com/India/UP_CIC_gets_SC_notice_for_making_irregular_appointments/articleshow/3423934.cms

NEW DELHI: UP’s first chief information commissioner (CIC) on Friday became the first such appointee in the country to receive notice from the Supreme Court on the Mayawati government’s reference under the RTI Act seeking his dismissal for making irregular appointments and rendering other commissioners non-functional.

State additional advocate general Shail Kumar Dwivedi read out the charge — 40 appointments of class III/IV employees without advertising the posts, not allowing other commissioners to discharge their functions and recalling their orders acting as if he was the appellate authority.

Added to the charges was that the CIC, Justice (retd) Mohammad Asgar Khan, during a hearing of a matter relating to Lucknow Development Authority, “made undignified and derogatory remarks, in full public view, against the chief minister, the cabinet secretary, the chief secretary and the chairperson of the UP state advisory council”.

A bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal, after hearing the additional advocate general, issued notice to the CIC and asked him to respond within six weeks.

Dwivedi said that the state government can take action against Justice Khan only after the apex court conducts an inquiry and finds the charges actionable.

The reference under Section 17 of the RTI Act was sent by governor T V Rajeswar on July 10 to the Supreme Court.

The governor is empowered under the Act to put the CIC under suspension till the apex court gave its opinion on the reference. The reference said: “The state government has termed these allegations as serious and that they are tantamount to objectionable conduct on the part of the state CIC showing his incapacity to hold the office which he occupies.”

30 Aug 2008, 0314 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Judiciary bound by Gay law: Judge

http://timesofindia.indiatimes.com/Mumbai/Judiciary_bound_by_Gay_law_Judge/articleshow/3419254.cms

MUMBAI: The nature of sexual relations in society is changing, said Justice Vijaya K Tahilramani of the Bombay high court, but the judiciary still has to uphold the law as written in the statute books more than a century ago.

“There is a raging controversy over Section 377 of the Indian Penal Code (IPC), with many people saying that adults have a right to follow their sexual preference,” Tahilramani said of the 1860 law that criminalises homosexuality with a punishment of up to ten years.

“Our difficulty is that we have to follow the statute. Section 377 has not been deleted by the legislature.” As long as the provision was listed in the IPC, the judiciary had “no choice” but to consider all ‘unnatural intercourse’ as a criminal offence.

Tahilramani, who has been a judge of the Bombay high court from 2001 and recently rejected the bail plea of gangster Chhota Rajan’s girlfriend Rubina, was speaking to students of K C Law College on criminal law. While discussing rape law, Tahilramani, 50, has a word of advice for her young listeners.

“Young men, beware!” she said to a round of laughter. Be “very, very careful” when it comes to sexual relations with young girls who look older than they are but may not have attained the age of consent. Under the IPC, sexual intercourse with a girl below the age of 16 years is considered rape regardless of whether or not she is a consenting partner.

Tahilramani cited a case where the rape accused pleaded that the victim had misrepresented herself as a major and consented to intercourse with him. “Even though the girl looked mature, all the documents proved that she was below 16 years and it clearly became a case of statutory rape,” Tahilramani recounted.

The judge pointed that many of the laws in the IPC, which was written in 1860, rarely apply to modern society. A prime example is the rape law that punishes a man for misrepresenting himself as a woman’s husband to gain her consent. “This worked in a era where the bride had never seen her groom and a man could pretend to be her husband,” Tahilramani said.

29 Aug 2008, 0332 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Delhi HC issues notices to Trai, MIB on regulation of carriage fee

http://www.indiantelevision.com/headlines/y2k8/aug/aug271.php

NEW DELHI: The Delhi High Court has issued notices to the Ministry of Information and Broadcasting and the Telecom Regulatory Authority of India, expressing a need to bring out regulation on carriage fees charged by direct-to-home operators, multi-system operators, and cable operators

“There has to be some rationality behind the continuous increase in carriage fees. However the court is not deciding to frame regulation,” the Delhi High Court said.

When contacted, a senior MIB official said: “The ministry has not yet received a notice regarding this.” Trai chairman Nripendra Misra declined to comment.

The Court was hearing the petition filed by Delhi-based news channel Total TV, challenging the validity of carriage fees being charged by DTH operators, MSOs and cable operators.

Earlier on 28 August, Telecom Disputes Settlement and Appellate Tribunal (Tdsat), in its interim order in the case between Total TV and Prasar Bharati, had permitted the channel to deposit Rs 2.5 million as the carriage fee from 6 September 2008 for a year on provisional basis.

The broadcast tribunal had also directed the DTH operator to continue carrying the channel.

Total TV had approached the court after Prasar Bharati hiked the carriage fee from Rs 2.5 million to Rs 6 million per annum to carry the channel on its DTH platform. The contract between the channel and DTH operator is scheduled to expire on 5 September, 2008.

Total TV’s counsel argued that when Trai has not prescribed any carriage fees to be charged by distributors, such types of demands should be held illegal.

The channel further questioned the basis behind fixing such charges when the government had not laid down any regulation regarding carriage fees.

Indiantelevision.com Team

(29 August 2008 8:00 pm)

www.indiantelevision.com

 

 

 

Bombay HC to hear PCB’s appeal on Yousuf on Tuesday

http://www.ptinews.com/pti/ptisite.nsf/0/0DDCB38D5C67C879652574B40052FF1A?OpenDocument

Karachi, Aug 29 (PTI) The Bombay High Court will hear on Tuesday Pakistan Cricket Board’s appeal against the stay order passed by a Mumbai arbitrator on batsman Mohammad Yousuf, which stops him from participating in the Indian Premier League (IPL).
The ‘rebel’ Indian Cricket League (ICL) had started legal proceedings against Yousuf with an arbitrator in Mumbai last year after the senior batsman backed out of a contract with them late last year and preferred to play for Pakistan.

The PCB later tried to get Yousuf a contract with the IPL but the move was stopped by the arbitrator, who issued a stay order against the batsman playing in any other league.

The Pakistan Board has filed an appeal to the High Court on behalf of Yousuf and it will be heard on September 2.

“We will be represented by advocate Iqbal Chagla in the appeal hearing in the Bombay High Court,” Tafazzul Rizvi, the legal counsel of the Pakistan board, told PTI today.

He said the decision to file a separate appeal in the High Court was taken after former Pakistan captain Moin Khan changed his statement.

The PCB and Yousuf have been claiming that the advance money the ICL paid to the batsman was returned immediately through Moin, who runs a sports marketing company and was instrumental in signing up players for the ICL.

But Rizvi said that at the last hearing held by the arbitrator in Mumbai, which was attended by him and ICL’s legal counsel and another official, Moin said he was not an agent for the ICL but for Yousuf.

“This has put us on the wrong foot and made the ICL case stronger against Yousuf,” Rizvi admitted.

But he was hopeful that the appeal against the stay order would be decided in their favour. PTI

www.ptinews.com

 

 

Govt opposed to Nalini’s premature release: TN to HC

http://www.ptinews.com/pti/ptisite.nsf/0/779F502C235AFA8F652574B4004FE8BE?OpenDocument

 

Chennai, Aug 29 (PTI) The Tamil Nadu Government today submitted that the findings of the Advisory Board, which rejected S Nalini’s plea for premature release in the Rajiv Gandhi assassination case, are well considered and it stood by its decision to oppose her premature release.
In a counter filed before the Madras High Court to Nalini’s petition seeking premature release, the government submitted that the Board had rejected her premature release, considering the social history of the prisoner, the circumstances of her criminal behaviour and the degree of criminality.

“The degree of criminality is not only causing the death of a former Prime Minister of a nation, but also one of causing grave social unrest, shock and turmoil in the psyche of each and every Indian.” “The authorities rightly have kept these matters in mind while arriving at a decision of not permitting premature release of the petitioner,” the government submitted.

The Centre also wanted to file a counter and sought time to which Justice S Nagamuthu adjourned the matter to September 17.

Nalini is currently serving life imprisonment at the high-security Vellore prison. PTI

 

www.ptinews.com

 

 

HC directs NHAI to ensure free movement on expressway

http://www.hindu.com/thehindu/holnus/001200808291864.htm

Kolkata (PTI): The Calcutta High Court on Friday directed the National Highway Authority of India (NHAI) to ensure free movement of vehicles on Durgapur Expressway, which has been blocked following the indefinite dharna launched by the Trinamool Congress since Sunday.

Justice Nadera Patherya, taking up a petition by the Calcutta Goods Transport Association seeking the court’s intervention to ensure smooth passage of vehicles on the expressway, in her order asked the NHAI authorities to take the West Bengal government’s assistance to make it free from obstruction.

No vehicle is going through the 76 km expressway, which is a part of NH-2 connecting Delhi with Kolkata and several important places since Sunday when the Mamata Banerjee-led Trinamool Congress started a dharna at Singur demanding return of 400 acres acquired for the Tata Motors Nano project to ‘unwilling’ farmers.

The association’s counsels submitted before the court that on August 27 it had petitioned the director general of state police and NHAI authorities to make arrangements for passage of goods vehicles on the road.

It claimed that the authorities, however, did not take any action and as such it moved the High Court seeking its intervention.

Justice Patherya directed that the matter would come up for hearing four weeks later.

Earlier in the day, a division bench comprising Chief Justice S S Nijjar and Justice D Dutta refused to pass any interim order on a PIL seeking immediate clearing of the arterial expressway.

Friday, August 29, 2008

www.hindu.com

 

 

 

Mumbai peaceful after HC directive on Marathi signboards

http://www.hindustantimes.com/storypage/storypage.aspx?sectionName=&id=69ff5ed9-8c9b-4c3c-9cb2-a5b92894eaf7&&Headline=Mumbai+peaceful+after+HC+directive&strParent=strParentID

No untoward incident was reported in the city a day after the Bombay High Court directed the Raj Thackeray-led MNS and its party workers not to resort to violence on the Marathi signboards issue.

Joint Commissioner of Police (Law and Order) K L Prasad said that although MNS has withdrawn their agitation, police ‘bandobast’ has been deployed at certain places in the city as precautionary measures.

In response to an application filed by traders’ associations, the court on Thursday restrained Raj and MNS members from in any manner whatsoever disturbing” the traders in the city from carrying on their business activity, defacing or damaging their business property and assaulting or threatening them.

The Court had also prohibited Thackeray from personally giving any provocative or intimidating speech regarding the issue of Marathi signboards.

The deadline for shopowners to put up boards displaying the name of the shop in Marathi ended on Thursday.

Press Trust Of India

Mumbai, August 29, 2008

First Published: 15:57 IST(29/8/2008)

www.hindustantimes.com

 

 

 

HC refuses to provide relief in Singur highway blockade

http://www.expressindia.com/latest-news/HC-refuses-to-provide-relief-in-Singur-highway-blockade/354947/

Kolkata, August 29: The Calcutta High Court refused to pass any interim order on a PIL seeking immediate clearance of the arterial Durgapur Expressway, which is under siege following the indefinite dharna by the Trinamool Congress at Singur.

A division bench comprising Chief Justice S S Nijjar and Justice Dipankar Dutta, declining to pass any order before hearing out the matter, directed the West Bengal government and the petitioner to file affidavits stating their positions in this regard.

The state government would have to file its affidavit within two weeks and the petitioner in another week. The matter would be heard by the bench after three weeks.

Stating that the West Bengal government and the National Highway Authority of India (NHAI) had failed to ensure free movement of traffic on the expressway (NH-2) connecting Delhi and several other north Indian cities to Kolkata, petitioner Rana Pratap Sarkar demanded that action be taken to remove the blockade.

Claiming that blocking of a national highway was a criminal offence and punishable under the country’s laws, the petitioner sought the court’s direction to the state to ensure immediate removal of the impediment and to ensure free movement of traffic.

Trinamool Congress leader Mamata Banerjee is holding a dharna since Sunday before the Tata Motors small car plant at Singur on the Durgapur Expressway demanding return of 400 acres of land to the farmers, who are unwilling to part with their land for the project.

Agencies

Posted online: Friday , August 29, 2008

www.expressindia.com

 

HC bars gadgets in exams

http://timesofindia.indiatimes.com/Mumbai/HC_bars_gadgets_in_exams_/articleshow/3419538.cms

Mumbai: No mobile phones or electronic gadgets in the examination hall-this University of Mumbai diktat to students to prevent newer forms of cheating was accorded legal sanctity by the Bombay high court on Thursday.

A division bench of Justice P B Majumdar and Justice Amjad Sayed declined relief to a 19-year-old student of S K Somaiya College who was penalised after she was found with a mobile during the exam.

“By taking any electronic device or cellphone in the examination hall, a student can misuse the same in case any data is stored in such a device ,” said the judges. “It is time parents and students learn that no such device should be allowed in the examination hall and if any student is found with one, he or she may loose a precious academic year and may also invite severe punishment.”

The judges also reminded students that guilt would be presumed, irrespective of whether they were intending to copy or not using the mobile. “Even a bonafide mistake can be considered serious negligence as intentionally or unintentionally no students should be allowed to carry such an electronic device at the time of entering the examination hall.”

The court has asked the University as well as the colleges to widely publicise the ban on such gadgets. It also directed the college authorities to make arrangements to collect mobile phones and other gadgets either outside the examination hall or before the start of the exam.

Advocate Rui Rodrigues, counsel for the university assured the court that the rule would be strictly implemented and any incident of a student carrying an electronic device in the examination hall would be treated as “using unfair practice in the examination.”

The case was filed by Megha Iyer, a first-year BMS student of Somaiya College in Vidyavihar. During the March 2008 exams, Megha was found with the mobile phone after the question papers had been distributed. Following an inquiry, the Unfair Means Enquiry Committee of the college found her guilty. As punishment , the panel declared her performance in the exam as void.

29 Aug 2008, 0603 hrs IST, Shibu Thomas,TNN

http://timesofindia.indiatimes.com

 

 

Court can quash arbitration award if it is against law

http://www.hindu.com/2008/08/29/stories/2008082956151300.htm

New Delhi: A court can set aside an arbitration award if it is contrary to law or the Arbitration and Conciliation (AC) Act or against the terms of a contract, the Supreme Court has held.

A Bench, consisting of Justices P. Sathasivam and Aftab Alam, said: “An award could be set aside if it is contrary to the fundamental policy of Indian law; or [to] the interest of India; or [to] justice or morality or prejudicial to the rights of the parties or if it is so unfair and unreasonable that it shocks the conscience of the court.”

Writing the judgment, Justice Sathasivam said: “It is open to the court to consider whether the award is against the specific terms of contract and if so, interfere with it on the ground that it is patently illegal and opposed to public policy.”

Quoting an earlier judgment, the Bench said: “If the Arbitral Tribunal has not followed the mandatory procedure it would mean that it has acted beyond its jurisdiction and thereby the award would be patently illegal which could be set aside under Section 34 of the AC Act.” If the arbitrator had no jurisdiction to go into the dispute, the award would become null and void and could be interfered with.

In the instant case, an arbitrator passed an award against the Delhi Development Authority, levying 12 per cent interest from the date of decree until the payment was made to R.S. Sharma and Co.

A single judge of the Delhi High Court set aside the award but on appeal a Division Bench confirmed it. Setting aside this judgment on appeal by the DDA, the Supreme Court said the single judge was fully justified in partially setting aside the award of the claims but the Division Bench, while reversing this order, proceeded on an erroneous premise. The arbitrator had accepted the claim without giving any justification.

“We are satisfied that this is an error apparent on the face of the record as well as contrary to the terms of the agreement,” the Supreme Court said and restored the single judge’s order.

Friday, Aug 29, 2008

Legal Correspondent

www.hindu.com

 

Set Singapore exempted from paying tax in India; HC rules

http://www.indiantelevision.com/headlines/y2k8/aug/aug221.php

MUMBAI: In a decision pertaining to multinational companies who pay tax in India, the Bombay High Court has said that Sony Entertainment Television (Set) Singapore is not liable to pay tax in India.

It has ruled that since the foreign entity has paid an arm’s length remuneration’ (transfer pricing of the permanent establishment) to its local agent in India, Multi Screen Media (MSM), it is not responsible to paying tax in India.

Citing a Supreme Court judgment in the Morgan Stanley case which held that if the parent company has paid an arm’s length remuneration then it is not liable to be assessed separately in India, SET Singapore had filed the contention.

Whereas The Income Tax Appellate Tribunal (ITAT) disagreed saying that that income generated from India is attributed to parent company and hence it is liable to be assessed in India.

The Bench headed by Justices F I Rebello and R S Mohite said, as far as a foreign enterprise pays appropriate arms-length remuneration to its permanent establishment in India then no further profits can be attributed to it, and nothing further would be left to be taxed.

The ruling will exempt foreign companies from paying tax in India if they are remunerating their local agents.

Indiantelevision.com Team

(23 August 2008 7:00 pm)

www.indiantelevision.com

 

BCI objects to HC move to bar Anand, Khan from practise

http://www.zeenews.com/articles.asp?aid=464004&sid=NAT

New Delhi, Aug 23: The Bar Council of India (BCI) on Saturday objected to the Delhi High Court’s decision to bar senior advocates R K Anand and I U Khan from practising for four months, terming it as an encroachment on its power.

The apex regulatory body for practising lawyers comes a day after advocates struck work in subordinate courts here on the same issue.

Suraj Narain Prasad Sinha, Chairman of the Bar Council of India, said they were not concerned with the merit of the verdict against the two lawyers.

“As far as the merit of the judgement is concerned, we are not bothered…Our stand is with regard to the powers encroached by the Delhi High Court in directing the two senior advocates not to appear in the High Court and its subordinate courts for the next four months,” he said.

“If it is not set aside, then the order will become a law,” he said.

Asked if striking work in courts was the best way that the lawyers could have drawn attention to the issue, he said, “The Bar Council of India is not in favour of strike. According to the Supreme Court, the strike is applicable only in exceptional cases.”

The BCI favoured strict punishment for convicted advocates if they were found guilty but the decision to bar the advocates is not acceptable to it.

“Even the BCI will take strict action if they will be found guilty but encroachment of power of the Council is not acceptable,” BCI member advocate Ram Avtar Gupta said.

The Council also denied receiving a copy of the High Court judgement. “It was only through media that we came to know about it,” Gupta said.

On the future action in the matter, Sinha said, “The power of the BCI are original powers, appellate powers and revision powers. If the disciplinary proceedings were not finally concluded within one year by the state Bar Council, then the matter will be transferred to the BCI.”

The High Court, on June 21, had barred Anand and Khan from practise for four months and recommended stripping them of their “senior advocate” designation after convicting them for contempt of court in the BMW hit-and-run case, following a sting operation.

Bureau Report

www.zeenews.com

 

 

Delhi HC rejects GSM players’ plea on dual tech

http://www.newstrackindia.com/newsdetails/13148

 

New Delhi, Sat, 23 Aug 2008 NI Wire

www.newstrackindia.com

 

 

Rejecting the plea of Global System for Mobile Communications (GSM) lobby, the Delhi High Court has cleared the hurdles of Code Division Multiple Access (CDMA) operators to begin their service in GSM technology along with CDMA operations under dual technology license; if the petitioners do not move to Supreme Court on against the decision of High Court.

This decision of Delhi HC may also affect the judgement of Telecom Disputes Settlement and Appellate Tribunal (TDSAT) where the petitioners had already filed a case against the CDMA players for beginning their dual service, which next hearing date is scheduled on September 04.

 

Citing the decision, hearing Justice Gita Mittal has also slapped the fine of Rs.50,000 on each petitioners – Bharti Airtel, Vodafone Essar, Idea Cellular, Spice Telecom and their industries association ‘Cellular Operators’ Association of India’ (COAI) by stating, “Government decision was in tandem with the Universal Access Service Licence (UASL) and in public interest.”

The fine will be deposited with the Delhi High Court Legal Service Authority.

COAI is yet to comment over this decision and its future steps, while Association of Unified Telecom Service Providers of India (AUSPI) the lobby of CDMA players has expressed joy over this decision and quoted it as the ‘right’ decision and ‘in the interest of public’.

Welcoming the decision, S C Khanna the Secretary General of AUSPI said, “It allows the government policy to be carried out smoothly, and opens up the market for more operators, which ultimately will benefit the consumer.”

The GSM players share over two third ratio of total mobile subscribers that is nearby 30-millions in India, while CDMA players – Reliance Communication (RCom), Tata Teleservices Limited (TTS), state run Bharat Sanchar Nigam Limited (BSNL) and Shyam Sistema shares only one third share. Among it, BSNL is the government telecom company that operates in both GSM and CDMA technology under dual technology license while till now RCom was the private operates that operates the GSM service in only eight circles of India.

But now, last December, Telecom Regulatory Authority of India (TRAI) had granted the PAN India licence to RCom, TTS and Shyam-Sistema to begin GSM service on dual technology.

 

In that response, the GSM players had opposed the decision of TRAI and moved to Delhi HC and TDSAT. The COAI had also alleged TRAI to favouring Reliance by quoting that TRAI had granted the ‘in-principle approval’ to RCom well before announcing the new policy on dual technology into the public. This move of TRAI would allow RCom to get double benefit into yet to release 3G Spectrum allocation.

TRAI, however, had denied any sort of allegation of taking anyone’s favour while RCom has said that GSM players who have thick ratio of shares in release spectrum were trying to stop others from getting the start-up spectrum for operations in the same segment.

TRAI which had earlier announced to allocate the two bandwidths of 3G spectrum to CDMA players and for this, it was willing to introduce 3G spectrum policies later moved to introduce separate 3G spectrum policy for CDMA players.

 

Cancel lease given to college: HC

http://www.hindu.com/thehindu/holnus/004200808231241.htm

Madurai (PTI): The Madurai bench of the Madras Court has directed the Tuticorin district collector to cancel the lease granted to a private engineering college at Nalatin Puthur to use ‘poromboke’ land as pathway.

Justices Elipe Dharma Rao and A Selvam in their interim orders, in response to a petition filed by an individual,also restrained the college management from obstructing the access to the pathway in any way.

The petitioner submitted that the state government had leased out the property to the college for nine years for just Rs 600 ayear. The then collector R Thiagrajan cancelled the lease on February 2, 2003, stating it was Poramboke and could not be leased out as per Government Order.

The emanagement however continued to enjoy the benefit, fenced the land and prevented the owners behind the college from having any access. The owners were being ‘coerced’ to sell their lands by the college authorities, he said.

The college authorities could not prevent the public from using the poramboke, the only entry to approach their properties, he said.

Saturday, August 23, 2008

www.hindu.com

 

 

 

BMW sting case: Lawyers protest HC’s verdict

New Delhi: The Delhi High Court may have sent a strong message by punishing criminal lawyers R K Anand and I U khan in the BMW sting case. But lawyers in the Capital are unhappy with the verdict.

On Friday Bar Association in the Delhi district court went on strike, protesting against the order.

Lawyers in Delhi were up in arms a day after the Delhi High Court held R K Anand and I U Khan guilty of contempt of court and barred them from practicing for the next four months.

All four district courts in the Capital wore a deserted look as the Bar Association went on strike protesting the HC judgement.

“We are upset with the verdict because the judge has barred two very senior lawyers from practicing in Delhi, whereas it is not up to him to decide this,” says Patiala house Bar Association’s Santosh Mishra.

The High court had found Anand and Khan guilty of trying to bribe witness Sunil Kulkarni to favour accused Sanjeev Nanda in the BMW hit-and-run case.

However, the Bar Association argues that the punishment given is unjustified, as barring a lawyer from practice is the job of the Bar council and not the court.

“We’ve had a very successful strike today as lawyers on their own didn’t practice today without any pressure since they understand that the verdict is unjust,” says Patiala house Bar Association’s R K Wadhwa.

But senior members of the legal fraternity point out that striking work is only damaging the reputation of the Bar.

“The entire Bar of Delhi could have chosen to file a petition in the SC or in the HC. Instead of resorting to strike as a strike gives a wrong message to the people,” says advocate K T S Tulsi.

A year and a half ago the Bar council had initiated inquiry against Anand and Khan, but no action had been taken so far. And as protests continue

questions are being raised – is the bar council serious enough to send a strong message by punishing the offending lawyers?

Published on Sat, Aug 23, 2008 at 11:34, Updated at Sat, Aug 23, 2008 in Nation section www.ibnlive.com

 

Bombay HC jolt for Lilavati CEO

http://timesofindia.indiatimes.com/Mumbai/Bombay_HC_jolt_for_Lilavati_CEO_/articleshow/3395358.cms

Mumbai: The Bombay high court on Friday restrained Nanik Rupani and Vijay Choraria from acting as trustees in the Lilavati Hospital Trust and also observed that the Rs 800-crore hospital’s CEO, Vijay Mehta, could not appoint more than five trustees.

The order, passed by Justice Rekha Sondur Baldota, was in response to an appeal filed by permanent trustee Charu Mehta against an order dated July 31, 2008, of the city civil court which had rejected her plea to restrain Rupani and Choraria from acting as trustees. A plea for a stay against the HC order was refused.

The issue before the high court was the interpretation of clause 200 of the hospital’s trust deed as settled by Kirtilal Mehta, the father of Vijay and Kishor Mehta, who have been involved in a bitter legal wrangle for the last two years for control of the hospital.

While Pravin Samdani, counsel for Vijay Mehta, said the trust deed empowered Vijay to appoint all 11 trustees on the trust, counsel Navroz Seervai and Pranav Badheka had argued that clause 20 restricted his power to appoint not more than five trustees.

Rupani and Choraria were appointed as trustees this May after two other trustees, against whom allegations of misappropriation of trust funds were made by Charu Mehta, had resigned during the pendency of proceedings before the joint charity commissioner on the issue.

Charu Mehta’s counsel said both these appointments were not within Vijay Mehta’s powers and were apparently made to enable him to continue his control over the trust. Vijay’s counsel denied this contention and said the appointments were only to bring in prominent people on the board.

23 Aug 2008, 0515 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Bombay HC to hear forest land case on Aug 29

http://timesofindia.indiatimes.com/Mumbai/Bombay_HC_to_hear_forest_land_case_on_Aug_29_/articleshow/3395341.cms

Mumbai: The Supreme Court will hear a bunch of appeals against the order passed by the Bombay high court in the forest land case on August 29. “Originally, it was to be heard on August 22. However, now the case has been listed for hearing on August 29,” a senior forest official said.

The high court had held that all constructions on private forest lands across the state were illegal and action should be taken as per the provisions of the Indian Forest Act and Forest Conservation Act.

Since it was felt that flat owners on private forest land were innocent as they were unaware of the status of the land, the state government had stepped in to seek relief for them.

23 Aug 2008, 0532 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

SET Singapore won’t have to pay tax in India, rules HC

http://economictimes.indiatimes.com/Personal_Finance/Tax_Savers/Tax_News/SET_Singapore_wont_have_to_pay_tax_in_India_rules_HC/articleshow/3395001.cms

MUMBAI: In a significant tax ruling pertaining to MNC arms in the country, the Bombay High Court has said Sony Entertainment Television (SET), Singapore, was not liable to pay tax in India, as the foreign entity has paid an “arm’s length remuneration” to its local agent, SET India — now called Multi Screen Media (MSM).

The dispute goes back to the days when SET India was set up to source advertising for AXN — a channel owned by Singapore-based SET Satellite. While SET India paid the tax on the commission earned by SET India, SET Satellite did not pay any tax on the advertising revenue that it sourced from India on grounds that it was carrying on the activity through a commission agent. All payments made to the commission agent (i.e., SET India) were at arm’s length or market price. Therefore, SET’s contention was that only the commission should be taxed, and that the Singapore company was not liable to pay a tax.

However, the tax tribunal differed. The ITAT bench ruled against Sony, stating that whether one carries on the business directly or through a dependent agent, the profit attributable to such business continues to be taxable in the source country. Sony then challenged the judgement and moved the Bombay HC. The court on Friday upheld the MNC’s contention, which was, even if an MNC had a permanent establishment in India, it was not liable to pay tax if the foreign entity paid an arm’s length remuneration to the permanent establishment.

“This is a historical decision and will be quoted internationally for decisions on international taxation. When MNCs deal with India, they often have a permanent establishment in India, and there are obvious questions on the tax liability.

Sony India is an agent of SET Singapore and was indeed a permanent establishment of the company. A fundamental principle came up before HC: if you pay an arm’s length remuneration to the permanent establishment, would there be any further tax liability at all? Set Singapore contented that it paid an arm’s length remuneration, and that SET India had paid taxes on the services it offered in India and therefore, SET Singapore was not liable to pay any further tax,” said PWC head of tax practice Dinesh Kanabar.

 

23 Aug, 2008, 0221 hrs IST, ET Bureau

http://economictimes.indiatimes.com

 

 

Koki Superior to Supreme Court & GOI ? – THE AMBANI QUARREL

 

http://tritiopokhkho.wordpress.com/2008/08/23/koki-superior-to-supreme-court-goi-the-ambani-quarrel/

In a shameless admission of impotency BHC asked Koki to resolve the dispute between her two Scoundrel Ambani sons. The matter of gas supplies to NTPC and RNRL is shuttling between BHC and Supreme Court, Ambanis corrupting GOI and making a fool of judiciary.

Chief Justice of India may please note that this is not a dispute of Ambani family but between People of India as Consumers, Investors and owners of national wealth and GOI. It is the GOI who has awarded contracts and had to their on time implementations. It is the duty of the Supreme Court to blacklist and declare them untrustworthy companies and direct GOI to freeze Amabani Companies and recover losses suffered by people of India.

CJI please note that people of India has suffered heavy power cuts particularly in Maharashtra, Gujarat, UP, MP, Punjab, Haryana and J&K.

We in Delhi has suffered power cuts rigged meters extortion of consumers, power break downs are common and generators and invertors are ESSENTIAL for consumers of all types.

Electrical energy shortage last year was 73 billion units even as 55% population has no electricity connection.

A gas based power plant could be operational in less than two years- all the 10,000 MW units of Dadri Station ought to be ready by now this alone would provide 50 billion to 60 billion units of power.

Reliance gas discovered in 2002 ought to be available at full capacity. Dabhol 2450 MW power station is virtually starved of gas for seven years.

Court should appoint a Supreme Court Judge led commission to ascertain economic loss suffered by people of India and deduct that from the assets of Ambanis with 100% penalty. Economic & Social loss shall not be less than $100b.

When Kenneth Lay could be hand cuffed and made to appear before district court why Superior Judiciary is satisfied with the presence of Hordes of Advocates (Without Authority) whereas presence of only Mukesh and Anil Ambanis was essential in Supreme Court and High Court.

Only Indian judiciary can be fooled in to believing illiterate Koki Ambani has the skills to resolve the dispute between large Corporates where Supreme Court of India had failed miserably.

¡¡We are willing to let the brothers sit with any expert or their mother to resolve the issue.¢¢

¡¡My client is willing to sit alone with Mukesh at whatever time and place he suggests,¢¢ Rohtagi said.

Such comments SHAME Indian judiciary- these proceedings are monitored by foreign governments and Multinationals.

Ambanis Shame India.

Ravinder Singh
August22, 2008

Ask mum to step in, court tells Ambanis

Swati Deshpande | TNN Delhi August22, 2008 Front Page

Mumbai: Seek your mother¢s advice, suggested the Bombay high court on Thursday to the Ambani brothers, who have been squabbling since 2005 over an agreement for supply of natural gas from the Krishna Godavari basin.

The advice from a bench headed by Justice J N Patel to seek maternal mediation to resolve the sibling hostility came after Anil Ambani¢s Delhi-based counsel Mukul Rohtagi said his client was open to discussing all issues with his brother. ¡¡My client is willing to sit alone with Mukesh at whatever time and place he suggests,¢¢ Rohtagi said.

Senior counsel Ram Jethmalani added, ¡¡We are willing to let the brothers sit with any expert or their mother to resolve the issue.¢¢ To this, senior counsel Milind Sathe said: ¡¡I appear for RIL and Mukesh Ambani is not a party to the court proceedings. I will have to take instructions.¢¢

Justice J N Patel observed: ¡¡Why don¢t you go back to your mother? Both parties should settle. It¢s not a family dispute. It¢s a matter of national importance and a resolution will be in the public interest since natural gas is a national asset.¢¢

The dispute concerns the agreement for supply of gas by RIL to Anil¢s Reliance Natural Resource Ltd power plant. The court was hearing an appeal filed by RIL challenging a judgment last October by the company court which directed the companies to negotiate and arrive at an acceptable agreement for supply of gas. Anil filed a cross-appeal questioning the direction for a negotiation.

Ambani battle: Jethmalani accuses oil ministry of graft

Mumbai: A HC bench has asked the Ambani brothers to seek their mother¢s advice over an agreement for supply of natural gas from the Krishna Godavari basin.

Senior counsel Harish Salve, representing Mukesh, had earlier argued that it was a private agreement between the brothers brokered by the mother and it didn¢t bind their respective companies and therefore the company court couldn¢t intervene. But Anil¢s legal team, headed by Jethmalani, said the issue was no longer between the brothers alone and had entered the corporate domain since the board of both companies had taken note of the agreement and thanked the mother for her ¡¡tiring and ceaseless effort¢¢.

The hearing in legal battle between the brothers turned high-octane with Jethmalani throwing in allegations of corruption against petroleum ministry. Jethmalani questioned the government¢s opposition to a suggestion that RNRL be allowed to sell gas till such time that its plant is not fully set up. Rohtagi said that if RIL supplied gas, RNRL would sell it to consumers as per government policy and once the plants came up, the gas would be used only for power generation. But RIL said it was not obliged to supply gas until RNRL¢s power plants come up, which is expected to take three years. Anil is setting up power plants at Dadri at a cost of about Rs 20,000 crore.

The Centre¢s counsel, T Doabia, created a flutter when he interrupted to say gas was a government property and government¢s approval would be required if another company was to get gas for trading from RIL.

Anil¢s case is that Mukesh even backed out of his agreement with NTPC over supply of gas. He alleges Mukesh did this because the agreement between the brothers was that Mukesh¢s RIL was to supply gas to RNRL at conditions ¡¡no worse¢¢ than what was awarded to NTPC. In fact, NTPC has filed a separate suit in 2006 before the Bombay high court against RIL in which solicitor general Goolam Vahanvati appeared for NTPC and argued that there was a ¡¡concluded contract¢¢ between the corporation and RIL.

On Thursday, the senior counsel appearing for Centre said there was ¡¡no concluded contract between NTPC and RIL.¢¢ Jethmalani pointed out that this was a ¡¡stark contradiction to the stand taken by NTPC, represented by the solicitor general¢¢. He said, ¡¡Government seems to be more concerned with the private interest of RIL than the commercial interest of a government company. This is scandalous.¢¢ Anil¢s company is not happy with the present GSMA on the grounds that it does not give guarantee of duration, quantity of supply as well as the price of gas.

 

Allahabad HC declines to hear petition against Justice Satish Chandra’s appointment
http://www.indlawnews.com/Newsdisplay.aspx?7b122fd3-644a-4610-b970-ee0da5fa584a

The second nominated division bench of the Allahabad High Court today declined to hear the writ petition challenging the recent appointment of a sitting Allahabad High Court justice Satish Chandra.

The bench comprising Janardan Sahay and Rakesh Sharma declined to hear the writ and forwarded it to the Chief Justice.

Yesterday, the bench comprising Justices Yatindra Singh and S K Gupta had also released the case.

A high court lawyer M C Gupta had filed the writ petition, challenging the recent appointment of Justice Satish Chandra.

According to the petition, Justice Chandra lacked the basic eligibility and qualification for being a judge in the high court.

Now, the Chief Justice will nominate third bench to hear the writ petition.

Justise Chandra was appointed as the high court judge on August 6 this year.

UNI

8/22/2008

www.indlawnews.com

 

 

HC imposes Rs 40000 fine on civic body

http://timesofindia.indiatimes.com/Kolkata_/HC_imposes_Rs_40000_fine_on_civic_body/articleshow/3395065.cms

KOLKATA: Calcutta High Court has imposed a fine of Rs 40,000 on Howrah Municipal Corporation (HMC) for failing to relocate a trenching ground in accordance with its orders.

Acting on a PIL regarding the trenching ground at Belgachia, the high court green Bench, in 2003, had asked HMC to shift the ground from its present location. In 2006, the court directed it to remove encroachments from the ground. But both the orders have not been complied with. During the hearing on Friday, environmentalist Subhas Datta, who had filed the PIL, pointed out HMC’s non-compliance with the earlier orders of the court.

Coming down on the HMC for its failure to comply with HC’s orders, the court held that the civic body was either unable or not doing the needful for reasons known to it only.

“The court cannot shut its eyes to all these conducts of HMC. We are giving it three weeks to comply with the order and imposing a fine of Rs 40,000 to be paid to the high court registrar,” the court said.

23 Aug 2008, 0300 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Pollution board puts spanner in LMC’s dumping ground project

http://www.expressindia.com/latest-news/Pollution-board-puts-spanner-in-LMCs-dumping-ground-project/352459/

Lucknow, August 22 While the next hearing of the Public Interest Litigation (PIL) against the dumping of municipal solid waste (MSW) near Gandhi Setu is slated for August 25, the Lucknow Municipal Corporation (LMC) had recently sent a proposal to the Uttar Pradesh Pollution Control Board (UPPCB) for the clearance of the project.

The proposal talks about the initiatives that LMC plans to take to curb the increasing pollution in the area. In reply, the UPPCB wrote to the civic body on Friday pointing out shortcomings in the proposal.

It has also asked the LMC to take the approval of Nagpur-based National Environmental Engineering Research Institute (NEERI) for its proposal.

The LMC’s proposal included construction of a retaining wall on the MSW dumping site. According to LMC, the proposed wall will act as a barrier between the leachate and the river water. “Also, to prevent emission of harmful gases, we have proposed setting up of outlets,” said A C Sinha, Additional Commissioner of LMC.

He added: “UPPCB’s letter, however, mentions several shortcomings. As part of the development of the site, we had proposed a new parking system. They have asked us to remove that among other changes.”

According to senior officials in the UPPCB, LMC’s proposal fails to mention several important details.

“Though the proposal gave an outline of what measures the LMC will adopt, it has failed to specify relevant technical details. According to the proposal, a retaining wall will be constructed.

At the same time, it does not mention several details like the dimensions and design of the retaining wall. We have written to LMC asking them to provide relevant details,” said a senior UPPCB official.

Following a recent order of the Allahabad High Court, NEERI had conducted a study on the MSW dumped by LMC on the riverbed near Gandhi Setu.

The court had ordered the study while hearing a PIL from Gomti Nagar Jan Kalyan Maha Samiti.

Neha Attre

Posted online: Saturday , August 23, 2008

www.expressindia.com

 

‘We have earned back the faith of our investors’

http://www.expressestates.in/full_story.php?content_id=93486

At the height of the real estate boom in Uttarakhand, many developers came, sold and vanished, running away with the investors’ money. Several PILs were filed against such builders. Of the three developers who survived that period of fraud, Octagon Builders and Promoters is one of them. In a candid conversation with Our correspondent, Pardeep Aggarwal executive director of the company speaks on the trust they have now won from the investors and end-users in the region. Excerpts from the conversation:

How has the real estate market in Uttarakhand benefited from SIDCUL?
Just as DSIDC operates in Delhi, SIDCUL operates in Uttarakhand. It has identified about 8,000-acres of land for industrial development. Out of which 2,000 acres is in Haridwar alone. Two others developments have taken place in Dehradun, and Rudrapur. These three are the big ones with Haridwar being the biggest. There are also some others in smaller town.

Various developers were involved in duping the customers. Some of them even ran away with the investor’s money? Various developers who cheated were named in a PIL. Haridwar saw a number of such cases? Do you also have a PIL against you?
There is no PIL against us. I will give you some figures. During the real estate boom, there were some 30 colonisers that were developing or were at the planning stage. Most of them were frauds. Out of those 30 only three are left in Hawidwar: Octagon, Arun Dev Builders and Vardhman. Various projects fail because the landowners increase the price during the negotiating stages. They got some other buyer who was willing to pay more.

Now one may ask, why Haridwar? Topographically, Haridwar is in the plains, secondly it enjoys all the tax benefits of Uttarakhand, as do other hill towns of the state. It is well connected by road, rail and air. So Haridwar has locational advantages. Haridwar has tourism and industry.
Now wherever, SIDCUL allotted industrial development, real estate also boomed. With the boom came along a lot of developers. Local also started developing their own group housing societies. All the employees of SIDCUL need housing. For example, executives working in the Haridwar SIDCUL were looking for accommodation. Now old Haridwar has poor infrastructure, so newer areas were fast growing. The people moving into these units need entertainment hubs. As per one estimate, Haridwar belt needs 3.5 lakh houses in the next 1-1.5 years. But as of today, the housing that has been approved is about 10,000 to 20,000 houses. Now the demand is going to increase, so are the prices. Prices are going to skyrocket.

Is this the case with other SIDCUL towns also?
Not exactly. Take for example, Rudrapur. The town saw massive development after SIDCUL was formed here. But the demand was less. So there were very few takers. Developers started their projects but they couldn’t sell. So here, supply outpaced the demand, which is not the case of Haridwar.

Have you witnessed corporate bookings?
We have got enquiries from Hero Honda, NTPC and BHEL. We are also negotiating with GAIL.

Why so much focus on Delhi buyers?
We are looking for investors to multiply their gains. Usually investors come early at the very start of the project. End users come in last when the project is almost ready.

It is seen religious tourism is increasing in places like Haridwar? Tourists coming for salvation and rituals want to stay for some time. So another segment is increasing which is looking for a permanent dwelling. Are you tapping this segment also?
We are not tapping tourists. Asharams and hotels are already there to cater them. Secondly, they do not live in their house for long. So most part of the year, their property is vacant.

What is the rate of plots at your project?
It is Rs 4,590 per sq yd.

How much will this appreciate by 2010?
By 2010, I expect the prices to reach to a level of 10,000-12,000 per sq yd. Investors who will invest now will double the money in two years of time.

You said that you are looking at investors who bring money. But isn’t the investor detrimental for the growth of the project? An investor usually holds on to the property.
Well investors earned profit during the period of 2004-2006 when the prices were soaring. Year 2007 started witnessing slowdown or a decline. I call it market correction. Rates, which were going up, were not coming down. Investors were reinvesting their money. The bubble had to burst. It was a correction. It happened at the end of 2007 and early 2008. The people who have the capacity of holding are holding on to their property. Rates in Delhi-NCR are again rising. I feel, tier II and III towns will witness better and gradual growth in comparison to Metros. So short term gainers are out now.

According to you what is the range of buying capacity of people of Haridwar?
Both for Uttarakhand on the whole and Haridwar in particular, rates have been moving upward. There is a strong buying capacity. Land owners who were holding on to their properties are now selling their land at good price. Again they are reinvesting their money somewhere in the remote locations for further gain in future.
The commercial space sells for 15,000-20,000 per sq ft in Haridwar city. A two-bedroom floor of 1,000 sq ft comes at an average rate of Rs 2,500 per sq ft. Luxury flats are limited. Rental incomes are still low. People prefer buying and repay in form of EMIs rather than living on rent.

Give us the details of your projects.
We are coming up with Santour City on National Highway 58. This would be 545 acres in size. It would have 10,000-12,000 dwelling units. We have a seven year plan to develop it into phases. At present we are selling plots. We are also coming up with another plotted development at Dehradun by the name Santour Hills near Garhi Cant Area. The rate is Rs 3,690 per sq yd.

Devesh Srivastava
Posted online: Friday, August 22, 2008 at 1427 hours IST

www.expressestates.in

 

Punjab and Haryana HC issues notice to centre on Pak prisoners issue
http://www.indlawnews.com/Newsdisplay.aspx?09cb1611-cc8c-4576-a33c-ad33f334ec7c

Punjab and Haryana High Court directed the Union Home Ministry and the External Affairs Ministry to file in four weeks time their final version explaining the delay in repatriating those Pakistani prisoners who have already completed the sentence awarded to them by the competent courts.

The division bench of Chief Justice TS Thakur and Justice Surya Kant gave the orders in response to a PIL filed by World Human Rights Protection Council through its convenor advocate Ranjan Lakhanpal.

The Punjab Government in its response had stated that despite repeated communications to the Union Government to arrange for the repatriation of these prisoners, no steps had been taken by the authorities concerned to do the needful so far.

However, it was submitted that of 31 such prisoners in jails, 19 had already been repatriated while 6 of remaining 12 were getting treatment at Institute of Mental Health, Amritsar and other six were fit enough for repatriation.

UNI

8/22/2008

www.indlawnews.com

 

 

Judging Lawyers

http://timesofindia.indiatimes.com/Opinion/Editorial/Judging_Lawyers/articleshow/3394820.cms

In an extraordinary ruling, the Delhi high court has convicted two senior lawyers of obstructing the administration of justice. I U Khan and R K Anand – two high-profile senior advocates of the Supreme Court – were sentenced for colluding to bribe a witness in the infamous 1999 BMW hit-and-run case, in which Sanjeev Nanda was accused of mowing down six persons, including three policemen, with his BMW car in Delhi. While the case was being heard, a sting operation was telecast last year showing defence counsel Anand along with public prosecutor Khan discussing with an eyewitness, Sunil Kulkarni, ways of bailing out Nanda. The eyewitness, who has done several flip-flops, was shown demanding Rs 2 crore to change his testimony.

The court took suo motu cognisance of the matter after the sting was telecast. After viewing the edited and unedited tapes, the judges found the footage to be genuine. In its ruling on Thursday, the court not only found Khan and Anand guilty of obstructing justice but also of contempt of court. The court has recommended that the two lawyers be stripped of their designation and barred from appearing in the courts for the next four months. They’ve also been slapped with a fine of Rs 2,000 each.

If Anand and Khan are guilty of joining hands to bribe a witness, and there is evidence to prove it, it is a serious crime for which they must be punished. However, the suspension handed out by the high court might not be legally tenable.

Under the Advocates Act, 1961, only the Bar Council of India or the state bar councils can suo motu, or on a complaint, initiate action against a lawyer. The matter is then referred to a disciplinary committee if there is any merit in the complaint. If the committee finds the lawyer guilty, he could have his licence cancelled or be suspended from practising.

The punishment handed out to Anand and Khan risks being overturned since a Constitution Bench of the Supreme Court in 1998 had ruled that a court could not bar a lawyer from practising while dealing with contempt of court. But if the high court’s ruling is on shaky ground, the response of the bar associations is disappointing. They called a one-day strike in Delhi on Friday to protest against the high court ruling.

Instead of a strike, the bar associations should have taken a hard look at the allegations against two of its senior members. Once the sting was telecast, the local bar council should have initiated an inquiry into the veracity of the claims and taken action. By not doing anything, the lawyers’ fraternity runs the risk of its reputation getting seriously tarnished.

 

23 Aug 2008, 0024 hrs IST

http://timesofindia.indiatimes.com

 

 

 

Cash-for-judge scam: High Court judge goes on leave

http://www.hindustantimes.com/storypage/storypage.aspx?sectionName=&id=41720757-5522-41d5-8814-a2087b613da7&&Headline=Cash+scam%3a+HC+judge+goes+on+leave&strParent=strParentID

Punjab and Haryana High Court judge Nirmal Yadav on Friday proceeded on leave after her name figured in the stunning cash-for-judge scam.

A notice put up by the high court outside her court on Friday said that her cases stood transferred to Justice S.D. Anand.

Punjab and Haryana High Court judicial registrar G.K. Khanna told IANS here that he got to know about Justice Yadav going on leave only on Friday.

Justice Yadav’s name figured in the scam involving high court judges and some senior lawyers of the city.

Her decision to go on leave came a day after the high court’s administrative committee, headed by Chief Justice Tirath Singh Thakur, met in Chandigarh on Thursday.

Court sources said that the committee discussed whether cases be withdrawn from Justice Yadav or she be asked to proceed on leave.

The sources revealed that Justice Yadav told the committee, which comprises senior most judges of the high court, that she had nothing to do with the scandal.

The scam relates to the delivery of Rs1.5 million in cash at the residence of another high court judge, Nirmaljit Kaur, here Aug 13 by an assistant of former Haryana additional advocate general Sanjeev Bansal.

Kaur called the police after the packet containing the cash was delivered. This led to a case being registered against Bansal and others. Four people, including Bansal, have been arrested.

Bansal and others have admitted that the cash was to be sent to another judge and not to Nirmalijit Kaur. They said the money went to her house erroneously.

Police investigations have found that the money was related to a property deal that a number of people, including the judge, had clinched last week in neighbouring Himachal Pradesh’s Solan district.

Those arrested have told the police that even after erroneously sending the money to the house of the wrong judge, another packet containing the same amount was later sent by Bansal to the judge concerned.

The scam has not only embarrassed the high court but virtually divided the judges as well as lawyers.

Sixtyfive lawyers, including some senior ones, on Wednesday filed affidavits before a local court to defend Bansal when he was produced in the court after his arrest.

Bansal, who is considered close to top politicians from the region and also to some judges, was forced to quit as Haryana’s additional advocate general after the scam broke out.

Indo-Asian News Service

Chandigarh, August 22, 2008

www.hindustantimes.com

 

 

 

SC slams CBI over Ansal brothers’ arrest

http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080062563

An angry Supreme Court has asked the Central Bureau of Investigation (CBI) why Ansal brothers have not been arrested yet.

In August, the court had ordered the CBI to issue bailable warrants against Delhi’s prominent builders Sushil and Gopal Ansal, who owned the Uphaar cinema where more than 50 people were killed in a fire more than a decade ago.

The court has now told the Ansal lawyers that it would hear them only after the Ansals are arrested, though they can be granted bail soon after. The case comes up on August 29.

NDTV Correspondent

Friday, August 22, 2008, (New Delhi)

www.ndtv.com

 

 

SC clears legal hurdle in way of Chiranjeevi political debut

http://timesofindia.indiatimes.com/India/SC_clears_legal_hurdle_in_way_of_Chiranjeevi_political_debut/articleshow/3391292.cms

 

NEW DELHI: An NGO’s attempt to put a spoke in the August 26 rally at Tirupati to mark Telugu superstar Chiranjeevi’s political debut fizzled out as the Supreme Court on Thursday trashed its opposition to holding a big rally at Avilala tank ground.

Basing its application on a 2006 judgment of the apex court asking Andhra Pradesh government to protect all water bodies in the state including ground water recharge at Avilala tank, NGO ‘Intellectual Forum’ had pleaded that the rally, with thousands of people attending it, would harm the vegetation in the area which was key to improving the water table.

A Bench comprising Justices B N Agrawal, H S Bedi and G S Singhvi asked the petitioner’s counsel L N Rao whether the state had taken any steps in the last two years to install water recharge system in the Avilala tank area.

When the counsel answered in the negative, the Bench wanted to know why the petitioner had not moved contempt against the state, choosing to move an application when a political rally was being organised.

 

22 Aug 2008, 0235 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 

Daily Legal News 29.08.2008

Oct Nano launch looks bleak
http://www.financialexpress.com/news/Oct-Nano-launch-looks-bleak/354756/
Tata Motors’ plan to roll out the Nano by October is looking difficult, as work at its project site in Singur slowed down further on the fifth day of the dharna organised outside the factory by Trinamool Congress leader Mamata Banerjee. The Left Front government in the state took a hands-off approach, as fresh incidents of intimidation of workers were reported.
On Thursday afternoon, political workers blocked the entry of a Tata Motors vehicle at Gate No. 4. Earlier, in the day, some Trinamool supporters had tried to barge into the factory from the same gate but were stopped by the security and police.
Sources at the project site said the October deadline is being jeopardised by the “constant decline in attendance of contractual labourers”, which has dropped to 15%.
With Mamata’s dharna blocking the key Durgapur expressway, which is a part of National Highway 2 linking Kolkata to Delhi and north India, thousands of trucks and other vehicles remained stranded for the fifth day. But state chief secretary Amit Kiran Deb said the police will not apply force. “People will have to wait,” Deb said, referring to the stalled traffic on the expressway. Home secretary Ashok Mohan Chakraborti said the situation is grave.
Thursday’s incidents have scared contract workers reporting for the construction work, coming as these a day after the assault on some contract workers. Mamata, who had promised a peaceful agitation when she launched the dharna last Sunday, continued to camp outside the main gate, unrelenting in her demand that 400 acres be returned to farmers who have refused to sell out even though the government has acquired the land, and the main factory has come up on it.
On Thursday, a Kolkata resident filed a public interest litigation in the Calcutta High Court, calling on the court to direct the state government and the National Highway Authority of India (NHAI) to ensure free flow of traffic on the expressway. The court admitted the PIL and has listed it for hearing Friday.
The PIL alleged that the Trinamool agitation had stranded over 30,000 vehicles, including heavy trucks on the expressway, and that the administration and NHAI have failed to maintain the free flow of traffic so the court should direct them to take steps to restore normal traffic. It said perishable food articles in the trucks are rotting, leading to fears of epidemics.
State CPI(M) secretary Biman Bose pointed out that Banerjee’s dharna was no longer peaceful. On Friday’s one-hour chakka-jam or roadblock, called by her, Bose said he had instructed party cadres to exercise restraint.
“We want that her democratic agitation should be peaceful,” Bose told reporters at the party’s Alimuddin Street headquarters. He said Banerjee should discuss her issues with the state government across the table.
Corporate BureauPosted online: Friday , August 29, 2008 at 00:53 hrswww.financialexpress.com

Trucks still stranded, PIL filed to get Expressway cleared
http://www.expressindia.com/latest-news/Trucks-still-stranded-PIL-filed-to-get-Expressway-cleared/354871/
Kolkata, August 28 A Public Interest Litigation (PIL) was filed in the Calcutta High Court on Thursday seeking an order to direct the state government and the National Highway Authorities of India (NHAI) to ensure smooth traffic movement on the Durgapur Expressway (NH-2). The expressway has been blocked since Sunday following the protest organised by the Trinamool Congress.
Rana Pratap Sarkar, a Kolkata resident, filed the PIL alleging that the Trinamool is carrying out its protest on the expressway without obtaining permission from the NHAI. As a result, more than 30,000 vehicles have been stranded on the highway. According to the petition, since the state and the NHAI failed to ensure vehicular movement, the court should direct them to restore normalcy of the traffic as soon as possible.
On the fifth day of Trinamool Congress chief Mamata Banerjee’s protest, the deadlock on the expressway continued with thousands of trucks still stranded.
The petitioner said these trucks, loaded with food articles like vegetables and fish, could not move since Sunday. Since these perishable commodities were rotting in the trucks, there was a possibility of an outbreak of epidemic in the adjoining areas.
The markets at Kolkata and the neighbouring areas have also been facing a shortage of essential commodities that has led to an increase in their prices. The petitioner said the public was suffering and the state’s economy might be affected if the expressway remained closed for long.
Tourist buses are also stranded on the expressway for the last four days and the state administration has failed to provide them food and water.
Chief Secretary Amit Kiran Deb, however, said: “People will have to wait. We are also keeping our patience.”
Home Secretary, Ashok Mohan Chakrabarty, said, “The situation is indeed grave.” Inspector General (Law & Order) Raj Kanojia, however, said the state government is not willing to enter into any confrontation.
With little support from the administration, the truck drivers have devised their own ways to come out of the blues.
Jaydeb Ghosh, president of Truck Owners’ Association of Bengal, said: “A section of truck drivers, who know the routes well, have decided to make a detour and enter the city instead of remaining stranded. We have appealed to the district administration of Burdwan and Hooghly to help them find a diversion.”
On Thursday, serpentine queues of the stranded trucks on the expressway eased a bit as the day rolled on. A few trucks took a diversion to enter Kolkata.
Ghosh, however, said: “Not all trucks could take this changed route. Many drivers do not have the money to buy fuel to take a detour of more than 100 km.”
Express News Service
Posted online: Friday , August 29, 2008
www.expressindia.com

‘ACB cannot check graft for lack of funds’
http://www.dnaindia.com/report.asp?newsid=1186498
Agency’s practice of seeking ‘trap money’ from complainants a deterrent in fighting corruption: PIL
A PIL filed in the Bombay High Court may perhaps make the Anti-Corruption Bureau (ACB) richer. Filed by former scribe Ketan Tirodkar, the PIL has urged the court to direct the state government to allocate more funds to the ACB to enable it to lay traps and intercept those seeking bribe.
As per Tirodkar’s PIL, when a complainant approaches the ACB, he is asked to provide the amount that an official has sought. For example, if a government official has asked someone for Rs25,000 in bribe, it is the complainant who has to provide the amount to the ACB so that the officer can be caught red-handed. If the complainant cannot provide the amount, the PIL contends, the ACB does not act.
To lay the trap, the ACB asks the complainant to provide the currency. The ACB covers the notes in anthracin powder so as to get the culprits finger-prints on it. The notes are then confiscated and become a part of the evidence in the case. However, Tirodkar has contended that if this amount is provided by the ACB itself, then more complainants would come forward to report corruption.
Hearing the case on Wednesday, Justice JN Patel and Justice KK Tated remarked that when the complainant provides for the amount himself, he stands to get it back only after the trial in the case, the duration if which is uncertain, is concluded. The judges, however, asked Tirodkar to amend his petition and incorporate more respondents in the case.
Tirodkar, who is currently in prison, was arrested in 2004 and is facing charges under the stringent Maharashtra Control of Organised Crime Act for his association with gangster Chhota Shakeel in an extortion case.j_mayura@dnaindia.net
Mayura Janwalkar
Friday, August 29, 2008 04:44 IST
www.dnaindia.com

Why no PIL on the Singur unrest?
http://www.merinews.com/catFull.jsp?articleID=140226
The Singur crisis could have been resolved much earlier if leaders like Mamata Banerjee’s had cared about public welfare. PILs must be filed against them concerning implications of the turmoil over the Tata project at Singur..

THE SINGUR unrest has been snowballing into a criminal wastage of India’s precious resources. Why is someone not filing a public interest litigation (PIL) to make leaders like Mamata Banerjee come to heel? PILs are filed for silly reasons but, considering the far-reaching implications of the agitation over Tata’s small car project in Singur, a PIL might have arrested the growing menace. Any court could also have taken suo moto cognisance of a rapidly deteriorating situation and directed the leaders to call of such actions that do nothing, but torment the general public.

The Opposition leaders might have differences with the ruling party – it happens in any democratic setup. But, does that empower the Opposition to create unrest of the magnitude that is being seen in Singur? Blocking a road or a highway that connects remote places and compelling vehicles to stop, amounts to nothing short of holding citizens to ransom for political gains.

Voices are heard from important bodies and serious concerns are expressed over the fate of the state. Business houses and industrialists are squirming in their seats, but no one has a solution. With both sides adamant in their stand, the common man is the worst sufferer. The vehicles that have ground to a standstill on the Durgapur Express highway have perishable food on board, stocks of medicines, apart from articles of daily use by the people as well as raw material required for existing industrial setups. The blockage is affecting availability in the markets and the resultant rise in prices will not help matters. What can Mamata’s team gain by such irresponsible actions?

There was an open meeting conducted on Wednesday (August 27) evening by a Bengali TV news channel, in which the locals were involved. It was quite informative and, during discussions, it emerged that many of the youngsters do not see eye to eye with the agitators or support their actions.

One of the girls said clearly that after going through a course in engineering, no one would opt to become a farmer.

Obviously, there are ulterior motives in Mamata’s demand to return the 400 acres of acquired land to the unwilling farmers. As one school of thought goes – the land would probably not really be used for farming but exploited in other ways.

Mamata has made her point that she wields enough power to paralyse a whole state – how many votes that would finally translate into, is a matter of debate. That she has not endeared herself to the people of Bengal is clear. She should now agree to meet the chief minister to resolve the matter in the Writers Building and not force an unpleasant situation.
www.merinews.com

Keep Lutyens’ free of tall buildings, says apex court
http://www.expressindia.com/latest-news/Keep-Lutyens-free-of-tall-buildings-says-apex-court/354669/
New Delhi, August 28 SC also approved a clause in bungalow zone guidelines that no basement can be built in residential plots
No highrises or multi-dwelling units will be allowed in the Lutyens’ Bungalow Zone, the Supreme Court ruled on Thursday, emphasising the need to keep it a low-density, bungalow area.
The apex court overturned an earlier judgment of the Delhi High Court which had directed the New Delhi Municipal Council (NDMC) to clear the plans for two-and-a-half-storey buildings in the zone’s Amrita Shergill Marg. These would have been multi-dwelling units or those bungalows that house more than one family.
The NDMC as well as the Union government had then moved the Supreme Court against the High Court’s verdict, appealing that it violated the guidelines that shape construction in this bungalow zone. These guidelines were framed on February 8, 1988.
The apex court’s Bench, comprising Chief Justice of India K G Balakrishnan and Justices R V Raveendran and J M Panchal, observed: “The court will have to take notice of public interest sought to be protected by the guidelines because if the guidelines had not been scrupulously followed… the LBZ area of Delhi would never have remained the bungalow area as visualised in the Masterplan… within no time skyscrapers would have come up… seriously affecting the low-density character of the area.”
The Bench also approved two main clauses in the LBZ guidelines — the height of the existing main bungalow on a plot will have to be the maximum height permissible for a reconstructed bungalow and that construction of a basement will not be allowed in residential plots till detailed development norms for the area were conceived.
The LBZ guidelines also say if a bungalow is to be constructed on a vacant plot here, it can only be as high as the lowest bungalow on nearby plots.
In this particular case, the NDMC and other appellate authorities had refused to sanction plans for the houses on Amrita Shergill Marg, maintaining they did not conform to the original guidelines. When the matter went to the High Court, it noted on May 19, 2004, that the NDMC’s objections were “illegal and without jurisdiction” and also directed the NDMC to endorse the plans.
However, the apex court would not hear of it. It observed on Thursday that the Prime Minister’s Office had also turned down any proposal to relax the LBZ guidelines.
Though the builders argued these guidelines did not have any legal or statutory foundation, the Supreme Court held that they had been legally strengthened after they were incorporated in the Zonal Development Plan on October 1, 1999.
The Bench concluded the builders could construct bungalows on their plots according to the guidelines, but they could certainly not make them multi-dwelling units.
In this case, the proposal was to build a total of 15 units — one for each family. “That is quite contrary to the guidelines,” the apex court ruled.
The judges also said the builders should refresh their plans and submit them again.
Express News Service
Posted online: Friday , August 29, 2008
www.expressindia.com

State announces MC polls after SC prodding
http://timesofindia.indiatimes.com/Chandigarh/State_announces_MC_polls_after_SC_prodding_/articleshow/3414698.cms
BATHINDA : A day after Supreme Court prodded Punjab government for inordinate delay in conducting election to Moga municipal committee, on Wednesday the state election commission issued notification for holding polls to Moga, Kharar, Muktsar, Sujanpur and Badhni Kalan municipalities . Despite the apex court directing the state government on August 8 to complete the election process for Moga municipality before September 20, no notification was issued till August 26, after which the court on Tuesday threatened to start contempt proceedings for not taking its orders seriously. The SC order came after a petition was filed by Moga’s former MC president Swaran Latta, wife of Moga Congress MLA Joginder Pal Jain. In her petition, Swaran Latta accused the Punjab government of delaying municipal elections, which were due since March 21. While the state government had taken the plea of “delimitation of municipal wards” for the delay, the Congress leaders of Moga alleged that the Akalis were not sure of their victory. The Congress leaders of Moga and Muktsar alleged that under the plea of delimitation of the municipal wards in these towns, the Akalis had reconstituted the wards with an aim to divide the Congress votes so that the party candidates have less chance of winning the election . For the last about five month, the Akalis dictated their terms through appointed administrators, alleged Jain. “In the Punjab Municipal Act there is no provision for appointing an administrator to a municipality even for a single day,” he said. According to the election notification, nominations can be filed between September 1 and 4, whereas scrutiny would be done on September 5 and September 6 will be the last date for withdrawal of candidature. The election process will be completed on September 17.
28 Aug 2008, 0730 hrs IST, Balwant Garg ,TNN
http://timesofindia.indiatimes.com

Assam MP Subba got birth certificate fraudulently: CBI to SC
http://www.hindu.com/thehindu/holnus/002200808282033.htm
New Delhi (PTI): The CBI has told the Supreme Court that Congress MP from Assam, Mani Kumar Subba, has obtained a birth certificate in a “fraudulent” manner for the purpose of establishing his Indian nationality.
Rejecting the claim of Subba that he was born in Assam’s Silguri district, the CBI told the apex court that the MP had given different dates of birth and places of birth to various authorities for different reasons and was thus “prima facie” guilty of various criminal offences.
The CBI’s report comes in the backdrop of the apex court’s direction to probe the nationality of Subba, who according to a public interest litigation was a Nepalese citizen who fled that country in the 1970s after a murder case was registered against him there.
Subba, in an affidavit before the apex court, had claimed his date of birth as March 16 1958. He had claimed that he was born in Dadgram village in Darjeeling district of West Bengal and his parents had migrated from Singtam village in Sikkim.
The Lok Sabha MP from Tezpur had claimed he was born at a house with address Door No 1, Dabgra, Ward NO XXIII, PO-Silguri and named Phanindranath Sarkar as its owner.
The PIL had alleged that Subba has changed his name from Mani Raj Limbo to Mani Kumar Subba after fleeing Nepal.
The CBI has said that its verification has revealed that the certificate was bogus and obtained in a fraudulent manner.
“The certificate of birth produced by him in this regard along with his affidavit has been obtained by misrepresentation of facts and in a fraudulent manner since the given birth place was neither in existence nor Phanindranath Sarkar was its owner during and prior to 1958,” the CBI has stated in its report.
www.hindu.com

No licence to rape a woman who appears to be promiscuous: SC
http://www.indianexpress.com/story/354558.html
New Delhi, August 28:: A woman who appears to be promiscuous in her sexual behaviour cannot be forced into a sexual relationship and nobody has a ‘licence’ to rape her, the Supreme Court has said.
“Even if the victim in a given case has been promiscuous in her sexual behaviour earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not a vulnerable object or prey for being sexually assaulted by anyone and everyone,” the apex court observed.
“Even if it is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give licence to any person to rape her,” a Bench of Justices Arijit Pasayat and Mukundakam Sharma passed the observation while quashing the acquittal order passed by the Allahabad High Court in favour of a rape accused.
Though the trial court had convicted the accused Munshi and another person for the rape of a 17-year old woman, the High Court acquitted the accused persons on the ground that victim was promiscuous in her sexual behaviour and had already lost her virginity.
Aggrieved by the acquittal, Uttar Pradesh Government filed the SLP in the apex court.
Upholding the appeal, the apex court on perusal of the medical and other evidence said that even assuming that the victim was previously accustomed to sexual intercourse, the same cannot be a ground for disbelieving her testimony or convicting the accused.
“On the contrary, the question which was required to be adjudicated was did the accused commit rape on the victim on the occasion complained of. It is the accused who was on trial and not the victim,” the Bench said.
The apex court said that a prosecutrix complaining of having been a victim of the offence of rape is not an accomplice of the crime.
“There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars. She stands at a higher pedestal,” the Bench observed.
Hence, the apex court directed the High Court to ‘re-hear’ the matter.
Agencies
Posted online: Thursday, August 28, 2008
www.indianexpress.com

Gujarat HC Judge transferred and Delhi HC Judge appointed
http://www.lawyersclubindia.com/news/2008/8/delhi_hc_judge_appointed.asp
The appointment of a Delhi High Court Judge and the transfer of a Gujarat HC Judge by President Pratibha Patil.Gujarat HC Judge Arvind Mohanlal Kapadia has been transferred as a Judge of the Rajasthan High Court, an announcement by the Law and Justice Ministry said.The President acted after consultation with Chief Justice of India K G Balakrishnan and directed Justice Kapadia to assume charge within 11 days– by September 5, it said.The transfer will increase the number of vacancies in the 42-Judge Gujarat HC to 13 and leave the 40-Judge Rajasthan HC with four vacancies.Delhi HC Additional Judge Vidya Bhushan Gupta has been appointed a Judge of the High Court, another Ministry announcement said.The 48-Judge Delhi HC has seven vacancies.A count last month showed that more than 260 of 876 sanctioned judgeships in India’s 21 High Courts were vacant.
Source : UNI –
www.lawyersclubindia.com

Make stand clear on GUJCOC issue, HC tells Centre
http://timesofindia.indiatimes.com/Ahmedabad/Make_stand_clear_on_GUJCOC_issue_HC_tells_Centre/articleshow/3414355.cms
AHMEDABAD: The Gujarat High Court, on Wednesday, asked the Union government to make its stand clear on the issue whether it would sanction the Gujarat Control of Organised Crime Act (GUJCOC ). A division bench of acting Chief Justice MS Shah and Justice DH Waghela has sought the reply by September 10, when further hearing on the petition demanding this anti-terror law by an NGO, Justice on Trial is scheduled. The court asked the Centre to clear its stand after the advocate for the NGO, Tushar Mehta, contended that the petition has been pending for more than two years and in absence of Pota, the government requires stringent laws to tackle organised crime. The petition claims that the Centre has sanctioned such law for Maharashtra in form of MCOCA, then why Gujarat should not have this act particularly? The state Assembly had twice cleared the Bill in the House and sent to the Centre for approval. The advocate general also stated that the state government has sent a letter to the Centre reiterating its demand in the aftermath of recent serial bomb blasts. Justice on Trial has sought court’s direction to the state government as well as to the Centre to expedite the process of sanctioning GUJCOC.
28 Aug 2008, 0455 hrs IST,TNN
http://timesofindia.indiatimes.com

HC to Orissa govt: Deploy more forces
http://timesofindia.indiatimes.com/HC_to_Orissa_govt_Deploy_more_forces/articleshow/3416496.cms
CUTTACK: Taking note of the violence in Kandhamal, Orissa High Court has directed the state government to immediately take adequate measures to protect life and property in the strife-torn areas by deploying forces. A bench comprising Chief Justice B S Chauhan and Justice B N Mohapatra gave the directive to restore peace and normalcy in the district, where violence erupted after the killing of VHP leader Laxmanananda Saraswati. “Take measures to restore peace in the area immediately by deploying adequate forces,” the bench observed on Wednesday while adjudicating a PIL filed by Ambedkar-Lohia Vichar Manch chief Sangram Mallick. Stating that many people in the disturbed areas were now homeless and had taken shelter in nearby jungles due to mindless violence, the petitioner alleged that poor and innocent people were targeted in the attack. Seeking the court’s intervention, the petitioner said the basic human rights of the affected people were being violated. During the hearing, the state government counsel informed the court that the government was aware of the volatile situation, adding that timely and appropriate measures were being taken by the government to restore normalcy in the area. “The government is committed to protect the life and property of all sections of the people,” the counsel said.
28 Aug 2008, 1339 hrs IST,PTI
http://timesofindia.indiatimes.com

HC closes case against ex-minister
http://timesofindia.indiatimes.com/Chennai/HC_closes_case_against_ex-minister_/articleshow/3414764.cms
CHENNAI : The Madras high court on Tuesday closed a habeas corpus petition alleging that several persons belonging to a family in Perundurai in Erode district had been abducted by former handlooms minister N K K P Raja’s henchmen. A division bench, comprising Justice Prabha Sridevan and Justice V Periya Karuppaiah, treated the matter as closed after the detenus were released from custody and the police filed a status report on the investigation. The detention was allegedly related to an attempt to grab a 10-acre piece of land belonging to P C Palanisamy of Perundurai. Earlier, the police had told to the court that Raja was not involved in the offence, even though the abduction was a fact. The inspector of police, Perundurai police station, in his status report on the probe said three persons have so far been arrested and a few more suspects identified. Vehicles involved in the offence had been seized.
28 Aug 2008, 0734 hrs IST,TNN
http://timesofindia.indiatimes.com

HC allows convict to access computer in jail
http://timesofindia.indiatimes.com/Chennai/HC_allows_convict_to_access_computer_in_jail_/articleshow/3414737.cms
CHENNAI : He may have been convicted of a cybercrime and trafficking in women, but he cannot be denied the use of a computer in prison to give vent to his creativity and pursue medical knowledge. This is the verdict of the Madras high court on a petition from Dr L Prakash, the surgeon sentenced to life last February for forcing women into prostitution and cyberpornography. Prakash, whose thriving online porn racket using men and women forced to perform sexual acts before the camera was busted in December 2001, will not, however, get to use his own computer, but only an official computer used for training prisoners. And the duration and content of his usage would have to be monitored , the court said. Prakash had approached the court with a plea that he should be allowed to use his own laptop or desktop computer in prison. However, the prison authorities contested his demand, arguing that as a cyber-crime convict, he was not entitled to use a computer . Further, the prison rules did not permit equipment and accessories that could be used for personal communication. A division bench, comprising justice D Murugesan and justice V Periya Karuppaiah , resolved the issue by ruling that Prakash was not entitled to possess any computer on his own in his cell. “Nevertheless, his right to get education, acquire knowledge and enrich himself in the medical field and modern medical facilities cannot be curtailed,” the bench ruled. The court directed the superintendent of the Puzhal central prison to allow him to use any one of the computers already available in the prison, and prescribe timings for such usage. And mindful of the fact that Prakash had been convicted under Sec 67 of the Information Technology Act for posting prurient matter on the internet, the court asked the jail superintendent to ‘supervise and monitor’ as to whether he used the computer only for the purpose for which he approached the court – to write books and enrich himself in the medical field. Prakash said he was the author of six books and numerous scientific articles in his field. And during his years of incarceration, he had narrated the Mahabharatha in English and penned 89 books on religion, self-improvement , humour and detective fiction. Prakash, who was practising for more than 15 years at the time of his arrest, took to cyber-pornography along with an associate based abroad. With a domain name registered in the US, the duo ran a website that featured pornographic photos and videos. The matter came to light when a teenaged boy complained to the police that he had been abducted and forced into acting in a pornographic sequence before a camera. Even though the case was primarily a cyber-crime , the prosecution also invoked antitrafficking provisions, as evidence showed that many girls were detained in a guest house and forced to have sex.
28 Aug 2008, 0801 hrs IST,TNN
http://timesofindia.indiatimes.com

HC wants action on highway encroachments
http://timesofindia.indiatimes.com/Chandigarh/HC_wants_action_on_highway_encroachments_/articleshow/3414708.cms
CHANDIGARH : Since laxity has become a trademark of bureaucracy, it came as no surprise when the high court pulled up road department authorities of Punjab and Haryana for their slow efforts in removing violations and encroachments along national highway and scheduled roads of the region. In a recent order, chief justice Tirath Singh Thakur and justice Surya Kant directed the officials to get their act together and file affidavits by December 16 as to the actual number of violations and encroachments removed by them in accordance with the law. Perusing the affidavit filed by Sunita Sethi, district town planner (enforcement and vigilance), office of director, town and country planning, Haryana, the judges observed that though the affidavit gave details of encroachments on National Highway passing through 10 districts of Haryana, the process of issuing notices to encroachers was not fast enough. It was stated in the order that as against 2,894 violations detected in 10 districts , only 423 notices had been issued and no explanation was there by authorities to explain the tardiness. According to the affidavit by Sethi, there were 4,096 violations and encroachments on scheduled roads where as only 1,157 notices had been sent and 987 violations removed. Significantly, these figures failed to impress the judges who observed that the picture painted by affidavit was not a happy one. The Punjab story was no better. Though an affidavit by Jasbir Singh Sidhu , chief engineer (National Highway), Punjab PWD B and R, stated notices had been issued in most cases and as many as 2,119 cases already decided, yet the figures regarding actual removal of such violations and encroachments were not available. Not placated, the judges found the process of identification and removal of violations and encroachments as “slow” but gave another chance to officials of both Haryana and Punjab to sort out the mess. So much so that the judges asserted that if the encroachments were not removed as early as possible, the court would be left with no alternative but to proceed against officials responsible for delay.
28 Aug 2008, 0720 hrs IST,TNN
http://timesofindia.indiatimes.com

HC comes to rescue of jailed Pak couple
http://timesofindia.indiatimes.com/Chandigarh/HC_comes_to_rescue_of_jailed_Pak_couple_/articleshow/3414685.cms
CHANDIGARH : Amina Bai in her mid-seventies had two years back trekked down to Amritsar all the way from Kutchh in Gujarat to welcome her long lost son into her arms, only to find son Ahmed and his wife Seema landing in jail for having entered India without valid travel documents. This was in December 2006. Though the couple has completed their sentence of one year awarded by the court, they continue to languish in Central Jail, Amritsar, in the absence of decision on their prayer for grant of Indian citizenship. Unwilling to give up her struggle to secure the release of her son and the daughterin-law besides decision on their citizenship prayer, Amina Bai knocked the doors of Punjab and Haryana High Court submitting that Ahmed and Seema were her only hope as she had lost her husband sometime after Ahmed had crossed over from Kutchh to Pakistan in the wake of near-drought conditions that prevailed in many parts of Gujarat, Amina Bai had stated in her writ petition. There now appears to be a glimmer of hope as Justice AN Jindal on Wednesday while disposing of Amina Bai’s writ directed the Union government as also the Punjab government to decide the matter within one month at best so that the petitioner was not allowed to suffer. The petitioner could not make it to Chandigarh on Wednesday as she had done at the time of filing the petition, but her counsel has informed her of the development that might prove to be the beginning of the end of her ordeal and loneliness. In a related development, the division bench of the chief justice Tirath Singh Thakur and justice Surya Kant on Wednesday issued notices for September 25 to the Punjab government as also the union government on a PIL by citybased World Human Rights Protection Council filed through its chairman advocate Ranjan Lakhanpal vide which directions have been sought for expeditious release of three more Pakistani prisoners detained in central jail, Amritsar though they had completed the sentence term awarded to them by the competent court. These prisoners also complained that they were not allowed to meet the delegation of judges, lawyers which had visited the jail at Amritsar some days back. Lakhanpal’s previous PIL on 31 Pak prisoners is due to be heard further on September 25, hence this order.
28 Aug 2008, 0712 hrs IST,TNN
http://timesofindia.indiatimes.com

Signboards: HC restrains MNS from indulging in violence
http://www.hindu.com/thehindu/holnus/002200808281927.htm
Mumbai (PTI): Observing that nobody can “hold the people to ransom”, the Bombay High Court on Thursday restrained MNS president Raj Thackeray and his party members from indulging in violence or making provocative speeches over Marathi signboards issue.
In response to an application filed by traders’ associations, the court restrained Raj and MNS members from “in any manner whatsoever disturbing” the traders in the city from carrying on their business activity, defacing or damaging their business property and assaulting or threatening them.
Justices J N Patel and K K Tated also restrained Raj personally from giving any provocative or intimidating public speech regarding the issue of putting up signboards in Marathi in commercial establishments and shops.
Federation of Retail Traders Welfare Associations, along with others, approached the High Court after the MNS chief warned shopowners to put Marathi signboards by August 28.
The court also ordered police commissioners of Mumbai and Thane to take effective steps to safeguard the petitioners and to protect them from violence by MNS workers.
Earlier, the court grilled the government lawyer as to what preventive measures it took after Raj sent a letter to traders, threatening to teach them lesson if they failed to put up Marathi signboards.
“There is a hidden threat in this letter,” Justice Patel said, asking what action was taken against Raj and whether “this gentleman has been interrogated.”
“Nobody can hold the people to ransom,” Patel said.
Government lawyer told the court that 811 MNS activists were arrested from August 26 and government was committed to maintaining law and order.
Thursday, August 28, 2008
www.hindu.com

HC allows SCs to enter temple
http://timesofindia.indiatimes.com/Cities/Madras_HC_allows_SCs_to_enter_temple/articleshow/3418389.cms
CHENNAI: Madras High Court on Thursday directed the Tamil Nadu government to provide adequate protection to Scheduled Caste (SC) community who wanted to enter Draupadi Amman Temple at Kandampatti village, closed since August four, 2007, following a simmering discord between Vanniar community and the SC over the latter’s entry into the temple. The above direction was given by a Division Bench comprising Justices P K Misra and M Sathyanarayanan on a petition filed by Viduthalai Chiruthaigal Katchi (VCK) leader Thol Thirumavalavan seeking a direction to Hindu Religious and Charitable Endowments Department (HR and CE) to ensure that people of all castes including Dalits be permitted to enter and offer prayers at the temple. Directing the government to reopen the temple within a period of four weeks, the Bench observed that as per the Tamil Nadu Temple Entry Authorisation Act, 1947, a right has been conferred upon all Hindus to enter into the said temple and offer worship. The Revenue Divisional Officer of Salem had ordered the closue of the temple after a peace committee meeting held on July 31, 2007, between Vanniar community and the SC failed to reach an accord on entry of SCs in the temple. The petitioner had contended that certain attempts were made to prevent people belonging to SC from offering worhip at the temple and a suit was filed by dominant community to prevent the SCs from entering the temple.
28 Aug 2008, 2038 hrs IST
http://timesofindia.indiatimes.com

NRI police officer launches legal action against Scotland Yard
http://www.expressindia.com/latest-news/NRI-police-officer-launches-legal-action-against-Scotland-Yard/352523/
London, August 23: Indian-origin Assistant Commissioner of Police Tarique Ghaffur, one of Britain’s senior officers, has launched a legal action against the Scotland Yard on the grounds that he was “harassed, degraded and humiliated” because he is Asian and a Muslim.
Ghaffur officially lodged the discrimination claim against the Metropolitan Police and Commissioner Sir Ian Blair.
The action was leaked in June and legal papers claim that Ghaffur has been further “victimised” by threats that he would be sacked unless he suspended the employment tribunal proceedings. Met Police has 28 days to respond formally.
A dossier compiled by Ghaffur in the past three years alleges that the level of racial discrimination in Scotland Yard has worsened and that senior ethnic minority officers face a “hostile” atmosphere. The combined effect has been to create a “degrading and humiliating” environment for him. Sir Ian has denied the charge.
Ghaffur is said to be upset by a failure to renew his contract beyond March 2009, which he claims is discriminating against his age, because he is over 50. The final allegation is that his 180,000 pounds a year role as head of Central Operations at Scotland Yard has been compromised and that he was silenced over the 42-day detention debate.
Agencies
Posted online: Saturday , August 23, 2008
www.expressindia.com

Legislation on royalty for scientists to get legal teeth
http://www.hindu.com/thehindu/holnus/002200808241340.htm
New Delhi (PTI): The new bill proposing a share for scientists in Intellectual Property Rights of study they conduct in state-run laboratories has acquired legal teeth to check possible fraud by researchers.
The Law Ministry has suggested addition of certain penal clauses to the Public Funded R&D (Protection, Utilisation and Regulation of Intellectual Property) Bill – 2007 which is expected to empower state-funded institutions to commercialise their research.
“The original bill did not contain any penal clauses which prompted the Law Ministry to suggest incorporation of such measures to the draft bill,” official sources said.
The law would be “infructuous” without any penal clauses, was the opinion of the Law Ministry, they said.
Modelled on the Bayh-Dole Act of the US, the draft bill is being piloted by the Department of Biotechnology in the Ministry of Science and Technology.
It seeks to encourage public sector research organisations to patent their inventions and offer them to the industry for commercialisation on a revenue-sharing basis.
The bill proposes to share 30 per cent of the revenue from the use of the innovation with the inventor and 10 per cent for the research lab to upgrade infrastructure.
Sunday, August 24, 2008
www.hindu.com

IT act to be amended to help detection of cyber crimes
http://economictimes.indiatimes.com/News/Economy/IT_act_to_be_amended_to_help_detection_of_cyber_crimes/articleshow/3397648.cms
THIRUVANANTHAPURAM: Centre plans to amend the Information Technology Act by incorporating provisions to treat as evidence in a court of law, cyber forensics devices and tools used for cracking cyber crimes, Union Minister for Communication and Information Technology A Raja said here. Speaking after dedicating to the nation the full-fledged Resource Centre for Cyber Forensics under Centre for Development of Advances Computing here, Raja said necessary amendments to IT act would be brought in the next session of parliament. On the activities of the Forensic centre, Raja said the main objective was to develop indigenous cyber forensics technology to make the country self-reliant in combating cyber crimes. Raja also commissioned the Mobile Telmedicine Facility and Information and Communication Technologies (ICT) based programme for ‘Rehabilitation Officials and Special Teachers.’ It is aimed at establishing infrastructure facility to impart distant training to special educators and professionals engaged in the education and rehabilitation of mentally challenged children. Development of tools for cyber forensics, state-of-the-art training in cyber forensics and technical services like cyber crime analysis, and cyber crime investigation were some of the activities of the centre. Emailtracer, Cyberinvestigator, PDA analyser, Trueimager, Truelock, cyberchek and Trueback were some of the tools developed by the Resource Centre for detecting various types of cyber crimes. C-DAC Director General S Ramakrishnan, M Madhavan Nambiar, Special IT secretary Department of Information Technology were among those present on the occasion.
23 Aug, 2008, 2359 hrs IST, PTI
http://economictimes.indiatimes.com

Govt panel wants SC-ST Act to be extended to tribes
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=e0fc6f45-fe24-40bb-bcb2-cceffac7510c&MatchID1=4742&TeamID1=8&TeamID2=6&MatchType1=2&SeriesID1=1195&MatchID2=4732&TeamID3=2&TeamID4=3&MatchType2=2&SeriesID2=1193&PrimaryID=4742&Headline=’SC-ST+Act+to+be+extended+to+nomadic+tribes’&strParent=strParentID
A high-level government panel has recommended extension of provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to the denotified, nomadic and semi-nomadic tribes.
The National Commission for Denotified, Nomadic and semi-Nomadic Tribes (NCDNST), entrusted to study the socio- economic conditions of the tribal community and recommend measures for their all-round uplift, presented a copy of its final report to Prime Minister Manmohan Singh on August 20.
The report asked to process the recommendations urgently for a final decision and its early implementation.
While presenting the copy of the report, chairman of the Commission Balkrishna Sriram Renke briefly apprised the prime minister about the recommendations, which included suggestions for initiation of special housing scheme, education and skill development programmes for the tribes.
It was also recommended to create a permanent Commission for denotified nomadic tribes on the lines of the National Commission for Scheduled Castes, besides providing reservations to them, sources in NCDNST said.
“Although the Criminal Tribes Act 1871, consolidated by Britishers to notify certain tribes as ‘born criminals’ during the colonial rule was repealed after Independence, the tribes continue to be victims of the stigma,” a senior official of the NCDNST said.
Press Trust Of India
New Delhi, August 24, 2008
First Published: 14:04 IST(24/8/2008)
www.hindustantimes.com

PIL filed against Haj committee http://timesofindia.indiatimes.com/Ahmedabad/PIL_filed_against_Haj_committee_/articleshow/3395652.cms
AHMEDABAD: The issue of a goof-up in the lucky draw system arranged by Gujarat Haj Committee to select the lucky pilgrims who would go for Haj has reached Gujarat High Court. The lucky draw system was implemented for the very first time by the committee in May. Mohammed Musa Hajiba has filed a public interest litigation (PIL) against the system adopted by the Haj committee where 7,864 persons were declared as selected for this year’s pilgrimage to Mecca, whereas the allotted quota for Gujarat is just 4,211. Subsequently, the committee had held another draw and 3,654 persons were intimated that their selection was cancelled. Aggrieved by this and terming it as “gross violation of principles of natural justice”, Hajiba has challenged the draw system in HC and sought direction to the Centre, the Central Haj Committee and state Haj committee to accommodate these people for the pilgrimage in 2008 itself. The petitioner has raised concerns over the ‘mistake’ committed by the authorities. He has urged that the government should try to accommodate them by reducing the MP’s quota of nomination as well the reserved VIP quota, which is above 2,500. He has also proposed to send these left out people on seats that remain vacant in other states. Hearing this PIL, acting Chief Justice MS Shah and Justice DH Vaghela issued notices to the Centre as well as the Haj committees and asked them to file their replies by August 29, said advocate Rituraj Meena, who appeared for the Union government . Build road for blind girls’ hostel: HC to AMC: Gujarat High Court on Friday directed AMC to construct a road for the blind girls’ hostel in Vastrapur within three days and present a report next Wednesday. Taking suo motu cognizance of the issue of hostel’s bad condition, a division bench headed by acting Chief Justice MS Shah asked the AMC to lay down the road immediately.
23 Aug 2008, 0811 hrs IST,TNN
http://timesofindia.indiatimes.com

NTPC plans to stay out of RIL-RNRL legal dispute
http://www.business-standard.com/india/storypage.php?autono=332316
NTPC , India’s largest thermal power operator, said it will stay away from the ongoing Reliance Industries (RIL) and Reliance Natural Resources (RNRL) case in the Bombay High Court over the supply of KG Basin gas.
Last Thursday, central government counsel T S Doabia said that NTPC does not have a ‘concluded contract’ with RIL.
NTPC and RIL are engaged in a separate legal battle since December 2005 over RIL’s claim that it has only signed a Letter of Intent (LoI) with NTPC and does not have a concluded contract with the power company. NTPC, on its part, maintained that it has a concluded contract with RIL for the supply of natural gas to its Kawas and Gandhar power stations in Gujarat.
“The central government counsel has commented on a case whose merits he is unaware of. We will not be part of any matter that does not concern us,” said a senior legal advisor to the state-owned NTPC.
NTPC had invited bids in October 2002 and RIL had emerged as the sole successful bidder for the supply of natural gas to these projects. RIL had won the right to supply 12 million metric standard cubic metres per day (mmscmd) of gas to NTPC’s power projects in Gujarat at a price of $2.34 per million metric British thermal unit (mmbtu). RIL had quoted the lowest price in the bidding process in 2004 and was subsequently issued a LoI.
“We will take appropriate action to keep our right totally intact. We are not sitting on the case. This is a commercial contract and its sanctity has to be maintained,” said R S Sharma, Chairman and Managing Director, NTPC, when asked about his company’s response to the government lawyer’s statement in the Bombay High Court. He refused to divulge further details.
NTPC went to court in 2005 after RIL did not sign the gas sale and purchase agreement (GSPA) because of a dispute over a clause related to unlimited liability. RIL could not be reached for comments.
The RIL-RNRL gas sales agreement was drafted on the lines of the NTPC-RIL gas sales agreement. The verdict on the RIL-NTPC case is important as the gas agreement signed between RIL and RNRL, which is also being disputed in the High Court, enabled the Anil Ambani controlled RNRL to get 12 mmscmd of additional gas if the contract between RIL and NTPC fails. This would entitle RNRL to have 40 mmscmd of gas at a price of $2.34 per mmbtu.
NTPC’s dispute with RIL has affected the former’s investments because of non-availability of gas for the two power projects. “Investment plans for the project were not drawn. The project was awarded and the bid was also opened. But the work could not start. A lot of capacity could not be added…1450 mw in each plant,” added Sharma.
The Bombay High Court has decided to hear the case on a fast-track basis. The next hearing is scheduled for Monday.
Bs Reporters / Mumbai/ New Delhi August 24, 2008, 4:40 IST
www.business-standard.com

SC bench divided over sting operations
http://timesofindia.indiatimes.com/India/SC_bench_divided_over_sting_operations/articleshow/3395018.cms
NEW DELHI: The cash-on-camera sting on former Union minister Dilip Singh Judeo evoked contrasting views from a two-judge bench of the Supreme Court — one judge holding sting operations to be a just means to expose the corrupt, while the other reminding all about the goofed-up Uma Khurana sting. The contrasting views came from a bench comprising Justices Altamas Kabir and Markandey Katju on a petition filed by one Rajat Prasad, who challenged the Chhattisgarh high court’s decision to dismiss his plea against discharge from the case. Prasad and others, including former chief minister Ajit Jogi’s son Amit Jogi, are facing trial for allegedly planning the sting operation on Judeo in 2005 allegedly to derive political mileage. Appearing for Prasad, senior advocate Harish Salve said if his client was to be prosecuted for conducting the sting on Judeo, then the other TV channels which showed the sting operations relating cash-for-query and cash-for-vote should also be liable to be prosecuted. Justice Katju said he was all for sting operations, which were the only way to expose corrupt elements. “How can those carrying out sting (operations) against the corrupt be booked under the Prevention of Corruption Act?” he asked. Coming in defence of those who conduct sting operations to expose corruption, Justice Katju said: “There is no intention to commit a crime. How can they be equated with criminals.” Striking a balance at a time when Justice Katju was justifying the sting operation, Justice Kabir said the other side of the story should also be aken into account and reminded all about the manner in which an innocent school teacher, Uma Khurana, was made to suffer because of a manipulated sting operation by a TV channel. However, the Bench issued notice to CBI seeking its response to Prasad’s plea seeking discharge from the case.
23 Aug 2008, 0233 hrs IST,TNN
http://timesofindia.indiatimes.com

Daily Legal News 28.08.08

Bansal, Gupta sent to judicial custody

http://www.expressindia.com/latest-news/Bansal-Gupta-sent-to-judicial-custody/353877/

Judge bribery case: Heated argument between special public prosecutor and defence counsel witnessed in court

The court of Judicial Magistrate (First Class) sent Sanjeev Bansal and Rajiv Gupta, accused in the case pertaining to an attempt made to bribe a High Court judge, to judicial custody for 14 days.

Demanding their police remand, advocate Anupam Gupta reiterated in the court: “Indeed a High Court judge is involved in the case. The identity of the judge already stands established.”

During the arguments, which lasted for more than half an hour, he said the two accused made disclosure statements in which they had said a handset belonging to Bansal was to be recovered from the possession of his Delhi-based friend. Gupta said the handset contained a large number of phone numbers which might offer vital information and leads in the case.

The court witnessed a heated argument between Anupam Gupta and Bansal’s counsel.

Gupta took a dig at Bansal, former Haryana Additional Advocate General, and pointed out that there had been tremendous pressure from both within and outside the legal system on the investigating agency.

“Bansal is an important part of the legal system and he was looking forward to get help from higher quarters from both within and outside. That is why despite custodial interrogation he is opening up in bits and pieces,” said Gupta. Alleging that many high-profile people are involved in this case, he submitted: “The investigating agency is up against a very powerful, intelligent and well-connected nexus that involves higher members of the judiciary.”

Gupta added that a scrutiny of the astronomical bank transactions of Bansal brought to light the fact that his single bank transaction used to be in crores of rupees and that his cash transactions were in lakhs.

Arguing against Bansal’s police remand, senior advocate Rajiv Atma Ram, his counsel, claimed that what Bansal and Gupta told the police were not disclosure statements. “If they were, Bansal would have revealed the name of his friend as well who is in possession of the phone,” he said. He also argued that the statements had not been recorded in the presence of independent witnesses.

After the arguments concluded around 4 pm, the magistrate reserved his orders and told the advocates that it would be pronounced at 5 pm.

Around 6 pm, the magistrate returned to the courtroom and said: “Further police remand is declined.”

Posted online: Wednesday, August 27, 2008 at 02:41:12

www.expressindia.com


CJI proposes judicial inquiry by 3 Judge Panel into Punjab & Haryana HC scandal
http://www.indlawnews.com/Newsdisplay.aspx?9d50ee06-8ccb-417f-9cdb-ae5cfdb595f3

 

Chief Justice of India K G Balakrishnan has proposed a judicial inquiry by three High Court Judges Committee to look into the scandal, which has rocked the Punjab and Haryana High Court, with the name of its sitting Judge cropping up in the scandal.

On August 13, Justice Nirmaljit Kaur reported the matter to State High Court Chief Justice Tirath Singh Thakur and local police about an attempt to bribe her by sending a briefcase containing Rs 15 lakh in cash.

The money was allegedly sent by Additional Advocate General of Haryana Sajeev Bansal, who is presently in jail along with his close associate Rajiv Gupta, a property dealer. During interrogation, Bansal has reportedly confessed that the money was in fact meant for another Judge, Nirmal Yadav, who has already proceeded on leave after her name cropped up in the scandal.

The Chief Justice, who is being kept informed about the latest developments in the case by Justice Thakur has suggested the names of Allahabad High Court Chief Justice Hemant Laxman Gokhle, Justice Madan B Lokur of Delhi High Court and Chief Justice of Jammu and Kashmir High Court K S Radhakrishnan as members of the committee.

Justice Gokhale is likely to head the committee.

Bansal has also reportedly confessed that he was a regular channel between Justice Yadav and a Delhi hotelier.

The suggestion of the Chief Justice has come in accordance with the procedure of in-house mechanism adopted by the judiciary to tackle the menace of corruption in the temples of Justice.

The scandal came to light, when the clerk of a senior solicitor dropped the money at the official residence of Justice Kaur.

Earlier, Bansal had made a statement that the money was taken to the residence of the Judge by mistake, while it was meant for payment of a land deal. The name of Justice Yadav has also cropped up in connection with another land deal in Himachal Pradesh’s Solan district.

The judiciary has already been rocked by another GPF scam of Ghaziabad district court tragedy from where Rs 7 crore was fraudulently siphoned-off during a period of seven years from 2001 to 2007, in which the main accused Ashutosh Asthana has named 36 Judges as the beneficiaries of the scam. Judges named in the scam includes a sitting apex court Judge, 11 Judges of Allahabad and Uttarakhand High Court and 24 District and Sessions Judges of Ghaziabad. The case has been transferred by two benches of the Supreme Court, one headed by Justice Balakrishnan himself, another bench headed by second senior-most Judge of Supreme Court B N Agarwal and has now been transferred to a bench headed by Justice Arijit Pasayat.

UNI

8/28/2008

www.indlawnews.com

 

CJI Balakrishnan sets panel to probe ‘cash scam’

http://www.newstrackindia.com/newsdetails/14013

Taking a serious note of the ‘cash-at-judge door’ scam that has malign the judiciary again, the Chief Justice of India K G Balakrishnan has constituted a three-member committee to enquire into the Rs 15 lakh bribery case allegedly involving the hand of Punjab and Haryana High Court judge Nirmal Yadav. Besides, a parallel CBI enquiry has also been recommended.

Justice KS Radhakrishnan (Chief Justice of Jammu and Kashmir HC), Justice Hemant Lakshman Gokhle (Chief Justice of Allahabad HC) and Justice Madan B Lokur (Delhi HC) will probe the case. Justice Gokhle will head the committee set up to unleash the corruption charges’ case involving former additional advocate-general of Haryana, Sanjeev Bansal and three others have been arrested.

Punjab Governor SFR Rodrigues, who is also Administrator General of Chandigarh, has recommended a CBI probe into the scam after consultation with the HC Chief Justice Tirath Singh Thakur.

Presently the Chandigarh police is investigating the case. The Central Agency will soon set out for Chandigarh and take the records of the case into its supervision from the state police. Considering the sensitivity of the case, the CBI has reportedly been advised to deal the case with utmost sincerity and ensure no local factor could influence the investigation.

The scandal came to light after the clerk, allegedly sent by Additional Advocate General of Haryana Sajeev Bansal, dropped the money at the official residence of Justice Nirmaljit Kaur. Justice Kaur reported the matter to State High Court Chief Justice Tirath Singh Thakur and local police about an attempt to bribe her by sending a briefcase containing Rs 15 lakh in cash.

Bansal, presently in jail, reportedly confessed during interrogation but said the money was meant for another judge, Nirmal Yadav, who proceeded on leave after her name popped up in the scandal.

Accused Sanjeev Bansal and his associate Rajiv Gupta were remanded to 14 days’ judicial custody on Tuesday. Bansal who has reportedly confessed about the delivery of money had earlier made a statement that money was delivered to the residence of judge by mistake. He said the money was meant for payment of a land deal.

Chandigarh police enquiring into the matter reached Solan, Himachal Pradesh and after investigation revealed the money was related to a property deal the judge and her relatives had clinched last week.

The cash scam has added fuel to the judiciary already facing flak by another Provident Fund scam occurred in Ghaziabad district court from where Rs 7 crore was fraudulently siphoned off within a period of 7 years from 2001 to 2007. The main accused, Ashutosh Asthana-a Ghaziabad treasurer, who is presently in jail has named 36 judges includes a Supreme Court judge, 11 Allahabad and Uttarakhand HC judges and 24 District and Session Courts judges of Ghaziabad as the beneficiaries of the scam. The case is under investigation probing by the state agencies.

New Delhi, Thu, 28 Aug 2008 NI Wire

www.newstrackindia.com

 

Delhi HC notice to Nagaland
http://www.assamtribune.com/scripts/details.asp?id=aug2808/at02

 NEW DELHI, Aug 27 – Delhi High Court has issued notices to Nagaland Government to respond to a PIL filed by Rashtriya Mukti Morcha (RMM), demanding a Central Bureau of Investigation (CBI) probe into the infamous Nagaland lottery scam. The PIL filed by the NGO in 2006, came up for hearing before the Court of the Chief Justice of Delhi High Court, Justice A.P. Shah and Justice S Murlidhar. As Mani Kumar Subba, who has been named as one of the respondents in the case, has so far declined to respond, the Court today decided to issue notices to Nagaland Government, said petitioner’s counsel, Ravindra Kumar.

Talking to this newspaper, the advocate said that they have demanded a thorough probe by the CBI into the lottery scam, which he alleged was to the tune of over Rs 7 crore.

The Nagaland lottery scam has come back to haunt the State Government and the self-styled lottery baron after almost a decade of its unearthing. It was in 1996-1997 that the Comptroller and Auditor General (CAG) conducted a special audit leading to the unearthing of the scam that ran to a whopping Rs 5,000 crore. The Union Home Ministry ordered the special audit during the NDA regime.

The CAG report had indicted both the Nagaland Government and MS Lottery, which was the sole distributor of the State lottery. It was accused of defrauding the public as well as the exchequer. Governor of Maharashtra, SC Jamir was the Chief Minister of the State, when the scam was unearthed. The CAG report was handed over to the then Governor O P Sharma.

“The Nagaland lottery did not meet the requirements of the Supreme Court. It was state-authorised and not state-organised. Every opportunity was taken by the state to benefit the state’s sole distributor M S Associates at the cost of the state. Every conceivable transgression took place in the running of the lottery,” the CAG had reported’

The CAG report, submitted in the Nagaland Assembly, said that lottery tickets worth Rs 38,297 crore had not been credited to the State Government account. The entire scam took place between October 1993 and November 1997.

Lotteries were organised to help mobilise additional revenue for the state but because of a vague and loosely worded agreement between the director of the State Lottery and M S Associates, audit found that only 0.105 per cent of the total turnover of Rs 38,297 crore was credited to the Nagaland Government.

The CAG report had categorically said that 83,254 lottery draws were held under different schemes. In each of the 1,522 days, 55 draws took place each day and the turnover of each draw was Rs 45.75 lakh. Neither was the entire amount of sale of these draws amounting to Rs 38,297 crore deposited with the government, as it should have been nor was the prize money given.

The claim that 91 per cent of the face value of the tickets was paid as the prize money was not acceptable, said the CAG report.

The CAG found that the Government should have got at least Rs 383 crore as profit of the entire sale of tickets, but under mysterious circumstances, it got only Rs 40.20 crore from M S Associates in four years. The Government had also not received Rs 54 crore as taxable prize money, which was to revert to the Government and there was no account of non-taxable prizes worth Rs 15,194 crore, which could be won during the period between October1993 and November 1997.

Spl correspondent

www.assamtribune.com

 

 

BMC proposes to display names of trees for identification

http://www.expressindia.com/latest-news/BMC-proposes-to-display-names-of-trees-for-identification/354399/

Mumbai, August 27 The BMC has proposed to display the names of the trees on board for easy identification. This has been stated in an affidavit filed by the BMC to the Bombay High Court. The affidavit has been filed by Superintendent of Garden Vijaykumar Dande in response to a PIL challenging the procedure followed for cutting trees in Mumbai.

Awaaz Foundation, an NGO, had alleged that the procedure for seeking permission to cut trees for redevelopment is faulty. Dande, while denying the allegations has revealed that the final count of trees is only 19, 17,844 consisting of 366 varieties excluding mangroves and forest land. The affidavit reveals that of the nearly nine crore budget allotted for 2008-09, only Rs 2.5 crore has been utilized till June 2008. According to petitioner Sumaira Abdulali, the Tree Authority is always the last to know about cutting of trees and do not follow proper procedure to cut trees. It is the responsibility of the Tree Authority to maintain greenery in the urban areas.

The ‘tree cess’ worth Rs 100 crore collected as part of the property tax is not being used properly by the authority, the PIL alleged. Dande, however, states that the tree authority grants permission for chopping of trees after sufficient scrutiny and following due procedure. The petition further contends that “there is a clear and direct nexus between the builders and the BMC officials as well as the Tree Authority.” The petition goes on to say that there is a construction boom in the eastern and western suburbs of the city and the green cover is indeed disappearing in the name of development and there is no adequate mechanism in place regarding replacement and transplanting of the trees. It alleges that the authorities concerned have given permission to cut trees freely and there is no information regarding the steps that needs to be taken by the builders to ensure that adequate number of trees are planted in place of those have been cut for the purpose of construction.

Dande further states that Green Awards would be given to those who plant maximum number of trees and steps are being taken to develop tree gardens. The petition also states that “despite grant of more than required funds to the Tree Authority the same has been lying admittedly un-utilised. The PIL will come up for hearing on August 28.

Mohan Kumar

Posted online: Thursday , August 28, 2008 at 02:42:55

www.expressindia.com

 

Abattoir: govt, BBMP in coma, says Bangalore High Court

http://timesofindia.indiatimes.com/Bangalore/Abattoir_govt_BBMP_in_coma_says_Bangalore_High_Court/articleshow/3414619.cms

BANGALORE: The high court division Bench on Wednesday pulled up the government and BBMP for not shifting and setting up a modern abattoir for the city even six years after the court order, and told them to find a solution to the vexed problem.

“The case was filed in 1997. The court directed you to shift the abattoirs on August 13, 2002. But you are still dragging your feet. Though a new abattoir was envisaged on a 40-acre plot, the local MLA is creating problems. The executive is helpless. The government and the BBMP seem to be in a deep coma,” the Bench observed.

Notice to BDA, state over PRR

The high court ordered issuance of notices to the BDA and government with regard to PIL challenging the Rs 3,500-crore Peripheral Ring Road project Phase-I (PRR-I ).

The division Bench, headed by the chief justice, said any acquisition will be subject to the result of the writ petition.

Lt. Col. P R Rai and others challenged the project on the ground that feasibilty report was not prepared before final notification was issued on June 29, 2007.

The preliminary notification was issued on September 23, 2005, and an additional notification issued on November 15, 2006. The government told the BDA to prepare a feasibility report before approving the project in April 2007, the petitioners claimed.

Plea on ‘Bengaluru’ spelling admitted

A division Bench has admitted PIL challenging the use of ‘uru’ in the names of Bangalore, Mysore and Mangalore, instead of ‘ooru’ .

“Since you have approached the Centre, let them decide. But in Chennai , even after the change of name, the high court is still Madras High Court. It’s the same with Bombay High Court,” the Bench observed before adjourning the hearing.

The petitioners claimed the use of ‘uru’ is incorrect and meaningless and sought a direction for using ‘ooru’ , which corresponds with the Kannada word for ‘place’ .

BBMP to reply on slum

A division Bench has directed the BBMP to file an affidavit with regard to time-frame for rehabilitating slumdwellers who have been put up at a park in Austin Town. The court also wanted to know when the temporary structures will be cleared.

KIADB acquisition stayed

A division Bench has issued interim stay on a May 9, 2008 KIADB notification for acquiring 995.90 acres in three Koppal villages for Arees Iron and Steel Ltd.

The petitioners said KIADB can acquire land only for public purposes and has exceeded its jurisdiction by doing so for a single entity. The company also did not buy the property outright from farmers, they said.

Cost imposed on insecticide firm

A division Bench has imposed a cost of Rs 25,000 on insecticide manufacturer Rallis India Ltd for creating a stalemate in the legal process for over a decade.

The Bench also directed the trial court to complete proceedings within three months and file reports every 15 days about the progress of the case.

The authorities initiated criminal proceedings against the company and its distributors in 1997, after testing a sample of Hexaconazole solution . The company claimed the lab was not authorized. The Bench found that one part of the lab statement which mentioned its authorization was not submitted in court.

toiblr.reporter@timesgroup .com 28 Aug 2008, 0653 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Judge seeks to recuse herself in Reliance-NTPC case

http://www.business-standard.com/india/storypage.php?autono=332785

Justice Roshan Dalvi sought to recuse herself from the case involving Reliance Industries Ltd (RIL) and state-owned National Thermal Power Corporation (NTPC) over the supply of gas from the Krishna-Godavari (KG) basin today.

RIL had applied to the Bombay High Court seeking the appointment of a new judge, legal sources said, on grounds that Justice Dalvi holds four shares in NTPC.

Based on today’s closing price of the NTPC scrip on the Bombay Stock Exchange, the four shares are worth around Rs 685.

RIL was not available for comment on the development despite repeated attempts.

The case stands postponed till the Chief Justice of the Bombay High Court, Swatanter Kumar, appoints a new judge and issues a fresh date of hearing.

NTPC and Mukesh Ambani-promoted RIL have been involved in a legal row in the Bombay High Court since December 2005 over the latter’s claim that it has only signed a Letter of Intent (LoI) with NTPC and does not have a concluded contract with the power company.

NTPC has maintained that it has a concluded contract with RIL for the supply of natural gas to its Kawas and Gandhar power stations in Gujarat.

NTPC had invited the bid in October 2002 and RIL had emerged as the sole successful bidder for supply of natural gas to these projects. RIL had won the right to supply 12 million metric standard cubic metres per day (mmscmd) of gas to NTPC’s power projects in Gujarat at $2.34 per million metric British thermal unit (mmbtu). RIL had quoted the lowest price in 2004 in the bidding process and was subsequently issued an LoI.

NTPC went to court in 2005 after RIL did not sign the gas sale and purchase agreement (GSPA) because of a dispute over a clause relating to unlimited liability.

The resolution of this case is important for another case over the supply KG basin gas involving RIL and Reliance Natural Resources Ltd (RNRL), promoted by Mukesh Ambani’s brother Anil because the RIL-RNRL GSPA was drafted on the lines of the NTPC-RIL agreement.

Meanwhile, in a related development, R S Sharma, chairman and managing director of NTPC, met the Advocate General of Maharashtra, Ravi Kadam, in Mumbai today and briefed him that the government’s counsel in the gas dispute case between RIL and RNRL would withdraw his statement that “NTPC did not have a concluded gas contract with RIL”.

The counsel, Justice TS Doabia, was representing the ministry of petroleum and natural gas. The next hearing for RIL-RNRL case is scheduled for September 1.

Bs Reporter / Mumbai August 28, 2008, 0:28 IST

www.business-standard.com

SC grants more time to Godhra probe panel

http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=219984

NEW DELHI, Aug. 26: The Supreme Court today granted time till 31 December to the Special Investigation Team (SIT), headed by former CBI director Mr RK Raghavan, to complete the probe into the Godhra train burning incident and submit its final report on whether a dozen major cases of the Gujarat communal riots that followed required CBI investigation.
A three-judge bench of Justices Mr Arijit Pasayat, Mr P Sathasivam and Mr Aftab Alam granted the extension of time when the SIT made a request for the same.
The bench adjourned the hearing soon after Justice Mr Pasayat lost his temper over the submission of senior counsel Mr KTS Tulsi when he remarked that “this honourable court has suspended the Constitution with one stroke of pen and no court is prepared to hear the bail applications of the accused and they are being told to go to the Supreme Court”.
Justice Mr Pasayat told Mr Tulsi not to raise his voice and made it clear that the court had not said anything on that aspect.
Over 100 accused are in jail for their involvement in the burning of a train at Godhra, in which 52 kar sevaks, returning from Ayodhya, were burnt alive in 2002 when bogie number S6 was allegedly set ablaze. Following this incident communal riots broke out in Gujarat in which hundreds were killed.

Statesman News Service

www.thestatesman.net

Darken the circles on CET answer sheets – Bombay HC

http://www.indiaedunews.net/Maharashtra/Darken_the_circles_on_CET_answer_sheets_-_Bombay_HC_5772/

Mumbai: Aspirants of the Common Entrance Test (CET), Maharashtra have been advised to mark their answer sheets by darkening the circles properly.

The Bombay High Court said that students are given marks even if they have ticked the correct circle and not darkened the circle.

The High Court has, therefore, strictly directed the State Government to evaluate answer sheets according to the instructions listed in the CET brochure.

“A student taking the CET Examination puts in a lot of hard work with an aim to secure a seat in a reputed institution. No laxity can, therefore, be permitted in the matter of assessment of answer sheets as it may affect the future of students”, said a division bench comprising Justice P.B. Majumdar and Amjad Sayed.

“No student should be kept in dark. All actions of the state should be transparent. A bright student may loose his chance of getting admission in a medical course if the state adopts procedures contrary to the ones prescribed”, the judges added.

The decision has come in after a petition was filed by a Pune resident -Manjeri Patil, who missed out on a seat in a medical college by a few marks only.

During revaluation, Manjeri realized that marks had been awarded to her for answers where she had put a tick mark.

However, according to the information brochure, scratching, overwriting, tick mark and multiple answers are considered as a wrong answer and no marks are awarded for such questions.

Assistant Government Pleader MD Naik told the HC that the rule had not been followed strictly and the State had taken the opinion of ‘some experts’ regarding this issue as there were several cases of students putting a tick mark instead of blackening the circles in a hurry.

“Ultimately, on the basis of the opinion received, a decision was taken that tick marks would be taken into account so that a student, who has answered a question correctly does not suffer”, said Naik

The High Court, however, said that the State Government’s decision is “highly unjustified”.

“In a society governed by the rule of law, a citizen is expected to know as to what is the correct procedure and principle by which he is likely to be guided”, said the court.

The State Government has given an undertaking to the HC stating it would strictly adhere to the norms and in the event of any change, would inform students about the changes in advance.

August 27, 2008 

http://www.indiaedunews.net

Green group can hold silent protests: HC http://timesofindia.indiatimes.com/Mumbai/Green_group_can_hold_silent_protests_HC_/articleshow/3409809.cms

MUMBAI: The Bombay high court on Tuesday restrained Greenpeace activists from protesting outside Tata’s headquarters in the city, Bombay House, or the residences of any of its directors in connection with its Dhamra project in Orissa. They contend that the project is endangering the eco system.

Hearing a petition by Tatas, Justice V M Kanade earmarked three sites where the activists could hold silent protests- the Income Tax building at Churchgate, near Liberty Cinema and near Metro cinema.

The organisation also gave an undertaking to the court that it would not obstruct anyone from entering or leaving the buildings.

Greenpeace’s run in with the Tatas concerns the latter’s venture with Larsen and Toubro to build a port near Dhamra on the Orissa coast. According to the environmental group, the port is located barely 12 km from the marine sanctuary of Gahirmatha beach, which is the breeding site of the rare Olive Ridley Turtles. The environmental organisation claims that construction and dredging activity affect the ecosystem and the turtles ‘ habitat.

On August 20, Greenpeace activists had launched a sitin protest at Bombay House. 27 Aug 2008, 0519 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Third HC judge to hear percentile case on Friday

http://timesofindia.indiatimes.com/Mumbai/Third_HC_judge_to_hear_percentile_case_on_Friday_/articleshow/3409805.cms

MUMBAI: It was clearly a wide divide between the views of Chief Justice Swatanter Kumar and Justice A P Deshpande in the percentile case.

“It is arbitrary, irrational, illegal, unreasonable, passed in undue haste with no application of mind and violates the fundamental right of merit-cum-preference ,” said the Chief Justice of Bombay high court, mincing no words on the Maharashtra government’s new normalisation system for admissions to first year junior college.

Justice Deshpande differed, “It is not arbitrary, nor unreasonable , not harsh and the state has successfully demonstrated that it has created a level playing field (for all students of diverse boards).”

A day after the split verdict in the petition challenging the state’s introduction of the controversial percentile formula to govern FYJC admissions, Justice J N Patel, the third judge before whom the matter now rests, has fixed the hearing on August 29-30 . His decision will be significant in finally judging the legality of the government resolution.

Justice Deshpande said the state’s policy withstood the test of reasonableness as laid down by the Supreme Court. “As a matter of fact, the formula has not operated strikingly to the detriment of the interest of the students from ICSE and CBSE boards. They are getting more seats than their numerical proportion,” he said, reasoning why the state was right.

He noted that it was not necessary for the state to have heard the persons who would be affected. “The state has introduced a definite principle rather a statistical formula aimed at normalisation of the percentage of marks, and the same operates equally to all the students,” he said, accepting the state’s stand that till 2007, though only a few thousands of students used to pass Std X from other boards, such as CBSE and ICSE, they could secure majority of the FYJC seats in the more sought after prestigious colleges, leaving SSC students high and dry.

However, Deshpande sounded a word of caution, saying the state “is expected to take such vital decision in more coordinated and comprehensive manner well in advance The admission process could have been better streamlined and it would have been more desirable of the state to have sought participation of all the boards after obtaining the entire data which was required for taking the decision” .

The Chief Justice, on his part, said the state not only got its policy all wrong, it even contradicted its own stand. Kumar relied on the wikipedia definition of percentile and said it “will be a misnomer and misapplication to apply the percentile formula to candidates falling under different and distinct categories” .

He frowned on the unnecessary haste of the state to bring in the policy change. “Every policy of the government is expected to be framed on prudent principles, should be free of arbitrariness and essentially be published in larger public interest while satisfying the criteria of Constitutional mandate of Article 14 (right to equality),” he said.

Kumar also said that the petitioner’s father had demonstrated how the rule of merit was defeated. The petitioner, an ICSE student, was superseded by 60 students with lesser marks than his in the admission list.

The Chief Justice found that the state contradicted itself while defining ICSE students as “more privileged’ ‘ and said it was an inappropriate expression “to be used by the might of the state” .

In the present case as well, except for a bald allegation by the state that they are different boards, no material has been placed on record to establish distinction between courses, marking, syllabus and process of teaching, the CJ added, holding that the “the reason of liberal marking and privileged students relating to any board other than SSC board are arguments of frustration.”

27 Aug 2008, 0523 hrs IST,TNN

http://timesofindia.indiatimes.com

 

HC orders release of Ansals’ passports

http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=6ce9b4b8-e40b-49ac-b429-7e10b0b85a83&ParentID=f735abb8-c0f0-48a0-a621-329392a63802&&Headline=HC+orders+release+of+Ansals’+passports

The Delhi High Court on Monday ordered the release of passports of Sushil Ansal and Gopal Ansal, the owners of Uphaar cinema hall, who were sentenced to two years imprisonment in the Uphaar fire tragedy case.

The court, however, asked Ansals to inform the High Court Registrar about their trip to abroad and the itineraries before they leave the country.

The passports are presently deposited with the Registrar as the appeal filed by Ansals and other convicts are pending before the High Court.

Justice HR Malhotra also made it clear that in case the Ansal brothers wish to visit abroad for more than a month they have to seek the court’s permission.

At least 59 people were killed due to asphyxia following a fire that broke from the transformer during screening of a Hindi movie ‘Border’ eleven years ago.

Meanwhile, the court also granted bail to two of the hall managers, NS Chopra and Ajit Chowdhary, but denied bail to three DVB employees and the cinema hall gate keeper.

A court here had on November 23, 2007 sentenced Sushil Ansal along with his brother Gopal Ansal to two-year jail term for causing death by their negligent act. The Ansal brothers, however, have been granted bail in the case.

Seven others — Radha Krishan Sharma, NS Chopra, Ajit Chowdhary (Uphaar managers), Manmohan Unniyal (cinema’s gatekeeper), Brij Mohan Satija, AK Gera and Bir Singh (all DVB officials) — held guilty for culpable homicide not amounting to murder, were awarded seven years rigorous imprisonment.

The other three, convicted for offences similar to that of Ansal brothers, were also given two years’ jail term each but were granted bail.

 Press Trust Of India

New Delhi, May 19, 2008

First Published: 22:33 IST(19/5/2008)

 www.hindustantimes.com

 

Don’t raze ancient mosques: HC to AMC http://timesofindia.indiatimes.com/Ahmedabad/Dont_raze_ancient_mosques_HC_to_AMC_/articleshow/3410064.cms

AHMEDABAD: Gujarat High Court, on Tuesday, once again restrained Ahmedabad Municipal Corporation (AMC) from demolishing parts of two ancient mosques near Astodia gate in a bid to widen the road.

Admitting a public interest litigation (PIL) by Sunni Awami Forum demanding protection of the early 16th century architectural marvel Rani Sipri and 480-year-old Siraji Saiyed Masjid, known as Khajuriwali Masjid, a division Bench comprising acting Chief Justice MS Shah and Justice DH Waghela directed the forum to make a representation before the Archaeological Survey of India (ASI) to include the Khajuriwali Masjid as a protected monument under the ancient monument Act. The court has also directed the ASI to act on the application by the forum within four months.

The Rani Sipri Masjid is a declared protected monument by the ASI. When AMC initiated the road widening process of the stretch between Victoria Garden and Astodia Gate last year, there was a massive protest from citizens as the AMC proposed to demolish the boundary wall of the Rani Sipri mosque as well as a part of the Khajuriwali Masjid, standing on the opposite of the road.

The forum filed a PIL in the high court dragging the AMC, ASI and other concerned authorities to court, and the high court as per the ASI norms stopped the demolition of structures in 200 metres radius from the Rani Sipri mosque.

However, the issue of Khajuriwali Masjid remained unsolved , as it doesn’t feature in the list of AMC’s heritage list. Hence, the court has asked the petitioner to request the ASI to include this mosque in its protected monuments’ list, said advocate Mukul Sinha.

27 Aug 2008, 0710 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Is water ‘food’ ? HC to decide

http://timesofindia.indiatimes.com/Ahmedabad/Is_water_food__HC_to_decide_/articleshow/3410061.cms

AHMEDABAD: Can water be considered as food? This issue is to be decided by Gujarat High Court in a criminal complaint by a water pouch making company from Gondal town of Saurashtra.

A small water pouch production unit named New Ganga Packaging owned by Mukesh Hingrajiya and a vendor, Hasmukh Patel, both from Gondal, have approached the HC with this strange question citing legal provisions. The government has also cited a certain notification, under which water can be treated as food, for booking a person under the Prevention of Food Adulteration Act.

As per the case details, in December 2003, a health inspector of Gondal municipality collected 34 water pouches from Patel and sent them to a public analyst for testing. The report said that the content inside the pouches and material printed on it didn’t match. So the officer filed a complaint before the chief metropolitan magistrate in Gondal against the two for misbranding the water pouch.

However, Hingrajiya and Patel claimed that they could not be tried under the Food Adulteration Act sincethe law exempts water and drugs, and sought their names to be discharged from the case. But, the metropolitan court dismissed their application in 2005 and decided to go on with the criminal trial.

The owner-vendor duo approached a sessions court in May 2006, but lost the case in December 2007. Aggrieved by this, both of them have moved the HC through advocate Tushar Sheth involving the state government as well as the ministry of health & family welfare of the Union government . In their petition, the duo has claimed that under Section 2 (V) of the Prevention of Food Adulteration Act, 1954, food means any article used for human consumption other than drugs and water. So, water is excluded from the definition of food. Hence, the lower court has erred by considering packaged drinking water as food.

On the other hand, the government has cited a notification dated March 21, 2001, by which packaged drinking water is included in food. However, the petitioners have claimed that the notification itself was illegal, for, it was totally contrary to the Act and the government had not even made any amendment in the law before issuing such notification.

Urging the HC to consider the legality of the 2001 notification, the petitioners have sought direction to the lower court to terminate criminal proceedings against them. After hearing Sheth and the government , Justice AS Dave has admitted the petition and stayed proceedings in the Gondal court against the two till it reaches a conclusion on the issue. 27 Aug 2008, 0713 hrs IST, Saeed Khan,TNN

http://timesofindia.indiatimes.com

 

 

HC Bar Association lawyers refuse to defend blast suspects

http://www.hindu.com/thehindu/holnus/002200808271522.htm

Jaipur (PTI): Lawyers affiliated to the Rajasthan High Court Bar Association here have declared that they will not represent any of the suspects in the Jaipur serial blasts case.

“About 3,500 bar lawyers are united and have pledged that they would stay away from cases related to such heinous crime,” Association president Madhav Mitra said on Wednesday.

The Association took the decision after Shahbaz Hussain, one of the alleged masterminds of May 13 serial blasts that killed 68 people, was arrested in Lucknow on August 26 and produced in a local court here on Tuesday.

The District Bar Association and the Jaipur Bar Association have also called up meetings to discuss the issue, sources said.

Wednesday, August 27, 2008

 www.hindu.com

No relief for NSUI candidates from HC http://timesofindia.indiatimes.com/Delhi/No_relief_for_NSUI_candidates_from_HC/articleshow/3411669.cms

NEW DELHI: The Delhi High Court on Wednesday dismissed a petition filed by NSUI candidates challenging rejection of their nomination papers in Delhi University Students Union (DUSU) election.

Justice G S Sistani rejected a plea of three NSUI candidates, who contended that Chief Election Officer had wrongly rejected their nomination papers and there was ambiguity in the form itself.

“Reading of the form shows no ambiguity and election process is going on. So this is not a fit case for the court to interfere,” Justice Sistani said while dismissing their petition.

The petitioners — Tanupriya Gupta, Bhavana Gera and Deepka Deshwal — had contended in the petition that their nomination papers were rejected due to the fault of their Principals and Heads of Departments in verifying it and that they should be allowed to apply afresh.

27 Aug 2008, 1310 hrs IST,PTI

http://timesofindia.indiatimes.com

 

HC asks police to produce girl on father’s plea

http://timesofindia.indiatimes.com/Delhi/HC_asks_police_to_produce_girl_on_fathers_plea/articleshow/3411500.cms

NEW DELHI: The Delhi High Court has directed the city police to produce before it a minor girl on the plea of her father who accused his former wife of trying to take away the girl to Canada.

Sayda Afshan Rehman, former wife of the petitioner, was detained by the Foreign Residents Registration Office (FRRO) on August 23 after it was found that she was illegally staying in the country along with her 7-year-old daughter.

The girl’s mother, a Pakistan national who has obtained Canadian citizenship, and her daughter are presently under the custody of Delhi Government’s observation home “Nirmal Chhaya”.

The Court direction came following a petition filed by Jawed Zia, an Indian, seeking court’s direction restraining FRRO from deporting his daughter to Canada.

Issuing notice to FRRO and the In-Charge of Nirmal Chhaya, a Division Bench of Justice Vikramjit Sen and Justice V K Shalli asked the police to produce the girl before it on August 28.

Zia submitted that he got married to Syeda in 1995 and the family shifted to Singapore as he was working there. Two children – a daughter and a son – were born out of their wedlock.

During their stay abroad their marriage turned sour, Zia said and added that his wife obtained Canadian citizenship. Thereafter, she along with the children returned to India and stayed separately from the in-laws in Bangalore.

Claiming that during their stay in Bangalore his parents had to bear the entire expenses, Zia said the divorce petition was moved in a family court and in an interim order the court had granted the boy’s custody to him and the daughter’s custody to his wife. 27 Aug 2008, 1242 hrs IST,PTI

http://timesofindia.indiatimes.com

 

 

Set up Women grievance redressal cell: Kerala HC

http://www.expressindia.com/latest-news/Set-up-Women-grievance-redressal-cell–Kerala-HC/354071/

 

Kochi, August 27: Kerala High court directed that women grievance redressal cells in

work places should be constituted in all Cooeprative societies and private establishments in the state.

Justice Thothathil B Radhakrishnan issued the direction while disposing of a petition by P P Uthuppan of Kothamangalam.

The court said the guidelines in the Vishaka case issued by the Supreme court has to be complied with in the workplace by all institutions and it was not confined to government, Public sector or individual establishments. It applies in full force in Cooperative societies and other establishments also, the court pointed out. ‘The quality of womanhood does not change by the place where she works”, the court observed.

The Vishaka case refers to the protection of human rights. Any guideline by the government in the form of Government order or by Registrar of Cooperative socities touching the subject shall also be duly applied.

The court directed the Registrar of Cooperative Society to ensure appropriate circular containing general directions and incorporate the guidelines prescribed by the Supreme Court in the Vishaka case.

Agencies

Posted online: Wednesday, August 27, 2008 at 05:20:39
www.expressindia.com

 

Woman cannot be debarred from maintenance after divorce: HC

http://www.expressindia.com/latest-news/Woman-cannot-be-debarred-from-maintenance-after-divorce–HC/354093/

Allahabad, August 27: In a significant judgement, the Allahabad High Court on Wednesday ruled that a woman was entitled to claim maintenance from her former husband even if she had earlier agreed not to do so by way of a compromise.

Passing the judgement, Justice M K Mithal set aside the order of family court at Kanpur of January 18, 2005 in which the application of Manorama, seeking maintenance from her former spouse, was rejected on the ground that they had reached a compromise in the civil suit by which the wife had accepted a lumpsum amount and agreed not to claim any maintenance in future.

The court also turned down the husband’s plea that Manorama be debarred from claiming maintenance on the ground that she had, at the time of granting of divorce by mutual consent, agreed not to claim maintenance.

“The right to claim maintenance under section 125 of the criminal procedure code is a matter of public policy and not of an individual. In such circumstances, the right to claim maintenance cannot be waived by mutual agreement,” the court observed.

Moreover, it added, “any contract which is opposed to public policy is void and thus inspite of any such agreement, the wife cannot be debarred from claiming maintenance until she remarries and is able to maintain herself.”

Posted online: Wednesday, August 27, 2008 at 08:24:21
Agencies

www.expressindia.com

 

Attend courts on time, HC Chief justice tells judges http://www.ptinews.com/pti/ptisite.nsf/0/AB65ACE8E3320CCE652574B20055C4F6?OpenDocument

Chennai, Aug 27 (PTI) Madras High Court Chief Justice A K Ganguly today said he had received complaints that some judges in labour and district courts were not conducting proceedings on time and asked them to refrain from this practice as it badly affects the justice delivery system.
“I have authentic reports that certain judges of labour and district courts are not sitting on time, causing loss of precious time. They are not available in courts on time. This is a crime against society,” he said, inaugurating the 11th additional city civil sessions court for CBI cases and third additional labour court at the High Court premises here.

“It is the duty of the judges to be in the court during court hours. I appeal to the judges to be in courts on time,” he said, adding that the judges should use their judicial powers for the benefit of the people.

He also appealed to lawyers not to resort to strikes as it chocked the judicial system on which a lot of people depend for their livelihood.

Tamil Nadu Minister Law Minister Durai Murugan said the state government was ready to allocate more funds for the improvement of infrastructure of courts.

“We have already sanctioned Rs 100 crore this year for th purpose. The government is willing to sanction more number of CBI and labour courts in the state,” he added.

PTI

www.ptinews.com

 

Cash-at-door judge identified: Counsel

http://timesofindia.indiatimes.com/India/Cash-at-door_judge_identified_Counsel/articleshow/3409346.cms

CHANDIGARH: In what has caused a huge flutter among legal circles, UT senior standing counsel Anupam Gupta dropped a bombshell in the cash-at-judge’s-door scam on Tuesday and said he is “compelled” to say that a judge is involved in the murky controversy and that the identity of the judge has been established.

“It is a clear case for prosecution of a judge under Prevention of Corruption Act,” he said, as those present in court heard him out in stunned silence. “Though the stage might not have come, the only thing left is to take prior permission from the CJI.”

This came even as the court of judicial magistrate (first class) Mahesh Kumar declared that the application moved by UT police seeking police remand for former Haryana additional advocate general Sanjiv Bansal and co-accused Rajeev Gupta, whose names figure prominently in the sordid affair, has been declined.

The court added that Bansal and Gupta be sent to judicial remand instead till September 4 and that they be produced before the special court at the time of the case’s next hearing.

The UT’s investigating officer, ASP (central) Madhur Verma, had moved an application seeking a 10-day remand for both the accused.

27 Aug 2008, 0123 hrs IST,TNN

http://timesofindia.indiatimes.com

 

CJI sets up 3-judge panel to go into `cash-at-judge door` scam

http://www.zeenews.com/articles.asp?aid=464832&sid=REG

New Delhi, Aug 27: Taking a serious view of the ‘cash-at-judge door’ scam in Chandigarh, Chief Justice of India K G Balakrishnan has constituted a three-judge committee to go into it even as a parallel CBI has been recommended.

Justice Hemant Lakshman Gokhle (Chief Justice of Allahabad High Court), Justice K S Radhakrishnan (Chief Justice of Jammu and Kashmir High Court) and Justice Madan B Lokur (Delhi High Court) will probe the incident in which Rs. 15 lakh was taken by the clerk of a senior Haryana law officer to the residence of a judge of Punjab and Haryana High Court.

Later it turned out that the money was meant for another judge. Justice Nirmal Yadav of the Punjab and Haryana High Court last week recused from judicial work after her name surfaced during the interrogation of the three accused in connection with the case. She is now now on leave.

Meanwhile, Punjab Governor S F R Rodrigues, who is also Chandigarh Administrator General has recommended a CBI probe into the scam after consultations with High Court Chief Justice Tirath Singh Thakur, a report from Chandigarh said.

“After receiving a report from Chief Justice Tirath Singh Thakur of the Punjab and Haryana High Court, the CJI constituted the committee comprising two chief justices and a judge of the High Court as he felt that deeper probe was needed in the alleged scam,” apex court sources said.

Justice Thakur had also met CJI and discussed the matter in which the name of a sitting judge has surfaced in the scam, the sources said.

He said no deadline has been fixed for the submission of the report and the inquiry by the committee will not come in the way of the investigation of the case by the police.

Bureau Report

www.zeenews.com

 

Maharashtra Home And Police Depts Joginder Kumar Compliance Orders

http://ipc498a.wordpress.com/2008/08/25/maharashtra-home-and-police-depts-joginder-kumar-compliance-orders/

The last order in issued by former CJI, Justice MN VENKATACHALLIAH, in joginder Kumar Vs State Of UP directed the DGPs of all states to issue the necessary orders for compliance.

The Protect India Family Foundation filed a bunch of RTIs and were able to get the Maharashtra Govt to produce the orders issued by the then DGP and Dpty Home Secy (Home) to comply with the orders issued by the most hon’ble former CJI.

Here they are:

This is yet another circular uncovered by PIFF.

In this circular, the police pretty much come up with their own rules, in defiance of the directives of the Supreme Court on the arrest of women.  Using the justification outlined in this circular, corrupt cops can categorize grandmothers, mothers and innocent sibling as “unscrupulous females” and arrest them. Justice AN Mulla* was so right about the nature of the Indian police force !

Here is the circular: Mumbai Police Circular On Arresting Women – 2004

Inspite of these orders, the Maharashtra police have been arresting innocents and subjecting them to threats, intimidation, illegal detention and extortion in 498A cases.

They are prima facie guilty of contempt of court.

*Justice A N Mulla had once commented, ” I say it with all sense of responsibility that there is not a single lawless group in the whole country whose record of crime is anywhere near the record of that organized unit which is known as the Indian Police Force.”

http://ipc498a.wordpress.com

Heather Mills faces legal action

http://sify.com/movies/hollywood/fullstory.php?id=14745860

Former Beatle Sir Paul McCartney’s ex-wife Heather Mills is facing legal action from a civic council over her failure to remove a large marquee from her garden.

Mills is believed to have erected the tent at her $6.4 million (3.2 million pounds) home in East Sussex, England, for her 40th birthday party in January this year, reports Contactmusic.com.

The structure has remained in place ever since, prompting some of her neighbours to lodge objections with government officials.

The district council ruled in favour of the neighbours and signed an enforcement order in May in a bid to force Mills to take down the marquee, but the tent has yet to be removed.

Officials have now set Mills a deadline to get rid of it or they will take her to court.

“She has now been given a compliance date of September 20 to have the structure removed. If it is not done by that time we can start legal proceedings,” said a council spokesman.

Monday, 25 August , 2008, 11:16

IANS

http://sify.com

 

 

HC makes no comment on earlier order
http://www.assamtribune.com/scripts/details.asp?id=aug2508/at05

GUWAHATI, Aug 24 – The Gauhati High Court order delivered by a Division Bench comprising Chief Justice J Chelameswar and Justice Hrishikesh Roy on August 14, 2008, has in fact made no comment on the observations made in the July 25, 2008 judgement passed by the court of Justice BK Sharma. However, certain circles here are misinterpreting the August 14 judgement of the Division Bench, which stayed the deportation of 18 suspected Bangladeshi infiltrators, as a total negation of the July 25 order passed by Justice Sharma’s court. It needs mention here that the July 25, 2008 judgement by Justice BK Sharma, while ordering deportation of 50-odd Bangladeshi nationals, made a number of observations on the dimensions of the Bangladeshi infiltration..

In its order, the Division Bench clearly noted that “…We make it clear that by this observation we are only trying to ensure a fair trial to the appellants but not expressing any view on the observations made in the judgement (of Justice Sharma).”

It may be recalled that Justice Sharma’s hard-hitting order gave a grim picture of the cross-border infiltration from Bangladesh, stating that illegal Bangladeshis had become “kingmakers” in Assam. It had also pulled up the police and civil authorities for the easy manner in which infiltrators get access to vital documents like passports, enabling them to enrol their names in the voters’ list.

The reason behind the staying of the deportation of the 18 suspected Bangldeshis, as stated by the Division Bench, was to ensure that “each one of the appellants be given an opportunity to adduce such evidence before the Tribunal to establish their case. However, having regard to the nature of the dispute and also the fact of which this court can take judicial notice of in view of an affidavit filed on behalf of the Union of India in Sarbananda Sonowal Vs Union of India & (2005-5 SCC 665) that a large number of illegal Bangladeshis do exist in the State of Assam and also the chequered history of the law dealing with the identification and deportation of illegal migrants, we deem it appropriate that the deportation of the appellants herein be stayed pending further order by this court.”

The division bench took into cognizance the plea of the 18 appellants that their counsels did not appear before the Tribunal at the relevant point of time and produce the appropriate evidence before the Tribunal in defence of their claims that they were not foreigners but Indian citizens.

The observations of the division bench was made it clear that it gave an opportunity to the appellants to produce evidence to establish their case, as they were not adequately represented in the Tribunal by their erring lawyers.

Staff reporter

www.assamtribune.com

 

Know our Political Leaders – Courtesy PIL on Sharad Pawar & His Wealth – A report

http://purefriendship.sulekha.com/blog/post/2008/08/know-our-political-leaders-courtesy-pil-on-sharad.htm

My dear friends,
Our Indian Politics have nourished many political bigwigs with all the power, status, wealth & prosperity.
Our Political leaders from various parties irrespective of regional or National Politics have accumulated the wealth & status within short time after retaining power to rule State / Central Government.
Here is a startling report on our great leader from Maharashtra who has played the kingmaker role in Indian politics.
Yes it is none other than our Sharad Pawar of NCP whose tenure of 6 times as Member of Parliament, Chief Minister, and Cabinet Minister Roles at the center, Chief of BCCI and many roles prospered him for generations.
Thanks to certain P.I.L which brought some highlights on Pawar’s wealth for common citizen’s references.
The formal statement he has filed before the Election Commission on oath indicates that Pawar is so poor that he might barely manage to buy a mid-size flat in one of the slightly better neighbourhoods of Delhi.
He is worth just Rs 3.6 crores.

Even a casual chat with Pawar-watchers in mumbai, Pune and Baramati leaves one bedazzled at the Pawar wealth machine. Tales abound about thousands of acres of land, real estate deals, IT parks, corporate hubs, family trusts and nepotism.
His wealth is the stuff that legends, and jokes, are made of…
He has hidden this wealth well. As a senior Marathi journalist in Mumbai, who preferred the security of anonymity, pointed out, no one is willing to expose him.
He has money and money buys ‘friends’, in media, in industry, and across po­litical divisions.
At the heart of this ‘phenomenon’ is what some people describe as a ‘lust’ for land, mostly agricultural land whose price can go up as much as 300 times when converted to non-agricultural land in the semi-urban areas of Maharash­tra, particularly in the vicinity of Mumbai and Pune. Land has played a considerable role in the controversies that have dogged Sharad Pawar, from the time he was accused of de-r­eserving 285 plots in Mumbai so that they could be sold to industrial houses when he was chief minister.
A recent PIL (Public Interest Litigation) has alleged illegal allotment of land by Maharashtra Krishna Khore Vikas Mahamandal (Ma­harashtra Krishna Valley Development Corporation, MKD­VC) over a period of years to benefit the Pawar clan.

Land is not bought directly. Once it has been purchased by a front man (or through a power of attorney taken from the farmer selling the land), an obliging state government starts to build infrastructure in the area. Prices skyrocket; and the land is either sold or used for construction.

Satish Magar built MagarpattaCity in the Hadapsar area of Pune’s outskirts.
It is a spectacular IT and corporate hub built on what was once farmland.

A second developer, Aniruddha Deshpande, is one of the promoters of Lavasa hill station, a lifestyle hill resort be­ing advertised by Lavasa Corporation Limited as “Free In­dia’s largest hill station”.
Among the promoters, till recently, were Pawar’s daughter Supriya Sule and son-in-law Sadanan­da, who is a legitimate businessman; they jointly owned sub­stantial shares in Lavasa Corporation. The Sules withdrew from the project in 2006.

The project is being developed professionally by some of the best names in big business like Hindustan Construc­tion Company (HCC) of Ajit Gulabchand, the Avanta Group of Gautam Thapar, Venkateshwara Hatcheries, Aniruddha Deshpande and Vithal Maniar, according to the Lavasa web­site.
Deshpande and Maniar are close associates of Pawar.
Maniar is an industrialist and a trustee in Vidya Pratisthan, the educational institute chaired by Pawar.

The Pratisthan was started by Pawar in 1972 and now has its own ‘Vidya Na­gari’, a campus comprising schools, colleges and hostels in Baramati, Pawar’s constituency, and is run by a trust.

If Pawar has powerful supporters, he also has detractors ready to accuse him of impropriety.

PIL No. 148 of 2006 was filed in Bombay High Court by Shamsundar Haribhau Potare of Baramati.
It alleges that in 2002 Lavasa was illegally given 141.15 hectares of KrishnaValley land at a time when Pawar’s nephew Ajit Pawar, a min­ister in Maharashtra government, was chairman of MKVDC.
It accuses Ajit Pawar and Ramraje Naik Nimbalkar, another minister and MKVDC chairman after Ajit Pawar, of nepo­tism.
According to the PIL, apart from Lavasa, land was ille­gally given to the following:

»Vidya Pratisthan of Baramati, an educational institute of which Pawar is chairman, received 1.45 hectares and 13.1 hectares in Baramati.

» Anant Smriti Pratisthan of Baramati (named after Pawar’s broth­er and Ajit Pawar’s father Anant), received 2.1 hectares in Bara­mati and one hectare in Pune.

» Sharadchandraji Scout and Guide Training Centre, Baramati was allotted 3 hectares of land.


The PIL’s primary allegation is that MKDVC leased out around 528.7 hectares of land, a substantial part of which went to Pawar and his people at an incredibly low price.
To give an example, Lavasa was allotted 141.15 hectares of land at a monthly rent of Rs 22,928 for a lease period of 30 years for the project. That is around Rs 275,136 a year, and a little over Rs 82 lakhs in 30 years, chicken-feed when compared to the money involved in Lavasa and the profit to be made from it.

The PIL also says that KrishnaValley land is not meant for commercial use, but Lavasa is purely a commercial ven­ture, and that the land was disposed of illegally, without in­viting tenders.

Significantly, in March this year, the Bombay High Court said that the charges levelled against Pawar and others in the PIL were serious and could not be ignored.

Sources say that Lavasa, on the banks of WarasgaonLake in MoseValley had its germination around the year 2000 in Pearly Blue Lake Resort Private Limited, in which Anirud­dha Deshpande was director.

Located in the heart of the Sahyadri mountains, MoseValley gets its name from the river flowing through it and offers a spectacular view of the neighbouring mountains. About 200 km from Mumbai and 65 km from Pune, the val­ley has the potential to develop as a prime tourist location. It is also one of the main sources of Pune’s drinking water, with the Khadakvasala dam on Mose river having a live capacity of 11.5 TMC (thousand million cubic) feet, almost as much as Pune needs in a year. Lavasa is being accused of diverting part of that water for its own purpose by building its private dam with a capacity of 1 TMC.

Pearly Blue Lake Resort Private Limited re-emerged as Lake City Corporation Private Limited and then Lavasa Cor­poration Limited.
The original and principal shareholders in Lavasa Corporation Limited included Aniruddha Desh­pande, Pawar’s daughter Supriya Sule, son-in-law Sadananda Sule, Vithal Maniar and Venkateshwara Hatcheries Limited.

The Sules withdrew from Lavasa soon after a January 2006 Times Of India report drew attention to the fact that the Congress-NCP government had worked overtime to issue clearances to the lake city project.

Lavasa of course is much more than the 141 hectares of disputed KrishnaValley land.
The hill station is being built in an area that earlier had 17 villages.
Critics say that most of the land was acquired from farmers at a rate of Rs 1,000 to Rs 10,000 an acre; the current going rate would be approxi­mately Rs 1 crore an acre.
Villagers are not allowed to visit what was once their ancestral land.
It is said that the Maha­rashtra government has seized 200 acres of land which be­long to farmers who have run away or gone missing. The government is now leasing out this land to Lavasa.
The road to Lavasa is being developed with government money, but naturally.

Water plays a central role in any development, so is it a matter of coincidence that Sharad Pawar’s nephew Ajit has been controlling Maharashtra’s water for almost a decade in different capacities, and particularly as water resources minister?

Currently, though his water resources portfolio excludes Krishna Valley Irrigation Corporation, he is at the centre of the Lavasa controversy as he was the chairman of MKDVC from December 1999 to December 2004.

Pune city is fortunate to have enough water, permitting large-scale development; and when there is large-scale con­struction activity, politicians are never far behind.

Take the 117.52 km long ‘Ring Road’ that is being built around Pune to decongest city traffic.
As many as 15 town­ships are being planned adjacent to this road. Each of these approximately 100-acre townships will have anything be­tween 10,000 and 15,000 flats, and a 1,000 sq ft flat can cost up to Rs 30 lakh in such areas.
The builders involved are part of a coterie surrounding the powerful politicians.

Land is also ‘bought’ through power of attorney and de­ velopment agreements; at least 5,000 acres of farmland have been purchased in Pune’s neighbourhood in different plots.
The ‘power of attorney’ scheme also serves to hide the identity of any­one seeking a benami purchase.

Other projects include Amano­ra Park Town, whose launch was an­nounced last year by Aniruddha Desh­pande’s City Corporation. Spread over 400 acres of land at Hadapsar and adja­cent to MagarpattaCity, Amanora will have apartment blocks, school, hospi­tal, market and the other parapherna­lia that have become the norm for lux­ury townships.

NandedCity is being built by the farmers of Nanded village about 20 km from Pune. Satish Magar is the promot­er of this 700-acre project and is plan­ning to replicate the MagarpattaCity model at Nanded. Roha in the Konkan area too has had its share of ‘development’.

“Pawar owns property all over the world, right from Cal­ifornia to India and beyond,” asserts Sambhajirao Kakade, erstwhile MP from Baramati, a former president of state Ja­nata Dal and now a Congress leader.
He has no proof for such an allegation, which may be provoked by political enmity.
The Kakade family has known the Pawars right from the time Pawar’s father Govindrao came from Satara to settle in the vil­lage of Katewadi near Baramati and owned a mere three-and-half acres of land.
But discontent is evident even in Pawar’s stronghold, the sugar industry, much of which is concentrated in western Ma­harashtra.
According to the latest CAG report on Maharash­tra’s sugar industry, the state has 202 co-operative sugar facto­ries, out of which 116 factories are loss-making. Of these, till June 2006, 74 factories have had a negative net worth, and 31 factories have had to face liquidation between 1987 and 2006.
Seventy per cent of these co-operatives are controlled by Pawar and his party NCP.
Corruption is rampant in the sugar industry, and the CAG report criticises both the state govern­ment and the commissioner of sugar for their inability to take action against the boards of directors of these factories.
The sugar factories offer many ways of making money,
right from making false entries when weighing the sugar being sold to tak­ing commissions while deciding from whom machinery or other purchases, including that of land, will be made.
Satish Kakade, a former director of So­meshwar sugar factory in Baramati talu­ka, has many tales of corruption to nar­rate, including how 14,500 gunny bags of sugar were declared to be of poor quality by the chairman of the board and sold off. He has filed a complaint to the sugar commissioner of Maha­rashtra citing 38 instances of corrup­tion at Someshwar factory alone.
The poor health of the industry, however, has primarily to do with pol­icy. Sugar factories are being expand­ed into unprofitable by-product orient­ed ventures like ethanol, cogeneration, distillery, bio-gas etc.

To give an example, Baramati talu­ka’s Malegaon sugar factory (estimat­ed worth Rs 35 crores), is now being dragged into a cogeneration scheme that will cost Rs 72 crores.
At Malega­on factory, Ranjan Taware is one of the directors and heads the farmers’ panel that lost the recent sugar co-operative election to the NCP. He says that facto­ries like Malegaon with a crushing ca­pacity of 640,000 tonnes of sugarcane in the 160-day season are not being able to get their supply from their own farm­er members primarily because farmers are not growing sugarcane. So these factories are turning to outside farm­ers for 55% of their raw material. But expanding into a co-generation project means that the factory will need a sup­ply of eight lakh tonnes of sugarcane every season from its farmer members, a quantity that the farmers cannot pro­vide. Because of poor choice of fertil­isers, the land is turning saline and is losing its fertility. Sugarcane yield too has come down to 28-30 tonnes per acre from 50-60 per acre. “From where will we get the sugarcane for such proj­ects?” asks Taware. The loans that these factories are taking are impacting the farmers whose discontent is not taken into account by those in authority.

As for ethanol, factories were en­couraged to venture into ethanol by successive state and Central govern­ments without taking into account the impact this biofuel can have on food prices. Farmers were assured that the oil companies would buy the ethanol produced in these factories at about Rs 17.50 a litre. But when it came to buy­ing the ethanol, the oil companies of­fered the farmers a price of Rs 15 or so. The farmer’s profit margins went down and he started shying away from etha­nol. Leaving controversies about etha­nol aside, the bottom line is, this too proved to be an area where policy fal­tered in front of reality.

As a result, factories like Jawahar in Ichalkarangi, Adinath in Karmala of Solapur, Vasantdada in Sangli have gone into heavy debts.

The common consensus in west­ern Maharashtra is that this will have a direct impact on sugar prices in the country, sooner rather than later. In­dia depends on Maharashtra for about 45% of its sugar.

Pawar can hardly escape the blame for the situation that prevails in his own backyard.

A visit to Baramati taluka and town, about 100 km from Pune, gives one an idea of the extent of the Pawar control, influence and the ability to achieve something if he wants to. Six-time MP from Baramati, Pawar has transformed his stronghold from a sleepy smaller-than-a-small-town to a wannabe hub of commerce, in­dustry and edu­cation. It is an achievement anyone could be proud of.
The highway from Pune to Ba­ramati offers a smooth ride through the barren and inhospi­table Western Ghats. It is sugarcane country. The approach road is dominated by bullock carts carrying towering bundles of sugarcane to factories. On both sides are pucca houses that were once mud huts. The town, prosperous and posh in parts, is witnessing a building boom and comes complete with wide metalled roads, dividers, street lights and a plethora of colour co-ordinated buildings — even the police station is light apri­cot, Baramati’s ‘theme’ colour. Amidst this, pride of place is occupied by Pawar’s Vidya Pratisthan.
The Pratisthan started off with an English medium school in 1973, and now, in a sprawling and leafy 120-acre campus called Vidya Nagari, runs a variety of schools and colleges teaching everything from law, information technology and engineering to biotechnology. The MagarpattaCityPublic School in MagarpattaCity is also run by Vidya Pratisthan as also two hostels in Pune city. It is a mammoth venture and at­tracts students from outside Baramati as well. Even Pawar’s biggest detractors admit that the education provided here is good and that merit counts, not donations.
Baramati has given Pawar mythical stature; his relation­ship with the grassroots is awesome.
He is said to remember by name every person he meets even once.

The less-than-gentle joke in Maharashtra is that Sharad Pawar “Saheb” has enough personal wealth to run Delhi for five years. 


Subbu
Courtesy : web sources http://www.covert.co.in/150508/sharad.htm

© purefriendship., all rights reserved

Aug 23 2008

http://purefriendship.sulekha.com

 

Sunil Jain: Who is the government batting for?

http://www.business-standard.com/india/storypage.php?autono=332440

RATIONAL EXPECTATIONS

While the battle between Mukesh and Anil Ambani over the supply of 28 mmscmd (million metric standard cubic metres a day) of natural gas from Reliance Industries Ltd’s (RIL’s) Krishna-Godavri Basin gas continues in the Bombay High Court, the government stance on it is getting more and more suspect. In the last two years, there have been at least three instances, the last of which just a few days ago, of the government actively stepping in on Mukesh Ambani’s side to ensure RIL does not have to meet its obligations to sell this gas at previously contracted prices. But first, some quick facts of the matter.

  “In 2003, the government-owned NTPC floated a tender asking for potential suppliers of 12 mmscmd of natural gas for its proposed power plants at Kawas and Gandhar for a period of 17 years. RIL won the bid when it quoted $2.34 per mmbtu (million metric British thermal units), edging out several global suppliers. Later, towards the end of 2005, RIL unilaterally modified the terms and conditions of its agreement with NTPC — for instance, instead of having unlimited liability for non-supply of gas to NTPC, this was capped. NTPC refused to accept this and filed a case in the Bombay High Court asking that RIL be made to honour its original commitment.

   “Since the NTPC deal happened at around the same time, in early 2004, it was agreed that RIL would supply 28 mmscmd of gas to Reliance Energy’s 7,480 Mw Dadri power plant on the same commercial terms at NTPC (at that time, the Reliance empire had not been divided); when the family split took place, this was put into the family agreement, which was ratified by RIL’s 2 mn shareholders as well as by the court. Later, when the demerger was taking place, Anil Ambani alleged RIL, which controlled all the group companies (including the ones he got finally), unilaterally changed some of the clauses, on liability for instance, though the price and the quantity of gas to be supplied remained the same. Anil Ambani went to the Bombay High Court and in October 2007, while ruling in his favour, the court asked both sides to re-work the contentious clauses in the contract within four months keeping in mind that the family settlement was the base document.

  “RIL appealed this and one of the arguments being made is that the family settlement was signed by Mukesh as a member of the Ambani family and not by RIL. While the arguments are going on, the court suggested last week that perhaps the Ambanis’ mother be asked to step in again to broker another peace.

  “Such is the state of the government’s support to NTPC that while Anil Ambani has got a stay preventing RIL from selling what he says is his share of the gas and has won one round in court, the NTPC case is proceeding at a snail’s pace.

Now for the government’s complicity. Under the Production Sharing Contract (PSC) that any oil/gas prospector has with the government, a certain part of the gas/oil has to be given to the government. So, in May 2006, RIL sent a letter to the Ministry of Petroleum and Natural Gas, headed by Murli Deora, asking it to approve the Anil Ambani contract. The ministry rejected this on the grounds the price had not been arrived at through a competitive bid. While this ensured RIL could not legally sell gas to Anil Ambani, the decision was faulty since the government’s concern is only its share of revenue — that is, Mukesh could give the gas to Anil for free as long as he gave the government its share on the basis of the market price. As for that, since the contract had the same commercial terms as the NTPC one, it was actually competitively bid (see “What Murli’s actions mean,” 31/7/2006).

On June 25 this year, an Empowered Group of Ministers came up with its recommendations on a gas utilisation policy for the country, or a priority list of which industries should get gas first and which last. This mouthed generalities for other gas projects but had detailed guidelines for RIL’s KG Basin gas. Among others, the gas utilisation policy ensured that neither NTPC nor Anil Ambani’s Dadri project will get gas from RIL (see “Amar Singh’s right, mostly,” 21/7/2008)! It’ll be interesting to see what happens if Anil Ambani wins the Bombay High Court case. Perhaps the government will say that while the EGoM made its recommendations, these had not been accepted. Perhaps that’s where Anil Ambani’s friend Amar Singh’s new-found clout will come in handy?

And last Thursday, during the course of the court case, the government lawyer TS Doabia (a retired judge) told the court that NTPC did not have a ‘concluded’ deal with RIL! In other words, he single-handedly destroyed NTPC’s case before the same Bombay High Court which, by the way, was supervised and is being argued by the country’s solicitor general. After all, if NTPC doesn’t have a “concluded” deal with RIL, it can’t be asking the latter to supply it gas on terms agreed to in 2003, when oil prices were a fraction of what they are today. It remains to be seen if NTPC will be allowed to contradict this statement and what bearing it will have on its own case against RIL. But one thing is clear, despite 17 years of economic reforms under Dr Manmohan Singh, the days of neutral government are still quite far away.

Sunil Jain / New Delhi August 25, 2008, 1:01 IST

www.business-standard.com

Nabard chief’s appointment challenged in High Court

http://www.financialexpress.com/news/Nabard-chief-s-appointment-challenged-in-High-Court/352885/

 In a significant development, regulator-cum-refinance agency National Bank for Agriculture and Rural Development (Nabard) chairman Umesh Chandra Sarangi’s appointment has been challenged by a Nabard official in the Uttarakhand high court. The petitioner has argued that Sarangi’s appointment is illegal and should be cancelled forthwith.

Sarangi, who is a senior IAS officer of the Maharashtra cadre, took over as the Nabard chairman on December 3 last year for a three-year term. The petition filed by a middle ranking Nabard officer has prayed that a new chairman be appointed as Sarangi’s selection took place after sidelining the names of those empanelled by the selection committee. Sarangi’s name was reportedly included in the eleventh hour and was later accepted by the Centre.

The petitioner has made the central government, Nabard and Sarangi as defendants. The Uttarakhand high court has set the hearing in the matter for September.

Sarangi confirmed this development and told FE: “The petitioner has challenged my appointment as Nabard chairman. The Centre and I have been made parties to the petition and we are in the midst of preparation of our reply. The case is slated for hearing in September.”

Nabard sources said that this is for the first time since its inception in 1983 that an appointment of chairman has been challenged in the court of law. Sources did not rule out the possibility of the involvement of certain vested interests within the organisation behind this move.

Sarangi’s appointment has been challenged at a time when Nabard is currently involved in the implementation of the Centre’s ambitious debt-waiver programme for small and marginal farmers across the country. As reported by FE, Nabard has initiated several measures to provide liquidity to co-operative banks and regional rural banks (RRBs) that are short of cash following the farm loan relief package.

Of the Rs 71,000 crore package, these banks together settled outstanding debt amounting to over Rs 35,400 crore. Since they depend on recovery of dues to finance fresh lending, the banks are complaining of cash constraints in disbursing fresh loans.

Nabard suggested a refinance budget of Rs 21,500 crore in 2008-09 against Rs 18,432 crore last year. The cooperative banks will be allocated Rs 5,491 crore, while each RRB will get Rs 60 crore. The Maharashtra state co-operative banks will get a share of Rs 330 crore.

Sanjay Jog
Posted online: Monday , August 25, 2008 at 00:20 hrs
www.financialexpress.com

 SC ruling on Gridco- A beneficial blow for electricity reform
http://economictimes.indiatimes.com/News/News_By_Industry/SC_ruling_on_Gridco-_A_beneficial_blow_for_electricity_reform/articleshow/3400963.cms

NEW DELHI : Reputation, it has been remarked, is no more than a bubble which man bursts when he tries to blow it for himself. But a blow can be hugely beneficial as well, meant to fundamentally change and reshape the status quo.

The Supreme Court, for instance, has delivered a major blow for power sector reforms, in unreservedly upholding the position of the Grid Corporation of Orissa ltd (Gridco) on the issue of electricity tariffs.

The ruling would pave the way for nominally power surplus utilities to evacuate and sell electricity at reasonable prices pan-India , and at rates which are very much in line with average local and national tariffs. Yet the very reasonableness of such tariffs was the issue.

In its judgement of August 13, the apex court has also set aside the negative ruling of the Appellate tribunal for electricity (Aptel), which had necessitated the appeal by Gridco. As the Aptel order had maintained , almost two years ago, Gridco buys power from generators at an average cost of Rs 1.10/Kwh and sells the surplus power to the Power trading corporation (PTC) within the range of Rs 4.61 to Rs 4.81/unit.

It added that in case the tendency is encouraged , it would defeat the spirit of competition and that power will never be available to consumers at judicious rates. So what was mandated was that Gridco sell power to PTC at Rs 1.10/Kwh
plus a maximum trading margin of no more than 4 paise per unit as set by CERC, the central electricity regulator.

Gridco is a corporate entity mandated in Orissa to carry out bulk supply of power. The Aptel ruling seemed totally oblivious of the fact that local electricity tariffs in, say, Bhubaneswar, are already Rs 4.50/unit for those consuming over 100 units per month, but less than 300 units. And that’s only the energy charge.

There are additional monthly charges as well. It is not even the case that power tariffs in Orissa were somewhat unusual . In neighbouring Andhra Pradesh, for instance , the regulated tariffs for consumers using less than 300 units are of a similar range, of Rs 4.50/unit. So in calling for Rs 1.10+4 paise for inter-state power, the Aptel order clearly erred on the side of caution, and rather excessively so.

To see how illogical it is, consider the proposition of asking coal pit-head thermal generators to execute interstate sales at, say, 65 paise per power unit. It would seem plain absurd. Remember also that the cost of pit-head power can be as low as 60 paise per unit, and that existing power producers and distributors do not need a license for power trading.

Clearly , the Aptel order, in calling for cut-price rates, was confusing actual costs with regulated prices!
In a scenario of widespread power shortages, regulating tariffs and margins are quite desirable, so as to avoid sheer profiteering. However, a rigid regulatory approach may well short-circuit the still fledging national market for electricity and overtly discourage power exchange.

Given that the power sector is hugely capital intensive, the lack of reasonable rates and margins can stultify trading and dispatch. With the opportunity cost (read the real cost of output foregone) is definitely closer to Rs 4.50/unit than to Rs 1.10/unit, plus a maximum of 4 paise trading margin, the Aptel order clearly and quite needlessly made electricity economics stand on its head.

Thankfully, the apex court ruling has now set aside the tribunal’s order and upheld the stance of Gridco. Also notable is the reasoning in the Supreme Court’s ruling. Gridco’s electricity transaction is not even seen as inter-state sale. As the ruling observes, the contract was concluded in Orissa and the transmission loss was to be borne by a separate entity, PTC.

Further, it is stated that under Rule 9 of the Central Electricity Rules, 2005, there is no restriction on the licensee effecting sale or re-sale in the same state and no separate license is needed. Besides, the court adds, there was no agreement to “take out the electricity” as was inferred by the Aptel order, now been set aside.

The larger issue, which the court has deliberated upon, is the following: when there is a case of sale and re-sale involved of goods—power is a commodity— ”there is nothing in the transaction from which springs a bond between the sale and the intended export linking them up as part of the same transaction.”

The ruling adds that “knowledge that the goods purchased are intended to be exported does not make the sale and export parts of the same transaction , nor does the sale of the quota with the sale of the goods lead to that result.”

Hence it can be well inferred that the position that Gridco is profiteering from evacuating nominally surplus power is plain incorrect. It remains to be seen whether cross-country power exchange, still tiny in proportion to overall generation, would now take off.

The trading margin, of a ceiling of 4 paise/unit, needs to be fixed as a percentage of total tariffs and, simultaneously, wheeling charges rationalised . About time, surely.

25 Aug, 2008, 0414 hrs IST,Jaideep Mishra, ET Bureau

http://economictimes.indiatimes.com

 

 

No respect for our judiciary

http://www.dnaindia.com/report.asp?newsid=1185293

In the exercise of its contempt power, the Delhi High Court did not do enough to punish the senior lawyers, RK Anand and IU Khan, while convicting them for obstructing administration of justice by trying to influence an eyewitness in the BMW hit-and-run case. They got away with an indulgent punishment of four-month bar on appearing before the court and a recommendation that they be stripped of their senior counsel designation. I have not read the entire judgment, but one thing is sure that this was a case of somebody misusing their professional services and flouting their legal obligations.
These senior lawyers tried to subvert the cause of justice for the benefit of their client and to profit from it. This is a deplorable case of malpractice and called for the most severe form of punishment.

There is a crisis of character in our country. All limbs of the criminal justice system — be it the judiciary or the police — have failed to take action against their own. The failure to self-regulate does not augur well for the system. As an institution, the criminal justice system should command the respect of society.

What defence do the guilty lawyers have? The evidence is there on tape. Sting operations are legitimate as long they do not employ illegal means. The people crying foul against such media activism either have something to hide or fear that they could one day be a victim of one such sting.

Now, the forums vested with the power to take corrective measures should do their duty. The chief justice of the concerned high court should have stripped the gentlemen of their senior counsel designations. The Bar Council of India, which is the regulatory authority of the legal profession, is yet to act. Under the Advocates Act it can expel lawyers. I hope it will exercise its power.

Mahesh Jethmalani is a senior counsel. He spoke to Anshika Misra

Anshika Mishra

Saturday, August 23, 2008  21:51 IST

www.dnaindia.com

 

HC bans plastic bags in all city markets

http://newsofuse.wordpress.com/2008/08/24/hc-bans-plastic-bags-in-all-city-markets/

NEW DELHI: In a major step towards tackling the plastic menace, the Delhi high court on Thursday extended the ban on plastic bags to all markets in the city. Since hotels, hostels and shopping malls have already been declared no-plastic zones, the new order, if strictly enforced, will significantly reduce the use of this ecologically hazardous material.

The court also asked the Delhi government to increase the minimum permissible thickness of plastic bags from 20 microns to 40 microns and ordered the closure of all illegal recycling units in the city with immediate effect.

A bench headed by Justice T S Thakur, responding to a PIL by Vinod Jain of an NGO, Tapas, asked the city government to consider the recommendations of the Justice Chopra committee. The panel, comprising Delhi Pollution Control Board chairman J K Dadoo, Central Pollution Control Board chairman J M Mauskar and retired judge R C Chopra, had sought the use of virgin plastic in place of recycled plastic, a ban on small plastic pouches and getting plastic manufacturers to set up a state-of-the-art recycling unit.

While the government representatives chose not to talk about the order, saying they hadn’t received a copy of the judgment, petitioner Jain said this was the first step in completely phasing out plastic bags from the city.

“The court has banned the bag at all places where it is used the most. The only setback at this point appears to be the lack of a deadline for implementing the ban. The government may take forever with this order,” he said.

Experts, however, point to another huge problem that may occur after the order on closure of illegal recycling units is enforced. Delhi recycles about 1.2 million tonnes of plastic a year of which about 90% is done illegally, say industry insiders. In the process, the industry uses up about 50% of the city’s plastic waste. At present, Delhi has no other mechanism for handling its waste and most of it finds its way to sewers and the Yamuna. As one expert asked, “Once the illegal units are shut, what is to happen to all this waste?”

“Delhi Pollution Control Committee does not have sufficient staff for such an operation,” a government official said. “Till some time back, DPCC did not even have a clear idea of the extent of illegal plastic recycling taking place in the city. The collection mechanism was based largely on ragpickers. While the order is good for the city, the government needs to plan out its course of action before implementing the order in a hurry.”

8 Aug 2008, 0424 hrs IST,TNN

http://newsofuse.wordpress.com

Donate rice to get bail:HC
http://www.newindpress.com/NewsItems.asp?ID=IET20080824020310&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0

MADURAI: Four men charged with smuggling rice meant for distribution through fair price shops, were granted anticipatory bail by the Madurai Bench of the High Court on Friday, on condition that they donate rice to homes for the aged.

Selliah, Sethu and Gajendran of Madurai and Vailankanni David of Dindigul were arrested when they were attempting to smuggle PDS rice by lorry. The lorry was also seized. All four men filed pleas before the Madurai Bench seeking bail.

Justice T Suthanthiram directed Vailankanni David and Gajendran to purchase 250kg of rice from the open market and donate it to Anbalaya, home for the aged, in Sellamanthadi, near Dindigul. Selliah and Sethu were directed to donate 500kg of rice each to Anbagam, home for the mentally challenged, in Madurai, from the open market. On this condition, they were allowed to go on bail.

Sunday August 24 2008 02:03 IST

Express News Service

www.newindpress.com

 

HC lays down guidelines for adoption cases
http://timesofindia.indiatimes.com/Chennai/HC_lays_down_guidelines_for_adoption_cases/articleshow/3397739.cms

CHENNAI: Show enough sensitivity while handling adoption-related cases, accord due respect and courtesies to adoptive parents, do not conduct such proceedings in open court along with other criminal or civil cases, complete all court formalities in four months, and specify the date of birth of the child.

These are among the guidelines laid down by the Madras High Court for district judges hearing adoption-related cases.

Justice K Chandru, passing orders at the Madurai bench of the court, also said: “District judges must realise that they are dealing with the future of a child, and must show sufficient care and promptness.” He was disposing of a writ petition filed by a parent who had sought the birth certificate for his adopted child.

Wondering why such a simple petition was pending for 17 months, justice Chandru stipulated that district courts should not take more than four months to decide on adoption applications. The court could hear such matters in the judges’ chambers or during special timings, he said, adding that they not be heard in open court.

He lamented that district judges do not show special attention to such cases and said that adoptive parents are made to attend courts frequently.

“Instead of bringing cheers, frequent adjournments add misery to parents who require strength and support from all concerned in their unique endeavour,” he said.

Noting that even the infant child is made to be brought to court at every adjournment, the judge said the child should be ordered to be produced in court only once during proceedings.

“The adoptive parents must be treated with respect and due courtesies must be shown to them. It must be understood that they are not litigants in adversarial proceedings before the court,” he said.

Justice Chandru also asked the district judges to indicate the date of birth of the adopted child and made it clear that all authorities must accept the date for all practical purposes. The judge then accepted April 23, 2004, as date of birth of petitioner B Selvaraj’s adopted child Yogitha alias Vidyalakshmi.

24 Aug 2008, 0055 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

Unsafe for women in sari to ride pillion: HC

http://timesofindia.indiatimes.com/India/Sari_ban_for_pillion_riders_in_Kerala/articleshow/3397973.cms

THIRUVANANTHAPURAM: If a suggestion by the Kerala high court is acted on, sari may soon be prohibited for women riding pillion on two wheelers in India. The court has mooted the restriction in the interest of road safety and asked the Central and state governments to consider changes in the Motor Vehicles Act.

A division bench comprising Justice C N Ramachandran Nair and Justice V K Mohanan, was hearing an appeal filed by a woman who met with an accident when a truck hit the bike on which she was riding pillion. Disposing of the compensation plea filed by Susamma Thomas of Kollam district, the court said women riding pillion in a sari was dangerous as its loose end could get entangled in the wheels.

The bench observed that the sari would make it difficult for women to sit astride on the rear. Considering road safety, it is better that women sit with their legs on either side while riding pillion on two wheelers, the court said and called upon the Central and state governments to consider changes in the Motor Vehicles Act.

It also asked the authorities to ensure that not more than one child is carried by two adults on a two wheeler. “More load would make the vehicle unstable and cause mishaps,” the bench said.

Motorcycle manufacturers should also be instructed upon to provide handgrips behind the driver seat and footrests for the passenger sitting behind, the bench added. The HC also noted that there was no scheme whereby insurance coverage could be provided to a pillion rider.

24 Aug 2008, 0311 hrs IST, Ananthakrishnan G ,TNN

http://timesofindia.indiatimes.com

 

HC encroached on our powers: BCI

http://timesofindia.indiatimes.com/Delhi/HC_encroached_on_our_powers_BCI/articleshow/3398006.cms

NEW DELHI: India’s apex regulatory body for lawyers, Bar Council of India (BCI) joined issue with Delhi High Court on Saturday and termed its decision to bar senior advocates R K Anand and I U Khan from practising for four months as an encroachment on its power.

Even though it steered clear of commenting on the merits of the case, BCI, led by its chairman Suraj Narain Prasad Sinha sought setting aside of the verdict, predicting it would set a wrong precedent vis a vis debarring of lawyers from practice. “As far as the merit of the judgement is concerned, we are not bothered… our stand is with regard to the powers encroached by the HC in directing the two senior advocates not to appear in HC and its subordinate courts for the next four months,” Sinha said.

BCI also distanced itself from the one-day strike call given by various district bar associations and emphasized that “BCI is not in favour of strike. According to SC, the strike is applicable only in exceptional cases.”

“Even the BCI will take strict action if they are found guilty but encroachment of power of the Council is not acceptable,” BCI member advocate Ram Avtar Gupta said and denied receiving a copy of the HC judgement. When asked what action is the regulatory body planning to take against Khan and Anand now that HC had held them guilty for “obstruction of justice”, Sinha pointed out that it was state bar council, Bar Council of Delhi (BCD) which was still examining the issue. “If the disciplinary proceedings were not finally concluded within one year by the state Bar Council, the matter will be transferred to the BCI,” the Chairman said.

Interestingly, for all its indignation at what it sees as HC’s “transgression”, even the BCD has made little progress in its proceedings against the guilty duo. Last year, days after Anand’s “sharp practices” were exposed via a private TV channel’s sting operation, the capital’s apex regulatory body also took suo motu cognizance and slapped show cause notices, demanding an explanation from Anand and Khan why action shouldn’t be taken against them.

The then chairman had constituted a three-member fact finding committee which sought replies from both top lawyers. Since then the case is lumbering along in the preliminary stage (while HC has come out with its verdict) where members of BCD are trying to establish prima facie guilt of the accused. Only once the members are convinced that charges stick with Khan and Anand’s case be forwarded to the disciplinary committee for start of proper trial against them.

Speaking to TOI, BCD chairman K K Manan said the case against both lawyers was proceeding at a normal pace and HC had no right to debar the duo. “Even HC took more than a year in arriving at its verdict as these things take time. R K Anand has to appear before us on August 29 to present his arguments,” Manan maintained.

abhinav.garg@timesgroup.com

24 Aug 2008, 0343 hrs IST, Abhinav Garg,TNN

http://timesofindia.indiatimes.com

 

Mangalore: KKSV to Challenge High Court Verdict on Baba Budangiri Issue

http://www.daijiworld.com/news/news_disp.asp?n_id=50185&n_tit=Mangalore%3A+Baba+Budangiri+-+KKSV+to+Sue+HC+Verdict

Mangalore, Aug 24: The Karnataka Komu Souharda Vedike (KKSV) will challenge the high court verdict on the Baba Budangiri issue, said K L Ashok, general secretary, KKSV. 

Addressing the media here on Friday, August 22, he said, ‘KKSV will go to the Supreme Court questioning the high court verdict which is against history, law, and justice.’ Ashok said that the KKSV will also organize a public awareness movement on the Baba Budangiri issue.

C N Shetty, president, KKSV district committee, Suresh Bhat, vice-president, and Muhammad Kakkinje, secretary, were also present.

Daijiworld Media Network – Mangalore (TU)

www.daijiworld.com

COAI in dilemma, whether to challenge HC verdict

http://economictimes.indiatimes.com/News/News_By_Industry/Telecom/COAI_in_dilemma_whether_to_challenge_HC_verdict/articleshow/3399781.cms

NEW DELHI: Stung by outright rejection of GSM operators’ petition challenging government’s policy on dual technology and revised spectrum allocation norms, the COAI is in dilemma whether to challenge the Delhi High Court’s verdict to larger Bench or wait for telecom tribunal TDSAT’s verdict.

The members of the Cellular Operators Association of India (COAI) are examining the Delhi High Court’s judgement and a decision would be taken in a day or two, sources close the development said.

COAI had questioned the events of October 18 and 19, 2007, and said that the Department of Telecom had shown undue haste and hurry in which an in-principle approval was given to Reliance Communications for offering GSM services.
This was, however, rejected by the Delhi High Court in its judgement last week.

“Prima facie, it cannot be held that the decision of the government confers any unfair advantage to any particular person and consequently the submission that the government has disturbed the level playing field has to be rejected,” Justice Gita Mittal had said in the judgement.

A senior official in the DoT said that it was strange on part of the GSM lobby to question government’s act as the spectrum was first allocated to the existing GSM operators in various circles and this was also presented in the TDSAT last week. DoT counsel had said that spectrum was allocated in orderly manner and existing players have been beneficiary of this

24 Aug, 2008, 1720 hrs IST, PTI

http://economictimes.indiatimes.com

 

Corpn gets HC notice on two roadside temples http://timesofindia.indiatimes.com/Chennai/Corpn_gets_HC_notice_on_two_roadside_temples_/articleshow/3398319.cms

CHENNAI: Two pavement temples – both “badly affecting pedestrian movement and free flow of traffic” on NSC Bose Road in Parrys Corner area – have been brought under judicial scrutiny. Both of these structures have been provided with electricity and telephone connections, says a public interest writ petition filed by Traffic K R Ramasamy.

The first bench comprising chief justice A K Ganguly and justice F M Ibrahim Kalifulla, admitted the petition, and ordered the Chennai Corporation to file its response within three weeks.

The petitioner, who has filed several PILs to decongest the George Town area in the past, now seeks a direction to the Chennai Corporation commissioner and secretary of the municipal administration department to demolish the temples and ensure free movement of pedestrians and vehicles.

While the first temple is located just adjacent to the main gate of the Madras high court, the other is located on the Armenian Street-NSC Bose Road junction.

A godown has been constructed on the rear side of the second temple , said the petitioner.Ramasamy, referring to the details obtained from the civic authorities following an application under the Right To Information (RTI) Act, said the competent official of Zone II had given a reply confirming that both the structures were encroachments.

Also, officials have issued eviction orders under Section 362 of the Madras City Municipal Corporation Act 1919, and on July 7, the civic body had issued a demolition order, Ramasamy said.

24 Aug 2008, 0747 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

 HC raps SP for dismal performance http://timesofindia.indiatimes.com/Chennai/HC_raps_SP_for_dismal_performance/articleshow/3398333.cms

CHENNAI: Seventeen “unnatural deaths” within the limits of one police station, that too during a single calendar year. And, all the cases were closed as “undetected.” This is the report card of Adhiyamankottai police station in Dharmapuri district for the year 2002.

Expressing shock and concern at the “very sorry state of affairs” in Dharmapuri district , the Madras High Court has pulled up the superintendent of police for having stated in a “very casual manner that all the cases were undetected , by simply approving the report submitted by an inspector .”

Justice K K Sasidharan was passing the orders on a writ petition seeking a direction to the Thadangam police station to register a case in respect of a murder and to transfer probe to the CB-CID.

The matter relates to an “unnatural death” of one Munusami, who was a witness to two murders committed by a gang which enjoyed the support of a local inspector of police. Apprehending danger to his own life, Munusami had sent representations to the deputy inspector-general of police, Salem range, and other higher officials.

Munusami told the police that one Saravanan was murdered by the gang and that it was not just a case of “unnatural death.”

Ironically, Munusami himself was found dead in November 2004 under mysterious circumstances. Police conducted post-mortem and buried the body even before victim’s son or other relatives could reach the place. According to the police, he died due to severe alcohol poisoning.

His son filed the present writ petition, seeking a direction for registration of a first information report and transfer of probe to the CB-CID.

Justice Sasidharan, citing the counter-affidavit filed by the superintendent of police, said: “It reveals a very sorry state of affairs inasmuch as there were 17 cases of unnatural deaths reported before the Adhiyamankottai police station in the year 2002 alone and all these cases were treated as undetected or referred to on other grounds.”

Referring to the mystery death of Saravanan, the judge said that despite there being a specific allegation by Munusami that it was a murder and that he was witness to it, the police was silent about the investigation to ascertain whether it was murder or not.

Highlighting the need for a sense of social duty and social commitment on the part of police personnel, Justice Sasidharan said: “New concept of home policing or police at your door step and launching of mobile police station will not serve the purpose unless the police make changes in their very outlook and approach issues with a sense of social responsibility.”

Cautioning the police against driving the aggrieved towards kangaroo courts presided over by musclemen in localities concerned, the judge said police were at liberty to register a criminal case and investigate it in accordance with law.

subramani.a@timesgroup .com

24 Aug 2008, 0733 hrs IST, A Subramani,TNN

http://timesofindia.indiatimes.com

 

 

 

Daily Legal News 27.08.08

Protection Of Women From Domestic Violence Act, 2005 — A Recipe For Broken Marriages And Relationships
http://www.ebc-india.com/practicallawyer/index.php?option=com_content&task=view&id=8753&Itemid=1
The Domestic Violence Act, 2005 giving protection to women from domestic violence is a step in right direction. By including the unmarried sisters, mothers, widows, etc. in the list of women facing domestic violence the Act has ensured full proof protection to the harassed women. But the main problem has always been the reticence of women not voicing their protests and complaining and not the law. The mindset of the women has to change.
While the intention of the Domestic Violence Act is laudable, the Act itself is draconian and very harsh on men. Following are some of the dangerous flaws in the said Act.
Section 32(2) says that “upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of Section 31 has been committed by the accused.”
By treating the victim’s testimony as gospel truth without any need for corroboration it has virtually empowered all women to punish men at their will. This is very dangerous for innocent men. As it is the rape, adultery and dowry laws are already skewed in favour of women. And now this Act would leave the men with absolutely no remedy against the erring women who would lodge false complaint. All she has to do is to go to the court/police, register the case and the husband will be right behind bars in a jiffy.
Chapter IV Section 17 makes the “right of residence” a powerful tool in the women’s hands whether or not she has any title in the household.
By including the divorced wives, former girlfriends and live-in partners in the list of women facing domestic violence this Act has enough leeway for women to misuse the law. Why should a divorced wife who has legally separated in the court of law and who has also received proper alimony, should have any right in the husband’s household? This is an open invitation for conniving women to harass innocent men. And why should live-in partners and girlfriends be included in the list since these are not legally recognised relationships in India. Now, any woman will get into a relationship with men and demand their right in the household? Also, an adulterous woman can abuse her husband or in-laws and threaten them of false domestic violence but she cannot be thrown out of the house as per the Act. She could even bring her paramour/lover to the house and the husband or in-laws can’t do a thing about it.
Chapter II Section 3 of the Domestic Violence Act defines domestic violence as actual abuse or threat of abuse—physical, verbal, emotional or economic.
While physical and economical abuse can be proved it is almost impossible to prove verbal and emotional abuse, which could result in women registering false cases as they won’t have to prove anything (they don’t have to prove anything anyway). And why not add spiritual abuse, philosophical abuse, educational abuse, etc. under domestic violence? Section 18 allows the Magistrate to protect the women from acts of violence or even “acts that are likely to take place” in the future and can prohibit the respondent from dispossessing the aggrieved person or in any other manner disturbing her possessions, entering the aggrieved person’s place of work or any other place that the abused women frequents….This means that the husband and his family (parents, sisters, etc.) must leave their own house as the Act does not allow them to come to a place where the aggrieved women stays or frequents. But she gets to stay in their house (and may be with her lover). Wow! Moreover, how can the future (imaginary?) acts of violence (acts that are likely to place) can be considered for punishment is beyond comprehension. Why pre-empt such dangerous thing.
Chapter III Section 4 of the Act says that the information regarding an act or acts of domestic violence does not necessarily have to be lodged by the aggrieved party but by “any person who has reason to believe that” such an act has been or is being committed. Which means that neighbours should take initiative on behalf of the victim.
“Why should any person who has reason to believe that such act has been committed” be allowed to register a complaint just on his/her belief? What about authentic proofs and evidence? It also means that even a wife’s paramour/lover can now file a complaint on her behalf. Isn’t this great! It has also been found that in the event of altercation the police generally arrests the husband and the in-laws. This arbitrary decision of the police to favour the daughter-in-law is a newfound ethics, to protect the rights and liberalisation of the women and it violates the principles of natural justice. Law should take its own course to punish the guilty whoever it might be.
The important flaw in the Act is inclusion of live-in partners or any sexual partners [Chapter I Section 2(a)].This automatically gives legitimacy to live-in relationship. Isn’t this unfair for legally wedded wives? Won’t the promiscuous husbands now take advantages of this bill?
There are many such howlers in the Domestic Violence Act. The Domestic Violence Act, under the garb of protecting harassed women, has now actually become a powerful tool in the hands of women to harass men and strip them off all their rights. The Act will actually worsen the domestic problems leading to breakdown in marriages as women will now be tempted/encouraged to go to courts/police after trivial fights or heavy fights happening in the heat of the moment. The Act discourages women to rectify their mistake. The Act not only gives sweeping powers to females but also takes away all the rights of men. While it imposes a lot of responsibility on men, it gives lot of rights to women who misuses the law?
While domestic laws are enacted to save the poor female, there have been many cases where many cunning unscrupulous women have misused these laws to their advantages. For example, the misuse of Section 498 meant to protect women from cruelty and dowry harassment. There have been cases where women were incited by the family members to take revenge to settle family disputes by registering false cases. Such gags of extortioning money from innocent men and to wreck vengeance will now grossly misuse the Domestic Violence Act that is made to protect women. By making a one-sided Act, wives, live-in partners will now be tempted to use it against their husbands/partners.
Feminists would aver as to why a women would file a case if she is happy in the marriage. But that would be like saying that men are under mercy of women. If wives or live-in partners are not happy for whatever trivial reasons, they can now turn the table on their husband by filing false cases irrespective of whether any violence occurred or not. Gender partisanship is wholly out of place in the cases of domestic violence. Tweaking the way the law is interpreted in such a way so as to diminish responsibility for one sex or the other could have mortal consequences for poor men. Domestic violence is too grave a matter to be an area where the radicals can show off how feminist they are. And at present domestic violence is a feminist issue. For the courts and women organisations, it is a matter of obvious mistruth that women cannot commit domestic crimes or that women cannot register false rape cases.
Why shouldn’t men also have protection against domestic violence? Why can’t the same factors attributed to men for harassing their wives can also be attributed to women? There are numerous cases of male harassment and a study of physical and verbal abuse of men by women will bring out a clear picture. Suicide rate of men in India goes up by almost 50% after marriage due to emotional abuse.
The Komolikas, Pallavis, Kaaveris, Jigyaasas, etc. of India would relish the Domestic Violence Act, 2005 and the Act gives a lot of scope for corrupt lawyers and bribes for police, NGOs and politicians to make lots of money. The innocent men, women, children, etc. will only get discriminated against.
Let there be strict laws for domestic violence and strict punishment for guilty and abusive men but let there not be biased laws heavily in favour of women that would only end in broken marriage and relationship. The Domestic Violence Act needs immediate and complete overhaul.
by Dr. Minal M. Bapat*
www.ebc-india.com
Role of Public Prosecutor as defined by International Guidelines and International & National Jurisprudence
http://practicallawyer.ebc-india.com/index.php?option=com_content&task=view&id=8398&Itemid=1
In Indian criminal justice system, the role of a Public Prosecutor, though of immense importance, has always been shrouded in controversy. Allegations varying from corruption to deliberate withholding of important witnesses have been flung at them. One of the main reasons for such controversial image of Public Prosecutors is the fact that there is much confusion about their duties and responsibilities. Police, the accused and the victim all have totally different and conflicting beliefs about what role a Public Prosecutor is supposed to play. For example, according to police, the main duty of a Public Prosecutor is to get the accused convicted. According to the accused, the main role of the Public Prosecutor is to make available to the accused any legitimate benefit that he is entitled during the trial even if the defense counsel has overlooked it. According to the victim, a Public Prosecutor is her/his “avenging angel” and will get her/him justice at any cost. Looking at these varying and totally at variance interpretations, it is not difficult to reach the conclusion that one of the biggest obstacles in way of efficient performance of the Indian prosecuting machinery is confusion clouding the minds of Public Prosecutors themselves regarding what role they are supposed to play.
This paper analyses various national and international judicial pronouncements and international guidelines on role of a Public Prosecutor and on the basis of these tries to give a judicially and legally accurate picture of responsibilities and duties of a Public Prosecutor. This paper is divided in five parts. Part I describes role and responsibilities of Public Prosecutor as defined by international guidelines. Part II elaborates on role and responsibilities of Prosecutor as explained by jurisprudence of different common law countries following an adversarial system. Part III illustrates how Indian judiciary has interpreted the role and responsibilities of a Public Prosecutor. Part V is the conclusion. The paper, on the basis of this analysis, concludes that role of the Public Prosecutor is not to single-mindedly seek a conviction regardless of the evidence and a Public Prosecutor has to play role of a “minister of justice” who should place before the court all evidence in her/his possession, whether in favour of or against the accused.Role of Public Prosecutor as interpreted by international law and guidelines
There are various international guidelines elaborating upon the role of Public Prosecutors. The most important of these are “United Nations Guidelines on the Role of Prosecutors” (adopted by the United Nations during the United Nations Congress on the Prevention of Crime and Treatment of Offenders in Havana in 1990), “Recommendation 19 (2000) on the Role of Public Prosecution in the Criminal Justice System”, adopted by Council of Europe in 2000 and general standards entitled the “Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures”, formulated by the International Association of Prosecutors in 1999.
The United Nations Guidelines on the Role of Prosecutors (abbreviated as “UNG” from herein) require Prosecutors to perform their duties fairly, impartially, consistently, protecting human dignity, upholding human rights and avoiding all political, social, religious, racial, cultural, sexual or any other kind of discrimination1. The use of prosecutorial discretion, when permitted in a particular jurisdiction, must be exercised independently and should be free from political interference2. In order to ensure the fairness and effectiveness of prosecution, prosecutors must strive to cooperate with the police, the courts, the legal profession, public defenders and other government agencies or institutions3. Corollary to requirements of fairness and impartiality is the condition that prosecution should not be initiated or every effort to stay proceedings should be made where an impartial investigation shows the charge to be unfounded.4 Providing a corollary to this, the International Association of Prosecutors (abbreviated as “IAP” from herein) standards provide that criminal proceedings should be proceeded with only when a case is well founded upon evidence, which is reasonably believed to be reliable and admissible5. When Prosecutors come into possession of evidence against suspects that has been obtained through recourse to unlawful methods, which constitute a grave violation of the suspect’s human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they are under a duty to refuse the usage of such evidence6. The Prosecutors are also required to take proper account of the position of the suspect and the victim, pay attention to all relevant circumstances, and disclose all relevant evidence irrespective of whether it is to the advantage or disadvantage of the suspect7. The Prosecutors must act objectively and also remain unaffected by individual or sectional interests and public or media pressures. They must have regard only to public interest8.
The States are also under a duty to ensure that Prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability9. The States are further required to provide reasonable conditions of service to Prosecutors, adequate remuneration, and where applicable, tenure and pension10. Moreover, the promotion of Prosecutors should be based on objective factors, in particular professional qualifications, ability, integrity and experience, and decided upon in accordance with fair and impartial procedures11. If in a State, non prosecutorial authorities have the right to give general or specific instructions to Prosecutors or right of directing the institution of proceedings or right to stop legally instituted proceedings, such instructions should be transparent, consistent with lawful authority and subject to established guidelines to safeguard the actuality and the perception of prosecutorial independence12. The Council of Europe recommendations goes further and states that instructions not to prosecute in a specific case should in principle be prohibited. Should that not be the case, such instructions must remain exceptional and be subjected to transparency and appropriate control13. The Council of Europe recommendations also state that Public Prosecutors should account periodically and publicly for their activities as a whole and, in particular, about the way in which their priorities are carried out14.Role of Prosecutor as interpreted by law of other countries
In United States, the duty of a Public Prosecutor or other government lawyer is to seek justice, not merely to convict15 and to see that justice is done16. Rule 3.8 of the Model Rules of Professional Conduct formulated by the American Bar Association lays down that the Prosecutor in a criminal case shall refrain from prosecuting a charge that the Prosecutor knows is not supported by probable cause and make timely disclosure to the defense of all evidence or information known to the Prosecutor that tends to negate the guilt of the accused or mitigates the offense and in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the Prosecutor, except when the Prosecutor is relieved of this responsibility by a protective order of the tribunal17.
In Harry Berger v. United States of America18, Mr Justice Sutherland, delivering the opinion of the Court said that: (US p. 88)
“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. [She/]he may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much [her/]his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.”
The Supreme Court of Canada has also elaborated upon role of Prosecutor in R. v. Boucher19 by saying that:
It cannot be over-emphasised that the purpose of a criminal prosecution is not to obtain a conviction; it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel has a duty to see that all available legal proof of the facts is presented: it should be done firmly and pressed to its legitimate strength, but it must also be done fairly. The role of Prosecutor excludes any notion of winning or losing; her/his function is a matter of public duty than which in civil life there can be none charged with greater responsibility. It is to be efficiently performed with an ingrained sense of dignity, the seriousness and the justness of judicial proceedings. 20
According to New Zealand Law Society’s Rules of Professional Conduct although the Prosecutor is an advocate, he or she must prosecute “dispassionately and with scrupulous fairness” 21. The New Zealand courts have explained that the Crown’s duty is to present its case fairly and completely, and to be as firm as the circumstances warrant, but the Crown must never “struggle for a conviction”.22 They have further said that it is “quite impermissible” for a Prosecutor to attempt to persuade the jury by factors of prejudice or emotion and that the Prosecutor is neither the lawyer for the victim, nor a lawyer for the police. He or she acts on behalf of the community, and has a responsibility to ensure that justice is done in a fair and balanced way23.
The Canadian jurisprudence has also interpreted the role of a Prosecutor by laying down that a Prosecutor’s responsibilities are public in nature. As a Prosecutor and public representative, Crown counsel’s demeanor and actions should be fair, dispassionate and moderate, show no signs of partisanship24, open to the possibility of the innocence of the accused person and avoid “tunnel vision” 25. It is especially important that Crown counsel avoid personalising their role in Court26. The Canadian Supreme Court has further very strongly held that although Crown counsel work closely with the police, the separation between police and Crown roles is of fundamental importance to the proper administration of justice27.Role of Prosecutor: interpretation by Indian judiciary
Despite the fact that the Public Prosecutor is appointed by the State, her/his sole aim is not to seek a conviction. The Indian courts have interpreted the role of Prosecutor as “minister of justice” who should place before the court all evidence in her/his possession, whether in favour of or against the accused. The role of the Prosecutor is not to single-mindedly seek a conviction regardless of the evidence. The Indian judiciary has interpreted role, responsibilities and duties of prosecution as follows:
1. An ideal Prosecutor must consider herself/himself as an agent of justiceThe ideal Public Prosecutor is not concerned with securing convictions, or with satisfying departments of the State Governments with which she/he has been in contact. He must consider herself/himself as an agent of justice28. The Allahabad High Court had ruled that it is the duty of the Public Prosecutor to see that justice is vindicated and that he should not obtain an unrighteous conviction29.2. There should not be on part of a Public Prosecutor “a seemly eagerness for, or grasping at a conviction”The purpose of a criminal trial being to determine the guilt or innocence of the accused person, the duty of a Public Prosecutor is not to represent any particular party, but the State. The prosecution of the accused persons has to be conducted with the utmost fairness. In undertaking the prosecution, the State is not actuated by any motives of revenge but seeks only to protect the community. There should not therefore be “a seemly eagerness for, or grasping at a conviction” 30.3. A Public Prosecutor should not by statement aggravate the case against the accused, or keep back a witness because her/his evidence may weaken the case for prosecutionThe only aim of a Public Prosecutor should be to aid the court in discovering truth. A Public Prosecutor should avoid any proceedings likely to intimidate or unduly influence witnesses on either side. There should be on her/his part no unseemly eagerness for, or grasping at, conviction29.4. A Public Prosecutor should place before the Court whatever evidence is in her/his possessionThe duty of a public Prosecutor is not merely to secure the conviction of the accused at all costs but to place before the court whatever evidence is in the possession of the prosecution, whether it be in favour of or against the accused and to leave the court to decide upon all such evidence, whether the accused had or had not committed the offence with which he stood charged.31 It is as much the duty of the Prosecutor as of the court to ensure that full and material facts are brought on record so that there might not be miscarriage of justice32.5. The duty of the Public Prosecutor is to represent the State and not the policeA Public Prosecutor is an important officer of the State Government and is appointed by the State under the Code of Criminal Procedure, 1973. She/he is not a part of the investigating agency. She/he is an independent statutory authority. She/he is neither the post office of the investigating agency, nor its “forwarding agency” but is charged with a statutory duty.33 The purpose of a criminal trial is not to support at all cost a theory, but to investigate the offence and to determine the guilt or innocence of the accused and the duty of the Public Prosecutor is to represent not the police, but the State and her/his duty should be discharged by her/him fairly and fearlessly and with a full sense of responsibility that attaches to her/his position34. There can be no manner of doubt that Parliament intended that Public Prosecutors should be free from the control of the police department35.6. A Public Prosecutor should discharge her/his duties fairly and fearlessly and with full sense of responsibility that attaches to her/his positionThe Patna High Court held that purpose of a criminal trial is not to support a given theory at all costs but to investigate the offence and to determine the fault or innocence of the accused and the duty of the Public Prosecutor is to represent not the police but the Crown and her/his duty should be discharged by her/him fairly and fearlessly and with full sense of responsibility that attaches to her/his position36.7. Prosecution does not mean persecutionThe Andhra Pradesh High Court had ruled that prosecution should not mean persecution and the Prosecutor should be scrupulously fair to the accused and should not strive for conviction in all these cases. It further stated that the courts should be zealous to see that the prosecution of an offender should not be given to a private party. The Court also said that if there is no one to control the situation when there was a possibility of things going wrong, it would amount to a legalised manner of causing vengeance37.8. A Public Prosecutor cannot appear on behalf of the accusedIt is inconsistent with the ethics of legal profession and fair play in the administration of justice for the Public Prosecutor to appear on behalf of the accused38.9. No fair trial when the Prosecutor acts in a manner as if he was defending the accusedIt is the Public Prosecutors’ duty to present the truth before the court. Fair trial means a trial before an impartial Judge, a fair Prosecutor and atmosphere of judicial calm. The Prosecutor who does not act fairly and acts more like a counsel for the defense is a liability to the fair judicial system39.10. The statutory responsibility for deciding upon withdrawal squarely vests unwavering with the Public Prosecutor and should be guided by the Criminal Procedure CodeThe statutory responsibility for deciding upon withdrawal squarely vests on the Public Prosecutor and is entirely within the discretion of the Public Prosecutor. It is non-negotiable and cannot be bartered away in favour of those who may be above her/him on the administrative side. The Criminal Procedure Code is the only master of the Public Prosecutor and he has to guide herself/himself with reference to Criminal Procedure Code only. So guided, the consideration which must weigh with her/him is, whether the broader cause of public justice will be advanced or retarded by the withdrawal or continuance of the prosecution. The sole consideration for the Public Prosecutor when she/he decides a withdrawal from a prosecution is the larger factor of administration of justice, not political favours nor party pressures nor like concerns40.11. District Magistrate or the Superintendent of Police cannot order the Public Prosecutor to move for the withdrawalThe District Magistrate or the Superintendent of Police cannot order the Public Prosecutor to move for the withdrawal, although it may be open to the District Magistrate to bring to the notice of the Public Prosecutor materials and suggest to her/him to consider whether the prosecution should be withdrawn or not. But, the District Magistrate cannot command and can only recommend40.12. If there is some issue that the defense could have raised, but has failed to do so, then that should be brought to the attention of the court by the Public ProsecutorThe Supreme Court stated that the duty of the Public Prosecutor is to ensure that justice is done. It stated that if there is some issue that the defense could have raised, but has failed to do so, then that should be brought to the attention of the court by the Public Prosecutor. Hence, she/he functions as an officer of the court and not as the counsel of the State, with the intention of obtaining a conviction41.The District Magistrate or the Superintendent of Police cannot order the Public Prosecutor to move for the withdrawal, although it may be open to the District Magistrate to bring to the notice of the Public Prosecutor materials and suggest to her/him to consider whether the prosecution should be withdrawn or not. But, the District Magistrate cannot command and can only recommend.12. The Supreme Court stated that the duty of the Public Prosecutor is to ensure that justice is done. It stated that if there is some issue that the defense could have raised, but has failed to do so, then that should be brought to the attention of the court by the Public Prosecutor. Hence, she/he functions as an officer of the court and not as the counsel of the State, with the intention of obtaining a conviction.
ConclusionAfter analysing aforementioned international guidelines and jurisprudence of different countries (including India), it is clear that it is not a Public Prosecutor’s duty to seek conviction at all cost. Nor, is her/his duty to act as an avenging angle for the victim. On the contrary, her/his duty is to ensure that justice is delivered and in pursuance of this he/she must lay before the court all relevant evidence including the evidence that favours the accused. Corollary to this is the duty of a Public Prosecutor to bring to attention of the Court, any issue that the defense could have raised, but has failed to do. But, in doing so, she/he cannot act as if she/he is defending the victim, nor can he/she appear on behalf of the accused. When the Prosecutor acts in a manner as if she/he was defending the accused, then there is no fair trial. A Public Prosecutor is an independent entity from police and police cannot order her/him to conduct prosecution in a particular way. Police, politicians or any other extraneous party cannot influence her/his actions, including her/his discretion to decide withdrawal of a case. She/he represents the State and not the police and can only be influenced by “public interest”. In pursuance of her/his duties, he cannot use improper methods calculated to produce wrongful convictions and she/he must discharge her/his functions in a scrupulously fair and honest way. In brief, a Public Prosecutor has the responsibility of a minister of justice and not simply that of an advocate.
Articles 12 and 13(a), United Nations Guidelines on the Role of Prosecutors
Article 2.1, International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 20, United Nations Guidelines on the Role of Prosecutors
Article 14, United Nations Guidelines on the Role of Prosecutors
Article 4.2(d), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 16, United Nations Guidelines on the Role of Prosecutors; Article 4.3(f), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 3(d), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 13(b), United Nations Guidelines on the Role of Prosecutors; Articles 3(e) and (f); International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 4, United Nations Guidelines on the Role of Prosecutors; Article 6(a), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 6, United Nations Guidelines on the Role of Prosecutors; Article 6(c), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 7, United Nations Guidelines on the Role of Prosecutors; Article 6(e), International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Articles 2.2 and 2.3, International Association of Prosecution’s Standards of Professional Responsibility and Statement of the Essential Duties and Right of Procedures
Article 13(f), Recommendation No. 19(2000) on the Role of Public Prosecution in the Criminal Justice System, adopted by Council of Europe in 2000
Article 11, Recommendation No. 19(2000) on the Role of Public Prosecution in the Criminal Justice System, adopted by Council of Europe in 2000
Rule 3.8(a) of the Illinois Rules of Professional Conduct
Article 2.01, Texas’s Code of Criminal Procedure, 1966
Rule 3.8 of the Model Rules of Professional Conduct adopted by the American Bar Associates’ House of Delegates in 1983
(1934) 295 US 78-89 : 79 L Ed 1314
R. v. Boucher, (1954) 110 CCC 263 (SCC)
R. v. Boucher, (1954) 110 CCC 263 at p. 270.
Rule 9.01, Rules for Professional Conduct for Barristers and Solicitors, Adopted by the New Zealand Law Society on 28th July, 1989
R. v. Puddick, (1865) 176 ER 622 at p. 663. See R. v. Thomas (No. 2), (1974) 1 NZLR 658 (CA)
R. v. Roulston, (1976) 2 NZLR 644 at p. 654.
R. v. Henderson, (1999) 44 OR (3d) 628 (CA); R. v. Arthur F., (1996) 30 OR (3d) 470; R. v. Vandenberghe, (1995) 96 CCC (3d) 371 (CA); R. v. Stinchcombe, (1992) 68 CCC (3d) 1 (SCC)
“…tunnel vision means the single-minded and overly narrow focus on a particular investigative or prosecutorial theory, so as to unreasonably color the evaluation of information received and one’s conduct in response to that information.” The Commission on Proceedings Involving Guy Paul Morin, The Hon’ble Fred Kaufman, Commissioner (Toronto: Queen’s Printer, 1998) at p. 1136.
R. v. F.S., (2000) 47 OR (3d) 349 (Ont. CA); R. v. Chambers, (1990) 59 CCC (3d) 321 (SCC); R. v. McDonald, (1958) 120 CCC 209.
R. v. Regan, (2002) 1 SCR 297 (SCC); The Royal Commission on the Donald Marshall Jr. Prosecution; The 1998 Report of the Commission on Proceedings Involving Guy Paul Morin
Per Anantanarayanan, C.J., in A. Mohambaram v. M.A. Jayavelu, 1970 Cri LJ 241 at p. 245
Kashinath Dinka, (1871) 8 BHC (Cr C) 126, 153
Anant Wasudeo Chandekar v. King-Emperor, AIR 1924 Nag 243 at p. 245
Ghirrao v. Emperor, (1933) 34 Cri LJ 1009 (Oudh Chief Court)
Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble, (2003) 7 SCC 749 : 2003 SCC (Cri) 1918, at para 35
Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602, at para 23
Ram Ranjan Ray v. Emperor, (1915) 42 Cal 422 at p. 428; Jai Pal Singh Naresh v. State of U.P., 1976 Cri LJ 32 (All); Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602 : 1994 SCC (Cri) 1087
1976 Cri LJ 32 (All)
Kunja Subudhi v. Emperor, (1929) 30 Cri LJ 675
Medichetty Ramakistiah v. State of A.P., AIR 1959 AP 659
Sunil Kumar Pal v. Phota Sk., (1984) 4 SCC 533 : 1985 SCC (Cri) 18
Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 : 2004 SCC (Cri) 999
Balwant Singh v. State of Bihar, (1977) 4 SCC 448 : 1977 SCC (Cri) 633, at para 2
Shiv Kumar v. Hukam Chand, (1999) 7 SCC 467 : 1999 SCC (Cri) 1277
By Sameera SinghCite as: (2008) PL Feb. 9
http://practicallawyer.ebc-india.com

Court reserves judgement in BMW case
http://www.expressindia.com/latest-news/Court-reserves-judgement-in-BMW-case/353562/
New Delhi, August 26: A Delhi Court reserves its verdict in the nine-year-old BMW hit-and-run case for September 2.
After hearing the final arguments of both the prosecution and the defence on Tuesday, Additional Sessions Judge Vinod Kumar said he would pronounce the judgement on September 2.
Six persons were killed in the accident involving the BMW car on January 10, 1999 in Lodhi Colony area in New Delhi.
Agencies
Posted online: Tuesday , August 26, 2008 at 04:51:26
www.expressindia.com

MP High Court issues notices in NaiDuniya writ petition on IRS 2008 R1 report
http://www.exchange4media.com/e4m/news/newfullstory1.asp?news_id=32262&tag=27177&section_id=5
The High Court of Madhya Pradesh bench at Indore on August 22, 2008, admitted a writ petition by NaiDunia Media challenging the Indian Readership Survey (IRS), 2008 R1 report and has issued notices to the Media Research Users Council (MRUC) and others.
The petition was submitted by NaiDunia Media before the High Court, challenging the IRS 2008 R1 report issued by MRUC, stating that report was based on misleading facts and data without following proper procedure.
In its petition, NaiDunia Media asked, if the circulation of its newspaper had increased then how could its readership drop, as indicated in the said IRS media report.
NaiDunia Media also aired its grievance, stating that the MRUC report was causing irreparable loss to its Hindi daily NaiDunia published from five locations in Madhya Pradesh and Chhattisgarh.
The High Court admitted NaiDunia Media’s petition for hearing and issued notices to MRUC and others.
Anil Dhupar, President-Marketing, NaiDunia Media, said, “Earlier, Naidunia Media had issued legal notice to MRUC just after the release of the IRS 2008 R1 media report to which MRUC did not respond seriously. We also raised the issue on various platforms, but MRUC hardly cared for it, thus we took the matter to the High Court in the larger interest of the print industry.”
When contacted, MRUC officials said that they had not received any notice with respect to any writ petition and added that it had adequately responded to the earlier notice issued by NaiDunia Media.
August 27, 08
exchange4media Mumbai Bureau
www.exchange4media.com
© exchange4media 2008

SC to hear PIL into Assets Case of CPM leaders
http://www.indlawnews.com/Newsdisplay.aspx?836a690a-4856-483c-ae34-da7d4aa630c2
The Supreme Court will hear a PIL seeking a CBI inquiry into the assets of some senior CPM leaders including party general secretary Prakash Karat and his wife Brinda Karat.A Bench headed by Chief Justice K G Balakrishnan will consider a petition filed by advocate Joydeep Mukherjee who has pleaded for the CBI inquiry against other CPM leaders also, such as Mohammad Salim, Bimal Basu, Vinayak Kumar, Hannan Mollah, Sudhanshu Sil, Lakhim Seit, Nilotpal Basu and Bansgopal Choudhury.According to the petitioner, the party has about 7000 full time workers and they are paid remuneration each at the rate of Rs 3200 per month.The petitioner has also alleged that these leaders have accumulated assets over worth Rs 200 crore which are beyond their known sources of income.The petition was filed a few days before the trust vote in the Lok Sabha following the withdrawal of support by the Left parties.The petitioner did not seek urgent hearing of his petition arguing that it might send an impression that the petition was politically motivated.UNI
8/25/2008
www.indlawnews.com

STRONG MEDICINE http://www.telegraphindia.com/1080827/jsp/opinion/story_9748734.jsp
The proposed amendment to the Drugs and Cosmetics Act will make the law more stringent and help control the spread of spurious drugs, reports V. Kumara Swamy Last month the Haryana police busted a spurious drug manufacturer in Gurgaon. It was using talcum powder to make fake Ciprofloxacin tablets. Although the unit was closed down and its owners arrested, nobody knows what the outcome of the trial will be. Going by the history of such cases, the accused are likely to get off with a light punishment, or perhaps go scot free.
“We have been very lethargic on these issues,” feels Harinder S. Sikka, director, corporate affairs, Piramal Healthcare, who has filed a Public Interest Litigation (PIL) in the Delhi High Court, calling for the implementation of stringent laws against spurious drug manufacturers. “Only a handful of fake drug manufacturers has been brought to book in the last 60 years. Others have mostly got away with small fines and gone back to their lucrative trade,” he says.
According to Sikka, spurious drugs are sold openly in Kanpur and Agra’s dawa mandis (drug markets), and in the Bhagirath Palace market in Delhi right under the eyes of the police.
This is set to change soon. Recently, the government decided to expedite the passing of the long pending Drugs and Cosmetics (Amendment) Bill, 2007. The bill seeks to amend the Drugs and Cosmetics Act, 1940, and proposes a significant increase in punishment, among other things. The current law stipulates a mere five years’ jail term for an offender and a paltry fine of Rs 10,000. But if the amendment comes through, a person involved in the manufacture and sale of spurious drugs is liable to get a prison term of not less than 10 years. A fine of not less than Rs 10 lakh or three times the value of the drugs confiscated, whichever is greater, has also been suggested. The new law will make the offence cognisable and non-bailable too.
The amendments also seek to control the spread of spurious cosmetics, making it mandatory for manufacturers of soaps, creams, shaving products and so on to clearly describe the ingredients on the labels of the products. Even Ayurvedic and Unani cosmetics and medicines have been brought under the ambit of the new law.
“People indulge in the manufacture of spurious drugs because it’s a lucrative business. A stronger legal machinery, a minimum of 10 years’ imprisonment and a steep fine will force many of them to fold up their businesses,” predicts D.B.A. Narayana, managing trustee, Delhi Pharmaceutical Trust.
The government plans to pass the bill in the next session of Parliament. “This welcome move has been due for a long time,” says Sikka. The bill has, in fact, been pending in the Rajya Sabha for more than three years.
An expert committee headed by R.A. Mashelkar, former director general, Council for Scientific and Industrial Research (CSIR), suggested many of the recommendations as early as 2003. The committee had proposed the setting up of a separate Central Drugs Authority (CDA) to oversee the licensing of drug manufacturers and the creation of special courts to try spurious drug-related cases, besides the enhancement of punishment.
“Fake drugs violate Article 21 of the Indian Constitution, which guarantees the fundamental right to life,” says Amarendra Sharan, additional solicitor general of India and a member of the Mashelkar committee. “The government has incorporated most of the recommendations and this bill, when passed, will go a long way in strengthening the hands of law enforcers,” he says.
There are no definite figures on the volume of spurious drugs available in the country. Last year a World Health Organisation-funded study said that around 3.1 per cent of the drugs in the market are spurious. But in February 2008, the Associated Chambers of Commerce and Industry claimed that spurious drugs accounted for a staggering 20-25 per cent of the drugs available in the market. And the market in spurious drugs was worth upwards of Rs 15,000 crores, it added.
“There are no firm data on the spread of spurious drugs. But no matter how small or big it is, it has to be stopped,” declares T.R. Gopalakrishnan, a consultant at the Indian Drug Manufacturers Association (IDMA), Mumbai.
Gopalakrishnan is not impressed with all the new provisions in the bill and says that some of them are likely to be misused. “Government agencies should try to reach the spurious drug manufacturers rather than the distributors who may not know that they are selling fake drugs. Or else innocent people may be victimised while the culprits go unpunished,” he says.
Many are also opposed to the setting up of the CDA to issue licences to drug manufacturers. Right now, it is the state government that carries out this function. “Many small drug manufacturers will be driven out of business as they cannot approach the CDA every time they need a licence. This is nothing but a conspiracy of the big drug companies to monopolise the market,” argues Aloke Chaudhari, secretary, West Bengal Small Scale Pharmaceutical Manufactures’ Association. “The spurious drug manufacturers do not need a licence. Where is the need for a central authority when the state government is in a better position to assess the local situation and issue licences,” he asks. According to Chaudhari, small drug manufacturers account for around 40 per cent of India’s total drug market.
Even the Communist Party of India (Marxist) has opposed this provision of the bill. “If drug licensing is centralised, thousands of small and medium sector drug manufacturing companies all over India will not be able to get their licences and will be forced to close; thousands of workers will lose jobs, and the self-employed will be deprived of their livelihood,” said CPI(M) central committee member J.S. Majumdar in an article in the party’s mouthpiece, People’s Democracy, in March 2008.
But Narayana takes a different view: “Even licensed companies manufacture spurious drugs. With a central authority in place, it will be easy to maintain a database and catch those who sell drugs of low quality,” he says.
During a recent hearing of Sikka’s PIL, the Delhi High Court said that it would wait for the government to carry out the amendments before passing an order on the PIL.
Many others wait as well.
Wednesday , August 27 , 2008
www.telegraphindia.com

Gujarat HC orders Spiritual guru asaram to compensate violence victims
http://www.indlawnews.com/newsdisplay.aspx?5273d8ae-75fa-40ef-87f7-90732f2afd42
Spiritual guru Asaram Bapu received another jolt as the Gujarat High Court directed that a case be registered against his ashram here regarding the alleged attacks by his disciples on journalists on July 18.The Court has also ordered Asaram Bapu to pay compensation to the people who were injured in the citys Motera area clash, when journalists were assaulted and their cameras broken.The court directed the police to register FIRs if any person approaches them with complaints. The ruling came after an NGO, Jan Sangarsh Manch, filed a PIL demanding that the court direct the state government to probe the attacks, allegedly by the supporters and disciples of the spiritual guru.The bodies of two minor children, staying at the ashram’s gurukul, were found near the ashram on June 7. Since then the ashram is in the eye of controversy as a series of allegations against the ashram and Asaram’s son Narayan Swami, regarding his sexual and financial misconduct, have been levelled and put the spiritual father-son duo under the police scanner.UNI
8/27/2008
www.indlawnews.com

NTPC case: Ministry, counsel speak in different voices
http://www.business-standard.com/india/storypage.php?autono=332638
After the power ministry and state-owned power utility NTPC took strong exception to the petroleum and natural gas ministry’s lawyer Tejinder Singh Doabia telling the Bombay High Court last Thursday that the RIL-NTPC deal was not a ‘concluded’ one, the petroleum ministry has asked the lawyer to withdraw his statement when the case is heard again on September 1.
The twist is that while the ministry says Doabia’s interjection in the Mukesh-Anil Ambani case (Reliance Industries Limited versus Reliance Natural Resources Limited) was beyond his brief, Doabia insists it was the ministry which instructed him to do so.
In a letter to Joint Secretary DN Narasimha Raju last Saturday, Doabia refers to an earlier e-mail by him on August 13 where he had asked the ministry for a copy of the RIL-NTPC agreement so that he could study it for arguing his case.
In this e-mail, Doabia had said: “I believe that this was not final …” and that, in any case, “the price fixed in the NTPC agreement is subject to approval of Government of India”. His letter of August 23 then goes on to say:
“In response to the above e-mail, I was instructed that there is no concluded agreement and mere letter of intent was issued.”
Doabia’s letter comes a day after he was telephoned by Raju asking for details of what had actually transpired in the Bombay High Court following media reports on the proceedings.
Doabia chose not to comment on the letter when asked by Business Standard, saying, “No, no, I will not comment … there has already been a lot of muck on this.”
Petroleum Secretary RS Pandey and Raju, however, both confirmed they had indeed received Doabia’s letter though Pandey stressed all that mattered was that Doabia had been asked to withdraw his statement.
When asked, Pandey said he had no idea who had briefed Doabia to say what he had — Doabia had been hired four or five months ago, Pandey said, and would have briefed by a variety of officials.
Raju said he had never briefed Doabia, while Pandey said he was unaware of whether his predecessor had left any instructions saying the deal was not ‘concluded’.
In 2003, Reliance had won a global bid edging out bidders like Shell to supply NTPC 12 million metric standard cubic metres per day (mmscmd) of gas for 17 years at a price of $2.34 per mmBtu (million metric British thermal units).
Towards the end of 2005, Reliance changed some of the terms of the contract — instead of an unlimited liability in case it failed to supply NTPC the requisite gas, Reliance capped its liability. NTPC refused to accept this and other changes and did not sign on the new terms.
Instead, it filed a case in the Bombay High Court asking that Reliance be told to fulfill its original contract. So, when Doabia said the NTPC-RIL deal was not a ‘concluded’ one, he effectively demolished NTPC’s entire case.
The NTPC case is important in the Reliance Industries Limited-Reliance Natural Resources Limited fight since the commercial terms of their contract were similar to those in the NTPC case. If there is no ‘concluded’ NTPC-RIL contract, there can logically be no concluded RIL-RRNL contract either.
Sunil Jain / New Delhi August 27, 2008, 5:53 IST
www.business-standard.com

Wages: court dismisses petitions
http://www.hindu.com/2008/08/27/stories/2008082750360100.htm
CHENNAI: The Madras High Court on Tuesday dismissed petitions seeking a stay on the operation of a government order of the Labour and Employment department of June this year fixing a minimum wage for plantation workers.
In his order, Justice P.Jyothimani said that wages of Rs.100 per day could not be assailed as arbitrary by any stretch of imagination considering the present cost of living.
A batch of writ petitions challenged the rates of minimum wages for employment in plantations maintained for the purpose of growing cinchona, rubber, tea or coffee, issued by the government dated June 15 confirming the preliminary notification dated March 14 this year. While the government order was challenged in the writ petitions by various plantation farmers associations, individual owners had also filed some cases. The petitioners said the plantation industry was reeling under an acute financial crisis for the past eight years due to various reasons, including the government policies on globalisation and liberalisation of trade. If the managements were compelled to pay a minimum wage of Rs.102.32 and also to provide the welfare benefits, it would tantamount to double jeopardy and the managements would be forced to incur all-in-wage costs. This would further go up due to adjustment of D.A. calculated on the spiralling cost of living index.
Wednesday, Aug 27, 2008
Special Correspondent
www.hindu.com

Ministry asks lawyer to retrace stand
http://www.hindu.com/2008/08/27/stories/2008082755841400.htm
NEW DELHI: Taking a “serious view” of the submissions made by its lawyer T.S. Doabia that National Thermal Power Corporation (NTPC) had not concluded any deal with the Reliance Industries Limited (RIL) to buy gas from its MG basin fields, the Petroleum Ministry has directed the lawyer to “retrace the stand” and apprise the Mumbai High Court about the real picture at the first given opportunity.
Stating that Mr. Doabia was not authorised to make any such submission before the court, highly placed sources in the Ministry said the lawyer’s submission took them by complete surprise. Interestingly, after the lawyer exceeding his brief in the court, Petroleum Secretary R. S. Pandey sought a report on the issue on August 22.
After the submission of the report on August 25, he issued “firm orders” that immediate steps be taken by the legal entity concerned to set the record straight before the court and apprise it at the first opportunity that the submission made by him regarding the NTPC-RIL row was not the view of the Petroleum Ministry.
The sources said Mr. Pandey directed the lawyer to file a report before the court stating the correct position and the NTPC’s stand maintained over the years.
Mr. Doabia reportedly stated that NTPC had not concluded any contract with the RIL to buy gas from D6 block at $2.34 per mmBtu (million British thermal unit.)
The NTPC-RIL deal is at the core of a dispute between the Ambani brothers, with the younger one claiming a minimum of 18 million standard cubic meters a day of gas from D6 at the $2.34 per mmBtu price bid by the RIL in a NTPC tender in 2004.
NTPC has filed a case against the RIL in the Bombay High Court to get the Mumbai-based firm to honour the bid it made in the international tender.
Wednesday, Aug 27, 2008
Sujay Mehdudia
www.hindu.com

SIT submits report to SC on post-Godhra violence
http://www.ptinews.com/pti/ptisite.nsf/0/CE550E0CB03FBE77652574B10049BF0B?OpenDocument
New Delhi, Aug 26 (PTI) The five-member special investigation team (SIT) constituted to re-investigate the post-Godhra communal riots today submitted its preliminary report to the Supreme Court.The confidential report was submitted through amicus curiae Harish Salve by the committee which was constituted by the apex court in the wake of widespread criticism that the investigations were botched to shield the culprits.These cases mainly related to the gruesome killings of minorities in places like Godhra, Gulmerg Society, Naroda Gaon, Naroda Patya, Sardarpura, ODH and Deepla Darwaza.”They are doing a good job. Let us given them some more time,” a three-judge bench of Justices Arijit Pasayat, P Sathasivam and Aftab Alam observed while granting time till December 31, 2008 to the SIT to complete its further investigations.Apart from the three member panel of IPS officers of Gujarat-Geeta Johri, Shivanand Jha and Ashish Bhatia, the team comprises two retired IPS officers from outside the state — ex-CBI chief R K Raghavan and former UP IPS officer C V Satpathy.In 2003, the NHRC had filed the petition for transfer of the case and trial outside Gujarat expressing fears that it would not be conducted in a fair and transparent manner due to the hostile environment encountered by the witnesses, most of whom had turned hostile due to apparent threats and inducements.The apex court constituted the SIT on March 25 this year while dealing with the NHRC petition. PTI
www.ptinews.com

Dependents of ‘blemished’ employee have no right of appointments: SC
http://economictimes.indiatimes.com/News/PoliticsNation/Dependents_of_blemished_employee_have_no_right_of_appointments_SC/articleshow/3408837.cms
NEW DELHI: The Supreme Court has ruled that dependents of an employee punished for corrupt practices or irregularities cannot claim appointments on compassionate ground. A two-judge bench of Justices C K Thakker and D K Jain quashed the directions of the Allahabad High Court which had directed appointment of Anju Jain, a widow whose husband had died in harness. The SBI under its relevant recruitment rules had rejected Anju Jain’s plea for appointment on compassionate grounds on the plea that her husband who was working at Agra had been punished with stoppage of five annual increments after being involved in financial embezzlement. However, a single judge and later a division bench of the High Court directed Anju Jain’s appointment on the ground that the past conduct of her husband cannot be a reason for denying her appointment. Aggrieved by the High Court order, the State Bank of India appealed in the apex court. Upholding the appeal, the apex court said in a recent judgement the SBI was right in denying the appointment as the relevant rules had clearly rendered ineligible dependents of an employee whose service record was blemished on account of disciplinary action being taken against him. “Past conduct of an employee is undoubtedly an important consideration. We are also of the view that the State Bank was right in rejecting the prayer of the wife of the deceased employee,” the apex court added.
26 Aug, 2008, 2122 hrs IST, PTI
http://economictimes.indiatimes.com

Conviction on basis of extra-judicial confessions okay: SC
http://economictimes.indiatimes.com/News/PoliticsNation/Conviction_on_basis_of_extra-judicial_confessions_okay_SC/articleshow/3409585.cms
NEW DELHI: The Supreme Court on Tuesday ruled that extra-judicial confessions of an accused could be relied upon for convicting the person. It is not open to any court to start with a presumption that extra-judicial confession is a weak evidence, said the apex court.
A bench comprising Justice Arijit Pasayat and Justice M K Sharma said: “An extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court. The confession will have to be proved like any other fact. The value of the evidence as to confession, like any other evidence, depends upon the veracity of the witness to whom it has been made. The value of the evidence as to the confession depends on the reliability of the witness who gives the evidence. It is not open to any court to start with a presumption that extra-judicial confession is a weak type of evidence”. Justice Pasayat writing the verdict said: “It would depend on the nature of the circumstances, the time when the confession was made and the credibility of the witnesses who speak to such a confession. Such a confession can be relied upon and conviction can be founded thereon if the evidence about the confession comes from the mouth of witnesses who appear to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive of attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it. After subjecting the evidence of the witness to a rigorous test on the touchstone of credibility, the extra-judicial confession can be accepted and can be the basis of a conviction if it passes the test of credibility.” Extra-judicial confessions are those which are made by the party elsewhere than before a Magistrate or court. Extra-judicial confessions are generally those that are made by a party to or before a private individual which includes even a judicial officer in his private capacity. It also includes a Magistrate who is not especially empowered to record confessions under Section 164 of the Code of Criminal Procedure, 1973 or a Magistrate so empowered but receiving the confession at a stage when Section 164 of the Code does not apply. The court dismissed an appeal of two convicts who were sentenced by a Trial court in Haryana on the basis of their extra-judicial confessions accepting committing a heinous crime.
27 Aug, 2008, 0257 hrs IST,Sanjay K Singh, ET Bureau
http://economictimes.indiatimes.com

Abhaya case: HC slams CBI
http://keralaonline.com/news/abhaya-case-hc-slams-cbi_2562.html
Justice V. Ramkumar , during the hearing in the case expressed his strong displeasure at the wrong information given. While it is believed that 3 CDs exist
over the narco- analysis test, CBI official R.K. Agarwal , on enquiry from the Court submitted that there was only one .
The Court has expressed dissatisfation regarding the content of the CD submitted and observed that some vital information could be missing. Meanwhile, Bangalore-based Central Forensic Science Laboratory (CFSL) has also confirmed the existence three CDs in connection with the tests.
Justice V. Ramkumar also stated the Joemon Puthenpurackal has no right to interfere with the Abhaya case.
The dead body of Sister Abhaya, was found in the well of Pious X Hostel in Kottayam district in the wee hours of March 27, 1992. The case, after many twist and turns, is now being investigated by a special cell of the CBI. The investigative agency while confirming that it was a case of homicide, said it couldn’t pinpoint the culprits in the absence of conclusive evidence.
http://keralaonline.com

HC disposes petition challenging validity of TN Ordinance
http://www.hindu.com/thehindu/holnus/002200808260940.htm
Chennai (PTI): Madras High Court on Monday disposed off a petition challenging the constitutional validity of a Tamil Nadu Ordinance, 2008, stating “that the Court cannot give its opinion in a matter which is already pending before the Supreme Court.”
A Division Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kallifulla, before whom the petition filed by Citizen Civil Action Group came up for hearing, observed that “since the matter is pending before the Supreme Court, we cannot give any opinion in the matter.”
According to the petitioner, the Ordinance, which dealt with unauthorised development, extended immunity from action for violation of building rules and regulations till July 26, 2009.
The petitioner contended that the Ordinance was similar to the provisions of an Ordinance of 2007, which had been already declared as unconstitutional by the High Court.
“The Ordinance attempted to make a mockery of an order of the High Court and the Supreme Court, which stated that the regularisation was only a one time measure,” the petitioner submitted.
However, the Additional Advocate General (AAG) submitted that the present Ordinance came into effect the same day the validity of an Act relating to unauthorised building expired on July 27, 2008.
He submitted that the events related to the issue of the present Ordinance was informed to the petitioner and had also been brought to the notice of the Supreme Court.
Tuesday, August 26, 2008
www.hindu.com

Madras HC pulls up police for lack of social responsibility
http://www.indlawnews.com/Newsdisplay.aspx?245f7f7a-7105-43c5-a41f-e3d70e838a21
‘Failure to register a case under one pretext or the other would only benefit musclemen in a locality who are ever ready to deliver instant justice on the basis of hidden dealings with quid pro quo as the basic principle as well as the essential item of contract,’ Madras High Court has observed.Disposing of a writ petition filed by a person seeking a direction to the authorities to register a case in respect of the murder of his father in November 2004, Justice K K Sasidaran observed that the new concept of home policing or police at your doorstep as well as launching of mobile police stations would not serve the purpose unless the police change their very outlook and approach issues with a sense of social responsibility. The Judge said the Supreme Court had time and again called upon the police to register an FIR immediately on receipt of complaint without driving a complainant from pillar to post.’Under the CrPC, the police had a statutory right to investigate a cognizable offence. The power to investigate the offence was unfettered. The investigation was subject to supervision by superior officers,’ the Judge said.8/25/2008
UNI
www.indlawnews.com

HC denies bail to Chhota Shakeel relative in extortion case
http://www.expressindia.com/latest-news/HC-denies-bail-to-Chhota-Shakeel-relative-in-extortion-case/353486/

Mumbai, August 26: The Bombay High Court has denied bail to Chhota Shakeel’s aide and relative Salim Qureshi alias Salim Fruit in an extortion case.
Qureshi, who is the husband of Chhota Shakeel’s wife’s sister, is accused of demanding ransom of Rs 50 lakh from a Mumbai-based businessman. The ransom amount was later negotiated down to Rs five lakh.
Qureshi was based in Dubai at the time. Police laid a trap and arrested two of his associates in Mumbai when they came to collect the ransom at a suburban hotel.
Qureshi himself was arrested in November 2006 and was booked under Maharashtra Control of Organised Crime Act (MCOCA).
According police, Qureshi was part of Shakeel’s extortion business.
The MCOCA court had earlier rejected his bail application.
Justice V K Tahilramani on Monday rejected his appeal, holding that statements the of co-accused were enough evidence for refusing him bail.
Agencies Posted online: Tuesday , August 26, 2008 at 11:52:37
www.expressindia.com

HC hears mom, daughter’s plea against death
http://timesofindia.indiatimes.com/Mumbai/HC_hears_mom_daughters_plea_against_death_/articleshow/3405573.cms
MUMBAI: A mother-daughter duo who dressed up as ‘Jassi’ and allegedly murdered a Pune-based orthopaedic surgeon will soon get to know whether they will hang to death for their crime. The Bombay high court on Monday commenced hearing their appeal against the death sentence a sessions court awarded the duo last year. Following a request by the prosecution, a division bench of Justice Bilal Nazki and Justice Ashutosh Kumbhakoni ordered the police to transfer the convicts-Leena Devasthali (57) and her daughter Deepti (27)-from Pune’s Yerawada jail to the women’s prison in Byculla so that they can attend the court hearings. The prosecution case is that Leena, a lawyer, and Deepti, a cookery expert and writer, kidnapped and murdered 47-year-old Dr Deepak Mahajan by forcibly giving him an overdose of sedatives after a failed bid at a Rs 25 lakh ransom. According to the police, the case dates back to July 2006, when the duo wrote to Dr Mahajan on behalf of a fictitious organisation, Omkar Charitable Trust, offering a consultant’s job. The doctor’s wife, Dr Smitha Mahajan, subsequently lodged a complaint after the family started receiving ransom calls. Probe revealed that the duo had disguised themselves with thick glasses and false dentures like the popular television character Jassi from the serial Jassi Jaisi Koi Nahin. They had taken Dr Mahajan to a lodge where he was injected with a fatal dose of sedatives. The Devasthalis then allegedly cut his body into pieces. Dr Mahajan’s body parts-wrapped in plastic bags-were recovered from various spots between Karjat Ghat and Nashik Phata. The doctor’s head and limbs were, however, never found. The prosecution’s prime witness was a private detective whom the Devasthalis had hired after telling him that they were planning to bust a kidney transplantation racket, allegedly being run by Dr Mahajan . While the prosecution examined about 46 witnesses, the mother-daughter duo argued the case in the trial court on their own. Last December, the sessions court sentenced the Devasthalis to death. Shirish Gupte, counsel for the convicts, sought results of the narco-analysis tests which were carried out on the Devasthalis . He claimed that though the police had insisted on the tests, it was not subsequently produced in court as it did not favour the prosecution case. The defence advocate raised questions on the credibility of the evidence given by main prosecution witness , saying that as per the police case, he was an accomplice in the crime.
26 Aug 2008, 0517 hrs IST,TNN
http://timesofindia.indiatimes.com

Gujarat HC Judge transferred and Delhi HC Judge appointed
http://www.indlawnews.com/Newsdisplay.aspx?187c59af-fcfa-45c5-84c2-c342f77fdbbe
The appointment of a Delhi High Court Judge and the transfer of a Gujarat HC Judge by President Pratibha Patil.Gujarat HC Judge Arvind Mohanlal Kapadia has been transferred as a Judge of the Rajasthan High Court, an announcement by the Law and Justice Ministry said.The President acted after consultation with Chief Justice of India K G Balakrishnan and directed Justice Kapadia to assume charge within 11 days– by September 5, it said.The transfer will increase the number of vacancies in the 42-Judge Gujarat HC to 13 and leave the 40-Judge Rajasthan HC with four vacancies.Delhi HC Additional Judge Vidya Bhushan Gupta has been appointed a Judge of the High Court, another Ministry announcement said.The 48-Judge Delhi HC has seven vacancies.A count last month showed that more than 260 of 876 sanctioned judgeships in India’s 21 High Courts were vacant.8/25/2008
UNI
www.indlawnews.com

CBI lied during investigation, notes Kerala HC
http://www.expressindia.com/latest-news/CBI-lied-during-investigation–notes-Kerala-HC/353529/
Kochi, August 26: The Kerala High Court observed on Tuesday that the CBI, which is investigating the Sister Abhaya murder case, had made a ‘false statement’ regarding the receipt of CDs from the Forensic Science laboratory (FSL), Bangalore.
Though CBI DYSP R K Aggarwal, the Investigating Officer in the case, reiterated that they had received only one CD from FSL on the narcoanalysis test conducted on three suspects — two priests and a nun, the FSL Director, Lal Mohan Choudhary informed the court that three CDs had been sent to the CBI.
Justice V Ramkumar made the oral observations when the case came up before the court. The Investigating Officer was also present.
The court had directed Aggarwal to appear before the court in view of ‘certain subsequent developments.’ The CBI had earlier informed the court that though they had obtained ‘sufficient clues’ regarding the accused in the case, it was not sufficient to arraign the suspects as accused.
After viewing the three CDs sent by the FSL, the court had said it contained more information than the CD produced by the CBI in court.
The Court had also directed the Registrar General to ascertain whether the three CDs sent by FSL and CDs produced by CBI were the same.
Agencies
Posted online: Tuesday , August 26, 2008 at 03:11:50
www.expressindia.com

HC allows NGO’s silent protest near Tata Steel’s AGM on Aug 28
http://www.hindu.com/thehindu/holnus/001200808261720.htm
Mumbai (PTI): The Bombay High Court on Tuesday allowed pro-environment NGO Greenpeace to hold “silent and peaceful” demonstrations near the venue of Tata Steel’s AGM here on August 28, but restrained it from assembling at residences of the company’s directors or at Bombay House, the headquarters of Tata Group.
Greenpeace has been protesting against Tata Steel’s joint venture with L&T to develop Dhamra port on the Orissa coast, alleging that it will affect breeding of Olive Ridley turtles and the coastal environment.
Tatas had filed a petition in the Bombay High Court, seeking an order against holding demonstrations at the AGM venue as well as at Bombay House and residences of directors of the company.
Justice V M Kanade in his order, specified that Greenpeace activists can not shout slogans and obstruct anyone attending the AGM to be held at Birla Matoshree Hall.
The court said not more than 100 demonstrators each can assemble at the Liberty Cinema, Metro Cinema and Income Tax building, the spots near the AGM venue.
Tuesday, August 26, 2008
www.hindu.com

1984 riots: HC assured of Jasbir’s security
http://www.expressindia.com/latest-news/CBI-assures-HC-to-offer-security-to-Jasbir/353580/
New Delhi, August 26: CBI on Tuesday assured the Delhi High Court that full security would be given to US-based Jasbir Singh, a potential witness in the 1984 anti-Sikh riots case involving Congress leader Jagdish Tytler.
The premier investigating agency said it would also bear the cost of security for Singh if he agrees to come to India and depose before the court as witness.
Additional Solicitor General P P Malhotra appearing before Justice S K Mishra contended that it would be first time that the prosecuting agency would be bearing all costs incurred for a potential witness.
“We have told him to come to India at our expense but he has refused and is insisting on video-conferencing. It is not possible as we have to first investigate whether he is a credible witness or not,” Malhotra contended adding that the investigation is a prerogative of the agency.
Singh had earlier filed a rejoinder through his counsel pleading that his testimony be recorded either in an American court or through video-conference as there is a danger to his life in case he visits India.
Singh, a California-based witness who was earlier declared non-traceable by the CBI, filed a petition seeking that the notice for his presence issued by the probe agency be quashed as he does not reside in India.
He submitted that till a decision is taken on his petition, the proceedings in the trial court be stayed and the CBI be restrained from closing the probe in the case.
The CBI, following a trial court order directing it to re-investigate Tytler’s role in the case, had issued notice to Singh on January two under Section 160 of the CrPC, which empowers the probe agency to seek presence of a witness.
A city court on December 18 last year had rejected CBI’s report seeking closure of the riot case against Tytler and directed the agency to re-investigate the case.
Agencies
Posted online: Tuesday , August 26, 2008 at 06:35:20
www.expressindia.com

Calcutta HC rejects IT claim on PILCOM
http://www.cricketnext.com/news/calcutta-hc-rejects-it-claim-on-pilcom/33743-13.html
Kolkata: The Calcutta High Court on Tuesday rejected an appeal by income tax department claiming that PILCOM, a committee set up to organise 1996 World Cup, had not paid taxes on prize money to international players, while admitting two petitions on payments to foreign cricket boards.
A division bench comprising Justice P C Ghose and Justice S P Mitra rejected the appeal as the IT department could not establish that it was PILCOM which paid the money to players.
The director of income tax (international taxation) had claimed that PILCOM had deducted TDS (tax deducted at source) during payments to international stars like Sanath Jayasuriya, Mark Waugh, Nathan Astle, Curtly Ambrose, Aravinda d’Silva, Moris Odumbe and Paul Strang, but had not deposited it with the IT department.
PILCOM counsels submitted that the prize money was not paid by it and that it was made by INDCOM, the Indian organising body.
As such, it was in no way responsible for payments to the IT department, they claimed.
It also pointed out that the Incomourt after four weeks.
Press Trust Of India
Posted on Aug 26, 2008 at 19:31
www.cricketnext.com

Chiranjeevi gets Supreme Court nod for August 26 Tirupati rally
http://www.screenindia.com/news/Chiranjeevi-gets-Supreme-Court-nod-for-August-26-Tirupati-rally/353530/
The Supreme Court has given Telugu superstar Chiranjeevi a much-needed respite as it declined to impose a ban on his much-hyped public meeting scheduled for August 26 in the temple town of Tirupati, where he is likely to announce the launch of his new political party.“They are holding a meeting. What objections have you got?” a Bench headed by Justice B N Aggarwal questioned senior counsel Nageswara Rao appearing for Intellectual Forum, an Andhra Pradesh-based NGO which has filed the petition.
The three-judge Bench rejected the plea of Intellectual Forum that the meeting should not be allowed as it is being conducted on a tank bed.The counsel argued that the use of bulldozers for clearing shrubs in the tank bed would destroy the vegetation in the area. But the Apex Court observed that even if there was water and the meeting was being held in boats, the organisation should not have any objections.
The NGO had sought a ban on the public meeting on the ground that the venue, Avilala Tank area, at the foothills of the historic temple town was a protected tank bed. The tank is believed to have been made by noted King Sri Krishna Devarya in 1500 AD.Citing an Apex Court ruling in 2006, the NGO submitted that despite a ban on construction activity in the tank bed, men and machinery were being used extensively on the tank bed for creating infrastructural facilities to conduct the meeting, which is likely to be attended by 10 lakh people. According to the NGO, the Tirupati Urban Development Authority had earlier refused to grant permission for a public meeting at the place. Later, the actor approached the district collector who granted him permission.
Express news service Posted online: Friday , August 29, 2008 at 1517 hrs
www.screenindia.com

Writ against city’s metro rail project
http://timesofindia.indiatimes.com/Hyderabad/Writ_against_citys_metro_rail_project/articleshow/3405312.cms
HYDERABAD: C Ramachandraiah of Centre for Economic and Social Studies and Omim Mamickshaw Debara of Forum for a Better Hyderabad filed a writ petition in the AP High Court on Monday, seeking its intervention to restrain the authorities from going ahead with the metro rail project in the city. Their argument was that the construction cannot go ahead without obtaining environmental clearance from the union ministry of environment and forests. The petitioners pleaded with the court that the metro rail project should not be cleared till the public and the interested persons are heard, they said. Public should first be informed of all the details as indicated in the AP Municipal Tramways (Construction, operation and maintenance) about this project, they contended.
26 Aug 2008, 0347 hrs IST,TNN
http://timesofindia.indiatimes.com

Allegations baseless, says Veerapandi
http://www.newindpress.com/NewsItems.asp?ID=IET20080826023627&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0
CHENNAI: State Agriculture Minister Veerapandi S Arumugham on Monday contended that the writ petition filed in the Madras High Court against him was highly motivated and it was mainly intended to serve the cause of his political opponents.In his counter-affidavit filed in the High Court in response to a public interest litigation (PIL) writ petition from S Manokaran, national general secretary of the Indian Association of People’s Lawyers, Arumugham said that the petition was neither maintainable nor could be filed as a PIL. It was falsely filed for the purpose of giving inconvenience, adverse propaganda and to cause trouble to him.The allegations were vague and bald. The High Court had dealt with the same issues, one relating to demolition of the 184-year-old Collectorate building and the other in respect of eviction of 35 families from the Angalammal Colony near Salem bus stand, on two earlier occasions and passed orders.The present PIL was a third one filed to waste the High Court’s time. It was nothing but an abuse of process of law and misuse of the judicial forum for some ulterior motive.He never exhibited his muscle or manpower and misused his position, he said and sought to dismiss the PIL with an exemplary cost of Rs 50,000.
Aug 27, 2008
Tuesday August 26 2008 02:36 IST
Express News Service
www.newindpress.com

Army should dispose of explosives: court
http://www.expressindia.com/latest-news/Army-should-dispose-of-explosives-court/353429/
Chandigarh, August 25 A PIL seeking directions to the Union government, Ludhiana Deputy Commissioner and the Custom authorities to dispose of a “huge stock of explosives” lying at Dhandari Kalan Dry Port, Ludhiana, since October 2004 came up for resumed hearing on Monday.
Even as the counsel for the Union government said it was the state government’s responsibility to dispose of the stock, Chief Justice Tirath Singh Thakur observed that the Army should dispose of the explosives.
The petitioner, advocate H C Arora, had submitted that according to information received by him under the Right to Information Act from Assistant Commissioner of Customs Container Freight Station (CONCOR), Ludhiana, the stock of explosives includes 55 stick bombs, 365 grenades, 54 boxes of bottle bombs, one box of ballistic cartridges, 215 golas (tope) medium, 857 mortar shells, 234 rockets, 1 drum magazine filled with live cartridges, one box of medium cartridges, three large bomb shells, 17 gun golas (32 miles), 6908 cartridges MMG, 1007 medium gun shells, 189 small gun shells, one unknown bomb, 392 small gola (tope) cells, 891 anti-aircraft cartridges, 239 cartridges (A/T), 30 base rockets and 11 grenades (A/P).
Express News Service
Posted online: Tuesday , August 26, 2008 at 03:55:28
www.expressindia.com

Percentile system: After split verdict, third judge to hear matter
http://www.expressindia.com/latest-news/Percentile-system-After-split-verdict-third-judge-to-hear-matter/353452/
Mumbai, August 25 After the division bench hearing the PIL regarding the implementation of percentile system deferred in their verdict, the matter now will have to be heard by a third judge.
The split verdict came after a division bench of Chief Justice Swatanter Kumar and Justice A P Deshpande passed two verdicts as they did not reach similar conclusion.
While Chief Justice Kumar quashed the government resolution implementing the percentile formula, Justice Deshpande held that it is permissible and not illegal.
The court had earlier reserved the verdict on the PIL challenging the percentile system which sought to ‘normalise’ marks obtained by students of various boards for admission to junior colleges.
The public interest litigation was filed by a parent of an ISCE student, aggrieved with the newly implemented normalization policy for admission to junior colleges.
Chief Justice Kumar in his judgement restrained the government from acting upon the resolution but stated that the admissions already given on the basis of the formula will not be disturbed.
“Remaining vacant seats and additional 10 per cent seats sanctioned and allowed by state particularly in the preferential colleges shall not be filled upon the basis of the percentile formula,” Chief Justice Kumar held.
“The admission would be strictly on merit-cum-choice with reference to the percentage of marks obtained by students in qualifying examination,” he added.
Chief Justice Kumar, however, concluded that “till judgment is pronounced by a third judge, the state injuncted from making any further admissions” with certain exceptions and disposed the petition.
Justice Deshpande on the other hand held that “the introduction of the statistical formula of “percentile” goes to achieve normalization of percentage of marks secured by the students from different boards and hence is not violative of Article 14 of Constitution”.
“I also hold that assuming that the percentage formula extends some benefit or preference to the students from SSC board the same is permissible and not illegal,” Deshpande held and dismissed the petition.
During the course of hearing, court did not stay the admission process. As a result the admission process is over in most colleges. But court had specified that the whole process would be subject to the outcome of the judgement.
Government pleader Jyoti Pawar, had earlier told the court there were still vacancies in several colleges in Mumbai. At the state level there were 97,239 vacancies, while in the city there were around 1,900 vacancies.
But the court asked whether these vacancies were in colleges not preferred by the students?
The government lawyer conceded that most of the “eminent” colleges in the city had no vacancies.
Court had asked the government to furnish list of “colleges preferred by the students”, and also aggregate figures of intake capacity and admitted students at the state level, before reserving the judgement.
The percentile system suggests re-marking of all students by calculating average marks of the top 10 scores of certain divisions (like Mumbai and Pune) in the state and considered as ‘A’.
The actual percentage scored by a student will be noted as ‘M’ and the revised scores will then be calculated by the formula ‘M/A’*100.
Express News Service
Posted online: Tuesday , August 26, 2008 at 04:56:25
www.expressindia.com

High Court decides to vet Paripoornan panel report
http://www.newindpress.com/NewsItems.asp?ID=IER20080826012248&Page=R&Title=Kerala&Topic=0
KOCHI: A Division Bench of the Kerala High Court on Monday directed the Court’s Registry to separately number the report of Justice Paripoornan panel and place it as such before the court for considering the various suggestions and recommendations made by the Commission for revamping the administration of the Travancore Devaswom Board.The Bench comprising Justice P R Raman and Justice T R Ramachandran Nair declined to consider the correctness of the findings and recommendations of the high-power commission headed by Justice K S Paripoornan while considering the writ petition filed in 2006 by C Radhakrishnan and N Aravindakshan of Alappuzha alleging irregularities and corruption in administration of the Board and praying to remove the then Board members.The court said that the recommendations would be considered in appropriate proceedings since they related to various aspects concerning the administration of the Board.The Bench declined to expunge the adverse observations made by the Commission against thantri Kandararu Mohanaru, Sabarimala executive officer Unnikrishnan, chief engineer Ravikumar and Devaswom commissioner, Satchidanandan and others.The commission in page 90 of the report had expressed the view that the thantri was not aware of Vedas, he had no knowledge of Sanskrit and doubted his knowledge of ‘pooja vidhies’.The court said that it could not sit in appeal over the findings of the Commission as the Commission came to the finding while considering the allegations against the selection of ‘shanthis’ in various temples by a committee in which thantri Mohanaru was the subject expert and knowledge of poojas and Sanskrit being of the essential qualification of the aspirants.The court made it clear that any finding of the Commission against any person would be subject to the right of that person to vindicate his grievances in appropriate proceedings and will be allowed to adduce evidence in his defence if the government or the Board initiated any proceedings on the basis of the findings of the Commission.The court said that as the government and the Board had expressed their agreement with the findings of the Commission it is up to them to take steps regarding the findings by the Commission on the allegations which had been found correct.The court turned down the plea that it should re-assess the evidence relied upon by the Commission to arrive at correctness of the findings. “We cannot go into such an exercise in his proceedings (writ proceedings) without adducing the evidence, the court said.Tuesday August 26 2008 01:23 IST
Express News Service
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Most web users have ‘Scrabulous’ blocked
http://www.hindu.com/2008/08/26/stories/2008082656952000.htm
KOLKATA: The networking site, Facebook, has restricted the popular “add-on” application, ‘Scrabulous’ to most users after receiving a letter from Mattel Inc, Jayant Agarwalla, one of the creators of Scrabulous.com, told The Hindu here on Saturday.
Mattel Inc. owns Scrabble rights outside Canada and the United States of America and had approached the Indian courts in February 2008, seeking an order for taking down Scrabulous from Facebook and other servers.
The brothers, Rajat and Jayant Agarwalla, and their web-design and technology company, R J Software, were previously served a lawsuit by game-making giant Hasbro Inc., owner of Scrabble rights in Canada and the U.S. , at a New York federal court for violating its copyright and trademarks. Hasbro also sent a notice demanding that Facebook remove the application from the site. “Facebook took the unfortunate decision to restrict most users from accessing Scrabulous on August 22, in response to a ‘take down notice’ from Mattel on August 14,” said Mr. Jayant.
Mr. Jayant said, “The High Court had reserved judgement in this matter after hearing both parties. It surprises us that Mattel chose to direct Facebook to take down Scrabulous without waiting for the High Court’s decision.” He also sounded disappointed with Facebook as he said, “It is even more astonishing that Facebook, which claims to be fair and neutral party, took the step even though they were fully aware of the circumstances under which the Mattel letter was sent.”
“We now await the decision of the High Court and shall accordingly decide our future course of action regarding Scrabulous,” Mr. Jayant asserted.
Tuesday, Aug 26, 2008

Raktima Bose
www.hindu.com

High Court to hold day to day hearing
http://www.expressindia.com/latest-news/High-Court-to-hold-day-to-day-hearing/353374/
Judge’s appointment case: bar council to step in
The Allahabad High Court dismissed the objection raised by the Additional Solicitor General of India Ashok Nigam on Monday. According to Nigam, the petitioner had no locus standi to challenge the appointment of Dr Satish Chandra as the High Court judge.
The Division Bench, comprising Justice Shushil Harkauli and Justice Vikram Nath, has decided to hold day to day hearing on the petition filed by Advocate M C Gupta, which alleges that the appointment is unconstitutional.
The court accepted the plea of the Counsel for the petitioner Senior Advocate Ravi Kiran Jain for a day to day hearing with a rider. In this case, if either of the two judges was absent, the case would be heard on the next date.
In a significant development, president of the Allahabad High Court Bar Association V C Mishra requested the court to allow the association to become a party to the case. He informed the court that the bar had decided to intervene in the case and would file an application on Thursday.
Additional Solicitor General of India Ashok Nigam and Sambhu Chopra, Counsel for the Union of India, and S P Gupta, Counsel for the Allahabad High Court, were also present. Earlier, two division benches of the court had refused to hear the case.
In his petition, Gupta alleged that Dr Satish Chadra had neither put in 10 years of practice as a High Court advocate nor had he held a judicial office under the HC, as per the norms of the Constitution.
The petitioner says:
Counsel for the petitioner, meanwhile, said that information on the official website of the High Court about Satish Chandra was scanty, as compared to the information available on other judges. Only one relevant fact revealed on the website regarding Satish Chandra was that he had worked as a judicial member of the Income Tax Appellate Tribunal. The petitioner searched the official website of the Income Tax Appellate Tribunal, Jaipur, where his personal profile and career profile was fed. The petitioner found that the career profile of Satish Chandra baffling and full of gaps and loose ends. For instance, it does not mention as to from where he obtained his LLB, LLM or LD degrees. It also does not throw any light on his career as an advocate. Nine years from 1975 to 1984 are explained by mentioning that either he was with the Law Commission of India or was the constitutional advisor to the Government of Zanzibar. In between, he has also taught in certain law colleges, names of which have not been mentioned. The petitioner challenged the information that of Chandra being a High Court judge of Zanzibar, Tanzania. His name was also not enrolled as a High Court bar member, said the petitioner. Being a member of the Income Tax Appellate Tribunal as per terms in Section 252 of the Income Tax Act, does not amount to holding a judicial office belonging to the judicial service of the High Court.
Vijay Pratap Singh
Posted online: Tuesday , August 26, 2008 at 02:07:03
www.expressindia.com

Not just gas, Ambani brothers have at least a dozen issues to resolve
http://economictimes.indiatimes.com/News/News_By_Company/Corporate_Trends/Not_just_gas_Ambani_brothers_have_at_least_a_dozen_issues_to_resolve/articleshow/msid-3404849,curpg-1.cms
MUMBAI: It’s not just gas that the Ambani brothers are fighting over, there’s much more. A string of disputes between the brothers, which were till now not in the public domain, have surfaced in the documents produced in the Bombay High Court where Mukesh Ambani’s Reliance Industries (RIL) and Anil Ambani’s Reliance Natural Resources (RNRL) are locked in a battle over the supply of gas from RIL’s KG basin. These documents reveal that the Ambani brothers are yet to sort out at least a dozen issues three years after they signed a memorandum of understanding to divide the assets of the Reliance empire. These are in addition to their tussle over the supply of gas involving $50 billion. The long list of unresolved issues include: immovable properties such as the building in Bandra Kurla Complex (BKC), referred to as the Fortune 2k building, a property in Mehrauli on the Delhi-Gurgaon highway, Richmond Road property in Bangalore, some residential flats occupied by RIL employees, and moveable properties such as shares of some companies which formed a part of the Anil Ambani group after the division of assets in June 2005.
The combined value of these assets could be a few thousands crores. The shareholding of Reliance Welfare Association (RWF) in RNRL, Reliance Capital (RCL), Reliance Communications (RCOM) and Reliance Infrastructure (Ref Infra) was to be transferred to Anil Ambani, according to the Anil Ambani Group’s version of events. RWF holds nearly 12 lakh shares in each of these companies. On Monday’s closing, the total valuation of these shares stood at Rs 330 crore. E-mails sent to both the groups on August 20 remained unanswered. RIL and ADAG spokespersons declined to comment on the issues. However, a source close to ADA Group told ET: “We have not received a single property as promised in the MoU. They (RIL) are building Reliance Retail malls in some of them. Also, they are occupying most of the Reliance Centre in Ballard Estate, which they were supposed to vacate after the demerger. The cost of these properties put together would easily surpass few thousand crore.” RNRL counsel Mukul Rohatgi told ET last week: “We would let go of all these issues if they (RIL) agree to give us a firm quantity of 28 mmscmd of gas at $2.34 per mmbtu for 17 years.” Besides the dispute over the supply of gas, the list of other thorny issues include the no-compete agreement and agreement over use of the brand.
After a prolonged and bitter battle, the Ambani brothers signed a memorandam of understanding to divide assets between themselves on June 18, 2005. The broad contours of the agreement suggested that the Reliance empire would be divided between the brothers, handing over the oil and gas business to Mukesh while Anil would get power, telecom, financial services and entertainment business. Some properties were to go to Anil to compensate him for the lower valuation of his share of business compared to Mukesh. The list of properties, which were supposed to be handed over by Mukesh to Anil, are mentioned in an e-mail sent by legal firm Amarchand Mangaldas & Suresh Shroff managing partner Cyril Shroff to some key executives of both the camps, including Mukesh and Anil. The other recipients of the mail were ICICI Bank’s chairman KV Kamath and its joint MD Kalpana Morparia who had helped Kokilaben, mother of Mukesh and Anil, to divide the Reliance empire. This e-mail formed a part of the exhibit filed by RIL with the high court in the case against RNRL. The e-mail, dated March 1, 2006, listed the 19 outstanding issues. A source close to the development said though some issues are resolved, most of them are yet to be sorted out.
26 Aug, 2008, 0000 hrs IST,Piyush Pandey, ET Bureau
http://economictimes.indiatimes.com

Jaipur blasts get official SIMI link, SC extends ban
http://www.indianexpress.com/story/353289.html
Arrest in Lucknow Computer centre operator Shahbaz held
JAIPUR, LUCKNOW, AUGUST 25: On the day the Supreme Court extended by six weeks its interim order continuing the ban on the Students Islamic Movement of India (SIMI), the Rajasthan police announced a breakthrough in the Jaipur blasts investigation, saying they had arrested SIMI activist, Shahbaz Hussain, in Lucknow and were bringing him to Jaipur.
Police claimed Hussain was involved in planning the May 13 Jaipur blasts which left 68 people dead and another 150 wounded. They traced him on the basis of information provided by Sajid Mansuri, a SIMI activist arrested for the July 26 Ahmedabad serial blasts. Abrar Ali, a medical student, had recently told police that Mansuri alias Salim was in Jaipur for two days before the blasts.
Rajasthan Additional DGP A K Jain, who heads the SIT probing the blasts case, said: “We believe this is a major breakthrough as Hussain is possibly the one who planned the Jaipur terror strike. He was arrested in Lucknow on Sunday night and will be brought to Jaipur either Monday night or Tuesday morning.”
“We managed to get information about Hussain from Sajid Mansuri in Ahmedabad. Mansuri and Hussain could be the main links to the Jaipur blasts case,” Jain said. DIG Saurav Srivastava, who had been questioning SIMI suspects in Ahmedabad, is returning to Rajasthan.
Shahbaz, who hails from Kot Bazar locality of Bhadohi district, was held near the Women’s College in Maulviganj in Lucknow. He runs a computer centre in Maulviganj. “As per our information, Shahbaz can disclose names of the persons who purchased bicycles that were used in the blasts,” UP police sources said.
The sources claimed Shahbaz, during his brief interrogation in Lucknow, admitted to links with the Safdar Nagori group of SIMI and even attended a meeting organised in Madhya Pradesh last year.
Express News Service
Posted online: Tuesday, August 26, 2008 at 0109 hrs
www.indianexpress.com

SC to hear UP sugarcane price case on September1
http://www.business-standard.com/india/storypage.php?autono=332470
The Supreme Court today decided to hear the case related to Uttar Pradesh state advised price (SAP) for sugarcane in the current crop year on September 1.
The case was to be taken up on Monday as the apex court, in its previous hearing, had adjourned the hearing by a week. The case relates to UP Sugar Mills Association’s challenge to the Allahabad High Court order upholding the support price set by the state government.
The high court, in its earlier interim order, had allowed mills to pay Rs 110 a quintal, but had later revised its own order and asked mills to pay Rs 125 a quintal state advised price for normal varieties.
Two sugar mills — Bajaj Hindusthan and Basti Sugar Mills — had filed writs in the high court, challenging the SAP was much higher than the central government’s support price. The centre has fixed a statutory minimum price of Rs 81.18 a quintal for the current sugar year.
Newswire18 / New Delhi August 26, 2008, 3:21 IST
www.business-standard.com

SC extends Simi ban for six more weeks
http://economictimes.indiatimes.com/PoliticsNation/SC_extends_Simi_ban_for_six_weeks/articleshow/3405318.cms
The Supreme Court on Monday extended its stay on the tribunal order which lifted the ban on Simi. “We are extending the stay on the Tribunal’s order by another six weeks,” said a bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam. Additional Solicitor General Gopal Subramanium appearing for Centre said that members of Simi were indulged in the anti-national activities even after the ban imposed on the outfit. It was glossed over by the Tribunal, said Subramanium. In support, Subramanium said that the there were 7 serial blasts in local trains of Mumbai and its suburb on September 11, 2006. Simi was involved as a major conspirator in this case, said Subramanium. The ASG further cited another criminal case registered against members of Simi. Perusing the additional affidavit filed by Centre, Subramanium drawn attention to the fact of the case. According to Centre, on August 1, 2006, information was received that member of Simi, namely, Shabbir from Malegaon and Nasif from Mumbai were preparing for committing some acts of sabotage and disrupting public peace during Ganesh Utsav festival in the commercial capital with an intention to cause damage to life and public property. A case was registered against them which is still pending, said government. This was, however, opposed by Dr Shahid Badr, who was the president of Simi till September, 2001 when it was banned for the first time. Advocate Kamini Jaiswal appearing for Badr said, all the plea of government on the number of cases against the members of Simi was a mere allegations. The government’s claim that 176 cases were registered against the members of Simi in Madhya Pradesh and 77 cases in Rajasthan was a mere allegations, said Ms Jaiswal. Further, the central government was expected to produce the material before the Tribunal in support of its notification. Instead it said that the state governments were to produce such material, said Ms Jaiswal. “The state should act fair in dealing with such cases” , said Jaiswal. Countering this, Subramanium said that even the Tribunal while quashing government’s notification of February 7, 2008 had acknowledged that there were increase in violent activities between 2006-08 . The Tribunal had said so on the basis of the material places before it, said Subramanium. Subramanium, however, picked holes in the findings of the Tribunal. It failed to appreciate the ‘background note’ , ‘cabinet note’ and ‘intelligence reports’ before arriving at its decision to lift the ban on Simi, said Subramanium. “The intelligence sources and secret surveillance conducted by the police authorities has made it clear that the accused persons are members of the Respondent organisation (Simi) and have nexus also with international terrorists outfits,” said government in its additional affidavit.
26 Aug, 2008, 0351 hrs IST, OUR POLITICAL BUREAU
http://economictimes.indiatimes.com

SC frustrates Shahabuddin bid to play ‘Muslim victim
http://economictimes.indiatimes.com/News/PoliticsNation/SC_frustrates_Shahabuddin_bid_to_play_Muslim_victim/articleshow/3405375.cms
The Supreme Court on Monday thwarted the attempts of RJD MP Mohammad Shahabuddin to play the ‘Muslim victim’ card by rejecting his contention that he was being ‘targeted by his rivals’ because he was a Muslim. A bench comprising Justice R V Raveendran and Justice J M Panchal dismissed the special leave petition of the jailed RJD MP, seeking bail in the case. “In an arms act case, the maximum sentence is 7 years. You (Shahabuddin) have served only a little over two-and-half years” said Justice Raveendran speaking for the bench. Advocate Pranay Ranjan appearing for petitioner MP said that the prosecution was deliberately delaying proceedings to keep the accused in jail in the case. Shahabuddin, arrested from his official residence in Delhi, was put on transit remand . He was brought to Siwan jail on November 6, 2005, in connection with the Arms Act case registered against him at Hussainganj police station. Police had allegedly recovered sophisticated foreign-made arms from his Pratappur house during the raids. The MP, who is serving life imprisonment in a kidnapping and murder case relating to a CPI-ML activist, said that “under the influence of his political rivals, the district administration and state police has implicated him in several false and concocted criminal cases, with the motive to brand him as an extremist as he belongs from the minority community.” “The petitioner is an elected member of Parliament from the constituency of Siwan , Bihar. He is popular leader of the state of Bihar as well as of Siwan district and has been elected from the same constituency for four consecutive terms. He has worked hard in all spheres for the welfare and growth of the people of Siwan. Due to his activist personality and popularity among the people of state of Bihar, his political rivals are jealous and indulged in defaming him on different counts,” the RJD MP had said. eBay chief get relief from apex court The Supreme Court on Monday stayed proceedings against eBay chairman Avinash Bajaj for auctioning of a pornographic video clip at Baazee.com, where he was then managing director, reports Sanjay K Singh from New Delhi. The company was later acquired by eBay. A bench comprising Justice Altamas Kabir and Justice Markandey Katju asked Delhi Police why proceedings against Bajaj should not be quashed. It has been given eight weeks to reply to the notice. Appearing for Mr Bajaj, senior counsel Arun Jaitley asked: Can a per-son be prosecuted for a merely listing of the alleged clip on the portal which was later removed when it was found pornographic?” What is interesting was that the company was not made an accused in the case but its then MD was made, which is illegal, contended Mr Jaitley. Mr Bajaj in his special leave petition said that Section 67 of the Information Technology Act, 2000, does not define the term obscenity. Can liability be fixed on him for merely ‘listing’ of the video clip even if it was obscene, asked Bajaj.
26 Aug, 2008, 0409 hrs IST,Sanjay K Singh, ET Bureau http://economictimes.indiatimes.com

Corpn gets HC notice on two roadside temples
http://www.rtiindia.org/forum/6453-corpn-gets-hc-notice-two-roadside-temples.html
CHENNAI: Two pavement temples – both “badly affecting pedestrian movement and free flow of traffic” on NSC Bose Road in Parrys Corner area – have been brought under judicial scrutiny. Both of these structures have been provided with electricity and telephone connections, says a public interest writ petition filed by Traffic K R Ramasamy. The first bench comprising chief justice A K Ganguly and justice F M Ibrahim Kalifulla, admitted the petition, and ordered the Chennai Corporation to file its response within three weeks. The petitioner, who has filed several PILs to decongest the George Town area in the past, now seeks a direction to the Chennai Corporation commissioner and secretary of the municipal administration department to demolish the temples and ensure free movement of pedestrians and vehicles. While the first temple is located just adjacent to the main gate of the Madras high court, the other is located on the Armenian Street-NSC Bose Road junction. A godown has been constructed on the rear side of the second temple , said the petitioner.Ramasamy, referring to the details obtained from the civic authorities following an application under the Right To Information (RTI) Act, said the competent official of Zone II had given a reply confirming that both the structures were encroachments. Also, officials have issued eviction orders under Section 362 of the Madras City Municipal Corporation Act 1919, and on July 7, the civic body had issued a demolition order, Ramasamy said. http://timesofindia.indiatimes.com/C…pn_gets_HC_notice_on_two_roadside_temples_/articleshow/3398319.cms
as reported in Times of India, 24 Aug 2008, TNN
www.rtiindia.org

Company cannot be sued through 4 different officials: HC
http://economictimes.indiatimes.com/News/PoliticsNation/Company_cannot_be_sued_through_4_different_officials_HC/articleshow/3399484.cms
MUMBAI: In a recent case, Nagpur bench of Bombay High Court imposed cost on one of the parties before it for unnecessarily impleading four officers of the same company in its suit. “A company cannot be sued through four different officers on account of wrong impleadment lot of time of this Court as well as that of the trial Court has been wasted,” Justice A P Lavande observed. The original suit, pending before the Joint Civil Judge, Senior Division, Nagpur, was filed by Amar Sales Corporation (ASC) against Pieco Electronics and Electricals Ltd.(now Philips India Ltd.). While making Pieco a respondent, ASC impleaded Pieco’s chairman-cum-managing director, its general manager, its executive director and one of its sales executives R N Mishra in the suit. During the trial, Pieco’s lawyers claimed that Mishra was actually assisting ASC, the plaintiff. So the Court rejected Mishra’s evidence from Pieco’s side. Mishra challenged this order before the High Court.
24 Aug, 2008, 1507 hrs IST, PTI
http://economictimes.indiatimes.com

No disability pension for Armyman hurt in personal work: HC
http://timesofindia.indiatimes.com/Delhi/No_disability_pension_for_Armyman_hurt_in_personal_work_HC/articleshow/3401178.cms
NEW DELHI: An Army man cannot claim disability pension for an injury resulting from an activity not connected with military service, the Delhi High Court ruled. “Injury or death resulting from an activity not connected with military service would not justify a claim for disability pension. This is regardless of whether the injury occurred at the place of posting or during the working hours,” the special Bench observed. A Bench comprising justices Vikramjit Sen, Sanjeev Khanna and S L Bhayana, passed the verdict following a difference of opinion between the judges in a division Bench. The court dismissed a plea of Ex Naik Dilbagh for disability pension in addition to family pension. In a petition, Dilbagh claimed for the pension after receiving head injury in an accident on Delhi-Panipat road while he was going for the his child’s admission in 1993.25 Aug 2008, 0606 hrs IST,PTI
http://timesofindia.indiatimes.com

Percentile case: HC gives a split verdict
http://www.zeenews.com/articles.asp?aid=464369&sid=REG
Mumbai, Aug 25: The Bombay High Court on Monday gave a split verdict on petitions challenging the percentile system, introduced this year for Standard 11th admissions. Since two judges gave differing judgements, the case will be referred to a third judge. Chief Justice Swatanter Kumar, in his judgment, set aside the government resolution, which introduced the system and said that admissions already given cannot be disturbed. Admissions to the remaining seats will not be conducted according to percentile formula, Chief Justice said. On the other hand, Justice A P Deshpande, while dismissing the petition, held that the percentile formula did not violate the principle of equality enshrined in the Constitution. As a result, the issue of the percentile system will remain inconclusive till the third judge gives his ruling. The petitions filed by Francis Louis Zaviers and others, objects to the percentile system which seeks to normalise marks obtained by SSC board students and students from other boards such as the ICSE and CBSE. The petitioner contended that the system gave unfair advantage to the SSC board students in the admission process. Bureau Report
www.zeenews.com

HC issues notice to Ten Sports for not showing matches on DD
http://www.hindu.com/thehindu/holnus/002200808251969.htm
New Delhi (PTI): The Delhi High Court on Monday issued show-cause notice to Ten Sports for not sharing feed of India- Sri Lanka ODI matches with Doordarshan in alleged violation of the government’s notification on content sharing with Prasar Bharati.
A Bench comprising Justice Manmohan Sarin and Justice Veena Birbal sought response from Ten Sports by Tuesday on a petition filed by a cricket buff Ravi Dev Gupta seeking direction to Prasar Bharati to telecast the remaining (two) matches of the current ODI series.
“Show-cause notice be issued to Ten Sports as to why this court should not prohibit Ten Sports from telecasting matches scheduled for tomorrow and on August 29 unless they (Ten Sports) share live feed with Prasar Bharati,” the court said.
D K Singh, counsel for the petitioner, contended that government had issued notification on October 3, 2007 under Sports Broadcasting Signals (Mandatory Sharing of Feed with Prasar Bharati) notifying ODIs and T-20 cricket matches involving India as matches of national importance — feed of which should be shared with Prasar Bharati by the respective telecast rights owner.
Counsel for Prasar Bharati Rajeev Sharma informed the court that on the request of public broadcaster, the Ministry of Information and Broadcasting has issued notice to Ten Sports for violating Sports Broadcasting Signals notification and threatened to cancel the channel’s licence.
Directing the registry and the counsel for Centre to send the show-cause notice to the sports channel, the court indicated that it would pass ex-parte interim order if the channel failed to file its response by Tuesday
Monday, August 25, 2008
www.hindu.com

Housing scam: Delhi HC guidelines for allotment of flats
http://www.zeenews.com/articles.asp?aid=464393&sid=REG
New Delhi, Aug 25: The Delhi High Court on Monday directed the Registrar of Co-operative Societies to start the process for allotment of flats in those group housing societies which were given a clean chit by the CBI in the housing scam case. Formally issuing the guidelines for the allotment, a Division Bench of Justice Manmohan Sarin and Justice Veena Birbal appointed a new committee headed by retired Justice R C Chopra for approval of the recommendations submitted by the societies and the Registrar’s office. Asking 58 group housing societies which were given a clean chit by the CBI, to furnish all information along with the list of members to the office of Registrar within 15 days, the Bench said the committee would submit a report for issuing an appropriate order to DDA for draw of lots. The societies were also directed to publish in news papers proposals regarding the clearance of membership for allotment of flats by draw of lots as approved by the Registrar in addition to submit a revised proposal, if any, in a month after the publication to the Registrar. After receiving complete documents from the societies, the document would be scrutinised by the Registrar office in 15 days and at the time of verification, an authorised person of the concerned society shall be present, the Bench said in a judgement. Following the examination of records, the Registrar office should forward, the matter to be referred to the committee, comprising officials of RCS officials, set up under the Delhi Co-operative Society rule, the court said. The bench directed the Registrar to submit a report before Justice Chopra committee which would finally approve the proposals and this very committee would submit a report before the court for appropriate order. The CBI had registered FIRs against Senior RCS Officer for allegedly manipulating membership lists of some existing housing societies and registering new societies in fake names in connivance with alleged middleman, S P Saxena, and some other government officials. However, after the probe the CBI found no discrepancies in the records related to 58 societies and gave a clean chit to them. Following CBI’s report, the Court directed it to start the process for allotment of flats in these societies. Bureau Report
www.zeenews.com

Jermyn Capital moves SC against SEBI ban
http://www.business-standard.com/india/storypage.php?tp=on&autono=41571
Press Trust of India / New Delhi July 04, 2008, 19:09 IST
Dubai-based investment firm Jermyn Capital LLC today moved the Supreme Court challenging market regulator SEBI’s decision to ban it from trading in the Indian securities market for its alleged association with Ketan Parekh, the main accused in the 2001 stock market scam.
A bench headed by Justice Altamas Kabir after brief hearing gave two weeks time to the company to file an affidavit giving details about their sale transactions in the market between May to June 2006 after the sectoral tribunal had on May 8, 2006 allowed it to trade only through the stock exchanges and registered stock brokers in accordance with law and credit the sale proceeds in the bank account maintained with ICICI Bank.
It had also directed the bank to put the money in a fixed deposit.
Jermyn, a sub-account of FII Taib Bank, has challenged the Securities Appellate Tribunal (SAT) decision that upheld the ban imposed by the regulator on the ground that the action was justified as the investment company had close links with Dharmesh Doshi and Parekh, involved in the 2001 stock market scam.
According to the company, it had been held that it was not a ‘fit and proper’ person even though there were no charges against it and its directors.
Denying allegations against Doshi, Jermyn counsel Jayant Bhushan said that he was one of the directors of Jermyn UK and no charges had been framed against him in any court of law till now and the UK’s Financial Services Authority was fully aware about the proceedings against Doshi in India. Besides, he had no association with Parekh, he added.
While stating that SAT had made adverse remarks against its chairman Hugh Hamilton Andrews, it said that such findings were “perverse and arbitrary” and sought to malign his reputation by inferring upon his alleged closeness with Doshi due to his professional association.
www.business-standard.com

FAILURES OF INDIAN JUDICIARY
http://indiapolicelaw.blogspot.com/2008/07/failures-of-indian-judiciary.html
Editorial : WHO WILL BELL THE CORRUPT FEW AMONG INDIAN JUDICIARY & INDIAN POLICE ?When the fence itself eats into the crop which it has to protect , when the doctor himself kills the patient whom he has to treat , when the mother supposed protect her child kills it herself , when the king supposed to protect his subjects himself kills them , WHEN THE POLICE & JUDGE SUPPOSED TO GIVE JUSTICE , PROTECT HIS CITTIZENS HIMSELF MEATS OUT INJUSTICE , where to appeal ? it is nothing but anarchy. These corrupt few are also bringing disgrace to the august institutions they occupy & are also making contempt of those very offices they hold & making contempt of citizens of India.Who will dare to bell the fat , corrupt cats & save democracy in India.Your’s sincerely,Nagaraj.M.R.INDIAN JUDICIARY UNDER RTI PURVIEWThe corrupt among public servants always give a ruse , reason to escape from accountability. Recently government of Karnataka under president’s rule has enacted a rule limiting the number of informations sought in RTI application to 3 . already bureaucrats are successful in exempting official file notings from RTI purview. These file notings are the basis on which official decisions are taken by superiors , so if one wants to know the intention behind an official decision it is imperative to know all the notings.Police apply 3rd degree torture on accussed , ask questions for hours in the name of extracting truth , the same police are afraid to answer questions lest the truth come out. In the courts of law , numerous questions are asked , cross examination done to extract truth . if one remains silent it amounts to confession / agreeing to all charges leveled. In courts of law , during cross examination one must give straight forward answers , one cann’t give vague answers nor state excuses for not answering a question. If one doesn’t give straight forward answers that also is considered as agrreing to the charges levelled. The courts go to any length to extract answers to it’s questions , take for example rape cases in the backdrop of our Indian tradition. In the courts of law , the rape victim – woman who has already suffered injustice , shame is made to depose before male judges , lawyers who are total strangers and made to repeatedly explain how the crime of rape was committed. So once again the victim is made to suffer more shame in the society. For the courts answers to questions , cross examination , legal procedures is more important than honour of woman. The very same judges are afraid to answer questions , cross examination under one pretext or the other lest the truth come out. Even our people’s representatives – MPs , MLAs , etc are afraid to speak out truth , to honour RTI act citing legal privileges , etc. in India , during appointment of persons to government service back ground check & clearance by police is mandatory & during appointment into sensitive defense , space , atomic energy establishments , etc apart from police verification , investigation by intelligence agencies is a must. No such thing for our MLAs , MPs . However now criminalization of politics is almost in India , some of the accussed are drafting laws like IPC , Indian defense rules , police code , purviews of judiciary , etc. they are drafting laws to legalise their crimes. The election commission of India is not properly verifying the affidavits of candidates , also the vigilance authorities , lokayukthas are not properly verifying the affidavits of sitting MLAs , MPs , etc. More than RTI ACT , to seek information is part of every Indian citizen’s fundamental rights & human rights , RTI ACT is just fulfilling that right partly & fixing a time frame. Nobody , no constitutional functionary is higher than Indian citizens , nobody’s privileges or any laws prevailing over the fundamental rights & duties of Indian citizens is constitutional , just or legal . The shame is that even after 60 years of independence , FUNDAMENTAL RIGHTS & DUTIES OF INDIAN CITIZENS is observed more in breach than implementation , by our public servants including the judiciary .Hereby , we urge all the public servants – judges , police , people’s representatives to honour RTI ACT , to honour Indian citizen’s fundamental & human rights and to facilitate them to perform their fundamental duties. The silence of public servants to the questions asked or vague answers , ruses by public servants amounts to confessions , agreeing to the questions , charges leveled & crimes committed .Let the TRUTH prevail. Jai hind. Vande mataram.Your’s sincerely,Nagaraj.M.R.Judiciary under RTI Act, says parliamentary panelNew Delhi, April 29A parliamentary committee today held that judiciary comes under the purview of the Right to Information law with regard to all activities of administration except “judicial decision making.” “Except the judicial decision making, all other activities of administration and the persons included in it (judiciary) are subject to RTI Act,” said the report of the Parliamentary Standing Committee on Personnel, Law and Justice.The opinion of the committee headed by E.M. Sudarsana Natchiappanan comes against the backdrop of a raging controversy over whether the judiciary comes under the RTI purview. Chief Justice of India K.G. Balakrishnan had recently said the CJI is a constitutional authority and does not come within the purview of the RTI Act.The committee, which went into the demands of grants for the personnel ministry and discussed the interpretation of Section 2 (h) of the RTI Act, that is, definition of public authority, said the provision is very clear that all constitutional authorities come under the definition of public authority. The committee had examined in detail every clause of the RTI Act, 2004 and was conscious of the fact that all wings of the state, executive, legislature and judiciary, are fully covered under this Act since all organs of the state are accountable to the citizens of India in a democratic state. “It is more so since the judiciary is having a dual role as (i) administrative function and (ii) judicial decision making. AN APPEAL TO HONOURABLE CENTRAL INFORMATION COMMISSIONER , NEW DELHI & STATE INFOR MATION COMMISSIONER , BANGALORE.We at e-voice of human rights watch has requested for following information ( ANSWERS TO THE FOLLOWING QUESTIONS ) from honourable CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI , UNION HOME SECRETARY , GOI , NEW DELHI , DG&IG OF POLICE , GOK , BANGALORE , COMMISSIONER , BANGALORE DEVELOPMENT AUTHORITY , BANGALORE & COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE , as per RTI Act . All of them have failed to provide complete truthful information to us. Full Case details are given at following web page,RTI APPEAL TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIAhttp://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,RTI APPEAL TO UNION HOME SECRETARY , GOI , NEW DELHIhttp://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,RTI APPEAL TO DG&IG OF POLICE , GOK , BANGALOREhttp://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,RTI APPEAL BDA COMMISSIONER , MUDA , MYSOREhttp://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,http://crimesatmudamysore.wordpress.com/ ,RTI APPEAL TO BDA COMMISSIONER , BDA , BANGALOREhttp://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,Hereby , we do once again request you to order the said public servants – to comply with RTI Act & to provide the full information to us at the earliest. JAI HIND. VANDE MATARAM.Your’s sincerely,Nagaraj.M.R.INDIAN JUDICIAL & LEGAL SYSTEM INDIRECTLY IN THE CLUTCHES OF MAFIAIn India , justice , equality & democracy an illusion . all those words are only there is in statuette books , but not in practice . the rich & mighty crooks are committing gravest crimes & escaping from the hands of law by manipulating evidences , by bribing the public servants to create favourable government reports , records. Poorpeople who have suffered injustices are not getting justice due to lack of evidences & government reports , records to prove their case.CORRUPTION IS THERE RIGHT FROM GOVERNMENT MATERNITY HOSPITAL UPTOGRAVEYARD , THROUGHT THE WALK OF ONE’S LIFE.The corrupt public servants are more cruel , damaging criminals than our previous british oppressors or dawood ibrahim & other under world dons. The gravest threat , damages to india’s security & national integrity is more from these corrupt public servants than Pakistan or china or other terrorist outfits. These corrupt public servants can stoop to any level in their greed for money. The present state affairs is a shame to our political & legal system and a barometer , indicator to their efficiency.Recently , we have seen in the media , how people of bihar meated out mob justice to a criminal , that will be the fate of corrupt police , doctors , other officials in the future. But the violence is not the answer , that will only lead towards anarchy. We must establish true democracy of bapuji’s dreams , true freedom , equality for all in practice for which so many of our fore fathers , freedom fighters sacrificed their life for. THE ANSWER LIES IN ACCOUNTABILITY OF PUBLIC SERVANTS , ALL CONSTITUTIONAL FUNCTIONARIES INCLUDING JUDGES , TO THEIR PAY MASTERS – MONARCHS OF DEMOCRACY ie CITIZENS OF DEMOCRATIC INDIA. Hope this will dawn on our public servants that they are PUBLIC SERVANTS NOT PUBLIC MASTERS.Failure of RTI Act in India- In the clutches of corrupt public servants mafiaIn the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.The corruption has spread it’s tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials � police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official � police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India � kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.We at e � voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala. Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ? Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?In India , do we truly have democracy & freedom ? is this corrupt India � what our freedom fighters dreamt of & fought for ?History of Corruption in Indian Judiciary since Independence: 1947 – 2003 1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him “guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…” [008.07]. Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.Peoples’ Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators.1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts’ easy-go-tactic. [049.04] [059.05 ] 1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ]. Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed ” To Do Complete Justice” by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court ! Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ] 1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld. 1996 AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement1994 to 1997: A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting “special” treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion. 2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A] [049.05B] [049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani’s ” BIG EGOS, small men “. (b) Supreme Court , while he was CJI,directed a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani’s ” BIG EGOS, small men “. 2002: SEX FOR ACQUITTAL In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to “fix” a case in her favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge ResignedCASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir SinghSTATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him. 2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn’t take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI filed its report. Gave clean chit.March 2003 – Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records ________________________________________E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: ” The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”Following Questions / Issues, inter alia , arise( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its’ Impeachment Order had held thus:”While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent.” [008.07 ].( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami’s case , Justice Ramaswami had held that ” Inquiring Committee” as well as ” Inquiry” have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee thus” Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority.” (c) It will not be out-of place to mention here that Two of “Three Judges Committee ” appointed by CJI in Re. V. Ramaswami’s case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal . ( d ) If so how sure can we be that ” 3 Judges Committee ” appointed to invetigate ” 3 Judges Mysore Sex Scandal ” were un-biased or were above Board & have presented an accurate Report ? Queries to Supreme Court , Parliament of India & Central Government In Re. Judges’ Mysore Sex Scandal ( a)” Will the Supreme Court Publicise Report of ” 3 Judges Committee ” ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ? (b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ? (c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of ” 3 Pillars of Constitution ” ?. (d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said ” Supreme Court is filled with FERA violators & Bride Burners…” ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that “in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates’ places…drink…dine…” (1990 Cr LJ 2179 ) [041.09]. (e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ? ________________________________________LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India’s Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?Conscience of Judiciary Shaken: Supreme Court of India: “Police Raj” it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?”Police Raj” to “Judges Tyranny”: Judges serving all over India have formed an Assocition called ” All India Judges Association “. At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up ” All India Judicial Services ” & ” National Judicial Pay Commission “. Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.India: Time to end the lethal lottery of India’s death penalty system(New Delhi): The first major study into India’s legal judgements on death penalty cases has revealed that the system is riddled with fatal flaws and that the only remedy is to abolish the death penalty completely, said the study authors in New Delhi today.Amnesty International believes that at least 140 people have been sentenced to death in 2006 and 2007. According to the latest available official figures, there were 273 persons on death row as of 31 December 2005. But this figure is likely to be considerably higher today.The fate of these death row prisoners is ultimately a lottery. In the first comprehensive analysis of around 700 Supreme Court judgements on death penalty cases over more than 50 years, the authors expose a judicial system that has failed to meet international laws and standards relating to the death penalty.Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry) have issued the study, Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006. It is the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases. It demonstrates that:• the administration of the death penalty in India has not been in the “rarest of rare cases” as claimed in the country • on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants.Dr V Suresh, President, PUCL (TN & Puducherry) said: “While the death penalty continues to be used in India, there remains a danger that it will be used disproportionately against ethnic minorities, the poor or other disadvantaged groups. There is only one way to ensure such inequalities in the administration of justice do not occur: the complete abolition of the death penalty.” Amnesty International welcomes the current hiatus of executions in the country. The relative lack of executions in the last decade — one in 2004 — illustrates that the people of India are willing to live without the death penalty. “India stands at a crossroads. It can choose to join the global trend towards a moratorium on the death penalty, as adopted by the UN General Assembly last year. It will also then join 27 countries in the Asia Pacific region which have abolished the death penalty in law or in practice.”Or it can continue to hang death row inmates, when the judicial system that puts them there has been shown by this extensive research to be unfair,” said Mukul Sharma, Amnesty International-India Director.The full report is available at http://www.amnesty.org/en/report/info/ASA20/007/2008 and a summary, at http://www.amnesty.org/en/report/info/ASA20/006/2008 Background:The study of the courts highlights some of the main failings as:• Errors in consideration of evidence – most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted sarcastically that the main witness’s memory constantly improved. His testimony at the trial three years after the incident was observed to be far more detailed than his confessional statement recorded a few days after.• Inadequate legal representation – concerns included lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary.• Anti-terrorist legislation – concerns include the broad definition of `terrorist acts’, insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence.• Arbitrariness in sentencing – in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily.• In the Bachan Singh judgment of 1980, the Supreme Court ruled that the death penalty should be used only in the “rarest of rare” cases. More than a quarter of a century later, it is clear that through the failure of the courts and the State authorities to apply consistently the procedures laid down by law and by that judgment, the Court’s strictures remain unfulfilled.A total of 135 countries have abolished the death penalty in law or in practice, having realised executions are unacceptable. In 2007, only 24 countries carried out executions (China, Iran, Saudi Arabia, Pakistan and the USA were the main five perpetrators, accounting for 88 per cent of all known executions). See http://www.amnesty.org/en/death-penaltyJudicial nepotism rampant in IndiaApril 12, 2007 by CyberGandhi In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don’t appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.NDTV discovered that this trend, where two judges or a group of judges have children practising in each other’s courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of India demanded the transfer of all judges whose relatives practised in the same courts.A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other’s relatives.He quoted eminent jurist HM Seervai: “Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge’s son as an advocate.””It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.”The order sparked off a protest by judges in Punjab who took mass leave. Justice BK Roy was subsequently transferred, and since then, the order has been ignored.”Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh.””The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited,” said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.Limited directiveFinally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.It completely skirts the issue of close relatives of a judge practising in the same court – the Uncle Judge or Son Stroke syndrome.”There are complaints from all over the country that judges’ children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge,” said M N Krishnamany, President, SC Bar Association.Judges are, in fact, expected to follow a code of conduct which points out that: “Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed.”But is this distance really possible?”If your son, brother or sister is practising in the same court, you can’t eschew close association with your son, daughter or brother.””Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising,” said Prashant Bhushan, Member, Committee on Judicial Accountability.However, as figures show, this is clearly not the trend.In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in Delhi High Court, the close relatives of nine sitting judges are practising lawyers.Also senior lawyers feel that the children of judges are often favoured.”That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position,” said Jaganath Patnaik, President, Bar Council of India.”It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also,” said M N Krishnamani, President, SC Bar Association.The public impression is that in order to get a favourable order, it’s better to hire a close relative of a judge to plead your case.Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?Ajmer Singh, Wednesday, April 11, 2007 (New Delhi), NDTV.COM
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Labels: INDIA, judges
5 comments:
Yogesh Saxena said…
MISUTILIZATION OF SOVEREIGN AUTHORITYMy sad Experience during Journey with a High Court Judge (Retd.) Transgression of the discretion in misutilization of sovereign authority has perpetuated the erosion of very foundation, on which the sovereign power was assigned to a judicial officer.The aforesaid observation is having a predominating character in order to protect the dignity of the judiciary as respect is never commanded rather it may act like a command in the conscience of the people.Justice Shambhu Nath Srivastava( Now Retd.) is known controversial judge having criticism spread in every news paper for generating communal hatred with Muslim and on the other hand in the light of power assigned upon the judge of the Allahabad High Court, these judgement are beyond the pleading of issues raised and thereby these judgement are attributed even by the Ex-Chief Justice of India Justice V.N. Khare as one of the blot in the history of judicial institution. The people at large are govern by their sentiment and there is no literacy amongst the people as to appreciate the separation of the three power in a democratic setup people having the Hindu sentiment have regarded these judgement as the exposure of past history and the atrocities committed upon Hindu inhibition from the time of the attract by Muslims in 712 AD upto our independency as the revolution of the truth through the judicial verdict.Thus natural affiliation develop amongst different sect of the people by reading the judgment on the issue of Madarsa, minority institution and the protection granted to the Muslim under the garb of their so called status of the minority, the other judgement declaring Geeta as a national epic required to be followed by every individual living in our country and the status of the deity having an endowment their upon as juristic person has been declared in deciding the Second appeal where only substantial questions formulated generated through pleading and evidence could have been decided in the normal circumstance. Thus the element of the jurisdictional scope of interference has been eroded by Justice S.N. Srivastava in all three judgments, which were delivered just at the verge of retirement by Justice S.N. Srivastava.I was not aware that justice Srivastava has obtained the four security guard from the Govt. of U.P. on the recommendation of the High Court as he convey his apprehension for the threat of life in view of some mysterious letter received by him from the Muslim organization. Unfortunately on the repeated insistent of Shri Shailendra Kumar Singh now practicing at Allahabad High Court and the brief holder in the criminal side, I went at the residence of the Justice Srivastava and enquire as whether he may inaugurate the opening session of the Public School and unveil two deities at Kasba Bewar District Mainpuri. Justice Srivastava demanded not only convenience of vehicle for carrying him upto Bewar, but also asked to arrange vehicle for taking him to Nainital. He said it to Shailendra Kumar Singh on 25.6.2008 at his residence, only then he may attend the function scheduled on 29th June,2008. I persistently reminded to Justice Srivastava and also to my colleague Sri Shailendra Kumar Singh not to drag me in any controversial situation, in case both of you are not able to fulfill the respective commitment in this regard. I said so that I may attend my professional duty for conducting my argument in the cases fresh/unlisted/listed on 30.6.2008, which co-incidentally was happened to be opening day after the summer vacation of Allahabad High Court.My experience indulging into argument on the point raised by Justice Srivastava has always been depreciated in respect of his super domination egoistic trend and a sort of authentic attitude of the judge, to which every Advocate dislike, but still I felt indebted regarding his contribution to society in respect of exposure of truth, which has vanish in judicial proceedings within duration of 15 years completing from the premises of judicial institution at Allahabad High Court. Any way what I apprehended initially that I may not be trapped in my benevolent indulgence, became a truth. He has misused his official position to get the protocol of the sitting Judge by intimating the information to District Judge, Mainpuri and thereafter to avail the facility available to the inspecting Judge by getting the accommodation at circuit House Mainpuri on the expenditure of Govt. He got the security from the Mobile Van , who have started escorting him from his entrance time within the territorial jurisdiction of entire district Mainpuri. What he conveyed to Mr. Chaudhary Add. C.J.M. Mainpuri that he is sensing a conspiracy in bringing him to inaugurate the private function and as such deployed the Police force for escorting me through police personnel and the Police force. This has been done as a puncture has been there at Gursahaiganj. Where the Muslim population is in excess to the rest of the area of District Kannauj. I am strictly against mystification of the power through such Hippocratic manner, where the Judicial officers are instigated indulge in nepotism and corruption by the inspecting Judge, but they award good entry to corrupt officials, in spite their impropriator attitude towards the public. Now a Retd. Judge Justice S.N. Srivastava , to whom I provided my indulgence of taking him for inauguration of the Public School and to unveil the deity, has started doing it by bluffing the administration and I may listen his absurdity about the integrity of the Ex. Chief Justice of India as being appointed as an Arbitrator to resolve the dispute. Thus I disassociated my self from taking further participation in any one of Impropriator, as my conscience pricks as an Advocate of Allahabad High Court to remain associate in the activity, which is the mystification of the power by the Judicial authority, who ad horns the solemn chair of solidarity. Advocacy is not a Business- a Trade, nor a spokesman ship of the scoundrel in the Society, but a call of the learned person against injustice. I precluded myself from associating with Justice S. N. Srivastava from 28th June 2008th evening itself and did not stayed in the Govt. accommodation, but stayed with my nephew as I have been brought up in an honest atmosphere. Conquest of India says nothing about superiority of the Invaders, but it remain over weakness of characteristics, by virtue of it our country became slave Nation from its very inception of 712 A.D. onwards. Rampant corruption is ascending in disproportionate extends, and so for its galloping race could not be halted, even though thousands of acts and Ordinances have been promulgated after the dawn of independence. Now our character is eroding on basis of which our foundation of judicial institution have started shaking the integrity to get the collapse of the third pillar of Democratic System.
7/06/2008 6:23 AM
Yogesh Saxena said…
Our Last English Chief Justice Orby H. Mootham- ‘When Chief justice Mootham apologized to a litigant’. WHERE ARE THOSE JUDGES?‘This reminiscences is relate back to the period of about last 50 years from the time of last English Chief Justice Orby H. Mootham, Those were the days’-. Compare it now; Right from the period of the English judges to the present scenario. It has been said that those judges were mature, modest and commanded the respect by their very entry in the courtroom. ‘When Chief justice Mootham apologized to a litigant’. Chief justice Mootham entered the court smilingly, but became tense and pointed out to the Bench Secretary for the impropriety of behavior of a litigant, a gentle man who was sitting in the fifth or sixth row wearing a head-gear. The gentleman has removed his cap. The moment the functioning started, the chief justice regained his usual pleased posture, but the irritation was again visible, when he saw the gentleman recapped his head. However, when the orderly went towards the gentleman he voluntarily removed his cap. This was perhaps by reflexes that he wore the cap once again. The chief justice stopped functioning and asked the court officer to act upon and thereafter the gentleman was asked to leave the courtroom. It was per by chance that one contemporary Advocate went to chief justice’s chamber to make a mention. Justice Gyanendra Kumar was present in Hon’ble Chief justice chamber. The chief justice in a most inimitable style asked, whether he had seen the gentleman, who despite been told not to wear the cap, defied the advice of the bench secretary. The Chief Justice has also said that the gentleman looked a dissent person, but he wandered why he repeatedly wore his cap soon after removing it. Was it by the defiance to authority of the Court? Justice Gyanendra Kumar, a very pleasant conversationalist, intervened. He said “Chief Justice”, your lordship in the English society, people take off a hat to show courtesy, but we in this country wear a cap to show our respect. Thus the gentleman was only trying to repeat his gesture of respect. The chief justice perhaps never knew it otherwise this was not causing irritation to him. The tall person, the chief justice broke into laugher and asked the bench secretary to trace and bring the gentleman in his chamber. Perhaps the gentleman was still out side the chief justice chamber. As soon as he entered, the chief justice expressed regret to him and pleaded his ignorance that the cap is worn to show respect. Soon, the gentleman after being happy from the reprimand made by the chief justice was again called to request him to be in the courtroom soon after the lunch. Justice Gyanendra Kumar was curious as to why the chief justice was insisting to have the gentleman in court. On being inquired the chief justice Mootham observed:- ” He has been reprimanded in court by me and therefore he deserves an apology from chief justice in the court itself. Later the chief justice apologized in court itself. This has been never seen or heard by any judge about such gesture even to a lawyer when there is no good ground for reprimand.” HOW CAN SUCH A JUDGE, THOUGH HE RETIRED IN 1961 CAN GO OUT OF MEMORY OF THOSE WHO HAVE SEEN HIM WORKING IN COURT AND OUTSIDE”? There gesture of kindness to the lawyers and courteous dialogues used to blush out of their modesty even if their faces looked red and they were scared in the moment. They entered the courtroom right at 10.00 A.M. never before or a second afterwards. The chief justice was so cordial, warm and affectionate that this was the etiquette of high constitutional functionaries. The unusual dissent conduct with a strange warmth decency of Chief Justice Mootham was continued to remember even after his death to heavenly abode from this world.”Every Act and every inquiry and similarly every action and pursuit, given by him was thought to aim at some good, and for this reason, the good has rightly been declared, to be that, at which all things aim. But a certain difference is found among ends”. For him “For best was he who knows all things himself good, he that hearkens when men counsel right. But he who neither knows, nor lays to heart another wisdom, is a useless night”.”Life is a shylock; always it demands. The fullest usurer’s interests for each pleasure Gifts are not freely scattered by its hand. We made returns for every borrowed treasurer. Each talent, each achievement and every gain me necessitated some penalty to pay. All you bestow on causes or on men of love or hate of malice or devotion somehow and sometime shall be returned again. There is no waste toil, no lost emotion. The motto of the world is to give and take. It gives you favour out of sheer goodwill but unless a speedy recompense you make you will find yourself presented with its bill”. “Competition is a struggle for existence because there is always be survival of the fittest”. Justice Raghubar Dayal, an Advocate has written this that he open his submissions by using a phrase from the privy council’s judgement without referring to it. He said that the learned District Judge has carved out an new case for which no place was found in pleading! Justice Raghubar Dayal did not open the file and remarked – if counsel have learned to use this kind of language so early in life, he would land himself in disaster. Advocate immediately apologized. He said that he has escaped his lordship wrath and will have a chance before another judge, but justice Dayal said to him that he might present in the courtroom at 10.00 A.M. as this case will be taken as part heard case. Justice Dayal was tensed and his earlier day’s annoyance was apparent. Advocate said that he was relying Privy Council judgement where the judicial committee has used the same language. He said that he was conscious that he did not know English to well, yet he use such word, which were used by Privy Council. Justice Dayal admitted the appeal, but refuse to exercise discretion for staying the decree for demolition. He has written that his indiscreet use of language cause lost to his client. The house of the client was demolished but Advocate has written that he has repented this incident through out his life as to find out where he was wrong. Justice Raghubar Dayal, who retired in 1960 as the judge of Supreme Court, still had the great respect from Advocate, as he never committed such mistake through out his life.With regard to Justice and injustice to an individual’s opinion assessments, we must consider the kind of action. It’s means and the justness for considering its effect and solution. Thus the justice is always represent in corresponding sense. An advocate’s world is to convey the idea generated through such experiences with the same precision Ideologically some time antagonistic to his own opinion, but from its very inception of the correct analysis of his perceptions with the desire, aptitude and knowledge in adequate representations. This is a heterogeneous conglomeration of disparate and desperate interests designed mainly hedge against common enemy on both the constituents. .The cultivation of moral foundations is called our cultural heritage.Yogesh Kumar SaxenaAdvocate, High CourtH.I.G.203, Preetam Nagar, Sulem sarai, Allahabad-211001yogrekha@gmail.com, yogrekha@rediffmail.com, yogrekha@yahoo.co.inFounder President- World Citizenship Group Foundation, Swami vevekanand world ethical foundation,Executive Member- World Parliament Experiment conference 2008 at Bonn (Germany), Vice President- Geeta Asharam International Cheritable Trust, Rishikesh, Pauri GarhwalEx Vice President- Advocate’s Association, High Court, AllahabadSpecial Counsel/ officer, Ganga Pollution Matter, High Court, Allah
7/06/2008 6:24 AM
Anonymous said…
Complaint in respect of functioning of Justice Dr. B.S. Chauhan in respect of his functioning as Allahabad High Court Judge, Now elevated as Chief Justice of another High Court To,My lord The Chief Justice Of India,Hon’ble Supreme Court Of India,New DelhiReference:- The Division Bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta has decided the special appeal No. 1369 of 1999 wholly without Jurisdiction , as the jurisdiction to hear and decide the same on 26.10.2006, the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2 Gupta under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. It is submitted that the Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta. There is a complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952 The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicataSubject:- Direction may be issued for deciding the matter pertaining to recall of order and judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 passed wholly without Jurisdiction by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta as the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta, when the Special appeal no. 1369 of 1999 was not even listed in court no. 34 as the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2The submission of the petitioner Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad in this regards are as under. That the Petitioner was appointed as Lecturer in English in the institution on 9.8.1968. He was confirmed after completion of probation period on 9.8.1969. He was the member of Rashtriya Swamsevak Sangh and as such he was detained under the maintenance of Internal Security Act from 14.8.1975 to 30.3.1977. He was again detained under National Security Act (N.S.A.) on 1.11.1980 upto 10.12.1980 and despite the aforesaid preventive detention; the respondents paid the petitioner salary. That third time when on 11.7.1987 the petitioner went to Govt. Inter College, Moradabad to take training under the new education policy, he was detained under the provisions of Internal Security Act. That the petitioner was taking the training alongwith the principal of institution and one Khajan Giri and as such he told the Principal to inform the Manager about his arrest, but still the Manager wrote a letter on 24.7.1987 stating therein that the petitioner did not attend the college and was not present in the institution on 21.7.1987.That on 27.7.1987 the petitioner wrote a letter that he was arrested by the Police at the gate of Govt. Inter College, and had been lodged in district Jail Moradabad from 11.7.1987. This letter was sent through district Jail Moradabad and the same was communicated to the Manager, who sent the aforesaid letter to the D.I.O.S. Moradabad on 31.7.1987.That the members of Bhartiya Janta Party shown its resentment against the illegal detention of the petitioner and the news to this effect was published in Amar Ujala on 16.7.1987. Thus the management knew the fact regarding the absence of petitioner on account of unavoidable circumstances of his illegal detention, but still the allegation of absent from leave was leveled against the petitioner.That Sri Kameshwar Nath Mishra, Senior Lawyer of District Court Moradabad and the Vice-President of Committee of Management of Institution passed resolution on 15.7.1987 seeking bye cot of all the courts Moradabad on account of illegal arrest of petitioner. That still the resolution was passed on 4.9.1987 to give a notice to the petitioner as to why he remained absent from 11.7.1987 and sought for his explanation. The notice was sent to the petitioner in jail on 10.9.1987 stating therein that why his services should not be terminated. The explanation of petitioner regarding his absence being beyond his control as had been detained under the National Security Act and the earlier information sent to the manager on 27.7.1987 was not taken into consideration by the management. That the charges were in respect of previous detention for which the petitioner was paid his salary was also leveled as the first charge, while the second charge was falsely concocted, as the petitioner did not give any information regarding his detention, nor gave any leave application. The petitioner explained every thing in his letter dated 21.1.1988 and said that he is district Jail due to illegal detention and as such the absence of petitioner was beyond his control. The sole reason for the detention of the petitioner was that he was the District Secretary of Bhartiya Janta Party. That the petitioner was suspended, but the suspension order was revoked after 60 days. It is submitted that after being released from the preventive detention on 11.7.1988, the petitioner was directed to put his signature in the office of D.I.O.S. Moradabad, as the Management did not allow the petitioner to resume his duties. The petitioner was paid salary by the D.I.O.S. even after the preventive detention. That despite all such facts the matter was referred to the U.P. Secondary Education service Commission, Allahabad to whom petitioner sent a letter on 24.2.1989 seeking setting aside the proposal of the Committee of Management, but the one member committee who was not even authorized to conduct the enquiry recommended for termination of services of the petitioner and thereafter the U.P. Secondary Education service Commission, Allahabad on 28.7.1989 granted approval to the proposal for termination.That one member committee of O.N. Shah who remained Assistant Manager of the Committee of Management of the Institution on 17.5.1987 and was the Principal of S.S.K. Inter College could not be appointed as one member committee and his recommendation to dispense with the services to the commission were void-ab- initio and as such the subsequent order of termination dated 1.9.1989 on the baseless, misconceived and frivolous charges was liable to be set aside, which was done by the reasoned judgement passed on 11.8.1999 in writ petition no. 24443 of 1989.The said judgement was challenged by the Committee of Management in Special Appeal no. 840 of 1999.That after the dismissal of special appeal no. 840 of 1999 when the recall application was filed without serving the copy of said application to the counsel for the petitioner, then the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta after going through the contents of the counter affidavit filed in the said application seeking recall of the order dated 23.11.2003, summoned the file of the special appeal no. 860 of 1999 (filed by Sudhir Kumar dismissed on 2.4.2004), the Special Appeal no. 907 of 1999 (filed by U.P. Secondary Education Service Commission dismissed on 14.9.1999) and also the record of pending present Special appeal no. 1369 of 1999, simply to ascertain the matter in consonance with the requirement as to whether the recall application filed on behalf of the committee of management may be allowed or the same may be dismissed in absence of any rejoinder affidavit to the allegations made in the counter affidavit filed by the petitioner. That the special appeal no. 840 of 1999 was dismissed as not pressed on 23.11.2003 by the Division Bench presided over by the Hon’ble Dr. B.S. Chauhan and Hon’ble Dilip Gupta, JJ. The aforesaid appeal was filed by the Committee of Management of Ambika Prasad Intermediate College, Moradabad challenging the judgement and order dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai J in writ petition no. 24443 of 1989 (Prem Shankar Sharma Vs. State of U.P. and others). Thereafter an application for recall of the order dated 23.11.2003 purported to have been passed in the Special Appeal no. 840 of 1999 without annexing the judgement dated 23.11.2004 dismissing the aforesaid Special Appeal no. 840 of 1999 was filed without serving the copy of said application to the counsel for the Petitioner. That the Petitioner filed the counter affidavit in reply to the affidavit filed in support of the recall application. It was stated that the judgment can not be recalled by moving an application at belated stage and the copy of the same is not given to the counsel appearing on behalf of answering respondent. That it was further stated that the said application is filed without having any explanation regarding non-filing of application seeking condonation of delay. Thus the same is not maintainable and liable to be rejected. That it was further stated that the Special Appeal no. 860 of 1999 filed by Sudhir Kumar against the same judgement dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai, J has been dismissed on 2.4.2004. This person Sudhir Kumar was inducted as the Lecturer in English after dispensing the services of the petitioner. However, when the writ petition no. 24443 of 1989 was allowed on 11.8.1999, then the services of Sudhir Kumar were terminated and as such he filed the Special appeal no. 860 of 1999, which was also dismissed and thereby reaffirming the judgement dated 11.8.1999. That the special appeal no. 907 of 1999 was filed against the same judgement passed on 11.8.1999 by Hon’ble Mr. Justice V.M. Sahai in writ petition no. 24443 of 1989, but that special appeal was also dismissed as misconceived and also being filed without any locus-standi by the judgment dated 14.9.1999. That on 26.10.2006 the jurisdiction to here the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2. It is submitted that the present Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta and as such only to ascertain the facts stated in the counter affidavit and in the affidavit filed in support of the alleged recall application, the records of three aforesaid special appeal was summoned, wherein the name of the counsel appearing on behalf of petitioner/respondent namely Sri Ashok Khare, Advocate was the only name mentioned in special appeal no. 1369 of 1999. That the Standing counsel was not prepared to argue the matter pertaining to the special appeal no. 1369 of 1999 filed by the State of U.P. in absence of the same not being listed in court no. 34 and in absence of Sri Ashok Khare, senior Counsel appearing in the said appeal on behalf of petitioner. This fact has been brought to the notice of the deponent by his counsel appearing in Special appeal no. 840 of 1999, which was dismissed on 23.11.2004.That the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan enquired about the matter from Sri V.K. Singh Advocate appearing in special appeal no. 840 of 1999 and also enquired from the counsel for the respondent only about the controversy involved in all such special appeal out of which three special appeals were already dismissed while the special appeal no. 1369 of 1999 filed by State of U.P. was surviving. The counsel informed that the question as to whether a teacher while detained under Preventive detention could have been said to be voluntarily absenting from duty on the basis of which without affording any opportunity, the services of such teacher may be dispensed with in gross violation of the principle of natural justice and the case law relied upon in the judgement dated 11.8.1999 (state of Madhya Pradesh Vs. Rama Shankar Raghuvanshui A.I.R. 1983 S.C. 374), (M.H. Devendrappa Vs. Karnataka State in Small Industries Development Corporation. A.I.R. 1988 S.C. 1064), Sarnam Singh Vs. Smt Pushpa Devi 1986 (1) U.P.L.B.E.C. page 348 and Anukool Chandra Pradhan Vs. Union of India A.I.R. 1997 S.C. 2814, State of Orissa Vs. Dr. Miss. Bina Pani Dei and others 1967 (2) S.C.R. 625 (Para-9), Mohinder Singh Gill VS. Chief Election Commissioner 1978 (2) S.C.R. 272 (Para-9), State of West Bengal Vs. Anwar Ali Sarkar 1952 S.C.R. 284 followed in D.K. Yadav Vs. M/S J.M.A. Industry J.T. 1993 (3) S.C. 617 as well as the provisions of Regulation 35, 36, 37, 38, 39, 40, 44 and 45 read with section 16 (G) (3-A) as provided under Chapter III of the U.P. Intermediate Education Act, 1921 and rule 6 of rules framed under Act no. 5 of 1982 referred in the judgement dated 11.8.1999 were indicated as the controversy involved regarding unavoidable incident relating to the arrest under preventive detention, which is not pertaining to any criminal activity, but simply on account of participating into association under Article 19 (1) ( C) of the Constitution of India. The matter was not argued by the standing counsel, but in the judgment allegedly delivered on 26.10.2006, it has been falsely mentioned that the case was argued by the learned standing counsel appearing for the State Appellant. The counsel for the petitioner in Special Appeal No. 840/1999 Sri Yogesh Kumar saxena, Advocate informed the deponent that it was only Sri V.K. Singh, Advocate appearing in Special appeal No. 840/1999, who placed the controversy involved in his special appeal no. 840 of 1999.That on 1.11.2006, when the matter was shown to be listed in the cause list of court no. 34 regarding the delivery of the order in the recall application filed in special appeal no. 840 of 1999 then counsel for the petitioner was informed that since the special appeal no. 1369 of 1999 filed by the State of U.P. was also liable to be dismissed and as such it has been shown to be decided on 26.10.2006 in the cause list of 1.11.2006. That upto this time i.e. 1.11.2006 there was no existence of the order alleged to have been passed on 26.10.2006 in the special appeal no. 1369 of 1999 on the basis of which the recall application was decided as no order is required to be passed on this application, but subsequently thereafter when the message of dismissal of special appeal no. 1369 of 1999 was communicated to the petitioner, then counsel for the petitioner came to know about the existence of the order. He applied for the order in anticipation that the special appeal bearing special appeal no. 1369 of 1999, which was earlier filed as (defective) appeal no. 630 of 1999 might have been dismissed as there may not be the inconsistent order in the said appeal after dismissal of three special appeals filed against the same judgement, in which the committee of Management and Secretary U.P. Secondary Commission remained at the array of respondents and were duly represented by their respective counsels. That, although the order passed on 23.11.2004 dismissing the Special Appeal No. 840 of 1999 has been affirmed by the order dated 26. 10. 2006 passed on Recall application, as it has been noted that in view of the judgement passed in special appeal No. 1369 of 1999, no order is required to pass on the recall application. Thus it appears that even by this order passed on 26.10.2006, the Hon’ble Division Bench dealing with the recall application in special Appeal No. 840 of 1999 did not find any merit in the said appeal. The Hon’ble division bench Presided by Hon’ble Dr. justice B. S. Chauhan adopted a unique manner in deciding the present Special Appeal wholly without jurisdiction purported to have decided on the same day, to which no person could have decided in the open court on 26.10.2006, otherwise their was no occasion for listing of the case on 1.11.2006 in the cause list for appropriate order on the recall application filed in Special Appeal no. 840 of 1999. Thus the judgement passed in special Appeal is bad in the light of the legal fiction that what not be done directly in absence of jurisdiction, the can not be done indirectly by the Hon’ble Division Bench presided over by Hon’ble Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta in passing the judgement on 26.10.2006 passed in special Appeal No. 1369 of 1999. That in this manner since the judgement passed in the special appeal no. 1369 of 1999 by the bench presided over the Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta is the judgment passed in absentia of the counsel of the petitioner/respondent appearing in the said appeal namely Senior Counsel Sri Ashok Khare, Advocate for the petitioner in writ petition no. 24443 of 1989, which was the only name printed as the sole name of the opposite party; and the same special appeal no. 1369 of 1999 was neither listed for hearing under the caption of the jurisdiction, nor there had been any serial number mentioned against the said listing of the special appeal, regarding which, the communication could have been made to the senior counsel Sri Ashok Khare, Advocate appearing on behalf of petitioner by the other counsel appearing in special appeal no. 840 of 1999 at the time of its dismissal on 23.11.2004. There was no jurisdiction conferred with the division bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta to decide the special appeal of the year of 1999 as the jurisdiction of the same was conferred before court no. 2 under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicata as held in Sarguja Transport Service versus State Transport appellate Tribunal (1987)1 S. C. C. 5.( paragraph 7) That it is submitted that there is the complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the matter may not be decided by another coordinated Hon’ble Division Bench, except the Hon’ble Division Bench having the jurisdiction conferred to the different benches as per the circulation of cause list circulated to the Hon’ble benches and members of the Bar.That the constitution of the benches as per the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952. The Registrar shall subject to such direction as Hon’ble Chief Justice may give from time to time caused to be prepare a cause list for each day on which the court sits containing the list of cases, which may be heard by different benches of court under Rule 6 of Chapter VI of High Court Rules, 1952.That an application for expediting of hearing of case or for listing a case out of term or for removal of case to be tried and determined by the court under Rule 4 or for withdrawal of a case under Article 228 of the Constitution of India shall be laid before Hon’ble Chief Justice (or any other judge of a bench nominated by Chief Justice in respect of any case or class of cases) for orders. Thus for having an out of term hearing of a case, the application is required to be moved before the Hon’ble the Chief Justice.That in this manner, it is crystal clear that if the case is not listed in the cause list after determination of heading for what purposes aforesaid matter is being listed, the other coordinate Division Bench dealing with other jurisdiction shall not be empowered to decide such case except by getting the nomination of the matter by the order of Hon’ble Chief Justice.That the other aspect of the matter is pertaining to the determination of the reason for which a particular case is being listed in the cause list circulated to the bench and the members of Bar, the case may not be decided by any other coordinated Division Bench without it being posted for hearing.That the Allahabad High Court Rules, 1952 have been promulgated in exercise of the power conferred under Article 225 of the Constitution of India and all other powers enabling it on that behalf. Thus the strict observation and compliance of mandatory provisions is required to be observed by the Hon’ble Court in consonance with requirement of Principle of equity, fairness and in such circumstances if the practice and procedure prescribed in this regard is not followed then the deviations from the rules of court may violate Article 14 of the Constitution of India.That in the light of the aforesaid legal propositions advanced by the deponent / writ petitioner, it is submitted that the present special appeal without being listed in the daily cause list either under the separate serial number in the cause list, nor it remain listed with the appropriate heading ‘For Hearing’, but the same has been decided without giving notice to the counsel appearing for respondent.That under the provisions of Chapter V Rule 1 of High Court Rules, 1952, the sole prerogative of the Hon’ble Chief Justice to decide the particular subject matter conferred on particular bench for particular period. If the decision of the subject matter by some other bench is taken up without being listed at the serial number under the heading of the hearing or without the case being Part-heard or tide-up, if the decision is given by the other bench without nominating by the Hon’ble Chief Justice the judgement will be without jurisdiction and nullity.That, it is in the interest of justice that the order dated 26.10.2006 passed in Special Appeal no. 1369 of 1999 may be set aside and the Hon’ble Chief Justice refer the matter to Hon’ble Three Judges, as justice may be done with the rights of the applicant/petitioner.Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad
7/06/2008 6:25 AM
Anonymous said…
Complaint in respect of functioning of Justice Dr. B.S. Chauhan in respect of his functioning as Allahabad High Court Judge, Now elevated as Chief Justice of another High Court To,My lord The Chief Justice Of India,Hon’ble Supreme Court Of India,New DelhiReference:- The Division Bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta has decided the special appeal No. 1369 of 1999 wholly without Jurisdiction , as the jurisdiction to hear and decide the same on 26.10.2006, the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2 Gupta under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. It is submitted that the Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta. There is a complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952 The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicataSubject:- Direction may be issued for deciding the matter pertaining to recall of order and judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 passed wholly without Jurisdiction by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta as the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta, when the Special appeal no. 1369 of 1999 was not even listed in court no. 34 as the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2The submission of the petitioner Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad in this regards are as under. That the Petitioner was appointed as Lecturer in English in the institution on 9.8.1968. He was confirmed after completion of probation period on 9.8.1969. He was the member of Rashtriya Swamsevak Sangh and as such he was detained under the maintenance of Internal Security Act from 14.8.1975 to 30.3.1977. He was again detained under National Security Act (N.S.A.) on 1.11.1980 upto 10.12.1980 and despite the aforesaid preventive detention; the respondents paid the petitioner salary. That third time when on 11.7.1987 the petitioner went to Govt. Inter College, Moradabad to take training under the new education policy, he was detained under the provisions of Internal Security Act. That the petitioner was taking the training alongwith the principal of institution and one Khajan Giri and as such he told the Principal to inform the Manager about his arrest, but still the Manager wrote a letter on 24.7.1987 stating therein that the petitioner did not attend the college and was not present in the institution on 21.7.1987.That on 27.7.1987 the petitioner wrote a letter that he was arrested by the Police at the gate of Govt. Inter College, and had been lodged in district Jail Moradabad from 11.7.1987. This letter was sent through district Jail Moradabad and the same was communicated to the Manager, who sent the aforesaid letter to the D.I.O.S. Moradabad on 31.7.1987.That the members of Bhartiya Janta Party shown its resentment against the illegal detention of the petitioner and the news to this effect was published in Amar Ujala on 16.7.1987. Thus the management knew the fact regarding the absence of petitioner on account of unavoidable circumstances of his illegal detention, but still the allegation of absent from leave was leveled against the petitioner.That Sri Kameshwar Nath Mishra, Senior Lawyer of District Court Moradabad and the Vice-President of Committee of Management of Institution passed resolution on 15.7.1987 seeking bye cot of all the courts Moradabad on account of illegal arrest of petitioner. That still the resolution was passed on 4.9.1987 to give a notice to the petitioner as to why he remained absent from 11.7.1987 and sought for his explanation. The notice was sent to the petitioner in jail on 10.9.1987 stating therein that why his services should not be terminated. The explanation of petitioner regarding his absence being beyond his control as had been detained under the National Security Act and the earlier information sent to the manager on 27.7.1987 was not taken into consideration by the management. That the charges were in respect of previous detention for which the petitioner was paid his salary was also leveled as the first charge, while the second charge was falsely concocted, as the petitioner did not give any information regarding his detention, nor gave any leave application. The petitioner explained every thing in his letter dated 21.1.1988 and said that he is district Jail due to illegal detention and as such the absence of petitioner was beyond his control. The sole reason for the detention of the petitioner was that he was the District Secretary of Bhartiya Janta Party. That the petitioner was suspended, but the suspension order was revoked after 60 days. It is submitted that after being released from the preventive detention on 11.7.1988, the petitioner was directed to put his signature in the office of D.I.O.S. Moradabad, as the Management did not allow the petitioner to resume his duties. The petitioner was paid salary by the D.I.O.S. even after the preventive detention. That despite all such facts the matter was referred to the U.P. Secondary Education service Commission, Allahabad to whom petitioner sent a letter on 24.2.1989 seeking setting aside the proposal of the Committee of Management, but the one member committee who was not even authorized to conduct the enquiry recommended for termination of services of the petitioner and thereafter the U.P. Secondary Education service Commission, Allahabad on 28.7.1989 granted approval to the proposal for termination.That one member committee of O.N. Shah who remained Assistant Manager of the Committee of Management of the Institution on 17.5.1987 and was the Principal of S.S.K. Inter College could not be appointed as one member committee and his recommendation to dispense with the services to the commission were void-ab- initio and as such the subsequent order of termination dated 1.9.1989 on the baseless, misconceived and frivolous charges was liable to be set aside, which was done by the reasoned judgement passed on 11.8.1999 in writ petition no. 24443 of 1989.The said judgement was challenged by the Committee of Management in Special Appeal no. 840 of 1999.That after the dismissal of special appeal no. 840 of 1999 when the recall application was filed without serving the copy of said application to the counsel for the petitioner, then the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta after going through the contents of the counter affidavit filed in the said application seeking recall of the order dated 23.11.2003, summoned the file of the special appeal no. 860 of 1999 (filed by Sudhir Kumar dismissed on 2.4.2004), the Special Appeal no. 907 of 1999 (filed by U.P. Secondary Education Service Commission dismissed on 14.9.1999) and also the record of pending present Special appeal no. 1369 of 1999, simply to ascertain the matter in consonance with the requirement as to whether the recall application filed on behalf of the committee of management may be allowed or the same may be dismissed in absence of any rejoinder affidavit to the allegations made in the counter affidavit filed by the petitioner. That the special appeal no. 840 of 1999 was dismissed as not pressed on 23.11.2003 by the Division Bench presided over by the Hon’ble Dr. B.S. Chauhan and Hon’ble Dilip Gupta, JJ. The aforesaid appeal was filed by the Committee of Management of Ambika Prasad Intermediate College, Moradabad challenging the judgement and order dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai J in writ petition no. 24443 of 1989 (Prem Shankar Sharma Vs. State of U.P. and others). Thereafter an application for recall of the order dated 23.11.2003 purported to have been passed in the Special Appeal no. 840 of 1999 without annexing the judgement dated 23.11.2004 dismissing the aforesaid Special Appeal no. 840 of 1999 was filed without serving the copy of said application to the counsel for the Petitioner. That the Petitioner filed the counter affidavit in reply to the affidavit filed in support of the recall application. It was stated that the judgment can not be recalled by moving an application at belated stage and the copy of the same is not given to the counsel appearing on behalf of answering respondent. That it was further stated that the said application is filed without having any explanation regarding non-filing of application seeking condonation of delay. Thus the same is not maintainable and liable to be rejected. That it was further stated that the Special Appeal no. 860 of 1999 filed by Sudhir Kumar against the same judgement dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai, J has been dismissed on 2.4.2004. This person Sudhir Kumar was inducted as the Lecturer in English after dispensing the services of the petitioner. However, when the writ petition no. 24443 of 1989 was allowed on 11.8.1999, then the services of Sudhir Kumar were terminated and as such he filed the Special appeal no. 860 of 1999, which was also dismissed and thereby reaffirming the judgement dated 11.8.1999. That the special appeal no. 907 of 1999 was filed against the same judgement passed on 11.8.1999 by Hon’ble Mr. Justice V.M. Sahai in writ petition no. 24443 of 1989, but that special appeal was also dismissed as misconceived and also being filed without any locus-standi by the judgment dated 14.9.1999. That on 26.10.2006 the jurisdiction to here the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2. It is submitted that the present Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta and as such only to ascertain the facts stated in the counter affidavit and in the affidavit filed in support of the alleged recall application, the records of three aforesaid special appeal was summoned, wherein the name of the counsel appearing on behalf of petitioner/respondent namely Sri Ashok Khare, Advocate was the only name mentioned in special appeal no. 1369 of 1999. That the Standing counsel was not prepared to argue the matter pertaining to the special appeal no. 1369 of 1999 filed by the State of U.P. in absence of the same not being listed in court no. 34 and in absence of Sri Ashok Khare, senior Counsel appearing in the said appeal on behalf of petitioner. This fact has been brought to the notice of the deponent by his counsel appearing in Special appeal no. 840 of 1999, which was dismissed on 23.11.2004.That the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan enquired about the matter from Sri V.K. Singh Advocate appearing in special appeal no. 840 of 1999 and also enquired from the counsel for the respondent only about the controversy involved in all such special appeal out of which three special appeals were already dismissed while the special appeal no. 1369 of 1999 filed by State of U.P. was surviving. The counsel informed that the question as to whether a teacher while detained under Preventive detention could have been said to be voluntarily absenting from duty on the basis of which without affording any opportunity, the services of such teacher may be dispensed with in gross violation of the principle of natural justice and the case law relied upon in the judgement dated 11.8.1999 (state of Madhya Pradesh Vs. Rama Shankar Raghuvanshui A.I.R. 1983 S.C. 374), (M.H. Devendrappa Vs. Karnataka State in Small Industries Development Corporation. A.I.R. 1988 S.C. 1064), Sarnam Singh Vs. Smt Pushpa Devi 1986 (1) U.P.L.B.E.C. page 348 and Anukool Chandra Pradhan Vs. Union of India A.I.R. 1997 S.C. 2814, State of Orissa Vs. Dr. Miss. Bina Pani Dei and others 1967 (2) S.C.R. 625 (Para-9), Mohinder Singh Gill VS. Chief Election Commissioner 1978 (2) S.C.R. 272 (Para-9), State of West Bengal Vs. Anwar Ali Sarkar 1952 S.C.R. 284 followed in D.K. Yadav Vs. M/S J.M.A. Industry J.T. 1993 (3) S.C. 617 as well as the provisions of Regulation 35, 36, 37, 38, 39, 40, 44 and 45 read with section 16 (G) (3-A) as provided under Chapter III of the U.P. Intermediate Education Act, 1921 and rule 6 of rules framed under Act no. 5 of 1982 referred in the judgement dated 11.8.1999 were indicated as the controversy involved regarding unavoidable incident relating to the arrest under preventive detention, which is not pertaining to any criminal activity, but simply on account of participating into association under Article 19 (1) ( C) of the Constitution of India. The matter was not argued by the standing counsel, but in the judgment allegedly delivered on 26.10.2006, it has been falsely mentioned that the case was argued by the learned standing counsel appearing for the State Appellant. The counsel for the petitioner in Special Appeal No. 840/1999 Sri Yogesh Kumar saxena, Advocate informed the deponent that it was only Sri V.K. Singh, Advocate appearing in Special appeal No. 840/1999, who placed the controversy involved in his special appeal no. 840 of 1999.That on 1.11.2006, when the matter was shown to be listed in the cause list of court no. 34 regarding the delivery of the order in the recall application filed in special appeal no. 840 of 1999 then counsel for the petitioner was informed that since the special appeal no. 1369 of 1999 filed by the State of U.P. was also liable to be dismissed and as such it has been shown to be decided on 26.10.2006 in the cause list of 1.11.2006. That upto this time i.e. 1.11.2006 there was no existence of the order alleged to have been passed on 26.10.2006 in the special appeal no. 1369 of 1999 on the basis of which the recall application was decided as no order is required to be passed on this application, but subsequently thereafter when the message of dismissal of special appeal no. 1369 of 1999 was communicated to the petitioner, then counsel for the petitioner came to know about the existence of the order. He applied for the order in anticipation that the special appeal bearing special appeal no. 1369 of 1999, which was earlier filed as (defective) appeal no. 630 of 1999 might have been dismissed as there may not be the inconsistent order in the said appeal after dismissal of three special appeals filed against the same judgement, in which the committee of Management and Secretary U.P. Secondary Commission remained at the array of respondents and were duly represented by their respective counsels. That, although the order passed on 23.11.2004 dismissing the Special Appeal No. 840 of 1999 has been affirmed by the order dated 26. 10. 2006 passed on Recall application, as it has been noted that in view of the judgement passed in special appeal No. 1369 of 1999, no order is required to pass on the recall application. Thus it appears that even by this order passed on 26.10.2006, the Hon’ble Division Bench dealing with the recall application in special Appeal No. 840 of 1999 did not find any merit in the said appeal. The Hon’ble division bench Presided by Hon’ble Dr. justice B. S. Chauhan adopted a unique manner in deciding the present Special Appeal wholly without jurisdiction purported to have decided on the same day, to which no person could have decided in the open court on 26.10.2006, otherwise their was no occasion for listing of the case on 1.11.2006 in the cause list for appropriate order on the recall application filed in Special Appeal no. 840 of 1999. Thus the judgement passed in special Appeal is bad in the light of the legal fiction that what not be done directly in absence of jurisdiction, the can not be done indirectly by the Hon’ble Division Bench presided over by Hon’ble Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta in passing the judgement on 26.10.2006 passed in special Appeal No. 1369 of 1999. That in this manner since the judgement passed in the special appeal no. 1369 of 1999 by the bench presided over the Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta is the judgment passed in absentia of the counsel of the petitioner/respondent appearing in the said appeal namely Senior Counsel Sri Ashok Khare, Advocate for the petitioner in writ petition no. 24443 of 1989, which was the only name printed as the sole name of the opposite party; and the same special appeal no. 1369 of 1999 was neither listed for hearing under the caption of the jurisdiction, nor there had been any serial number mentioned against the said listing of the special appeal, regarding which, the communication could have been made to the senior counsel Sri Ashok Khare, Advocate appearing on behalf of petitioner by the other counsel appearing in special appeal no. 840 of 1999 at the time of its dismissal on 23.11.2004. There was no jurisdiction conferred with the division bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta to decide the special appeal of the year of 1999 as the jurisdiction of the same was conferred before court no. 2 under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicata as held in Sarguja Transport Service versus State Transport appellate Tribunal (1987)1 S. C. C. 5.( paragraph 7) That it is submitted that there is the complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the matter may not be decided by another coordinated Hon’ble Division Bench, except the Hon’ble Division Bench having the jurisdiction conferred to the different benches as per the circulation of cause list circulated to the Hon’ble benches and members of the Bar.That the constitution of the benches as per the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952. The Registrar shall subject to such direction as Hon’ble Chief Justice may give from time to time caused to be prepare a cause list for each day on which the court sits containing the list of cases, which may be heard by different benches of court under Rule 6 of Chapter VI of High Court Rules, 1952.That an application for expediting of hearing of case or for listing a case out of term or for removal of case to be tried and determined by the court under Rule 4 or for withdrawal of a case under Article 228 of the Constitution of India shall be laid before Hon’ble Chief Justice (or any other judge of a bench nominated by Chief Justice in respect of any case or class of cases) for orders. Thus for having an out of term hearing of a case, the application is required to be moved before the Hon’ble the Chief Justice.That in this manner, it is crystal clear that if the case is not listed in the cause list after determination of heading for what purposes aforesaid matter is being listed, the other coordinate Division Bench dealing with other jurisdiction shall not be empowered to decide such case except by getting the nomination of the matter by the order of Hon’ble Chief Justice.That the other aspect of the matter is pertaining to the determination of the reason for which a particular case is being listed in the cause list circulated to the bench and the members of Bar, the case may not be decided by any other coordinated Division Bench without it being posted for hearing.That the Allahabad High Court Rules, 1952 have been promulgated in exercise of the power conferred under Article 225 of the Constitution of India and all other powers enabling it on that behalf. Thus the strict observation and compliance of mandatory provisions is required to be observed by the Hon’ble Court in consonance with requirement of Principle of equity, fairness and in such circumstances if the practice and procedure prescribed in this regard is not followed then the deviations from the rules of court may violate Article 14 of the Constitution of India.That in the light of the aforesaid legal propositions advanced by the deponent / writ petitioner, it is submitted that the present special appeal without being listed in the daily cause list either under the separate serial number in the cause list, nor it remain listed with the appropriate heading ‘For Hearing’, but the same has been decided without giving notice to the counsel appearing for respondent.That under the provisions of Chapter V Rule 1 of High Court Rules, 1952, the sole prerogative of the Hon’ble Chief Justice to decide the particular subject matter conferred on particular bench for particular period. If the decision of the subject matter by some other bench is taken up without being listed at the serial number under the heading of the hearing or without the case being Part-heard or tide-up, if the decision is given by the other bench without nominating by the Hon’ble Chief Justice the judgement will be without jurisdiction and nullity.That, it is in the interest of justice that the order dated 26.10.2006 passed in Special Appeal no. 1369 of 1999 may be set aside and the Hon’ble Chief Justice refer the matter to Hon’ble Three Judges, as justice may be done with the rights of the applicant/petitioner.Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad
7/06/2008 6:26 AM
yogesh saxena said…
Complaint in respect of functioning of Justice Dr. B.S. Chauhan in respect of his functioning as Allahabad High Court Judge, Now elevated as Chief Justice of another High Court To,My lord The Chief Justice Of India,Hon’ble Supreme Court Of India,New DelhiReference:- The Division Bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta has decided the special appeal No. 1369 of 1999 wholly without Jurisdiction , as the jurisdiction to hear and decide the same on 26.10.2006, the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2 Gupta under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. It is submitted that the Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta. There is a complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952 The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicataSubject:- Direction may be issued for deciding the matter pertaining to recall of order and judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 passed wholly without Jurisdiction by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta as the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta, when the Special appeal no. 1369 of 1999 was not even listed in court no. 34 as the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2The submission of the petitioner Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad in this regards are as under. That the Petitioner was appointed as Lecturer in English in the institution on 9.8.1968. He was confirmed after completion of probation period on 9.8.1969. He was the member of Rashtriya Swamsevak Sangh and as such he was detained under the maintenance of Internal Security Act from 14.8.1975 to 30.3.1977. He was again detained under National Security Act (N.S.A.) on 1.11.1980 upto 10.12.1980 and despite the aforesaid preventive detention; the respondents paid the petitioner salary. That third time when on 11.7.1987 the petitioner went to Govt. Inter College, Moradabad to take training under the new education policy, he was detained under the provisions of Internal Security Act. That the petitioner was taking the training alongwith the principal of institution and one Khajan Giri and as such he told the Principal to inform the Manager about his arrest, but still the Manager wrote a letter on 24.7.1987 stating therein that the petitioner did not attend the college and was not present in the institution on 21.7.1987.That on 27.7.1987 the petitioner wrote a letter that he was arrested by the Police at the gate of Govt. Inter College, and had been lodged in district Jail Moradabad from 11.7.1987. This letter was sent through district Jail Moradabad and the same was communicated to the Manager, who sent the aforesaid letter to the D.I.O.S. Moradabad on 31.7.1987.That the members of Bhartiya Janta Party shown its resentment against the illegal detention of the petitioner and the news to this effect was published in Amar Ujala on 16.7.1987. Thus the management knew the fact regarding the absence of petitioner on account of unavoidable circumstances of his illegal detention, but still the allegation of absent from leave was leveled against the petitioner.That Sri Kameshwar Nath Mishra, Senior Lawyer of District Court Moradabad and the Vice-President of Committee of Management of Institution passed resolution on 15.7.1987 seeking bye cot of all the courts Moradabad on account of illegal arrest of petitioner. That still the resolution was passed on 4.9.1987 to give a notice to the petitioner as to why he remained absent from 11.7.1987 and sought for his explanation. The notice was sent to the petitioner in jail on 10.9.1987 stating therein that why his services should not be terminated. The explanation of petitioner regarding his absence being beyond his control as had been detained under the National Security Act and the earlier information sent to the manager on 27.7.1987 was not taken into consideration by the management. That the charges were in respect of previous detention for which the petitioner was paid his salary was also leveled as the first charge, while the second charge was falsely concocted, as the petitioner did not give any information regarding his detention, nor gave any leave application. The petitioner explained every thing in his letter dated 21.1.1988 and said that he is district Jail due to illegal detention and as such the absence of petitioner was beyond his control. The sole reason for the detention of the petitioner was that he was the District Secretary of Bhartiya Janta Party. That the petitioner was suspended, but the suspension order was revoked after 60 days. It is submitted that after being released from the preventive detention on 11.7.1988, the petitioner was directed to put his signature in the office of D.I.O.S. Moradabad, as the Management did not allow the petitioner to resume his duties. The petitioner was paid salary by the D.I.O.S. even after the preventive detention. That despite all such facts the matter was referred to the U.P. Secondary Education service Commission, Allahabad to whom petitioner sent a letter on 24.2.1989 seeking setting aside the proposal of the Committee of Management, but the one member committee who was not even authorized to conduct the enquiry recommended for termination of services of the petitioner and thereafter the U.P. Secondary Education service Commission, Allahabad on 28.7.1989 granted approval to the proposal for termination.That one member committee of O.N. Shah who remained Assistant Manager of the Committee of Management of the Institution on 17.5.1987 and was the Principal of S.S.K. Inter College could not be appointed as one member committee and his recommendation to dispense with the services to the commission were void-ab- initio and as such the subsequent order of termination dated 1.9.1989 on the baseless, misconceived and frivolous charges was liable to be set aside, which was done by the reasoned judgement passed on 11.8.1999 in writ petition no. 24443 of 1989.The said judgement was challenged by the Committee of Management in Special Appeal no. 840 of 1999.That after the dismissal of special appeal no. 840 of 1999 when the recall application was filed without serving the copy of said application to the counsel for the petitioner, then the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta after going through the contents of the counter affidavit filed in the said application seeking recall of the order dated 23.11.2003, summoned the file of the special appeal no. 860 of 1999 (filed by Sudhir Kumar dismissed on 2.4.2004), the Special Appeal no. 907 of 1999 (filed by U.P. Secondary Education Service Commission dismissed on 14.9.1999) and also the record of pending present Special appeal no. 1369 of 1999, simply to ascertain the matter in consonance with the requirement as to whether the recall application filed on behalf of the committee of management may be allowed or the same may be dismissed in absence of any rejoinder affidavit to the allegations made in the counter affidavit filed by the petitioner. That the special appeal no. 840 of 1999 was dismissed as not pressed on 23.11.2003 by the Division Bench presided over by the Hon’ble Dr. B.S. Chauhan and Hon’ble Dilip Gupta, JJ. The aforesaid appeal was filed by the Committee of Management of Ambika Prasad Intermediate College, Moradabad challenging the judgement and order dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai J in writ petition no. 24443 of 1989 (Prem Shankar Sharma Vs. State of U.P. and others). Thereafter an application for recall of the order dated 23.11.2003 purported to have been passed in the Special Appeal no. 840 of 1999 without annexing the judgement dated 23.11.2004 dismissing the aforesaid Special Appeal no. 840 of 1999 was filed without serving the copy of said application to the counsel for the Petitioner. That the Petitioner filed the counter affidavit in reply to the affidavit filed in support of the recall application. It was stated that the judgment can not be recalled by moving an application at belated stage and the copy of the same is not given to the counsel appearing on behalf of answering respondent. That it was further stated that the said application is filed without having any explanation regarding non-filing of application seeking condonation of delay. Thus the same is not maintainable and liable to be rejected. That it was further stated that the Special Appeal no. 860 of 1999 filed by Sudhir Kumar against the same judgement dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai, J has been dismissed on 2.4.2004. This person Sudhir Kumar was inducted as the Lecturer in English after dispensing the services of the petitioner. However, when the writ petition no. 24443 of 1989 was allowed on 11.8.1999, then the services of Sudhir Kumar were terminated and as such he filed the Special appeal no. 860 of 1999, which was also dismissed and thereby reaffirming the judgement dated 11.8.1999. That the special appeal no. 907 of 1999 was filed against the same judgement passed on 11.8.1999 by Hon’ble Mr. Justice V.M. Sahai in writ petition no. 24443 of 1989, but that special appeal was also dismissed as misconceived and also being filed without any locus-standi by the judgment dated 14.9.1999. That on 26.10.2006 the jurisdiction to here the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2. It is submitted that the present Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta and as such only to ascertain the facts stated in the counter affidavit and in the affidavit filed in support of the alleged recall application, the records of three aforesaid special appeal was summoned, wherein the name of the counsel appearing on behalf of petitioner/respondent namely Sri Ashok Khare, Advocate was the only name mentioned in special appeal no. 1369 of 1999. That the Standing counsel was not prepared to argue the matter pertaining to the special appeal no. 1369 of 1999 filed by the State of U.P. in absence of the same not being listed in court no. 34 and in absence of Sri Ashok Khare, senior Counsel appearing in the said appeal on behalf of petitioner. This fact has been brought to the notice of the deponent by his counsel appearing in Special appeal no. 840 of 1999, which was dismissed on 23.11.2004.That the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan enquired about the matter from Sri V.K. Singh Advocate appearing in special appeal no. 840 of 1999 and also enquired from the counsel for the respondent only about the controversy involved in all such special appeal out of which three special appeals were already dismissed while the special appeal no. 1369 of 1999 filed by State of U.P. was surviving. The counsel informed that the question as to whether a teacher while detained under Preventive detention could have been said to be voluntarily absenting from duty on the basis of which without affording any opportunity, the services of such teacher may be dispensed with in gross violation of the principle of natural justice and the case law relied upon in the judgement dated 11.8.1999 (state of Madhya Pradesh Vs. Rama Shankar Raghuvanshui A.I.R. 1983 S.C. 374), (M.H. Devendrappa Vs. Karnataka State in Small Industries Development Corporation. A.I.R. 1988 S.C. 1064), Sarnam Singh Vs. Smt Pushpa Devi 1986 (1) U.P.L.B.E.C. page 348 and Anukool Chandra Pradhan Vs. Union of India A.I.R. 1997 S.C. 2814, State of Orissa Vs. Dr. Miss. Bina Pani Dei and others 1967 (2) S.C.R. 625 (Para-9), Mohinder Singh Gill VS. Chief Election Commissioner 1978 (2) S.C.R. 272 (Para-9), State of West Bengal Vs. Anwar Ali Sarkar 1952 S.C.R. 284 followed in D.K. Yadav Vs. M/S J.M.A. Industry J.T. 1993 (3) S.C. 617 as well as the provisions of Regulation 35, 36, 37, 38, 39, 40, 44 and 45 read with section 16 (G) (3-A) as provided under Chapter III of the U.P. Intermediate Education Act, 1921 and rule 6 of rules framed under Act no. 5 of 1982 referred in the judgement dated 11.8.1999 were indicated as the controversy involved regarding unavoidable incident relating to the arrest under preventive detention, which is not pertaining to any criminal activity, but simply on account of participating into association under Article 19 (1) ( C) of the Constitution of India. The matter was not argued by the standing counsel, but in the judgment allegedly delivered on 26.10.2006, it has been falsely mentioned that the case was argued by the learned standing counsel appearing for the State Appellant. The counsel for the petitioner in Special Appeal No. 840/1999 Sri Yogesh Kumar saxena, Advocate informed the deponent that it was only Sri V.K. Singh, Advocate appearing in Special appeal No. 840/1999, who placed the controversy involved in his special appeal no. 840 of 1999.That on 1.11.2006, when the matter was shown to be listed in the cause list of court no. 34 regarding the delivery of the order in the recall application filed in special appeal no. 840 of 1999 then counsel for the petitioner was informed that since the special appeal no. 1369 of 1999 filed by the State of U.P. was also liable to be dismissed and as such it has been shown to be decided on 26.10.2006 in the cause list of 1.11.2006. That upto this time i.e. 1.11.2006 there was no existence of the order alleged to have been passed on 26.10.2006 in the special appeal no. 1369 of 1999 on the basis of which the recall application was decided as no order is required to be passed on this application, but subsequently thereafter when the message of dismissal of special appeal no. 1369 of 1999 was communicated to the petitioner, then counsel for the petitioner came to know about the existence of the order. He applied for the order in anticipation that the special appeal bearing special appeal no. 1369 of 1999, which was earlier filed as (defective) appeal no. 630 of 1999 might have been dismissed as there may not be the inconsistent order in the said appeal after dismissal of three special appeals filed against the same judgement, in which the committee of Management and Secretary U.P. Secondary Commission remained at the array of respondents and were duly represented by their respective counsels. That, although the order passed on 23.11.2004 dismissing the Special Appeal No. 840 of 1999 has been affirmed by the order dated 26. 10. 2006 passed on Recall application, as it has been noted that in view of the judgement passed in special appeal No. 1369 of 1999, no order is required to pass on the recall application. Thus it appears that even by this order passed on 26.10.2006, the Hon’ble Division Bench dealing with the recall application in special Appeal No. 840 of 1999 did not find any merit in the said appeal. The Hon’ble division bench Presided by Hon’ble Dr. justice B. S. Chauhan adopted a unique manner in deciding the present Special Appeal wholly without jurisdiction purported to have decided on the same day, to which no person could have decided in the open court on 26.10.2006, otherwise their was no occasion for listing of the case on 1.11.2006 in the cause list for appropriate order on the recall application filed in Special Appeal no. 840 of 1999. Thus the judgement passed in special Appeal is bad in the light of the legal fiction that what not be done directly in absence of jurisdiction, the can not be done indirectly by the Hon’ble Division Bench presided over by Hon’ble Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta in passing the judgement on 26.10.2006 passed in special Appeal No. 1369 of 1999. That in this manner since the judgement passed in the special appeal no. 1369 of 1999 by the bench presided over the Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta is the judgment passed in absentia of the counsel of the petitioner/respondent appearing in the said appeal namely Senior Counsel Sri Ashok Khare, Advocate for the petitioner in writ petition no. 24443 of 1989, which was the only name printed as the sole name of the opposite party; and the same special appeal no. 1369 of 1999 was neither listed for hearing under the caption of the jurisdiction, nor there had been any serial number mentioned against the said listing of the special appeal, regarding which, the communication could have been made to the senior counsel Sri Ashok Khare, Advocate appearing on behalf of petitioner by the other counsel appearing in special appeal no. 840 of 1999 at the time of its dismissal on 23.11.2004. There was no jurisdiction conferred with the division bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta to decide the special appeal of the year of 1999 as the jurisdiction of the same was conferred before court no. 2 under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicata as held in Sarguja Transport Service versus State Transport appellate Tribunal (1987)1 S. C. C. 5.( paragraph 7) That it is submitted that there is the complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the matter may not be decided by another coordinated Hon’ble Division Bench, except the Hon’ble Division Bench having the jurisdiction conferred to the different benches as per the circulation of cause list circulated to the Hon’ble benches and members of the Bar.That the constitution of the benches as per the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952. The Registrar shall subject to such direction as Hon’ble Chief Justice may give from time to time caused to be prepare a cause list for each day on which the court sits containing the list of cases, which may be heard by different benches of court under Rule 6 of Chapter VI of High Court Rules, 1952.That an application for expediting of hearing of case or for listing a case out of term or for removal of case to be tried and determined by the court under Rule 4 or for withdrawal of a case under Article 228 of the Constitution of India shall be laid before Hon’ble Chief Justice (or any other judge of a bench nominated by Chief Justice in respect of any case or class of cases) for orders. Thus for having an out of term hearing of a case, the application is required to be moved before the Hon’ble the Chief Justice.That in this manner, it is crystal clear that if the case is not listed in the cause list after determination of heading for what purposes aforesaid matter is being listed, the other coordinate Division Bench dealing with other jurisdiction shall not be empowered to decide such case except by getting the nomination of the matter by the order of Hon’ble Chief Justice.That the other aspect of the matter is pertaining to the determination of the reason for which a particular case is being listed in the cause list circulated to the bench and the members of Bar, the case may not be decided by any other coordinated Division Bench without it being posted for hearing.That the Allahabad High Court Rules, 1952 have been promulgated in exercise of the power conferred under Article 225 of the Constitution of India and all other powers enabling it on that behalf. Thus the strict observation and compliance of mandatory provisions is required to be observed by the Hon’ble Court in consonance with requirement of Principle of equity, fairness and in such circumstances if the practice and procedure prescribed in this regard is not followed then the deviations from the rules of court may violate Article 14 of the Constitution of India.That in the light of the aforesaid legal propositions advanced by the deponent / writ petitioner, it is submitted that the present special appeal without being listed in the daily cause list either under the separate serial number in the cause list, nor it remain listed with the appropriate heading ‘For Hearing’, but the same has been decided without giving notice to the counsel appearing for respondent.That under the provisions of Chapter V Rule 1 of High Court Rules, 1952, the sole prerogative of the Hon’ble Chief Justice to decide the particular subject matter conferred on particular bench for particular period. If the decision of the subject matter by some other bench is taken up without being listed at the serial number under the heading of the hearing or without the case being Part-heard or tide-up, if the decision is given by the other bench without nominating by the Hon’ble Chief Justice the judgement will be without jurisdiction and nullity.That, it is in the interest of justice that the order dated 26.10.2006 passed in Special Appeal no. 1369 of 1999 may be set aside and the Hon’ble Chief Justice refer the matter to Hon’ble Three Judges, as justice may be done with the rights of the applicant/petitioner.Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad
7/06/2008 6:26 AM
e – Voice Of Human Rights Watch – e-news weeklySpreading the light of humanity & freedomEditor: Nagaraj.M.R….vol.4 . issue.27……05/07/2008

e-Judiciary: computerizing the judicial system
http://www.expresscomputeronline.com/20080707/technologysabha04.shtml
CLM Reddy Head, Courts Informatics Division, National Informatics Centre, gave a comprehensive overview of the state of affairs vis-à-vis the ongoing computerization of the Indian judicial system. By Pujya Trivedi
Former President APJ Abdul Kalam Azad kicked off the process of establishing a judicial e-governance grid that would cover the entire judicial system in India from the district courts to the Apex ones back in July 2007.
Two decades back, NIC had initiated the computerization of Indian Judicial activities in 1990 starting with the Supreme Court of India. During 1992-1995 NIC took up the computerization of all High Courts on the lines of the Supreme Court computerization program. During 1997-1999 NIC implemented IT systems at 430 District Courts with the aim of creating awareness. During 2002-2005, it implemented systems at Metro and Capital city courts.
From 2007 onwards, NIC has been implementing Phase – I of the District and Subordinate courts project at a cost of Rs 442 crore. This project is to be completed within two years. The e-court effort by the Supreme Court will be completed in three phase as MMP under NeGP plan to link 15,000 courts in the country, informed CLM Reddy Head, Courts Informatics Division, National Informatics Centre, during his speech at Technology Sabha, Kovalam.
Public Interface applications (PIAs)
Reddy gave a complete overview of the current state of affairs of e-Judiciary in India.
Under the e-Courts program, a list of eight services is to be provided including the online availability of judgments cause list, e-Filing of cases, notices through emails, etc. CLM Reddy said, “A need was felt to enable the Indian Judiciary through ICT. For this purpose, Public Interface Applications (PIA) were developed to help in the judicial administration of courts to streamline their day-to-day processes.” These PIAs are being used by judges to access legal and judicial databases as well as by litigants for whom information transparency is vital.
Some of the PIAs accessible on the Internet are:
Cause lists
Cause lists are the schedules of cases that will be heard by the courts on the following day. The Cause lists (CL) of the Supreme Court and all 21 High Courts are available on NIC’s Web Servers. Reddy said, “This is a near time critical application in all the Courts because until the list is ready and published, tomorrow’s court can not function.” This application helps advocates and litigants view the cause lists as soon as they are out in the registry. It eliminates the need to wait for a hardcopy to be delivered late in the evening. Advocates can now easily locate and generate their own CLs.
Daily orders
Orders delivered by the court are made available to litigants on the Internet on the same day. This application receives about 15,000 hits every day.
Case status
Through this application the latest status of a case that is either pending or has been disposed off by the Supreme Court or a High Court is accessible.
Judgments Information System
This consists of the judgments of the Supreme Court and several High Courts. It contains close to 60,000 reported judgments of the Apex Court that can be accessed by litigants and lawyers. Reddy added, “For those who do not have access to the Internet, we have introduced an Interactive Voice Response System to access Supreme Court cases. This system can be accessed by dialing 24357276.”
Digitally signed certified copies
The Court also provides digitally signed copies, which do not need to be crosschecked with the original file and can be immediately served to a litigant. As there will be no delay in issuing a certified copy, the dealing clerk has to provide the copy on the spot. The litigant can even download an electronically certified copy from the Net without having to contact the court.
India code
It contains all the Acts of Parliament from 1834 onwards. Each Act contains a Short Title, Enactment, Sections and Schedule, Amendments, etc. which can be retrieved online. Judges and librarians can maintain a reliable and updated copy of the India code.
e-Filing
This system envisages the electronic filing of cases by advocates from their offices. The advocate gets a receipt that has been digitally signed by the court authority. The person filing cases electronically is entitled to receive court proceedings electronically.
Earlier computerization schemes
The Indian judicial system encompasses nearly 15,000 courts situated in approximately 2,500 court complexes. In 1997, 430 district courts were computerized with an investment of Rs 15 crore. Under this scheme, one PC was provided to every district judge. During 2001-02, 700 metro civil courts were computerized and two or three PCs installed in each court with an outlay of Rs 17.8 crores. In 2003-04, 781 courts in 29 capitals were enabled and two or three PCs deployed in each court with an investment of Rs 24.8 crore. The e-Court monitoring Committee was constituted to oversee the implementation process in December 2004. NIC implements projects under the overall guidance of this e-Committee.
The e-Court project
The e-Court project was approved by CCEA (Cabinet Committee on Economic Affairs) in 2007. The total cost of this project has been estimated to be Rs 442 Crore and is expected to be completed by end-2008. This project will cover the remaining lower courts as well as take care of upgrading the ICT infrastructure. The implementing agencies for this project are NIC with the consultation and guidance of the e-committee.
The e-Courts project will ensure that the status of pending cases from every court will be available online—in terms of both the cause list and the case details. It will also help courts issue digitally certified copies instantaneously. Facilitation counters will be set up in every court building for filing of cases and the issuance of certified copies and case information. This will help citizens report cases and obtain information without hassle.
In phase -II of this project, victims and witnesses will be produced through video conferencing. Notices will be served and summons of higher court will be sent electronically. Digitally signed court orders and judgments will be available on the Net.
This project will also help in creating a database of pending cases and the electronic calculation of fees to eradicate corruption. It will electronically assign cases to judges. Similar cases will be grouped together, which will help in closing similar cases at a go. The system will also store digital transcripts of evidence, to make them tamperproof. Moreover, this system will help in the monitoring of process service levels.
12,840 laptops had been supplied to judges, over 9,000 of who were provided with Internet connectivity by BSNL and the rest were in the progress of being brought online. 13,000 laser printers were also being given to the judges. In the court complexes, two to six servers per court and one laptop along with a scanner and printer were provided with a LAN. Personalized training and handholding for two years is being given to judges and their staff. Several awareness programs and workshops are being carried out by retired judges to deal with change management. Reddy said, “The e-judiciary initiative in the overall system will help in regular monitoring of cases, bring transparency to the system, enabling the quicker disposal of cases and help in transforming court services into a more focused system that will meet the needs of the citizen.”
pujya.trivedi@expressindia.com
www.expresscomputeronline.com

HC bans mining in Brij Chaurasi Kose
http://timesofindia.indiatimes.com/Jaipur/HC_bans_mining_in_Brij_Chaurasi_Kose/articleshow/3195098.cms
JAIPUR: The Rajasthan High Court on Thursday put a blanket ban on mining activities in the sacred Brij Chaurasi Kose area of Deeg and Kama tehsils of Bharatpur. The place is of great significance as the same is believed to be the place of “Krishnaleela” and witnesses several pilgrimages around the year. The court passed this order in as many as 113 petitions filed by the mine owners whose mining licenses were prematurely terminated by the mining department early this year. The petitions were seriously opposed by the priests of Man Mandir Seva Sansthan on the ground that the area is losing its ancient charm and the world’s most famous “Krishnaleelasthali” has been disfigured by the mining activities that are being carried on illegally in some cases.
4 Jul 2008, 0620 hrs IST,TNN
http://timesofindia.indiatimes.com

HC seeks number of cheque bounce cases in state
http://www.hindu.com/thehindu/holnus/004200807041221.htm
Mumbai (PTI) The Bombay High Court on Thursday asked the Law and Judiciary department of the Mantralaya to submit details of the number of cheque bounce cases pending under the Negotiable Instruments act in the state within two weeks.
Division bench of Chief Justice Swatanter Kumar and Justice V M Kanade was hearing a public interest litigation seeking to appoint special courts to deal with cheque bounce cases.
The court wanted to know whether there was a requirement for more magistrates to deal with such cases and how many such cases were filed.
Additional government pleader Anand Patil informed the court that after an order of the high court in 2005, the state had created 100 new posts for civil magistrates across the state.
The court has asked the law and judiciary department to evaluate the situation and inform it if they had adequate infrastructure and if there was requirement for still more posts for magistrates to be created. To get a better insight into the matter, the Chief Justice asked Patil to give area-wise details of the ratio of the number of cases pending to the number of judges in the state.
The court also wants to know the number of cases filed nder the Negotiable Instruments Act section 138 (cheque bounce cases) and the pendency of such cases in courts.
The PIL will come up for further hearing on July 17.
Friday, July 4, 2008
www.hindu.com

Pubjab and Harayana HC stays CAT order quashing Malik suspension
http://www.indlawnews.com/Newsdisplay.aspx?f872fa10-fce5-4509-99d5-dc2598729ab6
The decision of the local bench of the central administrative tribunal (CAT) in quashing the suspension of former Haryana Police Chief Mohinder Singh Malik was today stayed by the Punjab and Haryana High Court here. The division bench of Justices Hemant Gupta and Mohinder Pal ordered the stay after preliminary hearing of the Haryana government’s plea challenging the CAT order vide which it had allowed the application of Malik against the state orders in suspending him and also subsequent orders extending the period of suspension till October 31, the date on which the former DGP was otherwise due to retire from service. Malik is 1969 batch IPS officer of Haryana cadre.While staying the operation of the orders of CAT, the bench also issued notices for September 18, 2008 to CAT, Malik and the union government for filing their response in the matter. The CAT order besides quashing suspension and reinstatement, also envisaged all consequential service benefits. Malik had been placed under suspension on June 14, 2005 and a charge sheet served on him on August 3, 2005 enumerating alleged illegalities pertaining to the establishment of and recruitment to now defunct Haryana state industrial security force (HSISF). UNI
7/3/2008
www.indlawnews.com

N H Wadia trust to submit ad draft within one week: HC
http://www.thehindubusinessline.com/blnus/28041620.htm
MUMBAI: The Bombay High Court on Friday asked the N H Wadia Trust to submit a draft of the advertisement to be published regarding an auction of a prime piece of land owned by it to the Prothonotary within one week.
Division bench of Justices S B Mhase and Ashutosh Kumbhakoni said that the fresh auction of the land was only to find out the market price of the land.
The Prothonotary would record the bids and forward the details to the Charity Commissioner. The Court was hearing an application filed by the son of one Sakharam Patil who was the original lessee of the land, claiming his rights as the Trust was planning to sell it. The 5722 sq mtr land, located in Kalina, North Mumbai, was leased to Patil and his family for agriculture in 1938. The land was cultivated till 1984. In 2004, the Trust decided to sell the land and approached the Charity Commissioner after e valuating the land value at Rs 1.5 crore, without disclosing about the lease given.
The Charity Commissioner had subsequently valued the land at Rs 2 crore, which is much below the market price, petitioners said, who are seeking their claim of the auction price.
The Charity Commissioner had, pursuant to the matter being brought to Court, conducted an auction last month. The highest bidder – Kalptaru builders, was ready to pay Rs 51.46 crore for the land. Kalptaru’s bid is not cancelled, considering that fresh b ids are being invited, Court said. – PTI
Friday, July 4, 2008
www.thehindubusinessline.com

Opening by CJI tomorrow
http://www.newindpress.com/NewsItems.asp?ID=IEK20080704014239&Page=K&Title=Southern+News+-+Karnataka&Topic=0
GULBARGA: CHIEF Justice of India Justice K.G. Balakrishnan will inaugurate the much-awaited High Court Circuit Bench here on Saturday.Chief Minister B.S. Yeddyurappa and Supreme Court Justice R.V. Raveendran will be the chief guests. Chief Justice of the State High Court Cyriac Joseph will preside over the programme.Minister for Law and Parliamentary S. Sureshkumar, Minister for Public Works C.M. Udasi, Opposition leader Mallikarjuna Kharge, former chief ministers N. Dharam Singh and H.D. Kumaraswamy and Advocate General Udaya Holla will be the guests of honour. Former High Court judges and MLCs of Bidar, Bijapur, Gulbarga and Raichur districts will be present.
Friday July 4 2008 12:04 IST
ENS
Arushi murder: SC dismisses plea against narco test
http://www.expressindia.com/latest-news/Arushi-murder–SC-dismisses-plea-against-narco-test/330876/
New Delhi, July 3: The Supreme Court on Thursday refused to entertain a petition seeking to restrain CBI from conducting narco-analysis test on the suspects in Noida’s Arushi-Hemraj murder case.
The petition was filed by All India Lawyers Joint Action Committee, an unregistered body of lawyers.
Refusing to entertain the plea, a bench headed by Justice Altamas Kabir said the lawyer’s body had no locus standi in the case as it was not a registered entity in law and, therefore, the petition was not maintainable.
Agencies
Posted online: Thursday , July 03, 2008 at 12:50:24
http://www.expressindia.com

SC directs Centre to ensure smooth traffic movement on NH 31A
http://www.thehindubusinessline.com/blnus/28031415.htm
NEW DELHI: The Supreme Court on Thursday directed the Centre, the Governments of Sikkim and West Bengal to ensure smooth flow of traffic on the National Highway 31A, the lone road linking Sikkim to rest of the country which is frequently blocked by pro a nd anti-Gorkhaland supporters.
A Bench headed by Justice Altamas Kabir also ordered the organisations, agitating in favour and against the creation of Gorkhaland, not to block traffic or people movement on the highway which is the lifeline of Sikkim.
The court passed the order on a petition filed by a Sikkim resident, Mr O P Bhandari seeking directions to Governments to ensure safe transportation of essential commodities to the state through the highway which often becomes the venue of protests on th e Gorkhaland issue.
The petitioner pleaded that frequent bandhs and strikes in the recent past had badly affected normal life of people in the state and its economy was adversely affected by the ongoing agitation. – PTI
Thursday, July 3, 2008
www.thehindubusinessline.com

SC anguished over frequent strikes, pulls up govt for inaction
http://www.hindu.com/thehindu/holnus/001200807032022.htm
New Delhi (PTI): On a day of bandh on the Amarnath yatra issue, the Supreme Court on Thursday upbraided the Executive for showing “helplessness” in acting against those holding the country to “ransom.”
The apex court’s observations were not related to the BJP-sponsored countrywide bandh but came during a hearing on a petition relating to the recent blockade of a National Highway in West Bengal by agitators demanding a separate Gorkhaland.
“You(State) all rest and do nothing. Those who are required to act according to the Constitution are party to it. Those who have the muscle power can hold the country to ransom,” it observed while voicing its dismay over frequent strikes and road blockades in the country.
“The entire life comes to standstill. Movement of medicine, fuel and everything gets affected and the state expresses its helplessness. This cannot be allowed,” a Bench headed by Justice Altamas Kabir said.
The Bench, which was hearing the petitions relating to the recent blockade of National Highway 31A, was surprised that in such type of crisis the authorities were shirking from their responsibility and leaving it to the judiciary to handle the situation. The Highway, which is the lone road linking Sikkim to the rest of the world, was blocked by agitators demanding a separate Gorkhaland.
“They (states) leave their responsibilities to courts. The court has to pass order which the state should do by itself. Then it is said there is interference and judicial overreach,” the Bench said while directing the Centre, governments of West Bengal and Sikkim to ensure smooth flow of traffic on the NH 31A.
Thursday, July 3, 2008
www.hindu.com

Panthers Party moves SC against revocation of land transfer
http://sify.com/news/fullstory.php?id=14708306
New Delhi: The Supreme Court is likely to hear tomorrow a petition challenging the decision of the Jammu and Kashmir Government to revoke the transfer of land to Amarnath Shrine Board.
The petition, which was mentioned before a Bench headed by Justice Altamas Kabir for urgent hearing, sought quashing of state government’s order revoking the transfer of 39.88 hectare of forest land to the Board contending that the decision was taken by the minority government which has been directed by the Governor to prove its majority on the floor of the House on July 7.
The petition filed by Prof Bhim Singh, chairman of J&K National Panthers Party, also alleged that the state government has imposed the curfew in Jammu without any logic which resulted in creating anarchy and leaving the people helpless.
The imposition of curfew has taken away the fundamental rights of school going children, patients and working class, the petition said.
The petition sought a direction for the Jammu and Kashmir Government to pay a compensation to the families of those killed and injured during police firing in different parts of the state during the recent protests
Thursday, 03 July , 2008, 20:37
http://sify.com

SC restrains Gujarat govt. from arresting Ashis Nandy
http://www.hindu.com/thehindu/holnus/002200807011655.htm
New Delhi (PTI): The Supreme Court on Tuesday restrained the Gujarat government from arresting political analyst Ashis Nandy on a FIR registered against him for writing an article allegedly having communal overtones.
A vacation bench headed by Justice Altamas Kabir allowed the petition filed by Nandy seeking stay on his arrest and criminal proceedings initiated against him on the basis of an FIR registered by Ahmedabad police after his article appeared in a national daily.
Nandy had moved the apex court after the Delhi High Court earlier refused to provide him an interim protection against arrest.
The scholar has also sought quashing of the FIR lodged on a complaint filed by V K Saxena, President of an NGO, National Council for Civil Liberties (NCCL).
In the FIR, it was alleged that Nandy’s article related to assembly election results promoted communal disharmony between Hindus and Muslims.
However, Nandy contended that the FIR was registered out of malafide intention and oblique motive. He said that the FIR was aimed at penalising and depriving him of expressing his bonafide views.
Tuesday, July 1, 2008
www.hindu.com

DAILY LEGAL NEWS 10.08.2008

India mulls federal agency to counter terror

http://www.khabrein.info/index.php?option=com_content&task=view&id=15801&Itemid=88

NEW DELHI, Aug 8 (KUNA) — In the backdrop of mindless terror attacks, the Indian government Friday held a meeting of its top civil and police officials to review the security situation in the country and consider creating a federal agency to counter terror.

The day-long meeting discussed the nature of recent terror attacks and the pattern emerging out of the blasts, which killed more than 55, a source in the Indian Home Ministry told reporters after the meet here. The meeting was chaired by Secretary of the Indian Home Ministry Madhukar Gupta. Indian Home Minister Shivraj Patil had earlier suggested measures to strengthen intelligence- gathering apparatus at the grassroot level. The government is keen for a federal agency to deal with crimes having inter-state and cross-border implications. The issue was discussed in today’s meeting, the source said.

The meeting also discussed probable security measures by the Indian states for combating terror.

www.khabrein.info

Police probe draws High Court flak in dacoity case

http://timesofindia.indiatimes.com/Goa/Police_probe_draws_High_Court_flak_in_dacoity_case/articleshow/3344390.cms

PANAJI: Expressing doubts over the investigations carried out by the police in a dacoity case the high court of Bombay at Goa dismissed an appeal filed by state government against acquittal of the accused, inclu

ding history sheeters, by a trial court.

Anil Jacob, Mohamad Ali Nadaf, Henric Kadam, Abdul Rehiman and Murgesh had allegedly committed dacoity at Dharbandora in 1999. Armed with knives they barged into the house of Pandurang Upadhey and walked away with valuables and cash of Rs 1.5 lakh. After arresting the accused the police seized items, including idols, from the accused.

During the hearing, the public prosecutor contended that the evidence of recovery of idols from the accused need not be discarded. A division bench comprising Justice S C Dharmadhikari and Justice R C Chavan called for the case diary maintained by the police and observed, “Far from dispelling doubts about the recovery of idols, the case diaries reinforce the possibility that these recoveries could be a part of attempt to create, and not collect, evidence.

“Every authority whose actions have a potential of jeopardising liberty of a citizen must ensure transparency in its actions by scrupulously following requirement to keep a record of such activities. The chronology of despatch of diaries creates a doubt about objectivity in investigation,” the court held. The court also dismissed the argument of the prosecution that one of the accused, Abdul Rahiman, had purchased a car from the booty received as the vendor (not the owner) stated that he had received the money about 15-20 days prior to the dacoity.

The court further noted, “The owner of this car, one Deelip Naik, has not been examined. These recoveries cast a shadow of doubt on the integrity of the investigation itself, creating a possibility that for whatever reasons, when investigations did not make headway, an easy option of roping in history sheeters to solve the crime was chosen, recoveries were shown and witnesses were made to identify the history sheeters so held.”

9 Aug 2008, 0442 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

King Khan’s kingdom in trouble

http://www.picshik.com/blog/2008/08/09/king-khan-s-kingdom-in-trouble/

King Khan’s bunglow Mannat has always been a talk of the town. For its beautiful palatial sea-facing looks or for its tight security, guarded by a huge iron gates. A PIL alleging 32 violations of law in the construction of his heritage bungalow named as ‘MANNAT’ in Bandra was filed in the Bombay High Court on Thursday.

The PIL was filed by social activist Simpreet Singh. The PIL stated that the construction behind Mannat had been carried out by merging 12 flats and 12 kitchens which were originally meant to house the poor. In this context Khan owed a specific liability under the Urban Land (Ceiling and Regulation) Act, 1976. He also violated the Coastal Regulation Zone (CRZ) Notification, 1991, by wrongly considering the land to be in the relatively liberal CRZ-II area. But actually the land is in highly restrictive CRZ-I area where no construction activity is allowed.

The PIL also alleged that the construction on the open space inside the premises was not permissible under the law.

Further the PIL alleged that the said construction also violated the statutory Heritage Regulations, which specified that the new building has to be of the same height as that of the old building and that it should have architectural attributes in harmony with the old structure.

However, in contrast, the new building had an ultra-modern architecture and was a glass house and that its height was more than three times the height of the old Heritage Building.

The impugned building was also constructed after committing a series of violations of DC Regulations. It was alleged that Khan was bringing up the structure in a space originally reserved for an art gallery. Further, to facilitate this illegal construction, a public road, constituting the lane going to the historical Mount Mary Church was deleted so that a palatial apartment could be constructed.

The facts brought before the statutory authorities were through a legal notice sent by the petitioners advocate Y P Singh in April, 2008. The PIL sought the disconnection of water and electric supply to Mannat, which is a landmark in Bandra Bandstand under section 5 of the Environment Protection Act, 1986.

According to the PIL, the bungalow, which is situated on a leased Collector’s Land, was purchased by Shahrukh Khan somewhere around the year 1999 from its erstwhile owners Shri Nariman Dubash. The entire land on which the bungalow stood was reserved at the time of the sale transaction for a public purpose i.e. Art Gallery. This reservation was so done because the said place was in a thick heritage area near the historical Bandstand and facing the promenade along the sea where a large number of tourists visit.

The PIL also contended that Khan wrote a letter to the Chief Minister in 2003, seeking dereservation of the land allotted for an art gallery within the premises of Mannat.

According to the PIL, Khan wrote in his letter, “Art galleries are not required in suburbs, and the same should be in the city.” He had also mentioned in his letter that a ‘Public Art Gallery’ on his bungalow compound would “disturb his privacy and affect his security.”

The PIL added that in September 2003, the government accepted Khan’s letter and directed BMC to start the process of deletion of the reservation.

In 2004, Khan sought permission from the heritage committee to construct a ground plus six-storey structure on the land behind his existing bungalow, which was marked heritage property. The PIL alleged that the actor never told the panel that he had illegally demolished two heritage structures, which stood there.

The PIL clearly states that fraud and cheating has been done to heritage Committee, MCGM and ULC. There were two more buildings in same compound which were silently demolished to show that in the land where proposed construction had to be done was vacant. But actually there were two more buildings and an extension of the arm of the old building, added the PIL.

The illegal change of name from the notified ‘VILLA VIENNA’ to ‘MANNAT’ is itself an infringement of the prescribed rules and regulations, states the PIL.

The PIL further alleged that party respondents, including the ministry of environment and forests, state government, BMC, have all failed to exercise their powers and allowed the violation of Development Control Regulation, CRZ notifications, Environment Protection Act, 1986, and other laws.

Out of the 32 points raised by the social activist Simpreet Singh and advocate Y P Singh, following are the significant:

  1. 12 small flats having 12 separate kitchens meant for mass housing under the Urban Land (Ceiling and Regulation) Act, 1976, were merged and made into a single palatial house.
  2. Public road deleted illegally so as to facilitate construction and to regularise the lack of statutorily required open spaces.
  3. Land classified as liberal CRZ-II but actually it is in highly restrictive CRZ-I where such constructions are banned.
  4. Even though heritage regulations prescribe new building to be in harmony with old one with reference to height and architectural style yet, new building was allowed to assume a height 3 times the old one and to bear a radically different architectural style.
  5. Old heritage bungalow deprived of its mandatory rear open spaces and sprawling compound.
  6. Illegal conferment of FSI on account of not deducting the area for “means of access” and Air Handling Units.
  7. Office use permitted illegally on 2nd floor since land is not in the liberal R-2 area but in the restrictive R-1 area.
  8. The entire land was under statutory reservation for public purpose i.e. Art Gallery – reservation deleted in an illegal manner.

Sat 9 Aug 2008

Posted by admin under Bollywood News , Shah Rukh Khan

www.picshik.com

 

Language row: Kannada group threatens to block trains to TN

http://www.zeenews.com/articles.asp?aid=461197&sid=REG

Bangalore, Aug 09: Members of Karnataka Rakshana Vedike (KRV) on Saturday blocked all the trains passing through the state to Tamil Nadu, alleging that some Tamil groups are resisting the efforts to accord classical language status to Kannada.

The Linguistic Experts Committee, constituted by the Prime Minister Manmohan Singh to examine the issue of granting classical language status to Kannada and Telugu, on Friday had recommended that the two languages be given classical language status.

It said that both the languages deserve classical status as they meet all the criteria for the same.

Now a decision in this regard will be taken by the Centre, which might wait for a decision of Madras High Court, which would hear a PIL questioning the expertise of the committee members on the status issue.

The PIL was filed by a Chennai based advocate – R Gandhi who in his petition requested that the committee be quashed and a new committee be set up with a retired high court or Supreme Court judge as chairman.

The United Progressive Alliance government granted classical status to Tamil in 2004. Ever since, both Karnataka and Andhra Pradesh governments have been pressing for the same status to their regional languages.

After dilly-dallying for months, the UPA govt finally constituted an expert committee to determine the eligibility of the two languages for classical status.

Karnatka ready for legal battle: CM

As the Karnataka Rakashana Vedike (KRV) activists today resorted to rail roko agitation to press for early decision by the Centre to grant classical language status for Kannada, Chief Minister B S Yeddyurappa said that his government was ready for legal battle on the issue.

The Government will mount pressure on the Centre to fulfil the state’s long pending demand and was even prepared for a legal battle approaching the Supreme Court, he told reporters here today.

Yeddyurappa who was on a day’s visit to the city appealed to KRV men to maintain peace and said he was confident that Kannada would get its legitimate classical language status.

He said he has learnt that a committee set up by the Centre on the matter has favourably recommended for according classical language status for Kannada.

He asked Tamil Nadu not to make attempts to stall the state’s efforts, warning such steps would only strain the relations between the two states.

Earlier, KRV activists blocked the Chennai-bound Lalbagh Express at Bangalore for about 20 minutes and shouted slogans against the Tamil Nadu government.

Responding to a query, Yeddyurappa said the government has already released funds for strengthening police force and anti-naxal force in the state, besides modernising them.

The Chief Minister inspected the work on the district court complex and addressed BJP workers. Zeenews Bureau

www.zeenews.com

 

Rule of law for healthy democracy in India

http://www.merinews.com/catFull.jsp?articleID=139150

 

Though India has celebrated 60 years of Independence, obstacles lie in its way of development. Corrupt governance and law system prove to be the bottlenecks. The urgency is to implement a rule of law without which democratic ethos will be undermined.

 

ON AUGUST 15, 2007, India celebrated its 60th year of Independence — a momentous journey in realising its constitutional goals and democratic aspirations. The main challenge for the Indian democracy and its governance has been social, economic and political developments. And, with this the rule of law is still not sufficiently protected in the Indian society.

 

Though we have achieved social and economic progress, not much efforts have been put to successfully protect the rule of law. Therefore, it’s a challenge for the Indian democracy and poses grave threat to governance.

 

The first reason why the rule of law in the Indian society has not achieved the intended results is that the deeply embedded values of constitutionalism or abiding by the Constitution of India have not taken roots in the society. There has been a lot of abuse of power by various institutions protecting the rule of law and they have also failed to fulfill their promise.

 

The Indian judiciary has always moved hand-in-hand with our Constitution with a view to promote social justice. If we go to interpret the deeper meaning of fundamental rights creating new avenues for seeking remedies for human rights violations through Public Interest Litigation (PIL) pleas and promoting genuine judicial interventions in the areas of child labour, bonded labour, clean and healthy environment, the women’s rights are a few examples how our judicial system has upheld the rule of law and ensured justice.

 

The enforcement of the rule of law and its protection can be done by shaping a number of factors, which will improve the capacity of the legal system to respond to injustices. There is a need to critically examine the effectiveness of the Indian democracy, given the fact that corruption is institutionalised in all spheres of governance.

 

The laws that are constantly violated for creating a vicious cycle of bribery have resulted in a cynical attitude towards law enforcement. Even anti-corruption laws that are occasionally enforced have settled scores with the opposition. This has given rise to a twin problem of criminalisation of politics and politicisation of crime.

 

Firstly, the role of law schools and legal education should be promoted given the ability to promote the new and innovative ideas in shaping the minds of lawyers in preparing to solve the problems of the country and the legal system at large.

 

Secondly, the lawyers of our country have a responsibility to recognise the problems of the legal system and conquer the gap between the law in books and the law that is practiced. They are to fulfill the role of law as an instrument of social change.

 

Thirdly, the judiciary and the justice delivery system also has to be taken in account. There is a lack of access to justice, therefore, providing justice to the victims of various forms of injustice has to be made profoundly significant and should be taken care of that the innocent is given justice.

 

Also, the working of the lower courts in India has to be significant improved. There should be establishment of various judicial institutions to identify the problems of justice delivery system and how far judiciary can help in establishing a rule of law society.

 

As a conclusion, we can say that democracy and the rule of law cannot be separated from each other, they are connected with each other. Urgent steps are needed to establish a rule of law society in India without which our fundamental credentials as a democracy will be seriously undermined.

CJ: Amy Mookerji

www.merinews.com

 

Gujarat HC seeks info on undertrials from govt

http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_seeks_info_on_undertrials_from_govt_/articleshow/3340298.cms

Ahmedabad: Gujarat High Court on Thursday sought a detailed report from the state government on all those undertrials who are lodged in jails across the state for three years or more. The court has sought details regarding the nature of crimes of these undertrials, and whether there is a provision of punishment of three-year jail term in any of the cases.

These details are being sought from all prisons by the division bench of acting Chief Justice MS Shah and Justice DH Waghela in connection with a public interest litigation aiming at jail reforms and curbing human rights violation by way of conducting speedy trials with a view to inhuman living conditions in state’s over crowded jails.

The high court is acting on a petition by an undertrial prisoner in Sabarmati Central Jail, Shailesh Raval, who urged the court to intervene in the issue to protect human rights of undertrials who are lodged in jail for two to three years on charge of crimes that are punishable for not even more than three years. In his long application before the court last year, Raval requested the court to direct the government to stop unnecessary delay in criminal proceedings of those undertrials who are in jail, and particularly those who are not getting bail till the time of provision of maximum punishment under law.

Raval had claimed that the courts should grant bail in cases where there are no strong charges against undertrial prisoners, for in many cases the undertrials serve jail for quite some time and ultimately courts acquit them. He also demanded framing of rules in connection with granting bail, so as to reduce burden of the country’s overcrowded jails.

When Raval wrote this application , then Chief Justice decided to treat it as PIL because the letter was in larger interest. The court has also appointed advocate Bhushan Oza as amicus curie in the case, who believes, “The petition aims at protecting human rights of undertrial prisoners and making rules regarding bail in consonance with people’s right to liberty.”

8 Aug 2008, 0755 hrs IST, Saeed Khan,TNN

http://timesofindia.indiatimes.com

 

Marry or go to jail : HC

http://www.thestatesman.net/page.news.php?clid=9&theme=&usrsess=1&id=217584

CUTTACK, Aug 8: A man accused of raping a pregnant woman has agreed to tie the knot with her after the Orissa High Court told him to either remain in jail or “marry the victim and enjoy the freedom.”
Justice Laxmi Kant Mohapatra while granting interim bail to Maheswar Naik for two months on August five had set a pre-condition of marriage with the victim for him to step out of jail.
The victim had alleged that he had established a sexual relationship with her on the promise of marriage but later went back on his word.
The court told 30-year-old Naik of Jaripada village in Tangi area of Cuttack district to either “languish in jail without bail or marry the victim and enjoy the freedom.”
Naik got the interim bail after he accepted the court’s terms and was released from jail yesterday. He was in jail for the past few months on charges of raping a woman of his own village nine months ago.
The woman, now in an advanced stage of pregnancy, alleged that Maheswar had established sexual relationship with her under the pretext of marriage.
However, when she became pregnant Maheswar backed out on his promise. She later lodged a complaint against him and he was booked on charges of rape. n pti

Sunday, 10 August 2008

www.thestatesman.net

 

 

Katara gets clean chit from HC

http://timesofindia.indiatimes.com/Ahmedabad/Katara_gets_clean_chit_from_HC_/articleshow/3344412.cms

AHMEDABAD: Four years after parliamentary election, Dahod BJP MP Babu Katara, who was suspended from the party after his involvement in illegal immigration racket was revealed last year, has emerged clean from charges of booth capturing.

Gujarat HC on Friday ruled that the allegations laid down by Congress candidate Dr Prabha Taviad hold no water, since she could not provide satisfactory evidence. Taviad, who lost the Dahod seat to Katara by a thin margin on 361 votes, had filed a petition immediately after the election challenging constitutional validity of the election. She had alleged malpractice and booth capturing at nine places during the election and produced election staff as witnesses along with voluminous reports and documents.

However, Justice AL Dave who was hearing the case for past four years, has after about 150 hearings decided that the evidence Taviad has put across are not satisfactory to prove her version. The court observed that Taviad had no personal knowledge of booth capturing, but she relied upon witnesses only. Justice Dave also observed that though Taviad has complained of booth capturing at nine places, and produced the appointed returning officials as witnesses , none of them had filed any complaint of booth capturing to the competent authority on the day of election or afterwards .

The court also noticed that the officials’ diaries don’t carry even a single note of booth capturing , or of any untoward incident during polling. “Katara has won the dispute on all counts,” said his advocate Yogesh Mehta after the court pronounced its order holding that no irregularities had taken place during election in Dahod.

Earlier, Taviad’s advocate Jitendra Malkan claimed that Katara had cast his votes twice in Chitrodia and Jhalod.

9 Aug 2008, 0443 hrs IST,TNN

http://timesofindia.indiatimes.com

Pvt pharma colleges defy HC order, start admissions

http://timesofindia.indiatimes.com/Mumbai/Pvt_pharma_colleges_defy_HC_order_start_admissions_/articleshow/3344513.cms

Mumbai: Private pharmacy colleges in the state have started their admission process in violation of a Bombay high court ruling.

Last week, the HC had ordered unaided pharmacy institutions offering Master’s studies to prepare an admission schedule with the state government and student representatives. Despite that, the colleges have gone ahead with their plans and asked students to submit their admission forms on Monday.

The Association of Unaided Private Pharmacy Colleges (AUPPC) conducted its common entrance test even before the state universities declared the final BPharm results. Now, from Monday, it will start the admission process for the MPharm course.

There are 34 institutions that offer the course with a total intake of 883. The state also conducts an entrance exam for admissions to its three institutions at Aurangabad, Amravati and Karad, as well as for entry to some governmentaided institutions. However, the state has not conducted its common entrance exam for admission to MPharm.

An NGO, Forum Against Commercialisation of Education (FACE), had filed a petition in the HC. Last week, the court ordered that the state, FACE and the AUPPC meet and decide on an admission schedule that the private colleges must follow. Despite the ruling, private colleges have not bothered to discuss their admission schedule with the state.

Private college admissions came under the scanner last year after at least three students were not granted admission despite being allotted seats during the centralised admission process. The AUPPC only conducted one round of centralised admissions, followed by those at individual institutes. But several students complained that the admission process was not transparent.

The state then appointed a panel headed by the joint director of technical education . His report substantiated what the students had claimed. Also, the intake in a college, where there was substantial proof of malpractice, was reduced.

FACE president Vivek Korde said, “As soon as the government admission starts, a number of students who get into state or aided institutions drop out of private colleges. As these seats fall vacant, the colleges will fill them up at the individual institute level.”

Students are up in arms against private colleges for holding early admissions . FACE’s petition also demands that admissions to all colleges be conducted on the basis of the government common entrance test scores or the Graduate Aptitude Test in Engineering (GATE) scores for last year or this year.

toireporter@timesgroup .com

9 Aug 2008, 0544 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Apart for 46 yrs, couple gets HC nod for divorce

http://timesofindia.indiatimes.com/Mumbai/Apart_for_46_yrs_couple_gets_HC_nod_for_divorce_/articleshow/3344502.cms

MUMBAI: Proving that not all marriages are held to be ‘sacred unions of two souls’ , the Bombay high court helped dissolve by mutual consent the marriage of a couple who lived separately for the last 46 years without filing for divorce.

The judgment was passed on Wednesday by a bench of Justices B H Marlapalle and Dilip Bhosale, two days after it had directed a divorced couple to reunite despite both living separately for the last 10 years.

The couple had married in February 1960 and began living separately two years later. Exactly 46 years after they separated, Pohumal and Sita Gangwani-both senior citizens now- could finally say they were divorced.

In 1964, the wife sought maintenance under Section 125 of the Criminal Procedure Code which provided for a token support. Two years later, the Bandra metropolitan magistrate ordered the husband to pay her Rs 55 per month as maintenance . She did not file for divorce, neither did he. Around 15 years passed with the small amount sustaining her till in 1981 the court raised the maintenance amount to Rs 200 per month, effective retrospectively from 1974. In 2003, the wife decided the amount was still measly and moved the family court for a maintenance of Rs 5,000 per month. But she did not file for divorce. Her petition was allowed partly with the family court directing the husband to pay Rs 3,000 per month from May 2006.

The family court also restrained him permanently from selling their matrimonial home at Khar (west). The husband was also directed to pick up the tab of Rs 25,000 towards the cost of her petition . Stung by this order, the husband – now in his 70s -appealed to the HC.

Then the couple prodded on by their counsel Manjula Rao and S S Kulkarni and the court, explored the possibilities of settling their dispute under the Hindu Marriage Act.

Though the wife’s petition was only for claiming maintenance, the couple agreed to treat it as a petition for divorce by mutual consent. Their decision was also prompted since the husband allegedly by now “had his own family” . The wife, on the other hand, had been staying with her brother. All three-the husband , wife and her brother-were present in court on August 6 when the HC decided the matter. The husband agreed to end his marriage officially by paying her a permanent alimony of Rs 8 lakh in deferred payments. His wife agreed.

In court, his lawyer Rao handed demand drafts worth Rs 5 lakh to her lawyer. The additional Rs 3 lakh would be paid in the next three months. The HC said the amount may be placed as a fixed deposit so that the woman earns an interest for her maintenance.

Their divorce would be effective the day the remaining amount of Rs 3 lakh is paid to the wife.

9 Aug 2008, 0551 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Law to regulate surrogacy a long way from delivery

http://www.indianexpress.com/story/346203.html

New Delhi, August 7: Even as a debate on the need to have a law to regulate surrogate motherhood rages on, the Central Government, despite making the right noises, is still to come up with a final draft for such a law.

A few of months ago, Union Minister of State for Women and Child Development Renuka Chowdhury had said that the Centre was working on having a law to regulate surrogacy. The law, she had said, would contain provisions to protect the rights of surrogate mothers and the children.

This came after the Indian Council for Medical Research (ICMR) made a presentation to her on the legislation. But, sources say, there has been little headway in the matter.

“Indian lawmakers take unusually long to make laws, even if the subject is of utmost importance. Even if a Bill is tabled in the Lok Sabha, it will be a while before it is debated upon, leave alone passed. So, the possibility of the law being in place during the term of the present government seems unlikely,” said a ministry official.

As it stands now, India has become a den of surrogate mothers. “It is a common knowledge that rent-a-womb has assumed mammoth proportions in the country, almost becoming an industry. But, there is no law to protect the right of the surrogate mother or the unborn child. This is something that needs to be dealt with. But, considering how things move in our country, I am not sure when this would actually happen,” observed Supreme Court lawyer Ajay Pal.

Incidentally, sometime back, officials of the Women and Child Development Ministry had also circulated a note on surrogacy, which talked of the need to regulate the same. Soon, at a conference where Chowdhury was present, a curtain raiser on the proposed law was presented.

According to sources, while the draft of the proposed law does talk of making it mandatory for the parents opting for surrogate motherhood to bear all medical expenses of the mother while she is carrying the baby, and also making monetary offers to her, it is silent on the rights of the unborn child.

“What happens if, once the child is born, the parents opting for surrogacy refuse to take responsibility or accept the child? This can happen in case the child is born with some serious ailment. How will the government ensure that such a thing does not happen?” asked Ajay Pal.

Sources and experts say till the government actually gets the proposed law passed, the national guidelines issued by the ICMR in 2005 to regulate surrogacy, which everybody feels are inadequate, will remain in place.

ICMR guidelines for surrogacy

A surrogate mother can be procured through law firms or semen banks. All semen banks or law firms require accreditation. However, negotiations between the couple and the surrogate mother must be conducted independently.

Payments of surrogate mothers should cover all genuine expenses associated with pregnancy. Documentary evidence of financial arrangement for surrogacy must be available.

Advertisement regarding surrogacy should not be made through the Assisted Reproduction Technology (ART) clinic. The responsibility of finding a surrogate mother, through advertisements or otherwise, should rest with the couple, or a semen bank.

A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all treatable criteria to go through a successful full-term pregnancy.

In Indian context, a known person as well as a person unknown to the couple may act as a surrogate mother. In case of a relative acting as a surrogate mother, she should belong to the same generation as the woman desiring the surrogate.

No woman may act as a surrogate more than thrice in her lifetime.

Maneesh Chhibber

Friday, August 08, 2008 at 0121 hrs

www.indianexpress.com

 

 

Daily Legal News 09.08.2008

Pune based promoters win legal battle against Putzmeister AG, Germany http://machinist.in/index.php?option=com_content&task=view&id=1535&Itemid=2

Pune: Promoters of Pune based hi-tech construction equipment company Aquarius Engineers Pvt. Ltd., who are also the Indian promoters in the Goa based Joint Venture Company Putzmeister India Pvt. Ltd., won a major legal battle against Putzmeister AG, Germany in the Delhi High Court.

The Delhi High Court in its verdict dated 1st July 2008 has upheld the Government’s Order that Putzmeister A. G, Germany has violated Press Notes 1 and 3 of the Government of India in making an investment in its wholly owned subsidiary Dynajet Machinery India Private Limited, now known as Putzmeister Concrete Machines Limited.

The India promoters entered in to a JV Agreement with Putzmeister, Germany in 1997 for manufacture of Concrete Pumps. The JV Company has been performing in an excellent fashion and is expanding operations both in terms of manufacturing capacity as well new hi-tech products. Putzmeister AG formed a wholly owned subsidiary by the name Dynajet Machinery India Pvt. Ltd., in the year 2005, in the same field, without obtaining any prior approval, as required by the Indian Government Regulations commonly known as Press Notes 1 and 3. Putzmeister AG availed the automatic route via RBI for making investment in its wholly owned subsidiary.

On learning about the same, Putzmeister India Pvt. Ltd., and the Indian Promoters complained to various authorities and filed a Writ Petition in the Delhi High Court. During the pendency of this Writ Petition, the Govt. of India gave its Order on 2nd April 2007 that a violation of the FDI Policy had occurred by Putzmeister AG making investment in its wholly owned Indian subsidiary and directed the Reserve Bank of India to take action.

Putzmeister AG and its wholly owned subsidiary challenged the Order of the Govt. of India by filing a Writ Petition in the Delhi High Court. Both the Writ Petitions were heard by the Delhi High Court and by a Judgment dated 1st July 2008 the Delhi High Court has upheld the Government’s Order.

With the Delhi High Court’s Judgment the investment made by Putzmeister AG in its wholly owned Indian subsidiary has come in difficulty. Action from the Reserve Bank of India and other authorities is awaited in the matter.

Several cases pertaining to violation of Press Note 1 and Press Note 3 are being contested in Indian Courts. The verdict given by the Delhi High Court has been a Landmark Judgment in this matter. Written by Viswanath   

Friday, 08 August 2008

http://machinist.in

 

Orissa High Court seeks report on Olive turtles

http://www.merinews.com/catFull.jsp?articleID=139084&catID=2&category=India

 

In India, Olive Ridley turtles are being killed in thousands by illegal trawling. The beaches, instead of being beacons of new life, have turned into mass graveyards. At least three cases related to the turtles are pending in the High Court.

ORISSA KNOWN for the biggest nesting centre for the rare Olive Ridley Turtles in the world, which has three mass nesting sites – at Nasi Islands in Kendrapada district, mouth of Devi river in Puri district and mouth of Rushikulya river in Ganjam district.

 

Olive Ridley turtles are endangered and protected under the Wildlife Protection Act of 1972. Trapping or killing an Olive Ridley Turtle can lead to imprisonment for seven years. Conservationists from across the world have been petitioning the Indian and state governments to protect the turtles.

 

A lawyer namely Rajiv Das Gupta had alleged that thousands of turtles were being killed every year due to neglection of the state government. A division bench of the Orissa High Court, comprising Chief Justice BS Chauhan and Justice BN Mohapatra, recently on Tuesday directed the chief secretary to the government of Orissa Ajit Kumar Tripathy to file a fresh report within two weeks on the basis of the petition filed .


Das Gupta said the state government had earlier filed a report in the court detailing actions taken by it to protect them. However, the court has rejected the report and asked the chief secretary to file a fresh one. The Orissa high court has asked the state government to submit a fresh report on the actions taken by it to protect endangered Olive Ridley Turtles.

 

Biswajit Mohanty, an environmentalist and coordinator of operation ’Kachhapa’ — a turtle conservation group said, “at least three cases related to the turtles are pending in the Orissa High Court and Supreme Court. The courts have on several occasions directed the state government to protect the endangered turtles.”

 

Order lifting ban on SIMI ‘flawed’ : Home Ministry

http://sify.com/news/fullstory.php?id=14737010

New Delhi: The Union Home Ministry today said the Delhi High Court Tribunal’s order revoking the ban on SIMI was “flawed” and there was no need for additional evidence to justify the ban.

“We have filed an appeal in the Supreme Court. We have mentioned in the appeal the grounds for which we feel that the order is not correct. We have clearly brought out in the reasoning why we think that the order is flawed,” said Union Home Secretary Madhukar Gupta, when asked to comment on the issue.

Gupta said it was not correct on his part to go into the details of the judicial order but pointed out that the order has not made any comment on the substance of the allegations against SIMI that the Government had given.

“It has in fact said that these cannot be brushed aside. It has in fact said that no view is being expressed on the merits. Therefore we believe that the order is challengable and we have challenged it,” he said.

Gupta said there was no need for additional evidence when the government went for an appeal in the apex court.

“You don’t start giving additional evidence. So far as we are concerned, more than adequate evidence is there… very large number of witnesses are being examined,” he said.

Friday, 08 August , 2008, 23:14

http://sify.com

 

SRK faces trouble over Mannat again

http://timesofindia.indiatimes.com/Mumbai/SRK_faces_trouble_over_Mannat_again/articleshow/3339743.cms

 

MUMBAI: Shahrukh Khan may soon face a legal battle over the construction of a seven-storied building in the backyard of his heritage bungalow ‘Mannat’.

A social worker has filed a PIL before the Bombay high court against the alleged illegal construction done by the actor while constructing his Bandra building.

Advocate Y P Singh who drafted the petition alleged 32 violations of law, inclduing the significant charge that Khan had constructed one big building by merging permission for 12 separate flats meant for mass housing, as per his liability under the Urban Land (Ceiling and Regulation) Act, 1976.

The PIL said the actor has also violated the Coastal Regulation Zone (CRZ) Notification, 1991, by getting his land classified in the relatively liberal CRZI, when, according to the petition, the plot was in the highly restrictive CRZ-II classification.

Khan when contacted said there is a petition every day. I have no comment. My lawyers will see to it. The work on the bungalow has also violated the statutory Heritage Regulations, which stipulate that the new building has to be of the same height as that of the old building and that it should have architectural attributes in harmony with the old structure, the PIL which was filed in the court on Thursday said. The PIL also alleged neglect of Development Control Regulations.

According to the PIL the construction was facilitated by the deletion of a reservation for a ‘public road,’ constituting the lane going to the historical Mount Mary Church.

The petitioners said they had pointed out to the alleged violations in April 2008. But the authorities “failed to act”. Between 2001 and 2003, the PIL said the actor decided to construct an extra building on the rear compound and also proposed to construct an art gallery there.

Later he sought the deletion of the reservation of an art gallery and applied for building permission to construct a building having Ground plus six floors with 12 flats meant for the government’s mass housing programme.Yet, between 2004 and 2006, the PIL said that the actor merged the 12 flats to build one big palatial house.

8 Aug 2008, 0440 hrs IST,TNN

http://timesofindia.indiatimes.com

 

 

Hope for techies as Calf. SC trashes noncompete clause

http://economictimes.indiatimes.com/Techies_to_gain_as_Calf_SC_trashes_noncompete_clause/articleshow/3342310.cms

 

NEW DELHI: In what would have come as a sigh of great relief for techies in the Silicon Valley, the California Supreme Court has upheld the law which states that no employer can restrict employees from switching over to a competitor. In a decision announced on August 7, the California court, has indicated that an employee who has switched jobs is also free to solicit former clients after he has formally quit his earlier job, even if it were with a competitor.

This could be a special reason to rejoice for Indian tech employees who are working with ace companies in the Silicon Valley but have felt constrained not to pursue better opportunities with other companies that fall in the realm of competition of their existing employers. In fact, it will also enable many tech professionals to branch out on their own as start-ups.

“My husband who is a senior researcher with one of the digital imaging companies in CA has been going through a nightmare because he is bound by a noncompete clause and has not been able to switch jobs as there are only a few companies operating in his area of specialization. For over a year now, he has been working against his will in a company that he does not feel comfortable working for. Though he is still figuring out how he can benefit from the ruling, there is some hope that he and his friends can now either switch jobs or start their own venture,” says Bangalore-based Shrivatsla Bhatnagar.

The “noncompete clauses” that restrict management employees’ options in their next job or business had been a part of the California law that has been in existence since 1872. But the law has been interpreted differently throughout the state, and the 9th US Circuit Court of Appeals in San Francisco has ruled in favour of allowing a company to limit their employees’ future job choices, as long as it doesn’t prevent them from working in the same field. The underlying logic was to protect company’s intellectual property and prevent employees to take advantage of the gross labour arbitrage that has been existent in the technology sector.

The new ruling has come as a response to the case of the Edwards vs. Arthur Andersen. The court took into account the agreement that was required of all managers working with the company, and read in relevant part: “If you leave the Firm, for eighteen months after release or resignation, you agree not to perform professional services of the type you provided for any client on which you worked during the eighteen months prior to release or resignation. This does not prohibit you from accepting employment with a client. For twelve months after you leave the Firm, you agree not to solicit (to perform professional services of the type you provided) any client of the office(s) to which you were assigned during the eighteen months preceding release or resignation.”

According to the judgment document, the non-competition agreement that Edwards was required to sign before commencing employment with Andersen was invalid because it restrained his ability to practice his profession. In its final disposition, the court said that “Non-competition agreements are invalid…in California even if narrowly drawn.

8 Aug, 2008, 1530 hrs IST,PRERNA K. MISHRA, ECONOMICTIMES.COM

http://economictimes.indiatimes.com

 

SC clears Posco’s Rs 51,000 cr steel plant

http://www.thehindubusinessline.com/businessline/blnus/27081737.htm

NEW DELHI: The Supreme Court on Friday cleared South Korean steel major Posco’s plans to set up a Rs 51,000 cr mega steel plant and captive minor port in Paradeep, Orissa. A special environmental bench headed by Chief Justice K G Balakrishnan allowed Po sco India Pvt Ltd, a subsidiary of Korea-based Posco, to go ahead with the project, for which an agreement was signed with Orissa government on June 22, 2005.

Posco said that the government-owned Orissa Mining Corporation (OMC) had agreed to supply uninterrupted iron ore and other minerals for its 12 mtpa project. There was a tie-up with OMC to give raw materials and the mines which were identified were 300 k m away from the project site, it said. – PTI

Friday, August 8, 2008

www.thehindubusinessline.com

 

SC nod for Posco’s Rs 51,000-cr plant in Orissa

http://www.ptinews.com/pti/ptisite.nsf/0/D5EA3D42EC187AB56525749F0049AA1B?OpenDocument

 

New Delhi, Aug 8 (PTI) The Supreme Court today permitted South Korean steel major Posco to set up Rs 51,000-crore mega steel plant and captive minor port in Paradeep, Orissa.
A special environmental bench headed by Chief Justice K G Balakrishnan allowed Posco India Pvt Ltd, a subsidiary of Korea-based Posco, to go ahead with its plans.

With this order, the apex court has also cleared forest diversion proposal for the plant site which require 1253.225 hectares of forest land.

The court while directing the Orissa government to dispose of all the Posco’s applications seeking prospecting licences within four weeks it also asked the state to send its recommendations to the Ministry of Environment and Forests, which would proceed in accordance with law.

The bench also asked the state government to undertake implementation of compensatory afforestation plan under the supervision of a Supreme Court-appointed committee comprising top officials of the state government.

Welcoming the decision, Posco India Senior General Manager Vikash Sharan said, “We reiterate our firm commitment to the project and are determined to move ahead in terms of land preparation and construction activities at full speed.” Posco, the world’s third largest steel producer, on June 22, 2005 entered into an MoU with the Orissa Government for a 12mtpa steel plant in the state.

Posco counsel Mukul Rohtagi contended that the state government-owned Orissa Mining Corporation had agreed to supply uninterrupted iron ore and other minerals for its steel project and had identified mines in the western part of the state, some 300 km away from its project site.

“Unlike bauxite mines, there is no shortage of iron ore mines as India exports more than one million tonnes. The company can source raw materials on its own and can buy the same from the open market,” he said, adding “We are not dependent on prospecting licence.” PTI

www.ptinews.com

 

You need flogging to make you work, says SC on errant police

http://www.hindu.com/thehindu/holnus/001200808081968.htm

New Delhi (PTI): “In this country you need huntering (flogging) to make you work,” the Supreme Court on Friday said while venting its anger on babus and top police officials for their failure to respond on an issue related to punishing errant cops who refuse to register FIRs on public complaints.

“Is this Ramrajya in this country…So this is swaraj. This is the concept of swaraj,” said a bench of Justices B N Agrawal and G S Singhvi, while lamenting the attitude of the top bureaucrats and the frequent complaints of citizens that policemen do not register FIRs promptly.

While granting two more weeks to chief secretaries/DGsP and police commissioners to file their response, the apex court warned that if the top bureaucrats fail to respond it would direct their personal attendance in the next hearing.

The bench gave vent to its anguish as barring Uttar Pradesh and Arunachal Pradesh, no state or Union Territory had so far responded to its July 14 directions.

On July 14, the bench had ordered that a citizen whose his/her FIR is not registered can approach a judicial magistrate for direction to the police officer concerned to register the FIR.

Friday, August 8, 2008

www.hindu.com

 

Beijing Olympics: Shooting coach seeks SC’s intervention

http://www.hindu.com/thehindu/holnus/001200808082078.htm

New Delhi (PTI): The Supreme Court will hear on Monday a petition filed by the coach of the Indian shooting team for the Beijing Olympics challenging the Uttar Pradesh government’s decision to deny him permission to accompany the players to the sporting event which started on Friday.

Shyam Singh Yadav, employed with the UP Government, was refused permission to accompany the team by an order of July 24.

He had approached the Allahabad High Court which on July 31 had refused to grant him relief with an order that he can approach the state government again to convince the authorities about his indispensability to accompany the Indian shooting team.

Yadav’s petition challenging the High Court order was mentioned by advocate Mohit Chaudhary before a Bench headed by Chief Justice K G Balakrishnan, which said it cannot pass any order at this stage but would give an urgent hearing to it.

 Friday, August 8, 2008

www.hindu.com

 

PF scam: Apex court judge withdraws after charges

http://www.business-standard.com/india/storypage.php?autono=330823

First it was the Chief Justice of India, Justice KG Balakrishnan, who declined to hear the Rs 23-crore provident fund scam involving the country’s top judiciary. Today, the second seniormost judge, Justice BN Agrawal, withdrew from hearing the case when allegations grew thicker in a crowded courtroom.

Now, the two petitions, one moved by the Ghaziabad bar association and another by Transparency International, will be placed before the Chief Justice, who will have to set up another Bench to take up the issue again.

The hearing started on Tuesday and the judges were struggling to conceal their emotions about the charges against around 25 of their brethren in the Allabahad and Uttarkhand high courts and the lower judiciary. The name of one Supreme Court judge is also doing the rounds. The names of the judges have not been disclosed and many of them have since retired.

During the hearing yesterday, the Bench headed by Justice Agrawal virtually indicted the media for its coverage of the Aarushi murder case which defamed the family. The judges were pointing out how innocent persons could be defamed.

Today, when Transparency International counsel and former Union law minister, Shanti Bhushan, accused the judiciary of shielding the corrupt, the judges appeared to have reached their limit of tolerance. The presiding judge, Justice Agrawal, “recused” himself, that is, withdrew from the hearing.

The petitions seek a probe by an independent agency into the scandal and first information reports against the accused for allegedly siphoning off provident funds of Class IV employees.

The scandal blew up a few months ago when the chief administrative officer of the Ghaziabad district court and the main accused in the case, Ashutosh Asthana, confessed before a magistrate that around 36 members of the judiciary were either beneficiaries of the diversion of the funds from the district treasury or knew about it. The diversion was happening for at least seven years. Sixty-nine persons have been arrested to date and the Allahabad High Court is monitoring the probe.

The Supreme Court had also received unsavoury publicity last month when allegations appeared in the media that its secretary general had put fetters on an independent probe. He was reported to have asked the police investigators to submit to him a copy of the questionnaires sent to the accused. Since this was done at the instance of the chief justice in his administrative capacity, the judge had to withdraw from hearing the petitions in the interest of impartial proceedings.

Asthana has reportedly produced documents with signatures of 36 judges and their families named by him who allegedly got financial favours from him. He has also listed the names of the district judges who sanctioned the withdrawal of money. He has also named the judges who received household goods.

Bs Reporter / New Delhi August 08, 2008, 0:14 IST

www.business-standard.com

HC Bench declines to enhance sentence

http://www.hindu.com/2008/08/08/stories/2008080850420100.htm


Victim’s son had filed the petition

7-year jail term sufficient: Judge


MADURAI: The Madras High Court Bench here on Thursday refused to enhance the sentence imposed on four convicts who stabbed a 40-year-old cycle workshop owner to death at Tenkasi in Tirunelveli district 10 years ago.

However, Justice A. Selvam directed the convicts — Meeran Mydeen, Sheik Ali, Mohamed Ismail and Mohamed Haneefa — to pay a fine of Rs.10,000 each. The amount shall be paid as compensation to the son and a daughter of the deceased. In default, the convicts shall undergo six months of prison term in addition to seven years of rigorous imprisonment ordered by the trial court. M. Sheik Mohammed Syed, son of the deceased, had filed a criminal revision petition to enhance the sentence imposed on the convicts. Simultaneously, the convicts also had filed criminal appeals challenging their conviction and sentence.

Disposing of the cases by a common order, Mr. Justice Selvam confirmed the conviction ordered by the Fast Track Court-I in Tirunelveli in May, 2003. He also said that seven years of imprisonment was sufficient enough considering the gravity of the offence and the circumstances under which the incident took place.

The Judge directed the trial court to take necessary steps to incarcerate the convicts who were let out on bail by the High Court while admitting their appeals in 2003. The appeals, along with the revision petition, were transferred from the principal seat of High Court in Chennai to the Madurai Bench in 2004.

According to the prosecution, Mohideen Pitchai alias Chellappa of Tenkasi, was chatting with his aged mother, son and daughter outside his house on September 24, 1998, when the convicts entered into a wordy duel with him. Immediately, the latter stabbed him with a knife in the presence of family members.

Friday, Aug 08, 2008

Staff Reporter

www.hindu.com

HC grants bail to man accused of raping Briton

http://www.indianexpress.com/story/346147.html

Jaipur, August 7: A divison Bench of the Rajasthan High Court in Jodhpur recently granted bail to guesthouse owner Parbat Singh who was sentenced to life term on April 30 for raping an English tourist last December. The HC took note of the victim registering the FIR 18 days after the incident and the fact that the allegation of rape was not corroborated by medical evidence.

The victim had alleged that Singh had entered her room to give her a blanket and raped her on December 23 in his guesthouse at Chandpol in Udaipur. The FIR was lodged on January 9. On April 30, a fast-track court convicted and sentenced Singh for rape.

Singh’s advocate Sandeep Mehta said the Bench granted the bail on July 29 on grounds that the FIR was filed 18 days after the incident and that there was no medical evidence. He said the victim was admitted to a hospital after the rape incident, but did not tell doctors or her friends about the incident. He added that the earlier conviction was based solely on the victim’s testimony.

Principal secretary tourism Mira Mehershi said the police had acted swiftly after the incident was reported and accused was convicted. “It is now a legal issue. However, we will have to wait and see whether this will affect tourism,” Mehershi said.

Express News Service

Posted online: Friday, August 08, 2008 at 0058 hrs

www.indianexpress.com

 

HC bans plastic bags in all city markets

http://timesofindia.indiatimes.com/Cities/Delhi_Ban_on_plastic_bags_in_all_mkts/articleshow/3339719.cms

 

NEW DELHI: In a major step towards tackling the plastic menace, the Delhi high court on Thursday extended the ban on plastic bags to all markets in the city. Since hotels, hostels and shopping malls have already been declared no-plastic zones, the new order, if strictly enforced, will significantly reduce the use of this ecologically hazardous material.

The court also asked the Delhi government to increase the minimum permissible thickness of plastic bags from 20 microns to 40 microns and ordered the closure of all illegal recycling units in the city with immediate effect.

A bench headed by Justice T S Thakur, responding to a PIL by Vinod Jain of an NGO, Tapas, asked the city government to consider the recommendations of the Justice Chopra committee. The panel, comprising Delhi Pollution Control Board chairman J K Dadoo, Central Pollution Control Board chairman J M Mauskar and retired judge R C Chopra, had sought the use of virgin plastic in place of recycled plastic, a ban on small plastic pouches and getting plastic manufacturers to set up a state-of-the-art recycling unit.

While the government representatives chose not to talk about the order, saying they hadn’t received a copy of the judgment, petitioner Jain said this was the first step in completely phasing out plastic bags from the city.

“The court has banned the bag at all places where it is used the most. The only setback at this point appears to be the lack of a deadline for implementing the ban. The government may take forever with this order,” he said.

Experts, however, point to another huge problem that may occur after the order on closure of illegal recycling units is enforced. Delhi recycles about 1.2 million tonnes of plastic a year of which about 90% is done illegally, say industry insiders. In the process, the industry uses up about 50% of the city’s plastic waste. At present, Delhi has no other mechanism for handling its waste and most of it finds its way to sewers and the Yamuna. As one expert asked, “Once the illegal units are shut, what is to happen to all this waste?”

“Delhi Pollution Control Committee does not have sufficient staff for such an operation,” a government official said. “Till some time back, DPCC did not even have a clear idea of the extent of illegal plastic recycling taking place in the city. The collection mechanism was based largely on ragpickers. While the order is good for the city, the government needs to plan out its course of action before implementing the order in a hurry.” 8 Aug 2008, 0424 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Gujarat HC asks NGO for info on riot victims

http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_asks_NGO_for_info_on_riot_victims_/articleshow/3340306.cms

 

Ahmedabad: Gujarat High Court, on Thursday, asked the rights-based organization Citizens for Justice and Peace (CJP) to produce details about people who sustained injuries and suffered economic losses during 2002 communal violence . A division bench of the High Court is hearing CJP’s plea for just compensation for the riots victims – dead, injured and women, who were sexually abused – whose names are not there in the list for compensation prepared by state government.

Meanwhile, CJP has produced the schemes for compensation granted by the Centre , the state government as well as the additions the organization proposes in the existing structure.

The NGO has also produced details about victims to court, after an extensive survey done over the years. It has claimed that till date, 18,000 households who suffered during riots have not received compensation. The court has scheduled further hearing on August 25. TNN 8 Aug 2008, 0749 hrs IST,TNN

http://timesofindia.indiatimes.com

 

Two HC benches differ on TADA convicts’ applications

http://www.hindu.com/thehindu/holnus/004200808081423.htm

 

Mumbai (PTI): Two benches of the Bombay High Court have differred upon the issue whether an application by 1993 Mumbai blasts convict can be entertained at all.

The matter will be now placed before the Chief Justice of High Court Swatanter Kumar.

While a bench at Mumbai entertained a ‘furlough’ (temporary release) application by a 1993 blasts convict, another bench at Aurangabad rejected a similar application early this week.

Under Terrorist and Disruptive Activities (Prevention) Act (TADA), any appeal from TADA court’s order lies directly in the Supreme Court.

But in April this year, a bench at Mumbai entertained an application filed by Bashir Ahmed Usman Ali, a blast convict. Bashir, who was sentenced to life, had already completed 15 years in jail, so Court granted him furlough.

However, when a similar application was filed by Sardar Shahwali Khan, another convict who has got a life sentence for his involvement in the blasts conspiracy, Justice Santosh Bora of Aurangabad bench refused to deal with the application.

Shahwali’s application had been rejected by Harsul (Aurangabad) prison authorities as Mumbai police had filed an adverse report regarding his conduct.

Bora held that in view of TADA act, any such application can only lie in the Supreme Court.

Friday, August 8, 2008

www.hindu.com

HC squashes order; relieves 4 naval officials

http://timesofindia.indiatimes.com/Mumbai/HC_squashes_order_relieves_4_naval_officials_/articleshow/3339883.cms

 

MUMBAI: The Bombay high court on Thursday quashed an order of an Indian Naval Tribunal punishing four naval officials (serving at INHS Ashvini) who were charged with leaking medical examination results of army recruits for monetary gains. A division bench of Justice Bilal Nazki and Justice Ashutosh Kumbhakoni held that the tribunal had not read out the charges to the officers during the summary trial in violation of the Navy Act, thereby vitiating the entire trial.

“The right to a fair trial is an important fundamental right of a citizen of this country and no one can be deprived of it,” said the judges. “A person facing a trial has to at least know what he is being charged for,” they added.

“No evidence was produced nor were the officers allowed to cross examine any one,” said advocate A P Singh, who represented the petitioners. The petitions were filed by four navy officers who were serving as leading medical assistants at INHS Ashvini. The petition claimed that in August 2004, along with six others, they were escorted to INS Kunjali at Colaba where they were allegedly beaten up and a confession was extracted. They were subsequently convicted for taking bribes and leaking the medical tests between October 2002 and November 2003. 8 Aug 2008, 0531 hrs IST,TNN

http://timesofindia.indiatimes.com