Daily Legal News 27.09.2008

Terrorists know they will get legal support from Govt’
http://www.expressindia.com/latest-news/-Terrorists-know-they-will-get-legal-support-from-Govt-/366701/
New Delhi, September 27: With yet another blast rocking the national capital, BJP demanded the resignation of Union Home Minister Shivraj Patil saying he has no right to be in office in the wake of continuing terror attacks in the country.
V K Malhotra, BJP’s Chief Ministerial candidate for Delhi who visited the blast site in South Delhi’s Mehrauli, also demanded convening of an early session of Parliament to discuss the security scenario in the country.
Attacking Patil, the BJP leader said, “instead of changing his clothes thrice, he should have taken actions like discussing the matter with public. Instead of doing all that, money is being collected for terrorists, demonstrations are being held for them.”
He said the security scenario has worsened and now terrorists do not have any fear in carrying out strikes in the country.
“The only ones who are scared are the public. The terrorists know that. Even if they get caught, they will be getting money and legal support from the government,” he said.
Agencies
Posted: Sep 27, 2008 at 1720 hrs IST
www.expressindia.com

Mohammed panel can’t dictate: HC
http://www.expressbuzz.com/edition/story.aspx?artid=6X9OFcHKeiM=&Title=Mohammed+panel+cant+dictate:+HC&SectionID=1ZkF/jmWuSA=&MainSectionID=fyV9T2jIa4A=&SectionName=gUhH3Holuas=&SEO=
KOCHI: The Kerala High Court on Friday held that the Admission Supervisory Committee (Justice P A Mohammed Committee) had no power to direct the managements of private medical colleges to give admission to students.
Allowing a writ petition filed by the Kerala Christian Medical College Managements’ Federation, Justice V Giri held that if the committee was of the opinion that the admissions made by the managements were irregular, it could only recommend to the government for appropriate action.
The court also directed that all complaints pending before the committee regarding admissions would stand closed.
The court quashed the order passed by the committee to give admission to four students, who allegedly were denied admission for non-appearance during allotment on account of the alleged fault in the Federation’s website.
The Federation, however, consented to admit the four students, Nissam of Kakkanad and three other students, who had also filed writ petitions, provided they are prepared to pay the fees fixed by the managements as per the prospectus.
Express News Service
27 Sep 2008 11:07:00 AM IST
www.expressbuzz.com

Rajasthan: Raje receives a setback, HC seeks explanation on eviction of people around CM’s house
http://www.mynews.in/fullstory.aspx?storyid=10629
Jaipur: Rajasthan high court has stayed the BJP government scheme called Bhamsha Yojana, the scheme for the empowerment of the rural people

A PIL was moved in the court against the scheme on the pretext that the BJP was trying to bribe the poor to vote for their party trough this scheme. While admitting the pill, the court has issued a stay order on the scheme.

The division bench of the court has also sought replies from the state government and the election commission in this regard.

HC seeks explanation on eviction of people around CM’s house

The state government has been asked to explain the forceful eviction of people from the Sukham Garden area near the CM’s house.

Acting on a PIL filed in this connection, the court has sought an explanation from the state administration. It was stated that the eviction was done without any proper orders from the magistrate.
(Dr. Lalit Kishore)
Publication Date 27/9/2008 10:39:47 AM(IST)
www.mynews.in

Explain eviction near CM’s house, HC to state
http://timesofindia.indiatimes.com/Jaipur/Explain_eviction_near_CMs_house_HC_to_state/articleshow/3532926.cms
JAIPUR: A division bench of Rajasthan High Court on Friday sought an explanation from the state officials about the alleged forceful eviction of 44 people residing in Kothi no. 7, popularly known as Sukham Garden, near the CM House. Six families had been evicted, allegedly forcefully around 2 am some days back. The state authorities have been asked to file their reply on the controversial eviction by October 13 when the court will hear the matter again. This interim order was passed on a PIL filed by one Kurshid Ahmed Khan, a practising lawyer. It has been alleged in the PIL that 44 members of six families were forcefully evicted from their houses located at Kothi no. 7 at the instance of some powerful people. Now they have been sent to Baksawala village near Sanganer. On the basis of certain media reports, it has also been alleged that a few influential people of the state are involved in this scam. The bench has issued showcause notices to the chief secretary, principal secretary, home department, district magistrate and collector Jaipur, DGP, SP, CBI, SP (South), and SHO (Sodala). It was alleged by the petitioner’s counsel that the state administration is fulfilling the illegal objective of the person behind the curtain and dishonouring the rule of law. “In case of one Khadak Singh, the Supreme Court had ruled that the state authorities and the police cannot move into the house of any person after midnight without taking permission from the city magistrate. But here, the police and state officials acted in haste and an unjust manner to dispossess 44 members of the families in a high-handed manner in the late hours without any proper permission from the magistrate,” said Rajendra Sharma, the counsel for the petitioner.
27 Sep 2008, 0502 hrs IST, Abhinav Sharma,TNN
http://timesofindia.indiatimes.com

Court won’t restrain Gujarat from acting on report
http://www.hindu.com/2008/09/27/stories/2008092755641200.htm
Tabling just one part is detrimental to public interest: PIL
New Delhi: The Supreme Court on Friday refused to restrain the Gujarat government from circulating, publishing and acting on the Nanavati Commission report on the Godhra train carnage.
(The commission, appointed by the State government, said the February 27, 2002 fire aboard coach S-6 of the Sabarmati Express at the Godhra station was a “pre-planned conspiracy by local Muslims.”)
A Bench, consisting of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam, however, issued notice to the government on a special leave petition filed by Citizens for Justice and Peace against a Gujarat High Court order refusing to pass an interim order restraining it from placing the report in the Assembly.
Senior counsel Rajinder Sachar said there was no provision under law for a commission to submit an interim report particularly when there were several terms of reference. He said the High Court earlier restrained the tabling of the Justice Banerjee Committee report on the same issue in Parliament.
(The Banerjee Committee, appointed by Railway Minister Lalu Prasad, said the fire was “purely accidental.”)
Mr. Sachar argued that the Nanavati Commission had named the conspirators and if the government arrested them, communal harmony would be distrubed.
When Justice Balakrishnan asked counsel whether the commission had given any specific direction to the government or recommendations for implementation of the report, Mr. Sachar said “We have not gone through the report.”
Justice Balakrishnan said: “It would not be possible to pass an interim order without hearing the Gujarat government.” The Bench then posted the matter to October 13.
The petitioner said tabling one part of the Nanavati report and making it public was detrimental to the public interest. It questioned the commission’s action in withholding the report on the “dubious role” of the State government in supporting the accused involved in the carnage against the minority community, which followed the train fire.
Saturday, Sep 27, 2008
J. Venkatesan
www.hindu.com

Homosexuality a criminal offence: Govt tells court
http://sify.com/news/fullstory.php?id=14767235
New Delhi: The government on Friday told the Delhi High Court that it is not scrapping the present law on homosexuality as it is a “criminal offence” and would “disturb the law and order situation and create unnecessary problems in society.”
Additional Solicitor General P P Malhotra said the government was not in a position to scrap the law at this time. “It (homosexuality) is a criminal offence,” he said.
“If we scrap section 377 of the Indian Penal Code (that makes homosexuality an offence), then it will disturb the law and order situation and might create unnecessary problems in the society,” Malhotra said before a bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar.
The IPC at present holds homosexual acts as an offence and section 377 provides a punishment of up to life imprisonment for indulging in it.
Meanwhile, the court pulled up the government for not clearing its stand on the two different affidavits filed by two ministries on de-criminalisation of homosexuality among consenting adults.
“Two affidavits have been filed by the two ministries (Home and Health). The two ministries are speaking in two voices. What is the stand of the government? Are you clear about the stand the central government is taking on the issue?” the court asked while posting the matter to Monday.

Centre fails to take a stand on homosexuality
On Thursday, gay activists argued that morality cannot triumph over constitutional rights.
“The moral argument cannot triumph over constitutional rights in a democratic society where fundamental rights prohibit any discrimination on the ground of sex,” said advocate Shyam Diwan, appearing on behalf of the activists.
He added that homosexuals in the country do not have full “moral” citizenship and are being treated as second-class citizens.
The government in its earlier reply had taken a contradictory stand with the Home Ministry favouring the retention of the penal provision for homosexual acts while the Health Ministry was against the enforcement of Section 377 (‘unnatural offences’) in cases involving consenting adults.
“Indian society strongly disapproves of homosexuality and the disapproval is strong enough to justify it being treated as a criminal offence even where consenting adults indulge in it in private,” the Home Ministry had said in its affidavit earlier.

Homosexual US citizen jailed in TN
“Deletion of the section can open the floodgates of delinquent behaviour and be misconstrued as providing unbridled licence for homosexual acts,” it had said.
The Health Ministry, on the other hand, opposed the enforcement of the penal provisions against consenting homosexual adults.
“Enforcement of Section 377 can adversely contribute to pushing the persons suffering from HIV underground which would make such risky sexual practices go unnoticed,” said an affidavit filed by the National Aids Control Organisation (NACO), which comes under the health ministry.
“Section 377 demeans a gay man. It silences a gay man into accepting the discrimination against him. He will not come out to declare his orientation,” the NGO contended.
Friday, 26 September , 2008, 21:08
http://sify.com

BMW hit-and-run: Utsav Bhasin moves high court for bail
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=19726322-0a44-4986-8059-07bff6f20fd0&ParentID=4de02f5d-0355-4469-ba2f-ac3bb717e109&&Headline=Utsav+Bhasin+moves+high+court+for+bail
Utsav Bhasin, 19-year-old son of a Haryana-based industrialist who allegedly rammed his BMW car into a motorcycle killing one and injuring another, filed an anticipatory bail plea in the Delhi High Court on Monday.
The high court is likely to hear the plea on Tuesday.
Bhasin’s move came four days after Additional Sessions Judge Brijesh Singh had rejected the bail application stating that the offence committed was non-bailable.
During the arguments, Delhi Police counsel while opposing Bhasin’s plea informed the sessions court that they had recorded the statement of Mrigank Srivastav Sep 15, who along with Anuj Singh was injured in the Sep 11 accident. Singh succumbed to his injuries Sep 13.
Srivastav, in his statement, has narrated how the accident took place and how Bhasin fled the spot soon after hitting them, the police counsel said.
“To form the exact sequence of events and conduct a test identification parade (TIP), we need the custody of the accused,” he said.
Refuting the police’s contention, Bhasin’s counsel Ramesh Gupta said: “Utsav has admitted he was driving the car at the time of the incident and it is he who called up the police after the accident but left the place in confusion, fearing misbehaviour from the police.” Bhasin, who was allegedly drunk at the time of the accident, now faces stringent penal provisions as police have amended the charges against him in the first information report (FIR).
It has included the clause Section 304 (culpable homicide not amounting to murder), a non-bailable offence under the Indian Penal Code. Earlier, the FIR was filed under Section 279 (rash and negligent driving) and 337 (causing hurt and endangering life).
Police have already seized Bhasin’s passport on the direction of the Delhi High Court.
On Sep 11, Srivastav and his friend Singh were on a bike when the car driven by Bhasin allegedly hit them and sped away in south Delhi’s Lajpat Nagar. Bhasin was arrested from Kashmere Gate Sep 12 and granted bail.
The accident took place soon after the verdict in a similar case in which Sanjeev Nanda, who belongs to an influential family, had mowed down six people in 1999 and was sentenced to five years in jail for the crime.
Indo-Asian News Service
New Delhi, September 22, 2008
www.hindustantimes.com

Calcutta High Court sets aside order on Nano deal
http://www.indiaprwire.com/businessnews/20080926/33749.htm
The Calcutta High Court Friday set aside the order of the West Bengal information commissioner directing the state government to make public its agreement with Tata Motors for setting up the Nano plant in Singur.

The Calcutta High Court Friday set aside the order of the West Bengal information commissioner directing the state government to make public its agreement with Tata Motors for setting up the Nano plant in Singur.
Giving the directive, Justice Dipankar Dutta also asked the information commissioner to hear the case afresh and give Tata Motors a chance to represent its case.
The information commission was asked by the court to hold the hearing within eight weeks.
Tata Motors had moved a writ petition against the information commission order for uploading sections of the Nano agreement to the state government website.
The commission, working under the Central Information Commission, was set up by the state government with a chairman and member nominated by Chief Minister Buddhadeb Bhattacharjee and the leader of the opposition in the state assembly Partha Chattopadhyay.
Kolkata, West Bengal, India, 2008-09-26 21:45:03
www.indiaprwire.com

Impersonation in Cidco land row: SC orders probe
http://timesofindia.indiatimes.com/Mumbai/Impersonation_in_Cidco_land_row_SC_orders_probe_/articleshow/3533056.cms
New Delhi: The Supreme Court has ordered a high-level inquiry into the shocking incident of getting a case adjourned through impersonation in a dispute pertaining to land worth hundreds of crores. Solicitor general G E Vahanvati, appearing for the Maharashtra government , made a huge noise before a Bench headed by Justice S H Kapadia about the level of operation that has come to be practised in the apex court and wanted a thorough probe into it. When the Bench inquired from the registry, it was informed that the Chief Justice has already ordered a probe into it. A neat mishief was played on the apex court on Monday and an adjournment of hearing in a case scheduled for September 26 was obtained behind the back of the counsel appearing for the Maharashtra government, City and Industrial Development Corporation (CIDCO) and the landowner Dosu Aardeshir Bhiwandiwala. “Who mentioned it?” was the obvious question from Vahanvati before the Bench as he raised several pointed questions towards the counsel appearing on behalf of Bhiwandiwala . Land owner’s counsel Mukul Rohtagi and R F Nariman were equally firm that the matter needed to be gone into thoroughly and the culprits punished.
27 Sep 2008, 0548 hrs IST,TNN
http://timesofindia.indiatimes.com

SC refers Capt’s expulsion to larger bench
http://timesofindia.indiatimes.com/India/SC_refers_Capts_expulsion_case_to_larger_bench/articleshow/3532745.cms
NEW DELHI: It was a mixed bag for former Punjab chief minister Amarinder Singh in the Supreme Court on Friday. Though he failed to get any immediate relief on his petition challenging the legality of his expulsion from the assembly, he was successful in impressing the court about the importance of the question raised by him. “Keeping in view the importance of the question raised by the petitioner, let the matter be placed for hearing before a three-judge Bench,” said Justices S B Sinha and Cyriac Joseph while seeking assistance of the attorney general in the matter that would now be heard afresh on October 3 for consideration of the plea to stay the expulsion. It also issued notice to the assembly, through its secretary, and to the Parkash Singh Badal government seeking their response to the petition. Amarinder Singh had moved the Punjab and Haryana HC which had stayed the custodial interrogation in a graft case registered by the Vigilance Bureau following a directive from the assembly after his expulsion.
27 Sep 2008, 0340 hrs IST,TNN
http://timesofindia.indiatimes.com

Centre seeks SC help to implement smoking ban
http://www.indianexpress.com/news/Centre-seeks-SC-help-to-implement-smoking-ban/366362
New Delhi, September 26 With the October 2 deadline for implementation of smoking ban at public places drawing closer, the Centre on Friday sought the SC’s intervention in ensuring that the ban was effective from the said date.
Additional Solicitor General Gopal Subramaniam submitted that various companies, similar to a petition filed in the Delhi HC this week, are trying to prevent the ban from being enforced.
The Bench headed by Chief Justice K G Balakrishnan has posted the petition for September 29, when other petitions seeking transfer are also listed for hearing.
The ASG pleaded to the Bench to transfer to itself the entire petition against the anti-smoking order so that the Government was not prevented from implementing the order.
Express news service Posted: Sep 27, 2008 at 2340 hrs IST
www.indianexpress.com

SC refuses to stay publication of Nanavati report
http://www.indianexpress.com/news/SC-refuses-to-stay-publication-of-Nanavati-report/366358
New Delhi, September 26 The Supreme Court on Friday refused to stay the publication and circulation of the Justice G T Nanavati Commission report describing the Godhra train carnage as a “pre-planned conspiracy” and giving a clean chit to Gujarat Chief Minister Narendra Modi regarding the subsequent riots.
The three-member Bench headed by Chief Justice K G Balakrishnan issued notice to the Gujarat Government on a petition filed by an NGO, Citizens for Justice and Peace, contending that the publication of the report could disturb communal harmony.The petitioner claimed the publication of the report by the Commission would provide grounds to the state Government to take a liberal stand against the accused in the post-Godhra riots of 2002 that claimed over 1000 lives.
Before passing the order, the Bench, which also included Justices P Sathasivam and J M Panchal, asked senior advocate Rajender Sachar appearing for the Citizens for Justice and Peace if the Commission had given any specific direction to the state Government for its implementation. However, when Sachar said “we have not gone through it”, the Bench issued a notice and posted the matter for hearing on October 13.
Express news service Posted: Sep 27, 2008 at 2337 hrs IST
www.indianexpress.com

Sensing legal trouble over Oct 2 smoking ban, govt rushes to SC
http://timesofindia.indiatimes.com/India/Sensing_legal_trouble_over_Oct_2_smoking_ban_govt_rushes_to_SC/articleshow/3532590.cms
NEW DELHI: Sensing a spate of litigation in high courts challenging its decision to completely ban smoking in public places from October 2, the Centre on Friday rushed to the Supreme Court seeking transfer of all such petitions from the HCs to the apex court for a uniform adjudication. The first of such apprehended litigation has already been filed in the Delhi high court by ITC, one of the largest cigarette manufacturers, and Indian Hotels Association arguing that the notification banning smoking made no distinction between a public place and private space. Mentioning the Centre’s transfer petition before a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam, two additional solicitors general, Gopal Subramaniam and Mohan Parasaran, termed the late challenges, just before the D-day, as nothing but dilatory tactics and meant to create confusion in the minds of the people. The Bench listed it for hearing on Monday. Subramaniam said the ban order was in sync with the earlier apex court verdict in the Murli Deora case, where it had expressed concern over the large number of tobacco-related deaths occurring every year in the country. He said: “Ban on public smoking is sought to be enforced in the light of declarations by World Health Organisation (WHO) of which India is a member country and also a party to the declaration to bring into effect ban on smoking and other activities affecting public health.”
27 Sep 2008, 0155 hrs IST,TNN
http://timesofindia.indiatimes.com

Jamia shootout: Inquiry by SC judge sought
http://timesofindia.indiatimes.com/Delhi/Jamia_shootout_Inquiry_by_SC_judge_sought/articleshow/3532041.cms
NEW DELHI: Not everybody is convinced about the September 19 Jamia encounter. Civil society groups, in particular, are punching holes in the police theory. A team of Janhastakshep Campaign Against Fascist Designs and People’s Union for Democratic rights (PUDR), which visited Batla House two days after the encounter, has demanded an independent, time-bound comprehensive probe by a sitting Supreme Court judge into the incident. Briefing the media on Friday, Prashant Bhushan, senior SC advocate and part of the six-member team, said: ‘‘The police theory has many holes. It’s very clear that the special cell was not sure if the occupants of L-18 were terrorists but just hours after the operation they branded them as IM masterminds responsible for the recent blasts.’’ Expressing deep concern over the media’s handling of the issue, Bhushan added: ‘‘Unless things are proved, media should behave in a responsible way and should not tarnish the image of any innocent.’’ Shahana Bhattacharya, who represented PUDR, said: “The issue seems to be very mysterious and our interim findings clearly suggest that there is an immediate requirement of an independent inquiry.’’ Clearing doubts that the team was no way putting a question mark on the validity of the encounter, Shahana added: ‘‘We are no one to decide what is right and what’s not, but all that our team has found only suggests that the degree of transparency is bare minimum.’’ The team is also planning to bring out a detailed report of their findings next week.
27 Sep 2008, 0000 hrs IST,TNN
http://timesofindia.indiatimes.com

Impeachment ultimately a political decision: CJI
http://www.hindu.com/2008/09/27/stories/2008092755761300.htm
A judge should not be thrown out of judiciary by a simple procedure
There is a prescribed procedure; if Parliament wants to change it, it can do so
NEW DELHI: Chief Justice of India K.G. Balakrishnan on Thursday said impeachment of a judge of higher judiciary was ultimately a “political decision” and Parliament had to decide it.
While admitting that the process was “too cumbersome and long-drawn,” he was, however, not in favour of simplifying it.
“I agree it takes time but it is also important to protect the independence of the judiciary. A judge should not be thrown out of the judiciary by a simple procedure, it will have serious repercussions. There is a prescribed procedure; if Parliament wants to change it, it can do so. Too much simplification is also not good, there are leaders in Parliament who are accountable to people, let them think about it.”
Justice Balakrishnan was replying to queries during an interaction with journalists here. Some questions related to his recommendation that Justice Soumitra Sen of the Calcutta High Court be impeached on charges of “misconduct.” The Centre also approved the decision as he did not heed the advice of the Chief Justice of India to either resign or take voluntary retirement. Justice Balakrishnan said complaints against judges were of a very “general nature” and often anonymous. “It is not that there are no complaints but mostly these are from disgruntled litigants. Many do not disclose their names. If there is a specific complaint and of a serious nature, we look into it seriously,” he said, citing the Supreme Court handing over to the CBI the probe into the Uttar Pradesh provident fund scam.
On filling vacancies in High Courts, Justice Balakrishnan said that out of the sanctioned strength of 876 judges there were 264 vacancies. “Some High Courts have recently raised their strength. In the Madras High Court, 11 vacancies are being filled up. It is a long process which takes nearly three to four months and passes through several Ministries like Law and Home before getting the final approval of the President for appointment of High Court judges.”
The selection proforma was also being changed slightly with the inclusion of details of any pending criminal case and any pending inquiry by the Bar Council of India.
The main criterion was to look for good practising lawyers who had been meticulous and who had displayed exemplary behaviour and dignified conduct in their profession.
But the Chief Justice’s main concern was a rather large number of vacancies at the level of district judges and senior civil judges. “In the subordinate courts, we have total sanctioned strength of 16,158 district judges and senior civil judges and there are a little over 3,000 vacancies which we are not able to fill up quickly.”
Saturday, Sep 27, 2008
Vinay Kumar
www.hindu.com

HC declines to grant ad interim injunction
http://www.hindu.com/2008/09/27/stories/2008092751981900.htm
CHENNAI: The Madras High Court has declined to grant an ad interim injunction restraining the Board of Control for Cricket in India (BCCI) from permitting N.Srinivasan, board treasurer, to participate in the general body meeting scheduled in Mumbai on Saturday for the election of the board’s new office-bearers and contest for the post of Secretary or any other post in the board.
In his interim order on an application filed by A.C. Muthiah in a civil suit, Justice M. Jeyapaul ordered notice to Mr. Srinivasan returnable in three weeks. He ordered that the counter of the first respondent, the BCCI, represented by its president, having its registered office at M.A. Chidambaram Stadium, Chepauk, be filed then.
Mr. Justice Jeyapaul said the court found that there was a potential substance in the arguments by the senior counsel P.S. Raman, appearing for the board. Therefore, he was not inclined to grant ad interim injunction at this stage.
Mr. Muthiah’s senior counsel, Nalini Chidambaram, submitted that Mr. Srinivasan being the board treasurer was an administrator. As per the regulation, no administrator should have directly or indirectly any commercial interest in the matches or events conducted by the board.
Mr. Muthiah wrote a letter this month bringing to the notice of the board president seeking direct action against Mr. Srinivasan, who was the Managing Director of India Cements, for having earned commercial interest and benefits despite being one of the franchisees of IPL. But no action was initiated. The applicant had established that Mr. Srinivasan had breached the board’s code of conduct.
Mr. Raman said on December 26, 2007, an invitation to participate in the auction conducted by IPL was extended to India Cements by the board. On receipt, Mr. Srinivasan sought a clarification whether the company could participate in the auction. He received a communication from the board that there was no embargo for the company to participate in the auction.
Thereafter, having submitted the tender proposals, the company purchased the Chennai Super Kings. The match was over even during May-June. In the event of the administrator committing any default against the regulations, the board had been authorised to levy a fine and/or debar him from holding such positions. When there was an alternative penalty prescribed, debarring at the stage when all steps had been taken to convene the meeting on September 28 for holding the election was not warranted.
Saturday, Sep 27, 2008
Special Correspondent
www.hindu.com

Muthiah moves HC against BCCI treasurer
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=9933df41-0ca6-468e-bfa2-3939e62ff555&CATEGORYNAME=CHN
Chennai, Sept 26 : The row between industrialist A C Muthiah and BCCI treasurer N Srinivasan over BCCI Secretary post reached the Madras High Court today, when Muthiah filed a petition seeking disqualification of Srinivasan for breach of code of conduct for administrators.
The General Body meeting of the BCCI, scheduled for tomorrow, will select a new secretary.
Justice M Jeyapaul, before whom the petition came up for hearing, however refused to interfere with the BCCI proceedings as the petition was filed in the eleventh hour.
But the Judge ordered issue of notices to the BCCI and Srinivasan returnable in three weeks.
Senior Counsel Nalini Chidambaram, appearing for Muthiah, sought a permanent injunction restraining the BCCI from permitting Srinivasan to participate in the general body meeting and wanted the court to direct the BCCI to appoint a commissioner to probe the allegation.
She submitted that Srinivasan attracted disqualification under Clause 6.2.4 of BCCI Regulations by bidding for the Chennai team in the IPL.
The Clause, barred the administrators from having any direct or indirect commercial interest in any of the events of the BCCI, she submitted.
Senior Advocate P S Raman, appearing for the BCCI, however opposed the allegations and submitted that the Clause did not provide for any disqualification.
He contended that the petition had been filed at the last moment due to ‘personal rivalry’. – Agencies
Published: Saturday, September 27, 2008
www.chennaionline.com

HC sets aside order on Tata-Bengal deal details
http://www.business-standard.com/india/storypage.php?autono=335660
The Calcutta High Court today set aside an order of the State Information Commission to make public Tata Motors’ agreement with the West Bengal government for the Singur small-car plant.
Observing that the Information Commissioner should hear the matter afresh, Justice Dipankar Dutta directed that Tata Motors must be heard before it passed any order.
Justice Dutta also directed the Information Commissioner to complete the hearing of the application for disclosure of the details of the agreement within eight weeks. Tata Motors had moved the HC challenging the commission’s order claiming it was unconstitutional as it had not given it any opportunity to state its position.
Meanwhile, Tatas’ reported plan to roll out Nano from Pantnagar seems to have run into trouble with a group of farmers planning an agitation against giving more land to the firm. Hanif Gandhi, a member of the “Kisan Kisani Abhiyaan,” said farmers will launch a movement on the lines of “Chipko movement” if Uttarakhand provided any more land to the company.
Press Trust Of India / Kolkata September 27, 2008, 0:52 IST
www.business-standard.com

Sundaram Pap to challenge HC order in derivatives case
http://www.business-standard.com/india/storypage.php?autono=335661
Mumbai-based Sundaram Multi Pap today said that it will appeal against the Bombay High Court’s verdict asking the company to pay Rs 2.92 crore to ICICI Bank in a dispute over forex derivative contracts between the parties.
Sundaram Multi Pap Chairman Amrut Shah told Business Standard that the original case filed by his company against ICICI Bank for mis-selling forex derivative contract is still pending and is likely to come up for hearing next month. “Based on the latest order, we do not consider this as a debt. We will appeal against this order,” he said.
According to the Bombay High Court order, the company has to either pay the bank the said loss amount or the bank will be allowed to wind up the company.
“Our asset base is Rs 80 crore with 600 workers. We have made a profit of Rs 8 crore. How can a company be wound up over a dispute of Rs 2.92 crore?” Shah asked.
Sundaram Multi Pap is a Bombay Stock Exchange-listed company manufacturing education paper stationery and is not in any way related to South-based TVS Group, which has many group companies bearing the name Sundram or Sundaram.
However, one TVS Group company — Sundaram Brake Lining — is also involved in a similar legal tangle with Kotak Mahindra Bank over a similar issue involving losses suffered on account of forex derivative contracts the bank had sold the company.
In August this year, the Madras High Court had directed Sundaram Brake Linings to take up its case against Kotak Mahindra Bank with the arbitrator as specified in the agreement between the parties.
Sundaram Multi Pap’s stock price closed 1.26 per cent higher at Rs 8.86 today on BSE. The 52-week high for this stock was quoted on January 1, 2008 at Rs 29.50. The company had filed its first suit against ICICI Bank in December 2007.
Bs Reporter / Chennai September 27, 2008, 0:53 IST
www.business-standard.com

Muthiah moves HC against BCCI treasurer
http://cricket.timesofindia.indiatimes.com/NewsMuthiah_moves_HC_against_BCCI_treasurer/articleshow/3532124.cms
CHENNAI: The row between industrialist AC Muthiah and BCCI treasurer N Srinivasan over BCCI Secretary post reached the Madras High Court on Friday, when Muthiah filed a petition seeking disqualification of Srinivasan for breach of code of conduct for administrators. The General Body meeting of the BCCI, scheduled for Saturday, will select a new secretary. Justice M Jeyapaul, before whom the petition came up for hearing, however refused to interfere with the BCCI proceedings as the petition was filed in the eleventh hour. But the Judge ordered issue of notices to the BCCI and Srinivasan returnable in three weeks. Senior Counsel Nalini Chidambaram, appearing for Muthiah, sought a permanent injunction restraining the BCCI from permitting Srinivasan to participate in the general body meeting and wanted the court to direct the BCCI to appoint a commissioner to probe the allegation. She submitted that Srinivasan attracted disqualification under Clause 6.2.4 of BCCI Regulations by bidding for the Chennai team in the IPL. The Clause, barred the administrators from having any direct or indirect commercial interest in any of the events of the BCCI, she submitted. Senior Advocate PS Raman, appearing for the BCCI, however opposed the allegations and submitted that the Clause did not provide for any disqualification. He contended that the petition had been filed at the last moment due to ‘personal rivalry’.
26 Sep, 2008 2159hrs IST, PTI
http://cricket.timesofindia.indiatimes.com

Gay sex is immoral and can’t be decriminalised, Govt tells HC
http://www.ptinews.com/pti/ptisite.nsf/0/B8A04E93540CBCC7652574D00054D9B8?OpenDocument

New Delhi, Sep 26 (PTI) Gay sex is immmoral and a reflection of a perverse (rpt perverse) mind and its decriminalisation would lead to moral degradation of society, the Centre today told the Delhi High Court.”Homosexuality is a social vice and the state has the power to contain it,” the government contended.”It (decriminalising homosexuality) may create breach of peace. If it is allowed then evils of AIDS and HIV would further spread and harm the people. It would lead to big health hazard. It would degrade moral values of society,” Additional Solicitor General P P Malhotra contended.The Centre’s stand assumes significance in view of the contradictory stand taken by two of its ministries, with the Home Ministry opposing decriminalisation of such acts while the Health Ministry favouring the scrapping of penal provisions which provide a punishment of upto life sentence for homosexual acts.Appearing before a bench headed by Chief Justice A P Shah, the ASG said it is crucial to hold such unnatural behaviour (homosexuality) as a criminal offence and its deletion would lead to moral degradation in society.Countering the contentions of the gay right activists, the government said such behaviour is not a natural trait but a reflection of a perverse mind.Citing a judgement of Orissa court, he said such behaviour was because of perverse mind which needed to be controlled.But the court was not satisfied with his contention saying that the order was passed 25 years ago and in that case a boy was sexually assaulted.”We are concerned about homosexual acts among consenting adults in private so that judgement is not relevant here,” the Bench, also comprising Justice S Muralidhar said.”Much water has flown under the bridge during last 25 years,” the court observed. PTI
www.ptinews.com

HC grants permission to buy security gadgets for Sabari temple
http://www.zeenews.com/articles.asp?aid=472157&sid=REG
Kochi, Sept 26: Kerala High Court on Friday granted permission for Travancore Devaswom Board (TDB) to utilise Rs 4.72 crore to procure security equipment for Lord Ayappa temple in Sabarimala which is visited by millions of pilgrims every year. Earlier, Devaswom Ombudsman had submitted a report to the High Court regarding security arrangements to be made in Sabarimala during the coming mandala season. The Additional DGP submitted a report to the high court stating that Sabarimala was also under the threat of militant attack. Director General of Police (DGP), Ramon Srivastava, ensured that sufficient police personnel, including commandos can be deployed in Sabarimala. A division bench comprising justices P R Raman and T R Ramachadnran Nair directed the board to give all infrastructural facilities to the security personnel. For the smooth conduct of the festival all departments should work in coordination, the bench observed. Bureau Report
www.zeenews.com

HC sets aside order to make public TM- govt. agreement
http://www.hindu.com/thehindu/holnus/001200809261852.htm
Kolkata (PTI): The Calcutta High Court on Friday set aside an order of the State Information Commission to make public Tata Motors’ agreement with West Bengal government for the Singur small car plant.
Observing that the Information Commissioner should hear the matter afresh, Justice Dipankar Dutta directed that Tata Motors must be heard before it passed any order.
Justice Dutta also directed the Information Commissioner to complete the hearing of the application for disclosure of the details of the agreement within eight weeks.
Tata Motors had moved the High Court challenging the order of the Commission claiming that it was unconstitutional as it had not given it any opportunity to state its position.
It had also claimed before Justice Dutta that certain portions of the agreement were trade secrets of the company and disclosure of that would amount to the compromise of Tata Motors’ interests.
Counsel Kalyan Banerjee for the petitioner had contended that as the land was acquired for public purpose and spending public money, contents of the deal must be made public.
Justice Dutta had on September 12 passed an interim stay for two weeks on operation of the Information Commission’s order of September eight that asked West Bengal Industrial Development Corporation, a nodal government agency of the state for the project, to make public the full text of the document.
A tripartite agreement was signed on March nine, 2007 among Tata Motors, West Bengal government and WBIDC on the small car project.
Friday, September 26, 2008
www.hindu.com

No judge is accused in UP PF scam: CJI
http://www.apakistannews.com/no-judge-is-accused-in-up-pf-scam-cji-82852
Chief Justice of India K G Balakrishnan on Thursday (September 25) said there was no case registered against any judge as an accused in the multi-crore rupee Uttar Pradesh Provident Fund scam in which names of 34 members of judiciary, including a Supreme Court judge, have cropped up.
“So far not a single judge is accused. Not a single judge is there to my knowledge against whom a case is registered,” the CJI said when asked about the involvement of an apex court judge and judges from the Allahabad High Court in the scam, the investigation of which was handed over to the Central Bureau of Investigation (CBI) on Tuesday.
He said the then investigation officer of Uttar Pradesh Police had sought his sanction for recording the statements of some of them under section 161 of the Code of Criminal Procedure (CrPC) as required during the probe. “I allowed it,” he said during his interaction with apex court legal correspondents and added that one of the allegations was about the alleged fake bills in the names of the employees of Ghaziabad treasury. (PTI)
( This post is from an independent writer. The opinions and views expressed herein are those of the author and are not endorsed by APakistanNews.Com.)
Friday, September 26, 2008 at 3:09 am
www.apakistannews.com

Number of judges to be increased at all levels: CJI
http://slcublog.blogspot.com/2008/09/number-of-judges-to-be-increased-at-all.html
The number of judges at all levels of judiciary will be increased to ensure speedy disposal of pending cases, Chief Justice of India (CJI) K G Balakrishnan said.Interacting with media persons and responding to their queries on the increasing incidents of corruption in the judiciary, the CJI said it was the job and duty of Parliament and the government to punish corrupt judges.A sitting Supreme Court or High Court judge can only be removed through impeachment by both houses of Parliament and the CJI can only recommend action against a judge facing allegations of corruption.Justice Balakrishnan said the procedure for appointment of judges would be further streamlined and efforts would be made to ensure appointment of better quality of judges in the High Courts and the Supreme Court.Union Law Minister H R Bhardwaj criticised the procedure of appointment of judges in higher judiciary by the Supreme Court collegium, comprising of the CJI and three senior-most judges of the apex court.The recommendation of the CJI on the basis of consultation with the collegium is binding on the government.
Posted by Cyber Cell at 4:54 PM
Friday, September 26, 2008
http://slcublog.blogspot.com

Explosion injures four of a family
http://www.indianexpress.com/news/Explosion-injures-four-of-a-family/366624
Mumbai, September 26 Four members of a family were injured on Friday afternoon after a box filled with some unidentified materials exploded inside a house at Dharavi transit camp behind the Dharavi police station.
According to the Dharavi police, Prabhu Wadkar (45), a driver, found a small box wrapped in white paper kept near a tree next to the Sion police station. “Wadkar thought it contained tobacco and brought it home. While he was trying to cut the cello tape and open the box, it exploded injuring Wadkar, his wife Kamal (40), her sister Vimal who had come to visit them and Wadkar’s 20-year-old son, Santosh, who was helping him to open the box,” said Senior Police Inspector Rajendra Thakur from the Dharavi police station.
Santosh and Kamal suffered severe burn injuries while Prabhu and Vimal were discharged after first aid.
When asked about the material used in the explosive, Dharavi police officers said that they had given the explosive material for testing at the Kalina laboratory. “Though we have sent the materials found inside the box for testing, we think that it was the work of some local miscreants. However, the incident was not related to any terrorist activity,” said DCP Milind Barambe (Zone 5).
Express News Service Posted: Sep 27, 2008 at 0320 hrs IST
www.indianexpress.com

Supreme Court won’t restrain Gujarat from acting on report
http://www.hindu.com/2008/09/27/stories/2008092760271500.htm
New Delhi: The Supreme Court on Friday refused to restrain the Gujarat government from circulating, publishing and acting on the Nanavati Commission report on the Godhra train carnage.
(The commission, appointed by the State government, said the February 27, 2002 fire aboard coach S-6 of the Sabarmati Express at the Godhra station was a “pre-planned conspiracy by local Muslims.”)
A Bench, consisting of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam, however, issued notice to the government on a special leave petition filed by Citizens for Justice and Peace against a Gujarat High Court order refusing to pass an interim order restraining it from placing the report in the Assembly.
Senior counsel Rajinder Sachar said there was no provision under law for a commission to submit an interim report particularly when there were several terms of reference. He said the High Court earlier restrained the tabling of the Justice Banerjee Committee report on the same issue in Parliament.
(The Banerjee Committee, appointed by Railway Minister Lalu Prasad, said the fire was “purely accidental.”)
Mr. Sachar argued that the Nanavati Commission had named the conspirators and if the government arrested them, communal harmony would be distrubed.
When Justice Balakrishnan asked counsel whether the commission had given any specific direction to the government or recommendations for implementation of the report, Mr. Sachar said “We have not gone through the report.”
Justice Balakrishnan said: “It would not be possible to pass an interim order without hearing the Gujarat government.” The Bench then posted the matter to October 13.
The petitioner said tabling one part of the Nanavati report and making it public was detrimental to the public interest. It questioned the commission’s action in withholding the report on the “dubious role” of the State government in supporting the accused involved in the carnage against the minority community, which followed the train fire.
Saturday, Sep 27, 2008
J. Venkatesan
www.hindu.com

Supreme Court issues notice to Badal over Amarinder’s expulsion
http://www.topnews.in/law/supreme-court-issues-notice-badal-over-amarinders-expulsion
New Delhi, Sept 26: The Supreme Court on Friday issued notices to the Punjab Government and Chief Minister Prakash Singh Badal while acting on a petition filed by former Chief Minister Amarinder Singh.
Questioning the State Assembly’s power to expel a member, Amarinder had challenged his expulsion.
The apex court issued the notice to Badal in his personal capacity.
Seeking assistance from the Attorney General, a bench headed by Justice S B Sinha referred the matter to a larger three-judge bench, saying that an important question of law is involved in it.
On September 10, the Punjab Assembly passed a resolution to expel Amarinder and declared his Patiala seat vacant on the basis of a House Committee report in the Amritsar land scam.
The committee in its report had held guilty Amarinder and two other Congress leaders Jagjit Singh Chaudhary and Jugal Kishore Sharma for alleged irregularities in exempting 32.10 acres of land for private development in Amritsar during his tenure as chief minister. (ANI)
Submitted by Saurav Shukla on Fri, 09/26/2008 – 09:33.
http://www.topnews.in/law

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