DAILY LEGAL NEWS 21.10.2008

PIL filed to remove mobile phone towers in Tamil Nadu
http://www.indlawnews.com/Newsdisplay.aspx?e0b0f038-31e1-4ae1-bb45-f107aad3918dhttp://www.indlawnews.com/Newsdisplay.aspx?e0b0f038-31e1-4ae1-bb45-f107aad3918d
The Madras High Court has issued notices to the state and central governments on a Public Interest Litigation (PIL) petition, seeking to remove all cell/mobile phone towers atop residential buildings, and to permit such towers only in vacant sites.The First Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifulla, passing the orders yesterday, directed the state and central governments to reply within three weeks.In his petition, social worker Traffic Ramasamy said cell towers were being put up indiscriminately in the absence of any rules and regulation to streamline, control and supervise them.The petitioner submitted that these towers affected the structural stability of building in congested residential and commercial areas, and added that in the event of accidents they would cause human casualties.‘These towers radiated electromagnetic waves that posed serious health hazards to people,’ he contended.The petitioner wanted the court to direct the authorities to formulate rules for regulating erection of cell towers. They should be directed to permit such towers only in vacant lands, after taking into consideration proper structural standards and the radiation specifications of the World Health Organisation (WHO).UNIThe Madras High Court has issued notices to the state and central governments on a Public Interest Litigation (PIL) petition, seeking to remove all cell/mobile phone towers atop residential buildings, and to permit such towers only in vacant sites.The First Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifulla, passing the orders yesterday, directed the state and central governments to reply within three weeks.In his petition, social worker Traffic Ramasamy said cell towers were being put up indiscriminately in the absence of any rules and regulation to streamline, control and supervise them.The petitioner submitted that these towers affected the structural stability of building in congested residential and commercial areas, and added that in the event of accidents they would cause human casualties.‘These towers radiated electromagnetic waves that posed serious health hazards to people,’ he contended.The petitioner wanted the court to direct the authorities to formulate rules for regulating erection of cell towers. They should be directed to permit such towers only in vacant lands, after taking into consideration proper structural standards and the radiation specifications of the World Health Organisation (WHO).UNI
10/21/2008
http://www.indlawnews.com/Newsdisplay.aspx?e0b0f038-31e1-4ae1-bb45-f107aad3918d

Hashish packet makes its way to court
http://timesofindia.indiatimes.com/Cities/Hashish_in_Chandigarh_court/articleshow/3621154.cms
CHANDIGARH: Hearing on a public interest litigation (PIL), highlighting the “nexus” between police officials and drug mafia, took a dramatic turn on Monday when the petitioner produced a pouch of hashish before a stunned division bench and alleged that the drug was as readily available in the city. In a Bollywoodesque sequence of events, Hemant Goswami of Burning Brain Society, told the surprised division bench, headed by chief justice TS Thakur, that his troupe of volunteers scouted the city for drugs and they procured hashish from Dadumajra. The social activist, working as a consultant with WHO, said various other parts of city were narcotics hotspots too. Ruing official apathy and dereliction of duty on the part of cops, Goswami accused the UT administration of failing to file a “complete reply” in such a sensitive matter. He alleged that he had received “hundreds of threat calls” owing to his campaign against the drug mafia. “Police officials seem indifferent, where should I go?” the social activist hit the nail on the head. The shocked court and audience were in for more jolts when UT’s counsel Anupam Gupta rather candidly admitted that there “indeed, is a nexus, but the administration is trying to stem the rot”. Gupta said he had got a confessional statement of a “principal drug peddler” in which various police officials have been named. “All officers named in the statemnent are placed under suspension and action is being contemplated to bring narcotics trade to an end,” Gupta asserted, seeking time to file additional affidavit. Moved by the turn of events, the chief justice posted the matter to November 14 for further hearing, thereby giving time to UT counsel. The HC had on July 25 issued a notice to the home ministry, Narcotics Control Bureau, CBI, UT Administration and Chandigarh Police on Goswami’s plea alleging nexus between police and drug mafia. Goswami had alleged that many senior enforcement officials and cops were not taking action against drug peddlers even in those cases wherein specific information was provided to them.
21 Oct 2008, 0136 hrs IST, TNN http://timesofindia.indiatimes.com/Cities/Hashish_in_Chandigarh_court/articleshow/3621154.cms

SC refuses to entertain PIL on Article 370
http://www.zeenews.com/articles.asp?aid=477623&sid=NAT
New Delhi, Oct 20: The Supreme Court on Monday declined to entertain a PIL seeking a direction to the President to declare Article 370 of the Constitution as non-operational in Jammu and Kashmir. “It is not possible for this court to give such a direction. What Jammu and Kashmir requires is for the state assembly to think. It is for the elected government of the state to decide,” a Bench headed by Chief Justice K G Balakrishnan. The Bench disagreed with the submission that the President may by public notification, under Article 373, declare that Article 370 ceases to be operative. “The President exercises the power at the advise of the council of ministers,” the Bench observed and said “it is a Constitutional provision and no direction can be given”. The PIL filed by Satya Prakash Anand has also made Prime Minister as party and had contended that the Executive can take action in this regard. Executive function can be exercised by President but the court cannot say anything on it,” the Bench said dismissing the PIL which said that Article 370 was a temporary provision. “It is for the Centre to consider this,” the Bench said. Bureau Report
http://www.zeenews.com/articles.asp?aid=477623&sid=NAT

PRESS NOTE URGENT / NEWS FLASH
PIL ON THE ISSUE OF FARMERS SUICIDES :
http://vidarbhacrisis.blogspot.com/2008/10/pil-on-issue-of-vidarbha-farmers.htmlhttp://vidarbhacrisis.blogspot.com/2008/10/pil-on-issue-of-vidarbha-farmers.html
HIGH COURT ORDERED GOVT. TO FILE DETAILED AFFIDAVIT ON THE SCHEME OF FARMERS LOAN WAIVER OF RS. 71,000 CRORES AS HOW FAR IT IS BENEFITED TO THE VIDARBHA FARMERS IN DISTRESS AND ALSO ORDER TO TABLE DR. NARENDRA JADHAV COMMITTEE REPORT REGARDING IMPLEMENTATION OF PACKAGE SCHEMES FOR FARMERS IN CRISIS :
HIGH COURT TOOK SERIOUS NOTE OF CONTINUED FARMERS SUICIDES AND PLIGHT OF POOR FARMERS IN VIDARBHA AND ASKED STATE GOVT. TO FURNISH EVERY DETAILS WITHIN FOUR WEEKS.
Nagpur, 20TH October, 2008.
Taking the serious cognizance of continued farmers suicides and failure of various packages announced for the crisis ridden Vidarbha Farmers, the Division Bench of Bombay High Court at Nagpur expressed great concern about the matter & approach of the State Govt. in tackling the issue and asked to furnish every details of the farmers loan waiver scheme involving Rs. 71,000 Crores announced by Central Government and its benefit to the poor farmers in crisis ridden farmers in six districts of Vidarbha region and further also asked to furnish copy of report submitted by Dr. Narendra Jadhav Committee on package schemes and its implementation within four weeks.
Division Bench headed by Justice Dilip Sinha and Justice A.P. Bhangale at Nagpur Bench of Bombay High Court while hearing the Public Interest Litigation filed by Vidarbha Jan Andolan Samiti, President, Shri Kishore Tiwari, today expressed its great concern on the entire crisis and recorded that there was much hue & cry about the mismanagement of the various packages, hence the respondent State has appointed a one man Committee consisting of Dr. Narendra Jadhav – The Vice Chancellor, Pune University, Pune to verify that the packages are properly executed and to suggest the remedial measures for better implementation of the packages. The petitioner – Sh. Kishore Tiwari himself appeared before the Commission and extended his co-operation by submitting various suggestions and data. The Commission has submitted his report to the respondent State on 17.07.08, but according to the petitioner – Sh. Kishore Tiwari no action is initiated pursuant to said report and for proper assistance to the Hon’ble Court in the instant matter the presence of above report on record is also necessary. Hence ordered the respondent State and Union Government to furnish the copy of the said report.
During the course of today hearing, it is pointed out by the Counsel for Petitioner Adv. Sh. Firdos Mirza that –
1) That Hon’ble Court was pleased to entertain the instant petition in the larger public interest considering the reports regarding suicides committed by the cotton growing farmers in the western Vidarbha and the agrarian crisis. Pursuant to the cognizance taken by this Hon’ble Court, from time to time the respondents have declared various packages and placed their details before this Hon’ble Court, still the pace of suicides is unaffected.
2) That in earlier petition before the Hon’ble Divisional Bench of this Hon’ble Court at Bombay the respondent State has submitted that the principal amount to be rescheduled in respect of the loan outstanding against the farmers is of Rs.203 crores and the interest to be written off is Rs.61 crores. Later on by filing affidavit dated 3.9.07 the respondent State submitted that towards interest waiver it has paid Rs.825 crores from P.M. packages and Rs.240 crores from State package and the total overdue as on 30.6.06 was Rs.1407 crores.
3) That recently the Central Government has announced the complete loan waiver amounting to Rs.71000 crores. As mentioned above already Rs.1065 crores were paid by the Government to the Banks towards interest waiver out of the total amount of Rs.1407 crores, hence now the new quantum of the amount disbursed towards loan waivers of the farmers raises questions about its authenticity in the background of the fact that the amount is coming from the pocket of the tax payer.
4) That in compliance with the High Court Order dated 11.07.06, 7.8.06 and 6.8.07 as made a Web site operational pertaining to the relief packages, measures and programs formulated by the State for the benefit of the farmers specially the suicide affected area. The petitioner went through the contents of this Web site, but could not found the details of the beneficiaries and the exact amount paid to each Bank, hence the application has been filed for necessary directions to the respondent for placing the record and details of the loan weavers before this Hon’ble Court.
5) That there was much hue & cry about the mismanagement of the various packages, hence the respondent State has appointed a one man Committee consisting of Dr. Narendra Jadhav – The Vice Chancellor, Pune University, Pune to verify that the packages are properly executed and to suggest the remedial measures for better implementation of the packages. The petitioner himself appeared before the Commission and extended his co-operation by submitting various suggestions and data. The suggestions made by Petitioner – Sh. Kishore Tiwari before the said committee were very much appreciated by the said Dr. Narendra Jadhav Commission which recommended Food Security to 4,42,000 farmers family in extreme distress and recommended State to supply 25 Kgs foodgrains at subsidies rate at par with BPL and also recommended Cashless Health Card to 92,321 families in which serious illness problem have been found by the survey conducted by State Govt. The Petitioner pointed out that even though the commission has submitted his report to the respondent State on 17.07.08, but no action is initiated pursuant to said report. So for proper assistance to this Hon’ble Court in the instant matter, the presence of above report on record is also necessary. Hence Court Order its submission within four weeks.
It may be recalled that the said Public Interest Litigation (PIL) was filed by Petitioner Sh. Kishore Tiwari in the year 2005. Earlier by its Order dated 13th June 2006, due to negligent & casual approach of the State & its bureaucrats to comply with the earlier orders passed by the High-Court, the Division Bench of High Court had imposed cost of Rs. 1,000/- each to be recovered from the Chief Secretary & 12 Other Top I.A.S. Bureaucrats officials of the rank of Principal Secretary, Secretaries, Divisional Commissioners and Director General of Police to be paid within 2 weeks, otherwise the reply – affidavit would not be considered the order of imposition of cost of Rs.1000/- each was modified after the prayer made by the Advocate General of Maharashtra State, who had to rush Nagpur for pleading before the Court in this Writ Petition.
The Public Interest Litigation ¨Criminal Writ Petition was filed by Shri Kishore Tiwari with the wide prayers in the interest of Cotton Cultivating Farmers community at large. The prayers are as under that –
i) the Hon’ble High Court to take cognizance of the plight of poor Farmers who were compelled to commit suicide due to wrongful policies of the State,
ii) to order necessary probe / enquiry in the role of State Officers in promoting B.T. Cotton which resulted in the failure of crop,
iii) to direct investigation through C.B.I., Vigilance Commission, C.I.D. or any other independent agency in the matter of sale of bogus and duplicate B.T. Cotton seeds by the companies and involvement of the officials of the State in inducing the poor farmers for cultivating the B.T. Cotton,
iv) to order prosecution of the guilty officials for the offences punishable under Section 306, 409, 420 & 120 (B) of Indian Penal Code and their overacts causing series of suicides of farmers,
v) to direct the State to compensate the families of the farmers who have compelled to commit suicide by the negligence of the State by providing Rs. 5,00,000/- each without any disparity or choose & pick policy,
vi) to direct the State to take immediate measures for granting financial assistance to the Cotton Growing Farmers & to take further steps to protect the farmers from the coercive recovery at the hands of banks & private money lenders,
vii) to direct the State to place Action Taken Report on the recommendations of various Committees,
viii) to direct the State to take appropriate action against the B.T. Cotton Seeds companies for compensating the poor farmers died untimely &
ix) other reliefs which High Court may find suitable in the facts and circumstances.
The petition will be taken up for further hearing after 4 weeks at the Nagpur Bench of Bombay High Court. Advocate Firdos Mirza & Advocate Vinod Tiwari appeared for the petitioner and State was represented by Additional Govt. Pleader and APP Smt. Bharati Dangre, whereas Central Government was represented by Adv. Sh. Shyam Ahirkar.
Kindly arrange to release this important news in your esteemed daily.
Thanking you,
Yours faithfully,
Santosh Netam,
Media Incharge
Vidarbha Jan Andolan Samiti
Nagpur.
http://vidarbhacrisis.blogspot.com/2008/10/pil-on-issue-of-vidarbha-farmers.htmlhttp://vidarbhacrisis.blogspot.com/2008/10/pil-on-issue-of-vidarbha-farmers.html

SC: Judiciary can only implement law, can’t legislate it
http://www.indlawnews.com/Newsdisplay.aspx?06033106-4184-4aca-9d42-ef5bec888087http://www.indlawnews.com/Newsdisplay.aspx?06033106-4184-4aca-9d42-ef5bec888087
Courts can only implement the law enacted by the legislator and cannot legislate it, the Supreme Court has held.A bench comprising Justices Arijit Pasayat, P Sathasivam and Aftab Alam while holding that an assessing authority is bound to impose the penalty as per the statutory provision of law and has no authority to impose a lesser penalty then what is prescribed under the law noted, ‘ While interpreting a provision the court only interprets the law and cannot legislate it.If a provision of law is misused and subjected to the abuse of process of law, it is for the legislator to amend, modify or repeal it, if deemed necessary. Legislative casus omissus(omission made by a law maker) can not be supplied by judicial interpretative process.’ The apex court while allowing a batch of petition filed by the Union Government and others also noted, ‘The question is not what may be supposed and has been intended but what has been said.Statutes should be construed not as theorems of Euclid but words must be construed with some imagination of the purpose, which lies behind them.’ The Supreme Court has also held that under section 11 A C of the Central Excise Act 1944 inserted by Finance Act 1966 mens rea(criminal intention) need not to be an essential ingredient.The apex court concluded by saying that object behind enactment of section 271(1)(e) read with explanation indicate that the said section has been enacted to provide for a remedy for the loss of revenue. The penalty under that provision is a civil liability and wilful concealment is not an essential ingredient for attracting civil liability as is the case in the matter of the prosecution under section 276 C of the Income Tax Act.UNI
10/20/2008
http://www.indlawnews.com/Newsdisplay.aspx?06033106-4184-4aca-9d42-ef5bec888087

Homosexuality not a disease: Delhi HC
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=227859
Press Trust of IndiaNew Delhi, Oct 20: The Delhi HC today observed that traits of homosexuality could not be said to be a disease and objected to the Centre’s contention that it was ailment which, if legalised, would bring “devastation”.”Show us one report which says that it is a disease. A WHO paper says that it is not a disease but you are describing it as a disease. It is an accepted fact that it is a main vehicle that causes (the AIDS) disease but it is not a disease itself,” a division Bench headed by Chief Justice Mr AP Shah said.The Court made the observation when the Additional Solicitor General, Mr PP Malhotra, appearing for the Centre, contended that homosexuality was a disease which was responsible for the spread of AIDS in the country. “AIDS is already spreading in the country and if gay sex is legalised then people on the streets would start indulging in such practices saying that the High Court has approved of it,” Mr Malhotra said.The Bench, also comprising Justice Mr S Muralidhar, however, took strong exception to the government’s contention, saying the matter (pertaining to legalising gay sex) was under consideration and the Centre should refrain from making such submissions.The Court was hearing a bunch of petitions filed by gay rights activists seeking decriminalisation of gay sex among consenting adults.
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=227859

Primary teachers to protest HC move
http://www.thestatesman.net/page.news.php?clid=10&theme=&usrsess=1&id=227928
Statesman News ServiceSILIGURI, Oct. 20: Members of the North Bengal unit of Primary Teachers’ Trainee Students (PTTS) will sit in a dharna before the Siliguri District Primary School Council office in Siliguri at 10:00 a.m. tomorrow to protest against the 1 October Kolkata High Court verdict that the nearly 75, 000 certificates obtained since 1995 by those who have completed the one-year course offered by the 142 primary teachers’ training institutes (PTTI) in the state, without National Council of Teachers’ Education (NCTE) recognition, were invalid.Informing this, Mr Avijit Sarkar, a senior PTTS leader said that about 200 members of the North Bengal unit of the PTTS as well as intellectuals from various fields would take part in the two-hour-long dharna, which would be organised as part of a statewide agitation to protest against the high court ruling. He said similar dharnas would be held in front of all district primary school council offices in the state from 10:00 a.m. to 12:00 p.m. to put pressure on the state government to solve the issue by appealing to the High Court to revoke the order, following which the future of the 1,42,000 students, who have passed out of the 142 PTTIs since 1995, had become bleak.Along with the protesters before the other council offices in the state, the agitators in Siliguri would hang an effigy of the state school education minister Mr Partha Dey before the council office at 12:00 p.m. tomorrow.
http://www.thestatesman.net/page.news.php?clid=10&theme=&usrsess=1&id=227928

HC asks CBI, CVC to probe Shiradi Ghat repair works
http://timesofindia.indiatimes.com/Bangalore/HC_asks_CBI_CVC_to_probe_Shiradi_Ghat_repair_works/articleshow/3621124.cms
21 Oct 2008, 0127 hrs IST, TNN
BANGALORE: Taking a serious view of the apathy of governments on issues concerning public importance, the Karnataka High Court on Monday directed the Central Bureau of Investigation (CBI) and Central Vigilance Committee (CVC) to investigate the shoddy road repair works in Shiradi Ghat. The works, worth Rs 34 crore, were carried out in the ghat section of NH-48, which connects Bangalore and Mangalore. The division bench headed by Chief Justice P D Dinakaran has also asked the authorities to call for fresh tenders within 30 days, and complete the work within three months thereafter. While disposing of two PILs highlighting the poor condition of Shiradi Ghat, the bench said: “The CBI and CVC, after getting technical support from IISc, Bangalore, shall investigate and report into the issue of violations of guidelines, failure to regulate traffic and lapses in execution of work.” The bench also directed action against erring officers at the department level, saying criminal cases be booked against the erring officers and contractors, after the report is submitted to the central government and the central vigilance commissioner. Interestingly, both counsels for state and central governments did not oppose the plea for a CBI inquiry. “Everything has gone wrong in this Rs 34-cr project. It is shocking that a substantial amount has been disbursed. Even after these repairs, unfortunately, the road is in a bad and damaged condition,” the bench observed. The counsel for Centre said lorries laden with 30-50 tonne of iron ore are allowed to ply on these roads, which is twice and above the capacity of the road.
http://timesofindia.indiatimes.com/Bangalore/HC_asks_CBI_CVC_to_probe_Shiradi_Ghat_repair_works/articleshow/3621124.cms

Primary teachers to protest HC move
http://www.thestatesman.net/page.news.php?clid=10&theme=&usrsess=1&id=227928
Statesman News ServiceSILIGURI, Oct. 20: Members of the North Bengal unit of Primary Teachers’ Trainee Students (PTTS) will sit in a dharna before the Siliguri District Primary School Council office in Siliguri at 10:00 a.m. tomorrow to protest against the 1 October Kolkata High Court verdict that the nearly 75, 000 certificates obtained since 1995 by those who have completed the one-year course offered by the 142 primary teachers’ training institutes (PTTI) in the state, without National Council of Teachers’ Education (NCTE) recognition, were invalid.Informing this, Mr Avijit Sarkar, a senior PTTS leader said that about 200 members of the North Bengal unit of the PTTS as well as intellectuals from various fields would take part in the two-hour-long dharna, which would be organised as part of a statewide agitation to protest against the high court ruling. He said similar dharnas would be held in front of all district primary school council offices in the state from 10:00 a.m. to 12:00 p.m. to put pressure on the state government to solve the issue by appealing to the High Court to revoke the order, following which the future of the 1,42,000 students, who have passed out of the 142 PTTIs since 1995, had become bleak.Along with the protesters before the other council offices in the state, the agitators in Siliguri would hang an effigy of the state school education minister Mr Partha Dey before the council office at 12:00 p.m. tomorrow.
http://www.thestatesman.net/page.news.php?clid=10&theme=&usrsess=1&id=227928

HC admits plea against judges’ seaside homes
http://www.dnaindia.com/report.asp?newsid=1199792
Mayura Janwalkar
Tuesday, October 21, 2008 02:54 IST
The Bombay High Court on Monday admitted a petition challenging the construction of a 12-floor sea-facing residential tower for high court judges and IAS officers near Rocky Hill in Walkeshwar.
A petition filed by residents of two housing societies adjoining the Rocky Hill Complex has alleged grave irregularities and violations on part of the state government and the Brihanmumbai Municipal Corporation (BMC) in allowing the construction of the judges’ quarters. The petitioners have sought an explanation as to why the World Bank (WB) funds are being used for the Rs145.18 crore project.
Advocate for the petitioners Pradeep Havnur pointed out to the court that any project over Rs5 crore needed a sanction from the MOEF. Moreover, he said the quarters being constructed in a Coastal Regulation Zone (CRZ) was not approved by the heritage committee either.
The state government, however, informed the court that as per a government notification of 2006, construction projects of over 20,000 sq metre needed the ministry’s sanction and the 12-floor-tower measuring 18,000 sq metre was well within the permissible limits.
Although the state did not stay the construction, it has stated that the construction on the plot will be subjected to final orders in the petition and posted it for further directions on November 24. j_mayura@dnaindia.net
http://www.dnaindia.com/report.asp?newsid=1199792http://www.dnaindia.com/report.asp?newsid=1199792

HC stays SHRC order
http://www.greaterkashmir.com/full_story.asp?Date=21_10_2008&ItemID=22&cat=21
Jammu: The High Court today stayed the order of the State Human Rights Commission seeking registration of a murder case against four police officers including an SHO allegedly involved in the custodial killing of a detainee. The Commission had recommended registration of a murder case against then SHO Rajouri, Showkat Ali Malik and three other police officers, Gian Singh, Muhammad Razzaq and Tasaquq Husain, allegedly involved in killing one Showkat Ali son of Haji Muhammad Latief Mugal of Chaprian, Rajouri, in custody. Justice Virender Singh after hearing advocate, MA Goni, issued notice to the respondents and in the meanwhile the operation of impugned order dated July 9, 2008 passed by the acting chairperson, J&K State Human Rights Commission Srinagar, shall remain stayed. (JNF)
http://www.greaterkashmir.com/full_story.asp?Date=21_10_2008&ItemID=22&cat=21

Punjab and Haryana HC to decide 2 lakh cases in Lok adalats
http://www.punjabnewsline.com/content/view/13213/38/
SAMEER KAURA
Tuesday, 21 October 2008
CHANDIGARH: Punjab and Haryana High Court will decide two lakh cases by organising Mega Lok Adalats at various towns of Punjab Haryana and Chandigarh under “Samadhan-2008” programme on December 20 and 21.
This was stated by District Session Judge Fatehdeep Singh while addressing a function organised to commemorate “World Mental Health Day” in nearby village Dameli this afternoon.He disclosed that special Lok Adalats would be organised at all sub divisional headquarters on these days to decide pending and new cases.He said that this compaign was being initiated to clear pendency of the cases.
He inspired the people to take advantage of these Lok Adalats.He disclosed that District Kapurthla Legal Srvices Authority had decided 12948 cases in 535 such Lok Adalats and 2535 persons had been provided free legal services.He further disclosed that 209 seminars had been organised to educate the people.Additional Civil Judge Senior Division Phagwara Harish Anand,Phagwara SDM Amarjit Pal,DSP Harkamalpreet Singh Khakh,Judicial Magistrate Kanwal Varinder,Assistant District Attorney Jagjit Kaur Walia,Senior Medical officer Phagwara Dr Rajiv Gupta besides other prominants also attended the function.
http://www.punjabnewsline.com/content/view/13213/38/

HC direction to police on cracker sales
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7BCCA6455E-CFB5-4D79-B8AA-D92E3ABA4B0D%7D&CATEGORYNAME=CHN
Chennai, Oct 20:With “Deepavali” just a week away, Madras High Court today directed the City Police Commissioner to follow the rule and regulations under the Explosives Act 1884 while granting temporary licence for the sale and storage of fireworks and crackers.
A Division Bench, comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifulla, gave the direction while disposing of a petition filed by social worker K R Ramaswamy alias “Traffic” Ramaswamy.
“The Court specially makes the Commissioner of Police responsible to ensure that all the safety measures are scrupulously followed and there should be no laxity in this regard,” the Bench said.
The petitioner had prayed for a direction to the authorities concerned to reconsider granting of licences for storing and selling crackers in thickly populated areas here.
The petitioner had submitted that the shops, selling crackers and fireworks, were not following any safety norms. ” There is no proper maintenance of exit point and the requisite distance between the shops is also not maintained,” he contended. – Agencies
Published: Monday, October 20, 2008
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7BCCA6455E-CFB5-4D79-B8AA-D92E3ABA4B0D%7D&CATEGORYNAME=CHN

HC quashes proceedings against editor
http://www.greaterkashmir.com/full_story.asp?Date=21_10_2008&ItemID=23&cat=21
Jammu: The High Court today quashed the proceedings initiated by the court of Chief Judicial Magistrate, Srinagar, on a complaint against the editor of Frontline, N Ram, for hurting religious sentiments. The compliant said the petitioner had committed an offence u/s 153 RPC by publishing a feature which had hurt the religious sentiments of Muslim community resulting in wide spread riots in different parts of Srinagar city on October 30, 2001. (JNF)
http://www.greaterkashmir.com/full_story.asp?Date=21_10_2008&ItemID=23&cat=21

Show Indu Anto case records: HC
http://www.mumbaimirror.com/net/mmpaper.aspx?page=article&sectid=2&contentid=2008102120081021055057458ae1fbecf
Court tells state government to produce the records including chargesheet and case diary
Posted On Tuesday, October 21, 2008
The Bombay High Court on Monday directed the state government to produce the records including the chargesheet filed in the case and the case diary, in the Indu Anto case trial, which is presently pending in the Sewri sessions court. The court directive came on a petition filed by C L Anto, Indu’s father. Anto, a former central government employee has filed a petition in the HC to expedite the hearing of his complaint filed in the Girgaon Magistrate’s court. Indu, a student of Sophia College, was found dead in a college hostel on August 4, 1998. The trial is still pending.The division bench of Justice S B Mhase and Justice Amjad Sayed also directed Anto to submit a final list of witness and a list of documents that he wants to examine. Anto who was present in court on Monday said that he wants to examine at least 12 more witnesses in the magistrate’s court. Hearing the submissions made by Anto, the court remarked that, “the magistrate’s court will not issue summons to any witness and you will have to remain present in the court for every hearing now onwards.”The court further observed that hearing of a private complaint (a complaint filed directly in the magistrate’s court) in the magistrate’s court and the trial cannot be heard simultaneously. After going through the case records, the HC will pass an order on Tuesday. C L Anto had filed a private complaint in the Girgaon magistrate’s court in 2003 after the police concluded the case ‘as a suicide case’. Anto has alleged that his daughter was murdered after she was ragged by senior students of the Sophia college.A magistrate’s court had on October 17 issued summons to four top-cop, including former police commissioner (CP) Ronald Mendonca in this case.
http://www.mumbaimirror.com/net/mmpaper.aspx?page=article&sectid=2&contentid=2008102120081021055057458ae1fbecf

Bhardwaj wants primacy of CJI in judicial appointments
http://www.zeenews.com/articles.asp?aid=477573&sid=NAT
New Delhi, Oct 20: Favouring that judges should appoint judges, Law Minister H R Bhardwaj has said that he stood for the primacy of the Chief Justice of India and the Chief Justices of High Courts in such matters. “I am for restoration of primacy of the Chief Justice of India in the Supreme Court and the Chief Justice of High Courts in the High Courts,” Bhardwaj said. “There is no provision in the Constitution to bring in other people,” the minister told PTI. Referring to suggestions from members of judiciary on having more heads than one in decision making, the minister clarified “I said, that is in your judicial side. I cannot discuss the judicial side. I said my Attorney General shall argue before you, you decide.””If the CJI says he does not agree that this is a proper appointment how can you appoint such a person,” the minister said.The parliamentary standing committee on law and justice had recently called for transparency in judicial appointments and suggested a relook at the in-house system of the judiciary to appoint judges through a collegium (a panel of judges).A top Law and Justice department official today told media that no decision on “collegium-related aspects of the House panel’s suggestions” has yet been taken. The ministry is still considering the panel’s suggestions. In 1993, Chief Justice of India J S Verma had laid down the law on the role of collegium in judicial appointments. In the pre-1993 situation, judges were appointed by the President on the CJI’s recommendations. Bureau Report
http://www.zeenews.com/articles.asp?aid=477573&sid=NAT

Findings of most judicial panels gathering dust
http://timesofindia.indiatimes.com/India/Findings_of_most_judicial_panels_gathering_dust/articleshow/3616573.cms
20 Oct 2008, 0137 hrs IST, Dhananjay Mahapatra, TNN
Samajwadi Party leader Amar Singh and Trinamool Congress chief Mamata Banerjee have reached a consensus — the Batla House encounter was fake. Despite being so sure, Singh and Banerjee want a judicial probe. This means the probe be headed by either a retired or a sitting judge of the Delhi high court or the Supreme Court. To conduct impartial probe, Parliament enacted the Commissions of Inquiry Act in 1956. It is difficult to say whether the Act met the law framers’ aspirations in the last five decades, but it has definitely fulfilled the penchant of politicians to call for a judicial probe into everything that goes wrong under the sun. Hundreds of inquiry commissions, headed by retired and sitting judges of the SC and HCs, have been set up since 1956 to probe riots, corruption, emergency, communal riots, assassinations and Babri Masjid demolition. Judicial inquiry commissions have always been useful for the ruling party. It helps to diffuse the heated atmosphere as the affected eagerly participate in the proceedings to present their grievances. Importantly, it delays unravelling of the trigger for the incident and, mostly, fails to unveil the culprits. When the recommendations come after a long time, it is for the government’s sweet will whether or not to accept them. Despite the known fate of inquiry commissions, what makes politicians demand a judicial probe every now and then? Is the intrinsic faith of the public in judiciary the catalyst? But, people are increasingly getting disillusioned. They are witness to the recent political drama over conflicting reports of Justices G T Nanavati and U C Banerjee on Godhra train burning incident. They are aware of many a judicial commission on riots. Justice Ranganath Mishra Commission found no one responsible for the anti-Sikh riots when it was public knowledge that three local political stalwarts were the prime instigators. Justice B N Srikrishna Commission gave a stinging report on the 1992 Mumbai riots. It was not implemented till the Supreme Court forced the government’s hands. And if a government intends to delay unravelling the truth behind an incident, it can learn from Justice Liberhan Commission, which was set up in early 1993 to probe the circumstances that led to demolition of Babri Masjid on December 6, 1992. After more than 15 years, it is yet to submit its report. People are well aware that riots are part of a bigger conspiracy hatched by local-level politicians who fan the anger between communities and keep it simmering till triggered by an incident. Bipan Chandra, in his ‘Communalism in Modern India’, says that a clear relation between communal riots and politics was established for the first time in 1946, when the Muslim League gave its direct action call on August 16, 1946. Right-wing politicians joined the stage, set more than 62 years ago, and proved to be quick learners, for many a judicial commission has accused them of fanning localised riots into a bigger canvass. One of the first judicial commissions probing riots was headed by Justice D P Madan, who inquired into communal disturbances at Bhiwandi, Jalgaon and Mahad in May 1970 when nearly 200 people lost their lives. In his report more than 30 years ago, he had said: “The basic cause of all communal disturbances is the communal atmosphere pervading the country and the communal tension built up between communities. This communal atmosphere provides a ready-tilled soil for communal minded people to sow seeds of communal hatred and nurture them until the bitter harvest of communal riots is reaped.” There is a lesson for Singh, Banerjee and all politicians in Justice Madan’s report. Instead of demanding a judicial probe, they would do well to work for the uplift of Muslims and not drive any wedge between communities.
http://timesofindia.indiatimes.com/India/Findings_of_most_judicial_panels_gathering_dust/articleshow/3616573.cms

UPDATE 2-Balaji says Star terminates show, seeks legal recourse
http://in.reuters.com/article/domesticNews/idINBOM14756020081020
Mon Oct 20, 2008 4:18pm IST
MUMBAI, Oct 20 (Reuters) – Television content provider Balaji Telefilms Ltd (BLTE.BO: Quote, Profile, Research) said it was seeking legal remedies after SGL Entertainment Ltd, a Star group unit terminated sourcing and telecasting a popular television show from Nov. 10.
‘Kyunki Saas Bhi Kabhi Bahu Thi,’ once one of India’s top-rated shows, is produced by Balaji and the termination is in breach of contractual obligation owed by the Star group to Balaji, the content maker said in a statement to the BSE.
Shares in Balaji fell as much as 13.3 percent to 94.20 rupees after the news and recovered slightly to trade 11.42 percent down at 96.20 rupees at the close of trade in a firm Mumbai market.
Star was paying a premium for ‘Kyunki’ due to its popularity and to prevent Balaji from providing other broadcasters with shows at the same time slot, two analysts said. But as newer shows stole ratings, the premium lost relevance, they said.
According to TAM Media Research, ‘Balika Vadhu’, a drama on a child bride, and Star’s ‘Bidayi’ topped the ratings charts, while Kyunki didn’t feature among the top five shows in the Hindi general entertainment genre.
Analysts say that while they were expecting the show to be cancelled, the announcement came 2-3 months earlier than expected, signalling more losses for Balaji.
“For 2-3 months, there will be a decline in revenue of Balaji,” said an analyst from a Mumbai brokerage who declined to be named. “It’s definitely a negative for Balaji.”
The 8-year-old series ‘Kyunki’ gained popularity as an early Hindi soap with the central character of a daughter-in-law, ‘Tulsi’, played by Smriti Irani and has crossed 1,500 episodes, according to Balaji’s website.
In August this year, Star and Balaji said they will cancel their joint venture agreement to launch regional language channels and the Indian broadcaster will sell its 25.99 percent stake in Balaji.
The founders of Balaji are entitled to purchase the stake on their own or through a third party for 190 rupees a share.
Star, whose flagship general entertainment channel Star Plus, is the top-rated channel, faces close competition from new entrant Colors, a joint venture between Viacom Inc (VIA.N: Quote, Profile, Research) and the Network18 group, TAM data showed.
Its other rivals include New Delhi Television’s (NDTV.BO: Quote, Profile, Research)’s NDTV Imagine and general entertainment channels owned by Zee Entertainment (ZEE.BO: Quote, Profile, Research), Sony Entertainment and Sahara.
Officials at Star declined to comment, saying the matter was now sub-judice before the Mumbai courts. (Reporting by Jasudha Kirpalani, Editing by Ramya Venugopal)
http://in.reuters.com/article/domesticNews/idINBOM14756020081020

Bill to amend Workmen’s Compensation Act introduced in LS
http://www.hindu.com/thehindu/holnus/002200810201937.htm
New Delhi (PTI): A bill to provide compensation to workers covered by the Employees’ State Insurance Act in case of industrial accidents and occupational diseases was introduced in the Lok Sabha on Monday.
The bill to amend the Workmen’s Compensation Act, 1923 to make it gender-neutral and more worker-friendly was introduced by Union Labour Minister Oscar Fernandes.
The Workmen’s Compensation (Amendment) Bill, 2008 provides for the substitution of the word ‘workman’ with ’employee’ to ensure that the Act is applicable to all classes of employees and make the expression gender-neutral.
The prevailing 1923 Act is not applicable to employees covered by the Employees’ State Insurance Act, 1948.
Keeping in mind the changing trend in the wage level of employees, the bill proposes to have an enabling provision to revise the wage ceiling from time to time by the Centre.
The bill also have provisions to enhance the funeral expenses of the deceased employee from Rs 2,500 to Rs 3,000.
It also aims to omit restrictive clauses in Schedule II of the Act to make it more worker-friendly.
The Second National Commission on Labour set up in 2002 had made recommendations for amending the Workmen’s Compensation Act, 1923.
http://www.hindu.com/thehindu/holnus/002200810201937.htm

Now, north Delhi faces power tariff hike
http://timesofindia.indiatimes.com/Delhi/Now_north_Delhi_faces_power_tariff_hike/articleshow/3620553.cms
21 Oct 2008, 0249 hrs IST, TNN
NEW DELHI: After south and east Delhi, now residents of north Delhi are expected to have a hike in power tariff. The appeal filed by discom NDPL against the tariff order of Delhi Regulatory Electricity Commission (DERC) will be heard in the Apellate Tribunal of Electricity on Tuesday. Senior officials said that any verdict in favour of discoms could mean increase in tariff for residents of north and northwest Delhi. According to sources, unlike BSES which had appealed against the entire order, NDPL’s petition is restricted to revenue constraints and denial of capitalization where it has sought more revenue relief from the tribunal. The verdict of the panel will decide the revized tariff costs for NDPL consumers. Recently, BSES had a similar hearing where power tariff of east, west and central Delhi was also facing an interim hike but the hearing has been adjourned for the time being. Sources said that it was likely that NDPL hearing in the tribunal could be deferred looking at the recent episode when BSES’s hearing was postponed till November. “NDPL’s petition in the tribunal is basically contesting the unrealistic revenue projections made by DERC in the multi-year tariff order. If a verdict is granted in their favour, it could lead to a tariff hike mounting to Rs 2/unit. DERC has to make certain restrictions in their order to avoid tariff hike with the Assembly elections being so close. Also, discoms since then have been crying hoarse that their costs have been unfairly cut,” said a source. NDPL officials on their part said that their petition was based on unreasonable projections by the Commission. “We divided our petition in two parts. A few days ago, we had a hearing with DERC on a review petition submitted to them. The public hearing has been adjourned to November 24. Apart from that, we have also appealed against the DERC tariff order in the tribunal and the hearing is scheduled for Tuesday,” said a senior NDPL official.
http://timesofindia.indiatimes.com/Delhi/Now_north_Delhi_faces_power_tariff_hike/articleshow/3620553.cms

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