LEGAL NEWS 06.02.2009

State assures Supreme Court that it will implement BMIC project
http://www.hindu.com/2009/02/05/stories/2009020550390100.htm
J. Venkatesan
Justice Pasayat terms Deve Gowda’s letter to High Court judges ‘unfortunate’
New Delhi: The Karnataka Government on Wednesday assured the Supreme Court that it was fully committed to implementing the Bangalore-Mysore Infrastructure Corridor (BMIC) project and would abide by the decisions of the Karnataka High Court and the apex court.
Following this assurance from Solicitor General G.E. Vahanvati, appearing for the State of Karnataka, a three-judge Bench of Justice Arijit Pasayat, Justice V.S. Sirpurkar and Justice A.K. Ganguly posted for hearing in the third week of April a batch of petitions filed by Nandi Infrastructure Corridor Enterprises and others.
Mr. Vahanvati submitted that the government would implement the 2006 apex court judgment but would restrict the total area of the project to 20,193 acres, of which 7,084 acres had already been handed over to NICE. He said acquisition proceedings for 13,109 acres pending before various courts would be expedited. Recording this undertaking, the Bench adjourned the hearing in the contempt proceedings.
Senior counsel Dushyant Dave, appearing for NICE, submitted that the Karnataka High Court had treated as a public interest litigation (PIL) a letter written by the former Prime Minister H.D. Deve Gowda to all the High Court judges. He said the letter had enclosed a book titled “BMIC project: A case study in Fraud and Collusion to Defeat Ends of Justice” published by Mr. Gowda’s party, the Janata Dal (S).
Counsel said the letter was a clear case of substantial interference with due course of justice and was, therefore, criminal contempt. He found fault with the High Court for treating the letter as a PIL.
Justice Pasayat observed, “It is unfortunate that such a letter has been written. We have not read the book, we have better things to do. We can commit mistakes, our judgments may be wrong and there can be constructive criticism. But to say that the judgment is outcome of influence or power is really unfortunate and is itself contemptuous.”
Justice Sirpurkar said, “You [Mr. Gowda] may head a political party. You write, publish book, hold seminars but don’t send them to judges.”

A ‘special jail’ for terror suspects?
http://www.indianexpress.com/news/a-special-jail-for-terror-suspects/419626/
Express News Service Posted: Feb 05, 2009 at 1312 hrs IST
New Delhi: Supreme Court on Thursday suggested the state Government to have a “special jail” for Terror suspects.
The bench of Chief Justice of India K G Balakrishnan and Justice P Sathasivam, while hearing a PIL that sought measures to prevent rising instances of jailbreaks, asked “where should be a special jail for terrorist with extra security in places like Maharashtra and Delhi?
The PIL filed by Mazoor Ali Khan, through advocate D K Garg, highlighted increasing number of incidents of jailbreaks due to inadequate security measures.

Violating Allahabad High Court ban, parties put up hoardings in public places
http://www.indianexpress.com/news/violating-allahabad-high-court-ban-parties-put-up-hoardings-in-public-places/419413/0
Vijay Pratap Singh Posted: Feb 05, 2009 at 0116 hrs IST
Related Stories:
Allahabad: In a blatant violation of the Allahabad High Court order banning the use of posters, banners, hoardings and other advertisement material on roads, several political parties have put up such material all over the city.
The leaders violating the order include BSP Lok Sabha candidate from Phoolpur Kapil Muni Karvariya, Cabinet minister Nand Gopal Gupta, BSP candidate from Allahabad Lok Sabha seat Ashok Bajpai, SP members Shyma Charan Gupta and Pervej Ahmad. The list of violators even includes the district information office.
Hoardings have come up at public places like the Civil Lines crossing, district collectorate campus, Kotha Parcha, George Town, Mumfordganj and Lucknow Road.
A hoarding of Chief Minister Mayawati stands at the Civil Lines crossing. Assistant Director of Information R P Dwivedi, however, claimed that the hoarding, which lists several schemes of the BSP government, have been put up by the ruling party.
Anand Mohan, a social activist, said: “While the High Court order acts as a deterrent to commercial advertisements, the political parties have created a mess by fixing hoardings.” He added: “Even the district administration flouted the order and put up two hoardings of Chief Minister Mayawati at the district collectorate campus. I am going to file a contempt case against these leaders and parties.”
Municipal Commissioner Ashok Kumar, while expressing his ignorance about the High Court order, said: “If there is any High Court order on the issue, I will initiate action against the leaders and advertisers who had put up hoardings in public places.”
BSP leader Ashok Bajpai said: “I am not aware of any hoarding featuring me in Civil Lines. But if this is the case, I will ask my supporters to remove it.”
Pervez Ahmad, an SP leader, had a different reason to cite: “After seeing so many hoardings of the ruling party leaders in the Civil Lines, I have also put up my hoarding.”
On March 15, 2005, the High Court had passed an order on a PIL filed by Anand Mohan, prohibiting “posters, banners, hoardings, arcades, gates and barricading fixed by pitching poles on the metal roads, causing traffic obstructions and encroachment”. It also disallowed “defacement of public buildings and boundary walls”.The court had directed the Allahabad municipal commissioner to ensure that “no hoarding or advertisement material should be fixed in public places even if the roads are not disturbed. This implies a complete prohibition of ad materials in all forms”.
The Division Bench, comprising Justices A K Yog and B B Agrawal, had ruled: “It should be the liability of the Allahabad Municipal Commissioner and the senior superintendent of police to ensure compliance with the order and submit report of actions taken against the erring officials.”
The state Government and Allahabad Municipal Corporation had filed a Special Leave Petition (SLP) against this order at the Supreme Court. On October 24, 2005, the court had dismissed the SLP after hearing the petitioners and respondent Anand Mohan.

Cong, NCP mum on Roy judgement; say upto Govt to decide

http://www.indopia.in/India-usa-uk-news/latest-news/495280/National/1/20/1
Published: February 5,2009

Mumbai , Feb 5 Congress and NCP, the ruling coalition partners in Maharashtra today declined to comment on Bombay High Court&aposs judgement setting aside the appointment of DGP A N Roy.
Maharashtra Pradesh Congress Committee vice-president Hussain Dalwai said government will take an appropriate decision in this regard.
Chief Minister Ashok Chavan has already began the process of overhauling of the police force, he said.
“He has begun series of meetings as part of the process,” Dalwai said.
NCP spokesman Madan Bafna said the party did not wish to comment on the High Court judgement.
To a question on the HC&aposs adverse comments against the Government, Bafna said he has not seen the copy of the judgement.
Source: PTI

Apex court sends back Sahara petition to Bombay High Court
http://www.hindu.com/thehindu/holnus/006200902051152.htm
New Delhi (PTI): The Supreme Court has remanded back to the Bombay High Court a Sahara Group company’s petition challenging the latter’s order that had earlier stalled its plan to build 200 bungalows and a golf course on a 600-acre plot, worth Rs 50,000 crore, on Mumbai’s outskirts.
However, it has asked developer B Jeejeebhoy Vakharia and Associates not to create third-party rights while dealing with the plot in Aarei Colony in Goregaon.
B Jeejeebhoy Vakharia had enetered into an agreement with Sahara in 2001 for constructing residential premises but terminated the deal in 2005 on the grounds that the latter had ‘failed to start’ work.
A bench headed by Arjit Pasayat also directed the High Court to dispose of the matter preferably within three months.

Environment (Protection) Third Amendment Rules, 2002
http://www.legalindia.in/?p=167
MINISTRY OF ENVIRONMENT AND FORESTSNOTIFICATION
New Delhi, the 9th July, 2002
Environment (Protection) Third Amendment Rules, 2002.
G.S.R- 489(E).–In exercise of the powers conferred by sections 6 and 25 of the Environment (Protection).Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Environment (Protection) Rules, 1986, namely:-
1. (1) These rules may be called the Environment (Protection) Third Amendment Rules, 2002.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Environment (Protection) Rules, 1986, in Schedule 1, after serial number 95 relating to Emission Limits for New Diesel Engines (up to 800 KW) for Generator Sets (Gensets) Applications and the entries relating thereto, the following serial number and entries shall be inserted, namely :
“96. EMISSION STANDARDS FOR DIESEL ENGINES (ENGINE : RATING MORE THAN 0.8 MW (80.0 KW) FOR POWER PLANT, GENERATOR SET APPLICATIONS AND OTHER REQUIREMENTS
TABLE
Parameter Area Category Total engine rating of the plant (includes existing as well as new generators sets)t Generator sets commissioning date
Before 1.7.2003 Between 1.7.2003 and 1.7.2005 On or after 1.7.2005NOX (as NO2)(AT 15% O2), dry basis, in
ppmvA Upto 75 MW 1100 970 710B Upto 50 MWA More than 75 MW 1100 710 360B More than 150 MW
NMHC (as C) (at 15% O2), mg/Nm3 Both A and B 150 100
PM (at 15% O2), mg/NM3. Diesel
Fuels –
HSD & LDOBoth A and B 75 75
Furnace Oils-LSHS & FO Both A and B 150 100
CO (at 15% O2, mg/Nm3 Both A and B 150 150
Sulphur content in fuel A <2%B <4%Fuel specification For A only Up to 5MW Only Diesel Fuels (HSD, LDO) shall be used.
Stack height (for generator sets commissioned after 1.7.2003) Stack height shall be maximum of the following, in meter :
(i) 14 Q0.3., Q = Total SO2 emission from the plant in kg/hr.
(ii) Minimum 6 m. above the building where generator set is installed.
(iii) 30 m.

MW : Mega (106) WattNOx : Oxides of NitrogenNO2 : Nitrogen DioxideO2 : OxygenNMHC : Non-Methane HydrocarbonC : CarbonPM : Particulate MatterCO : Carbon MonoxideSO2 : Sulphur Dioxideppmv : Part per million (106) by volumeFO : Furnace OilHSD : High Speed DieselLDO : Light Diesel OilLSHS : Low Sulphur Heavy StockkPa : Kilo Pascalmm : Milli (10-3) metrekg/hr : Kilo (103) gram per hourmg/Nm3 : Milli (10-3) gram per Normal metre cubic2. Area categories A and B are defined as follows :
Category A: Areas within the municipal limits of towns/cities having population more than 10 lakhs and also upto 5 km beyond the municipal limits of such towns/cities.
Category B: Areas not covered by category A.
3. The standards shall be regulated by the State Pollution Control Boards or Pollution Control Committees, as the case may be.
4. Individual units with engine ratings less than or equal to 800 KW are not covered by this notification.
5. Only following liquid fuels viz. High Speed Diesel, Light Diesel oil, Low Sulphur Heavy Stock and Furnace Oil or liquid fuels with equivalent specifications shall be used in these power plants and generator sets.
6. For expansion project, stack height of new generator sets shall be as per total Sulphur Dioxide emission (including existing as well as additional load).
7. For multi engine plants, fuels shall be grouped in cluster to get better plume rise and dispersion. Provision for any future expansion should be made in planning stage itself.
8. Particulate Matter, Non-Methane Hydrocarbon and Carbon Monoxide results are to be normalized to 25? C, 1.01 Kilo Pascal (760 mm of mercury) pressure and zero percent moisture (dry basis).
9. Measurement shall be performed at steady load conditions of more than 85% of the rated load.
10. Continuous monitoring of Oxides of Nitrogen shall be done by the plants whose total engine capacity is more than 50 Mega Watt. However, minimum once in six month monitoring for other parameters shall be adopted by the plants.
11. Following methods may be adopted for the measurement of emission parameters,-
Sl. No. Emission Parameters Measurement Methods1. Particulates Gravimetric2. SO2 Barium Perchlorate-Thorin indicator method3. NOx Chemiluminescence, Non Dispersive Infra Red, Non Dispersive Ultra-violet (for continuous measurement), Phenol disulphonic method4. CO Non Dispersive Infra Red5. O2 Paramagnetic, Electrochemical sensor6. NHMC Gas Chromatograph – Flame Ionisation Detector
[F. No. Q-15017/24/2002-CPW]C. VISWANATH, Jt. Secy.
Note :- The principal rules were published in the Gazette. of India vide number S.O. 844(E) 19th November, 1986 and subsequently amended vide S.O. 433(E) dated 18th April, 1987, S.O. 64(E) dated 18th January, 1988, S.0.3(E) dated 3rd January. 1989. S.O. 190(E) dated 15th March, 1989, G.S.R. 913(E) the 24th October, 1989, S.O. 12(E) dated the 8th January, 1990, G.S.R. 742(E) dated the 30th August, 1990, S.O. 23(E) dated the 16th January, 1991, G.S.R. 93(E) dated the 21st February, 1991, G.S.R. 95(E) dated the 12th February, 1992, G.S.R. 329(E) dated the 13th March, 1992, G.S.R. 475(E) dated the 5th May, 1992, G.S.R. 797(E) dated the 1st October, 1992, G.S.R. 386(E) dated the 28th April, 1993, G.S.R. 422(E) dated the 19th May, 1993, G.S.R. 801(E) dated the 31st December, 1993, G.S.R. 176(E) dated the 3rd April 1996, G.S.R. 631(E) dated the 31st October, 1997, G.S.R. 504(E) dated the 20th August, 1998, G.S.R. 7(E) dated the 25th September, 2000, G.S.R. 72(E) dated 6th February, 2001, G.S.R. 54(E) dated 22.1.2002 and G.S.R. No. 371(E) dated 17.5.2002.
Wednesday, February 4th, 2009, by Legal India

Tata Power hid vital info in case against RPower: govt
http://www.business-standard.com/india/news/tata-power-hid-vital-info-in-case-against-rpower-govt/19/13/54428/on

Press Trust of India / New Delhi February 05, 2009, 17:36 IST
The government today said Tatas have suppressed vital information in their petition before the Delhi High Court challenging permission to Anil Ambani-led Reliance Power to use captive coal from Sasan Ultra Mega Power project for other projects.
“The petition has been filed on a totally false basis and gives a totally misleading and erroneous impression,” said the Ministry of Power in its affidavit filed before the court.
The government submitted that Tata Power “deliberately” did not append the letter written by the Ministry of Coal clarifying that the allocation of Chhatrasal block would also apply to all other blocks of Sasan UMPP and the same was communicated to all the bidders including Tata Power.
“Petitioner (Tata) has deliberately not annexed the aforesaid letter dated November 20, 2006 and the said email communication to the writ petitioner and has deliberately failed to make note of the same in the averments of the writ petition,” the government submitted.
Moreover, the government said, Tata Power was allotted two coal blocks -Tubed and Mandakani, which also have the condition that coal from these blocks could be used for other purposes but with the approval of the Centre.

Salwa Judum disappearing: Chhattisgarh
http://www.hindu.com/2009/02/06/stories/2009020654901200.htm
Legal Correspondent
You cannot encourage common man by arming him to fight naxals, says CJI
We have taken action on NHRC recommendations: Chhattisgarh
State government fully backing the movement: petitioner’s counsel
New Delhi: The Chhattisgarh government on Thursday told the Supreme Court that the Salwa Judum (people’s army) was slowly disappearing in the State. It submitted that it had taken firm action on the findings of the National Human Rights Commission on the allegations of atrocities committed by the Salwa Judum against innocent people.
Senior counsel K.K. Venugopal, appearing for the State government, made this submission before a Bench comprising Chief Justice K.G. Balakrishnan and Justice P. Sathasivam that was hearing a petition filed by Nandini Sundar and others highlighting the Salwa Judum’s atrocities.
On the directions of the apex court, the NHRC had probed the allegations and submitted its report making various recommendations to the State government. In its response, the Chhattisgarh government said it had ordered payment of compensation and undertaken rehabilitation measures. Residents of camps would be given rations and health protection.
Mr. Venugopal said FIRs (first information report) were registered wherever recommended. “The Salwa Judum is slowly disappearing and doesn’t exist.”
Senior counsel T.R. Andhyarujina, appearing for the petitioner, disagreed and pointed out that the Chief Minister recently justified the existence of the Salwa Judum and the State was fully supporting the movement.
When Mr. Venugopal said the naxal problem in the State was alarming and killings were taking place regularly, the CJI said “the State is bound to protect the citizens.” Counsel said “this is not a mere law and order problem.” He denied the charge that the Salwa Judum members were being given arms by the government.
However, the CJI asked counsel: “What then is the concept of Salwa Judum. How are they getting arms? Once you give arms it will be difficult to retrieve them and we are going to get disastrous consequences. If you continue with the arms, we may have to take a drastic position. We do not underestimate the enormity of the problem. But you cannot encourage common man by arming them to fight naxalites.”
The CJI said, “You [government] are getting enough funds from the Centre. You create employment opportunities in the naxal areas under the National Rural Employment Guarantee Act, provide infrastructure and education facilities in the area.”
The Bench granted four weeks to the petitioners to respond to the action-taken report and the State government to file additional affidavit on the extent of the naxal problem.

Babu faces jail for misleading judiciary
http://timesofindia.indiatimes.com/Hyderabad/Babu_faces_jail_for_misleading_judiciary/articleshow/4083797.cms
6 Feb 2009, 0002 hrs IST, TNN
HYDERABAD: Upset with the way the state administration is choosing to mislead the judiciary, Justice Goda Raghuram of the A P High Court on Thursday declared that he would sentence the principal secretary of the social welfare department and the RDO of Chevella in Ranga Reddy district for filing a false affidavit in the court in respect of compensation to be paid to some farmers in Attapur area under Chevella division. The judge was dealing with a contempt petition filed by K Chandra Reddy and others of Attapur who brought to the notice of the court that the compensation was not paid to them so far despite the acquisition of their two acre land in 1981. Though there was a clear order from the court earlier to pay half of the decretal amount to the farmers before coming to the court, the authorities had in 2007 filed a false affidavit claiming to have paid that amount already to the farmers. Counsel for the petitioner, P Prabhakar Reddy told the court that this did not happen at all. The principal secretary of the social welfare department has not even filed his reply affidavit so far. The judge ordered both the principal secretary and the RDO to be present before the court on February 19 for deciding the exact term of the sentence to be slapped on them.

I have no intention to influencing judiciary : Gowda
http://news.chennaivision.com/index.php/2009/02/i-have-no-intention-to-influencing-judiciary-gowda/
By chennaivision at 5 February, 2009, 7:32 pm
Gulbarga, Pulled up by the apex as well as Karnataka High Court for sending letters and booklets on alleged corruption in express way project, former Prime Minister H D Deve Gowda today said he had no intention of influencing the judiciary with his letters.
Addressing a press conference here he, however, defended his actions to explain the large scale irregularities that had taken place in the Bangalore Mysore Infrastructure Corridor (BMIC) project. He did everything only to safeguard the interests of the poor and the who lost their affected land.
”In 50 years of my political life, I have never shown disrespect to the judiciary,” he stated.
He said he had brought to the notice of all the Chief Ministers who had ruled the state since the project was launched, the irregularities to the tune of Rs 30,000 crore. The state government had not responded to his, charged.
”It is unfortunate that the state government is extending patronage to the private promoters of the project. Several government officials are involved in the mega fraud”, he alleged.
Supreme court yesterday had expressed displeasure over the letters written by Mr Gowda.
UNI

Sex workers get insurance
http://timesofindia.indiatimes.com/Mumbai/Sex_workers_get_insurance/articleshow/4083603.cms
6 Feb 2009, 0211 hrs IST, TNN
The Sangini Mahila Sewa Co-operative Society, in collaboration with Population Services International India and the LIC of India, gave out insurance policies to over 200 commercial sex-workers at Kamathipura on Thursday.
This insurance has the lowest premium and exempts policy-holders from medical examination.

Parents move HC against shift of school’s SSC section
http://timesofindia.indiatimes.com/Mumbai/Parents_move_HC_against_shift_of_schools_SSC_section/articleshow/4083619.cms
6 Feb 2009, 0236 hrs IST, Anahita Mukherji, TNN
MUMBAI: The Forum for Fairness in Education (FFE), an NGO that works against commercialisation of education, and a few parents of The New Era School at Hughes Road jointly filed a case in the high court against the school management’s decision to shift its SSC section to D N Road. The New Era School — set up more than 70 years ago by M T Vyas, a staunch supporter of the country’s independence movement — offered only the SSC curriculum until it was taken over by the Aditya Birla Group over a year ago. The school now offers the International General Certificate of Secondary Education (IGCSE) curriculum as well as SSC. A few months ago, the Birlas announced plans to shift the entire SSC section to a seven-storeyed building near CST station. “We have objected to the management’s decision to shift the SSC schoolchildren over 4.5 km from where they were studying earlier. The new school building has no compound and opens directly on to a footpath. Where will the children play?,” said Jayant Jain, former president of FFE. The petition states that the school management is commercialising education and has attempted to clear SSC students out of the building to make way for IGCSE students. While SSC students pay a fee of around Rs 20,000 a year, for IGCSE students the figure crosses Rs 4 lakh. The management told parents at a PTA meeting that The New Era School building was unsafe and needed repair. The petition countered that the building was renovated a year ago at a cost of Rs 7.5 crore. “The school’s own architect has certified the building as safe,” added Jain. While IGCSE students will be shifted temporarily to a new location, in case of SSC students, the move will be permanent. In its reply to an RTI application filed by FFE, the BMC’s D ward office said the New Era School building was not on its list of unsafe, dangerous or dilapidated structures. The management refused to comment on the subject. anahita.mukherji@timesgroup.com

Borivli bar unites to bail out accused
http://timesofindia.indiatimes.com/Mumbai/Borivli_bar_unites_to_bail_out_accused/articleshow/4083697.cms
6 Feb 2009, 0241 hrs IST, Ambarish Mishra, TNN
MUMBAI: The Borivli metropolitan court on Thursday granted bail to 32 railway commuters who were arrested in connection with a rail roko on Wednesday. The stir, which took Western Railway by surprise, was sparked by the cancellation of a Churchgate-bound train from Borivli during the morning rush hour following a snag in the traffic signal. The accused, who were booked under Section 143, 144 and 329 of the IPC, were produced before the metropolitan court amidst tight security. Magistrate Gautam Shirsat released them on a personal bond of Rs 5,000 each. In an unprecedented move, the Borivli Bar Association extended support to the arrested commuters. “We told the honourable magistrate that we all are with the commuters. We requested him to grant them bail as none had a criminal record,” said advocate Vijay Singh. Stating that he represented four of the 32 accused in the case, Singh added, “As the opening arguments were being made, all lawyers present in court stood up and expressed solidarity with the commuters. I must say that was a moment of pride”. Advocate Ashok Sutrale added, “What happened on Wednesday was commuters giving vent to their ire against Western Railway authorities. Those who took part in the rail roko were not hardened criminals or goons. They acted not out of any personal motive, but to highlight a public grievance. We are happy that the honourable magistrate respected the lawyers’ sentiments.” After they were released around noon, the commuters and their relatives profusely thanked the lawyers. A tight security ring was thrown around the Borivli court, a stone structure situated in the heart of the market. Citizens who turned up in large numbers were kept at bay by the police. Ramesh Patel, a local resident summed it up, “The police act with amazing speed when it comes to cracking down on citizens. But the wheels of justice turn at a snail’s pace in the case of criminals and underworld elements.”

State failed to follow SC directive in DGP selection process
http://timesofindia.indiatimes.com/Mumbai/State_failed_to_follow_SC_directive_in_DGP_selection_process/articleshow/4083703.cms
6 Feb 2009, 0253 hrs IST, Swati Deshpande , TNN
MUMBAI: In 2005, the Supreme Court (SC), in a landmark judgment in a PIL filed by an IPS officer, Prakash Singh – on the failure of the government to implement the police reforms recommended by various committees – had laid down certain guidelines to be followed by the Centre and states for the appointment of DGP and IGP. l There were two important conditions laid down by SC. It stated that the DGP and the Inspector General of police, two key posts, have to be chosen from among three senior-most officers of the state empanelled by the Union Public Service Commission, and that the officer selected must have a tenure of two years irrespective of his date of superannuation. But such empanelment has not been done by the state.

Do not use PILs for pvt woes: HC
http://timesofindia.indiatimes.com/Mumbai/Do_not_use_PILs_for_pvt_woes_HC/articleshow/4083713.cms
6 Feb 2009, 0301 hrs IST, Shibu Thomas, TNN
MUMBAI: Public interest litigations cannot be used to redress private grievances, the Bombay high court ruled in an important judgment on Thursday. A division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud made the observations, while declining to grant any relief to a former Navy officer who had filed a PIL alleging irregularities by his wife’s boss at the Kakrapur Atomic Power Station. “PILs would be maintainable only to remedy a public wrong and not for redressal of private and other disputes not genuinely concerned with public interest,” said the judges, adding, “Matters covered under the private field would hardly be subject matter of a PIL.” The court’s remarks echoes views expressed earlier by the Supreme Court that some times PILs had become “publicity interest litigation”, “private interest litigation”, “politics interest litigation”, and even “paisa income litigation”. The case before the high court was filed by Dr Arvind Kumar Sharma, a former Surgeon Lieutenant Commander of the Indian Navy, who had served on Short Service Commission with the Armed Forces Medical Corps. Dr Sharma’s complaint was directed at his wife’s boss Dr N K Ajmera, medical superintendent at the atomic power station in Gujarat. According to Dr Sharma the Chief Vigilance officer of the power station had submitted a report alleging irregularities by Dr Ajmera in connection with the purchase of medicines on the verge of expiry. No action was however taken and Dr Ajmera had resorted to harassing his juniors, including the petitioner’s wife, Dr Sharma claimed. The authorities however pointed out that a departmental inquiry as well as the Chief Vigilance Commissioner had not found any evidence against Dr Ajmera. “Though some suspicion was caused by the CVO’s report, the matter has been put to rest by the disciplinary authority,” said the judges.

Cops seek court nod for lie-detector test
http://timesofindia.indiatimes.com/Mumbai/Cops_seek_court_nod_for_lie-detector_test/articleshow/4083616.cms
6 Feb 2009, 0226 hrs IST, S Ahmed Ali, TNN
MUMBAI: The MRA Marg police investigating the alleged framing of an estate agent by the Dongri police at the behest of a builder in 2004 have now appealed in a metropolitan court, seeking permission to conduct lie-detection tests on the three accused in the case. The MRA Marg police sought permission as the three accused — sub inspector Rajendra Bhosle, builder Ravi Shelatkar and his associate P R Sundaram, were misleading the investigations. So they wanted to conduct lie detection and polygraph tests on the trio. The court has asked the defence to file its say and the matter has been adjourned for hearing until February 9. But sources said that the MRA Marg police have been dithering on this case for some time now. Despite a strong recommendation for Bhosle’s dismissal, a former police commissioner managed to reinstate him in the local arms department last year, sources claimed. Investigating officer Ravindra Doiphude said that since the time they have registered the case, the trio are not cooperating and misleading them. During the two years of investigation, the police found out that estate agent Rajesh Solanki was framed in the NDPS and Arms Acts by sub inspector Bhosle. However, they are yet to collect evidence and establish that Bhosle framed Solanki at the behest of Shelatkar who allegedly owed a huge amount of money to Solanki. DCP Naval Bajaj had interrogated Solanki. Solanki narrated his plight to Bajaj who, after an investigation, confirmed that Solanki was framed. He took the case from the Dongri police and gave it to the MRA Marg police. Bajaj also initiated a probe into Solanki’s allegations. After investigations, the police quashed the case filed against Solanki and registered an FIR against Bhosle as well as 9 others, including two builders. Out of the nine indicted policemen, four have given statements before the magistrate under Section 164 of the CRPC.

Jinnah’s seek fresh amendment to petition
http://timesofindia.indiatimes.com/Mumbai/Jinnahs_seek_fresh_amendment_to_petition/articleshow/4083618.cms
6 Feb 2009, 0235 hrs IST, TNN
MUMBAI: As her legal fight to claim her father’s property will continue in the Bombay high court on Friday, Dina Wadia, the only daughter of Mohammed Ali Jinnah is now seeking a fresh amendment to her two-year-old petition. On Thursday, Wadia moved a fresh application saying that Jinnah’s “will” which the Centre is now relying on is not legally valid. She is seeking a declaration from the high court that the “alleged will dated May 30, 1939 and the codicil dated October 23, 1940 of her father produced for the first time by the external affairs ministry in April 2008 have no legal force.” She claimed that no Indian court had granted probate or a letter of administration for the will and neither have the documents been attested by any witnesses as required under the Indian Succession Act, 1926 and Indian Evidence Act 1872. Even if Muslim law is said to govern Jinnah’s succession, Wadia is now saying that the Centre had at no stage established that the documents were within the testamentary powers of Jinnah or that she being his “sole legal heir consented to it.” She also cited the recent disclosure by MEA to boost her claim for the return of Jinnah House. Wadia said the Centre’s affidavit quoted the Attorney General of India suggesting the return of Jinnah house to Wadia.

Truth has prevailed and we have won: S Chakravary
http://timesofindia.indiatimes.com/Mumbai/Truth_has_prevailed_and_we_have_won_S_Chakravary/articleshow/4083700.cms
6 Feb 2009, 0251 hrs IST, S Ahmed Ali, TNN
MUMBAI: The Bombay High Court’s order setting aside the appointment of A N Roy as state director general of police has been well received by Suprahash Chakravarty, DG, Anti Corruption Bureau. He talks to TOI about his “victory” How did you react to Thursday’s court order? A: I am happy that the truth has finally prevailed. I believe in God, and God is great. It is a landmark judgement that will not only help Maharashtra, but other states as well, in the selection process of our top policemen. Did the order come as a surprise to you? A: I was expecting such an order as the contention of my petition against the appointment of Roy was very clear. The fact that he had engaged so many top lawyers did not deter me. I was fighting for my beliefs, my principles, and my prestige. And as I had nothing to loose, I fought the system. Were you demoralised by the fact that the case was pending in court for so long? A: My family and close friends gave me moral support. I could have easily made a hue and cry of the situation by going to the media. Instead, I crossed my fingers and put my faith in the judiciary system. Are you still trying for the DG’s post? A: This wasn’t just my fight – I fought for all the contenders who were superseded to keep the political gods happy. It will bring in more transparancy to the selection process.

Terror suspect gets HC nod to appear for exams
http://timesofindia.indiatimes.com/Delhi/Terror_suspect_gets_HC_nod_to_appear_for_exams/articleshow/4083389.cms
6 Feb 2009, 0517 hrs IST, TNN
NEW DELHI: In prison for his alleged role in the serial blasts in Delhi, suspected terrorist Saquib Nisar has got his wish to take a shot at earning an MBA degree. The Delhi High Court on Thursday allowed him to appear for his MBA examination, though with a condition that the venue of the examination will be prison. Justice Reva Khetrapal asked the jail authorities and Sikkim Manipal University to make necessary arrangement so that Nisar could appear in the MBA third semester examinations this week. HC however, refused to grant him interim bail, as sought by him in his petition before court. After hearing his plea, HC had sought the opinion of Delhi Police and jail administration. On Thursday, the university authorities informed HC they could arrange for a provisional facility inside Tihar prison in co-ordination with jail administration, after which HC gave the go ahead. Nisar, in judicial custody since September 20, had approached the court as his examinations were scheduled to start on February 7. His lawyer pleaded before HC that the gravity of the allegations should not bar the right of any accused to pursue higher studies, invoking it as a fundamental right to education. The court had earlier issued notice to city police on Saquib’s plea filed on January 30. The police have already filed chargesheet against Saquib Nissar and other accused Mohd Saif, Zeeshan Ahmed, Zia-ur Rehman and Mohd Shakeel in the September 13 serial blasts. All have been accused of murder, attempt to murder and waging war against the nation amongst other offences under the Indian Penal Code, the Unlawful Activities (Prevention) Act and the Explosive Substances Act. According to the police, they were also involved in the serial blasts in Jaipur and Ahmedabad. They had visited Ahmedabad before the July 26 serial blasts under fake names which came to light during the investigation and was later confirmed from railway tickets and reservation charts, the police had alleged in the chargesheet.

SC panel wants buses for Delhi choking with cars
http://timesofindia.indiatimes.com/Delhi/SC_panel_wants_buses_for_Delhi_choking_with_cars/articleshow/4083368.cms
6 Feb 2009, 0532 hrs IST, TNN
NEW DELHI: A Supreme Court panel on environment has suggested tax measures and integration of public transport systems of satellite townships to decongest the NCR and reduce vehicular pollution, even as it noted that cars have taken up most of the public space in the national capital. In a meeting with the administrators and regulators from eight cities on Thursday, the Environment Pollution (Control and Prevention) Authority, set up by the SC, said cars and two-wheelers are responsible for congestion in Delhi and warned that the speed of this increase is “scary”. In contrast to the national trend, cars are increasing at a faster rate than two-wheelers in Delhi. Cars have grown at 10% annually since 1995 as opposed to 7% for two-wheelers. “On the whole, the growth rate in the personal vehicle sector is the highest. This is worsening the air quality, increasing energy use, and the city is actually grinding to a stop due to congestion. Direct exposure of traffic fumes is among the deadliest of the health threats,” the panel noted. As a solution, it said the Delhi government should build and expand expand public transport and integrate all modes of transport to maximise access to public transport systems and its usage. “Integrate Delhi with the surrounding towns with public transport to reduce the pressure of the incoming traffic. Introduce uniform emissions standards across NCR to bring the entire motorised fleet in the region at par.” Key arteries like the Nizamuddin bridge bears the brunt of the incoming traffic from outside. Nearly 80% of the traffic in the morning peak hour is from outside the city. “There is barely any space left for more cars in the city,” the panel noted and said the peak hour traffic has slowed considerably in Delhi. “On an average, it is estimated that to provide a congestion-free drive, traffic speed should be close to 40 kmph. But studies carried out by different agencies in Delhi show that peak hour speed has dwindled quite drastically.” The panel said tax measures must be taken to make buses cheaper and create a separate fund to make up revenue loss. Noting that Delhi and some other cities have made a move in this direction, the panel said simultaneously steps must also be taken on parking fees to make travel by personal vehicle unattractive due to prohibitive parking levies. The panel stressed the need to increase the fleet of buses.

Cars choke city, SC panel for buses
http://timesofindia.indiatimes.com/Delhi/Cars_choke_city_SC_panel_for_buses/articleshow/4083475.cms
6 Feb 2009, 0523 hrs IST, TNN
new delhi : A Supreme Court panel on environment has suggested tax measures and integration of public transport systems of satellite townships to decongest the NCR and reduce vehicular pollution, even as it noted that cars have taken up most of the public space in the Capital. In a meeting with the administrators and regulators from eight cities on Thursday, the Environment Pollution (Control and Prevention) Authority, set up by the SC, said cars and two-wheelers are responsible for congestion in Delhi and warned that the speed of this increase is “scary”. In contrast to the national trend, cars are increasing at a faster rate than two-wheelers in Delhi. Cars have grown at 10% annually since 1995 as opposed to 7% for two-wheelers. “On the whole, the growth rate in the personal vehicle sector is the highest. This is worsening the air quality, increasing energy usage, and the city is actually grinding to a stop due to congestion. Direct exposure to traffic fumes is among the deadliest of the health threats,” the panel noted. As a solution, it said the Delhi government should build and expand public transport and integrate all modes of transport to maximise access to public transport systems and its usage. “Integrate Delhi with the surrounding towns with public transport to reduce the pressure of the incoming traffic. Introduce uniform emission standards across NCR to bring the entire motorised fleet in the region at par,” added the panel. Key arteries like the Nizamuddin bridge bear the brunt of the incoming traffic. Nearly 80% of the traffic in the morning peak hour is from outside the city. “There is barely any space left for more cars in the city,” the panel noted and said the peak hour traffic has slowed considerably in Delhi. “On an average, it is estimated that to provide a congestion-free drive, traffic speed should be close to 40 kmph. But studies carried out by different agencies in Delhi show that peak hour speed has dwindled quite drastically.” The panel said tax measures must be taken to make buses cheaper and create a separate fund to make up for revenue loss. Noting that Delhi and some other cities have made a move in this direction, the panel said that simultaneous steps must also be taken on parking fees to make travel by personal vehicle unattractive due to prohibitive parking levies. The panel stressed the need to increase the fleet of buses.

After bail, Sampangi gets well
http://timesofindia.indiatimes.com/Bangalore/After_bail_Sampangi_gets_well/articleshow/4083654.cms
6 Feb 2009, 0510 hrs IST, TNN
Bangalore : KGF MLA Y Sampangi, who was trapped by the Lok Ayukta last Thursday, while taking a bribe from a businessman to settle a land dispute, was discharged from Nimhans on Thursday afternoon. Last Thursday, Sampangi was remanded to judicial custody after he was produced before the magistrate in the evening. He was shifted to Jayadeva Institute of Cardiology the same evening, after he complained of chest pain. After keeping him under observation for two days, doctors in Jayadeva discharged him. Sampangi complained of headache and was shifted to Nimhans. Sampangi got bail on Tuesday.

Council passes resolution for SC bench
http://timesofindia.indiatimes.com/Hyderabad/Council_passes_resolution_for_SC_bench/articleshow/4084053.cms
6 Feb 2009, 0125 hrs IST, TNN
HYDERABAD: The Andhra Pradesh Legislative Council on Thursday passed an unanimous resolution urging the Union government to establish a Supreme Court bench in Hyderabad. Congress member in the Council B Kamalakar Rao moved a non official resolution which was supported by members from all parties. Moving the motion, Kamalakar said the people in South India have trouble conducting litigation in the apex court in New Delhi as they need to travel all the way to the national capital for the purpose. Law minister R Chenga Reddy, however, said that there was no need for a new resolution as the state assembly had already adopted one. However, council deputy chairman Mohammed Jani said there was nothing wrong in another resolution being passed. After concurrence from the ruling party and the TDP, the resolution was passed unanimously.

HC reserves orders on Kampani plea
http://timesofindia.indiatimes.com/Hyderabad/HC_reserves_orders_on_Kampani_plea/articleshow/4084055.cms
6 Feb 2009, 0126 hrs IST, TNN
HYDERABAD: Justice K C Bhanu of the AP High Court on Thursday reserved his orders on the petitions filed by Nimesh N Kampani, former non executive director of Nagarjuna Finance Ltd (NFL), who sought quashing of the criminal proceedings against him in a lower court and grant him anticipatory bail. The CCS police in Hyderabad had booked a case against promoter directors of NFL and Kampani for committing a fraud on the public to a tune of nearly Rs 100 crore and had arrested several of the accused. The police had also issued a look out notice for Kampani and got the same distributed to several airports all over the world for his arrest. The management of the NFL was also accused of ignoring a judgment given by Company Law Board in this regard which had asked them to clear off all the dues to be paid to the company’s depositors. Appearing on behalf of Kampani, senior counsel Abhishek Singhvi told the court that since his client left NFL on April 28, 1999 and the issue of first default by the management occurred only in July 1999, he cannot be held responsible for the default. Moreover, the counsel said, citing several verdicts of the apex court, the vicarious responsibility for such offences lies squarely on the company, its MD and its promoter directors and not on persons like his client. The Public prosecutor C Nageswara Rao maintained that since Kampani was there in an important position when these deposits were collected, he is also responsible and opposed the idea of providing any relief to Kampani, who is reportedly hiding in Dubai now.

Hold GHMC polls by Aug.: HC
http://timesofindia.indiatimes.com/Hyderabad/Hold_GHMC_polls_by_Aug_HC/articleshow/4083799.cms
6 Feb 2009, 0002 hrs IST, TNN
HYDERABAD: A two-member bench of the AP High Court comprising Justice V Eswaraiah and Justice Vilas V Afzulpurkar on Thursday directed that elections to the Greater Hyderabad Municipal Corporation (GHMC) be held not later than August, 2009. The bench made it clear that no further extension will be granted.
The bench passed the order in a writ petition filed by Lok Satta Party complaining of violation of Fundamental Rights and also provisions of the GHMC Act. The Election Commission had stated in its counter affidavit that meetings would be held with all the political parties before finalising the schedule and after giving the notification. The Commission stated that at least two weeks’ time will be available for political parties for selecting its candidates after notification of the reserved constituencies.

Case against 54 lawyers for damaging public property
http://timesofindia.indiatimes.com/Chennai/Case_against_54_lawyers_for_damaging_public_property/articleshow/4083805.cms
6 Feb 2009, 0419 hrs IST, TNN
CHENNAI: City police on Thursday booked cases against 54 lawyers under nine sections of the Indian Penal Code (IPC), including damaging public property, in connection with the violence at Saidapet on late Wednesday evening when 23 other lawyers arrested earlier in the day were taken to a magistrate’s house there. Police said one sub-inspector and a head constable were injured in the incident. Police had arrested 23 advocates for ransacking several shops in Parrys during the bandh in support of Lankan Tamils. The arrested lawyers were taken to the magistrate’s house in Saidapet, where they and another group of lawyers had a tussle with police personnel. Police said the group of lawyers assaulted sub-inspector Mani and head constable Devarajan of Esplanade police station. Police said the lawyers damaged the windshields of the police vehicle and gheraoed the personnel. The police resorted to lathicharge, injuring two lawyers.

Dikshithars challenge HC order
http://timesofindia.indiatimes.com/Chennai/Dikshithars_challenge_HC_order/articleshow/4083870.cms
6 Feb 2009, 0445 hrs IST, TNN
CHENNAI: The Podhu Dikshidhars of Lord Natarajar Temple in Chidambaram have challenged a single judge order of the Madras High Court upholding the appointment of an executive officer to administer the temple. A writ appeal, against the judgment of justice R Banumathi’s February 2 order, has been filed by the Podhu Dikshidhars, on the ground that the judge had relied on a book which had no authenticity. Describing as erroneous and wholly unsustainable the finding that income from offerings had not been accounted properly by Dikshidhars, they said the judge had erred in stating that the income of the temple would be much more. “Such an observation has arisen out of very many mistaken facts and arguments advanced without any basis,” they said. As for Justice Banumathi’s observations relating to the mismanagement of the temple by Dikshidhars, the appellants said, “whether there are acts of mismanagement (or not)…is a jurisdiction vested only with the Hindu Religious and Charitable Endowment commissioner alone. No principle will permit such a finding to be rendered by the court.” The allegations of the management are pending inquiry before various authorities of the department, they said. Reiterating that they had been recognised as a different religious denomination, they said administration of the temple should not be vested with someone not belonging to the denomination. Referring to a 1957 judgment of the High Court, an SLP against which was withdrawn from the Supreme Court later, the Dikshidhars said the question over their right to administer the temple had been settled, and the issue was not open for debate any more. On Thursday, a delegation of Dikshidhars met former chief minister Jayalalithaa at her residence here, and briefed her about various developments, including the filing of a writ appeal in the Madras High Court.

PAU sexual harassment case: Students’ welfare director submits reply to VC
http://timesofindia.indiatimes.com/Ludhiana/PAU_sexual_harassment_case_Students_welfare_director_submits_reply_to_VC/articleshow/4083132.cms
5 Feb 2009, 2116 hrs IST, Manmeet Singh, TNN
LUDHIANA: Finally the man in the eye of storm with a sexual harassment complaint against him has submitted his reply on Wednesday evening to the chargesheet, served on him by Punjab Agricultural University (PAU), with the vice-chancellor office. Vice-chancellor Manjit Singh Kang confirmed that he had received the reply submitted by Students’ Welfare director Dulcha Singh Brar but refused to divulge any more details claiming that he has still to peruse it. Later, when Brar was contacted in his office, he informed, “I have submitted my reply according to the charges framed.” However, he also refused to elaborate stating the matter was subjudice but hinted that he had not admitted to the charges levelled against him. In view of this development and as informed by the VC earlier, the university would have to constitute a single-person inquiry committee to further probe the facts submitted by complaints committee. Meanwhile, talking about the case for the first time ever since the charges were made, Brar justified the instances when he had not appeared before the standing committee saying, “It was only on January 6 that the university had provided me with the documents concerning the case,” further claiming that he was not in a position to submit a reply without having a look at the papers. “Even now I have not been given the audio compact disc that is said to be the prime evidence,” he alleged. Earlier, the VC had informed that a transcript of the conversation recorded in a CD had been provided to him. Brar also admitted having received the transcript but does not seem satisfied with it. He insisted, “I have not even listened to it. The committee had offered to play it but they had insisted that I should reply to the questions immediately therafter and I was demanding a day’s time.” On the other hand, the high court too while staying the Board of Management’s orders directing Brar’s repatriation to his parent department had asked the parties involved to appear before it on January 20.

Don’t abolish courts following transfers: HC
http://timesofindia.indiatimes.com/Ludhiana/Dont_abolish_courts_following_transfers_HC/articleshow/4083150.cms
5 Feb 2009, 2122 hrs IST, Vaivasvat Venkat, TNN
LUDHIANA: If you are a litigant and have been troubled by frequent movements of your case files from one judicial officer to another following abolition of courts after transfer of judicial officers, there is finally some relief as the high court has issued directions for allocation of a permanent number to the courts in the hierarchy of lower judiciary in the district courts. The decision follows a demand in this regard by District Bar Association in a recent meeting at Punjab and Haryana High Court. “We had put forth the demand before the High Court that the numbers of the courts be fixed so that they are not abolished once a judicial officer is transferred. After abolition of the courts, files of the cases are transferred to different courts and this spells burden on the administrative staff. This also leads to files being misplaced, causing trouble to advocates and litigants. I am thankful to justice Mehtab Singh Gill, who accepted our demand in totality,” said Parupkar Singh Ghuman, president, District Bar Association (DBA). Ghuman said Ludhiana is the first city in the state to have such a system in place. He added that it has been directed, on their demand, that once new judicial officers come or are transferred to the courts here, they would be adjusted as per their seniority decided by high court. Advocates are hailing the decision, saying it would help put an end to their troubles. “On an average, there are over 10,000 cases in a court here and what has been happening in the past is that if the judge is transferred, the court is abolished and the files are sent to other courts. You can understand the kind of pressure that is created in dealing with such a huge number of files and if the same thing is repeated. At times, files relating to cases are lost and it sometimes takes almost a year or more to trace them. Justice is then delayed and thus denied to litigants, who then have to put up with harassment. This is a very good decision and would help enhance work efficiency in the courts here,” said advocate Ajay Sharma. “My case has been transferred almost four times from one court to another following transfer of judicial officers and their promotions. This is a wonderful decision and would be of great help in increasing efficiency of working of courts here,” said litigant Dharam Puri. The decision followed a meeting of DBA president Parupkar Singh Ghuman, advocate AK Jindal, SK Singhal, some other lawyers and justice Mehtab Singh Gill in the High Court on Tuesday.

Muslim law board panel to meet on Feb 7
http://timesofindia.indiatimes.com/Mangalore/Muslim_law_board_panel_to_meet_on_Feb_7/articleshow/4082588.cms
5 Feb 2009, 2224 hrs IST, TNN
MANGALORE: Working committee of All India Muslim Personal Law Board (AIMPLB) will meet at Bhaktal in Uttara Kannada district on February 7 to discuss among other things the probable fall out of Allahabad High Court’s verdict on the Babri Masjid issue. The board will deal with a 11-point agenda as part of its day-long deliberation. It will also examine the case of a PIL before Supreme Court in respect of Islamic Sharia court. Yahya Damudi, member of reception committee, told reporters here on Wednesday that despite Parliament passing a Bill in respect of maintenance allowance for Muslim women, some courts have given judgment contrary to the Bill and Islamic Sharia. The board will consider steps to check wrong interpretation of Sharia and ways and means to see that courts follow Sharia laws as rule in all disputes related to Muslim family matters. More than 100 dignitaries, including Rabey Hassani Nadvi, president of AIMPLB, Nizamuddin, general secretary, Ameer Sharia Board, Bihar and Orissa, Mohammed Saalim Qasimi, principal, Darul Uloom Deoband and others are expected to take part in the meet. The board normally meets either in Delhi or Patna and Karnataka is hosting this important meet for the first time under the aegis of local Muslim community, he said. Damudi said Bhatkal unit of All India Message of Humanity Movement has arranged for a communal harmony meeting at Raees Villa at Shamshuddin Circle on February 6. Nadvi will preside over the meeting. V S Acharya, Vishveshwar Hegde Kageri, ministers, and local elected representatives are scheduled to take part in the meet. Board members will also address a public meeting in Bhatkal on February 7 after their meeting, he said.

EDITORIAL COMMENT Power To Block
http://timesofindia.indiatimes.com/Opinion/EDITORIAL_COMMENT__Power_To_Block/articleshow/4082079.cms
6 Feb 2009, 0000 hrs IST
The Supreme Court’s reversal of earlier judgments, which had seen bandhs called by political parties as interfering with citizens’ rights, comes as a victory for sections of the political class. The apex court refused to restrain a clutch of political outfits protesting the killing of civilians in Sri Lanka’s civil war by attempting to shut Tamil Nadu down. It has ruled that bandhs are kosher as they merely constitute expressions of feeling, to which everyone is entitled in a democracy. Ironically, Chief Justice K G Balakrishnan, who was also part of the Kerala high court bench that passed a landmark judgment against bandhs in 1997, headed the SC bench that has come up with the latest order. The case against bandhs has nothing to do with the worthiness, or otherwise, of the cause in whose name bandhs are being resorted to. No matter what the intensity of feeling political outfits might harbour on certain issues, the political class shouldn’t have the right to bring to a halt activities of ordinary citizens, whether it be someone trying to earn his daily living, appear for an entrance exam or get a sick relative to hospital. Bandhs, as we all know, are anything but voluntary protests for the vast majority of the citizenry. A bandh, or general strike, is distinct from strikes at individual factories or commercial establishments which may be brought on by disputes between labour and management. A general strike is a political move intended to paralyse all activity with an aim to topple the government of the day. Such a revolutionary step may be justified in a dictatorship, where no other means of self-expression is available. Gandhi resorted to general strikes as a means of driving the British out of India, while ensuring that strikes remained peaceful and voluntary. A general strike that overthrows an elected government, however, would amount to a coup against the people. It’s not surprising that bandhs and general strikes called by contemporary political outfits are seldom peaceful. Sometimes, it’s not an opposition grouping but a party in government which organises a general strike, a common happening in Left-ruled Bengal. That amounts to a government passing a no-confidence motion against itself. The Tamil Nadu bandh did not address anything the state or central government did; the state was sought to be shut down to protest government actions in neighbouring Sri Lanka. Given the enormous economic and political damage inflicted by bandhs, can we afford this sort of action at a distance? The Supreme Court should take another hard look at its latest opinion on bandhs.

Right and wrong
http://timesofindia.indiatimes.com/Opinion/Right_and_wrong/articleshow/4077039.cms
5 Feb 2009, 0013 hrs IST, Abhishek Singhvi
Two recent legal enactments the amendments to the Criminal Procedure Code stipulating stringent grounds of arrest and the Limited Liability Partnership (LLP) Act have lawyers up in arms. They have got it right in one case and not quite right in the other. The criminal law amendment requires recording of reasons in writing before a police officer effects arrests. The reasons must show that there is good basis to believe that absence of arrest will lead to the likelihood of commission of further offences, or is necessary for the safety of the accused, or to prevent tampering with evidence, or to prevent threat, inducement or promise to any potential witness, or to ensure the future presence of the accused in court. Otherwise, the police can only issue a notice of appearance. Unless there is breach of the conditions of such a notice by the accused or new facts emerge (necessitating a recording of reasons), the police cannot effect arrest. This applies to offences punishable up to 7 years. Two salutary and bona fide elements clearly discernible in the legislation to ensure safeguards against police excesses and to minimise the needless filling up of our jails by undertrials may well lead to increased arbitrariness and nepotism in the police forces. At a time when lack of fear of authority and an ambience of recklessness is prevalent in Indian society, the amendment sends a wrong message. Importantly, the amendment vests much discretion with the police, to subject one person to a notice of appearance while subjecting another identically situated person to actual or threatened arrest. Those who support the change on the ground that the amendment merely puts in the statute what is already a requirement of arrest and part of police practice ignore the fact that the amendment alters the emphasis significantly, and mandatorily provides that the accused “shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police is of the opinion that he ought to be arrested”. The sad truth is that India has a surplus of legislations but a poor record in enforcement. By contrast, due to a combination of emotional reactions coupled with some jingoistic formulations, the lawyers have clearly got it wrong in their criticism of the LLP Act. The Act seeks to provide for the creation and regulation of LLPs essentially as hybrid entities which retain the partnership model but are closer to corporations in design and function. Based on the Naresh Chandra committee report, the Act seeks to create an institutional vehicle under which different actors can operate. The key innovation is that those who aggregate as an LLP can do business where, in the event of claims, the liability will be limited as in a company (and not unlimited as in partnerships) and yet the venture will retain a partnership flavour. Critics of the Act fail to realise that it is consistent with a growing international trend: the UK and the US, and a host of other countries, have enacted similar legislations. It is not intended to be specific to the legal profession and hence the criticism that it would facilitate the back-door entry of foreign law firms with a right of audience in Indian courts is misplaced. The enactment is merely enabling. No one is compelled to register as an LLP. An amendment can clarify what is implicit in the Act i.e. aggregations cannot be multi-activity or multi-sectoral. The Act is in addition to, and does not undermine, existing legislation. It does not seek to repeal the Advocates Act or affect the disciplinary jurisdiction of the Bar Council principal apprehensions in some sections of the legal community. It surely needs to be ironed out but to reject it wholesale would be worse than throwing the baby out with the bathwater.

HC sets aside EC order on PRP’s poll symbol
http://www.hindu.com/thehindu/holnus/004200902061641.htm
Hyderabad (PTI): Setting aside the Election Commission’s order rejecting a plea of actor Chiranjeevi’s party for a uniform election symbol, the Andhra Pradesh High Court on Friday directed the poll panel to consider the matter afresh and cited the case of TRS.
The court directed that the exercise be completed within three weeks and observed that the principles which were adopted while granting a common election symbol to Telangana Rashtra Samithi (TRS) “may have to be kept in mind” while taking a decision on the plea of Chiranjeevi’s Praja Rajyam Party (PRP) for a common poll symbol. The petition was filed by Praja Rajyam’s General Secretary and Chiranjeevi’s brother-in-law Allu Aravind.
The Election Commission had reportedly told PRP recently that only recognised political parties are eligible for a permanent election symbol while “registered” parties will have to choose from the ‘free symbols’ available.
Telugu actor Chiranjeevi had floated PRP amid much fanfare in August last year.

HC dismiss plea against Chouhan’s victory
http://www.hindu.com/thehindu/holnus/004200902061454.htm
Jabalpur(PTI): Madhya Pradesh High Court has dismissed an election petition, challenging Chief Minister Shivraj Singh Chouhan’s ‘win’ from Budhni constituency in the 2006 by-poll, after the petitioner did not turn up to record his evidence.
The Congress leader Raj Kumar Patel, who was defeated by Chouhan in the by-election, had alleged, that he had indulged in corrupt practises to win the by-poll.
While dismissing the election petition, Justice R C Mishra, yesterday observed that no more adjournment could be given as it seems Patel was not bothered in further hearing of his petition.
Patel had moved an application seeking adjournment on the hearing citing he was unable to appear in the court due to health problem.
To this, the CM’s counsels senior advocate Ravish Agrawal and Arpan Pawar, objected saying that Patel was not entitled to seek futher adjournments as he had alreay been granted such adjournments four times in the past. Justice Mishra rejected the adjournment application and dissmissed the election petition of Patel.

HC dismisses petitions over delimitation
http://www.orissatimes.net/2009/02/hc-dismisses-petitions-over.html
Friday, February 6, 2009
The Orissa High Court dismissed the six writ petitions challenging the delimitation and reservation of various words within Cuttack Municipal Corporation limits on Friday.The petition were filed by Dayanidhi Lenka and five others. The bench comprising Justices IM Quddusi and Kumari Sanju Panda also went on to impose a fine of Rs 10,000 on each and directed them to deposit the amount with the Orissa State Legal Services Authority, according to media reports.
Considering the reports submitted by the Collector of Cuttack and the Secretary of State Election Commission ruling out anomalies in the delimitation exercise, the court delivered judgement.
posted by P. Neelakantha Achary @ 10:14 AM

Notice to Centre, Rajasthan govt. on Jaipur blasts
http://www.hindu.com/thehindu/holnus/001200902062141.htm
Jaipur (PTI): The Rajasthan High Court on Friday issued show cause notices to the Centre and state government for allegedly not taking any action on the information available in relation to the May 13 serial bomb blasts here last year.
A division bench, comprising Justices R C Gandhi and M N Bhandari, served the notices on the state and the central authorities seeking explanation on the same.
The show cause notices were issued on a PIL filed by an NGO — Rasthriya Samta Manch — which had filed an FIR on May 2008, disclosing the terrorists’ intentions of executing serial bomb blasts in the capital.
It was mentioned in the PIL that the NGO had got a CD in May 2008, containing a scanned letter of some terrorist outfits stating that they wanted certain terrorists to be released as also demanded Rs 50 crore ransom for keeping peace or else to face the consequences.
Later on May 12, two men and two women claiming themselves to be associates of a terrorist outfit moved in the office of the NGO and asked to return the CD.
“The NGO filed the FIR in this relation on May 12, but the police did not acted promptly on the information of the NGO and this resulted in the May 13 bomb blasts,” alleged counsel for the NGO Munish Gupta.
The show cause notices have been issued to central and state government’s Home Secretary, among others.

Give no sympathy for adulterators, says Supreme Court
http://www.hindu.com/thehindu/holnus/001200902062040.htm
New Delhi (PTI): Adulterators are a threat to national security and no misplaced sympathy should be shown to them as they endanger lives of numerous people, the Supreme Court has said.
“No chance can be taken by society with a man whose anti-social operations disguised as a respectable trade, imperil numerous innocents. He is a security risk. The kindly application of the probation principles is negatived by the imperatives of social defence and the improbabilities of moral proselytisation.
“Secondly, these economic offences committed by white collar criminals are unlikely to be dissuaded by the gentle probationary process,” a three judge bench of Justices Arijit Pasayat, P Sathasivam and Aftab Alam observed in a judgement.
The bench passed the observations while dismissing an appeal filed by officials of Assam-based Precious Oil Corporation who were convicted and sentenced under the Essential Commodities Act for indulging in adulteration and selling of unlicensed re-refined lubricating oil.
They were convicted and sentenced to one month simple imprisonment and fined Rs 3,000 each by a sessions court. The Guwahati High Court confirmed the sentence, upon which the accused appealed in the apex court.

Supreme Court dismisses plea to cancel Satyam stocks transactions
http://www.hindu.com/thehindu/holnus/001200902061940.htm
New Delhi (PTI): The Supreme Court on Friday dismissed a petition seeking a direction to market regulator SEBI and the Bombay Stock Exchange to cancel transactions in shares of scam-tainted Satyam Computer and Chennai-based entertainment firm Pyramid Saimira.
A Chief Justice K G Balakrishnan-headed bench dismissed as withdrawn a Public Interest Litigation filed by Mohan Lal Sharma, a practising advocate, seeking cancellation of all transactions on January 6 and 7 on the ground that innocent investors were lured by these companies on buyback announcements and thus, a fraud was committed on them.
“SEBI is already investigating the matter. You can also make a complaint to the statutory authority,” the bench observed.
According to Sharma, before the decision was taken by the board, IL&FS had sold about 246.6 lakh shares in the market at Rs 176 per share. However, the Satyam shares crashed to close at Rs 30 after Satyam Chairman Ramalinga Raju resigned from the board and confessed to Rs 7,800-crore fraud, he added.
The petition further added that Pyramid Saimira, which was in the news recently for serious fraud allegations, wherein the company was sent a forged letter of SEBI asking its co-promoter P S Saminathan to make an open offer to minority shareholders to buy 20 per cent at Rs 250 a share.
Various investors, including Sharma, had bought the shares following the receipt of the letter by the company. However, within one hour of disclosure, the shares went down to freeze at Rs 61.15 per share, he said, adding SEBI, NSE and BSE had failed to take any action to get purchased shares cancelled.

Separate jail for terrorists can be considered: Supreme Court
http://www.hindu.com/2009/02/06/stories/2009020654891200.htm
Legal Correspondent
New Delhi: The Supreme Court on Thursday suggested the setting up of a separate jail for terrorists, militants and those involved in federal crimes.
It could be located in Maharashtra or Delhi, said Chief Justice K. G. Balakrishnan, heading a Bench, the hearing of a petition filed by Manzoor Ali Khan on prison reforms.
The petitioner said dreaded terrorists and secessionists were being allowed to escape by jail staff in connivance with criminals.
The escape of terrorists, at the instance of politicians and bureaucrats, not only affected the rule of law but also caused grave concern over the security, sovereignty and integrity of the country. People would lose faith in the rule of law if terrorists were allowed to escape from jails, he said.
Counsel D.K. Garg, appearing for the petitioner, suggested that hardcore criminals be segregated so that jailbreaks would not occur. Citing the recent Mumbai terror attack, he said prisons should be guarded by central forces. The Chief Justice told counsel that States might not agree to this proposal. However, he said, “a separate jail can be considered for terrorists, militants or those involved in federal crimes as they are not in large numbers and such a jail can be in Maharashtra or Delhi with additional security.”
Overcrowding
On problems in prisons, the Chief Justice said the prisons in the States were overcrowded. Unless their capacity was increased or new jails were constructed, the problem could not be solved. To improve conditions, jail committees were necessary but in most of the States these were either not in existence or did not function.
Mothers
The Chief Justice said wherever children were staying with their mother in prison educational facilities must be provided, and prisoners completing their term would have to be released after proper review by the committees concerned.
The Bench, which included Justice P. Sathasivam, asked the petitioner to give his suggestions on various aspects of jail reform in two weeks and adjourned the hearing till then.

Theft case against child dropped
http://www.hindu.com/2009/02/06/stories/2009020660231000.htm
Etawah: The theft case with the Jaswantnagar police against a 6-year-old girl, who was beaten up by the police, has been dropped and a case under Cr.PC 182 for registering a fake complaint has been lodged against Anju Katheria.
Katheria had alleged that the girl stole Rs. 280 from her wallet at a market in Jaswantpur area. TV footage showed the child being lifted by the hair by policemen and thrashed, while some others stood by. Following national outrage, senior sub-inspector Shyamlal Yadav was sacked and SHO Chandrabhan Singh suspended. In all, six policemen were booked under various sections of the IPC and the SC/S (Prevention of Atrocities) Act. The girl’s family has been provided security. — PTI

Acting CJ to inaugurate additional subordinate judge court in Tirupur
http://www.hindu.com/2009/02/06/stories/2009020658700300.htm
Staff Reporter
Tirupur: The long-pending demand of the legal fraternity to have an additional subordinate judge court in Tirupur to ease the load on the existing single subordinate judge court and expedite clearance of backlog cases is all set to get materialised on February 8.
M. Sathianarayanan, secretary, Tirupur Bar Association, told reporters that the acting Chief Justice of Madras High Court, Justice S.J. Mukhopadhaya, would inaugurate the court in the presence of high court judges Justice M. Sathyanarayanan and Justice M. Jaichandren.
Backlog cases
He said that the appointment of an additional subordinate judge would be beneficial to clear the backlog of cases totalling about 10,000.
The pending cases are pertaining to matrimonial disputes, title suits, money claims in the range of Rs. one lakh and Rs. five lakh, insolvency proceedings and land acquisition original petitions, he added.
He said that for the time being, the additional subordinate would function from a temporary location identified on the existing court complex until a new building was constructed on an adjacent plot.

Lawyers intensify protest seeking ceasefire
http://www.hindu.com/2009/02/06/stories/2009020656760300.htm
Madurai Bureau
Advocates attempt to block train at Tuticorin
TIRUNELVELI: A group of advocates burnt the Sri Lankan national flag here on Thursday in protest against the ongoing attack on Tamils of the island nation by the Sri Lankan armed forces.
Raising slogans against the Sri Lankan Government, the advocates burned the national flag of that country.
Some of them also raised slogans against the Central Government for extending military assistance to Sri Lanka.
After the police doused the flames, the advocates, who came to know that a group of Congress cadres was observing fast at Jawahar Grounds in Palayamkottai for the cause of Sri Lankan Tamils, raised slogans against the Congress.
“At a time when the Congress Government at the Centre, which is assisting the Sri Lankan Government in wiping out the Tamils, the party has no moral right to observe fast for the Tamils,” they shouted and said the organiser of the fast, who was projecting himself as an advocate had not received the degree in Bachelor of Law, should be arrested. Since the lawyers geared up to move towards Jawahar Grounds where the Congress functionaries, led by Tirunelveli district president of traders’ wing of the party N.K.V. Sivakumar, were observing fast, additional police personnel were deployed at the protest venue to protect the agitators. However, they took a bus to reach the Office of Commissioner of Police where they submitted a petition, seeking action against the “fake advocate”.
Tuticorin
As many as twenty three members of Bar Association, five members of Viduthalai Chiruthaigal Katchi and four from the Communist Party of India were arrested here on Thursday when they tried to block trains at Melur railway station here to protest against the killings of Tamils in Sri Lanka.
Despite agitations by various sections of people across the State, the Lankan Government has not stopped its offensive against the Tamils, said T. M. Prabu, President, Tuticorin Bar Association, who led the agitation.
The Central and State Governments must make efforts to convince Lanka to declare ceasefire immediately to save innocent Tamils. However, due to the protest, rail traffic was not affected.

Utilise legal services, rural workers told
http://www.hindu.com/2009/02/06/stories/2009020652420300.htm
Special Correspondent
Awareness programmes planned in villages
ONGOLE: District Judge B. Sivasankara Rao has appealed to rural workers to utilise the services of the legal services authority at mandal and district levels to protect their rights and avail the benefits under the National Rural Employment Guarantee Scheme (NREGS), 2005.
Speaking to newspersons here on Thursday, Mr. Sivasankara Rao said that National Legal Services Authority directed the legal services authorities at the district and mandal levels to conduct legal awareness programmes in villages to educate people on their rights and resolve any disputes arising between workers and officials. The mandal level authorities are working at Addanki, Chirala, Kandukur, Markapur, Parchur and Giddalur while the district authority is located in the district court complex at Ongole.
The legal services authorities propose to conduct Lok Adalats to solve disputes relating to registration of workers, allocation of work, custody of job cards, wages, unemployment allowance, work site facilities, measurement of work, bank and post office accounts and muster roles.
The rural workers need to file any complaints regarding implementation of works and payment of wages in the prescribed form to legal service authorities at district and mandal levels.
The prescribed forms are available free of cost at the centres concerned.
Lok Adalats
Lok Adalats would be conducted in the blocks or gram panchayats to hear disputes and resolve them by mediation or conciliation. The adalats would be held either in the morning or in the evening depending on the number of disputes pending in the particular area.

Ombudsman seeks High Court’s orders
http://www.hindu.com/2009/02/06/stories/2009020650920300.htm
Staff Reporter
KOCHI: The Ombudsman for Devaswoms, R. Bhaskaran, has submitted a report to the Kerala High Court seeking orders regarding the construction of an ornamental gate by the Thrissur Corporation at Thekkinkadu maidan.
It was on a petition filed by Sreedharan Therambil that the Ombudsman submitted the report.
The Ombudsman stated that the question before him was whether the action of the corporation was in violation of the order of the High Court which said that the Cochin Devaswom Board should ensure that no persons erected any permanent or semi-permanent structure in Thekkinkadu maidan.
The Ombudsman had also stated that “whether the gate itself is in the land leased to the corporation can be decided only if proper measurement is made. But whether such constructions were also intended by the order of the High Court, only the High Court can take a decision.”

Lawyers’ body challenges constitution of Armed Forces Tribunal
http://www.indopia.in/India-usa-uk-news/latest-news/495458/National/1/20/1
Published: February 5,2009

New Delhi, Feb 5 The Delhi High Court today issued notice to the Central government on a petition filed by High Court Bar Association challenging the constitution of the Armed Forces Tribunal (AFT) under the AFT Act.
A Division Bench headed by Justice Madan B Lokur sought the government&aposs response by March 20 on the lawyers&aposplea that the Tribunal would take away the statutory power to hear the first appeal of cases pertaining to armed personnel.
Recently, the government constituted the Tribunal and a retired judge of Supreme Court has been appointed as the Chairperson of the Tribunal.
The cases pertaining to services of armed forces, court martials would be decided by the Tribunal. To challenge the Tribunal order one need not approach the High Court. He or she can directly go to the apex court against the Tribunal&aposs order.
Filing the petition, the Bar members argued that constitution of such Tribunal was violation of Supreme Court ruling saying that the High Court is the first court of appeal and any aggrieved party can not by-pass the High Court and approach the Supreme Court.
The Court now fixed March 20 as the date for further hearing of the matter.
Source: PTI

SC seeks report on child labour from NHRC
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=HomePage&id=462d0b70-98f4-46eb-b8ea-6e13a1d30b08&MatchID1=4922&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4922&Headline=SC+seeks+report+on+child+labour+from+NHRC

Press Trust Of India
New Delhi, February 07, 2009
First Published: 09:25 IST(7/2/2009)
Last Updated: 09:27 IST(7/2/2009)
The Supreme Court on Friday sought a comprehensive report from the NHRC on steps taken by the state governments to eradicate bonded and child labour.
A bench comprising Chief Justice KG Balakrishnan and Justice P Sathasivam asked NHRC to assist in the matter after it was informed that the rights body in 2004 was asked to monitor the development in this regard.
Senior advocate A K Ganguly, who is assisting the court as an amicus curiae (friend of court) in the matter, said the PIL on the issue was disposed of on May 5, 2005 with a direction that the NHRC would monitor steps taken by the state government.
He informed the court about the history of litigation on the matter and said earlier the Labour Ministry had identified 14 states as vulnerable to the problem and the figure has now increased to 16.
The Bench initially was of the opinion that the issue could be brought before the concerned High Courts if effective measures were not undertaken by the state government.
However, when Ganguly said he could not do much in this regard as he was only assisting the apex court on the issue, the Bench asked the NHRC to file a comprehensive report.

Tibetan girl freed, to move NHRC
http://www.telegraphindia.com/1090206/jsp/jharkhand/story_10493371.jsp
SHASHANK SHEKHAR
Bokaro, Feb. 5: Bokaro police tried to salvage its tarnished reputation by ensuring that Penba Lahmo was released from Chas jail today, but the tearful 26-year-old Tibetan student wrongly arrested and imprisoned in a mobile theft case, said she was thinking of complaining to the National Human Rights Commission.
Lahmo broke down on the shoulders of her mother, Dolam Tso, soon after coming out of the jail in the afternoon. Later, speaking through an interpreter, she alleged she was severely ill-treated by women prisoners at New Delhi’s Tihar jail where she was kept for four days after her January 28 arrest. “I was beaten up by prisoners who made filthy gestures. They said I was a ‘veteran’ criminal with innocent looks,” she said. “At one point of time, I even thought of committing suicide.”
The Bokaro police, investigating the theft of over 200 cellphones from Sector IV last year in February, arrested her in New Delhi on January 28 after she was tracked using one of those phones.
But even though she willingly met the police and claimed she had bought the phone from a reputed shop in Kathmandu, the men in uniform refused to believe her.
Soon after the arrest of Lahmo, who had enrolled herself at the Institute of Higher Tibetan Studies in New Delhi, a wave of protest messages from various Tibetan organisations reached the police protesting against her detention.
Yesterday, deputy inspector-general (coal belt) Anurag Gupta admitted his men had erred in arresting Lahmo without proper verification and suspended the investigating officer and ordered a departmental inquiry against two others.
Gupta also promised to have Lahmo released from Chas jail as soon as possible.
He kept his promise today. The Bokaro police submitted its final report to the chief judicial magistrate of Bokaro, Shiv Pujan Tewary, today saying they did not have any evidence against Lahmo. The judge released her on the basis of that report.

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One Response

  1. sir,
    good evening ,actually i am from orissa now i am doing the govt job on police dept.but i want to continue my graduation on the sikkim manipal university for the distance course. i just want to know about this certificate is vallid for the subinspector exam for orissa.plz give me the reply i am waiting ………arati sethi

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