LEGAL NEWS 12.03.2009

HC refuses to hear Raju plea
11 Mar 2009, 0548 hrs IST, TNN
HYDERABAD: Justice K C Bhanu of the A P High Court on Tuesday declined to hear a house motion moved by B Ramalinga Raju and four others, challenging the decision of the designated court which granted CBI seven-day custody of the accused in the Satyam scam
. Their main contention was that there should be no police custody after the first 15 days of the judicial remand. The accused will have to now file a petition or move a lunch motion on Thursday during the normal working hours of the court.

SC drops HC clean chit to husband
Rakesh Bhatnagar
Tuesday, March 10, 2009 21:29 IST
New Delhi: The Supreme Court has revived criminal proceedings against an Indian Muslim software professional settled in the US, for demanding dowry from his Indian wife, assaulting her, and subjecting her to cruelty by justifying his “relationship” with an American woman.
Saimra Khanum married Mohammad Asfar Towheed at Patna in 1999. But her turbulent marriage was all over by 2003 when Saimra returned home. A year later, Towheed secured a decree in the US to divorce her.
Khanum filed a criminal complaint before the Patna magistrate seeking action against her husband and in-laws for cruelty, demanding dowry and cheating her. She charged her husband and in-laws of assaulting her when their demands were not met. Besides, Towheed harassed her when she protested against his “illicit relationship” with an American girl. He told her to shut up, as “it was a status symbol to have a girl friend (in America)”. He also “demoralised” her by saying she “belongs to an orthodox and backward family”.
The Patna court had summoned the Towheeds but the high court quashed the summons against Towheed and his Patna-based parents. However, the Supreme Court scrapped the HC order.
A bench of justices Arijit Pasayat and Asok Kumar Ganguly allowed Khanum’s appeal against the HC order, which they said had been passed in a casual manner. The HC quashed the charges and the summons, giving a clean chit to Towheed, without a proper trial.
Khanum’s lawyer stressed that the HC exceeded its power in rushing relief to the husband, who had not established before the trial court that the charges made against him by his wife were false.
“We find substance in the plea of Khanum’s counsel that HC has not indicated any basis or reason for exercising jurisdiction under Section 482. The application was disposed of in a casual manner. Therefore, the order of HC is clearly indefensible and is, accordingly, set aside,” the apex court said.

Gujarat HC takes plea to cancel Minister’s bail
The Gujarat High Court postponed till March 12, hearing of an application seeking cancellation of anticipatory bail granted to Women and Child Welfare Minister Maya Kodnani and VHP leader Jaydeep Patel for their alleged involvement in the post-Godhra riots of 2002 in the city.Justice D H Vaghela postponed the hearing, after prosecution counsel J M Panchal argued that the Supreme Court-appointed Special Investigation Team (SIT) wanted to interrogate both as at least 8 witnesses had stated in their statements about the presence of Kodnani during the riots in Naroda Patia area of Ahmedabad.‘Prima facie, there is a case against Kodnani and Patel’, the counsel said.The SIT, re-investigating nine major cases during the riots, sought cancellation of bail after declaring them absconders as they did not respond to repeated summons for interrogation and they could influence witnesses for being influential. A local sessions court had last week granted them anticipatory bail as they approached it fearing arrest. They were wanted for allegedly leading and instigating rioting mob in Naroda Patia and Naroda Gam in Ahmedabad during the riots.The SIT, headed by former CBI Director R K Raghavan, is re-investigating nine major riots cases including the Godhra carnage after burning of a coach of Sabamati Express at Godhra station on February 27, 2002.UNI

Madras HC CJ recommends transfer of Mukhopadhaya to save HC decorum
Newly appointed Madras High Court Chief Justice H L Gokhale recommended to the Supreme Court that former acting Chief Justice S J Mukhopadhaya, who came under attack by the Srikrishna Commission, who probed the police- lawyers clash on February 19, be transferred to some other High court with promotion.Chief Justice recommended that the apex court transfer Justice Mukhopadhaya to any other court in the country with elevation ‘to save the decorum of the High Court and the judge’ in the wake of Srikrishna Commission passing adverse remarks against the former acting Chief Justice.High Court Registrar General R Mala sent the letter to the Supreme court on behalf of the Chief Justice, highly placed sources told UNI.Justice Srikrishna, in his interim report, accused the lawyers of behaving like hooligans, while indicting the police for their excesses.The retired judge also said the soft attitude of the former acting Chief Justice had resulted in the clash and virtually blamed him for his inaction.After the Commission’s interim report, Justice Mukhopadhaya fell sick with high Blood Pressure and viral fever and was admitted to a hospital, the Chief Justice said, while recommending his elevation. ‘This is to save the decorum of the Madras High Court and the former acting Chief Justice’, he said.UNI

Gauhati HC seeks report on shooting incident of a student
The Gauhati High Court, issued a notice to the Manipur government in connection with police firing on a post graduate student last year.The Imphal bench of Justice Asok Potsangbam issued the notice, which is returnable within six weeks, following a petition filed by Thokchom Ranjit Singh (24). Advocate Meihoubam Rakesh appearing for the petitioner said his client T R Singh, a student of M. Sc. (Chemistry) second semester of the Manipur University, on 14 May, 2008, had gone for some work when he was stopped by Manipur Police Commando and was shot at on his right thigh without any provocation. The injured was evacuated to Jawaharlal Nehru Hospital, Porompat, for treatment. No financial assistance was given and he was still under going treatment, the advocate said. His client even could not appear his M.Sc. 2nd semester examination.UNI

Mangalore: HC Stays Order on LPG Kits in Autos

Daijiworld Media Network – Mangalore (SP)
Mangalore, Mar 10: The state High Court on Monday March 9, stayed operation of a government order making it compulsory to fix LPG kits to all the autorickshaws plying in the city.
The government order had made it mandatory for all the autorickshaws operating in the city, registered on or after April 1, 2006, to be fitted with the LPG kit before March 31 this year. The government had issued notification in this connection on October 17, 2008.
Dakshina Kannada Autorickshaw Drivers Association had filed a petition against the said order, in the state High Court. It cited reasons like insufficient number of LPG stations in the city time given is too short etc in the petition.
The HC bench led by Justice Ravi Malimutt, which took up the hearing of the petition on Monday, stayed operation of the government order with immediate affect.

Tamil Nadu lawyers would continue their struggle
Wednesday, 11 March, 2009
The Madras High Court Advocates Association on Monday prayed the High Court to initiate criminal contempt proceedings in a summary manner against the Tamil Nadu Chief Secretary, the Home Secretary, and senior police officers in connection with the incidents in the High Court premises on February 19. R.C. Paul Kanagaraj, president of the association, which had been impleaded as a respondent in a suo motu writ petition, said the State government and the police had committed gross contempt by assaulting Judges of the High Court, subordinate judiciary, court staff and advocates, destroying court property and obstructing justice by referring to the CBI a case for investigation contrary to the High Court’s order dated February 19. The police were also guilty of committing various cognisable offences within the court premises. Mr. Kanagaraj said if the assault on advocates by the police was allowed to go unpunished, it was impossible for the legal community to fulfil constitutional obligations. The Constitution guaranteed to every person who was detained by police, the right to consult and to be defended by a legal practitioner.Since the State government failed to take any action against the erring officials, the Supreme Court at the preliminary stage ordered the transfer of some officials, including the then Joint Commissioner of Police (North). The State government had not taken any other action though several cognisable offences had been committed by the police and even the High Court had recorded them in its order. The association prayed for issuing interim orders for placing under suspension 15 police officers, including the Chennai Police Commissioner.The First Bench comprising the Chief Justice H.L. Gokhale and Justice F.M. Ibrahim Kalifulla on Monday said a plea for initiating suo motu contempt proceedings based on the report of Justice Srikrishna, which probed the February 19 incidents, could be placed before a regular Bench comprising Justices S.J. Mukhopadhaya, V. Dhanapalan and K.Chandru. When advocates’ counsel made a mention that it was a serious matter, the First Bench asked him to file appropriate proceedings. “We are equally concerned,” it said. Both the matters would come up before the regular Bench on March 11.Meanwhile, the MHAA in a press release said Justice Srikrishna had offered no reason for not recommending any action against the police, who even according to the committee “went berserk using excessive force, raining lathi blows, targeting heads of judges, staff, lawyers and litigants and wantonly breaking court property.” The association said Tamil Nadu lawyers would continue their struggle “to restore rule of law and to oppose police raj in the State.”

Madras High Court chief justice worried over lawyers’ stir
March 11, 2009 by: Sindh Today
Chennai, March 11 (IANS) Chief Justice of the Madras High Court H.L. Gokhale Wednesday expressed concern over the difficult situation arising out of lawyers agitating nationwide while a section of advocates here returned to work after a long break.
“Lawyers are creating difficulties by agitating on various issues solvable amicably through peaceful dialogue. This is happening not only in Tamil Nadu but also on a nationwide basis and is a cause for concern,” Gokhale said.
Gokhale was addressing subordinate judicial officers on the sidelines of a training session within the precincts of the high court.
“The misunderstandings within the legal fraternity must end quickly. Further, the need of the hour is continuing with complete honesty and high moral standards amongst all officials of the court, which include judges and lawyers alike,” Gokhale added.
Work in the courts, however, remained paralysed as most of the lawyers stayed off work against the backdrop of the city police prosecuting over 100 lawyers for burning copies of the interim report on the law and order situation that prevailed in the court premises for three days since Feb 19.
An interim report was submitted to the Supreme Court by retired apex court judge B.N. Srikrishna last week after a probe. He had faulted the behaviour of lawyers and police personnel alike.
“Our strike will continue till police officials who assaulted our brethren illegally and brutally are brought to book. Further, those 30 odd advocates belonging to the ruling party will be removed from all posts in lawyers’ independent bodies,” Madras High Court Advocates’ Association president Paul Kanagaraj told reporters.
Meanwhile, over 30 lawyers owing allegiance to the ruling DMK and those representing various wings of the government returned to work.
“We have understood the gravity of the situation and litigants’ travails and therefore decided to return to work from today (Wednesday). The rest of our brethren should hopefully give up their confrontationist attitude and emulate us,” R.S. Bharati, who heads the DMK lawyers’ wing, told reporters upon returning to work following a ruling party decision.
Two separate benches of the Madras High Court are scheduled to hear cases pertaining to the lawyers’ strike following police action against them and the pelting of Janata Party president Subramanian Swamy with eggs last month.
During police baton charges Feb 19, several lawyers and a judge were injured.
Last week, advocates in Tamil Nadu and the neighbouring union territory of Puducherry rejected Justice Srikrishna’s probe report.
Protests by lawyers have been underway for almost two months now expressing solidarity with the suffering ethnic minority Tamils of Sri Lanka at the hands of the island nation’s army.

Sweet PIL for Gujarat’s naturopathy doctors
Express News Service Posted: Mar 11, 2009 at 0253 hrs IST
Ahmedabad: They should be allowed to practise without registration, says public interest petition
A Vadodara-based naturopathy practitioner has filed a Public Interest Litigation (PIL) in the Gujarat High Court to allow naturopathy doctors in the state to practise without getting themselves registered with an authority. The PIL has also asked the court to ensure that people practising naturopathy are allowed to add the prefix ‘Dr’ to their name without violating any law. Besides, the state authorities should not harass them over the issue, Dr Prakash Chavda, the national president of Doctor of Naturopathy Society of India, said in his PIL.
He said the petition is the result of a show cause notice served by the Health Department to a Vadodara-based naturopathy practitioner, Bhagwat Singh Parmar.
The Block Health Officer of Pavi Jetpur, Vadodara had served a notice on Parmar dated February 26, asking why the department should not initiate legal steps against him as he is not registered with the Gujarat Medical Council (GMC). Besides, he also does not have the degree conferred by the GMC, necessary for carrying on private medical practice, the notice said.
Chavda said that under the provisions of the Gujarat Medical Practitioner Act 1963, doctors practicing naturopathy, hydrotherapy, and physiotherapy have been exempted from getting permission from the authority.
Chavda has made the Gujarat Board of Ayurvedic and Unani System of Medicines, and the Government of Gujarat as respondent parties in the petition.
In support of his petition, he has also annexed 11 documents, which include Government resolutions and a judgement by the Chief Judicial Magistrate of Ahmedabad Rural district.
The petition says:“No incident of death or physical damage has been reported during the treatment of naturopathy as is the case with some other medical treatments. It is a very simple remedy and there is no ban on it in India. Still, the two respondents in the matter have been illegally and unconstitutionally violating the fundamental rights of a person to get voluntary guidance from another person of his choice to cure his ailment.”
Chavda told Newsline:“Attempts are on to disturb the practitioners of Naturopathy, Yoga, Electro Therapy and Herbal Medicine. Following the Hepatitis B outbreak in Modasa, the state government has been harassing Naturopathy practitioners on some pretext or the other.
He added:“If we practice allopathic treatment, then the government can take steps against us. But, when somebody is not doing it, he should not be harassed.”
The petition has also demanded that the government should not initiate criminal steps against naturopathy practitioners unless there is a complaint by the patient.

Plea for judicial panel on Dangs case dismissed
11 Mar 2009, 0030 hrs IST, TNN
Ahmedabad : Gujarat high court has dismissed a public interest litigation (PIL) filed by a rights organisation Centre for Justice and Peace (CJP). The PIL demanded constitution of a judicial commission to probe allegation against an IAS officer of threatening minorities in Dangs to convert to Adivasi faith. CJP had also requested the high court to lodge an FIR against erring officers for falsely implicating people in various criminal cases. The petitioner also sought compensation of villagers who suffered alleged government atrocities. The division Bench headed by Chief Justice KS Radhakrishnan, however, didn’t issue any direction in this regard. It asked petitioners to approach the district collector and superintendent of police and make representations. As per case details, CJP as well as a couple of residents of Nandanpeda village in Dangs complained last year that in-charge secretary of the district had in September 2008 asked villagers to convert to Adivasi religion. The NGO as well as villagers maintained that the villagers continued to be harassed by police as well as revenue officials. The petitioners have alleged that the authorities tried to evacuate them from their cultivable land and built a false case of illegal slaughtering of cattle. On the other hand, advocate general Kamal Trivedi rubbished these charges and submitted a report along with a state government’s affidavit in this regard. The state government told the court that local tribals of Nandanpeda had made a representation in June last year before collector and DSP that minorities were encroaching upon their private land. The DSP had looked into the case and submitted a report to the collector highlighting illegal occupation of forest land in certain cases. The affidavit explained how confrontation between police and local minorities took place after interception of a truck carrying cattle. Moreover, it said that police have been investigating the allegations of pressurising non-tribals to convert by a higher official. Hearing both the parties, the judges dismissed the PIL asking CJP to make representations regarding investigation and compensation before district authorities. The division Bench dismissed the PIL on grounds that a civil suit has been pending in the high court with regards to allegations on the issue of conversion.

Madoff pleads guilty to fraud, sent to jail
12 Mar 2009, 2124 hrs IST, AGENCIES
NEW YORK: Bernard Madoff pleaded guilty on Thursday to an epic fraud that robbed investors worldwide of billions of dollars, avoiding eye contact with swindled investors before he was led out of court with his hands cuffed behind his back. US district judge Denny Chin denied bail for Madoff, 70, and ordered him to jail, noting that he had the means to flee and an incentive to do so because of his age. Madoff spoke steadily in court as he addressed the judge before his guilty plea was accepted. “I am actually grateful for this opportunity to publicly comment about my crimes, for which I am deeply sorry and ashamed,” he said. “As the years went by, I realized my risk, and this day would inevitably come. I cannot adequately express how sorry I am for my crimes.” Madoff did not look at any of the three investors who spoke at the hearing, even when one of them turned in his direction and tried to address him. After arguments began as to whether Madoff should remain free on bail, his lawyer Ira Sorkin described the bail conditions and how Madoff had, “at his wife’s own expense,” paid for private security at his $7 million penthouse. Loud laughter erupted among some of the more than 100 spectators crammed into the large courtroom on the 24th floor of the federal courthouse in lower Manhattan. The judge warned the spectators to remain silent. The fraud turned a revered money man into an overnight global disgrace whose name became synonymous with the current economic meltdown. Madoff described his crimes after he entered a guilty plea to all 11 counts he was charged with, including fraud, perjury, theft from an employee benefit plan, and two counts of international money laundering. Prosecutors say the disgraced financier, who has spent three months under house arrest in his $7 million in Manhattan penthouse, could face a maximum sentence of 150 years in prison at sentencing. Madoff explained his scheme by telling the judge that he believed the fraud would be short-term and that he could extricate himself. The plea came three months after the FBI claimed Madoff admitted to his sons that his once-revered investment fund was all a big lie — a Ponzi scheme that was in the billions of dollars. Since his arrest in December, the scandal has turned the 70-year-old former Nasdaq chairman into a pariah who has worn a bulletproof vest to court. The scheme evaporated life fortunes, wiped out charities and apparently pushed at least two investors to commit suicide. Victims big and small were swindled by Madoff, from elderly Florida retirees to actors Kevin Bacon and Kyra Sedgwick and Nobel Peace Prize winner Elie Wiesel.

EC issues notice to Mulayam over ‘cash distribution’
12 Mar 2009, 1708 hrs IST, AGENCIES
NEW DELHI: The Election Commission on Thursday slapped a notice on Samajwadi Party leader Mulayam Singh Yadav for alleged distribution of cash by his party workers at a Holi function. Taking cognisance of video footage telecast by television channels, the EC served a notice on the SP leader and sought a reply by March 14, an EC spokesman said. Earlier, a report from Lucknow said that the EC has also sought a report from the district magistrate on the incident. The news regarding distribution of money at a “Holi Milan” programme in Yadav’s native Saifai in Etawah district was aired by some news channels. According to the footage, Mulayam Singh’s supporters distributed Rs 100 currency notes among a large number of people at the gathering, in his presence. “It is apparent that the distribution of money in your presence has been made with a view to soliciting votes and support for yourself and your party,” the statement said. The model code of conduct provides that all parties and candidates shall avoid scrupulously all activities which are ‘corrupt practices’.

HC asks state for details of babus seeking change in date of birth
12 Mar 2009, 0433 hrs IST, Shibu Thomas , TNN
Mumbai: Babus applying for a change in their birth records on the cusp of retirement to squeeze in a few extra years in service is not unknown. The practice, however, has now come under the Bombay high court scanner with a division bench of Justice J N Patel and Justice Vijaya Kapse-Tahilramani asking the state to furnish details of all such officers who had been allowed to modify their birth certificates. The court’s orders came following a public interest litigation filed by a resident , Dr Jagannath Lone, who alleged that government officers were granted extension at the “fag end of their tenure’ ‘ after changes were made to their date of birth. The PIL pointed claimed that such an extension was granted to Abhimanny Shindekar, secretary of the law and judiciary department at Mantralaya. With government pleader Dharyasheel Nalavade pointing out that Shindekar had already retired from service, the court turned its attention on other officers who had sought changes in their date of births. The next hearing is slated for March 25. Government sources alleged that there was nothing new in this and even several senior officials have applied for such “corrections” . These officials claimed that the date of birth, which was recorded while applying for the government job, was not correct. “Official documents’ ‘ in the form of birth registers and school certificates are produced to back their claim. Recently, another bench of the high court had dismissed a similar application filed by Ananda Ballal, a senior officer in the meteorology department under the ministry of science and technology . When joining the department, Ballal’s date of birth was recorded as June 1, 1942, which was also mentioned in his school-leaving certificate. Later, he sought changes, claiming that he had discovered that the birth register maintained by the tahsildar in his native village of Islampur had entered his date of birth as September 22, 1945. Ballal contended that he came from an illiterate family and when his mother admitted him to school, the date was wrongly recorded. A division bench of Justice Bilal Nazki and Justice J H Bhatia, however, did not buy the argument. They said if Ballal’s date of birth was taken as 1945, it would mean that he had passed his Std VII when he was less than 10 years old and his Std XII exams when he was barely 15. “( This) is improbable,” said the judges, adding that if his year of birth was 1942, then he would have taken his Std XII exams when he was 18, “which appears to be quite reasonable” . shibu.thomas1@timesgroup .com

Magistrate gives 2 orders in same case
12 Mar 2009, 0530 hrs IST, Swati Deshpande, TNN
MUMBAI: Shocked that a magistrate had passed two differing orders on the same day in the same case, the Bombay high court recently called for administrative action against him. On August 30, 2008, additional chief metropolitan magistrate S N Chinchamekar of the Esplanade court had first, in a handwritten order, held that a particular dispute appeared to be “civil in nature’’ and it was “totally wrong for the complainant to approach a criminal court’’. But later, a typed version of the order, signed by the magistrate, said that it was “necessary to direct the police to investigate under Section 156 (3) Criminal Procedure Code’’. The HC order, seeking punitive action against the magistrate, is significant because it’s not unusual for litigants to try to give civil disputes a criminal hue. Lawyers say this helps ensure a police probe for offences like cheating and criminal breach of trust. The police then threaten to arrest the “accused to facilitate a settlement’’. But it’s rare to find a magistrate passing two conflicting orders on the same day.

5,354 Delhiites challaned during Holi
12 Mar 2009, 1332 hrs IST, PTI
NEW DELHI: For over 5,300 people, Holi celebrations turned a little colourless on Wednesday when police cracked down on them for violating traffic rules in the national capital. A total of 5,354 challans were issued during an intensive drive between 9.30 am and 3.30 pm, and 6 p.m. and 8 p.m., a senior police official said. Of the 4,577 people who were challaned during the drive between 9.30 am and 3.30 p.m., the majority, 1,517, were pulled up for riding motorcycles without helmets. As many 186 minors too faced the music with 39 being challaned for riding vehicles while 147 were caught driving without a valid licence, the official said. Red light jumping (644), triple riding (559), drunken driving (491), dangerous driving (219) and stop line violation (119) were the other major reasons for the issue of challans. During the second drive, 1,777 were caught for being on the wrong side of the law. Out of this, 200 were cases of drunken driving.

Lok Ayukta probes: No action taken
12 Mar 2009, 0424 hrs IST, TNN
BANGALORE: Over the past five years, the Lok Ayukta has raided 176 officers and recommended to the government action against 29 for having assets disproportionate to their known sources of income. According to information procured under the RTI Act by Bheemappa Gundappa Gadaada, the officers against whom action has been sought hold high posts in the revenue department, commercial taxes, Karnataka Soaps and Detergents, BBMP, police, Mysore Minerals and PWD. However, when the same RTI queries were filed with the government, the replies were disparate. Here is what the DPAR’s under secretary said: Lok Ayukta has recommended action against seven KAS officers. This is contrary to information provided by the Lok Ayukta office. The DPAR has also stated that no action has been initiated against any officer in the past five years. Objecting to this seeming discrepancy between the two reports made available to him, the RTI applicant has sought action against the officer who provided false information. And, on a query whether the Lok Ayukta will be given full powers to deal with these officials, the DPAR said it is beyond its purview.

CBI books unkown cops for court clash
12 Mar 2009, 0459 hrs IST, A Subramani, TNN
CHENNAI: Exactly 20 days after the February 19 violence on the Madras high court premises, the Central Bureau of Investigation (CBI) has registered a criminal case against “unknown police officials”. The first information report (FIR), registered by the special crime branch of the central agency on March 9, has been taken on file by the additional chief metropolitan magistrate at Egmore for further proceedings. Against the column requiring details of the accused persons, the agency had stated “unknown police officials and unknown others.” This is the first FIR being registered against the police in connection with the February 19 incidents. As for the first informant/complainant, the CBI said it was being registered as per the direction of the Madras high court. A full bench of the court comprising the then acting Chief Justice S J Mukhopadhaya, Justice V Dhanapalan and Justice K Chandru held a sitting while the violence was still raging on the court campus on February 19, and ordered the transfer of the case to the CBI for probe. Passing further orders on March 2, the same bench asked the CBI to consider its February 19 order as first information and do the needful. It also flayed the state police for having registered a separate FIR at 7.20 pm on February 19, even though the full bench had taken cognizance of the sequence of events and passed a judicial order at 6.40 pm that day. The second order made it clear that it was open to the CBI to register a case on the basis of the court’s February 19 order. A week after this second order, the central agency has registered the FIR for offences such as unlawful assembly, rioting, causing hurt with dangerous weapons, trespassing and mischief. Unknown police officials have also been charged with offences punishable under Section 3(1) and 4 of the Tamil Nadu Properties (Protection and Damage and Loss) Act 1992.

CJ cautions 183 newly inducted judges
12 Mar 2009, 0451 hrs IST, TNN
CHENNAI: Sounding a warning of sorts to the newly inducted judges of the subordinate judiciary, Chief Justice Hemant Laxman Gokhale said, “if you are found in undesirable places, it will affect your growth.” Addressing 183 recently selected district munsifs and judicial magistrates at the state Judicial Academy on Wednesday, Justice Gokhale said judicial officers must be in control of the situation when they are on the dias. “After working hours, judges should spend their time usefully and purposefully…These days media and members of the public are watching the judges.” On Wednesday all the 183 district munsifs and magistrates, including 68 women, were formally inducted in the subordinate judicial service. Hoping to see more women magistrates in the next recruitment, Chief Justice Gokhale said was happy to note that at least 29 persons were practising in various courts as advocates before being selected for the job. “The job of a judge is not a difficult one, but it is a responsible one,” he said, adding that the new recruits would be part of a “significant limb of the state.” While Justice P K Misra said the training programme was designed to enrich the knowledge of the new officers, Justice D Murugesan stressed the need for the subordinate judicial officers to discharge their duties in a disciplined manner.

CJ’s no to early hearing of case against cops
12 Mar 2009, 0443 hrs IST, A Subramani, TNN
CHENNAI: Unfazed by the presence of a large number of advocates and their persistent demands for the early hearing of contempt of court cases relating to February 19 violence, Madras high court Chief Justice Hemant Laxman Gokhale on Wednesday declined to hear them out of turn. “We understand the gravity of the situation… It is not proper to say that unless the matter is taken up for hearing you will not work… How can you say that just because you are advocates you should be treated differently? Start your work at the earliest. Enough is enough. Litigants have suffered enough,” he said. The chief justice, sitting in the first bench along with Justice F M Ibrahim Kalifulla, made these sharp observations when a big gathering of advocates sought the expeditious hearing of the pending as well as new contempt cases against police officials incharge of the February 19 operation on the court campus. In the evening, the Madras Bar Association, which was originally scheduled to call off the boycott, merely adjourned its scheduled general body meeting.

2 builders booked in the case of girl’s death
12 Mar 2009, 0446 hrs IST, TNN
PUNE: The Sahakarnagar police on Wednesday booked two builders for allegedly’ committing an offence of culpable homicide not amounting to murder. The case pertains to the death of a one-and-a-half-year-old girl who had died after falling into a water tank near her house in Upper Indiranagar on February 12. The girl was identified as Desna Sonawane of Krishnanagar. The police have identified the builders as Siddharth Manohar Yewale and Yawalkar (full name and address not known). The police are on the lookout for the suspects as they had gone absconding after they were charged with causing the girl’s death. Sub-inspector Narendra Sawant told TOI that the investigations have revealed that there was negligence on the part of the builders as they had kept the water tank open without taking any preventive measures. The negligence on their (builders) part had caused the child’s death, Sawant said. “After coming to the conclusion that the builders were responsible for the death, the police have registered a case against them under section 304 (culpable homicide not amounting to murder) of the Indian Penal Code,” Sawant added. Desna’s father Arun Sonawane had filed a case with the Sahakarnagar police station. Sonawane is a journalist with the Buddha Mahasangh’ newspaper. Sawant said: “On February 12 evening the girl, who was playing near her house, fell into an open water tank at a construction site nearby. The incident came to light when one of the locals saw her struggling in the tank. She was pulled out and rushed to the Sassoon general hospital. However, the doctors declared her dead around 7.30 pm.” Sawant added that the tank in which the girl had fallen was built for constructing a compound wall at S.No.659/16 at Krishnanagar in Bibvewadi. Investigations revealed that the land originally belonged to More who had sold it to the builders. They used the water tank on the property for construction work.

Under pressure, govt notifies TCP rules
12 Mar 2009, 0335 hrs IST, TNN
PANAJI: Following public and opposition hue and cry over the government’s controversial amendment of section 16 of the Town and Country Planning Act, the government has notified the Goa Town and Country Planning (Public projects/schemes/development works by the Government) Rules, 2008. This is in line with the assurance given by chief minister Digambar Kamat in the assembly that the rules would clearly define what are the government projects that would fall beyond the purview of the Regional Plan. The amendments to section 16/16A of the Town and Country Planning Act empowers the state and the central government to undertake any public projects, schemes, development works’ which need not conform to the provisions of the Regional Plan for Goa as may be in force. Following widespread criticism to the amendment from the public, the opposition leader Manohar Parrikar had even moved a private member’s bill in the August 2008 assembly to repeal the amendments. The bill was however defeated. Parrikar had said that the government projects’ which are kept beyond the purview of the Regional Plan through the controversial amendments, are not clearly defined. Describing this as dangerous, Parrikar had said even Private-Public-Projects will get under the umbrella of the government projects’ and thereby escape scrutiny of the Regional Plan prohibitions. Officials of the Town and Country Planning (TCP) department recently told the assurances committee of the legislative assembly, that as per the chief minister’s assurance the rules have been notified and they define what exactly public projects are. According to the notification Public projects, schemes, development works’ means and includes works undertaken by the central government and the state government like state highways, major district roads, other roads, educational institutions, complexes, libraries, community halls, court buildings, sports complexes with supporting allied, auxiliary facilities, fisheries complexes and facilities for allied uses, tourism infrastructure, public toilets, rain or cyclone shelters, hospitals, panchayat ghars, dispensaries, police stations, police outposts, fire stations, markets, bus terminals, parking lots, rehabilitation colonies and state sponsored schemes under 20 point programme, government offices, operational constructions, etc. But public projects shall not include Information Technology parks, industrial estates, industries, projects under private partnership (PPP) or housing schemes of Housing Board and corporations. The TCP officials also informed that a separate committee, headed by the chief secretary, has been notified to scrutinise all such public projects. In case of land acquisition by the central or state government, while proposing acquisition of land for carrying out public projects, the concerned agency shall apply to the department for No Objection Certificate (NOC).
The department will refer the proposal to a committee. The committee after studying the proposal, will either recommend or reject the proposal. The committee shall communicate its decision in writing to the department.

Panel set up to monitor political ads
12 Mar 2009, 0319 hrs IST, TNN
The Election Commission of India has constituted a committee to entertain applications for certification of advertisements on television channels, cable networks and radio, submitted by all registered political parties having their headquarters in Goa and all organizations, groups of persons or associations having their registered office in Goa. The committee will be headed by the joint chief electoral officer.
The other members of the committee are collector (North Goa), returning officer for 1- North Goa parliamentary constituency, and Doordarshan Kendra station director, Altinho.

Nine cases of impersonation in 2008
12 Mar 2009, 0313 hrs IST, TNN
PANAJI: Of the nine cases of impersonation of government officials in 2008, in eight cases the accused persons impersonated policemen and in one case naval officers to cheat and defraud people. While the two accused who impersonated naval officers have been arrested, the police is still clueless about the identity of persons who impersonated police officials and cheated people of their gold and jewellery worth lakhs of rupees. The modus operandi in all these cases was more or less similar. Two or three persons would impersonate police officers and approach any elderly woman. They would warn the victim about several incidents of thefts and that they should not be wearing gold ornaments. They would ask the victims to remove the gold from their possession and would then pretend to wrap the gold in a paper and give it to the victim. The victim on reaching home would find the jewellery missing. The first offence was registered in September 5, 2008, when two unidentified persons approached a lady Lila Shirodkar at Caranzalem and claimed to be policemen. They asked her to remove her gold chain worth Rs 29,500 and put it in a paper packet. Later, on reaching home, she found that the paper packet had stones. Later in the day, thieves approached 65-year-old Malati Pednekar at Goa Velha posing as police officers and induced her to give her two gold bangles to them to be properly packed. When she returned home, she found that her two gold bangles worth around Rs 22,000 had been replaced with fake gold bangles. In October, the thieves struck Siridao, Margao and Pernem. They induced their women victims to hand over their gold ornaments on the pretext of putting the same in a purse. In this manner they got gold ornaments worth Rs 1.3 lakh in these three separate incidents. A month later they struck in Curtorim, where three unknown persons presented themselves as police officers and persuaded the victim to hand over her gold chain. In the process, they cheated the lady of her gold worth about Rs 30,000. Similarly, in Taleigao a woman walking on the road was approached by two persons who said they were police men. They asked her to give her jewellery and wrapped it in a handkerchief before returning it to her. The woman was shocked to find her ornaments missing when she returned home. The last incident occured on December 16, 2008. But this time the modus operandi was different as an unknown motorcyle rider posing as a police officer stopped a mini pick-up vehicle at Quepem and directed the driver to produce his licence. He then took Rs 25,000 from the victim Sadanand Naik, 58, and asked him to sit on his bike and when the victim was about to sit, the rider fled from the place. In the naval officers impersonation case, two persons a father and his son went into a shop claiming to be navy officers. They purchased jewellery and said that payment would be made at the Naval premises at Vasco. They took the jewellers assistant in a jeep and left him near the naval base and escaped. The duo were later arrested.

Anti-begging drive: Nine caught, sent to homes
12 Mar 2009, 0032 hrs IST, TNN
MANGALORE: Nine beggars from different parts of the city were caught and sent to the rehabilitation centre at Pachanady, during a special drive against the menace of begging held on Wednesday. Students of different social work colleges and the Samajika Baduku and Manava Hakkugalu Karnataka, a non-governmental organisation, undertook the drive along with the officials of the department of social welfare. The NGO that has been working to eradicate the menace of begging organised the drive to help students of social work to study the subject and have a wider perspective. Begging is not only a social menace but it is also turning in a mafia business where some vested interests engage women and children to beg for their gain, the NGO said in a release. District social welfare officer P A Ganapathi, who launched the campaign in front of the district commissioner’s office, said MSW students took part in the drive as part of their studies. The students and the NGO collected information about the background of the beggars for case studies. All the beggars were shifted to the rehabilitation centre located at Pachanady in the outskirts of the city, he said and added that the department undertakes weekly drives to identify the beggars and shift them to rehabilitation centres.

Show cause notice to Hescom under RTI Act
12 Mar 2009, 0029 hrs IST, M L Kapur, TNN
HUBLI: The Karnataka Information Commission has issued a notice to Hubli Electricity Supply Company (Hescom), to show cause why its principal information officer (PIO) should not be penalized for delay in providing information sought under the Right to Information Act. Hescom general manager and PIO U S Nayak had taken 100 days instead of the maximum stipulated period of 30 days for furnishing information to an RTI applicant on steps taken by it to conserve energy in view of the prevailing power shortage in Karnataka. Even after so much delay, applicant A S Kulkarni, power secretary of the Hubli Citizens Forum, was given what he called vague information without specific details only when he filed a petition with the state information commission after lapse of the stipulated period. Under section 20 (1) of the RTI Act, Nayak may have to pay a fine of Rs 17,500 from his own pocket for the undue delay of 70 days over and above the stipulated 30 days, as the law provides for a fine of Rs 250 for each day of delay, and the liability is personal. According to legal experts, this penal provision is mandatory, and even the state information commissioner has no discretionary powers in this regard. The petition is listed for hearing before the commission on May 4, and the PIO has the option personally appear to explain reasons for undue delay. Kulkarni, a senior citizen and former law officer with the Metals and Minerals Trading Corporation, has also secured an order from state information commissioner K A Thippeswamy for a payment of Rs 600 from Hescom management towards cost of appearing before the commission in Bangalore. Referring to the vague reply given by the PIO, Kulkarni said he was told that Hescom has no information about the number of consumers using energy saving devices, or how many offices were using solar energy despite direction that usage of solar energy was compulsory all government offices. He said even the Hescom corporate office here has yet to install solar power devices. Moreover, if they treat requests under the RTI Act so casually, the very purpose of the law enacted to ensure transparency and accountability of public authority would be defeated.

Revised – 10-03-09 SHRC chief inspects site of thermal power plant
12 Mar 2009, 0031 hrs IST, TNN
KARWAR: The chairman of the State Human Rights Commission (SHRC) S R Nayak visited Hanakon village near Karwar on Monday and inspected the site of the proposed thermal power plant and interacted with villagers opposing the project. People in the area expressed their opposition to the plant saying it would affect the environment in the region. The proposed project will destroy the ecological balance in the area, since the project would use the water from the Kali river for cooling the turbines and thermal plants and leave hot water into the river, they said. The Kali river has many species of rare fish and shells belonging to the Mollusc kingdom, which would be extinguished if the temperature of the river is altered, they added. The people also objected to the storing of steel materials in the proposed plant area without the permission from the authorities. To this, Nayak said that he would ask the district administration if the company violated any guideline issued by the district administration. Later, while speaking to reporters, Nayak said, “The state is going through an acute shortage of electricity, so we need to generate electricity. But the company dealing with the thermal project should obtain the permission from all departments concerned and fulfil all legal requirements before commencing construction work.” Nayak said that the SHRC would not allow the company to destroy the ecological balance in the region, because, when the SHRC had asked for details from the company about the project after his last visit, the organization had furnished all the necessary details, he added. The deputy commissioner of Uttara Kannada Channappa Gowda and superintendent of police Raman Gupta were also present during the visit.

Murder accused escapes from police custody
12 Mar 2009, 1333 hrs IST, PTI
KANPUR: Taking advantage of Holi festivities, a murder accused undergoing treatment at a hospital escaped from police custody leading authorities to register a case of dereliction of duty against the three policemen guarding him. Yogendra Singh, who was suffering from jaundice was admitted to a jail hospital. On February 27 his condition deteriorated after which he was moved to Halet hospital, SP (west) Dayanand Mishra said, adding three policemen were deputed to guard him. On Wednesday, Singh took advantage of Holi festivities and escaped from the hospital. When the policemen on duty came to know of the incident they filed a missing complaint in Swarupnagar police station. A case of dereliction of duty has been registered against Umed Singh, Dharam Singh and Dwarka Prasad, who were deputed to guard the accused, the SP said, adding that investigations are on in the matter.

For court, recession blues cannot affect alimony
12 Mar 2009, 0301 hrs IST, TNN
BANGALORE: Here’s a somewhat different perspective on the recession blues. A man filed a plea in the high court recently, asking for the reduction of the maintenance payable to his separated wife. Reason: recession and cut in pay. Srinivas and Sapna (name changed) tied the knot when there was a boom in the market and the BSE was soaring skywards. But within two years, things went wrong not only in their married life, but also with the economy. They opted to separate a year before the recession hit. A family court had then ordered the husband to pay Rs 15,000 a month maintenance. Now with the economy in doldrums, Srinivas, a software engineer settled in Pune, approached the Karnataka high court seeking reduction of the maintenance amount. He cited the recession and pay cut. However, the single bench refused to interfere. He then approached a division bench. His counsel also told the court that Sapna had finished her MA in English, besides possessing a computer studies diploma and other qualifications. So, she can fend for herself by getting a suitable job, he submitted. This did not convince the judges. They read out reason for the separation—mental cruelty. The woman also submitted that she couldn’t hold on to jobs because of mental agony and the stigma of being deserted by her husband. “She lives with her brothers and needs maintenance,” the bench remarked and dismissed the appeal.

Killing another in self-defence is one’s right: SC
12 Mar 2009, 1505 hrs IST, PTI
NEW DELHI: Thirty years after they killed a man, the Supreme Court today let off two accused holding that they were entitled to acquittal as the act was committed in exercise of self-defence which is permitted under the law. A person can kill another when there exists a reasonable apprehension that his adversary is going to cause him/her grievous injury even though he might not have actually inflicted any, the Supreme Court ruled. “In that event he can go the extent of causing the latter’s death in the exercise of the right of private (self) defence even though the latter may not have inflicted any blow or injury on him,” a bench of Justices Dalveer Bhandari and H S Bedi observed. The bench passed the ruling while dismissing an appeal filed by the UP Government challenging the acquittal of Gajey Singh and Rajpal Singh in a murder case that occurred on January 27, 1979 in Meerut town following an old enmity. In this case, Lakhi Ram along with a few others had gone to the place of Gajey and Rajpal where a scuffle took place and the duo was assaulted with sharp weapons. In retaliation, Rajpal at Gajey fired a shot resulting in the death of Ram.

HC asks Maha govt: what preventive measures taken after 26/11
Published: March 12,2009
Mumbai , Mar 12 The Bombay High Court today asked the Maharashtra government about the preventive steps taken in the aftermath of audacious November 26 Mumbai strikes.
“Has the state-appointed committee (state security council) met even once?”division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud queried.
The High Court was dealing with the PILs, filed by Indian Society of Law Firms and others regarding the terror attack.
The court also asked whether any departmental action was initiated against those who were found to be negligent in their duties.
However, Public Prosecutor Satish Borulkar asked the court for some time, after which the Court adjourned the hearing till tomorrow.
The state security council headed by the Chief Minister was set up immediately after the November 26 terror attack.
Source: PTI

HC withdraws from Abhaya case
Kochi, Thursday 12 March 2009: The Kerala High Court has withdrawn from the primary responsibilities of the Abhaya murder case. The case will be heard by the Ernakulam Chief Judicial Magistrate Court from Thursday onwards, said Justice K Balakrishnan Nair.
The Division Bench of the High Court will not oversee the development of the case every 3 months. The court took this decision while hearing the petition of Abhaya’s father Thomas and Jomon Puthurpurakkal.
Earlier Jts K Basanth had withdrawn from the primary responsibilities of the case and Jts Balakrishnan Nair took over the case.

Malaysian Indian lawyer wins US award
12 Mar 2009, 1054 hrs IST, IANS
KUALA LUMPUR: Malaysian bar council president Ambiga Sreenevasan, an ethnic Indian, is one of the eight women who received the prestigious “women of courage” award from secretary of state Hillary Rodham Clinton in the US. Sreenevasan, who has been at the forefront of the civil liberties movement in Malaysia, was present at the ceremony in Washington Monday, The Star newspaper said. The Malaysian women’s bodies have hailed Sreenevasan’s award as a recognition in the international arena for taking a firm stand on national issues such as judicial independence, gender equality and good governance. Chew Mei Fun, Malaysian Chinese association women’s wing chief, said Sreenevasan was “a living proof of this”. “Ambiga’s efforts should not only be viewed from a gender perspective as a woman, but as a Malaysian individual who champions justice and equality,” Chew said. Ethnic Indians, an estimated two million-plus, form about eight percent of Malaysia’s multi-racial population of 28 million.

Insurance company’s appeal against tribunal order dismissed
CHENNAI: Under a package policy or a comprehensive policy of motor insurance, gratuitous passengers travelling in a private car or pillion riders carried on two-wheelers are automatically covered, the Madras High Court has ruled.
In its judgment dismissing an appeal filed by an insurance company, a Division Bench comprising Justices Prabha Sridevan and K.K.Sasidharan said that except occupants who were carried for hire and reward, and in the case of death of and injury to a person in the course of employment of such person by the insured to the extent necessary to meet the requirements of Workmen’s Compensation Act, the insurer should indemnify the insured against all sums he is legally liable to pay.
The appeal by Royal Sundaram Alliance Insurance Co.Ltd, Coimbatore, challenged an order of March 2008 of the Motor Accidents Claims Tribunal, Fast Track Court No.2, Coimbatore. The deceased was a passenger in an insured vehicle. Due to the negligence of the driver, who was also the owner of the vehicle, an accident occurred in July 2004 resulting in the death of the driver and three passengers. While the driver and two persons died in hospital, one passenger died on the spot. The claimants, A.Meenakshi and four others, were the legal heirs of the passenger who died on the spot.
The tribunal awarded Rs.19.10 lakh. Hence, the present appeal by the insurance company.
The Bench said the present policy and the terms contained therein were in accordance with the Standard Forms and therefore, the risks of the occupants carried in the motor vehicle so long as they were not carried for hire or reward were automatically covered when a comprehensive policy was taken.
A comprehensive policy covered the liability of pillion riders.
It was clear from the law itself, the words of the policy and a Supreme Court decision that a comprehensive policy covered the risk of gratuitous passenger to the extent of the liability incurred.
The Bench said the Tariff Advisory Committee explicitly came out with a clarificatory circular in 1978.
“We cannot forget that the words used are ‘third party’ and ‘comprehensive,’ so we cannot deny this relief to the third party occupant in a car covered by a comprehensive policy.”
It said the policy holder should know as to whose risk was being covered. It should be brought to his knowledge that even his family members would be gratuitous passengers travelling in his car.
“We also hope that in addition to English and Hindi, the insurance companies, both public sector as well as private sector undertakings, would consider publishing the instructions and guidelines in the language of the State.”
The law governing the insurance policy was a law of contract.
So both parties should understand exactly the terms of the contract and for exactly what extent and what type of coverage the policy holder was paying premium.
The Bench decided the issue relating to coverage of risk to a gratuitous passenger travelling in a private car in favour of the third party and against the insurer.

Good judge must have basic virtues, says Gokhale
Special Correspondent
CHENNAI: Quality, integrity and punctuality are the basic virtues required of a good judge, Chief Justice of Madras High Court H.L. Gokhale said on Wednesday.
Taking part at the ceremony for induction of civil judges (junior division) at the Tamil Nadu State Judicial Academy, Mr. Gokhale said working hard and efficiently would help them get elevated as Supreme Court judges.
The new recruits should take notes of important judgments. They could also take the help of district magistrates and senior advocates. Good lawyers would quote from different judgments, and this would help them deliver better judgment, he said. Mr. Gokhale wished that the next batch would have more women civil judges. He was happy that of the total number of judges inducted, 30 practised law for three years before being appointed civil judges.
“You are going to be part of the State; you are a very significant limb of the State. When you are on the dais, you have to control the situation. For this, the new recruits can take the advice of their seniors,” Mr. Gokhale said.
After working hours, the judges should spend their time usefully and properly. “If you are found in an undesirable place, it will affect your growth. Moreover, these days both the media and the public are watching the judges,” he said.
He also asked the new judges to be careful about their friends and relatives. They should not waste much time on public functions, he said adding that the job of a Judge is not a difficult one but a responsible one.
A total of 183 civil judges, including 68 women, were inducted.
P.K. Misra, Judge, Madras High Court, and president, Board of Governors, Tamil Nadu State Judicial Academy, and Murugesan, judge, Madras High Court, and Member, Board of Governors, Tamil Nadu State Judicial Academy, felicitated the civil judges.

Cases booked against lawyers
CUDDALORE: Barring a handful of lawyers owing allegiance to the Dravida Munnetra Kazhagam, majority of them abstained from courts here on Wednesday.
However, after a while, those lawyers also came out of the court.
By that time, a group of lawyers had assembled in front of the court and burnt the copies of the interim report of Justice Srikrishna, a retired Supreme Court judge, on the Madras High Court incident. Police booked cases against 12 lawyers under Sections 143 (unlawful assembly), 147 (rioting), 188 (violating the orders) and 285 (negligent conduct with fire).

Notice served on Minister
ANANTAPUR: Notice was served on Minister for Agriculture N. Raghuveera Reddy and Kalyanadurg Bar Association president K. Thippeswamy with charges of violation of election code of conduct by Returning Officer for Kalyanadurg on Wednesday. The Minister had allegedly held election campaign by visiting the Junior Civil Judge Court premises and holding a meeting with the Bar Association members on March 9. — Staff Reporter

Legal literacy camps
TIRUPATI: Legal awareness will now be available in jails, hospitals, melas, schools, markets, tourist spots and even slums.
As part of the ‘Micro legal literacy scheme’, the National Legal Services Authority has identified core areas and subjects for conducting four legal literacy camps per month in select places.
— Staff Reporter

Court admits appeal against order
Staff Reporter
BANGALORE: The Karnataka High Court on Wednesday admitted an appeal by the Government against an order of a single judge quashing the appointment of 11,313 anganwadi workers.
A single judge had on March 28, 2008, allowed petitions by Prema and others and quashed the appointment of 11,313 anganwadi workers.
The single judge had said that the anganwadi scheme was formulated by the Centre and that the State did not have the power or jurisdiction to tamper with it.
The single judge had also struck down a July 15, 2006 Government Order relating to the constitution of committees under the local MLAs to select anganwadi workers.
The State had appealed against the single judge order and sought a stay against it.

Chief Justice swearing-in
Kochi: S.R. Bannurmath who has been appointed Chief Justice of the Kerala High Court will be sworn in on March 18 by Governor R.S. Gavai in Thiruvananthapuram. Justice Bannurmath had served as judge of the Karnataka High Court before his elevation as Chief Justice. Kerala High Court Acting Chief Justice J.B. Koshy will be sworn in as the Chief Justice of the Patna High Court on March 16. — Special Correspondent

Legal adalat
KOLLAM: The District Legal Services Authority will conduct a mega adalat on the district court premises here on March 14. The adalat will begin at 10 a.m. MACT cases, civil cases, compoundable cases at magistrate courts and pre- litigation cases of various banks will be taken up by the adalat. Complaints with regard to the National Rural Employment Guarantee Programme can also be lodged, District Judge Thomas Pallikkaparambil said.

ASG to move Supreme Court over ragging case
To seek exemplary action against those involved
New Delhi: Outraged by the death of 19-year-old medico Aman Kachroo because of ragging, Additional Solicitor-General Gopal Subramaniam has announced he would move the Supreme Court seeking exemplary action against those involved in the heinous offence.
Mr. Subramaniam, who was earlier appointed as amicus curiae (friend of the court) by the Supreme Court which had passed a series of directions to curb the menace, said he would move a special application pressing for the constitution of a fast track court to speed up the trial in the case and bring to book the culprits responsible for Kachroo’s death.
He said that the application would be moved on March 16, immediately after the Supreme Court reopens after the Holi vacation. Mr. Subramaniam said he would ensure that the “conduct of the State government would be called into question. It would include the role of the students, the Principal and the Vice-Chancellor.”
Fast track court
“I will be seeking action for contempt, inaction, negligence and failure of all those responsible for preventing such an incident. I will ask for a fast track court to decide the case in an expeditious way,” Mr. Subramaniam said. Stern action should be taken against those responsible for Kachroo’s death. – PTI


8 Responses

  1. Great share. All philosophy in two words, – sustain and abstain. ~Epictetus

  2. sir,
    Recently I have had read about a judgment in news paper that SC of India gas held in a case that if a person gets promotion by fraud then the future benefits shall be withheld,
    if the full text can be made available


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  6. i want detail of pil filled by doctor of naturopathy ,society of indiabaroda

  7. Your website is beautiful, informative and Excellent.
    Article by M.P. Bhattathiri, Retired Chief Technical Examiner , to The Govt. of Kerala. Humble request that it may be published in your website and magazine after editing if necessary

    In the storm of life we struggle through myriads of stimuli of pressure, stress, and muti-problems that seek for a solution and answer. We are so suppressed by the routine of this every life style that most of us seem helpless. However, if we look closely to ancient techniques we shall discover the magnificent way to understand and realize the ones around us and mostly ourselves. If only we could stop for a moment and allow this to happen. May all beings be happy (Loka Samastha Sukhino Bhavanthu)

    Let me bow to Indian Maharishi Patanjali with folded hands who helped in removing the impurities of the mind through his writings on Yoga, impurities of speech through his writings on grammar, and impurities of body through his writings on Ayurveda.
    The American justice Dept. have recently approved the power of yoga and meditation vide a recent judgement in the American court.” Man Who Slapped Wife Sentenced to Yoga, It’s Anger Management, Says Judge.” First there was house arrest. Now there’s yoga. A judge ordered a man convicted of slapping his wife to take a yoga class as part of his one-year probation. “It’s part of anger management,” County Criminal Court at Law Judge Larry Standley said of the ancient Hindu philosophy of exercise and well-being. “For people who are into it, it really calms them down. ” Standley, a former prosecutor, said the case of James Lee Cross was unique. Cross, a 53-year-old car salesman from Tomball, explained that his wife was struggling with a substance abuse problem and that he struck her on New Year’s Eve during an argument about her drinking. “He was trying to get a hold of her because she has a problem,” Standley said after the court hearing. “I thought this would help him realize that he only has control over himself.” The sentence came as a surprise to Cross, who was told to enroll in a class and report back to Standley on his progress. “I’m not very familiar with it,” Cross said of yoga. “From what I understand, it may help in a couple ways, not only as far as mentally settling, but maybe a little weight loss.” Darla Magee, an instructor at Yoga Body Houston in River Oaks, said she would recommend that Cross take a basic yoga class emphasizing breathing and including a variety of postures — forward bends, back bends and twists. “Yoga can help us to get rid of many emotional issues we might have,” she said. “It’s a spiritual cleanse.” Prosecutor Lincoln Goodwin agreed to a sentence of probation without jail time because Cross had no significant criminal history
    Yoga is far from simply being physical exercises, rather it is an aid to establishing a new
    way of life which embraces both inner and outer realities.However this way of life is an
    experience which cannot be understood intellectually and will only become living knowledge through practice and experience. Yoga which is one of the greatest Indian contribution to the world has got vast potential in all fields. and an Indian way to get synergy among body, mind and soul.
    In Tihar jail India Yoga is experimented among the inmates and found successful. Their criminal mentality is changed. This study aimed at investigating the effect of Vipassana Meditation (VM) on Quality of Life (QOL), Subjective Well-Being (SWB), and Criminal Propensity (CP) among inmates of Tihar Jail,
    Delhi. To this effect the following hypotheses were formulated. 1. There will be a significant positive effect of VM on the QOL of inmates of Tihar jail. 2. VM will have a positive and significant effect on SWB of inmates. 3. Criminal propensity (CP) of inmates will decrease significantly after attending the VM course. 4. There will be significant difference in SWB and CP of experimental (Vipassana) group and control (non-Vipassana) group. 5. Male and female inmates will differ significantly in SWB and CP, as a result of VM. In the famous “Time” magazine the importance meditation and yoga, an ancient Indian system, is high-lighted that the ancient mind- and spirit-enhancing art is becoming increasingly popular and gaining medical legitimacy. It is a multi billion dollar business in US. In many Universities it is accepted as subject and included in the Syllabus. In the latest famous book “Inspire! What Great Leaders Do” written by Mr.Lance Secretan recently published by John Wiley and sons, the benefit of meditation is elaborately described for good corporate governance. By practicing transcendental meditation, or TM, many people have got relief from back pain, neck pain, depression. The mind calms and quiets, . What thoughts you have during meditation become clearer, more focused. Anger, anxiety and worries give way to a peace. In the world exorbitant medical expenses one can definitely make use of meditation. Maharshi Mahesh Yogi and Sri Ravi Sankar are popularizing this. The Iyengar Yoga institute in US is famous. Food habits should be to keep mind and body in pace. one can get more than enough protein and other essential nutrients by eating a balanced vegetarian diet of fruits, vegetables, grains, legumes, dairy products, nuts and seeds. A vegan diet (without dairy products) is also adequate, as long as you eat enough protein-rich wholegrains, legumes, nuts and seeds. In any case, your body will “tell” you what you need to eat. If you have a particular craving for any type of food, it may mean that you need the nutrients that it supplies – so trust the natural signals your body gives you .
    In Bhagavad-Gita Gita Lord Krishna has inspired Arjuna to rise from his depression by preaching Gita in the battlefield and to rise from the depression to do his duties. In Holy Gita we can see, being hidden by the cosmic overview of any institution beset with myriad problems, not the least of which is its lack of moral probity, there is a groundswell of educated people seeking answers to deeply personal but universally asked questions. Chie Executives taking lessons from yoga, meditation and learning how to deal with human resources equations in an enlightened manner. Individuals from every walk of life can get ideas of how to be better human beings, more balanced and less stressed out.
    Medical studies continue to show regular meditation working magic in reducing blood pressure and stress-related illnesses, including heart disease. Brain images show that regular meditation helps calm the most active sensory-assaulted parts of the brain. The ancient Hindu sage Patanjali who had mastered the secrets of the human mind has written a book “Yogasutra”.In this book we can see how super powers can be achieved by meditation. It has both cosmic relevance and cosmic resonance. In spite of its universal appeal, for most people total control of mind remains an elusive goal and daunting task. From time immemorial, there have been many attempts throughout the world to unlock the mysteries of the mind and to achieve total control over it through a variety of techniques. One of the most powerful of these techniques is meditation.
    Many spiritual leaders, sages, saints, and holy people such asSri. Buddha, Sri Ramakrishna, Madam Sarada Devi, and Swami Vivekananda have practiced this. One of the ways to control physiological reactions to psychological stimuli is meditation, Yoga, Zen Buddhism etc. The scientists take Transcendental Meditation (TM) as the uniform technique, and base their observations on the study of the subjects engaged in this form of meditation. In summing up the results the scientists have come to conclusion that the effect of meditation is a “wakeful, hypo-metabolic state”. They have found that: 1) Yogis could slow both heart rate and rate of respiration, 2) Yogis could slow the rate of metabolism as confirmed by decreased oxygen consumption and carbon-die-oxide output. 3) Electro-Encephala-Gram (EEG – recording of brain activity) in Yogis showed changes of calmness in the form of “alpha rhythm” during both eyes closed and eyes open recordings. 4) Their skin resistance to electric stimulation was increased (indicating increased tolerance to external stimuli). Our usual ‘defense-alarm’ reaction to emotional and physical stress is in the form of “fright, flight, and fight” mediated through over-secretion of certain neuron-transmitters and neuron-modulators, namely adrenaline and dopamine by way of stimulation of sympathetic nervous system. Under the influence of these chemicals and hormones, we reflexively become panicky or aggressive, our blood pressure rises. Thus stress and anxiety is the end result if we allow our natural age-old sympathetic reactions to act and to come to surface. We try to run away, become fearful, or fight the situation. But today these ‘defense-alarm’ reactions have no place in our lives. Rather, they should be replaced by more calm and serene reactions of equanimity and fearlessness. The need is to just ‘face the brute, and it will go away’. Such desirable reactions of non-aggression and peaceful attitude are generated by Y ga and meditation. EEG Studies on Yogis and The Zen Meditations: Yogis practicing Raja-Yoga claim that during the state of Samadhi they are oblivious to the internal and external stimuli, and they enjoy a calm ecstasy during that state. A study was undertaken to record the electrical activity of their brain during this state by means of a regular and useful test known as electroencephalography EEG. Physiological and experimental studies have demonstrated that the basis of conscious state of brain, among other things, is due to activation of “reticular system” in the brain-stem in response to internal and external stimuli. These stimuli bring about various changes during sleeping and wakeful states of the organism and these can be studied by EEG. The study was carried out on four subjects during the state of concentration and meditation. Effects of external stimuli, like a loud gong, strong light, thermal simulation, and vibrations were studied. The results were compiled and analyzed. It was observed that two Yogis could keep their hands immersed in extremely cold water for about 50 minutes (raised pain threshold). During the state of meditation, all of them showed persistent “alpha activity” in their EEG with increased amplitude wave pattern, both during ‘eyes closed’ and ‘eyes open’ recording. It was observed that these alpha activities could not be blocked by various sensory stimuli during meditation. It was also observed that those, who had well-marked “alpha activity” in their resting EEG showed greater aptitude and zeal for maintaining the practice of Yoga. Similar observations and results were obtained when EEGs were recorded in persons adept in Zen Meditative technique. Can we say that only those persons who exhibit such recording of “alpha wave rhythm” in their EEG are fit for Yoga? and be designated as right candidates for meditation and Yoga practices? (Such experiments are indeed very few and the number of yogis examined is also very small. Therefore, scientifically and statistically these observations have only a tentative importance. Further research is definitely called for, albeit it will have its own limitations.) It is said that in the unknown period of Lord Jesus Christ , He was under meditation.
    Ref. Yoga magazines
    New York times
    Time magazine

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