LEGAL NEWS 22.04.2009

List of Backward Classes
http://www.lawyersclubindia.com/share_files/
1. G.O.Ms.No. 28 BC & MBCW Department, dated 19.7.94
2. G.O.Ms.No.100 BC & MBCW (BCC)Department ,Dated 24.11.97
1.
Agamudayar including Thozhu or Thuluva Vellala
2.
Agaram Vellan Chettiar
3.
Alwar, Azhavar and Alavar (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District.)
4.
Servai(except Tiruchirapalli, Karur, Perambalur and Pudukottai Districts.)
5.
Ansar
6.
Arayar, Nulayar(in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
7.
Archakarai Vellala
8.
Aryavathi(in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
9.
Ayira Vaisyar
10.
Badagar
11.
Billava
12.
Bondil
13.
Boyas (except Tiruchirapalli, Karur, Perambalur, Pudukottai, The Nilgiris, Salem , Namakkal and Dharmapuri Districts).
Pedda Boyar (except Tiruchirapalli, Karur , Perambalur and Pudukottai Districts)Oddars (except Thanjavur, Nagapattinam, Tiruvarur, Tiruchirapalli, Karur, Perambalur, Pudukottai, Madurai,Theni and Dindigul Districts)
Kaloddars (except Kancheepuram, Tiruvallur, Ramanathapuram, Sivaganga, Virudhunagar, Madurai, Theni, Dindigul, Pudukottai, Tiruchirapalli, Karur Perambalur, Tirunelveli, Thoothukudi, Salem and Namakkal Districts)
Nellorepet oddars (except Vellore and Tiruvannamalai Districts)
Sooramari oddars( except Salem and Namakkal Districts)
14.
Chakkala (except Sivaganga, Virudhunagar, Ramanathapuram, Thanjavur ,
Nagapattinam,Tiruvarur, Pudukottai, Tiruchirapalli, Karur, Perambalur, Madurai, Theni, Dindigul and the Nilgiris Districts)
15.
Chavalakarar (in Kanniyakumari District and
Shencottah Taluk of Tirunelveli District)
16.
Chettu or Chetty (including Kottar Chetty, Elur Chetty, Pathira Chetty,
Valayal Chetty,Pudukadai Chetty ) ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
17.
Chowdry
18.
Converts to Christianity from Scheduled Castes
irrespective of the generation of conversion for the
purpose of reservation of seats in Educational Insti-
tuitions and for seats in Public Services
19.
C.S.I formerly S.I.U.C (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
20.
Donga Dasaris (except Kancheepuram, Tiruvallur, Tiruchirapalli,Karur, Perambalur, Pudukottai, Chennai ,Salem and Namakkal Districts)
21.
Dekkani Muslims
22.
Devangar, Sedar
23.
Dombs (except Pudukottai, Tiruchirapalli ,Karur and Perambalur Districts)
Dommars (except Thanjavur, Nagapattinam,Tiruvarur, Pudukottai,Vellore and Thiruvannamalai Districts)
24.
Dudekula
25.
Enadi
26.
Ezhavathy(in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
27.
Ezhuthachar (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
28.
Ezhuva(in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
29.
Gangavar
30.
Gavara, Gavarai and Vadugar(Vaduvar)(other than Kamma, Kapu, Balija and Reddi)
31.
Gounder
32.
Gowda (including Gammala, Kalali and Anuppa Gounder)
33.
Hegde
34.
Idiga
35.
IllathuPillaimar, Illuvar, Ezhuvar and Illathar
36.
Jhetty
37.
Jogis (Except Kancheepuram, Tiruvallur, Madurai, Theni, Dindigul
Cuddalore, Villupuram, Vellore and Tiruvannamalai Districts)
38.
Kabbera
39.
Kaikolar, Sengunthar
40.
Kaladi (except Sivaganga, Virudhunagar, Ramanathapuram, Madurai,
Theni,Dindigul,Thanjavur, Nagapattinam,Tiruvarur, Pudukottai,
Tiruchirapalli, Karur and Perambalur Districts)
41.
Kalari Kurup including Kalari Panicker (in Kanniyakumari District and
Shencottah Taluk of Tirunelveli District)
42.
Kalingi
43.
Kallar
Easanattu kallar
Gandharva Kottai Kallars(except Thanjavur, Nagapattinam, Tiruvarur and Pudukottai Districts)
Kootappal Kallars-(except Pudukottai, Tiruchirapalli, Karur and Perambalur Districts)
Piramalai Kallars- (except Sivaganga,Virudhunagar, Ramanathapuram. Madurai. Theni, Dindigul, Pudukottai, Thanjavur, Nagapattinam and Tiruvarur Districts)
Periyasooriyur Kallars- (except Tiruchirapalli, Karur, Perambalur and Pudukottai Districts)
44.
Kallar Kula Thondaman
45.
Kalveli Gounder
46.
Kambar
47.
Kammalar or Viswakarma , Viswakarmala (including Thattar, Porkollar, Kannar, Karumar, Kollar, Thacher, Kal Thacher, Kamsala and Viswa brahmin.
48.
Kani, Kanisu, Kaniyar Panicker
49.
Kaniyala Vellalar
50.
Kannada Saineegar ,Kannadiyar (Throughout the State) and Dasapalanjika (Coimbatore, Erode and the Nilgiris Districts)
51.
Kannadiya Naidu
52.
Karpoora Chettiar
53.
Karuneegar (Seer Karuneegar, Sri Karuneegar, Sarattu Karuneegar, Kaikatti Karuneegar, Mathuvazhi Kanakkar, Sozhi Kanakkar, and Sunnambu Karuneegar)
54.
Kasukkara Chettiar
55.
Katesar, Pattamkatti
56.
Kavuthiyar
57.
Kerala Mudali
58.
Kharvi
59.
Khatri
60.
Kongu Vaishnava
61.
Kongu Vellalars( including Vellala Gounder, Nattu Gounder, Narambukkatti Gounder, Tirumudi Vellalar, Thondu Vellalar, Pala Gounder, Poosari Gounder, Anuppa Vellala Gounder, Kurumba Gounder, Padaithalai Gounder, Chendalai Gounder, Pavalankatti Vellala Gounder, Palavellala GounderSanku Vellala Gounder and Rathinagiri Gounder).
62.
KoppalaVelama
63.
Koteyar
64.
Krishnanvaka (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
65.
Kudikara Vellalar
66.
Kudumbi ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
67.
Kuga Vellalar
68.
Kunchidigar
69.
Labbais including Rowthar and Marakayar (whether their spoken language is Tamil or Urdu)
70.
Lambadi
71.
Latin Catholics (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
72.
Lingayat (Jangama)
73.
Mahratta (Non-Brahmin) (including Namdev Mahratta)
74.
Malayar
75.
Male
76.
Maniagar
77.
Mapilla
78.
Maravars (except Thanjavur, Nagapattinum , Tiruvarur, Pudukottai, Ramanathapuram, Sivaganga, Virudhunagar, Tirunelveli and Toothukudi Districts) including Karumaravars Appanad Kondayam kottai Maravar –(except Sivaganga, Virudhunagar, Ramanathapuram, Madurai, Theni and Dindigul Districts.) and Sembanad Maravars- (except Sivaganga, Virudhunagar, and Ramanathapuram Districts)
79.
Moondrumandai Enbathunalu (84) Ur. Sozhia Vellalar
80.
Mooppan
81.
Muthuraja, Muthuracha, Muttiriyar, Mutharaiyar
82.
Nadar, Shanar and Gramani ( including Christian Nadar, Christian Nadar, Christian Shanar and Christian Gramani )
83.
Nagaram
84.
Naikkar (in Kanniyakumari District and Shencottah Taluk of Tirunelveli District)
85.
Nangudi Vellalar
86.
Nanjil Mudali ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
87.
Odar ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
88.
Odiya
89.
Oottruvalanattu Vellalar
90.
O.P.S. Vellalar
91.
Ovachar
92.
Paiyur Kotta Vellalar
93.
Pamulu
94.
Panar ( except in Kanniyakumari District and Shencottah Taluk of Tirunelveli District where the community is a Scheduled Caste )
95.
Panisaivan ( including Virakodi Vellala )
96.
Kathikarar in Kanniyakumari District
97.
Pannirandam Chettiar or Uthama Chettiar
98.
Parkavakulam ( including Surithimar, Nathamar, Malayamar, Moopanar and Nainar )
99.
Perike ( including Perike Balija )
100.
Perumkollar ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
101.
Podikara Vellalar
102.
Pooluva Gounder
103.
Poraya
104.
Pulavar ( in Coimbatore and Erode Districts )
105.
Pulluvar or Pooluvar
106.
Pusala
107.
Reddy ( Ganjam )
108.
Sadhu Chetty ( including Telugu Chetty, Twenty four Manai Telugu Chetty)
109.
Sakkaravar or Kavathi ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
110.
Salivagana
111.
Saliyar, Padmasaliyar, Pattusaliyar, Pattariyar, and Adhaviyar
112.
Savalakkarar
113.
Senaithalaivar, Senaikudiyar and Illaivaniar
114.
Sheik
115.
Sourashtra ( Patnulkarar )
116.
Sozhiavellalar ( including Sozha Vellalar, Vetrilaikarar, Kodikalkarar and Keeraikarar )
117.
Srisayar
118.
Sundaram Chetty
119.
Syed
120.
Thogatta Veerakshatriya
121.
Tholkollar ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
122.
Tholuva Naicker and Vetalakara Naicker
123.
Thoraiyar
124.
Thoriyar
125.
Ukkirakula Kshatriya Naicker
126.
Uppara, Uppillia and Sagara
127.
Urali Gounder ( except Tiruchirapalli, Karur , Perambalur and Pudukottai District) and Orudaya Gounder or Oorudaya Gounder ( in Madurai ,Theni, Dindigul, Coimbatore, Erode, Tiruchirapalli, Karur , Perambalur, Pudukottai, Salem and Namakkal Districts )
128.
Urikkara Nayakkar
129.
Vallambar
130.
Valmiki
131.
Vaniyar, Vania Chettiar ( including Gandla, Ganika, Telikula and Chekkalar)
132.
Veduvar and Vedar ( except in Kanniyakumari District and Shencottah Taluk of Tirunelveli District where the community is a Scheduled Castes)
133.
Veerasaiva ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
134.
Velar
135.
Vellan Chettiar
136.
Veluthodathu Nair ( in Kanniyakumari District and Shencottah Taluk of Tirunelveli District )
137.
Vokkaligar ( including Vakkaligar, Okkaligar, Kappiliyar, Kappiliya, Okkaliga Gowda, Okkaliya- Gowda, Okkaliya- Gowder, Okkaliya Gowda )
138.
Wynad Chetty ( The Nilgiris District )
139.
Yadhava ( including Idaiyar, Telugu Speaking Idaiyar known as Vaduga Ayar or Vaduga Idaiyar or Golla and Asthanthra Golla )
140.
Yavana
141.
Yerukula
142.
Converts to Chritianity from any Hindu Backward Classes Community or Most Backward Classes Community or Denotified Communities except the Converts to Christianity from Meenavar, Parvatharajakulam, Pattanavar, Sembadavar, Mukkuvar or Mukayar and Paravar

Candidates need not submit poll agents’ list in advance: HC
http://timesofindia.indiatimes.com/Cities/Candidates-need-not-submit-poll-agents-list-in-advance-HC/articleshow/4432032.cms
22 Apr 2009, 0510 hrs IST, TNN
HYDERABAD: The High Court on Tuesday made it clear that the candidates contesting the current general elections need not furnish the list of their polling agents in advance to the local police officials. A division bench comprising justices V Eswaraiah and P V Sanjay Kumar, while allowing a petition filed by Guntur TDP leaders Kodela Sivaprasad Rao and Pathipati Pulla Rao, said that the candidates have to obey only those orders and instructions issued by the chief election commissioner, chief electoral officer and other key election authorities. The TDP leaders have questioned the public statements made by the district collector of Guntur, who, according to the petitioners, had barred those whose names figure in bind over cases and criminal cases from acting as polling agents. The collector also allegedly asked the contesting candidates to furnish in advance a list of their poll agents to the local police. According to Posani Venkateswarlu, the counsel for TDP leaders, this approach of the collector was aimed at helping the ruling party.

Vibrant Gujarat’s flip side: HC directives go in the sewer
http://www.expressindia.com/latest-news/vibrant-gujarats-flip-side-hc-directives-go-in-the-sewer/449675/
Ujjwala Nayudu
Posted: Apr 22, 2009 at 2347 hrs IST
Ahmedabad Despite govt resolution to stop it, local bodies continue with manual scavenging
Following a Gujarat High Court order on a writ petition in 2006, the Urban Development Department of the Gujarat government had drawn up a GR (Government Resolution) that strictly prohibited manual sewer cleaning and declared manual scavenging illegal in the state. Nevertheless, the GR does not seem to affect the local bodies and municipalities, which continue to send workers down the sewers.
Altogether 24 manual scavengers have perished on the job ever since the HC directive, while 10 have died after the GR came into force. Ratilal Vora’s death in Gandhinagar on Sunday once again indicated the tardy attitude of the government in enforcing the GR.
According to the GR, the local bodies shall not use manual labour but make compulsory use of only sewer cleaning equipment. It clearly states that anyone involved in violation of the guidelines will be subject to penalty. Yet not only the local bodies have escaped punishment, the state government has also turned a blind eye to all past cases.
A question that arises here is why the government is not punishing the violators as claimed. “In most cases, the manhole workers enter the sewers themselves, despite our instruction against it. The workers are unaware of the dangers that their work entails. Our work of buying more machines is going on. As regards this case, we have asked for a report and will act accordingly,” said Minister for Urban Development Nitin Patel.
The government, according to the HC judgment, had spent over Rs 1.06 crore in buying 568 sewer cleaning machines between 1984 and 2004. Yet the actual use of the machines is abysmal.
H P Mishra from the Kamdar Swasthya Suraksha Mandal (KSSM) said: “The deaths are an outcome of the violation of the HC order. In fact, the local bodies have taken the GR lightly. The HC had asked the government to book offending officers, but there has not been a single case against anybody when 24 people have died. A solution can only be expected if a higher officer is suspended for the crime.”
KSSM workers also stated that the absence of fixed guidelines for compensation of a worker’s death (unlike in other occupational death cases) has worsened the situation.
“The workers kin have not been given any compensation. Sometimes, some are given Rs 1 lakh while some others get only Rs 50,000. The HC had ordered civic bodies to pay premiums and insure every worker. It had also instructed the government to give employment to dependants on compassionate grounds. But not a single order has been followed,” added Mishra.
Manhole deaths’ ripple effect
* The frequent manhole deaths in Ahmedabad and notified areas of Gandhinagar has given a platform to the workers across the country to file petitions and fight for their cause. Supreme Court advocate Jai Singh said, “The impact of manhole deaths in Gujarat have thrown light on manual scavenging and manhole worker issues in India.”
* In Delhi, the Supreme Court, in its verdict on a petition has declared Rs 2.5 lakh compensation for the family of the deceased, legal action against the officer and his suspension, and coverage under medical and other schemes. The SC’s decision on Tuesday led to a legal case against the CEO of Delhi Jal Board.

HC calls for guidelines for security at hospitals
http://www.expressindia.com/latest-news/hc-calls-for-guidelines-for-security-at-hospitals/449735/
Express News Service
Posted: Apr 22, 2009 at 0051 hrs IST
Mumbai The Bombay High Court has called for concrete suggestions for formulating guidelines concerning security in government and municipal hospitals in the wake of the baby who went missing from Sion Hospital in January this year.
The court, during the last hearing, had directed advocate general Ravi Kadam and other seniors counsels like Rafiq Dada (who has been appointed amicus curie) and BMC counsel K K Singhvi to chalk out suggestions for formulating the guidelines.
The AG and senior counsels, however, were not present in court on Tuesday and the judges have now said that they should come with the suggestions before the court closes for vacation in May.
Counsel for the corporation Anil Sakhare submitted that they have their own guidelines in place now like cameras, locking systems, sealing of entry exits and issuing of passes. As for the police investigation to trace the kidnapper and the baby, Public Prosecutor Satish Borulkar told the court that they are chasing every lead.
“You cannot deny that they are making efforts,” Justice Desai observed about the investigation. Petitioner’s advocate Amit Kharkanis urged the court to formulate the guidelines before the vacation begins.
He also pointed out that hospitals in the district and taluka levels too should be considered for implementation of the guidelines. The court agreed and observed that the guidelines should be for all the hospitals otherwise it would not serve the purpose.
Borulkar submitted that such cases are happening in private hospitals also after citing the case of baby swapping in a hospital recently.
The court expressed unhappiness that the senior counsels are yet to meet in spite of having sufficient time. The court has adjourned the hearing till May 4.
The court was hearing a petition filed by Mohan and Mohini Nerulkar whose baby was stolen from Sion Hospital earlier this year.

HC asks police to return seized arms to petitioners

http://www.indopia.in/India-usa-uk-news/latest-news/554582/National/1/20/1
Published: April 21,2009

Mumbai , Apr 21 The Bombay High Court today asked the Maharashtra police to return arms to two persons, who had filed petitions challenging additional collector&aposs order to take in possession the arms of private individuals ahead of the elections.
Election Commission had issued a directive to local authorities to seize arms possessed by citizens before the polls.
Division bench of Justices Ranjana Desai and Rajesh Ketkar ordered that arms be returned as the government had not formed a screening committee to examine records of arms owners.
Having such a committee is mandatory as per High Court&aposs 2000 order. But, state government today told the court that screening committee was formed only yesterday.
There are four petitions before the court, two of the petitioners, namely, Vikas Shukla and Merwan Irani, had already deposited their arms which will now be returned.
As for the petitioners, who are yet to deposit their arms, the court has said that the Election Commission should file an affidavit by April 21 stating weather it is necessary to have a screening committee in place before it could order police to seize arms.
Source: PTI

ABN Amro moves HC challenging MRTPC probe
http://www.thehindubusinessline.com/blnus/17211765.htm
New DELHI: ABN Amro Bank (now Royal Bank of Scotland) facing a probe by investigative unit of MRTPC over interest rate charged on prepayment on loans and credit cards has approached the Delhi High Court contending that the fair trade regulator has no jur isdiction for conducting such probe.
Arguing before a division bench comprising Justice Siddharth Mridul and Justice M B Lokur, the bank has submitted that the investigation by the Director General of Investigation and Registration (DGIR) was “beyond the jurisdiction of MRTPC.”
The bank further submitted in its petition that matters pertaining to charging interest from customers and levying charges for prepayment of loans are “matters of agreement and contract” between the banks and customers and are not violative of any provi sions of MRTP Act.
On May 31, 2007 after getting complains from various section of customers, MRTPC had directed DGIR to look into the issue and submit a detailed investigation report on the conduct of various banks.
Requesting the court to quash the commission’s enquiry order, the MNC bank submitted the order was in conformity with the provisions of the Banking Regulation Act 1949 and the Reserve Bank of India Act, 1934. The Bench has directed that the matter be li sted on July 3 for next hearing. – PTI

PIL against working of shrine board
http://timesofindia.indiatimes.com/Cities/PIL-against-working-of-shrine-board/articleshow/4432478.cms
22 Apr 2009, 0338 hrs IST, TNN
CHANDIGARH: Raising a question mark against the activities undertaken by Shri Mansa Devi Shrine Board, an RTI application threatens to land not only the religious body, but also the state of Haryana and Panchkula DC in a distasteful situation. Acting on a PIL filed by RK Garg, a division bench of the Punjab and Haryana High Court on Tuesday issued notices for July 13 to state of Haryana, Panchkula DC and the shrine board. The petitioner’s counsel, HC Arora, submitted that under Haryana Shri Mata Mansa Devi Shrine Act, 1991, nine members had to be appointed from amongst public/devotees, in addition to four official members, including CM, local government minister, financial commissioner and Panchkula DC. However, information obtained under RTI states Haryana failed to appoint the nine nominated members, with the result that all activities of the board were illegal and void ab-initio as the Act mentioned that a minimum five members were required to complete the quorum. With four official members insufficient to complete the quorum, the plea stated, some government members were allowed to participate in board meetings as special invitees, thereby misleading devotees. To drive home the point, the petitioner also brought up the issue of sale of gold items, including coins and pendants, by the board, emphasizing the absence of nominated members had led to public interest getting sidelined. Under a specially devised scheme in 2003, the board reportedly minted gold ornaments into 4g gold coins and 8g pendants (Mangalsutras), and priced them at Rs 5,100 and Rs 2,600 per piece, respectively. It was then decided to sell these at the rates fixed, irrespective of the rise or fall in market price of the metal. Stressing on the sorry state of affairs, the petitioner alleged from December 2005 to January 2006, when gold rate had gone up, the shrine board ‘‘clandestinely’’ sold coins and pendants in bulk, causing a huge loss to the exchequer. Garg sought directions to the state of Haryana to nominate nine ‘‘public’’ members or devotees and also called for a vigilance inquiry into the alleged irregularities.

‘Arcon is our life support, save it’
http://www.dnaindia.com/report.asp?newsid=1249648
Mayura Janwalkar
Wednesday, April 22, 2009 3:24 IST
Mumbai: The closure of the Aids Research and Control Centre (Arcon) is not merely a treatment centre closing down. For the patients of Arcon, it is the end of a place they knew as their own.
With just eight days to go for April 30, the day this centre is scheduled to shut down, its patients filed a PIL in Bombay High Court on Tuesday. They fear that the social acceptance they found at Arcon, would not be matched anywhere else.
The PIL, filed by some of the patients (names withheld) and their family members, states that in 2004, Arcon, which was started with the help of University of Texas in 1994, received funds from the Global Fund to Fight Aids, Tuberculosis and Malaria (GFATM) for a period of five years.
Advertisements for availing the “sixth round” of GFATM funding were issued in 2006. Had Arcon applied in time to the central government, this situation would not have cropped up, claim the petitioners.
The PIL states that Arcon director Abhay Choudhary “callously and casually” handled the issue of submitting its report to the Centre by June 2006. This finally resulted in the funding for the centre not being renewed.
When contacted, Choudhary told DNA, “I am not aware about what is in the PIL. However, global funds are announced for a specific objective. They are not continuous. In 2003, Arcon had applied for the second round of funding, and it came through. But it was only for a five-year period, ending in April 2009.”
Arcon, Mumbai’s first HIV and Aids research body, provides free of cost medicines and counselling to Aids patients. Some of them have undergone treatment at the centre for over a decade. Patients say that most of them experience social stigma owing to their illness and have faced humiliation in other government hospitals. Moreover, most of them are poor, and cannot afford private hospitals. So, if Arcon is shut down, they will be deprived of their “life-support”.
“Nearly 10,000 patients are registered with Arcon and all of them will stand to lose on quality treatment,” the PIL states. The petitioners urge the court to direct the Centre and the state to provide funds to keep Arcon going.
Petitioners’ advocate Amit Karkhanis told DNA, “We will mention the case before the court on Wednesday and seek a date for hearing.”

Mayawati’s mega project irks Noida
http://timesofindia.indiatimes.com/Cities/Mayawatis-mega-project-irks-Noida/articleshow/4432392.cms
22 Apr 2009, 0244 hrs IST, Megha Suri & Neha Lalchandani, TNN
NOIDA: When the Mayawati government started building a wall along four adjacent parks next to the Yamuna riverbed opposite Sectors 14-A and 15-A early last year, residents had thought it was just meant to protect the area. The parks, however, were soon made out of bounds for the people. It now transpires that site is being secretly turned into a grandiose Dalit memorial, the likes of which have dotted the state capital, Lucknow, during successive Mayawati regimes. The Yamuna Parks Users Association (YPUA) has filed a PIL with the Supreme Court-appointed CEC, seeking a stay on the construction which they allege is posing a huge danger to the adjacent Okhla Bird Sanctuary. The petition filed on March 5 claims that no environment impact assessment (EIA) was carried out for the project which is in clear violation of a 2006 ministry of environment and forest notification. The notification makes an EIA compulsory for all projects located within 10km of a protected area notified under the Wildlife (Protection ) Act — in this case, Okhla Bird Sanctuary — critically polluted areas notified by the CPCB — river Yamuna — or interstate boundaries —Delhi and UP. Extreme secrecy surrounds the project. Though no Noida officials is willing to talk about it, the project is rumoured to be “grander than the Akshardham temple” being built at a cost of around Rs 300 crore. All construction activity is hidden from view by large tin sheets. Nobody is permitted to enter the premises —when TOI attempted to enter the area, security guards said they have been instructed to allow only those with government-issued identity cards. A worker at the site claimed that the complex, spread across 8km from the Noida SP office to Amity University crossing, will house a museum, 11 statues of Dalit icons, including one each of Mayawati, Kanshi Ram and Ambedkar, crafted by BSP’s favourite sculptor Anil Ramsutar. Residents say work on the project started in January last year and Noida officials had told them that it was only a wall to protect and beautify the parks. “Initially, we thought that only a wall was being built to enclose the parks. But about seven months later, two parks were completely shut off for morning walkers and massive excavation work started inside with great secrecy and speed. Despite repeated attempts, and even an RTI petition, the government is not divulging any details about the project even as our parks have been eaten away,” said Kanan V Jaswal, president of the YPUA. Work is happening at a frenetic pace, round the clock. “There is massive noise and air pollution due to the large scale construction. Earlier, we could not see anything inside but now columns, about 30 feet high, have emerged from behind the tin sheets. Work goes on through the night. Since the CEC is yet to hear our PIL due to some internal issues, we are planning to file another petition directly before the Supreme Court, seeking an immediate stay on the work,” said Anand Arya, an avid birder and resident of Sector 15-A. Not only is the project coming up on the Yamuna riverbed, say residents, it has also sprung up at the cost of roughly 3,000 trees. “The concretization in such close proximity of the bird sanctuary has already resulted in a fall in population of some important migratory birds. The nesting pattern of the Indian Golden Oriole has also been affected. The noise and light pollution caused by the construction would be a serious disturbance in their natural habitat,” said Arya. Despite repeated attempts, nobody from the government was ready to comment on the project. TOI tried getting in touch with Noida CEO Mohinder Singh, senior BSP leader and cabinet minister Nasimuddin Siddique and the chief minister’s office in Lucknow. However, TOI was told that most people were out on election campaigning and there was nobody to respond to questions.

PIL filed against KoPT
http://www.thestatesman.net/page.news.php?clid=10&theme=&usrsess=1&id=251845
KOLKATA, April 21: The Haldia Dock Bachao Committee has filed a Public Interest Litigation (PIL) at Calcutta High Court against the Kolkata Port Trust authorities. The matter is expected to come up for hearing on 24 April. It has been mentioned in the petition that the present draught at Haldia river channel varies between 5.5 and 7 metres against the designated draught of 12.2 metres. The authorities though fully aware did not do much to resolve the matter, the petitioner alleged. This has resulted in a fall in the parcel size vessels visiting the port. With more small vessels visiting the port, a large number of them are waiting near the Sandheads. The other points raised in the PIL relate to, non-deployment of sufficient number of good dredgers and non-implementation of river regulatory scheme pending for a long time. The chairman of Kolkata Port Trust, the board of trustees of the port, the shipping ministry, chief vigilance commissioner, among others, have been made party to the case, it was learnt. n SNS

Now, PIL in SC over black moneyhttp://www.tribuneindia.com/2009/20090422/main6.htm
R SedhuramanLegal Correspondent
New Delhi, April 21Former Law Minister Ram Jethmalani, former Punjab police chief KPS Gill and four other prominent citizens have filed a PIL in the Supreme Court, seeking a direction to the Centre to bring back black money running into thousands of crores stashed away in tax havens overseas.
A three-Judge Bench, headed by Chief Justice KG Balakrishnan, agreed to hear the petition tomorrow after senior counsel Anil Diwan sought an urgent hearing. Former Lok Sabha Secretary General Subhash Kashyap is also a party to the PIL, which has named the Centre and five others – RBI, SEBI, Enforcement Directorate and CBDT (Finance Ministry) – as respondents.
Quoting media reports, the PIL placed the black money at Rs 70 lakh crore or 1.4 billion dollars. The amounts given in rupees and in dollars vary as Rs 70 lakh crore works out to 1.4 trillion dollars, while 1.4 billion dollars is equivalent to Rs 7,000 crore. The confusion was compounded as counsel Diwan, while mentioning the matter, gave a third figure – Rs 70,000 crore.
The PIL said the issue had been raised by BJP leader LK Advani while former Finance Minister P Chidambaram had “publicly acknowledged” that he was in the know of all these facts.
Citing actions taken by the US and other developed countries to bring back such money to their respective countries from Swiss and other secret bank accounts and the success achieved therein, the PIL said the Centre should take similar measures.
According to the petition, the Income Tax Department had served notices on one Hasan Ali Khan of Pune and his co-conspirators, demanding a tax of Rs 40,000 crore and Rs 20,580 crore, respectively.
The petitioners said the black money was siphoned off between 2002 and 2006. Half of this period pertained to the NDA rule and the remaining part to the present UPA government.

HC notice to Adani Group for mining land near Tiger Reserve
http://economictimes.indiatimes.com/News/News-By-Industry/Indl-Goods–Svs/Metals–Mining/HC-notice-to-Adani-Group-for-mining-land-near-Tiger-Reserve/articleshow/4430187.cms
21 Apr 2009, 1618 hrs IST, PTI
NAGPUR: The Bombay High Court has issued a notice to Adani Group for mining coal in 1,750 hectares of land at Lohara village in Chandrapur district closely located to buffer zone of Tadoba Andhari Tiger Reserve. Adani has been alloted coal blocks there for its Tiroda (Bhandara) power plant. A division bench of Bombay High Court here comprising of Justice Dilip Sinha and Justice Ashok Bhangale, yesterday decided to treat a letter it received from an environmental group as Public Interest Litigation (PIL) and directed the authorities to submit actual position. The consul for petitioner Neeraj Khandewale contended that the 1,750 hectares of land situated at Lohara village, alloted for mining to Adani Group, was posing danger to the Tiger Reserve as the area has been declared as “critical tiger habitat” by the concerned authorities. Tiger population is already dwindling and the mining project will further restrict free movement of wild animals in the tiger corridor across Maharashtra and Andhra Pradesh, the petition alleged. The mining activities will not only pose threat to the tiger population but also to the flora and fauna and would adversely affect free movement of wild animals in the area. The High Court bench was informed that Chandrapur district was already facing air pollution from Cement factories and Thermal power plants.

Delhi rape lends voice against prejudice to NE people
http://www.northeastdaily.com/delhi-rape-lends-voice-against-prejudice-to-ne-people
21 April 2009
Kohima: Nagaland Women Commission (NWC) has expressed “grave concern” over the insecurity of Naga girls and women in Delhi.
NWC chairperson, Sano Vamuzo in a letter addressed to National Commission for Women (NCW) said the atrocities and crimes particularly rape and molestation of Northeast/Naga girls and women has turned out to be daily occurrence, especially with the “most shocking and atrocious” rape and murder of six-year-old girl.
However, she felt that justice was a far cry, as so many cases reported were not given proper investigation nor proper trials pronounced.
“It seems to us that the authorities are less concerned for such atrocities being committed against our Naga citizens,” state women commission president bewailed.
NWC further pleaded National Commission for Women to intervene and take up issue with the responsible authorities to bring the culprits to book while ensure harshest punishment be awarded to the culprits.It expressed confidence that NCW would take up its grievances with earnest and deliver justice in particular to recent case.
In another statement Peren Town Women Welfare Organisation (PTWWO) “in the strongest term” has condemned the rape and murder of Gaipuilu Gangmei.
PTWWO president, Apeuna and secretary, Hailamrang asserted that the incident signified women and children of Northeast were not secure in National capital. The women leaders also implored upon the authorities to take appropriate action and bring the culprits to book and award befitting punishment.Further conveying condolences to the bereaved family, PTWWO has prayed for departed soul rest in peace.Naga National Council (NNC) has “vehemently” condemned all the rape cases in the Naga “country” which occurred recently.
Asserting that all those occurrences were despicable acts against human decency and civilised world, NNC information and publicity wing in a press note said these are totally against the rich culture and tradition of the Naga people and totally against Christianity which is our main religion in the Homeland.”Urging Naga people not to allow such act of despicable and inhuman behaviour in the Naga society, NNC insisted that rapists should be punished severely so that they become handicapped.
It particularly condemned “most inhuman and devilish act” of rape and murder of a six-year-old Naga girl in Delhi.
NCC said Delhi has become the main centre of inhuman and gruesome action of rape and murder in the world today.
“The Capital City (Powered Centre) of India called the largest democracy and champion of non-violence country in the World is the main centre of inhuman and gruesome action of rape and murder in the World now,” NNC charged.
Asserting that because of such action of cruelty, atrocities, killing, the Naga people do not like to live with Indians, NNC maintained that generally the North East people also do not like to live with Indians because of their nature of racial discrimination, hate, cruelty, killing, etc.
“The North East people have to unite and separate themselves with Indians now,” NNC advocated.

Apex court gives statutory shield to Sebi from tribunal
http://economictimes.indiatimes.com/Market-News/SC-gives-statutory-shield-to-SEBI/articleshow/4432102.cms
22 Apr 2009, 0027 hrs IST, Sanjay K Singh, ET Bureau
NEW DELHI: The Supreme Court on Tuesday said the Securities Appellate Tribunal (SAT) has no discretionary power to interfere with orders passed by market regulator Securities & Exchange Board of India (Sebi). Allowing Sebi’s plea, the court said the tribunal has to do what is prescribed under the statute. “When something is to be done statutorily in a particular way, it can only be done that way. There is no scope for taking shelter under a discretionary power,” said a bench comprising Justice Arijit Pasayat and Justice LS Panta. The court rejected the plea that the tribunal can interfere with the order passed by Sebi. The court also turned down the plea that under section 15 T (4) of the Act, the tribunal is empowered to pass such orders on the appeal as it thinks fit, confirming, modifying or setting aside the order of Sebi. Sebi had filed two appeals against order passed by the tribunal. In one case, Saikala Associates acted as a sub-broker at the National Stock Exchange with 2 NSE Members — MIS PCS Securities and M/S Zen Securities — without being registered as a sub-broker with Sebi between 2000 and May 2002. It had created the value of Rs 403.29 crore in breach of section 12(1) of the Securities and Exchange Board of India Act, 1992 (read with Rule 3 of the Securities and Exchange Board of India (Stock Brokers & Sub Brokers) Rules, 1992.) In the second case, Shilpa Stock, registered as a Sebi broker while executing trades on behalf of its client Kamlesh Shroff, had dealt with Jairam Enterprises, an unregistered sub-broker. Again, it was in violation of Sebi rule. The tribunal had said the proved charges were not serious enough to warrant suspension of certificate of registration and had set aside the Sebi order. Sebi challenged this in the apex court. The regulator had said in terms of Regulation 25 of the Sebi regulations & circulars, (stock brokers and sub-brokers), which was applicable prior to the amendment with effect from November 2, 2003, it was provided that any contravention of any provisions of the Act, rules and regulations is to be dealt with in the manner provided in Regulations 26 to 32 of the Regulation prior to the amendment with effect from September 27, 2002. The provisions of section 12(3) of the 1992 Act confer power on Sebi, by an order, to suspend or cancel a certificate of registration in such manner as may be determined by regulations, provided that no order under the said section will be made unless the person concerned has been given a reasonable opportunity of being heard, the appellant had said.
It had further said as per Rule 3 of the Securities and Exchange Board of India (Stock Brokers & Sub Brokers) Rules, 1992, the existing brokers & sub-brokers were allowed to continue business pending registration but no new person commencing the business of the broker or sub-broker after August 20, 1992 could do the business pending registration and could commence only after being registered. The court said, “In the instant case, the position of broker/sub-broker in case of violation is statutorily provided under Section 12 of the Act, which has to be read along with Rule 3 of the Rules. No power is conferred on the tribunal to travel beyond the areas covered by section 12 and Rule 3.”

Prosecution urges inquiry to determine if Kasab is juvenile
http://www.ptinews.com/pti/ptisite.nsf/0/8813CADFECD951BF6525759F0048C4CC?OpenDocument

Mumbai, April 21 (PTI) Ujjwal Nikam, special public prosecutor in the November 26 Mumbai terror attack case, today urged the trial court to order an inquiry to determine whether prime accused Mohammed Ajmal Amir Kasab was a juvenile when he allegedly committed crime.The prosecution asking for an inquiry before the start of the trial is considered significant in legal circles as it does want the accused to plead later that the trial had been vitiated as he was a juvenile.The court has already rejected Kasab’s plea that he was a juvenile at the time of commission of offence (November 26, 2008) when he and others had struck terror in Mumbai by firing at people, killing 166, in important public places.However, judge M L Tahilyani had kept the issue open and observed that at any time during trial if the court feels that the age of the accused be determined it may order an inquiry.Kasab’s lawyer Abbas Kazmi said he had no objection to the court holding an inquiry to determine the age of the accused. The inquiry would include scientific tests, he said.The judge heard Nikam and Kazmi on the issue and reserved the order until tomorrow.Nikam pleaded he should be allowed to lead evidence in the inquiry. There was sufficient evidence to prove that Kasab was not a juvenile, he said. PTI

HC notice on Olympian’s plea http://www.tribuneindia.com/2009/20090422/haryana.htm#12
Tribune News Service
Chandigarh, April 21Taking up a petition by Olympian judo player Divya of Panchkula against her non-selection as sub-inspector, Justice Ajay Tewari today issued notice of motion for May 29 to the state of Haryana, the state police chief and the chairman of the selection committee for special recruitment of sub inspectors in the police, and others.
The petitioner contended she had represented India in Beijing Olympics last year, though she did not get a medal. She applied for recruitment as a sub inspector in the Haryana police under the quota of 10 posts reserved for outstanding sportspersons. To her surprise, those participating in national level games were selected, ignoring her claims

Chawla-Gopalaswami ControversyBJP to consider legal course to seek info http://www.tribuneindia.com/2009/20090422/nation.htm#2
Tribune News Service
New Delhi, April 21Navin Chawla took over as the new Chief Election Commissioner succeeding N Gopalaswami, who relinquished charge yesterday. Chawla, 64, who was the senior-most election commissioner after Gopalaswami in the three-member panel, will remain in office till June 29 next year when he turns 65.
He will over see four phases of the polls. Today he called upon youth and rural voters to come out to vote to strengthen the democracy.
Within hours of assuming charge, Chawla faced flak from the BJP. “We have already seen the Chawla effect on the ongoing Lok Sabha polls,” BJP spokesmen Yashwant Sinha and Rajiv Pratap Rudy told reporters here while claiming that no police personnel were present at many booths when polling was on in the first phase in their respective parliamentary constituencies of Hazaribagh and Saran.
In the past, the BJP leadership has made no bones about its opposition to Chawla, claiming that he was biased in favour of the Congress party.
Both Sinha and Rudy claimed that they had complained to the EC about the non-deployment of security personnel in their constituencies and sought repoll in certain booths. Even five days after polling, the commission had not communicated to them its decision on repoll.
Their comments came a day after another senior BJP leader Arun Jaitley stated that his party would consider what future course of legal action was available to it after the government rejected his plea seeking details under the RTI of the recommendation made by Chawla’s predecessor N Gopalaswami seeking the latter’s removal as election commissioner.

Gujarat riots: SC for fast, fair trial http://www.tribuneindia.com/2009/20090422/nation.htm#12
R SedhuramanLegal Correspondent
New Delhi, April 21The Supreme Court today said it would “intervene” wherever necessary to ensure that fast track courts (FTCs) conduct a “fair trial” in cases relating to the 2002 Gujarat riots.
A three-Judge Bench headed by Justice Arijit Pasayat said the special investigation team (SIT) that was monitoring the probe would also keep a watch on the trial and submit quarterly reports to the apex court.
The Bench, which also included Justices P Sathasivam and Aftab Alam, made the assurance on the suggestions made by senior counsel Harish Salve, assisting the court as amicus curiae, and the apprehensions raised by the National Human Rights Commission (NHRC) and some of the NGOs.
Senior counsel Indira Jaisingh, appearing for some of the NGOs that are helping the victims and the witnesses, said it was possible that the supporters of the accused would enter the FTCs and threaten the witnesses. The Bench expressed the hope that the FTCs, with the help of the public prosecutors concerned and the SIT, would be able to ensure a fair trial. In case, it was still not possible, “we are here,” the Judges clarified.
The SIT, headed by former CBI Director RK Raghavan, had submitted its status report to the court in a sealed cover last week. Copies of the report were given to Salve and senior counsel Mukul Rohtagi, who represents the Gujarat government. The contents of the report were, however, carried by some newspapers in Gujarat. When Indira Jaisingh wanted to know how the report found its way to the media, the Bench said copies were given to the amicus and the state counsel in good faith and “whoever leaked it to the press had betrayed our trust. This is deplorable”.
While the court accepted a proposal for giving protection to the victims and witnesses and their families, it said another suggestion for giving a “subsistence allowance” to them was not possible as it would give rise to the allegation that they had been bought.
The Bench said the Gujarat High Court Chief Justice would appoint the PPs in consultation with the SIT chief. The SIT would suggest replacement of PPs or appointment of additional PPs wherever necessary.
Salve said the SIT had suggested the setting up of six FTCs to conduct the trial on a daily basis in the nine highly sensitive cases. The courts would be set up in five districts, including Ahmedabad, Mehsana, Saabarkantha and Anand. The trial in the Godhra train fire case would be held at Sabarmati Jail, Ahmedabad.

Focus on Article 370Fresh debate on special status to J and Khttp://www.tribuneindia.com/2009/20090422/edit.htm#6
by Balraj Puri
BJP general secretary Arun Jaitley has reiterated, during his election campaign in Jammu, that the abrogation of Article 370 of the Constitution, which guarantees special status to Jammu and Kashmir, was the key issue for his party. He has invited Chief Minister Omar Abdullah to debate with him on it.
Whether or not it remains the key issue of the party in the rest of the country, it promises to remain a perpetual controversy within the state where the coalition partner, the National Conference, had contested the election on the slogan of restoration of autonomy of the state. It is, therefore, necessary to seek an end to this controversy.
Omar had maintained that any change in the statues of the state would have to be done only by its constituent assembly, which ceased to exist in 1956. The constitutional validity of this stand was never tested by a judicial court. Never were series of measures for the erosion of autonomy of the state challenged in the court on this ground. Likewise Parliament has inherited all the powers of the Constituent Assembly of India.
Intriguingly, the Congress, which is locked in a contest with the BJP and not the National Conference, in two Lok Sabha seats in Jammu, has not joined issue with its rival. That tends to make it a Jammu-versus-Kashmir issue.
As for actual possibility of the abrogation of the Article is concerned, the BJP does not have the support of its own allies in the NDA.
Moreover, the Law Minister in the government led by it had declared that Parliament had no power to abrogate the Article unless the state assembly recommended it.
Not that the Article has entirely been used in the interest of the people of the state. For instance 73rd and 74th amendments to the Indian Constitution, which ushered in Panchayati Raj and local self government in urban areas, were not applicable to the state.
The most diversified state of the country, consequently, has been administered by a most centralised government, which is the root cause of most of the internal tensions within the state.
Similarly, autonomous institutions like the National Human Rights Commission and the National Women Commission have no jurisdiction in the state. Obviously, people of the state do not get any benefit for being out of the jurisdiction of these national institutions, which are autonomous of executive authority.
It was under the pressure of public opinion generated by some enlightened citizens that the state has just adopted the Central Right to Information Act.
If Article 370 is restored to its original position, central autonomous institutions like the Supreme Court, the Auditor General and the Election Commission would not have any jurisdiction over the state. These would be appointed and managed by the state government.
It would also facilitate the Union Government to manipulate affairs of the state. If the Supreme Court’s jurisdiction had extended to the state in 1953, Sheikh Abdullah could not be arrested under any law then in force in India.
It is the manner in which ruthless integration was imposed on the state by the post-Nehru leadership in Delhi and the manner the issue was posed as Kashmir versus Jammu and Kashmir versus India that provoked the people of Kashmir and alienated them.
It was the agitated mood of the people in 1965 over such measures of forced integration that might have tempted President Ayub of Pakistan to send its army men in the form of infiltrators to the state that led to the 1965 war.
National interest, in no way, is linked with the degree of integration of the state. Nor Jammu’s grievances have any thing to do with Article 370. Let people of Kashmir be free to discuss and decide — in consultations with people of other regions — the type of Centre-state relations that serve their interest.
Much damage was done to Kashmir’s emotional relations with India by the agitation for “Ek vidhan, ek pradhan and ek nishan” (one constitution, one head of the state and one flag) launched by Praja Parishad, Jammu affiliate of the Jana Sangh, in 1953 ostensibly to safeguard Jammu’s interest and the national interest.
Dr Shyama Prasad Mukerjee, the founder president of the Jana Sangh, came to lend his support to the agitation.
Jawaharlal Nehru, in a letter to Jayaprakash Narayan on July 29, 1953, observes: “Reactions in the Kashmir to the situation have weakened our position terribly and for the first time I feel very doubtful about the future.”
Dr Mukerjee had also entered into a prolonged correspondence with Pandit Nehru. Nehru had warned him also about the dangerous repercussions of the Jammu agitation on the Kashmir problem.
Eventually, Mukerjee in his letter dated February 17, 1953, agreed to support the Delhi Agreement that had conceded special status to the state provided the “principle of autonomy will apply to the province of Jammu as also to Ladakh and Kashmir valley.”
This was precisely what I was campaigning for and had succeeded in getting Nehru and Abdullah to declare at a joint press conference on July 24, 1952, that “when the constitution of the state is framed, it will provide for regional autonomies.”
The Praja Parishad agitation was finally withdrawn on July 3, after a meeting of its leaders with Nehru on this very formula.
Meanwhile, Dr Mukerjee’s death in Srinagar jail had created sharp reactions in Jammu and many parts of India with counter reactions in Kashmir. This had caused further tensions and complications in the situation which were a major cause of the August 1953 crisis when Sheikh Abdullah was dismissed from power and put under detention. From the Indian point of view, it was the beginning of the Kashmir problem.
After some months, according to Balraj Madhok, who became the president of the Jana Sangh after some years, the party withdrew its support to the formula Mukerjee had agreed viz autonomy of the state within India and of the regions within the state on directions from Nagpur (the RSS headquarters).
If the successors of Nehru, Abdullah and Mukerjee had stood by their joint agreement, on the issue of status of the state, alienation of the people of Kashmir would not have gone to the extent it exists today and the Kashmir problem would have been resolved long ago. Let their respective commitment be recalled and debated to find an end to the Kashmir imbroglio.

Judge hurt in acid attack
http://www.hindu.com/2009/04/22/stories/2009042254570700.htm
Staff Reporter
KAKINADA: In a shocking incident, Additional District and Sessions Judge B. Nagamaruti Sarma came under acid attack by a litigant Aake Suryanarayana on the court premises here on Tuesday.
Mr. Sarma was hearing a case in the morning when Suryanarayana threw acid on him from a window, causing minor burns to the judge. The court staff and others quickly overpowered Suryanarayana and handed him over to One-Town police. Mr. Sarma was given first-aid at the Government General Hospital.
An independent
More than the attack, the fact that Suryanarayana was contesting as Independent candidate for the Kakinada Lok Sabha seat and the Peddapuram Assembly constituency in the ensuing elections, took everyone by surprise. A small-scale businessman, he belongs to Venkata Krishnarayapuram village in Samalkot mandal.
Kakinada Bar Association (KBA) secretary M. Ravi Krishna told media persons that Suryanarayana had a history of putting several people in trouble by filing petitions on frivolous grounds. There were instances when he was reprimanded by Mr. Sarma for creating problems for others, but the former did not mend his ways. He seemed to have a grudge against Mr. Sarma for not getting a favourable verdict in a case.
Suryanarayana had created a flutter at the Collector’s office in July 2004 by trying to consume pesticide due to the alleged failure of the district officials in redressing his grievance related to a land dispute. KBA and A.P Judicial Employees’ Association have condemned the attack.

Nanjil Sampath’s detention under NSA quashed
http://www.hindu.com/2009/04/22/stories/2009042253950400.htm
Special Correspondent
“Detaining authority had not applied his mind”
CHENNAI: The Madras High Court on Tuesday quashed the order of detention under the National Security Act against Nanjil Sampath, propaganda secretary of the MDMK.
A Division Bench, comprising Justices D. Murugesan and C.S. Karnan, passed the order after hearing the submissions made by Vaiko (MDMK general secretary), counsel for Mr.Sampath, and Additional Advocate-General, S.Ramasamy.
The Bench said the detaining authority (DA) had not applied his mind to the contents of the bail order. The written submissions made by the detenu in support of his application for bail were neither placed before the detaining authority nor relied upon. The only document relied upon was the bail order.
Mr.Sampath’s wife Sasikala had filed a habeas corpus petition challenging the detention of her husband.
She submitted that he was arrested by the Tirupur North police on March 7 in connection with a speech made by him on Eelam Tamils at a hall meeting at Tirupur on March 1. He was later released on bail by the judicial magistrate with stringent conditions. By an order dated March 14, Mr.Sampath was detained under the NSA by the District Collector, Tirupur. She said the detention was arbitrary and illegal.
The Bench said it was well settled in law that if the detention order was questioned on more than one ground and the court accepted one ground of challenge made, irrespective of failure to satisfy the other ground, the order was liable to be quashed. There was non-application of mind.
Also mere awareness as to the material was not sufficient, but satisfaction on the basis of those material was relevant. On both the grounds the detention order was likely to be quashed.

Woman moves Bench seeking compensation
http://www.hindu.com/2009/04/22/stories/2009042258370300.htm
Staff Reporter
For being summoned to police station
MADURAI: A forty-year-old woman from Govindapuram in Dindigul has moved the Madras High Court Bench here seeking compensation for having been summoned to a police station in connection with an enquiry.
Justice K.K. Sasidharan on Tuesday directed a Special Government Pleader to take notice on behalf of the Home Secretary, Superintendent of Police, Inspector of Dindigul Taluk police station and other police personnel.
The petitioner, N. Kathija Beevi, pointed out that Section 160(1) of the Code of Criminal Procedure (Cr. P. C.) states that an investigating officer could require the attendance of any person under his jurisdiction for an enquiry with regard to a case.
However, a proviso to the Section stipulates that no male person below the age of 15 or a woman shall be required to attend the enquiry as a witness at any place other than the place in which the boy or woman resides. Further, sub clause (2) of the Section read that the State Government could provide for the payment, by the police officer, of the reasonable expenses of every person, attending the enquiry at any place other than his residence.
Pointing out that she and her physically challenged husband were summoned to the police station on many occasions to enquire about the whereabouts of their son-in-law, the petitioner claimed that it was done in violation of the Cr. P. C.
“I submit that the police officers had not provided expenses to me or my husband as per Section 160 (2) of Cr. P. C.,” Ms. Beevi, a flower vendor, said and sought a direction to the Government to initiate legal action against the personnel concerned.
Delving into the background of the case, she said that her son-in-law Mohamed Ilyas was arrested following a clash during Vinayagar Chathurthi procession and later released on bail with a condition to sign before the Dindigul South police station daily. When he went to the police station on December 8, one of the inspectors forced him to submit his photograph and finger prints. But he refused and lodged a complaint.
Irked over such behaviour, the police began to implicate him in several other cases. In view of continuous harassment, he left home by leaving his pregnant wife and his whereabouts were not known, the petitioner claimed.

Bagepalli MLA surrenders in court
http://www.hindu.com/2009/04/22/stories/2009042253920400.htm
Special Correspondent
CHICKABALLAPUR: Congress MLA for Bagepalli in Chickaballapur district N. Sampangi, against whom the police recently registered a criminal case, surrendered in a court in Gauribidanur on Tuesday.
Chickaballapur Superintendent of Police Ravindra Prasad said the Manchenahalli police in Gauribidanur taluk on Sunday registered a case against Mr. Sampangi for “assaulting or using criminal force to deter a public servant from discharging his duty”, under Section 353 of the Indian Penal Code.
Mr. Sampangi, who was likely to have been arrested on Tuesday, surrendered in the Judicial Magistrate First Class court in Gauribidanur.
Released on bail
The magistrate released him on bail, Mr. Prasad said.
Probationary Assistant Commissioner Rangappa, who heads the model code of conduct enforcement team in the area, had lodged a police complaint against Mr. Sampangi.
According to official sources, during a rally addressed by Karnataka Pradesh Congress Committee working president D.K. Shivakumar at Manchenahalli on Sunday, Mr. Sampangi allegedly prevented Mr. Rangappa from checking his vehicle, which reportedly did not have a permit from the Election Commission. Following a heated argument, the MLA allegedly pushed the official when he tried to check the vehicle.

Court expresses concern over leakage of Gujarat SIT report
http://www.hindu.com/2009/04/22/stories/2009042262650100.htm
Legal Correspondent
New Delhi: The Supreme Court on Tuesday expressed concern over selective leakage of the Special Investigation Team’s report on the Gujarat riots cases in the media, while reserving its verdict on a batch of petitions filed by the National Human Rights Commission and others.
A three-judge Bench of Justices Arijit Pasayat, P. Sathasivam and Aftab Alam took on record suggestions given by the amicus curiae, the NHRC, the Gujarat government and Citizens for Justice and Peace. The Supreme Court had stayed the trial of over a dozen cases following a demand for a probe by the Central Bureau of Investigation.
When senior counsel Indira Jaising complained to the court about a report (relating to Teesta Setalvad) in an English daily, quoting excerpts from the SIT report, Justice Pasayat said: “The SIT report is in a way a charge sheet given to the Supreme Court. That is why we have not given copies to all. We gave copies only to the State of Gujarat and amicus curiae.”
Justice Pasayat showed counsel copies of the SIT report given to the Court still in sealed covers. “If anybody has given a copy or access of the report [to the newspaper] he has betrayed the trust of this Court. We don’t approve of this. We deplore this…”
Justice Alam said: “Whoever did it, this is grossly unjustifiable. It should not have been done. It is a grossly irresponsible act and we feel ashamed.”
Ms. Jaising accused the Gujarat government’s senior counsel Mukul Rohatgi of divulging the contents of the SIT report to the electronic media. “I am entitled to speak to television channel,” Mr. Rohatgi retorted. However, Justice Pasayat cautioned Mr. Rohatgi not to mention anything selectively about the report.
Earlier, senior counsel Harish Salve, amicus curiae, in his suggestions underlined the importance of continuing with the SIT and taking directions from the Supreme Court from time to time. Justice Pasayat indicated that the SIT would continue to function. Mr. Salve pleaded for vacating the stay of trial in these cases.

312 charges proposed in 26/11 attack case
http://www.hindu.com/2009/04/22/stories/2009042257570300.htm
Staff Reporter
Against Kasab, Fahim Ansari, Mohammad Sabahuddin Ahmed, 35 others
Draft charges filed before the special sessions court at Arthur Road jail
Charges of criminal conspiracy are applicable to all the accused
MUMBAI: The prosecution has proposed 312 charges against the accused in the November 26, 2008, Mumbai attack case. The charges are against Mohammad Ajmal Amir Kasab, Fahim Ansari, Mohammad Sabahuddin Ahmed and 35 wanted accused.
Special Public Prosecutor Ujjwal Nikam filed the draft charges before the special sessions court at the Arthur Road jail. This step comes before framing of the charges. The charges of criminal conspiracy are applicable to all the accused.
The charges
It includes: committing terrorist acts with an intent to overawe the government, striking terror, waging war, organising and imparting training in Pakistan with the object of attacking major cities of India, destabilising the Indian government by engineering violence and through subversive activities, weakening India’s economic might, killing foreign nationals, adversely affecting Hindu-Muslim harmony, attacking territorial integrity by planning to capture Kashmir, smuggling firearms and explosives, exchanging maps of locations, aiding, abetting and facilitating terrorist acts, assisting criminal conspiracy and committing acts to further the objectives of criminal conspiracy.
Sections of the Indian Penal Code, Unlawful Activities (Prevention) Act, Explosive Substances Act, Explosives Act, Passport Act (Entry into India), Foreigners Act, Indian Railways Act, Prevention of Damage to Public Property Act, 1984, Bombay Police Act and Customs Act apply.
In the draft charges, each individual murder and act of infringement is listed separately with a corresponding section.
Mr. Nikam, on Monday, presented evidence against Ansari and Sabahuddin. He said the writing on the map found on the person of deceased accused, Abu Ismail, and that of Ansari was found matching by experts. The map showed the position of the Chowpatty and Malabar Hill. It had a mention of the Raj Bhavan.
Mr. Nikam said Ansari attempted to hire a room at Badhwar Park in Cuffe Parade where the terrorists docked. He found accommodation at Patthe Bapurao Marg up to 5 km from Badhwar Park. From there, Fahim allegedly made detailed maps of locations. He also bought a mobile phone in the fictitious name of Sahil Pawaskar. He got himself admitted to SoftPro computer institute opposite the Bombay Stock exchange, Mr. Nikam said.
Ajmal’s confession
In his confession, Ajmal has stated that Lashkar commander Zaki-ur-Rehman Lakhvi asked the terrorists to destroy the maps on reaching target locations. The statement mentions the names of Ansari and Sabahuddin. Ajmal even inquires with Lakhvi about the two.
Of the maps given out to the attackers, Ismail took the one for Chhatrapati Shivaji Terminus (CST) and Malabar Hill. This is the only map the investigators recovered. The others were presumably destroyed, said Mr. Nikam.
The prosecution has no direct evidence against Sabahuddin except for a witness statement and Ajmal’s confession. As per the witness statement, Sabahuddin allegedly met Ansari in Kathmandu, Nepal, and asked him about the maps commissioned by Lakhvi. Fahim is believed to have handed over the maps to Sabahuddin, who in turn passed them on to Lashkar.
When Mr. Nikam was making his case for Sabahuddin, the accused appeared to be amused. Sabahuddin who understands English asked the court in English for a pen and paper to jot down court proceedings in the absence of his lawyer, Ejaz Naqvi.
CallPhonex numbers
Mr. Nikam also gave details about the CallPhonex numbers used by the terrorists and their handlers, and details of Internet communication. (The Hindu, March 1, 2009). As per the probe conducted by the Federal Bureau of Investigation (FBI), the email id kharak_telco@yahoo.com, used to open CallPhonex account, was accessed from 10 Internet Protocol (IP) addresses. Five of these were in Pakistan and one was accessed by Col. R. Sadat Ullah of the Special Communication Organisation, Mr. Nikam said.
Mr. Nikam said that the Organisation was headed by senior Army officers of Pakistan. It operated from Pakistan-occupied Kashmir (PoK). The FBI is still investigating two proxy numbers.
Mr. Nikam also referred to the terror e-mail in the name of Deccan Mujahideen, sent to TV channels minutes after the attacks.
It was sent from the IP address of the above-stated address. It warned that the attacks would continue till certain regions were captured.
One of the numbers used by the terrorists belonged to Nariman Houses resident Holtzberg. Mr. Nikam said he was killed brutally and mercilessly.
I don’t get anything
Midway in the prosecutions address, Mr. Tahaliyani, perceiving Ajmal’s discomfort, asked him if he wanted to go back to his cell.
Ajmal promptly stood up and said, “I don’t understand anything.”
Mr. Nikam then duly interposed asking why one should presume Ajmal was uncomfortable. “Now he is smiling,” he remarked, and Ajmal was smiling indeed.

HC relief for petty offenders
http://timesofindia.indiatimes.com/Mumbai/HC_relief_for_petty_offenders/articleshow/4432103.cms
22 Apr 2009, 0439 hrs IST, TNN
MUMBAI: The high court on Tuesday directed the principal sessions judges in the state to oversee guidelines for releasing accused charged for bailable offences. The HC asked the judges to verify if the magistrates are ordering their release in seven days, if they are not able to come up with the bail amount. An RTI application revealed that of the 2,296 inmates in the Arthur Road jail, around 1,660 were charged with bailable offences.

Sewer case: DDA, DJB bosses face contempt
http://timesofindia.indiatimes.com/Delhi/Sewer_case_DDA_DJB_bosses_face_contempt/articleshow/4431509.cms
22 Apr 2009, 0240 hrs IST, TNN
NEW DELHI: The Delhi High Court on Tuesday issued contempt notices to the vice chairman of Delhi Development Authority (DDA), CEO of Delhi Jal Board (DJB) and MD of Delhi Small Industries Development Corporation (DSIDC) for failing to adopt safety and health measures for sewerage workers. A division bench comprising chief justice A P Shah and justice Neeraj Kaul decided to issue the notice after it was pointed out that despite HC’s detailed directives to the agencies in August last year, six workers died in March 2009. Unhappy that the DDA, DJB and (DSIDC) failed to comply with its orders on safety of contract labourers engaged in sewer-cleaning from falling prey to toxic gases, HC has asked the top honchos to explain by May 28 why they shouldn’t be punished. At the same time, HC hiked the compensation amount from Rs 1 lakh to Rs 2.5 lakh to sewerage workers in case of fatal injury and Rs 50,000 for those who receive injuries during their duty hours. In March last week, six sewerage workers had died allegedly after inhaling poisonous gases in areas ranging from Narela to Bawana to Sunder Nagar. Initial reports indicted DJB for not following requisite safety precautions and issuing poor quality equipment to the workers, in clear violation of HC ruling of last year. The HC directive included providing protective equipments to the sewer workers and extending statutory benefits like provident fund, gratuity and bonus. The bench had added in its order, free medical treatment to sewer workers to be provided by DJB and other authorities and during their illness, neither DJB nor any contractor who engaged them would terminate their services. HC had taken a dim view of the manner in which agencies had tried to wriggle out of paying any money or taking care of the workers because technically they weren’t employees of DJB or DDA but on contract. It had made it clear its safety cover would be applicable to all sewerage workers and had asked DJB and civic agencies to pay compensation or ex-gratia of Rs 1 lakh to workers in case they fall prey to work-related ailments and later recover the amount from contractors. It also constituted a committee under a retired chief secretary of the Tripura government to ensure compliance of the court directions. The DJB in one of its report to the court had informed that as many as 36 sewerage workers had died due to work-related diseases and injuries between 2002 and July 2008. The Bench was hearing a PIL filed by the National Campaign for Dignity and Rights of Sewerage and Allied Workers, an NGO, through their counsels Colin Gonzalvis and Jai Singh alleging DJB for the same.

Court orders property attachment of absconding IM men
http://timesofindia.indiatimes.com/Delhi/Court_orders_property_attachment_of_absconding_IM_men/articleshow/4431689.cms
22 Apr 2009, 0241 hrs IST
NEW DELHI: A city court has ordered the initiation of attachment of property of two alleged Indian Mujahideen terrorists who managed to escape after a controversial encounter which claimed life of decorated Delhi Police officer Mohan Chand Sharma last September.
“Let the process under section 83 (attachment of property of person absconding) of the CrPC be issued against both accused Ariz Khan and Shahjad Ahmed,” ACMM Navin Arora of Patiala House Courts said. Ariz Khan and Shahjad Khan, both hailing from Azamgarh in Uttar Pradesh, first entered into a gunbattle with Delhi Police on September 19 last year at L-18 Batla House flat in Jamia Nagar locality and later gave them the slip, police alleged.
Besides police inspector Mohan Chand Sharma, Atif Ameen, the prime accused of Delhi serial blasts and co-accused Sajid, were also killed in the encounter. Mohd Saif was the sole Indian Mujahideen suspect who was caught alive, the crime branch of Delhi Police said.
The police, which has so far failed to nab the two alleged terrorists carrying Rs one lakh each as reward on their heads, recently got the proclamation order from the court against them.

Why security to Aravali miners, wonders HC
http://timesofindia.indiatimes.com/Delhi/Why_security_to_Aravali_miners_wonders_HC/articleshow/4431925.cms
22 Apr 2009, 0152 hrs IST, Vishal Sharma, TNN
chandigarh : Punjab and Haryana High Court was on Tuesday taken aback by the Haryana counsel’s disclosure that 13 persons, including big names involved in mining in the Aravali region, were getting paid security while 35 others had been given security cover following court orders. The court wondered at the state largesse to miners like Aman Sethi, Som Sethi etc., who were pitted against the government in the apex court. The HC made its displeasure quite clear when it almost chided the state for providing security to big industrialists and mining sharks even as the ordinary man was crying for safety. The court wanted to know what the threat perception of these moneybags was it said they could easily afford private security and what was the method of assessing the threat perception. Dumbfounded by the caustic observations, the state counsel had no replies and the matter had to be adjourned for Wednesday. The scathing remarks by the court came in the wake of a plea by a Panchkula-based father-son duo, Sandeep Singla and Montey Singla, that they apprehended elimination by former Punjab DGP NPS Aulakh’s brother and land mafia and were hence seeking police protection. The HC had already issued notices to various respondents, including Harinderpal Singh Aulakh (real brother of DGP NPS Aulakh) and Mohali SSP and also directed Haryana cops to provide security cover to the petitioners. Interestingly, even as the duo got protection, the Panchkula police came up with a bill of Rs 40,000 as a fee for providing cover. The police demand irked the court no end and it wondered how cops could claim money for security provided on the orders of the court. The petitioners had moved HC on the ground that they were facing a threat from the land mafia that included Harinderpal Singh Aulakh and various anti-social elements. The petitioners submitted that the mafia did not want them to execute a sale deed related to a land measuring 8 kanal and 16 marla located at Bhabat Village within the municipal limits of Zirakpur.

Gymkhana gets HC relief on MRP
http://timesofindia.indiatimes.com/Delhi/Gymkhana_gets_HC_relief_on_MRP/articleshow/4431508.cms
22 Apr 2009, 0240 hrs IST, TNN
NEW DELHI: The Delhi High Court has granted relief to Delhi Gymkhana Club by holding that it can sell beverages and refreshment to customers at a price higher than the MRP. Allowing the Club’s petition, Justice Geeta Mittal said “Consumption of any refreshment or beverage by a member or a guest at a club would not bring him within the definition of the consumer” and quashed the proceedings before the consumer court and its notice against the club in 2006. By extension, HC clarified that the Standard of Weight and Measures(SWM) Act do not apply to the Club as it is neither a ‘hotel’ nor a restaurant. In its petition the club challenged the Consumer Dispute Redressal Forum’s notice on a complaint filed by one of the club members Harish Tripathy alleging the club was charging more than MRP for a bottle of water or cold drink even though the members paid a monthly sum as fee. “The service rendered by the club in making available to its members/guests food items and beverages, packaged or in any other form for their convenience and consumption in a comfortable atmosphere provided at the premises of the club cannot be treated as a `sale’,” the court concluded agreeing with the club that a customer was not just consuming a drink but also availing the facilities like air conditioning, interior decoration etc. The club argued that it needed to levy extra charges to hire a staff and train them, pointing out that the sale of commodity is just incidental to the real service rendered.

Acid attack on judge, CJ seeks report
http://timesofindia.indiatimes.com/Hyderabad/Acid_attack_on_judge_CJ_seeks_report/articleshow/4432030.cms
22 Apr 2009, 0509 hrs IST, TNN
HYDERABAD: Expressing serious concern over the lack of security for the lower-level judicial officials, several judges of the AP High Court on Tuesday conveyed their apprehensions to the Chief Justice Anil Ramesh Dave after the Tuesday’s acid attack on one of the district judges in East Godavari district. The chief justice has called for a report on the alleged incident from the district and sessions judge of East Godavari. A litigant, R K Satyanarayana, threw acid on Nagamaruthi Sarma, an additional district judge in Kakinada. Sarma, who is also acting as chairman of the district legal services committee, reportedly refused to entertain a frivolous petition from Satyanarayana. The litigant bore a grudge and attacked the judge. He threw acid on the judge through a window when the judge was sitting on the bench. However, nothing happened to the judge. Justice A Gopal Reddy, portfolio judge of the district, ascertained the details and passed them on to the chief justice.

Bijal gangrape case: HC rules out bail to 5 convicts
http://timesofindia.indiatimes.com/Ahmedabad/Bijal_gangrape_case_HC_rules_out_bail_to_5_convicts/articleshow/4431904.cms
22 Apr 2009, 0617 hrs IST, TNN
Ahmedabad : Gujarat high court on Monday rejected bail applications of Delhi-based businessman Sajal Jain and four others convicted for the gangrape of 24-year-old Bijal Joshi on the New Year’s Eve in 2003. Along with Sajal, Chandan and Ashok alias Mandan Jaiswal, Sugam Jaiswal and Dharmendra alias Karan Jain were sentenced to life imprisonment by a city sessions court last year for torturing and gangraping the girl and driving her to suicide. A division Bench of Justices Jayant Patel and RH Shukla heard detailed arguments of senior defence lawyers from the high court as well as the Supreme Court, on behalf of the five guilty and highlighted infirmities in this case. They claimed that it was not a case of gang rape and evidence were not properly accepted by the lower court. However, the judges held that the appreciation of evidence would be done during the hearing of the appeals against the lower court’s judgment. They also observed that the doctor, who examined Bijal, had stated that it was shocking to see the injuries on the victims body. The doctor also observed that the girl was extremely frustrated and withdrawn. The high court too described Bijal’s injury marks and observed, “This leads to a strong circumstances of the manner in which the gang rape was committed and in such cases, the gravity of offence is very high…keeping in view the seriousness of the offence, the normal approach of the court would be not to release the accused on bail.” The lower court had acquitted seven granting them the benefit of doubt, but convicted the five. The trial in this case witnessed many ups and downs running in-camera for some four years. Coming from influential business families based in Delhi, Ahmedabad and Ajmer, the case nearly collapsed on several occasions with questions raised on the DNA matching, handwriting in Bijal’s suicide note, and cell phone records.

Stringent laws invoked against truck owner, driver, cleaner
http://timesofindia.indiatimes.com/Pune/Stringent_laws_invoked_against_truck_owner_driver_cleaner/articleshow/4431860.cms
22 Apr 2009, 0544 hrs IST, Asseem Shaikh, TNN
PUNE/YEVAT: The Yevat police on Tuesday invoked stringent provision of culpable homicide not amounting to murder against the owner, driver and cleaner of the truck involved in the death of 19 people on the Pune-Solapur road near Yevat, about 40 km from here, on Sunday night. The identities of the suspects are not known as they had gone absconding after the incident. “Investigations revealed that the owner was not present at the time of the incident, but he was booked under section 304 of the Indian Penal Code because he had permitted the driver and cleaner to overload the vehicle with iron bars and illegally ferry passengers,” said sub-inspector Shashikant Khot. According to Khot, “The passengers, who were labourers, sat on the iron rods and they were crushed to death when the bars rolled on them after the truck overturned at Bhand village.” Khot said, “In usual cases of mishaps, the driver is booked for rash and negligent driving under section 304 (a) of the IPC, but in this case the owner was booked under stringent provisions as he had intentionally permitted the driver and cleaner to ferry passengers despite been aware of the fact that there was a severe threat to their lives”. A police team will leave for Andhra Pradesh for tracing the suspects after the Lok Sabha elections are held on April 23, he added. The police have also booked the suspects under sections 184, 66 (1), 192,134 (a) (b), 113 read with 119 of the Motor Vehicles Act. The Andhra Pradesh registered (AP13/W6527) truck had left Kalyan for Hubli late on Sunday evening. On the way, the driver had picked up 34 people from places like Kalyan, Dehu Road, Phugewadi and Kasarwadi, offering them cheap transport. The truck driver lost control over the vehicle near Bhand village at 12.30 am and it landed in a field along the highway. As many as 19 people, including eight children, died on the spot after being trapped under the iron bars, each weighing about 600 kg. Fifteen others were injured in the incident.

Ply ore-laden trucks only after donating Rs 3L: HC
http://timesofindia.indiatimes.com/Goa/Ply_ore-laden_trucks_only_after_donating_Rs_3L_HC/articleshow/4432162.cms
22 Apr 2009, 0444 hrs IST, TNN

PANAJI : The high court of Bombay at Goa on Tuesday allowed a mining company, Rajaram Bandekar (Sirigao) Mines Pvt Ltd, to ply its ore-laden trucks through the Shirgao village on April 23 and 24. The court also ordered the company to donate Rs 3 lakh to the Larai Saunsthan, Shirgao. The court pointed out that plying of the ore-laden trucks was subject to the company donating the prescribed amount. A bench comprising Justice B P Dharmadhikari and Justice U D Salvi passed the orders after hearing an application filed by the mining company seeking modification of the court’s earlier directives. It may be recalled that on April 17, the court had directed the mining companies operating in the area to stop plying their ore-laden trucks through the village from April 23 to May 3 in view of the famed ten-day Larai zatra being celebrated in Shirgao. When the application came up for hearing on Tuesday, the mining company’s counsel Agnelo Diniz told the court that his client would face huge losses daily if transportation of iron ore was stopped. “The company requires an additional five days for transporting the ore to its destination,” he told the court. At this point, amicus curiae Norma Alvares while pointing out that the festivities would begin from April 23 onwards, argued that constant plying of trucks though the village would raise clouds of dust and would disturb the festivities. Subsequently, the court suggested that the mining company should make a small donation to Goddess Lairai of Shirgao in view of the upcoming zatra. “Goddess Lairai would be pleased with the donation and would bless the mining company for its generosity,” the Bench remarked. The court also made it clear that the concession given to the mining company would be applicable only for April 23 and 24 and not for five days as demanded.

Fiza moves court
http://timesofindia.indiatimes.com/Chandigarh/Fiza_moves_court/articleshow/4432448.cms
22 Apr 2009, 0318 hrs IST, TNN
MOHALI: Fiza Mohammad, ex-wife of former Haryana deputy chief minister Chander Mohan, filed a case against him in Mohali district court on Tuesday. Talking to mediapersons at her residence here, Fiza said she was driven to take the step as Punjab police were not able to get her justice. Sources said that the Mohali chief judicial magistrate issued a notice to police seeking a status report in the case by May 11. Fiza told mediapersons that she would be campaigning against Bhajan Lal in the coming Lok Sabha elections.

Accused of raping teen, man let off
http://timesofindia.indiatimes.com/Chandigarh/Accused_of_raping_teen_man_let_off/articleshow/4432474.cms
22 Apr 2009, 0335 hrs IST, TNN
CHANDIGARH: Accused of repeatedly raping a girl since she was 13 years old, Balbir Rahi walked free on Tuesday when a local court held that prosecution had failed to prove the charges. The prosecution had claimed the victim got in touch with the accused in 1998. He reportedly used to frequent her friend’s place, and it was here that they had met. Her ‘‘ordeal’’ began in 1999, when Rahi allegedly became intimate with her and forced her into a physical relationship with the promise of marriage. He then allegedly threatened the girl of dire consequences and continued violating her, claiming they would marry once she attained suitable age. In 2003, after the girl reportedly took her parents into confidence, it was claimed both the families decided to get the two married once the girl was no longer a minor. The prosecution stated though the youth continued to sexually exploit the girl through 2006, he kept delaying marriage. The girl moved a complaint to top cops, following which an FIR was registered in 2007 under Sections 376 (rape), 323 (voluntarily causing hurt), 420 (cheating) and 506 (criminal intimidation) IPC. The court framed rape charges in December 2008, and in February 2009, the ‘victim’ recorded her statement in court. Eight witnesses were produced by prosecution. However, defense counsel AS Chahal said Rahi was falsely implicated and that it was a case of consensual physical relationship. ‘‘Not only was the victim’s statement conflicting, but the claims could not be supported either by witness account or medical evidence,’’ he said.

PIL against working of shrine board
http://timesofindia.indiatimes.com/Chandigarh/PIL_against_working_of_shrine_board/articleshow/4432478.cms
22 Apr 2009, 0338 hrs IST, TNN
CHANDIGARH: Raising a question mark against the activities undertaken by Shri Mansa Devi Shrine Board, an RTI application threatens to land not only the religious body, but also the state of Haryana and Panchkula DC in a distasteful situation. Acting on a PIL filed by RK Garg, a division bench of the Punjab and Haryana High Court on Tuesday issued notices for July 13 to state of Haryana, Panchkula DC and the shrine board. The petitioner’s counsel, HC Arora, submitted that under Haryana Shri Mata Mansa Devi Shrine Act, 1991, nine members had to be appointed from amongst public/devotees, in addition to four official members, including CM, local government minister, financial commissioner and Panchkula DC. However, information obtained under RTI states Haryana failed to appoint the nine nominated members, with the result that all activities of the board were illegal and void ab-initio as the Act mentioned that a minimum five members were required to complete the quorum. With four official members insufficient to complete the quorum, the plea stated, some government members were allowed to participate in board meetings as special invitees, thereby misleading devotees. To drive home the point, the petitioner also brought up the issue of sale of gold items, including coins and pendants, by the board, emphasizing the absence of nominated members had led to public interest getting sidelined. Under a specially devised scheme in 2003, the board reportedly minted gold ornaments into 4g gold coins and 8g pendants (Mangalsutras), and priced them at Rs 5,100 and Rs 2,600 per piece, respectively. It was then decided to sell these at the rates fixed, irrespective of the rise or fall in market price of the metal. Stressing on the sorry state of affairs, the petitioner alleged from December 2005 to January 2006, when gold rate had gone up, the shrine board ‘‘clandestinely’’ sold coins and pendants in bulk, causing a huge loss to the exchequer. Garg sought directions to the state of Haryana to nominate nine ‘‘public’’ members or devotees and also called for a vigilance inquiry into the alleged irregularities.

If law opposes dhirios, we are against them: BJP
http://timesofindia.indiatimes.com/Goa/If_law_opposes_dhirios_we_are_against_them_BJP/articleshow/4432163.cms
22 Apr 2009, 0445 hrs IST, TNN
PANAJI: At a press conference on Monday, BJP spokespersons Govind Parvatkar and Rajendra Arlekar were asked about the BJP’s stance on cow protection as it was not mentioned in the party’s manifesto. “Of course, we are for it,” Parvatkar said. However, both BJP members seemed all at sea when asked about the party’s stance on dhirios’ (bull fights). Incidentally, Congress candidate Francisco Sardinha has made a promise that he will set up a bull fight arena for the sport. “If the law is against dhirios’, then we are against it,” Arlekar replied. It may be recalled that the state assembly had adopted a private member’s bill to regularize dhirio as a traditional sport. Introduced by Curtorim MLA, Aleixo Reginaldo Lourenco, the Prevention of Cruelty to Animals (Goa Amendment) Bill, 2009 was almost unanimously passed by the House, but for speaker Pratapsingh Rane who voiced a different opinion. State opposition leader Manohar Parrikar and Lourenco quipped that Goa’s gambling Act was meant to prevent gambling, but said casinos had been allowed through an amendment. Meanwhile, tongues have not stopped wagging after the MGP left out the Marathi language issue from its manifesto. “It has to be solved at the state level first, before being taken up in parliament. It is number one on our manifesto during the assembly elections,” MGP candidate Pandurang Raut said.

Samples match in Mittal case
http://timesofindia.indiatimes.com/Chandigarh/Samples_match_in_Mittal_case/articleshow/4432494.cms
22 Apr 2009, 0342 hrs IST, Rajinder Nagarkoti, TNN
PANCHKULA: More than two months after alleged Panchkula-based financier Vinod Mittal and his four-year-old son Yashan went missing, hope went out for Mittal family on Tuesday when a forensic report confirmed that blood samples taken from his car matched those of Vinod’s father Ved Prakash Mittal. The report was sent by the forensic lab in Madhuban in Karnal to Panchkula police on Tuesday. The police had taken blood and hair samples from the car, which police had recovered from Hanumangarh in Rajasthan. The accused had confessed during their interrogation that they had murdered Vinod inside the car and later dumped his body in Rajpura canal. Despite the confession, the Mittal family were hoping Vinod and Yashan could be alive and were awaiting forensic test report, for which they had personally met the Panchkula SP. Mittal senior had gone to Madhuban lab to give his blood sample for the test. Though Panchkula police had managed to arrest six persons, including the prime accused Raju’s mother-in-law, Raju and his wife Shilpa were still evading police dragnet. In the case, the Panchkula police took help of Delhi, Rajasthan, Gujarat and Maharashtra police. At present, the police have stopped the search operation to locate the bodies in the canal but are checking from different police station alongside the canal to know about recovery of any bodies, sources added. Cash award Panchkula police on Tuesday announced a cash award of Rs 25,000 to anyone who provides information on the whereabouts of accused Raju and his wife Shilpa. The couple is still at large and despite raids conducted in various parts of Gujarat, Maharashtra and Rajasthan, police have failed to nab them.

Woman files writ seeking probe in her son’s death
http://timesofindia.indiatimes.com/Allahabad/Woman_files_writ_seeking_probe_in_her_sons_death/articleshow/4436627.cms
22 Apr 2009, 2114 hrs IST, TNN
ALLAHABAD: A woman has filed a writ petition in the high court seeking investigation of her son’s death. Her son had died in a swimming pool on August 29, last year, during the inter-school Basketball competition held in Bishop Johnson School here. The bench comprising Justices Amar Saran and SK Tripathi asked the state government to file its affidavit in the case within a month. The writ petition has been filed by Vandana Arya. An FIR in the incident was lodged at the Civil Lines police station. She has alleged that her son died due to the negligence of the college administration. In the petition, principal and teacher of Spring Dale college, Lucknow and principal of Bishop Johnson, Allahabad have been made party.

HC adjourns hearing in UPPSC exam case
http://timesofindia.indiatimes.com/Allahabad/HC_adjourns_hearing_in_UPPSC_exam_case/articleshow/4436626.cms
22 Apr 2009, 2114 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has adjourned hearing of a writ petition till April 27, wherein reservation provided in the preliminary examination of combined state/upper subordinate examination-2007, conducted by UP Public Service Commission (UPPSC) was challenged. The order was passed by a bench comprising Justices Janardan Sahai and Yogeshwar Kumar Singh on a writ petition filed by Dharam Singh, a PCS aspirant. It might be recalled that UPPSC on March 3, 2007 had published an advertisement for the state service examination for the posts of SDM, DySP, etc. The preliminary examination was held on September 30, 2007 and the results were declared on February 1, 2009. The writ petition alleged that the reservation provided to SC/ST and OBC candidates in the preliminary examination was illegal.

Court summons superintendent for non-compliance
http://timesofindia.indiatimes.com/Kanpur/Court_summons_superintendent_for_non-compliance/articleshow/4436525.cms
22 Apr 2009, 2132 hrs IST, TNN
KANPUR: The additional district and sessions Judge II of Kanpur Dehat, C M Dixit, on Wednesday, took the non-compliance of court order seriously and summoned the superintendent, Women Rehabilitation Centre and asked her to appear before the court and explain why a case be not registered against her and a warrant of arrest be not issued against her. The presiding judge in his order asked the superintendent to appear in person before the court along with Sweta, daughter of Satyaveer Yadav on April 24. The judge observed that prima facie it appears that the superintendent had not taken the court order seriously and thus the court presumed that she had neglected the court order. The judge passed the order in a criminal revision in which complainant, Sudha Yadav had claimed that the superintendent had not responded to the court order and as a result not appeared before the court. The Judge had summoned the superintendent on a previous date and had asked her to produce the girl before the court today. According to prosecution story complainant, Sudha Yadav employed in Jaipur had came to Shivali town to attend a marriage on February 20. Her daughter, Sweta was with her. One Pankaj Yadav enticed the girl and the two ran away from the Shivali town. The police nabbed the boy, Pankaj and recovered the girl on March 12. Later, police produced both the boy and the girl before the judicial magistrate . The presiding magistrate sent the girl, Sweta, who was a minor at that time to Women Rehabilitation Centre instead of giving her in custody of her parents. Aggrieved by that order mother, Sudha Yadav filed a criminal revision before the court. The court summoned the superintendent and had asked to produce the girl also before the court. The superintendent overlooked the court order and did not appear in the court.

EDITORIAL COMMENT Misplaced Morality
http://timesofindia.indiatimes.com/Editorial/EDITORIAL_COMMENT__Misplaced_Morality/articleshow/4430713.cms
22 Apr 2009, 0000 hrs IST
Why are we so squeamish about sex education? Some time ago, a bunch of state governments across the country opposed the inclusion of sex education in school curricula. Now a parliamentary committee on petitions headed by the BJP’s Venkaiah Naidu has recommended that there be no sex education in schools as it “promotes promiscuity”. The committee was addressing a petition filed in 2007, which called for a debate on the implementation of sex education in schools. This is as regressive as it can get. One wonders which world these politicians live in, if they believe that children between 14 and 18 years do not need to be introduced to issues of sexual health. At 18, you have the right to vote in India but please do not expect to have access to credible information about reproductive health through your school. The rationale behind the committee’s wisdom is similar to the warped logic given by the state governments earlier: sex education is against ‘Indian culture’. The committee says, “Our country’s cultural and social ethos are such that sex education has absolutely no place in it.” May we remind these interpreters and custodians of ‘Indian culture’ that getting children in this very same age group in question married off had social sanction till not very long ago? Indeed, it is the case in many parts of our country even today. If sex is a reality in our society, why is talk about sex taboo? In fact, what these advocates of the ‘Indian tradition’ are trying to impose is a set of Victorian mores. Now, that is what is really alien to our way of life. At a time when telecommunications has made it possible to access almost any information with the click of a mouse or by switching on the telly, it simply does not make sense to adopt an ostrich-like attitude and pretend that our youth live in an asexual world. It’s all the more important, therefore, to ensure that they can get reliable information about safe sexual behaviour and related issues through the right channels. Schools have a vital role to play in ensuring this, as do parents. Unfortunately, as a society, we choose to play morality games instead of growing up. Let’s face it: our youth are sexually aware and active at a younger age today than before. It is in the interests of their health physical and emotional that we need to talk to them sensibly about sex.

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4 Responses

  1. […] LEGAL NEWS 22.04.2009 « Advocate Kamal Kumar Pandey It now transpires that site is being secretly turned into a grandiose Dalit memorial, the likes of which have dotted the state capital, Lucknow, during successive Mayawati regimes. ….. Chandigarh, April 21Taking up a petition by Olympian judo player Divya of Panchkula against her non-selection as sub-inspector, Justice Ajay Tewari today issued notice of motion for May 29 to the state of Haryana, the state police chief and the chairman of the selection committee for …http://advocatekamalkumarpande .. […]

  2. Intriguing blog. My colleagues and I were just talking about this the other night. Also your post looks nice on my old sidekick. And thats rare. Keep it up.

  3. This is fantastic! How did you learn the subject when you were new to it?

  4. Sir,
    please send the obc serial number for servai community in karur district for applying central goverment jobs

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