LEGAL NEWS 23.05.2009

HC stays order on cricket body

23 May 2009, 0357 hrs IST, TNN

PATNA: A single bench of the Patna High Court presided by Justice R K Datta on Friday stayed the order of the member, Board of Revenue, which had set aside the order of IG (registration) cancelling the registration of Bihar Cricket Association (BCA).

The order was passed on the writ petition of Association of Bihar Cricket (ABC) headed by former India team cricketer and BJP MP Kirti Azad, who submitted that the BCA had in its petition before the member, Board of Revenue, did not make the ABC a necessary party.

ABC’s writ petition challenged the order of the member, Board of Revenue, restoring the registration and existence of BCA headed by RJD state president and MLA Abdul Bari Siddiqui.

Saran school teachers:

A division bench dismissed a bunch of LPAs filed by the state government challenging the order of a single bench to allow the continuance of the basic school teachers appointed in government high schools in Saran district in 1985 till a proper selection procedure is adopted to appoint only trained teachers.

The matter related to appointment of 264 teachers against 129 sanctioned posts in the government basic schools in Saran district by the regional deputy director of education with many appointed teachers having no requisite qualification of trained teacher.

The stand of the state government was that only trained teachers could be appointed in the basic schools and, therefore, the appointments were illegal.






Notice to BCI on age limit for LLB course

22 May 2009, 2249 hrs IST, TNN

ALLAHABAD: The Allahabad High Court has issued notice to the Bar Council of India (BCI) on a writ petition challenging its resolution passed on September 14, 2008, whereby maximum age for admission in three years LLB course has been fixed as 30 years.

Justice Arun Tandon has fixed May 28 to hear the case. Allahabad University and MJP Rohilkhand University have also been made party in the petition as respondents.

The writ petition has been filed by Neelita Jauhari. The petitioner has alleged that under the Advocates Act, standards can be laid down for legal education, but the BCI has no authority to fix maximum age limit for the admission of the students in universities. The petitioner said that admission in a particular course is a sole domain of the universities.






BSNL case: Nokia Siemens to move local HCs

23 May 2009, 0200 hrs IST, ET Bureau

NEW DELHI: Global networks major Nokia Siemens Networks (NSN) will now approach the Chandigarh High Court (HC) and may also appeal at the high courts of Mumbai and Hyderabad next week seeking a stay on BSNL’s network contracts worth $6 billion, which were awarded to Sweden’s Ericsson and China’s Huawei. This follows Delhi HC dismissing its petition on jurisdiction grounds.

On Thursday, NSN had filed a petition in the Delhi HC challenging BSNL’s decision to disqualify the company’s bid on technical grounds. During the proceedings on Friday, senior counsel Vikas Singh, appearing for state-owned BSNL, pointed out that the tenders challenged by NSN were floated in Chandigarh, Mumbai, Hyderabad and Kolkata zones of BSNL and were outside the jurisdiction of the Delhi High Court. Following this, the division bench of the Delhi HC dismissed NSN’s petition, while adding that the company could approach the appropriate high courts, which had the jurisdiction on the issue.

BSNL also rejected Nokia Siemens’ allegations that it (BSNL) had failed to maintain transparency in the tender process: “The whole process is just to delay BSNL’s expansion process. NSN was aware that there was a shortfall in their technology. They were told by BSNL that there was a shortfall in their technology,” Mr Singh said.

The BSNL counsel also said that NSN itself admitted that they were technically not qualified for the tender. With regard to NSN’s allegations that BSNL had not informed the company of its disqualification, Mr Singh said that rules laid down by SC stated the shorlisted bidders need to be informed only in big contracts.

BSNL executives suspect that NSN is attempting to delay the telco’s expansion plans. The PSU is already facing capacity crunch across the country and any further delay in awarding the contracts will result in the company falling a long way behind private operators, as it would be unable to expand its services. BSNL executives point out that Motorola had filed a similar petition in the Delhi HC in 2006, which delayed its expansion plans by about a year. Later, Motorola withdrew the case.

Meanwhile, senior advocate Abhishek Manu Singhvi, who appeared for NSN, alleged that BSNL had shortlisted Huawei, despite security concerns. “Huawei is a Chinese firm and there are security concerns. Moreover, government circulars mention that you could not have an enemy power in telecom and aviation sectors,” he said.

But, BSNL executives maintain that they had opened the bids only after getting security clearance to award the contract to Huawei. Last week, security agencies had allowed BSNL to give contracts to Huawei only in the southern states, as this region does not share sensitive borders with countries, such as Pakistan, China and Bangladesh. BSNL executives also add that while Huawei was shortlisted in east and west zones, its bids for these regions were not considered due to security issues.

As reported earlier by ET, BSNL is also of the view that NSN’s allegations are baseless, especially considering that the company had refused to supply 9.63 million GSM lines in BSNL’s earlier tender, despite being given the contract. BSNL maintains that NSN’s failure to accept the orders for these 9.63 million lines had impacted its network expansion plans.







Haryana HC backs govt norms on brick-kilns

;Statesman News Service
CHANDIGARH, 22 MAY: The Punjab and Haryana High Court has made it clear that norms cannot be relaxed to allow brick-kilns to come up at a distance of less than a kilometre from village abadi.
Taking up a petition filed by Arati Brick Company, chief justice Mr Tirath Singh Thakur and Mr Hemant Gupta observed: “Manufacturing, sale and storage of bricks is regulated by the control order, known as the Haryana control of bricks supplies order, 1972, as amended by the amendment order 1992″.
“The petitioner appears to have obtained a licence from the director, food and supplies, Haryana, consequently upon an exemption granted by the government in its favour from the rigours of the control order”.
“The validity of the licence was assailed by the villagers residing in the vicinity of the kiln, which was allowed by a division bench via order dated 28 February, 2005″.
“Pursuant to the direction, the government passed a fresh order dated 4 May, 2005, declining any relaxation to the petitioner from the requirements of the control order”.
“The government has taken the view, that the proposed brick-kiln would violate the sitting norms stipulated in the control order in as much as the proposed brick-kiln would be at a distance of only 300 meters from the village as against one kilometre stipulated under the control order”.
Dismissing the petition, the Bench added “There is no gain in saying that a brick-kiln is a potential source of pollution for the village abadi.
“In a number of cases that have come up to this Court, the villagers have found fault with the establishment of such kilns in their neighbourhood. In the circumstances, the decision on the part of the government to strictly adhere to the norms stipulated under the order in the general interest of the public living in the vicinity and to prevent any hardship or health hazard for the residents, cannot be said to be either unwarranted, irrational or perverse to call for interference in the exercise of our extraordinary jurisdiction”.





No HC relief for SEZ in Raigad

23 May 2009, 0205 hrs IST, Swati Deshpande, TNN

MUMBAI: The Mukesh Ambani-promoted Mumbai Special Economic Zone Ltd received no relief from the Bombay HC on its plea that the collector should expedite the land acquisition proceedings at Raigad for its project. The vacation bench of the court disposed of the petition asking Mumbai SEZ to approach the SC where a bunch of related petitions were pending.

The land acquisition officer of Raigad, in fact, opposed the petition saying the collector had to follow the process laid down by law for acquiring land. “Any interim relief would jeopardise the long-drawn legal process and the petition should be dismissed,” he said.

The court order came after the Maha Mumbai SEZ Sangharsh Samiti, an organisation opposing the SEZ, informed it on Friday that a PIL relating to the project was pending with the apex court.

Land acquisition process started in June 2007, the government said. There were 45 declarations made for land to be acquired and, till date, no person had come to the collector, saying he had agreed to the terms for the acquisition.

“Any unilateral request by the Mumbai SEZ Ltd cannot be accepted unless land owners are heard out by the collector,” the government officer said.






Bahal is HC bar association chief

23 May 2009, 0145 hrs IST, TNN

CHANDIGARH: Sukhjinder Singh Bahal was elected the new president of Punjab and Haryana High Court Bar Association on Friday. He defeated his rival, GS Dhuriwala, by the margin of 308 votes.

The elections, which saw 2,169 of the total 2,525 votes being polled, passed off smoothly. SS Rangi was elected the vice-president. He got 1,030 votes as against his competitor, NK Banka, who polled 829. Gaurav Chopra became the honorary secretary by grabbing 1,099 votes. Rittam Aggarwal was elected the new joint secretary, while Amit Rana bagged the post of treasurer after defeating his rival Parveen Sharma with a margin of 539 votes. Talking to TOI, Bahal said his endeavour would be to ensure that the dignity of bar was maintained.






Ramabai Nagar firing case: Manohar Kadam gets bail from HC

Mumbai (PTI) The Bombay High Court on Friday granted bail to suspended SRPF officer Manohar Kadam in the 1997 Ramabai Ambedkar Nagar firing case and suspended the life sentence awarded to him by the sessions court.

While granting cash bail of Rs 50,000 to Mr. Kadam, a vacation bench of Justices Anand Nirgude and Rajesh Ketkar also admitted mr. Kadam’s appeal and suspended his life sentence, his lawyer Raja Thakre said.

Mr. Kadam was admitted to a hospital after the sessions court convicted him for “culpable homicide not amounting to murder” earlier this month. He was later sent to jail.

“His sentence has been suspended,” Mr. Thakre said.

Mr. Kadam, then sub-inspector with the State Reserve Police Force, was held responsible by sessions court for ten deaths in police firing on Dalit mob at Ramabai Ambedkar Nagar in suburban Ghatkopar here on July 11, 1997.

The mob was protesting the desecration of statue of Dr Babasaheb Ambedkar. Mr. Kadam headed the SRPF platoon that was sent to the spot.

A commission of inquiry as well as the sessions court held that firing was unwarranted.

Mr. Thakre argued before High Court that Mr. Kadam himself did not fire a single round and required sanctions were not taken before prosecuting him.






HC directs OPSC to conduct OAS main exam


CUTTACK: In a significant ruling, the High Court on Thursday asked Orissa Public Service Commission (OPSC) to conduct the controversial OAS main examinations-2006 once again.

The HC made it clear that the exams should be completed within next three months.

It was also clarified that all the 4,548 aspirants who have qualified in the preliminary examination, including the 3,770 aspirants who have already appeared the main examinations in May-June last year would sit for the same exam once again.

The Bench of Justice B.P. Das and Justice B.P. Ray which was adjudicating over the case since last year had reserved its judgment after completing the hearing in March this year.






HC comes to rescue of GPSC candidates

22 May 2009, 0458 hrs IST, Saeed Khan, TNN

AHMEDABAD: Gujarat High Court has come to the rescue of those lawyers whose candidatures for GPSC class-II posts for assistant public prosecutors (APP) were cancelled for committing an error in filling up forms. In a recent order the HC quashed this cancellation.

High court last year directed state government to conduct an examination for recruitment of APPs for 242 posts in courts across the state. GPSC conducted written test in January this year, and more than 5,000 lawyers took this examination.

However, after the list of candidates who cleared the test was declared, some candidates belonging to socially and educationally backward classes (SEBC) were communicated that their candidature was cancelled stopping them from appearing in the final interview. The reason for cancellation of their candidature was that they had submitted non-creamy layer’ certificate, but not in the required format.

Actually, production of such income certificate is necessary for SEBC candidate. And, there are two different formats of such certificates one is specific for Central government service, while the second is for the state government jobs. The aspirants for government pleaders’ jobs were required to attach a certificate in a format meant for state government jobs, but instead many of them annexed the format that is needed in Central government offices.

The GPSC decided that these SEBC candidates should be disqualified for interview for this blunder, and they were communicated accordingly. This led some of the lawyers move the high court claiming that it was a bona fide mistake not on their part only, but also on part of the authorities that granted the certificates to them.

After hearing the lawyers and GPSC, Justice MR Shah quashed GPSC’s decision to cancel the candidature of these lawyers. The court ordered the recruiting agency to call the petitioner lawyers for oral interview. However, the recruiting agency proposed to consider all candidates, who are similarly situated and whose non-creamy layer certificates were rejected on same ground.

The court has given one week’s time to all these SEBC candidates to submit their certificates in proper format to GPSC.






HC directs Orissa Public Service Commission to conduct OAS main exam


CUTTACK: In a significant ruling, the High Court on Thursday asked Orissa Public Service Commission (OPSC) to conduct the controversial OAS main examinations-2006 once again.

The HC made it clear that the exams should be completed within next three months.

It was also clarified that all the 4,548 aspirants who have qualified in the preliminary examination, including the 3,770 aspirants who have already appeared the main examinations in May-June last year would sit for the same exam once again.

The Bench of Justice B.P. Das and Justice B.P. Ray which was adjudicating over the case since last year had reserved its judgment after completing the hearing in March this year.

With Thursday’s HC ruling, the OAS exam-2006—for which the advertisement was made way back in August 2006 to recruit around 380 officers—would perhaps take another six months to complete.

What is more awful is that the posts were advertised taking all the vacancies created between 2000 and 2005.

That means a vacancy created in 2000 would now be fulfilled in 2010.

More shocking is the fact that an SC or ST candidate who was eligible for 2000 vacancy at the fag end of his age limit i.e. at the age of 31 and enters the government job in 2010, he would then have only 17 years of service left before he retires in 2027 at the age of 58.

In that case, the officer would not be able to receive final pension after retiring for no fault of his.

It may be mentioned here that the advertisement for the controversial exams came in August 2006 by the OPSC to fill up the vacancies created for the years 2000, 01, 02, 03, 04 and 2005.

It then took another year to conduct the preliminary examinations which were held on May 11, 2007.

And after nine months, i.e. on February 29, 2008 the preliminary results were out wherein the OPSC declared that only 3,770 candidates are eligible to sit for the main exam (written).

Alleging that the reservation ratio was not maintained and as per the norms, candidates numbering 12 times the number of posts advertised were not allowed to write the main exams, some aspirants knocked the court of law for intervention.

While the State Administrative Tribunal (SAT) and the HC were hearing some petitions, the OPSC went ahead with conducting the main exams for 3,770 students from May 27 to June 24, 2008 without rectifying their mistakes.

However, following court directions, the OPSC was forced to publish the preliminary results once again allowing another 778 students qualified to write the main exams.

The second phase of the main exams was scheduled to begin from May 27, 2009 but it was cancelled after the HC stayed it just a day before the exams were to begin.

Challenging the veracity of the exam and questioning about maintainability of “difficult” level of the questions, some students moved the HC again. Disposing off these petitions, the HC on Thursday ruled that the main exams would be held again for the entire students and the same would be completed within three months.





Lawyers to suspend work on Monday to protest police atrocities  
Published: May 22,2009    
A Public Interest Litigation (PIL) was filed by Anita Khandelwal, a criminal lawyer in the Rajasthan High Court, alleging the police for beating her husband and her in the compound of Additional District and Sessions Judge (ADJ)court, Sambhar.

A division bench of the Court comprising acting Chief Justice RC Gandhi and Justice GS Saraf has taken cognizance of the PIL and directed the ADJ, Sambhar to make an inquiry into the matter and file a detailed report in the court on May 29.

Police protection to the lady and her family was also ordered.

According to the petitioner, on May 18 she had gone to ADJ court to argue a case with by her businessman husband, who allegedly was mistaken by two cops as a client.

When she came out she saw Kajod Singh, Assistant Sub Inspector of Renwaal police station talking loudly to her husband. When she objected, both were allegedly roughed up by Kajod and Karan Singh, Station House Officer of Jobner police Station.

“In an emergency meeting we have decided to suspend work on May 25. We have requested the home minister for action. The culprit officers have been suspended but we are demanding their immediate arrest,” High Cout Bar Association members said.

Source: PTI







Philip Mathew gets management leadership award of KMA

Published: May 22,2009

Kochi , May 22 Philip Mathew, the Managing Editor of&apos Malayala Manorama&aposand&aposThe Week&apos, has been selected for Kerala Management Association&aposs management leadership award for this year.

The award, to be presented at a function here, is in recognition of the contributions made by Philip Mathew to the overall development of Kerala in general and to the management profession in particular, KMA president Dr K K Jayan said in a statement here.

With three decades of rich experience in the mass media, Mathew has contributed much to the development of journalism workdwide as vice chairman, International Press Institute (IPI), Vienna, and was elected twice as chairman of Press Trust of India and also the Audit Bureau of Circulation (ABC), the release said.

Presently, he is a member of board of directors in IPI, PTI and Press Institute of India (PIL).

Mathew has been successful in bringing the problems faced by mass media organisations in the Third world to the global attention using the platform of IPI, the release added.

Source: PTI

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HC asks Mumbai SEZ to approach Apex Court

Mumbai (PTI): The Bombay High court today asked Mumbai Special Economic Zone (SEZ) company to approach the Supreme Court with regards to the land acquisition process.

Mumbai SEZ, promoted by Mukesh Ambani, had moved the High Court saying that the formalities of land acquisition are not yet complete despite the State Government initiating the process two years ago.

The SEZ is coming up in neighbouring Raigad district.

The company wanted direction from the High Court to the district collector to expedite the process.

But Maha Mumbai SEZ Sangharsh Samiti, a local organisation opposing the SEZ today told High Court that a PIL related to this project is pending before the Supreme Court.

Therefore, High Court today asked Mumbai SEZ company to approach the apex court.





Activist pleads for green belt around Victoria

22 May 2009, 0404 hrs IST, TNN

KOLKATA: The creation of a green belt around Victoria Memorial Hall is urgently required to protect the monument from environmental degradation, environmental activist Subhas Datta told Calcutta High Court on Thursday.

Citing a report of National Environmental Engineering Research Institute (NEERI) of July, 2007, Datta submitted before the division Bench of Justice Bhaskar Bhattacharya and Justice Tapan Dutt that the institute pointed out several physical damage, such as cracks and black spots, that had developed at several spots of the monument’s external walls, which was direct evidence of harmful reaction product formation due to environmental pollution.

According to NEERI, this not only poses a threat to the aesthetics of the monument, but might also pose a serious threat to the long-term load-bearing ability of the marble blocks exposed to atmospheric pollution and rain.

Datta pointed out that NEERI had suggested the creation of green belt of 50 to 70 metre radius surrounding the structure, which could reduce pollution level and save the memorial. “On one hand, the pollution load due to some unavoidable factors has increased manifold surrounding the monument; on the other hand, the creation of a green belt around the structure has been kept unattended by the Victoria authorities. This situation might lead to irreparable loss to the monument,” Datta submitted.

Opposing NEERI’s recommendation to create a green belt around the monument, the Victoria authorities argued in the course of hearing of the PIL that creation of such a green belt around Victoria would obstruct air flow.

Being a petitioner of the PIL, Datta opposed the Victoria authorities’ plea for constructing a modern art gallery, museum and administrative buildings within the monument complex on the ground that it would create pollution and pled for shifting the administrative buildings and the new constructions elsewhere.

“If due to pollution, the structure is endangered and damaged, the question of preserving artefacts will not arise at all. So, survival and existence of the structure is more important than any other thing and must be given topmost priority by making a buffer zone surrounding the monument,” Datta said.

The matter will come up for hearing again on June 9.






Residents of suburbs to file PIL for underground Metro

22 May 2009, 0308 hrs IST, Chittaranjan Tembhekar, TNN

MUMBAI: Protests against the Metro rail’s second line between Charkop and Mankhurd via Bandra seem to have created a divide between the island city and the suburbs.

“Why is an underground route proposed only for south Mumbai and not for the equally important and densely populated western suburbs, between Bandra and Andheri?” said a resident of the suburb. Like him, many feel the elevated Metro section will result in environmental hazards, such as rise in pollution and felling of trees, besides other problems. They have decided to file a PIL against the state government.

“The MMRDA and the state have failed to respond positively to our demand. They have not even given any proper reason for not going ahead with the underground section. Now we will file a PIL,” said a member. Several citizens’ associations are involved in the protest.

However, MMRDA spokesman Dilip Kawathkar said they would not stop the ongoing tendering process and expected bidders for the Rs 7,660-crore second Metro line. “We have granted extension to bidders to submit their bids by May 31 and MMRDA will go ahead with the elevated plan, which has already been approved,” said Kawathkar.

Jayesh Thakker, a protesting resident, said principal secretary for urban development T C Benjamin had refused the underground section stating that it might affect the cost. But architect and a resident, Nitin Killawala, who offered an alternative to the MMRDA plan, said only the civic cost of constructing pillars and stations would change while the cost of rolling stock would remain the same.

A panel, comprising architects, shopkeepers, educational institutions and activists said the cost-in terms of environment hazards, widening of roads and livelihood-would be less if their proposal, rather than MMRDA’s, was taken into account.






No tree-felling without nod from authority


Bangalore: The high court on Thursday asked BMRC not to cut or remove any tree in Lalbagh area without obtaining permission from the tree officer or the tree authority under the BBMP.
A vacation division Bench headed by Justice N K Patil gave this direction before adjourning hearing on PIL related to tree-felling on R V Road stretch of the Metro project. The PIL also challenged grant of land inside Lalbagh Botanical Garden for a Metro station.
Appearing on behalf of the government and BMRC, advocate general Udaya Holla said the project belongs to the state and all required applications have been filed, seeking permission from the tree authority to cut trees wherever necessary. He said trees will be felled whenever permission is granted. “One cannot oppose every project under the notion of ‘green’. We will not cut any trees without getting permission,” he told the court.
“This is the fifth round of litigation on the same project. A division Bench of this court has already reserved its verdict on the main petition. The contention of the petitioners that KTCP Act has not been followed is inapplicable in this case. A Metro station is also a part of an alignment,” Holla told the court.

posted by The Bangalorean @ 5/23/2009 12:33:00 AM







NHRC seminar on “Right to Information, Human Rights ends

By admin on May 22nd, 2009 27 views

New Delhi, May 22 (ANI): A two day national seminar on “Right to Information, Human Rights: The Present Scenario”, organized by the National Human Rights Commission concluded in New Delhi today.


Addressing the concluding Session, the noted Hindi Litterateur Kunwar Narayan as Chief Guest observed that literature is a mirror to society and in this context it has close links with Right to Information.

He underscored the importance of Hindi in brining awareness about Right to Information.

Renowned Journalist and Special Guest, Prabhash Joshi stated, it is ironical that the country seems to be governed by the age old rules framed by the British and which have orientation for denying the information.

A change in the society cannot be effected with the introduction of a law, first the society has to accept it, he added. Recalling the efforts behind the enactment of Right to Information Act in the country, he observed that it needs to be implemented in a more transparent manner in which no institution remains beyond its purview.

During the two day seminar, several writers, academicians, Senior Government Officers, Members and Officers of the Commission participated in the discussions on the issue of Right to Information and human rights.

It was largely hailed that the Right to Information has brought in a change in the culture of the governance in the country.

However, it was also felt that unless the people in the governance and the society as a whole are sensitive about the need to be transparent, mere implementation of Right to Information will not be successful. (ANI)






26/11 trial: Court rejects Kazmi’s plea to inspect sites

Mumbai, May 21: A special court on Thursday rejected a plea of defence lawyer Abbas Kazmi seeking permission to inspect the November 26 terror attack sites and the marine vessel M V Kuber allegedly used by LeT terrorists to reach Mumbai shores from Pakistan.

Kazmi is defending prime accused Mohammed Ajmal Amir Kasab, the lone terrorist arrested during the attacks last year.

Judge M L Tahaliyani said that there was no provision under CrPc to allow lawyers to visit the place of offence but the defence lawyer was free to visit public places and permission in this regard was not required from the court.

However, in case of M V Kuber, permission cannot be given by the court because the boat has already been handed over to its owner on a bond executed by him, the judge said.

At this point, an inspection of Kuber was not necessary but if the court felt at a later stage that the visit was required it would give the permission to the lawyers, the judge added.

The court noted that evidence regarding murder of navigator of Kuber Amar Singh Solanki would be recorded shortly and at this stage it was not necessary for the lawyer to visit the boat.

Bureau Report


2 Responses

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