LEGAL NEWS 25.09.2009

Cops register fresh FIR in Limouzines case http://timesofindia.indiatimes.com/news/city/mumbai/Cops-register-fresh-FIR-in-Limouzines-case/articleshow/5053181.cms C Unnikrishnan, TNN 25 September 2009, 01:31am IST MUMBAI: The Economic Offences Wing (EOW) of the police is in the process of registering a fresh FIR in the City Limouzines case. This has been prompted by the barrage of police complaints being lodged against City Limouzines and its sister concern, City Realcom. On Thursday, an hour before the Bombay high court was to hear a PIL, demanding stringent action against the company management, the police delivered a letter to the petitioners, saying they were taking “suitable legal action”. One of the investors, Kirti Patel, had moved court, urging it to direct the police to register fresh FIRs and arrest the accused. Patel’s lawyer Bhavesh Parmar told the court that he was not pressing for the PIL following an assurance from the police. A division bench of chief justice Swatanter Kumar and justice A M Khanwilkar said they hoped that the “police would take action based on this letter”. The EOW had been examining if it was required to register fresh FIR as a case was already registered against City Limouzines in 2007, based on a complaint by Jalandhar Pansare. The Supreme Court had imposed restrictions on the investigations of this FIR, such as, ther should not be any hindarance to the company’s business. The EOW is now reportedly exploring the possibility of registering an FIR in the Realcom case where investors were promised huge returns. For instance, on an investment of Rs 1.39 lakh, people were promised a payment of Rs 7,775 every month for five years and Rs 50,000 at the end of the scheme. Additional commissioner of police (EOW) Sanjay Saxena said the department was deliberating on various options. Saxena is also coordinating with police in New Delhi and Chennai, where in a similar fashion, the company has defaulted on its repayments to investors. Delinquent officer need not be given inquiry report: HC http://timesofindia.indiatimes.com/news/city/chennai/Delinquent-officer-need-not-be-given-inquiry-report-HC/articleshow/5053048.cms TNN 25 September 2009, 04:22am IST CHENNAI: Non-furnishing of an inquiry report to delinquent government officials would not vitiate the penalty order issued against them, the Madras high court has held. Justice K Chandru, refusing to interfere with the punishment imposed on inspector of police D Swaminathan, said: “Non-furnishing of inquiry report to the delinquent officer will not vitiate the penalty order unless the delinquent officer proves prejudice.” The inspector assailed the punishment of censure imposed on him by the Nagapattinam police district administration, saying the deputy superintendent of police had not given any reasons for accepting the inquiry report, and that the punishment was vitiated by the fact that he was not furnished details of the report. The State Administrative Tribunal (SAT), which was abolished about four years ago, had granted stay in the case. The case was then transferred to the Madras high court after the abolition of the SAT. Justice Chandru, dismissing the petition, pointed out that the disciplinary authority needs to give reasons only when he disagrees with the findings of the inquiry officer and not when he agrees with the findings. As for non-furnishing of a copy of the inquiry report, the judge quoted Supreme Court rulings which dispensed with the production of inquiry report to a delinquent officer. HC tosses out PIL against IPRS warning http://timesofindia.indiatimes.com/news/city/ahmedabad/HC-tosses-out-PIL-against-IPRS-warning/articleshow/5053046.cms TNN 25 September 2009, 03:34am IST AHMEDABAD: The Gujarat High Court on Thursday rejected a PIL apprehending disruption of Navratri garba by the police at the instance of Indian Performing Rights Society Ltd (IPRS) for alleged violation of copyrights during musical performance. Dismissing the PIL filed by Devendra Dwivedi, a division bench of Chief Justice KS Radhakrishnan and Justice AS Dave observed that the petitioner filed the plea more for publicity than for espousing any public cause or interest. Dwivedi raised objection to a warning published by IPRS, which has ownership of copyrights of musicians, lyricists and issues licences for public performances, that performing the music belonging to its members without permission during Navratri would amount to infringement of copyrights. Although the petitioner claimed that Section 52(1) of Copyright Act exempts performance of such musical work during religious festivities, he told the court that during the garba programmes entry fee is imposed on participants. The judges did not make any direct comment on whether such performances should be called religious or commercial, but made it clear that any such function where entry fee is charged is for commercial purpose. Upholding IPRS’s contention that playing music of its 1,500 members without permission would amount to breach of law and the IPRS’s rights must be protected, the judges refused to pass any order in favour of the petitioner. The court made it clear that the question of violation of law depends on the kind of performance, and without details of a case, it cannot be judged. The court dismissed the PIL terming it as based on presumption that the authorities would disrupt festivities, whereas the state government has not received even a single complaint in this regard. Failed SSC students eligible for ATKT: HC http://timesofindia.indiatimes.com/news/city/mumbai/Failed-SSC-students-eligible-for-ATKT-HC/articleshow/5053191.cms Shibu Thomas , TNN 25 September 2009, 01:48am IST MUMBAI: In a welcome relief for thousands of students who had failed their SSC examinations, the Bombay high court on Thursday gave its seal of approval to the Maharashtra government’s Allowed To Keep Terms (ATKT) facility. A division bench of Chief Justice Swatanter Kumar and Justice Ajay Khanwilkar, however, found the government’s decision to allow only students who had appeared in the March 2009 SSC exams to avail of the ATKT facility “arbitrary, unreasonable and unconstitutional”, implying that students who failed in 2008, too, were eligible. With this judgment, over 1.50 lakh students, who had failed the SSC exams, become eligible for ATKT. It allows them to get admission in Std XII subject to the condition that they clear the subjects by March 2010. Only SSC students who have failed in a maximum of two subjects can seek admission to Std XI under ATKT. The high court, however, cautioned the government against lowering academic standards and asked the authorities to put necessary infrastructure in place before commencing admission under ATKT. “The state will have to keep in mind that the norms regarding maintenance of quality of education are in no way compromised or relaxed either with regard to the hours or the opening of new or additional seats in schools and colleges (to accommodate the ATKT students),” the judges said. The court also made it clear that passed students would get precedence in admission. Only the vacant or leftover seats would be available for ATKT students. The court further said that admissions to ATKT students could strictly be on merit and such candidates would have no right to insist that they be given admission in the same school/junior college from where they appeared for SSC. During the course of the hearings, the state had clarified to the court that the ATKT system would continue along with its proposal to introduce the supplementary exams system. The court’s decision came on a public interest litigation (PIL) filed by student organisation Akhil Bharatiya Vidyarthi Parishad (ABVP) stating that the government had introduced the new rules in haste and for political reasons without bothering to verify if infrastructure was in place to accommodate around two lakh additional students. The state, in its affidavit, said that around 1.47 lakh students were eligible to take admission to FYJC with the help of the ATKT system. The state also informed the court that there were enough seats available; 1.85 lakh of the 10.03 lakh FYJC seats were vacant after the regular admissions. Around 16,000 students had already applied to avail of the ATKT facility. Couple separated by caste divide gets HC relief http://timesofindia.indiatimes.com/news/city/delhi/Couple-separated-by-caste-divide-gets-HC-relief/articleshow/5052859.cms Rahul Tripathi, TNN 25 September 2009, 06:44am IST NEW DELHI: Coming to the rescue of a newly-married couple, the Delhi High Court issued notices to the Uttar Pradesh and Delhi Police to produce a woman who has allegedly been kept under forceful custody by her parents at Sahibabad in UP. It asked police to produce the girl on October 7, the next date of hearing. The direction was given by Justice Sanjeev Kishan Kaul and Justice Ajeet Bhariyog in connection with a habeas corpus filed on behalf of Gaurav Saini by an NGO, Nyay Bharti. Twenty-five-year-old Saini, a networking engineer, spent 32 days in Dasna Jail on kidnapping charges after marrying Monika Dagar (21), a BSc student, against the wishes of her family. The couple who met online in chat rooms during 2006-2007 got maried on July 6 this year at an Arya Samaj temple in Malviya Nagar. But on July 5, Monika’s brother Nitin Kumar filed a complaint at Sahibabad police station after which a case of kidnapping was registered against Gaurav. While Monika comes from an upper caste family, the boy belongs to the lower caste. In his complaint, Nitin alleged that Gaurav alias Neeraj had allegedly kidnapped his sister and he feared she might be killed or trafficked. Through technical surveillance, the UP police on July 12 reached Gaurav’s house in Gautam Nagar area of Defence Colony where Monika was staying with him. “Neither Delhi Police nor UP police were ready to listen to my wife’s plea that she had married me without any coercion,” Gaurav told Times City. The couple was taken to Gulmohar Park police post and from there to Sahibabad. Monika’s custody was handed over to her parents on July 12. The victims also alleged that UP police did not take Monika’s statement and instead took a statement similar to what her brother had alleged. On July 14, Monika’s statement was recorded in front of the magistrate in which she told the judge she had left the house voluntarily and Gaurav had not raped her. After an ordeal of 32 days, Gaurav was granted bail by a Ghaziabad court on August 11. The family of Gaurav, who also runs a coaching institute at Gautam Nagar, approached the NGO in September. The NGO then took up the couple’s case and filed a habeas corpus in Delhi High Court. Following the HC order, Gaurav wrote another letter on September 22 to Delhi Police saying he feared for his wife’s safety and asked them to rescue Monika before October 7 as her family might cause her harm. All students should be CET qualified: HC tells varsity http://www.ptinews.com/news/299214_All-students-should-be-CET-qualified–HC-tells-varsity STAFF WRITER 22:28 HRS IST Chennai, Sept 24 (PTI) The Madras High Court has directed Indian Maritime University not to admit students, who have not qualified through the Common Entrance Test (CET), for the Nautical Science diploma course. The interim injunction was issued by Justice P Jyothimani on a petition filed by the Maritime Institutes Association, which alleged irregularities in the admission process for the August 2009 batch. Submitting that IMU was established by an Act of Parliament on Novebmer 14 last, the petitioner contended that it held a CET on June 21 last and declared the results on June 27. Prior to its establishment, the Indira Gandhi National Open University conducted CET for admission to the diploma course in Nautical Science which leads to BSc (Nautical science). Can’t stop student from migrating: HC tells ‘unsafe’ RLA college http://www.indianexpress.com/news/cant-stop-student-from-migrating-hc-tells-unsafe-rla-college/521130/#postComment#postComment Agencies Posted: Thursday , Sep 24, 2009 at 1842 hrs New Delhi: The Delhi High Court has said an educational institution cannot restrain a student from migrating to another college if the student does not find the campus environment safe and secure The court pulled up an evening college of Delhi University for not allowing a girl student to migrate to a day college on the ground that the campus environment was allegedly unsafe. Justice Anil Kumar directed Ram Lal Anand college to immediately give No-Objection Certificate to 19-year old Ayesha Chaudhary who is a second year graduation student. “The college in a way has admitted that law and order situation is not normal, as it should be. Therefore, the probability of a person having apprehension on account of law and order situation cannot be termed whimsical. In the circumstances, if the student in order to secure herself wants to migrate to a day college, the same cannot be termed a mere ploy,” Justice Kumar said. HC Directs MP Teachers to End Stir, Resume Duties http://visionmp.com/hc-directs-mp-teachers-to-end-stir-resume-duties25411479471/ September 24, 2009 Visionmp.com news service Bhopal – A two member bench of Madhya Pradesh High Court comprising Justice Deepak Mishra and Justice RK Gupta, hearing a petition filed by Rupesh Kumar – a student of the Rani Durgawati University, on Thursday ordered striking teachers in the state to call off the agitation and return to their duties. Following the HC directives, Education Minister Archana Chitnis urged striking college teachers to report back on duty from September 25. Hailing the directive, Chitnis termed it in the larger interests of the students. She underlined that Chief Minister Shivraj Singh Chouhan has constituted a three member committee of ministers to find a solution to the demands raised by the teachers. College teachers across the state launched an indefinite strike to press for the implementation of the sixth pay commission recommendations, earlier this month. ‘Stop vilification of CJI, Dinakaran’ http://www.hindu.com/2009/09/25/stories/2009092557590100.htm J. Venkatesan New Delhi: The National Commission for Scheduled Castes has taken a serious view of an alleged vilification campaign launched in the print and electronic media by some anti-Dalit and casteist elements in the Bar Council of India and various State Bar Associations in the Justice P.D. Dinakaran issue. (Allegations have been made against Karnataka High Chief Justice Dinakaran, whose name has been recommended for elevation to the Supreme Court.) The Commission, in a statement, said those “who are known for having a casteiest attitude towards the increasing strength of SCs and STs in judicial services” were spreading this campaign against Chief Justice of India K.G. Balakrishnan and Justice Dinakaran. The Commission would have welcomed any step taken by the government of India to preserve and protect the honour of the CJI, the Chief Justices of the High Courts and Scheduled Caste judges serving in various courts. But it was keeping silent and this gave the media room for playing on the constitutional rights of the SCs, the statement said. “The matter is so serious that the Commission would have taken into its hand the full investigation of the case but the Commission respects the judiciary and all members of the judiciary including the SCs. “Therefore, if the tirade against the SCs in the judiciary is not stopped, the Commission would be duty-bound to take stock of the situation which has arisen from the unabashed and continuous campaign of vilification against the CJI and Justice Dinakaran.” Defying the Indian constitution?: Letter to chief justice lands union minister in hot water http://www.dailytimes.com.pk/default.asp?page=2009%5C09%5C25%5Cstory_25-9-2009_pg7_39 * Minister denies any wrong-doing, insists his intentions were genuine By Iftikhar Gilani NEW DELHI: A senior minister in Prime Minister Dr Manmohan Singh’s cabinet has landed in hot water by writing directly to the chief justice of India (CJI). According to the Indian constitution, only the president is permitted to directly consult the CJI or the Supreme Court under article 143. Already in the dock over his performance, Union Rural Development Minister CP Joshi – a first-time parliamentarian – sought Chief Justice KG Balakrishnan’s advice on how to root out corruption from rural development programmes. He also sought an appointment with the CJI to discuss the matter. Legal experts said the CJI could render advice to the government through orders in any case presented before his bench, but his sitting with a minister to discuss any matter and giving advice would amount to meddling in governance. They said such an act was prohibited because of a clear demarcation of the roles played by the judiciary and the government. No wrong-doing: Joshi says he believes there is nothing wrong with approaching the CJI directly. He said he had sought a meeting with Chief Justice Balakrishnan to discuss corruption in programmes funded by his ministry and the steps he could take to curb malpractices in the flagship programme under the National Rural Employment Guarantee Act (NREGA). In his letter, Joshi is understood to have pointed out corrupt practices at the state level in implementation of the NREGA. He urged the CJI to suggest methods to curb such practices. He reportedly pointed out the difficulty his ministry faces in tackling corruption once it sends money to the states, which have to implement the programmes and ensure corruption-free processing. The minister, eager to show results, wrote to the CJI, believing the country’s top judge might have a solution to his problem. Of delayed justice and legal tangles (IANS Book Review – With Image) http://www.sindhtoday.net/news/1/53423.htm September 23rd, 2009 SindhToday New Delhi, Sep 24 (IANS) Senior advocate Arun Mohan has a mission in life: ensuring speedy justice. The senior Supreme Court lawyer, who has been associated with courts for 39 years, had taken time off from his work to write four volumes on the Indian judicial system and the problems that confront “everyday justice” as a public service project. The first two volumes of “Justice, Courts and Delays” were released in July at a function where the chief justice of India, the law minister and the attorney general were present. Mohan is now working on the remaining volumes that include a look at the criminal justice system and the relevance of law in the country’s economy. “Justice, Courts and Delays” attempts to analyse the causes behind delays in justice and recommends ways to get around the bottlenecks. “It is also an endeavour to familiarise one involved in litigation or affected by it with certain principles and facets that would possibly help one understand the situation and make known diverse thoughts that could help litigation,” the senior advocate told IANS. “Delays in justice have been criticised for years. I have tried to identify the root cause and put forward a solution that is both affordable and possible. Of the quantum of litigation in Indian courts, over 80 percent is uncalled for. “This occurs because our basic laws and court procedures mete out an incentive for the person who is in the wrong with the result that motivated by such ‘profit’, the person creates litigation (whether by himself or by forcing the other to go to court) and at the end of the day he makes a profit out of it. Resultantly, those with genuine cases get delayed. Moreover, because of delays, many people who need justice are unable to come to court,” Mohan said, explaining the reasons for writing the book. The senior lawyer said “the procedures and practices in our courts at the end of litigation do not take care to identify these factors and then pass orders that disgorge all such profits and compensate for the loss. There is also a high component of costs incurred by the party in the right which the court orders do not compensate.” Court procedures, said Mohan, needed subject-specific tailoring and an “approach by the courts which in practical terms enforces every party to ’stop-and-think-twice’ prior to putting one’s stand before the court.” “It ensures greater efficiency in judicial process,” Mohan said. The legal eagle said the country required a “central body to which all judicial officers can periodically send their thoughts for consideration”. Mohan said he decided in 1996 to do this research. “Seeing the frustration on the faces of the people coming out of court, some even with tears made me think that there must be a way out. I felt that to find a solution to the problems would be a more useful way of serving society than continuing with my lucrative law practice,” he said. Most of the law books in the country, the veteran lawyer said, generally narrate the law and current legal procedures. “On the other hand, my book is not about what the law and practice is, but analysing present laws and practices; it delves into the question as to what the law and practice should be so as to give the maximum utility of the rupee spent in the system and speedy accurate justice to the one craving for it,” he said. Mohan said that his forthcoming volumes include discussion on how an efficient judiciary will help raise the country’s GDP. “This will occur because if the law supports transactions, reduces motivation for breach of law and checks inefficiency, it will lead to economic growth. It is like agriculture production, which is dependent on environment. National productivity, similarly, is also dependent on the efficiency of the legal system,” he said. Mohan is a Delhi University law graduate of 1970. Published by Universal Law Publishing, the two volumes are priced at Rs.250 each. [LM1] NHRC’s intervention propels officials to act on kabrastan http://oheraldo.in/pagedetails.asp?nid=27792&cid=10 HERALD REPORTER MARGAO, SEPT 24 In an interesting development on the Muslim Community’s demand for a burial ground in Margao, the National Human Rights Commission has directed the Chief Secretary to take necessary action on the complaint received from a member of the minority community. In another development, the Director of Social Welfare N B Narvekar has requested the district collector, south to take necessary action on the complaint received from a city-based resident and general secretary of the Sirvodem Masjid, Abdul Matin Daud Carol on the long pending demand of the Muslim community. In fact, the Social Welfare Director has asked the Collector to dispatch the compliance report to the Department for transmission to the National Commission for Minority, Government of India. Incidentally, this is the first time the National Human Rights Commission has issued directions to the Chief Secretary to send the Abdul’s complaint to the concerned authority for such action as is deemed appropriate and dispose off the complaint at his end. The Muslim community has been requesting for a Kabrastan to bury the dead in and around Margao for over a decade, but in vain. The National Commission for Minorities has already issued directions to the Chief Secretary and the district Collector, South to send a detailed report on the status of the long pending of the Muslim community. And, now the issue has come to the centre stage with the National Human Rights commission asking the government to take action on the complaint lodged by the city based resident. Incidentally, the PWD Minister, Churchill Alemao had made a statement in his Navelim constituency stating that the government has identified suitable land for a Kabrastan for the Muslim community. Although Alemao contended that he along with the Chief Minister Digambar Kamat and Panchayat Minister, Babu Azgaonkar has seen the land, the land in question has keep in wraps so far, even though sources in the know say the government is eyeing a piece of land in the Housing Board area of Rumdamol village in Navelim constituency. Human rights http://www.indianofficer.com/forums/indian-polity/7436-human-rights.html What are Human Rights? ■ Human Rights are the moral claims which are inalienable and inherent to all individuals by virtue of their being humans alone. History ■ Throughout the history, there has been a conflict between the ruling elite and the ruled. e.g. Magna Carta-England 1215. ■ French Declaration of the Rights of Man and of the Citizen-1789. ■ American Bill of Rights. ■ Since the First World War, League of Nations took some initiative. ■ ILO was created in 1919. ■ International Slavery Convention was signed in 1926 ■ But during 1920s and 30s massive abuse of human life and dignity based on race, religion and nationality were there. ■ UNO was established after the World War II. ■ Art I of the UN Charter: ‘To achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedom for all without distinction as to race, sex, language or religion.’ Universal Declaration of Human Rights The General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights on December 10, 1948. ■ Art 1: All human beings are born free and equal in dignity and rights. ■ Art 2: Everyone is entitled to all the rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, nation, property, birth or other status. ■ Art 3: Everyone has the right to life, liberty and security of person. ■ Art 4: Slavery and slave trade is prohibited. ■ Art 5: No one shall be subject to torture. ■ Art 7: All are equal before law and are entitled to equal protection of law. ■ Art 9: No one shall be subject to arbitrary arrest, detention or exile. ■ Art 15: Everyone has the right to a nationality. ■ Art 18: Freedom of thought, conscience & religion. ■ Art 23: Right to work. ■ Art 26: Right to education. Indian Constitution and Human Rights ■ Art 13: Boldly declares that all laws in so far they are inconsistent with the Fundamental Rights, be void, to the extent of inconsistency, and further the State shall not make any law which takes away or abridges these rights and any law made in contravention, shall be void. ■ Art 14: Secures equality before the law to all persons. ■ Art 15: Prohibits discrimination among the citizens on the ground of religion, race, caste, sex or place of birth. ■ Art 16: Ensures equal opportunity to them in the matters of public employment. ■ Art 19: Assures freedom of speech and expression, right to assemble peacefully and without arms; to form association and unions; to move freely throughout the territory of India; to reside and settle in any part of the country, trade and business etc. ■ Art 21: Guarantees equal protection of the law and prohibits deprivation of life and personal liberty. ■ Art 23: Prohibits traffic in human beings and forced labour. ■ Art 24: Prohibits child labour. ■ Art 25-30: Assures freedom of conscience and right to manage religious institutions; as well as makes provisions for the protection of the minorities and their places of worship and educational institutions. ■ Directive Principles of State Policy (DPSP) provides for a lot of social and economic benefits for the citizens to be attained in future. ■ In addition to these, there are several laws of a reformative character like the Employees State Insurance Acts, the Dowry (Prohibition) Act, the Bonded Labour (Abolition) Act, the Minimum Wages Act, Workmen Compensation Act, the Protection of Civil Rights Act, the Environmental Protection Act, etc. which try to ensure safety and security against various evils. National Human Rights Commission ■ In keeping with the spirit of human rights movement all over the world, the National Human Rights Commission (NHRC) came into existence in India through an Ordinance promulgated on 28th September 1993 by the President of India. ■ However, soon the Ordinance was replaced by a statute called the Protection of Human Rights Act, 1993 which came into force in 1994. This Act provides for setting up the NHRC at the Centre as well as one Commission each at the State level. ■ The National Human Rights Commission is designed to protect human rights, defined as “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenant and which are enforceable by the Courts in India” (Protection of Human Rights Act, 1993). Composition • The NHRC consists of a Chairperson and four members, all of them being full-time members. • Apart from these full-time members, the Commission also has its deemed members as the Chairpersons of the National Commission for Minorities, the National Commission for the SCs & STs and the National Commission for Women. • The multi-membership is intended to reinforce the independence and impartiality of the Commission. Of the five members including the Chairperson, three are to possess high level judicial background and the remaining must have knowledge of or practical experience in matters relating to Human Rights. • The Chairperson must be no less than a former Chief Justice of India. Functions • It can intervene in any legal proceedings involving an allegation of violation of Human Rights. • It can also, visit, with the prior approval of the State Government, any jail to study the living conditions of the inmates and make recommendations. • It can review the safeguards provided by or under the Constitution or any law for the protection of Human Rights and recommend measures for their effective implementation. • The Commission also reviews the factors, including acts of terrorism, that inhibit the enjoyment of Human Rights and recommends remedial measures. • It also undertakes and promotes research in the field of Human Rights. • Finally, it encourages the NGOs working in the field of Human Rights. Autonomy of the Commission • The autonomy of the Commission is derived from the method of appointment of its members, their fixity of tenure, and statutory guarantees. • The Chairperson and the members of the Commission are appointed by the President on the basis of recommendations of a committee comprising the Prime Minister as the chairperson, the Speaker of the Lok Sabha, the Home Minister, the leaders of the Opposition in the LS and the RS and the Dy. Chairperson of the RS as members. Working of the Commission • The Commission has all the powers of a Civil Court. • It has its own investigating staff for investigation into complaints of Human Rights violations. • It is open to the Commission to utilise the services of any officer or investigation agency of the Central Government or any State Government. • The Commission while inquiring into the complaints of violations of human rights may call for the information or report from the Central Government or any State-Government, or any other authority or organisation subordinate thereto within such time as may be specified by it. The Commission may take any of the following steps upon the completion of an enquiry: 1. Where the enquiry discloses the Commission of violation of Human Rights or negligence in the prevention of violation of Human Rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other function. 2. Approach the SC or the HC concerned for such directions, orders, or writs as that court may deem necessary. 3. Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family. The authority or the State Government or the Some of the Programmes and Human Rights issues taken up by the Commission include: • Review of the Child Marriage Restraint Act, 1929 • Protocols to the Convention on the Rights of the Child • Preventing Employment of Children by Government Servants: Amendment of Service Rules • Abolition of Child Labour • Guidebook for the Media on Sexual Violence against Children • Trafficking in Women and Children : Manual for the Judiciary for Gender Sensitization • Sensitization Program on Prevention of Sex Tourism and Trafficking • Maternal Anaemia and Human Rights • Rehabilitation of Destitute Women in Vrindavan • Combating Sexual Harassment of Women at the Work Place • Harassment of Women Passengers in Trains • Abolition of Manual Scavenging • Dalits issues including atrocities perpetrated on them • Problems faced by Denotified and Nomadic Tribes • Rights of the Disabled • Right to Health . HIV/AIDS Central Government to whom the Commission recommends for action has to indicate its comments/ action taken on the report/recommendations of the Commission within a period of one month in respect of general complaints and within a period of three months in respect of complaints relating to the Armed Forces. __________________ it is not that I disagree with you, it is just that I’m not in full accord NHRC recommends Rupees 1 lakh relief for custodial death in Bihar http://www.newkerala.com/nkfullnews-1-118889.html New Delhi, Sep 25 : The National Human Rights Commission (NHRC) today demanded the Bihar Government to pay monetary relief of Rupees 1 lakh to the next of kin of a person who died in police custody. The Commission also asked for a compliance report with proof of payment to relatives of Mukhi Chowdhary, who was arrested on August 27, 2003 in a case of theft and died on the same day in police custody in Gopal Ganj district police station of Bihar. ”Chowdhary had became unwell on the same day and was taken to hospital but he could not be saved. The post-mortem and viscera report had confirmed that he had died due to consumption of Thimet poison,” an NHRC spokesperson said. He added that the Commission issued a showcause notice to the state government asking to explain as to how the poison became available to the deceased in police custody. ”Since the state government did not respond within the prescribed time, the Commission presumed that there was negligence on the part of the detaining authority. Either the deceased was not properly searched at the time of arrest or the poisonous substance was made available to him while he was in custody,” the spokesperson noted. The Commission had taken up the case in 2003 on the basis of intimation received from District Magistrate of Gopal Ganj. –UNI UNIFEM hopes to use CWG to draw attention to trafficking http://timesofindia.indiatimes.com/news/india/UNIFEM-hopes-to-use-CWG-to-draw-attention-to-trafficking/articleshow/5052265.cms TNN 25 September 2009, 02:20am IST NEW DELHI: With international attention on India for the Commonwealth Games 2010, a global women’s rights body has suggested that the mega event be used to campaign against trafficking. With trafficking increasing in alarming proportions, the United Nations Development Fund for Women (UNIFEM) said on Thursday that it was important that sports celebrities used their popularity to speak on issues like trafficking of women in the subcontinent. “We plan to speak to authorities to use this opportunity to talk about social issues. We want to spread awareness in India,” Anne F Stenhammer, UNIFEM’s regional programme director, said. Noting that cases of trafficking and rape were on the rise globally, she said, “In South Asia, mainly in India, Bangladesh and Nepal, the situation is alarming.” The agency hoped that men could be roped in. “Men should advocate the cause. It requires a change in mindset,” Stenhammer said, adding that it was willing to partner with agencies like National Commission for Women (NCW) for the purpose. UNIFEM has also joined hands with NCW to kickstart an `NRI cell’ to provide assistance to complainants including conciliation, mediation between the parties and advising the complainant on related issues. It would also work towards associating and networking with NGOs, community organisations in India and abroad and state women commissions for wider area coverage so as to facilitate easy reach and provide support services. The commission has roped in counsellors and lawyers to offer consultation to women who are often left pregnant and shunned by their own parents. NCW NRI Women Help Cell Inaugurated http://www.india-server.com/news/ncw-nri-women-help-cell-inaugurated-12935.html Last Updated: 2009-09-25T10:25:25+05:30 The National Commission for Women has inaugurated its NRI cell to deal with the issues related to the cases of abandonment and divorce of women married to overseas Indians as there has been an increase in the number of such cases. It has received eight complaints on its first day. NCW chairperson Girija Vyas and project partner UNIFEM (United Nations Development Fund for Women) South Asia head Anne H. Stenhammer along with Planning Commission member Syeda Hamid opened the office that operates from the second floor of the NCW office at Deen Dayal Upadhyay Marg. The NRI cell is aimed at offering legal help and counselling to those women who are desolated by their NRI husbands. The NRI cell will also be providing the government with suggestions on such cases. Besides, the cell will also carry out awareness campaigns on the subject. Day one saw the cell being approached by eight anxious women having troubled relationships with their husbands abroad. “I am very happy to see that most of the girls were accompanied by a parent or relative. This area of NRI marriages needs to be looked at urgently. We have tied up with local service providers and NGOs in the US, UK, Canada as well as Australia to coordinate mediation efforts,” Vyas told reporters. Stenhammer stressed the need to expand the reach of the NRI cell. “We will soon look at how to expand the NRI cell in India and abroad. Embassy support is crucial for NRI women. That is where they first approach with a grievance. So, embassy officials need to be equipped and competent to deal with such complaints. In this direction, I feel the ministry and the NCW could apply for funds and UNIFEM’s technical advice cell can advise them.” The NCW had launched the cell in August after it was nominated as the coordinating agency for dealing with NRI marriages in April this year. Shiney Ahuja breaks down in court, medical treatment ordered http://timesofindia.indiatimes.com/news/city/mumbai/Shiney-Ahuja-breaks-down-in-court-medical-treatment-ordered/articleshow/5055326.cms PTI 25 September 2009, 02:09pm IST MUMBAI: A fast track court today directed the jail authorities to provide immediate medical relief to Bollywood actor Shiney Ahuja, arrested for allegedly raping his maid, on his application seeking treatment. The 36-year-old actor was seen crying and wincing in pain following a slip disc problem when he was produced in the fast track court here. Ahuja, who was unable to walk, was assisted into the court room by two constables. He was later brought outside and made to sit on a bench where he lay down, quivering following which his lawyer Sameer Nagre moved an application seeking medical treatment at the earliest. The court directed the jail authorities to provide the actor immediate medical relief and shift him to J J Hospital if necessary for further treatment. The court was expected to pass an order today on the application filed by Ahuja’s lawyer seeking copies of the forensic report but the matter has been adjourned till October 7. Key witness examined in Grover case http://timesofindia.indiatimes.com/news/city/mumbai/Key-witness-examined-in-Grover-case/articleshow/5053160.cms Kartikeya , TNN 25 September 2009, 01:19am IST MUMBAI: Kannada film actor Maria Susairaj’s new advocate cross-examined a prime witness, Usha Ramulu, in the Neeraj Grover murder case on Thursday. Susairaj’s earlier set of lawyers had withdrawn from the trial earlier this month after Ramulu had alleged that they had asked her to turn hostile in court. Ramulu is a key witness as she was present when police had recovered the body of Synergy Adlabs’ creative head, Neeraj Grover, from the jungles of Manor. It is the prosecution’s case that Susairaj and her naval officer boyfriend, Emile Jerome, murdered Grover at Susairaj’s Malad residence in May 2008 and then disposed of his body in the jungles of Manor. The new advocate engaged by Susairaj, Sharif Shaikh, cross-examined Ramulu and asked her several questions regarding her affiliations to a political party and if she had ever been a complainant in a criminal case. Susairaj and Jerome have denied all charges. In fact, Susairaj has maintained that at most she could be charged with destruction of evidence, which is a bailable offence. High court grills EC over banks’ pleas http://timesofindia.indiatimes.com/news/city/mumbai/High-court-grills-EC-over-banks-pleas/articleshow/5053169.cms Swati Deshpande, TNN 25 September 2009, 01:27am IST MUMBAI: The Bombay high court on Thursday expressed strong reservations over the manner in which the Election Commission had requisitioned staff from various banks and the Life Insurance Corporation (LIC). The court asked EC counsel Pradeep Rajgopal whether the requisitions made under Section 26 of the Representation of the People Act, 1951 without resorting to the other mandatory provisions were legally correct. Rajgopal said that Section 26 can be used for requisition of staff after connecting and collating information from various authorities mentioned in Section 159 of the Act and thereafter, it would be proper for the staff to be requisitioned directly under the provisions of Section 26. Both Sections had to be read conjointly, he said. The court was hearing a bunch of petitions filed by LIC, Thane Janta Sahakari Bank, Dombivli Nagari Sahakari Bank Ltd and Kalyan Janta Sahakari Bank, challenging the fact that a large number of their staff was roped in for poll work by the EC in violation of rules and even Supreme Court guidelines. Senior counsel Rafiq Dada appearing for LIC said that the entire requisition process was illegal and was hampering the corporation’s work. The court was informed that Thane district itself has 7,320 polling stations and that the district election officer requires staff of approximately 46,885 after randomisation at 125%. The collector also requires an additional staff of 7,491 persons for booth-level officers, zonal officers and micro observers. The court said the staff may be made available to the commission only if the EC demonstrates the law under which they have been asked to work. The EC said that booth-level officers, zonal officers and micro observers were appointed under the provisions of the Returning Officers’ Hand Book Folders Registration Manual. The court reserved the matter for judgment on Friday. CAT slams Ramadoss for ‘gross favouritism’ http://timesofindia.indiatimes.com/news/city/delhi/CAT-slams-Ramadoss-for-gross-favouritism/articleshow/5052850.cms Dhananjay Mahapatra, TNN 25 September 2009, 06:43am IST NEW DELHI: The Central Administrative Tribunal (CAT) on Thursday slammed then health minister Anbumani Ramadoss for gross favouritism in giving extensions to Dr Sampath Kumar, even after his superannuation as chief of CTVS in AIIMS and said such decisions could be the reason for exodus of doctors from the prestigious institute. It said favouritism in promotions sets in demoralization and frustration among the rank and file, who might have been waiting in the wings for years for a promotion only to be denied by a cruel decision of the authorities. Referring to recent reports of exodus of doctors from AIIMS, not because of frustration over pay and perks but due to maladministration, the CAT said, “If the news reports are true, what shall happen to a prestigious institution of national importance, would it remain so? The authorities must ponder over it.” Given the tone of the CAT judgment, Ramadoss was rather lucky to have escaped a judicial censure because he was not a party to the petition filed by Prof Balram Airan of CTVS and Faculty Association of AIIMS challenging extensions given to Dr Sampath without following the rules and regulations. Setting aside the extensions given to Dr Sampath after his superannuation on March 30 last year, a CAT Bench comprising Chairman Justice A K Bali and Member R C Panda said, “Dr Sampath Kumar got the extension in service out of sheer favouritism. It is not possible to return finding of mala fides, particularly when the same are alleged against the minister and he has not even been made a party respondent, but based on records, it can well be said that Dr Sampath Kumar was indeed given favoured treatment.” The Bench also directed AIIMS to consider Prof Airan for the post of CTVS chief within a week. It also asked the institute to pay Rs 20,000 as litigation cost to him. While it agreed with Airan’s counsel senior advocate Maninder Singh that extensions granted to Dr Sampath was blatant favouritism, the Bench declined a high-level probe into it saying “it was not a case of a kind of scandal”. Justice Bali, writing the judgment for the Bench, said, “It is a case of giving favoured treatment to an individual. It is unfortunate that in prestigious institutes of national importance, such as AIIMS, a person like Dr Sampath Kumar should have been doled out a favour of continuation in service totally against law, and it can well be said in the facts and circumstances of the case, to the knowledge of the AIIMS authorities.” FAIIMS president Dr Manoj Singh was at a loss to understand why a premier institute known for its expert doctors should be getting a rap every time from judicial fora for indiscretion of the authorities. “It is time to streamline the decision making process, be it promotions or other administrative matter, and vet it properly through an institutionalized legal set up,” he said. Couple separated by caste divide gets HC relief http://timesofindia.indiatimes.com/news/city/delhi/Couple-separated-by-caste-divide-gets-HC-relief/articleshow/5052859.cms Rahul Tripathi, TNN 25 September 2009, 06:44am IST NEW DELHI: Coming to the rescue of a newly-married couple, the Delhi High Court issued notices to the Uttar Pradesh and Delhi Police to produce a woman who has allegedly been kept under forceful custody by her parents at Sahibabad in UP. It asked police to produce the girl on October 7, the next date of hearing. The direction was given by Justice Sanjeev Kishan Kaul and Justice Ajeet Bhariyog in connection with a habeas corpus filed on behalf of Gaurav Saini by an NGO, Nyay Bharti. Twenty-five-year-old Saini, a networking engineer, spent 32 days in Dasna Jail on kidnapping charges after marrying Monika Dagar (21), a BSc student, against the wishes of her family. The couple who met online in chat rooms during 2006-2007 got maried on July 6 this year at an Arya Samaj temple in Malviya Nagar. But on July 5, Monika’s brother Nitin Kumar filed a complaint at Sahibabad police station after which a case of kidnapping was registered against Gaurav. While Monika comes from an upper caste family, the boy belongs to the lower caste. In his complaint, Nitin alleged that Gaurav alias Neeraj had allegedly kidnapped his sister and he feared she might be killed or trafficked. Through technical surveillance, the UP police on July 12 reached Gaurav’s house in Gautam Nagar area of Defence Colony where Monika was staying with him. “Neither Delhi Police nor UP police were ready to listen to my wife’s plea that she had married me without any coercion,” Gaurav told Times City. The couple was taken to Gulmohar Park police post and from there to Sahibabad. Monika’s custody was handed over to her parents on July 12. The victims also alleged that UP police did not take Monika’s statement and instead took a statement similar to what her brother had alleged. On July 14, Monika’s statement was recorded in front of the magistrate in which she told the judge she had left the house voluntarily and Gaurav had not raped her. After an ordeal of 32 days, Gaurav was granted bail by a Ghaziabad court on August 11. The family of Gaurav, who also runs a coaching institute at Gautam Nagar, approached the NGO in September. The NGO then took up the couple’s case and filed a habeas corpus in Delhi High Court. Following the HC order, Gaurav wrote another letter on September 22 to Delhi Police saying he feared for his wife’s safety and asked them to rescue Monika before October 7 as her family might cause her harm. Manu Sharma out on 30-day parole http://timesofindia.indiatimes.com/news/city/delhi/Manu-Sharma-out-on-30-day-parole/articleshow/5052879.cms TNN 25 September 2009, 06:46am IST NEW DELHI: Manu Sharma, serving a life term in the infamous Jessica Lall murder case, has been granted 30-day parole by the Delhi government. Sharma reportedly walked out of the high-security Tihar Jail for the first time since his conviction on Wednesday. According to sources, the parole orders were granted by the Lieutenant Governor on the grounds that Sharma needed to attend to his ailing mother and also look after the family business which was suffering in his absence. The grounds were accepted after the Delhi Police and the superintendent of Jail 2 at Tihar, where Sharma is lodged, recommended parole after checking the convict’s past records and conduct while in jail. He was asked to furnish two sureties of Rs 4,000 each for the same and asked to report back to the prison after the parole period ended. Meanwhile, soon after the parole orders were received, Sharma was released from Tihar Jail. “He came out looking happy in a green T-shirt and blue jeans. His father was waiting for him outside the main gate and looked emotional. Sharma shook hands with his fellow inmates he is friendly with and told them that he was hopeful of an extension of parole after the 30-day period ended,” said a prison official, who is not authorized to speak to the media. This is the first time that Sharma has been let out of the jail since his conviction by the Delhi High Court in December 2006. Despite being acquitted by the lower court, the Delhi High Court held Sharma guilty on the basis of available evidence and sentenced him to life imprisonment. His father Venod Sharma is a senior Congress leader from Haryana who had to resign from his cabinet post when the trial was on. Sabarmati jail should be manned by SRPF: Advocate http://timesofindia.indiatimes.com/news/city/ahmedabad/Sabarmati-jail-should-be-manned-by-SRPF-Advocate/articleshow/5053031.cms TNN 25 September 2009, 03:14am IST AHMEDABAD: Sabarmati Central Jail should not be manned by police but by State Reserve Police Force (SRPF). This is what amicus curiae appointed by the Gujarat High Court, advocate Shalin Mehta has suggested to the division bench as a measure to enhance jail security. A bench headed by the Chief Justice KS Radhakrishnan had in May asked advocate Mehta to submit a report on jail condition and come out with suggestions after an undertrial prisoner Suresh Kukadia was murdered by a convict Mahendra Vala in jail premise in March this year. The high court initiated suo motu proceedings on the issue of security in jail campus. In his report, Mehta had emphasized on quick separation of undertrial from convict prisoners, and separate administration for both campuses. But for jail security, the amicus curiae has insisted on removal of police and substitute them with SRPF personnel. He has suggested that SRPF jawans should be selected by a committee and their posting at jail premise should take place only once in a personnel’s career, so that development of vested interest can be avoided. During his earlier visits, advocate Mehta had highlighted pathetic condition of medical facilities made available to prisoners. But in a report placed on record on Thursday, he has reported remarkable development in health facilities. A diagnostic and treatment centre has been recently established with considerable facilities, and the jail authorities are planning to tie up with ISRO and Apollo Hospital to start a Micro Tele Medicine Clinic in near future. Mehta has also suggested quick filling up of the vacant post of medical staff so as to avoid shifting prisoners to the Civil Hospital, which the jail authorities consider root of all evil. The amicus curiae report has also suggested to stop outside food in jail premise for inmates. This could also reduce smuggling of prohibited goods like mobile phones, drugs, sharp instruments, guns and money inside the jail. Stressing on the need to stop prisoners going out of jail frequently for hospital visits or for regular production in courts, the amicus curie has called for extensive use of e-court and excellent medical facilities in jail compound. Judge, accused of graft, irregularities suspended http://timesofindia.indiatimes.com/news/city/ahmedabad/Judge-accused-of-graft-irregularities-suspended/articleshow/5053039.cms TNN 25 September 2009, 03:22am IST AHMEDABAD: The Gujarat High Court has suspended additional sessions judge RH Shrama after getting more than 40 complaints of irregularities, corruption and high-handed behaviour over the past decade. Registrar general of high court PP Bhatt confirmed Sharma’s suspension because of the numerous complaints against him and said that a departmental inquiry would be conducted against him. Further action against the suspended judge will be taken after this inquiry is completed. When Mumbai was rocked by the 1993 serial blasts, CBI had sought Sharma’s help in the TADA case registered against the Bollywood star, Sanjay Dutt. Sharma went to Mumbai, but he was seriously injured in a blast that took place on a railway platform in November 1993. He was hospitalised, remained unconscious for four days and discharged after a month-long treatment. During surgery, the doctors removed all shrapnel but one lodged near his heart could not be removed. Information given by the high court reveals that complaints were made against Sharma by litigants, police officers as well as lawyers from almost all courts. Sharma was known for his quick disposal of cases, including criminal cases. While he was practising as an advocate CBI picked him up for its panel of special advocates. Advocate PR Agarwal had sought details of complaints filed against the judge under RTI. Change in law spurs chaos at UK visa office http://timesofindia.indiatimes.com/news/city/ahmedabad/Change-in-law-spurs-chaos-at-UK-visa-office/articleshow/5053044.cms TNN 25 September 2009, 03:32am IST AHMEDABAD: Kirit Patel, 28, an applicant for UK student visa rushed all the way from Kheda to apply at VFS UK application centre in Paldi on Wednesday night before enforcement of a new rule from October 1. Patel was among hundreds camping at the centre to make the most of the opportunity. But trouble erupted when visa application office closed at 2 pm on Thursday without giving tokens. This was unlike their usual practice of giving tokens to persons with pending applications for next day. Chaos reigned as disappointed applicants came to blows with security personnel. An infuriated Patel said, “I have been waiting here since midnight. Authorities cancelled the token system without informing us. This will create more chaos among visa applicants.” The fact that the centre will be closed for three days starting from Saturday did not help. SK Pathan from Borsad too was standing in the queue to avoid the new clause. “There is complete mismanagement here and we fear that the situation is only going to get worse on Friday,” said Pathan, who wants to pursue diploma course in management from London. Later, Ellisbridge police station officials were called to control the situation. Inspector HM Kundaliya said, “This has become a daily affair. We have already served the centre a notice to keep daily number of applicants in check and also to deploy private security. A queue forms near the centre from wee hours. It causes inconvenience to nearby residents.” Academy to train consultants in GST law http://timesofindia.indiatimes.com/news/city/ahmedabad/Academy-to-train-consultants-in-GST-law/articleshow/5053043.cms TNN 25 September 2009, 03:28am IST AHMEDABAD: Bracing up for the new Goods and Service Tax (GST) regime, state tax consultant organisations and government have decided to set up an institute to train 5,500 consultants in the law. The institute titled Value Added Tax and Goods and Service Tax Academy’ will be one-of-a-kind institute. The academy headed by retired justice DM Vasavda will have several eminent lawyers, retired judges of the high court and tax experts coming for lectures. It will begin functioning in two months’ time, according to Gujarat sales tax bar association president Mehul Gandhi. “We have been given a 9,000-square-yard space on the ninth floor of Bahumaliya Building at Lal Darwaza. For the time being, we will train consultants in GST and then trade bodies. We have 10 months to go before implementation of the new tax regime,” added Gandhi. Follow up all court cases, says Niwas http://timesofindia.indiatimes.com/news/city/chandigarh/Follow-up-all-court-cases-says-Niwas/articleshow/5053102.cms TNN 25 September 2009, 01:38am IST CHANDIGARH: To ensure timely submission of replies in various pending court cases by different departments of the Chandigarh administration, home secretary Ram Niwas on Thursday asked all heads of UT departments to take up the issue on a priority basis. Niwas was of the view that whenever department receives any court case, the nodal officer should be asked to take up the matter in a time-bound manner. He further directed the HoDs to brief the nodal officer concerned regarding the implication of the case he is going to represent in the court and hold him accountable, in case court imposes any penalty or initiates actions against the department due to any delay in reply. The HoDs should be in constant touch with the advocates dealing with the particular case. Director information technology Manjit Singh Brar apprised that the intra website of the administration has a module for updating the status of the pending cases of the departments which could then easily be monitored by the LR. The home secretary also enquired from officials regarding pending cases. Teenager gets seven-year RI for raping minor http://timesofindia.indiatimes.com/news/city/nagpur/Teenager-gets-seven-year-RI-for-raping-minor/articleshow/5053563.cms T O Abraham, TNN 25 September 2009, 06:30am IST YAVATMAL: The additional district and sessions judge Mangesh Patil of Pandharkawda court on Wednesday sentenced a 19-year-old youth to undergo rigorous imprisonment for seven years and pay a fine of Rs 2,000 for raping a minor girl. According to sources, accused Shital Borkar of Indira Nagar locality of Pandharkawda Municipal Council had lured a minor girl of five years in his neighbourhood to his house in 2003 and raped her. After committing the heinous crime, the accused fled from the scene. The victim narrated the entire episode to her mother. The parents of the little girl then lodged a complaint at Pandharkawda police station. The police registered a criminal offence under section 379 of IPC against the accused and arrested him. The then PSO FU Rothe investigated the case and filed FIR before the court along with a list of witnesses. During the trial the court recorded the statements of nine witnesses and the victim as well. The court also heard the arguments of both the prosecution and the counsel for the accused. Finally, the court held accused Borkar guilty of committing rape on the minor girl and sentenced him to undergo rigorous imprisonment for seven years and pay a fine of Rs 2,000 and in lieu of fine undergo further RI for six months. Makarand Acharya appeared for the state while Gajanan Khairkar appeared for the accused. 1-yr RI for rash driver who caused death http://timesofindia.indiatimes.com/news/city/nagpur/1-yr-RI-for-rash-driver-who-caused-death/articleshow/5053566.cms T O Abraham, TNN 25 September 2009, 06:34am IST YAVATMAL: The Pusad court on Wednesday sentenced the driver of a bus to one year rigorous imprisonment for causing the death of a pedestrian due to rash driving in 2003. The court records show that on May 20, 2003, one Ajmatulla Khan was walking towards the bridge on Pus river near Pusad at about 8pm. A bus bearing registration number MH 29/7322 coming from Yavatmal and going toward Pusad hit the pedestrian on the bridge and he sustained grievous injuries. Though Khan was rushed to the hospital, he succumbed to his injuries. The Pusad police had registered an offence under sections 304(A) and 279 of IPC against the driver of the bus Subhash Kalu Rathod and arrested him. The police filed charges after an investigation along with a list of five witnesses. Government pleader Subhash Rathod examined all five witnesses during the trial and the court held the driver guilty of reckless driving. The court sentenced him to undergo RI for one year under section 304(A) and pay a fine of Rs 1000. In lieu of the fine, the convict will undergo one month additional imprisonment. The court has also held him guilty under section 279 of IPC and sentenced him to undergo three months RI and pay a fine of Rs 300 and in lieu of fine undergo imprisonment for 10 days. The prisoner will undergo all the terms simultaneously. Leader of Opposition comes under RTI, says CIC http://timesofindia.indiatimes.com/news/india/Leader-of-Opposition-comes-under-RTI-says-CIC/articleshow/5052446.cms TNN 25 September 2009, 04:11am IST NEW DELHI: After ruling that the office of Supreme Court of India comes under the ambit of the Right to Information (RTI) Act, the Central Information Commisison (CIC) on Thursday said the office of Leader of Opposition in Lok Sabha was also covered under the Act and should provide information as per its provisions. Chief information commissioner Wajahat Habibullah said “office of Leader of Opposition is a public authority” as it is created by a notification of the government but reserved his decision whether it was part of Lok Sabha secretariat or an independent office. Habibullah was hearing the plea of RTI applicant Subhash Chandra Agrawal who sought detailed information from L K Advani on the letter written by him to PM Manmohan Singh on the issue of black money allegedly stashed away in Swiss banks and the finance minister’s reply to it. Initially, Advani’s office did not reply to his queries but after the complaint notice was sent by CIC, his secretary Deepak Chopra provided the communication. Can’t remove Jaswant as PAC chief: Speaker http://timesofindia.indiatimes.com/news/india/Cant-remove-Jaswant-as-PAC-chief-Speaker/articleshow/5052536.cms Subodh Ghildiyal , TNN 25 September 2009, 03:58am IST NEW DELHI: Speaker Meira Kumar is unlikely to sack Jaswant Singh as chairman of Public Accounts Committee, saying there was a “definite rule” which permitted her to dismiss the head of PAC only in case he was “unfit to act”. Asked if Jaswant could be sacked yet as nothing had been heard from her since the controversy broke out, Kumar told TOI, “Rules do not empower me to remove any chairman unless he, for any reason, is unable to act.” The term “unable to act” is seen as vague and could be meant to convey inability to function because of health problems or physical absence. The Speaker’s interpretation of rules after Jaswant took a meeting of PAC despite boycott from BJP members may mean that the expelled leader is in for an uninterrupted innings. Ever since the Jinnah controversy and Jaswant’s expulsion from BJP amid heightened emotions over partition, the PAC chairmanship has become a contentious issue. The saffron anxiety revolves around the fact that Jaswant at the head of the crucial committee would undo a potent weapon in the hands of the Opposition party — as PAC is considered. Given that it vets the audit of government projects and deals, it is the best tool for an Opposition party to embarrass the government. No wonder, BJP made several attempts to dislodge Jaswant, even appealing to the Darjeeling MP himself, but there has been no sign of the deadlock unraveling in its favour. Now the Speaker’s words could see them reconcile to the loss. Kumar said, “As long as he is able to function as chairperson, the Speaker cannot remove him.” Interestingly, Kumar said she had not seen any written demand from BJP for Jaswant’s removal from PAC. This is surprising as BJP brass called on Congress troubleshooter Pranab Mukherjee to settle the issue in its favour. Ruling circles see two viewpoints on the issue. While one camp feels that Jaswant got the PAC chairpersonship by virtue of being a BJP man and should thus be sacked, others see it politically and would settle for saffron woes than relief. PM’s health is personal info, can be withheld under RTI: CIC http://www.indianexpress.com/news/pms-health-is-personal-info-can-be-withheld-under-rti-cic/521609/ Agencies Posted: Friday , Sep 25, 2009 at 1859 hrs New Delhi: Unlike the US where the state of the President’s health is made public annually, the Central Information Commission (CIC) has ruled that no information of any ailment of the Prime Minister can be disclosed under the Right to Information Act. It is personal in nature and disclosure will be an invasion of privacy, Chief Information Commissioner Wajahat Habibullah held on an RTI application by Mumbai-based Chetan Kothari. Kothari had sought details of ailments of Prime Ministers and expenses incurred on treatment on the ground that no information on the same was provided by the Prime Minister’s office. The Commission, however, said expenses incurred during the treatment should be disclosed since they are made from the public exchequer. “Insofar as expenses are concerned this is indeed information that is disclosable since the expenses made from the public exchequer are accountable. “However, ailment of the individual is personal information and in our view disclosure would indeed be in violation of sub-section (j) of Section 8 (1),” he said. Ther section exempts disclosure of personal information. This is in contrast with the practice in the US where they put in public domain information about the President’s health every year.

5 Responses

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