LEGAL NEWS 30.05.2010

Visually-challenged plan PIL against Govt
http://www.deccanherald.com/content/72336/visually-challenged-plan-pil-against.html
Nandini Chandrashekar, May 29, Bangalore, DHNS:
Frustrated by the Karnataka Government’s disinclination to identify posts in its departments for the visually-challenged, the National Federation for the Blind plans to file a Public Interest Litigation (PIL) to seek relief.
Repeated efforts to get the State Government to initiate steps to identify posts in A, B, C and D categories as promised under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, have borne no response at all.Section 32 of the Act mandates every appropriate government to identify such jobs in public sector which can be performed and reserved for persons with different kind of disabilities. Of the three per cent jobs for People With Disabilities (PWD), one per cent is reserved for people who are blind or have poor vision. What is more, this list has to be revised every three years.The State Governemnt identified a list for Group C and D categories in 2002, but only 33 of the 100 departments responded to the list.Gautam C Agarwal of National Federation of the Blind says that in September 2005, the government issued an order identifying jobs for persons with disabilities under the A and B category, following a Court order to the effect. “This list was very limited and only identified a few jobs for persons with disabilities, especially those with visual impairment. There was neither any committee constituted nor the representatives from the disability sector consulted for the identification of jobs in group A and B,” he says.The flipside of the order was that it excluded certain jobs that were previously open to persons who are blind and those with poor vision. Every move of the State government seems to be shortsighted in this regard. The list for A and B category was revised in August 2009, but came with a clause saying that a medical person has to not only confirm the degree of blindness, but certifying their competence on the job. This clause was found highly objectionable as a doctor was in no position to certify someone’s ability to perform on the job. Despite verbal assurances from officials that it would be withdrawn, the order stands.A list in 2009 identified a mere 29-30 posts as opposed to nearly 300 identified by the Centre. While other States identified posts across all departments, Karnataka chose to ask each department to send in their list of suitable jobs, leading to complications. For example, a department may choose the post of a phone operator as suitable for a blind person, but another department may not concur.This is the plight after appointing an expert committee headed by the Secretary of the Department of Women and Child Development (DCWD). The Committee has no members of the visually challenged community who can give a better idea of what jobs could be performed keeping in mind the latest technological advances, claims Agarwal.

Divorce by consent before waiting period:SC refers it to bench
http://www.hindustantimes.com/Divorce-by-consent-before-waiting-period-SC-refers-it-to-bench/Article1-550599.aspx
Press Trust Of India
New Delhi, May 30, 2010
Following some of its own conflicting judgements, the Supreme Court has referred to a three-judge bench a crucial question on whether couples can be granted “divorce by mutual consent” before the mandatory waiting period of six months.
A bench of Justices D K Jain and C K Prasad said it was necessary to have a “clear ruling” on the issue as there had been conflicting decisions by different benches of the apex court on the issue.
The reference came in a divorce dispute in which a man named Rakesh Malviya agreed to pay Rs 65 lakh to his estranged wife Neeti after the couple agreed to a divorce under “mutual consent”. But they had to fulfil the condition of six months mandatory period before getting the divorce decree.
Sub-section (1) of Section 13-B of the Hindu Marriages Act provides for dissolution of marriage on mutual grounds, if the couple have been living separately for a period of one year or above.
Under the provision, once the petition for divorce under “mutual consent” was filed, the parties have to wait for a six months period before another application is moved jointly for getting the decree of divorce.
In the Anjana Kishore Vs Puneet Kishore case, a three-judge bench of the apex court waived off the six month period for granting the decree of divorce by exercising its extraordinary powers under Article 142 of the Constitution.
Article 142 empowers the Supreme Court to pass any order or judgement for rendering justice to individuals and others.
Thereafter, a number of high courts and even matrimonial courts started granting divorce decrees without waiting for the mandatory period.
Subsequently, in the Anil Kumar Jain vs Maya Jain case, another three-judge bench opined that only the Supreme Court has the power to waive off the six month period and not the high courts, much less the matrimonial courts.
However, in the Manish Goel and Poonam case, another three-judge bench held that even the Supreme Court cannot waive off the six months period under Article 142 as the power cannot be exercised in contravention of the statutory provisions provided under section 13-B(2).
“Under Article 142 of the Constitution, this court cannot altogether ignore the substantive provisions of the statute and pass orders concerning an issue which can be settled only through a mechanism prescribed by a statute,” the bench had ruled at that time.
In view of the conflicting judgements, the two-judge bench referred “the matter to a bench of three judges in order to have a clear ruling on the issue for future guidance.”

Shares ‘vest’ in Nominee and not Heirs: High Court
http://legalperspectives.blogspot.com/2010/05/shares-vest-in-nominee-and-not-heirs.html
30 May 2010
In a recent decision the Bombay High Court has declared that shares of a company vest in the Nominee for such shares upon the death of the shareholder and not with the heirs of the deceased. It was contended by a widow that she was entitled to the ownership of the shares held by her deceased husband in view of the fact that she was heir to his property. The High Court, taking note of the fact that a third party was declared as a nominee to those shares, held otherwise. The Bench examined the provisions of the Companies Act and other enactments to come to such conclusion.

The High Court inter alia observed as under;

4. The law relating to nomination is set out in 109A of the Companies Act pursuant to the amendment which came into effect on 31st October 1998. It is common knowledge that prior to 1996 shares were not held in dematerialised form. Consequent upon the Dematting of the shares the Share Certificates in physical form are not mandatorily required to be issued by the Limited Companies listed on the Stock Exchanges. Shares can be transferred by word of mouth or on the Internet from person to person. Upon such transfer the membership rights of the holder of the shares changes. Since the share is an intangible movable property it is bequeathable estate The nomination in respect of the shares is, therefore, important. Section 109A sets out the rights of the holder of shares to nominate as well as the rights of the nominees thus:
109A. Nomination of shares – (1) Every holder of shares in, or holder of debentures of a company may, at any time, nominate, in the prescribed manner, a person to whom his shares in or debentures of, the company shall vest in the event of his death.
(2) xxx
(3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such shares in, or debentures of, the company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the shares in, or debentures of, the company, the nominee shall, on the death of the shareholder or holder of debentures of the company or, as the case may be, on the death of the joint holders become entitled to all the rights in the shares or debentures of the company or, as the case may be, all the joint holders, in relation to such shares in, or debentures of the company to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner.
(4) xxx
It can be seen from the aforesaid provision that nomination is required to be made in the prescribed manner. Upon such nomination the shares would vest in the nominee in the event of the death of the holder. Further upon it being made in the prescribed manner the nominee would become entitled to all the rights in the shares of the Company to the exclusion of all other persons. That is the effect of vesting the shares in the nominee.
5. Mr. Maheshwari drew my attention to the Depositories Act 1996. Section 9.11 thereof relates to transmission of securities in the case of nomination. Section 9.11 runs thus:
9.11. TRANSMISSION OF SECURITIES IN THE CASE OF NOMINATION:
9.11.1. In respect of every account, the Beneficial Owner(s) (“Nominating Person(s)”) may nominate any person (“Nominee”) to whom his securities shall vest in the event of his death in the manner prescribed under the Business Rules from time to time.
9.11.2. The securities held in such account shall automatically be transferred in the name of the Nominee, upon the death of the Nominating Person, or as the case may be, all the Nominating Persons subject to the other Bye Laws mentioned hereunder.
9.11.3 xxx
9.11.4. Beneficial Owner(s) may substitute or cancel a nomination at any time. A valid nomination, substitution or cancellation of nomination shall be dated and duly registered with the Participant in accordance with the Business Rules prescribed therefor. The closure of the account by the Nominating Person(s) shall conclusively cancel the nomination.
9.11.5. A Nominee shall not be entitled to exercise any right conferred on Beneficial Owners under these Bye Laws, upon the death of the Nominating Person(s), unless the Nominee follows the procedure prescribed in the Business Rules for being registered as the Beneficial Owner of the securities of the Nominating Person(s) in the books of the Depository.
9.11.6. A nominee shall on the death of the Nominating Person(s) be entitled to elect himself to be registered as a Beneficial Owner by delivering a notice in writing to the Depository, along with the certified true copy of the death certificate issued by the competent authority as prescribed under the Business Rules. Subject to scrutiny of such election, the securities in the Account shall be transmitted to the account of the Nominee held with any depository.
9.11.7. Notwithstanding anything contained in any other disposition and/or nominations made by the Nominating Person(s) under any other law for the time being in force, for the purposes of dealing with the securities lying to the credit of deceased Nominating Person(s) in any manner, the Depository shall rely upon the last nomination validly made prior to the demise of the Nominating Person(s). The Depository shall not be liable for any action taken in reliance upon and on the basis of nomination validly made by the Nominating Person(s).
9.11.8 xxx
6. Upon such nomination the securities automatically get transferred in the name of the nominee upon the death of the holder of shares. The nomination is required to be dematted duly registered with the Depository Participant (Bank) in accordance with the Business Rules. The nominee is required to follow the prescribed procedure in the Business Rules. Upon the death of the holder of the shares the nominee would be entitled to elect to be registered as an beneficiary owner by notifying the Bank along with the certified copy of the death certificate. The Bank would be required to scrutinise the election and nomination of the nominee registered with it. Such nomination carries effect notwithstanding anything contained in a Testamentary Disposition or nominations made under any other law dealing with the Securities. The last of the many nominations would be valid.
7. Under the said Section the holders of the shares would nominate any person in whom the securities would vest in the event of his death. This nomination has to be made in the manner prescribed under the Business Rules.
8. It can be seen that since all the shares are held in Demat form with the Depository Participant and the portfolio of the holder may change each day. Hence one nomination is specifically required to be made as provided in the aforesaid legislation. The nomination would have the effect of vesting in the nominee complete title in the shares. He would be entitled to elect to be registered as a beneficial owner of the shares or he would have the right to transfer the shares. These are inter alia the rights of every shareholder of a listed Companies. These rights show that the vesting of the shares is upon the death of the shareholder provided only that the nomination is made as per the procedure set out by the Depository participant. This procedure is the registration of the form of nomination constituting the nomination of the nominee with his photograph signed by the holder as well as the nominee and witnessed by at least 2 persons and registered with the Bank. The purpose and object of this Section is clear. It is simplifies the procedure relating to the transmission of shares which is otherwise an intangible movable property. As the shares are now held in Dmat form and can be purchased and sold in the market by word of mouth or on the Internet, and no physical share certificates are issued by Companies, only one nomination for all the shares in all the companies need be made. That can be registered only with the Depository Participant who records all the share transactions of the holder of the shares who is mandatorily required to open a Dmat account with the Depository Participant. Hence the legislature has simplified and specified the procedure for vesting of shares by nomination made in the prescribed manner.
14.The meaning and definition of the word “Vest” is required to be considered. Black’s Law Dictionary 8th Edition at page 1594 shows the meaning of “Vest” thus:“
Vest:1. To confer ownership of (property) upon a person.
2. To invest (a person) with the full title to property.
3. To give (a person) an immediate, fixed right of present or future enjoyment.
4. Hist. To put (a person) into possession of land by the ceremony of investiture.
Vested: Having become a completed, consummated right for present or future enjoyment; not contingent; unconditional; absolute .”
Further the meaning of vested right is given in the aforesaid Dictionary at page 1349 thus: “Vested right. A right that so completely and definitely belongs to a person that it cannot be impaired or taken away without the person’s consent”.
15. The meaning of Vested Interest in the said Dictionary is explained at page 829 thus: “Vested interest. An interest the right to the enjoyment of which, either present or future, is not subject to the happening of a condition precedent”.
16.The meaning of Vested Estate at page 588 is shown thus: “Vested estate. An estate with a present right of enjoyment or a present fixed right of future enjoyment.
17.Advanced Law Lexicon by P. Ramanatha Aiyar 3rd Edition 2007 at page 2677 when explains the term Vested Legacy thus: VESTED LEGACY. A legacy the interest in which is so fixed as to be transmissible to the personal representative of the legatee.
18. The judgment in the case of The Fruit & Vegetable Merchants Union Vs. The Delhi Improvement Trust, A.I.R. 1957 SC 344 at page 353 holds that the word “Vest” can be used differently upon considering the English Law.
19. It is observed that the word “Vest” is a word of variable import even under Indian Statutes. The illustrations given in the judgment are the Insolvency Act which provides that the property vests in the Receiver. Such vesting is held to be temporary and only for the purpose of management of the properties of the insolvent for payment of his debts after distributing his assets. Consequently, the Receiver would have no interest of his own in the property vested in him. The vesting under the Land Acquisition Act is shown to be different. Under that Act the property would vest “absolutely in the Government free from all encumbrances”. Hence upon such vesting the property acquired becomes the property of the Government without any conditions or limitation either as to its title or possession. Consequently, it is held at page 353 runs thus:
“ It would thus appear that the word “vest” has not got a fixed connotation, meaning in all cases that the property is owned by the person or the authority in whom it vests. It may vest in title, or it may vest in possession, or it may vest in a limited sense, as indicated in the context in which it may have been used in a particular piece of legislation.”
20. Hence under that judgment which considered the provisions of the U.P. Town Improvement Act it was held that the land vesting in the Municipal or Legal Body was so vested only for the purpose of managing that land and would not transfer ownership of the property to the Authority.
21.In the case of Dr. M. Ismail Faruqui Vs. Union of India A.I.R. 1995 S.C. 605 the concept of vesting the property in the Acquiring Authority came to be considered under the Acquisition of Certain Area at Ayodhya Act (33 of 1993). Considering the pith and substance of the Act, which was for the acquisition of the property at Ram Janma Bhoomi Babri Masjid site under a legislation, it was held that vesting of the disputed land (Ram Janma Bhoomi Babri Masjid) was limited to holding it by the Civil Government as Statutory Receiver and vesting of the area in excess of the disputed structure was absolute. Hence, it is seen that the intention of the Legislature is of primary importance in considering the effect of the term “vest” in a given legislation.
22. In the case of Municipal Corporation of Greater Bombay Vs. Hindustan Petroleum Corporation (2001) 8 SCC 143 the vesting of watercourse in the Municipal Corporation was held not to be except for entrustment of the duty of the Municipality to maintain them in the manner provided under Section 220A of the Bombay Municipal Corporation Act, 1888. This would be in consonance with the intention of the legislation – no land can become of the ownership of the Municipality merely because the Municipality is enjoined to maintain it and for which the vesting in possession alone would take place; the ownership would not vest.
23. Considering some of these judgments it has been held in the case of Bharat Coking Coal Ltd. Vs. Karam Chand Thapar & Bros. 2002 (8) SCALE 388 that the term vest in common English acceptation would mean and imply conferment of ownership of properties upon a person and in similar vein it gives immediate and fixed right of present and future enjoinment. However, it is observed, following the decision in the case of Fruit and Vegetables (supra) and Dr. M Faruqui (supra) that the term vest is a word of variable import. In that judgment the right, title and interest of the Coke oven plant which is vested in the Central Government under the Coking Coal Mines (Nationalisation) Act, 1972 was considered. In that case the Appeal of the Company, in which the right, title and interest of the owners of the plants were to have vested under the aforesaid legislation, was dismissed holding that pursuant to the legislation the right, title and interest could not stand transferred to the Government Company since no infraction by the title holders was seen.
24. In the light of these judgments Section 109A of the Companies Act is required to be interpreted with regard to the vesting of the shares of the holder of the shares in the nominee upon his death. The act sets out that the nomination has to be made during the life time of the holder as per procedure prescribed by law. If that procedure is followed, the nominee would become entitled to all the rights in the shares to the exclusion of all other persons. The nominee would be made beneficial owner thereof. Upon such nomination, therefore, all the rights incidental to ownership would follow. This would include the right to transfer the shares, pledge the shares or hold the shares. The specific statutory provision making the nominee entitled to all the rights in the shares excluding all other persons would show expressly the legislative intent. Once all other persons are excluded and only the nominee becomes entitled under the statutory provision to have all the rights in the shares none other can have it. Further Section 9.11 of the Depositories Act 1996 makes the nominee’s position superior to even a testamentary disposition. The nonobstante Clause in Section 9.11.7 gives the nomination the effect of the Testamentary Disposition itself. Hence, any other disposition or nomination under any other law stands subject to the nomination made under the Depositories Act. Section 9.11.7 further shows that the last of the nominations would prevail. This shows the revocable nature of the nomination much like a Testamentary Disposition. A nomination can be cancelled by the holder and another nomination can be made. Such later nomination would be relied upon by the Depository Participant. That would be for conferring of all the rights in the shares to such last nominee.
25. A reading of Section 109A of the Companies Act and 9.11 of the Depositories Act makes it abundantly clear that the intent of the nomination is to vest the property in the shares which includes the ownership rights thereunder in the nominee upon nomination validly made as per the procedure prescribed,, as has been done in this case. These Sections are completely different from Section 39 of the Insurance Act set out (supra) which require a nomination merely for the payment of the amount under the Life Insurance Policy without confirming any ownership rights in the nominee or under Section 30 of the Maharashtra Cooperative Societies Act which allows the Society to transfer the shares of the member which would be valid against any demand made by any other person upon the Society. Hence these provisions are made merely to give a valid discharge to the Insurance Company or the Cooperative Society without vesting the ownership rights in the Insurance Policy or the membership rights in the Society upon such nominee. The express legislature intent under Section 109A of the Companies Act and Section 9.11 of the Depositories Act is clear.
26.Since the nomination is shown to be correctly made by her husband who was the holder of the Suit shares, the Plaintiff would have no right to get the shares of her deceased husband sold or to otherwise deal with the same.

Have a look at the decision.
Penned by Tarun Jain on 5/30/2010

IRDA can appoint surveyor to decide quantum of damages: HC
http://economictimes.indiatimes.com/personal-finance/insurance/insurance-news/IRDA-can-appoint-surveyor-to-decide-quantum-of-damages-HC-/articleshow/5990479.cms
30 May 2010, 1028 hrs IST,PTI
NEW DELHI: The Delhi High Court has held that a person can approach insurance regulator IRDA seeking compensation for the loss suffered and it is empowered to appoint surveyors for assessing the quantum of damages. Brushing aside the plea of New India Assurance Company that the IRDA (Insurance Regulatory and Development Authority) had no jurisdiction to entertain petition when the claim was solely denied by it, the court said the order appointing surveyors was “clearly pursuant to the mandate” of the Insurance Act and it was immaterial whether claim was admitted or rejected. “Even in respect of a claim that has been repudiated by the insurer, it would be within the scope of the powers and functions of the IRDA to intervene at the instance of the aggrieved claimant… Therefore, by appointing independent surveyors and calling for a report, the IRDA did not commit any illegality,” Justice S Muralidhar said. An independent surveyor is appointed by the insurer to assess the quantum of damages when a claim for compensation is made against any policy. The judgement was passed on a plea of the insurer challenging an order of appellate authority directing it to pay compensation of around Rs eight crore to an exporting firm, which claimed to have suffered a loss to the tune of Rs 40 crore due to an incident of fire. In this case, an exporting firm had taken insurance cover under fire policy for the stock of red sanders in its godown in Andhra Pradesh, which was destroyed in fire. When the exporting firm sought damages, the insurance company rejected it on the basis of report of the surveyors appointed by it saying that the firm did not comply with the terms and conditions of the fire policy. Aggrieved by the repudiation of the claim, the firm approached the IRDA which awarded a compensation of nearly Rs 2.2 crore on the recommendation of surveyors appointed by it. However, the appellate authority under the Central Government raised the compensation amount to around Rs 8 crore which was challenged before the High Court by the insurer. Interpreting the provisions of the Insurance Act the court said, “It is plain that one of the functions of the IRDA includes protecting the interests of the policy holders in matters concerning settlement of insurance claims. “If the above provision has to be given a meaningful interpretation, keeping in view the objective of having the IRDA as an independent statutory authority, then clearly the intention of Parliament was to vest the IRDA with sufficient powers to discharge those functions.” The court said the damage assessment report by a surveyor was not binding on the insurance company generally but it must assign “good reason” while repudiating a claim

HC asks PMC to clean drains, install trash bins
http://timesofindia.indiatimes.com/city/patna/HC-asks-PMC-to-clean-drains-install-trash-bins/articleshow/5990146.cms
TNN, May 30, 2010, 06.41am IST
PATNA: The state capital is one of those cities wont to seeing promontories of garbage on roads. But here’s some good news from the civic bosses. Patna High Court on April 26, in reply to a PIL, issued a directive to Patna Municipal Corporation to get sewer lines, drains and manholes cleaned. A division bench comprising Chief Justice Dipak Mishra and Justice Mihir Kumar also directed the civic agency to put dustbins across the city for collection of garbage. The bench also asked PMC to take action against those found throwing garbage and polythene bags on the road. In another ruling, the court asked PMC to clear remains of dead animals and carcasses from residential areas. According to PMC commissioner Shridhar Chiruvolu, the civic body has taken up the issue of solid waste management “quite seriously”. “We have begun the process by entering into an agreement with A to Z Private Limited Company. In the first phase, nine wards under Nutan Anchal Area or New Patna under PMC and main roads of the city have been selected for the clean-up drive,” he said. Two areas of garbage cleaning will get a thrust: door-to-door collection from individual households and transportation and dumping of wastes in Ramachak. “We are finalising the terms of the tender. The cleanliness drive will spread to other parts of the city in the second phase,” he said. Krishna Narayanan, resident of Polo Road, was all smiles. “It’s such a pleasure to see the ground outside our house, that used to be a dumping ground, clean. Children even play cricket here over weekends,” said Krishna. However, a senior bureaucrat residing in the same area, had a suggestion, “More waste bins should be put up on Polo Road and off-Polo Road,” he said. Areas, where the cleaning process is already under way, are VIP neighbourhoods housing residences of the chief minister, ministers, MLAs, judges and senior bureaucrats. Kankerbagh, Patna City, Rajendra Nagar, Mithapur and Mussalapur Haat, however, remain as dirty as ever. There are open drains, waste from households find their way directly to roads, meat is sold openly in places like Boring Road and Raja Bazar and defecation in public are regular civic eyesores. Kankerbagh businessman Anup Shrivastava pointed out his family’s suffering, “The stench is sickening. There is a huge garbage dump where my son’s school bus halts. Crows and dogs add to our woes by rummaging this waste.” According to S C Singh, chairman, Bihar State Pollution Control Board, garbage disposal creates health hazards. As per the board’s guideline, garbage should be dumped in the pit and covered. But nothing of that nature happens in the city. “We have started a concerted effort through the media to create awareness about civic sense and to discourage people from polluting their localities,” he added.

Civil India Asks CJI For Fresh Probe Into Shopian Case
http://www.kashmirobserver.net/index.php?option=com_content&view=article&id=4695:civil-india-asks-cji-for-fresh-probe-into-shopian-case&catid=15:top-news&Itemid=2
Srinagar, May 29, KONS: A strong cry for justice has risen from across India on the first anniversary of the Shopian tragedy, with women rights groups and activists from several states asking the Chief Justice of the Supreme Court to initiate a fresh, impartial probe into the case that had rocked Kashmir for months and is yet to see a fair resolution.In an open letter to the Chief Justice of India, the chairman of the National Commission for Women, and the chairman of the National Human Rights Commission, rights champions from Kashmir have highlighted the CBI’s systematic use of the media and leaks to traduce and hound the seekers of justice in this case, including the victims’ family, and its failures in probing highly relevant aspects of the investigation.On the first anniversary of the Shopian tragedy, the conscience-keepers of the nation have reminded the Chief Justice of India that no justice had been secured for Kashmiri women who had suffered sexual assaults and violence in the past due to the heavy presence of the armed forces and the police in the region, and asked him to ensure that Shopian was not a repeat of the previous practice. The open letter, signed by 37 highly reputed and active groups from all over India, and over 55 individuals of acknowledged renown in the field of social work from across the country and abroad, asserts that the transfer of the then chief justice of the J&K High Court, Justice Barin Ghosh, who was monitoring the investigations and had refused to accept the CBI report as the gospel truth, had in fact been a punitive measure for daring to go against what suited the convenience of the state agencies. Enclosing a devastating critique of the investigations by Anuradha Bhasin Jamwal of the Kashmir Times, the letter contends that the CBI findings were in total contradiction to three separate fact-finding reports and the government-appointed Justice Muzaffar Jan Commission, which had established rape and murder as the likely cause of death, and indicted five police officers for destruction of evidence. “In the face of (the) serious lapses by the CBI, we call upon you, as the Chief Justice of India//Chairperson, National Commission for Women//Chairperson, National Human Rights Commission to initiate a fresh and impartial enquiry to ensure that the truth one day be told,” the letter says.

CPI(M) seeks legal action against perpetrators
http://beta.thehindu.com/news/national/article441248.ece
Special Correspondent
The Communist Party of India (Marxist) has expressed concern over the killing of three youths of Rafiabad in an alleged encounter by an Army unit in Jammu and Kashmir.
The alleged fake encounter took place on April 30 and the bodies were exhumed on Friday.
While the Jammu and Kashmir police have registered a murder case against the Army unit, the CPI(M) has demanded legal action against the perpetrators, who were involved in this serious crime and violation of human rights.
The Polit Bureau wanted the government to stop recurrence of such incidents.

Maya dares Opposition to declare assets
http://timesofindia.indiatimes.com/India/Maya-dares-Opposition-to-declare-assets/articleshow/5986992.cms
TNN, May 29, 2010, 02.59am IST
LUCKNOW: Stung by criticism of a rapid rise in her assets, chief minister Mayawati on Friday asked opposition leaders to declare their latest assets records along with the original figures at the time joining politics. She also demanded the UPA government to make public names of 50 Indians having accounts in foreign banks, the list of which, she claimed, has been provided by the German government. Accusing the opposition of having a casteist mentality, she said they were not able to digest the success of ‘Dalit ki beti’. Mayawati’s assets in May 2007 were worth Rs 52 crore. The figure has now gone up to Rs 86 crore. Claiming that every single penny she has declared while filing the nomination for the legislative council polls is accounted for, Mayawati said that SP chief Mulayam Singh Yadav only had a bicycle and a few bighas of land when he joined politics. But today, as per a PIL filed in SC, Yadav and his family owns millions, she added.

Todi moves SC against HC order
http://timesofindia.indiatimes.com/city/kolkata-/Todi-moves-SC-against-HC-order-/articleshow/5987544.cms
AGENCIES, May 29, 2010, 07.15am IST
NEW DELHI: Industrialist Ashok Todi on Friday moved the Supreme Court, challenging the Calcutta high court’s order that directed CBI to conduct a fresh probe into the death of computer graphics teacher Rizwanur Rahman after registering a murder case. The Calcutta high court had on May 18 ordered Central Bureau of Investigation to initiate a fresh probe into the death of Rizwan, over two years after he was found dead in the Patipukur area of Kolkata. Setting aside the CBI investigation earlier ordered by a single bench, a division bench had asked the agency to complete the probe within four months treating as an FIR the complaint filed by Rukbanur Rahman, elder brother of Rizwan. Rizwan was found dead near the railway tracks, just a month after his marriage to Todi’s daughter Priyanka.

`Coward’ Mumbai policemen likely to face action
http://www.ptinews.com/news/676680_-Coward–Mumbai-policemen-likely-to-face-action
STAFF WRITER 13:53 HRS IST
Mumbai, May 29 (PTI) Policemen indicted by a special court for “running away” instead of fighting the terrorists during the 26/11 attacks here are likely to face action.”I have read media reports which stated that the honourable judge had criticised some police personnel (of Azad Maidan Police Station in South Mumbai), saying they had not acted properly in stopping the terrorists during the terror attacks. But I am yet to get the copy of the judgement,” Police Commissioner D Sivanandan said.He said, “I will go through the copy and if I find the officers were not up to the mark and ran away from fighting the terrorists, I will take appropriate action against them.” Judge M L Tahaliyani, while delivering the judgement in the 26/11 case, had severely criticised some policemen, including officers, for their inaction during the assault.

HC adjourns Rathore bail plea till May 31
http://www.hindustantimes.com/HC-adjourns-Rathore-bail-plea-till-May-31/Article1-549997.aspx
HT Correspondent , Hindustan Times
Email Author
Chandigarh, May 28, 2010
Convicted top cop S.P.S. Rathore will have to spend some more time in jail now.
The hearing in the Punjab and Haryana HC on Rathore’s plea for suspending the 18-month jail sentence he got from a lower court will take place on May 31 because the CBI counsel said he did not receive a copy of the appeal petition.
Objecting to the submission made by Assistant Solicitor General of India Anmol Rattan Sidhu in this regard, Abha Rathore, wife and counsel of Rathore, said that a copy of the petition had been handed over to the CBI.
Abha made a plea before Justice Gurdev Singh for suspending the sentence but the appeal was turned down.
The case will be taken up by a vacation judge as the summer holidays start on May 31.

Death in speaker room: HC show-cause to cops
http://timesofindia.indiatimes.com/city/jaipur/Death-in-speaker-room-HC-show-cause-to-cops-/articleshow/5987595.cms
Abhinav Sharma , TNN, May 29, 2010, 07.39am IST
JAIPUR: Rajasthan High Court on Friday issued a show-cause notice to the state police to respond to a writ petition seeking transfer of the investigation into the death of one Raghunath who died allegedly in suspicious circumstances in assembly speaker Depender Singh Shekhawat’s chamber in May last year. The petition has been filed by Balram , son of Raghunath. Issuing the notice to the state DGP, principal secretary, department of home affairs, the court asked the authorities to respond to the serious allegations of Balram regarding death of his father in the presence of the speaker in the state assembly on the fateful day. It was stated in the petition that Balram’s father was the main witness in a case of huge misappropriation of public funds for which an FIR was registered by Srimadhopur police station in Sikar district. He was being threatened by the accused as they were in nexus with the local MLA who happened to be the speaker of the Assembly. Justice N K Jain took a serious note of the contentions that the local police was acting under the influence of the speaker. It was contended by Vimal Choudhary , counsel for the petitioner that, “The police is working under the strong influence of the speaker of the state assembly and father of the petitioner was kidnapped from her home town on May 15, 2009. A missing report was lodged with the police on the same day but later it was learnt that father of the petitioner was taken by the accused to speaker’s chamber the deceased was apparently being forced to turn hostile. But when he refused he met the fateful end.” Court also took into consideration the fact that the FIR of death of Raghunath was registered but was not thoroughly investigated and the police, without arriving on the actual reason for death by conducting examination of viscera , closed the FIR hurriedly. The court, therefore, issued a showcause notice to explain the reasons as to why the inquiry into the alleged death of a ‘Dalit’ in the chamber of the speaker be not handed over to CBI as prayed by the petitioner.

Gujarat HC stays lower court order giving Wahab his passport
http://www.dnaindia.com/india/report_gujarat-hc-stays-lower-court-order-giving-wahab-his-passport_1389234
DNA
Saturday, May 29, 2010 9:39 IST
Ahmedabad: Justice MD Shah of the Gujarat high court has put a stay on the order of the city sessions court that allowed former gangster Abdul Wahab to get his passport to go on a month-long pilgrimage to Mecca and Medina in Saudi Arabia.
The high court has also issued a notice to Abdul Wahab and posted the case for further hearing on June 9.
As Wahab has three criminal cases lodged against him, two in Shahpur police station and one in Gaekwaad Haveli police station, his passport is in the custody of the passport officer.
Prior consent of the court is necessary if Wahab is to be given his passport. In all the three cases the court had agreed to return his passport after he sought permission to visit Mecca and Medina for a month. However, the state government challenged the order in the high court requesting that the order of the lower court be quashed as Wahab is facing three serious offences.
“It is also likely that he may not return once he heads for pilgrimage,” the state government has argued. It should be noted that four month ago Wahab was granted passport by the city session court to go on Haj.
At that time it was believed that Wahab would not return and so the police had tried to detain him. But Wahab managed to give them the slip but returned as per the schedule granted to him by the court.

Don’t hear case against Adnan until June 10, HC to family court
http://www.hindustantimes.com/Don-t-hear-case-against-Adnan-until-June-10-HC-to-family-court/Article1-550046.aspx
HT Correspondent, Hindustan Times
Email Author
Mumbai, May 29, 2010
Pakistani singer-composer Adnan Sami has got a reprieve until June 10 in the domestic violence application filed by his estranged wife Saba Galadari before a family court.
A vacation bench of the Bombay High Court on Friday restrained the family court from proceeding with the hearing in Galadari’s applications.
The vacation bench of Justice S J Kathawala and Justice R G Ketkar gave Sami time so that he could either approach the Supreme Court or appear before the family court on June 7.
While refusing to give him six weeks’ time, the high court observed: “No case is made out to place any sickness of appellate [Sami] prior to May 3.”
However, the judges felt that Sami should be given time considering he had undergone a gall bladder surgery on May 23.
Asking Sami to appear before family court on June 7, the HC has asked the family court not to proceed with the hearing before June 10 in his absence.
The family court had last year held that Galadari’s divorce petition could not be entertained because her second marriage with Sami was invalid.
The HC reversed this ruling in March, but gave Sami six weeks to file an appeal.
However, Sami, who has been admitted to a hospital in Munich after suffering from severe abdominal pain, filed an application in the high court seeking extension of the deadline.
His advocate Vibhav Krishna said they could not approach the Supreme Court as Sami fell ill. “He has been admitted in a hospital in Munich and a surgery was performed to remove five stones from his gall bladder,” said Krishna.
He informed the court that his client will return to Mumbai by June 3.
Sami married Galadari in 2001, divorced her in 2004 and then remarried her in 2007. Their relation, however, soured again and Galadari moved the family court for divorce last year. She had also filed a case against Sami under the Domestic Violence Act.
Sami claimed his second marriage to Galadari was not valid because she had failed to comply with halala, in which she was required to have married another man before remarrying Sami.

Delhi HC order ‘impinged’ on the autonomy of CIC’
http://www.zeenews.com/news629909.html
Updated on Friday, May 28, 2010, 18:37 IST
New Delhi: In a scathing criticism of the Delhi High Court order scrapping the procedure followed by CIC for disposal of appeals, Information Commissioner M M Ansari on Friday said the order has impinged the autonomy in the functioning of the panel. “Not only autonomy in the functioning of the CIC has thus been impinged upon but the future course of action, in respect of protecting the rights of information seekers, has been halted at the costs of jeopardizing the on-going RTI movement launched by the civil society and strongly supported by the UPA Government,” Ansari said.
The High Court had struck down the rules framed by the Chief Information Commissioner on the procedure for deciding appeals before it under the RTI, saying the CIC has no power to enact such regulations under the transparency law. HC quashes rules framed by CIC prescribing appeal procedure The order was passed on a plea of DDA seeking quashing of Central Information Commission (Management) Regulations, 2007 enacted by the Commissioner to decide procedure for special appeals before itself. The Commissioner said the implications of the High Court order was that a single or division bench cannot decide an appeal before the Commission. Contending that the order has created a crisis, he said,”The CIC would have to decide all the appeals in a full bench of all Information Commissioners till the RTI Act is amended to incorporate relevant provisions for constitution of benches.”
The Commissioner said RTI Act empowers the Information Commissions with same powers as are vested in a Civil Court and to autonomously exercise all its powers without being subjected to directions by any other authorities under this Act. When contacted Chief Information Commissioner Wajahat Habibullah said,”These are personal views of Ansari.” In his statement, Ansari said the legality of the procedure followed by the CIC in disposal of cases was also not the issue before the Court. “A large number of decisions of the Information Commissions ? the Central and States have been challenged in different Courts. But, the Courts, including HC of Delhi has never before questioned the procedural guidelines followed by the Commission,” he said. Ansari is the first Information Commissioner to publicly air his views. He also attacked the government for not framing rules for the functioning of the Commission, saying this could have averted the present crisis. He said,”Such interferences by the Government, and now the Court, tantamount to infringement in autonomous functioning the CIC, which has the mandate to ensure realization of people?s rights to seek information held by the Government.” PTI

HC reserves judgment on war memorialhttp://bangalorebuzz.blogspot.com/2010/05/hc-reserves-judgment-on-war-memorial.html
Bangalore, May 28, DHNS:The High Court has reserved its judgment in connection to the construction of a war memorial in the City.During the hearing of a petition on the construction of the war memorial at Indira Gandhi Park in the City, the counsel for the petitioner B C Thiruvengadam pointed out that the ongoing construction in the garden violates the High Court order.The State Government, however, submitted that there was no violation of the Court order as there had been no felling of trees, as directed by the Court. When the petitioners submitted that there was no underground construction during the tender notification, the Court refused to buy the argument. The division bench comprising Justice Manjula Chellur and Justice Mohanshantana Gowdar has reserved the matter for judgment.
posted by The Bangalorean @ 5/29/2010 04:53:00 AM

Two information commissioners stop working after HC order
http://governancenow.com/gov-next/rti/two-information-commissioners-stop-working-after-hc-order
Delhi HC’s decision on the working of transparency panel forces ICs to postpone hearings
PTI/New Delhi May 26 2010



At least two information commissioners at Central Information Commission today postponed the hearing of appeals till the government clears the air on the constitution of benches at the panel.
Information commissioners A N Tiwari and Deepak Sandhu did not carry out hearings today. Chief information commissioner Wajahat Habibullah is out of station at present
When contacted, offices of both the commissioners confirmed that hearings have been postponed because of last week’s Delhi High Court decision on the working of the transparency panel.
Rest of the commissioners carried out hearings of scheduled cases.
Ramesh Tripathi, whose case was scheduled for hearing before Tiwari through video-conferencing from Jharsuguda, Orissa, said he travelled nearly 40 kilometres for the hearing only to be told that it has been postponed
“My appeal was against an RTI reply sent by Coal India. I was scheduled to report at 11 am today. But I was told that the hearing has been postponed without giving any reasons,” Tripathi told PTI.
The move was expected as some commissioners wanted suspension of work in the wake of a Delhi High Court decision which struck down ‘The Central information commission (Management) Regulations, 2007’ framed by the Chief Information Commissioner for deciding appeals under the RTI.
The chief information commissioner had convened a meeting of all the information commissioners yesterday to discuss the repercussions of the High Court decision where some Commissioners have expressed reservations over continuing hearing of appeals.They had said continuation of work would mean contempt of court as the decision raises a question mark over the legality of hearing process at the panel, sources said.The view did not get support of Habibullah and other members who said stopping work would not be in public interest, they said.At present, appeals are heard by individual commissioners or a group of commissioners in Division or Full Bench depending on the matter.
“We have sought legal opinion on the order. I have been told that there was nothing in the order which barred hearings by individual commissioners. We will abide by the High Court order and will approach the government seeking clarity on the matter but work will continue,” Habibullah had told PTI on Tuesday.

Exclusive: PIL claims MCA discriminates against corp lawyers vis-à-vis accountants in ROC filings
http://www.legallyindia.com/20100528894/The-Bar-and-Bench/exclusive-pil-alleges-mca-discriminates-against-corporate-lawyers-vis-a-vis-accountants-in-corporate-filings

Written by Legally India Friday, 28 May 2010 12:30
The Ministry of Corporate Affairs (MCA) has sought time to respond to a public interest litigation (PIL) in Delhi High Court, which alleges that the Registrar of Companies (ROC) discriminates against lawyers by only allowing chartered accounts, company secretaries or cost accountants to certify electronic submissions to the corporate registrar.The petitioner Legum and Law Awareness Society has challenged the restriction imposed on advocates who are practicing in the field of corporate law, which was heard yesterday.According to the petition, till 2006 Registrar of Companies (ROC) was accepting the incorporation documents and other information from companies in physical or manual forms. In that environment lawyers were serving corporate clients on their own, similar to professionals such as chartered accountants and company secretaries. But since the introduction of e-governance in the ROC, all physical forms have been replaced with electronically submitted e-forms, requiring certification by at least one chartered accountant, cost accountant or company secretary. Since 2006 therefore, advocates were not permitted to certify e-forms and had to retain other professionals to get every form certified before submitting it to the ROC, argued the petition, adding that the Ministry has alienated the advocates from the definition of practicing professionals.The petioner’s advocate Sandeep Sharma contended in court: “The word corporate lawyer is just an illusion, we can’t even file a small document with the Registrar of Companies. When I had written to them about this anomaly, the ROC responded by saying that the Ministry’s guidelines were responsible for this and I should get in touch with the Ministry of Corporate Affairs.”In approaching the Delhi High Court, the Petitioner now argues that the use of technology should be for the upliftment and betterment of all the professions and not just for selected ones.The bench of acting Chief Justice Madan B Lokur and Justice Mukta Gupta had earlier sought responses from the MCA in this regard. The petition noted that section 33 of The Companies Act 1956 was the main provision governing the incorporation of companies, which clearly empowered an advocate to make a declaration that all the requirements of the Act and the rules thereunder were complied with in respect of the registration of a company and matters precedent and incidental thereto. This section further provides that the Registrar may accept such a declaration as sufficient evidence of such compliance. It is pertinent to mention that this section does not empower the registrar to call for any certificate from any professional to certify the declaration made by an Advocate.Luthra and Jaggi partner Navin Raheja commented: “It’s a clear case of discrimination against the Advocates. The Bar Council of India must intervene in the matter to protect the interests of millions of lawyers in the country.”Further commenting, Society of Indian Law Firms (SILF) president Lalit Bhasin said: “If the lawyers are allowed to certify the documents, it will instill a confidence in the minds of clients. The Chartered Accountants and Company Secretaries are entering in the territory of law practice, it should be discouraged.” When asked about if he would represent the lawyers’ interest in the matter Bhasin said that SILF had not yet been approached, but if the petitioner needed any help the body would be ready to assist in court.The PIL prayed to the court to direct the Ministry of Corporate Affairs to include advocates in the list of practicing professionals, enabling them to issue various certificates integrated into e-forms, notified under the Companies Act 1956 and Limited Liability Partnership Act 2008

There’s need for speed, but legal system is not a factory
http://www.dnaindia.com/mumbai/report_there-s-need-for-speed-but-legal-system-is-not-a-factory_1388708
Hetal Vyas / DNA
Friday, May 28, 2010 1:06 IST
Mumbai: There are too many pending cases, particularly in the district of Mumbai. The number of magistrates is too few to cope with the workload.
The Bombay high court has recently ruled that “there is, therefore, the need to augment the judicial strength in the city of Mumbai… But the legal system is not a factory where production goes on continuously for 24 hours”.
A division bench of justice FI Rebello and justice Amjad Sayed said, “Even if additional posts of judges are sanctioned, other facilities and staff be recruited, there is acute shortage of buildings to house the additional courts and the staff.
“The high court, no doubt, does from time to time propose to the government the need for additional manpower, as also infrastructure. The budgetary provisions made by the state government for the last few years, do show an increase. But, it is not adequate to meet the floodgate of litigation…”
The judges made the observation while hearing a PIL filed by a Bandra-based engineer, Anil Gidwani. They went on to add, “The Maharashtra government has sanctioned evening courts. The high court has started the process of evening courts. Still there is need for more regular courts, as it may not be possible for the same judge to work Monday to Saturday, for long hours. This ultimately is bound to affect the quality of justice.
“Apart from that, if a judge is away from his family for longer hours, then it might affect family relationship. The legal system is not a factory where production goes on continuously for 24 hours.”Gidwani had filed a PIL in 2009, saying that the judicial system needed to be reformed. After he wasted three years in litigation over an alleged illegal car parking, he moved the high court, asking it to intervene and check the administration of magistrate courts.
Gidwani had raised several grounds, to which the registry of the high court was directed to respond. The petitioner had queried whether a trial for an alleged parking violation should go on for 21 months. The registry replied that it was required that trials be completed at the earliest, having regard to the nature of petty offences, overall pendency of the old and other matters, etc.
The registry also stated that a policy decision has already beentaken regarding transfers of judicial officers every three years. However, there is an exception which allows principal district judge/principal judicial officer to assign/reassign cases to different judicial officers in the interest of justice.
The HC while disposing of the PIL directed Gidwani to file an application under the right to information Act to find out about the guidelines, rules and procedures laid down to deal with the process of lower judiciary.

CHANDIGARH NEWS: PIL – Probe Khap ‘Misdeeds’
http://punjabnews.org/chandigarh-news-pil-probe-khap-misdeeds.html/
Friday, May 28, 2010
CHAN­­DI­GARH: A Pub­lic In­t­e­re­st­ Lit­igat­io­n­ h­a­s­ s­ough­t a­ p­robe by th­e H­a­rya­n­a­ gov­ern­m­en­t in­to a­ d­is­p­ute p­erta­in­in­g to a­ v­illa­ge girl’s­ s­ch­ool wh­ere d­ue to “m­is­d­eed­s­ of th­e k­ha­p pa­n­cha­ya­t­, t­h­e st­udies o­f­ st­udent­s wer­e suf­f­er­ing”.
Pet­it­io­ner­ Dal­bir­ Singh­ st­at­ed t­h­at­ t­h­e m­anaging c­o­m­m­it­t­ee o­f­ K­an­ya Gu­ru­k­u­l i­n Sha­dip­ur J­ula­n­­a­ villa­g­e in Jind was e­le­ct­e­d fo­­r t­hre­e­ y­e­ars and fo­­r t­hre­e­ t­e­rms, M­.S. Lath­ar­ w­as el­ec­t­ed­ pr­esid­ent­ and­ und­er­t­o­o­k d­evel­o­pm­ent­al­ w­o­r­ks.
Se­ve­r­al pe­r­so­ns who­ we­r­e­ no­t fi­ndi­ng ways to­ ge­t e­le­c­te­d de­vi­se­d o­the­r­ ways to­ u­su­r­p po­we­r­s, he­ alle­ge­d, sayi­ng the­y attac­ke­d the­ pr­e­si­de­nt and hi­s so­n o­n M­ar­c­h 30.
An FI­R­ was r­e­gi­ste­r­e­d.
A ne­ws r­e­po­r­t pu­bli­she­d o­n Apr­i­l 21 state­d that the­ Lathe­r­ Be­hr­n khap panc­hayat pu­t pr­e­ssu­r­e­ de­m­andi­ng appo­i­ntm­e­nt o­f the­ sc­ho­o­l adm­i­ni­str­ato­r­ and gave­ an u­lti­m­atu­m­ o­f 10 days.
The­ pe­ti­ti­o­ne­r­ su­bm­i­tte­d r­e­pr­e­se­ntati­o­ns agai­nst the­se­ o­r­de­r­s to­ the­ D­GP­, J­in­d­ D­ep­uty C­o­mmis­s­io­n­er an­d S­P.
O­n­ May­ 19, he s­ai­d, the khap f­o­rced the gi­rl s­tuden­ts­ to­ leav­e, due to­ whi­ch s­o­me paren­ts­ s­to­pped s­en­di­n­g thei­r wards­.
S­O­URCE-HT

HC hearing on police excess concludes on Thursday
http://www.odiaa.com/2010/05/hc-hearing-on-police-excess-concludes-on-thursday/
Posted by Newsteam on May 28, 2010
Cuttack: The Odisha High Court on Thursday completed hearing on the PIL seeking a probe by either CBI or human rights commission into the alleged police excess at Kalinganagar industrial complex in Jajpur district.
The vacation bench of Justice Laxmikanta Mohapatra and Justice B P Ray completed hearing of the case after Advocate General Ashok Mohanty submitted to the court to dispose off the petition as it lacks merit.
Earlier, as directed, the Odisha State Legal Services Authority (OSLSA) filed its report in the court after conducting investigation at Kalinganagar for two days.
The court on May 22 had directed the member secretary of OSLSA to conduct a probe into the allegations made in the PIL.
Alleging government-sponsored anarchy at Kalinganagar, lawyer and social activist Rama Chandra Ray of the locality had filed the PIL seeking CBI or Human Rights Commission probe into the police excess.
The PIL also urged the High Court for a direction to stop the ongoing evacuation at Kalinganagar area until disposal of the petition.
The petitioner alleged that rehabilitation and resettlement policy of central and state governments were not being sincerely adhered to.

2,892 cases of different categories were settled in Lok Adalats
http://www.indianews.org.in/2892-cases-of-different-categories-were-settled-in-lok-adalats/archives/555
Chandigarh, May 29 – As many as 2,892 cases of different categories were settled in Lok Adalats held on Saturday at Ambala, Bhiwani, Charki Dadri, Fatehabad, Tohana, Gurgaon, Nuh, Jhajjar, Panchkula and Rohtak.
While giving this information here today, a spokesman of Haryana State Legal Services Authority (HSLSA) said that 1,461 cases including 30 cases of MACT pertaining to death/injury arising out of vehicular accidents were settled in which an amount of Rs.67.82 lakh was awarded as compensation to victims or their dependents. Similarly, 1,431 cases of other categories pertaining to civil, criminal, summary, 138 Negotiable Instrumental Act were also settled in these Lok Adalats.

Get-together of rights activists held
http://expressbuzz.com/cities/kochi/get-together-of-rights-activists-held/177416.html
Express News Service
First Published : 30 May 2010 02:11:00 AM IST
Last Updated : 30 May 2010 03:05:29 AM IST

KOCHI: The National Human Rights Commission (NHRC) has ruled out any specific format for sending a complaint to the Commission.
Answering a query at a get-together of rights activists held here on Saturday, NHRC Secretary-General K S Money said those who want to send a complaint to the NHRC can just write it on a white paper and send it.
He said the NHRC was sensitive to upholding the rights of the most vulnerable sections of society and contempted violence of every nature. While explaining the policy of the commission, K S Money said the NHRC would recommend the need for stringent action when there is a failure of the state machinery to complement the law. He urged the activists to report to the commission about threats and other acts of violence against them. The function was organised by the Indian Council of Social Welfare at Ashir Bhavan.

Gilani appeals UN to set-up war crime tribunal for IHK
http://www.kmsnews.org/news/gilani-appeals-un-set-war-crime-tribunal-ihk
Srinagar, May 30 (KMS): In occupied Kashmir, veteran Kashmiri Hurriyet leader, Syed Ali Gilani has appealed to the UN Secretary General, Ban Ki-Moon to set up a war crime tribunal and bring to book the Indian troops who killed three innocent Kashmiri youth of Nahihal Rafiabad in a fake encounter.
Syed Ali Gilani talking to media men when he was being shifted to Srinagar Central jail from Humhama Police station said, “We appeal to the UN Secretary General to help in getting the matter investigated by a War Crime Tribunal.”
Syed Ali Gilani said that Magisterial probe into the incident announced by the authorities was an eyewash. He asked the High Court Bar Association of the occupied territory to file an FIR in connection with the killing and plead the case in an open court. He also appealed to the Amnesty International to take strong notice of the incident.
On the other hand, the Jammu and Kashmir Peoples League, Jammu Kashmir Mahaz-e-Azadi and All Jammu Kashmir students Front in their separate statements strongly denounced the killing of the innocent youth in fake encounter. The statements said that such incidents had become a routine and common man was very insecure in the occupied territory due to the unresolved Kashmir dispute.

3 policemen appear before tribunal in SIMI ban case
http://www.hindustantimes.com/3-policemen-appear-before-tribunal-in-SIMI-ban-case/Article1-550549.aspx
HT Correspondent, Hindustan Times
Email Author
Mumbai, May 30, 2010
A day after six policemen testified against the Students’ Islamic Movement of India (SIMI), three policemen who had investigated the train blasts case of July 2006, the Indian Mujahideen case and the Malegoan blasts of 2006 deposed before the special Unlawful Activities (Prevention) Act tribunal on Saturday.
The police officers, Assistant Commissioner of Police (ACP) Sadshiv Patil, ACP Ashok Durafe and ACP K.N. Singal, said that SIMI was behind these terror attacks.
The special UAPA tribunal, being presided over by Justice Sanjeev Khanna, is conducting hearing in connection with the 2002 ban on SIMI for its alleged involvement in terror acts. The tribunal had lifted the ban on August 5, 2008 but the Supreme Court reinstated it the next day.
Patil, the investigation officer in the train blasts, told the tribunal that the accused possessed inflammatory and objectionable SIMI literature. Patil, however, told the tribunal that he was not aware if there was a state notification banning the book. Durafe, who investigated the IM case, said IM’s co-founder, Sadik Sheikh, was associated with SIMI. ACP Singal, who was the investigating officer in the 2006 Malegoan blasts, said accused Javed Ansari was a member of SIMI.
The special UAPA tribunal has already completed its hearing in Kerala, West Bengal, Rajastan, Aurangabad and Delhi and recorded statements of 39 witnesses.
Advocate Atul Nanda, who is appearing for the Centre, said the tribunal will hear cases pertaining to Gujarat and Andhra Pradesh in Delhi.
Justice Khanna has to submit a report by August 3.

NHRC official inspects district jail in Kollam
http://www.hindu.com/2010/05/29/stories/2010052959720300.htm
Staff Reporter
Jails in Kerala much better compared to other States’
KOLLAM: K.S. Money, Secretary-General of the National Human Rights Commission (NHRC), has said that the jails in Kerala are much better compared to the condition of jails in most other States.
He was talking to the media during an inspection of the district jail here on Friday.
Mr. Money said the inspection was part of a nation-wide exercise by the NHRC to understand the condition of jails and the problems of inmates following the implementation of a jails modernisation scheme.
Central aid
The scheme was implemented with 75 per cent Central government funding and 25 per cent State government funding.
He said the condition of jails, especially in Rajasthan, Uttar Pradesh and Bihar, was pathetic. In those jails, many who have contracted serious diseases still continued as inmates.
Mr. Money said he found the situation much better in the jails in Kerala. The inmates did not have many complaints. They were also satisfied with food, water and the condition of the cells.
He said things would further improve with the completion of the modernisation programme. He said he inspected the Poojappura Central Jail on Thursday and was satisfied with the conditions there. Mr. Money was accompanied by Kollam District Superintendent of Police Harshita Attaluri and Special Branch Dy.SP C.G. Suresh Kumar.

Alwar sex racket: NCW serves notice to police
http://indiatoday.intoday.in/site/Story/99219/India/Alwar+sex+racket:+NCW+serves+notice+to+police.html
Headlines Today Bureau
New Delhi, May 28, 2010
Within hours of Headlines Today exposing a sex syndicate pushing young girls into flesh trade by injecting them with oxytocin, the National Commission for Women (NCW) served a notice to Rajasthan Police on Friday. The state police were also quick to order an inquiry. Headlines Today had exposed how girls aged between 7 and 8 were being injected with the growth hormone and pushed into flesh trade in Alwar, about 190 km from the national capital. The racket has been running in two villages Girwas and Sodawas, where the girls kidnapped from across the country are sheltered in different houses and then sold as prostitutes. Reacting to the report former NCW chairperson Poornima Advani insisted on the strictest possible action against the culprits. “It is important that strict action be taken against those involved. They should be behind the bars. This is one case where National Human Rights Commission together with NCW must form a joint team and investigate it. I am sure much more would be unearthed,” she said. Dr Wali, a senior professor of medicine at Dr Ram Manohar Lohia Hospital, said, “This is not a normal mentality, not a normal psychology. It is a very abnormal and perverted behaviour of the locals which needs to be checked and they should be counselled, removed from the village.” However, feigning ignorance Alwar MP Jitendra Singh said, “I have no idea so I can’t comment on it. I will speak once I get more information. I have to find out about it.”

Posted by Kamal Kumar Pandey (Adv. Supreme Court of India) at Sunday, May 30, 2010

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One Response

  1. Awesome article!!!

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