LEGAL NEWS 03.12.2011

Victims, witnesses are unprotected: Tribunal

Express News Service The New Indian Express

BHUBANESWAR: A national people’s tribunal, which conducted public hearing on the infamous 2008 Kandhamal riots on Friday, said the criminal justice system had been rendered ineffective in protecting the victims, survivors and witnesses besides delivering justice and fixing accountability for crimes perpetrated on the minorities.

The tribunal alleged that complicity of the police and their collusion with perpetrators during investigation and prosecution indicate that there exists an institutional bias against Christian adivasi and Dalit community. “Victims and witnesses engaged have been threatened and intimidated as there is no safe passage to and from the courts. Guidelines on witness protection, issued by the Supreme Court, are not followed by the Fast Track courts,” the tribunal’s report, which was released here on Friday, said.

The tribunal recommended that compensation packages for the riot victims must be on a par with those given for the 1984 Sikh and 2002 anti-Muslim riots in Gujarat. It also sought a review of the Orissa Freedom of Religion Act as well as a fresh definition of Scheduled Caste in the contemporary context.

At the People’s Convention for Justice, Peace and Secularism, where the report of the tribunal was made public, Justice (Retd) M F Saldanha said had the judicial system taken correctional measures and stood up for the victims, half the violence that happened would not have occurred.

“Getting justice is becoming more difficult in India,” he said. Although the Constitution mandates protection of life, property and fundamental rights as basic duty of both the State and Centre, Justice Saldanha said� Odisha as well as the Union Government failed in their responsibilities.

“The State of Odisha should be listed as accused No. 1 and Government of India as accused No. 2,” he said. The former Judge of the Karnataka High Court said institution of official commissions of inquiry will not help the cause since such investigating bodies are a disaster.

Taking a swipe at the judicial commissions, Justice Saldanha said such commissions, barring a few, take no less than three to five years by which the issue dies down. Since these commissions are state-financed, their report suit the governments, he added.

Appointed a commission of inquiry, a retired judge in Karnataka bled the State at least Rs 11 crore while the report he churned out, at best, deserved the dustbin. Among others, Ram Puniyani, Vrinda Grover, Miloon Kothari, Debi Prasanna Patnaik and Sukumar Muralidharan spoke.





Headteacher James Walker gets Lambeth Council payout

Continue reading the main story

Related Stories

A headteacher who won an unfair dismissal case after quitting a south London school has been given more than £100,000 in compensation.

James Walker resigned from Henry Fawcett Primary School in Kennington in 2010 after claims of bullying and financial mismanagement.

Lambeth Council’s investigation was criticised by an employment tribunal.

The council said both parties had “agreed to draw a line under the matter and move forward”.

Mr Walker, who was suspended in 2008 after returning to work following six months of chemotherapy, called for action to be taken against those responsible for his ordeal.

Public money ‘wasted’

Ahead of the compensation hearing on Friday, he said: “When I returned to work after cancer, instead of getting support I felt victimised.

“Having won my case in August I hoped the wrongful actions of those responsible for damaging my career, wasting public money and needlessly disrupting the education of my former pupils would be thoroughly investigated.

“Three months on there is little evidence of this… no action has been taken against them.”

 “Start Quote





Qualcomm partner receives DoT notice for dues

(US-based chip maker Qualcomm informed TDSAT that the Telecom Department has issued a demand of Rs 146 crore in dues from one of its partners Tulip Telecom.)

NEW DELHI: US-based chip maker Qualcomminformed TDSAT that the Telecom Department has issued a demand of Rs 146 crore in dues from one of its partners Tulip Telecom.

Qualcomm, which has approached telecom tribunal TDSAT challenging the DoT notice for cancelling allotment of BWA spectrum in four circles that it bagged last year through auction, has said that the notice was recieved last night only.

“We would verify if that is correct or not. If dues are there, then we would pay,” said senior advocate C A Sundaram appearing for Qualcomm.

Meanwhile, the DoT informed the Tribunal that if the dues are verified and cleared by them, then the ISP licence would be given to Qualcomm within a day.

DoT council Manisha Dheer submitted that after granting of ISP licence, Qualcomm would have to apply for spectrum and it would be given in two weeks. “There is no need for further litigation for this,” Dheer said.

Confirming the receipt of the notice, Tulip in a statement said, “Tulip has received a routine provisional assessment and like every year the company intends to have a discussion with the DoT to resolve the demand in line with the truw performance of the company.”

Both the parties, DOT and Qualcomm, informed TDSAT that as per the direction of tribunal both parties have met on November 14 to resolve the issues.

The Tribunal has adjourned the matter to December 9, on the request of Qualcomm, which sought time to verify the due of Tulip Ltd, a 13 per cent shareholder in the consortium which had bid for the spectrum.

Earlier on November 8, TDSAT had directed representatives of Qualcomm and DoT to meet and resolve their differences over grant of Broadband Wireless Access (BWA) spectrum.

TDSAT was hearing a petition filed by Qualcomm challenging the notice of the DoT for cancelling the allotment of spectrum in the four circles. Qualcomm had bagged BWA spectrum for Delhi, Mumbai, Haryana and Kerla circles and LoIs were allotted to the company.

Qualcomm’s application was rejected on the basis that it had made four nominees for the spectrum. The company was fearing that its licence may be revoked and spectrum may be allotted to someone else.





Vodafone says will contest if Govt decides to levy fee on extra spectrum



British telecommunications giant Vodafone will approach the telecom tribunal and the Supreme Court if the government decides to charge a fee on existing 2G spectrum allocations beyond 6.2 Mhz, the company told its global investors.

It further said that any government decision against 3G roaming pacts (that various operators have signed among themselves) will be challenged before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Vodafone and other operators were contesting a Telecom Regulatory Authority of India proposal that envisages the levying of a one-time charge for extra spectrum held by service providers beyond the contracted limit of 6.2 Mhz, saying this is in violation of the contract.

TRAI had proposed a fee of Rs 4,571.87 crore on telecom firms which hold spectrum beyond 6.2 MHz.

Vodafone’s view is that there is no provision under the licence for one-off fees. According to it, TRAI had taken a view in 2007 that charging for existing allocations (beyond 6.2 MHz) may not be legally feasible “We pay $35 million for our spectrum per quarter…any attempt to charge a fee on existing allocations legally unsustainable and will be challenged via TDSAT and Supreme Court,” Vodafone said in a presentation to about 60 global investors who were in the country this week.

A government decision on the pricing for excess spectrum is expected in January.


On the issue of intra-circle 3G roaming, the London headquartered company again believes that the government does not have any ‘policy basis’ to oppose the move.

“Licence (was) amended to allow intra-circle roaming in June 2008… ICR leads to increased retail competition & increased incentives to cover marginal rural areas,” Vodafone said.

It may be recalled that three units within the DoT and the telecom regulator TRAI had said that the 3G roaming arrangements were not in line with the conditions associated with the 3G licence. The DoT further believes that 3G roaming pacts could lead to cartelisation among bidders in future auctions thereby causing potential revenue losses to the government.

As a result, Bharti Airtel, Idea Cellular and Vodafone India had written to the Telecom Minister, Mr Kapil Sibal, and the Prime Minister, Dr Manmohan Singh, to return the third-generation spectrum licence fees that was paid by these companies if 3G roaming pacts were to be now considered illegal.






Commission votes unanimously to tear down Executive Inn

Updated: Friday, 02 Dec 2011, 6:37 PM EST
Published : Friday, 02 Dec 2011, 6:37 PM EST

VINCENNES, Ind. (WTHI) – A southern Indiana commission calls for the demolition of a troubled hotel.

The Vincennes Executive Inn has failed several health and safety inspections over the last four years and has been shut down for over a year.

The Vincennes Building Safety Commission has now voted to get the empty hotel torn down.

State and local officials say the building has failed repeated safety inspections.

The future of the building has been a battleground for the Vincennes Building Safety Commission.

Once again the owners asked for more time, but the commission voted unanimously for demolition.

“They said bring it all up to compliance,” said Executive Inn owner Mark Valdes. “Well, you have to have money to do that, and again with this cloud of demolition it’s very difficult to obtain the money, especially when the city is not willing to work with you. They don’t want it open.”

This isn’t the first time the owners of the Executive Inn have been told to bring the building down.

A year ago the city inspector also issued an order for the demolition of the building.

“Here at the 11th hour they jump in,” said Commission President Mark Hendrix. “They finally have an attorney and they apply for some permits in October. Why didn’t they do this in January or February? Why wait until now?”

The commission wants the owners and city to set a date for the demolition of the building before the end of the month.

That may not happen, because the hotel’s owners are now talking about taking new legal action in federal court.

Vincennes officials have indicated they may begin work on the necessary permits for demolition as early as Monday.





Andhra HC dismisses writ petition on The Dirty Picture Team
(2 December 2011 7:53 pm)

MUMBAI: Relieving the makers of The Dirty Picture and the distributors of the film in Andhra Pradesh, the state High Court dismissed a writ petition by the brother of the late South-based actress Silk Smitha.

In his petition, Smitha’s brother V Naga Varaprasad Rao had sought a ban on the film.

He had objected to the way his late sister was portrayed in the film. He also claimed that the filmmakers never took the family’s consent for making the film on Silk Smitha. Justice Vilas V Afzalpurkar dismissed the petition.

The Central Board of Film Certification (CBFC) also conveyed to the court that there was no scope for the Court to review the decision of the Censor Board as the filmmakers themselves had denied that the film was based on the late actress’s life.

Starring Vidya Balan and produced by Balaji Telefilms, The Dirty Picture directed by Milan Luthria also stars Naseeruddin Shah, Emraan Hashmi and Tusshar Kapoor.





“Police violated Supreme Court guidelines on arrest”


Relatives of Gauhar Aziz Khomany, who has been arrested by the Delhi Police Special Cell for having alleged links with terror outfit Indian Mujahideen, have approached the National Human Rights Commission and the National Commission for Minorities seeking intervention and accusing the police of not having adhered to the Supreme Court guidelines on making arrests.


In a letter to the NHRC, Gauhar’s brother Hasan Aziz Aamir alleged that the police had violated the Supreme Court directions by failing to inform his family about his arrest. “No official information about the arrest has been made to the family members so far. I fear that my brother is being falsely implicated. The police claim that Gauhar was arrested on November 23, whereas I received a call from his mobile phone number (9891635734) on my phone (08083372902) on the evening of November 26. This clearly contradicts the police claim,” said the letter.

Akhlaq Ahmad of the Association for Protection of Civil Rights said the police should have followed the rules laid down by the Supreme Court while carrying out arrests.

Gauhar’s brother has also written to Delhi Police Commissioner stating that the Supreme Court directives had been violated and that his family came to know about his arrest only through the media.

“We were in for a shock when we learnt that he has been arrested. Whoever knows Gauhar can vouch for him, given his commitment towards social work. He would collect money from us (brothers) to financially support the needy and would also organise social awareness programmes in his village,” said Aamir, who is a lawyer and a management graduate working with a company in Dubai.

Coming from a highly educated family, Gauhar himself is a mechanical engineer. One of his brothers is a senior scientist in the United States and another a civil engineer working in Saudi Arabia. “Our father had done engineering from Sindri, earlier in Bihar, and retired from the irrigation department,” said Aamir.


Aamir said after a diploma in engineering, Gauhar graduated in mechanical stream. He then joined him in Dubai where he worked for a multinational firm. “However, considering our sister’s poor health — who had to be frequently brought to Delhi and father’s old age, we all decided that Gauhar should go back to India and he agreed. He came to Delhi and set up a company named Irene Engineering Contracting Company and started construction projects.”

Mr. Aamir said Qateel Siddiqi, who was the first to be arrested by the police on November 22, earlier worked as a labour supervisor in his brother’s company. “He is also from our village in Bihar. He quit the job about a year ago. But about two months ago, we learnt that a West Bengal special task force team had come looking for him in the village, but he went underground.”

Gauhar’s brother said had he been involved in terror activities along with Qateel, he would also have gone missing to evade detection. “My brother was recently with us in the village and he organised an anti-dowry and anti-tobacco campaign. We also organised a skating event in the remote areas along with a former skating champion and met Bihar Chief Minister Nitish Kumar. Gauhar had left for Delhi by then,” said Aamir, showing photographs of the meeting.





UPA’s flagship schemes not doing well: NHRC

Saturday December 03, 2011 11:57:08 AM, IANS

New Delhi: India’s apex human rights panel Friday pointed out various shortcomings in several of United Progressive Alliance’s (UPA) flagship schemes, terming their status “precarious”.

In its Universal Periodic Review of Human Rights, submitted to the UN Human Rights Council, the National Human Rights Commission (NHRC) said its monitoring of human rights in 28 representative districts across India and field visits found that none of the flagship programmes function well.

It said though members of 55 million households were given work under the ambitious Mahatma Gandhi National Rural Employment Guarantee Scheme, they, on average, received half the wages guaranteed under the scheme.

According to a study by NHRC, 60 percent of the annual budget for supplementary nutrition was being diverted.

“Over 90 percent of the workforce is in the unorganized sector, has no access to social security, is particularly vulnerable in the cities, and is therefore driven into permanent debt, often leading to conditions of bonded labour,” said the review.

It also pointed out shortcomings in the comprehensive implementation of Indira Awas Yojana, set up to provide rural housing.






Trial court’s order granting bail to Raja’s ex-secy stayed

SATURDAY, 03 DECEMBER 2011 00:10


In a curious turn of event, the Delhi High Court on Friday stayed the trial court’s order granting bail to A Raja’s former private secretary RK Chandolia accused in 2G scam on Thursday.

Justice VK Shali, who took a suo motu cognizance of the newspaper reports, made it clear that the grant of bail to Chandolia will have an impact on the bail application of another 2G accused Siddharth Behura, which is pending before the High Court. Justice Shali also decided to scrutinise the order passed by Special CBI Judge OP Saini whether grant of bail to Chandolia was just, proper or arbitrary and unreasonable.

The CBI had opposed the bail application of Chandolia and Behura saying they were public servants. While the trial court granted bail to Chadolia on Thursday, order on Behura’s bail petition was reserved by Justice Shali the same day. The High Court has put the next date of hearing on December 7.

“The decision on his (Chandolia) application for grant of bail is going to have an impact on the bail application of Siddharth Behura on which order has been reserved. Further, the question arises as to whether the order of grant of bail was just, proper or arbitrary or unreasonable. I deem it just and proper to see the legality, propriety and correctness of the orders,” Justice Shali said while issuing the stay order.

“In case Chandolia has not been released on bail, there shall be a stay against the operation of the said order of bail by the special judge,” the court added. This means, Chandolia will not be taken into custody, as he was out of the Tihar Jail on Thursday evening itself.

The trial court judge has been asked to provide the High Court with Chandolia’s bail application, CBI’s reply to it and the bail order along with other relevant documents for the purpose of scrutiny. The lower court had on Thursday granted bail to Chandolia saying his case could not be equated with that of A Raja and Behura, now the only two accused in jail. CBI opposed bail to Chandolia and Behura saying roles of public servants be viewed differently and seriously as they are custodian of government properties. “Co-accused A Raja was political head of the Department of Telecommunication, whereas co-accused Siddharth Behura was its administrative head. As such, with due respect, his case cannot be equated with these two accused,” the Special CBI Judge had said.





NHRC questions AFSPA, finds fault with UPA schemes

In what could strengthen the case of those seeking lifting of the Armed Forces (Special Powers) Act (AFSPA) from parts of J&K and insurgency-hit North-East, the National Human Rights Commission (NHRC) has said the AFSPA “remains in force in Jammu & Kashmir and the North-Eastern States, conferring an impunity that often leads to the violation of human rights”. This (continuation of AFSPA), a report prepared by the NHRC which is soon going to be submitted in the UN Human Rights Council says, despite the fact that India’s 2011 report on the Optional Protocol itself states that the country does not face “either international or non-international armed conflict situations”.

The report also questions the success of the flagship programmes of the UPA government. “A massive public distribution system has not assured the right to food because malnutrition is endemic. The National Advisory Council has recommended that legal entitlements to subsidised foodgrains be extended to at least 75 per cent of the population. This is not acceptable to the government, which sets arbitrary ceilings on the numbers who can be declared as being below the poverty line. The official estimate that 27.5 per cent of the population was below the poverty line in 2004-05 grossly understates the incidence of poverty. The expert committee set up by the Planning Commission puts the figure at 37.2 per cent. Other committees set up by ministries peg it even higher. Over 90 per cent of the workforce is in the unorganised sector, has no access to social security, is particularly vulnerable in the cities, and is therefore driven into permanent debt, often leading to conditions of bonded labour,” it says.

On the much-touted National Rural Employment Guarantee Scheme (NREGS), which guaranteed 100 days of work a year to any rural household that needed it, the report says, “Government data showed that 56 million households applied, 55 million were given work but on an average received half the wages guaranteed. The Scheme has not, therefore, made enough of an impact, very large sums of money have been siphoned off, and it does not provide long-term employment or build permanent assets.”

The report is also critical of the manner in which the issue of human rights of citizens in handled, especially by civil servants and law enforcement agencies.

It says that the SC and ST communities fall prey to rights abuse despite laws to protect them because of the indifference of public servants.





PIL seeking dissolution of VMC filed in HC

TNN Dec 2, 2011, 12.47PM IST

VADODARA: Gujarat high court has issued notices to state government, Vadodara Municipal Corporaiton (VMC) and VMC commissioner on a public interest litigation (PIL) filed by two city-based activists seeking dissolution of VMC and other directions to the civic body. The activists have raised a series of issues in their petition to make a case for the dissolution of VMC and the high court has also asked the commissioner to furnish a reply regarding the issues.

The PIL was filed by senior citizens Dilip Mehta and Parshuram Pandya, who have been actively taking up various civic issues in the city. The PIL has raised the issue of G-40 scam in the civic works after the 2005 floods in the city besides other matters. The works were conducted under a special budget head with the serial number G-40. These works were of inferior quality and irregularities had come to light.





Notice to Centre on PIL seeking relief to 1984 riot victims

Published: Friday, Dec 2, 2011, 18:28 IST
Place: Chandigarh | Agency: PTI

The Punjab and Haryana High Court today issued notices to the Centre on a PIL seeking directions to it to monitor the disbursement of relief money to the 1984 riot victims as per the approved package.

Hearing a PIL filed by Inderbir Singh Chattawal of Ludhiana, a division bench comprising Chief Justice Ranjan Gagoi and Justice Surya Kant asked the Centre to file a reply by February three next year.

In his petition, Chattawal had said the central government on January 16, 2006 had issued a notification to provide ex-gratia amount of Rs 3.5 lakh in case of death and rupees 1.25 lakh in case of injury to the riot victims, but the amount is not being paid to all the eligible persons.

Chattawal had also sought directions to Centre to direct the state governments to reimburse the amount and submit the utilisation certificates after the same.

The petitioner had also levelled serious allegations against Congress leader Sajjan Kumar while giving details of incidents of riots that broke out in November 1984 after the death of the then Prime Minister Late Indira Gandhi, who was shot dead on October 31, 1984.






Judge probing death of Omar’s partyman puts inquiry on hold

Anil Raina

Posted On Saturday, December 03, 2011 at 02:14:20 AM

In Srinagar Three days after he arrived in Srinagar to probe into the mysterious death of a National Conference activist in J&K, the retired Supreme Court judge, packed his bag and flew back to New Delhi on Friday. In a statement, Justice Bedi said he was putting the inquiry on hold till December 15, when the SC  hears a PIL demanding CBI probe into the case.

The state had appointed Justice Bedi to investigate the alleged custodial death of NC worker Syed Muhammad Yousuf Shah and asked him submit a report in six weeks.

However, sources said the indifferent attitude of the state officials was behind Justice Bedi’s decision to put the probe on hold.

Sources said though Justice Bedi was to get staff from State Human Rights Commission and few more employees from judiciary, no one turned up except his personal assistant.

Haji Yousuf allegedly died in custody after being handed over to the Crime Branch of the state police at Chief Minister Omar Abdullah’s official residence here on September 29.





HC defers hearing on PIL challenging resolution on dividing UP

PTI | 06:12 PM,Dec 02,2011

Lucknow, Dec 2 (PTI) The Lucknow bench of the Allahabad High Court today fixed December seven as the next date of hearing on a PIL challenging the resolution passed by the Uttar Pradesh Assembly to split the state into four parts. A division bench comprising Justices Pradip Kant and Devendra Kumar Upadhaya passed the order on the PIL filed by a local lawyer Mahendra Pratap Singh on November 30. The petitioner has also sought directions to place the resolution before the UP Assembly speaker for fresh consideration. Singh said that passing the resolution in the Assembly in 16 minutes without any debate is against the spirit of the Constitution. On November 21, the state Assembly had hurriedly passed the resolution on splitting the state into four parts by a voice vote.





PIL seeks proper security systems

Express News Service The New Indian Express

KOCHI: A Public Interest Litigation (PIL) was filed before Kerala High court on Thursday seeking a direction to the Cochin Port Trust and the Commissioner of Customs to provide proper security systems, including scanning machines at the Port and ICTT.
T X Harry of Thoppumpady submitted that the security system should be effective against export and import of contraband articles. Currently, the entire security of the port and the International Container Transshipment Terminal (ICTT) is controlled by CISF as per the security plan issued for Indian ports.
No proper security measures have been implemented by the Cochin Port Trust or India Gateway Terminal (IGT) to check the cargo, vehicles and containers.
As per the container shipment procedure, containers should be filled with export cargo only in the presence of customs at the warehouse of the exporter or at a customs notified area. After verification, if the customs seal is intact, the customs officer will permit loading of the containers on board the vessel. Ever since Vallarpadam ICTT was commissioned, there has been no check on containers inside the terminal as DP world is restraining the officials under the wrap of SEZ.
The petitioner alleged that as of now there is no scientific checking. The customs could not implement Electronic system inside the terminal due to the adamant stand taken by the IGT. This situation will badly affect the safety and security of the country. Recently three containers exported to Dubai were called back by customs. The petitioner argued that under the name of SEZ, the IGT cannot keep away customs, DRI officials and government security officials from the terminal.
He also sought a directive to the state to implement scanning of domestic trucks and container lorries at check posts to stop illegal trafficking of contraband articles.





Petitioner withdraws PIL against Siddhant Housing Society for judges!8NuGo4ypxRCIwtBaLA%2Fd%3D1%2F#id=I1_1322932795413&

Express news service Former journalist Ketan Tirodkar, who had filed a petition challenging the de-reservation of a plot of land in the Bandra-Kurla Complex (BKC) for residential societies for judges, told the Bombay High Court on Friday that he does not wish to prosecute the Siddhant Housing Society for judges and proceed only against Nyay Sagar Society.

Tirodkar said a government resolution (GR) was issued on June 22, 2004 allotting the land to the Nyay Sagar Society and asking them to de-reserve the plot of land which was allegedly earmarked for housing the dis-housed.

Tirodkar said the land on which the Siddhant Society stands, on the other hand, was allocated under a separate government resolution issued in 2005, which was brought to his notice later, for either a court or quarters for judges or court employees. Tirodkar added there were no members from backward classes in the Nyay Sagar Society while 20 per cent of the members of Siddhant were from the backward classes. He, therefore, said he does not want to press any allegations against Siddhant Housing Society.

Another PIL filed by activist Nitin Deshpande stated that the government land ad measuring 1400 sq m and 1500 sq m for Rs. 21,500/- and Rs. 30,300/- was allotted for Nyay Sagar and Siddhant Societies respectively, when the market price for the area is several times higher.

Tir0dkar’s lawyer R V Bhasin, however, sought the court’s permission to move the Supreme Court and urge it to assign the case to another High Court as it involves sitting judges of the court.

Chief Justice Mohit Shah and Justice R V More granted the petitioners to move the Supreme Court and adjourned the case till January 20.






Cops supply drugs to inmates, alleges PIL!8NuGo4ypxRCIwtBaLA%2Fd%3D1%2F#id=I1_1322932791268&

Express news service

The Punjab and Haryana High Court on Friday issued notices to Central Bureau of Investigation (CBI) and Director General of Police (DGP), Punjab on a petition filed by Shashi Sharma, a Jalandhar resident demanding a probe into the alleged nexus between Punjab jail authorities and authorities of civil hospitals.

The petitioner has alleged that medicines and drugs are being supplied to inmates of various jails in connivance with prison authorities. Demanding a CBI probe into the case, the petitioner has sought directions to register an FIR against the guilty officials for causing death and injuries to jail inmates of Modern Jail, Kapurthala.

A prisoner had died in the jail on November 20 following which other inmates had entered into a scuffle with authorities. Alleging that the medical facilities being provided to the inmates are of very poor nature, the petitioner has sought medical examination of prisoners who sustained injuries in the said incident.

Also, the petitioner has sought compensation to legal heirs of the inmate who died due to firing by jail authorities and to prisoners who sustained injuries due to lathi charge on November 20 and November 21 in the Modern Jail.

Moreover, he has also sought directions to Superintendent, Modern Jail, Kapurthala, to permit the petitioner and members of Punjab Human Rights Organisation to visit the prison and meet the prisoners to help prepare an independent fact finding report on the incident.

The PIL, while alleging that Makhan Singh died in the jail due to lack of medical treatment, claims that fake medical certificates have been prepared in the past to project that inmates had died after they were brought to the hospital.

“The petitioner has been informed that rich and influential inmates are referred by the jail authorities in Punjab to hospitals outside the prison even for minor ailments so that they can enjoy time with their families whereas on the other hand, the poor inmates are not even given basic medical treatment,” reads the petition.





HC stays Netai trial till Jan 10!8NuGo4ypxRCIwtBaLA%2Fd%3D1%2F#id=I1_1322933045634& Express news serviceTags : Calcutta High Court, Abani Singh Sardar,Milan MukherjeePosted: Sat Dec 03 2011, 05:53 hrsKolkata

Gilani’s political n… – By Kalpathy VenkataramanDalai lama – By Kalpathy VenkataramanHazare’s days of glo… – By kulmohanConvoluted thought p… – By Ramdas NaikIt is not lokpal vs … – By RAJAT KUMAR MOHINDRU .JALANDHAR CITY .Jan lokpal bill – By joe m pHazare attacks rahul – By Ramanathan A R

pg=asArticleTab’ v:shapes=”_x0000_i1026″> The Calcutta High Court on Friday stayed the trial of the Netai case till January 10. Abani Singh Sardar, one of the accused in the Netai carnage, had filed a petition in the High Court a week ago challenging the order of framing of charges by Additional Sessions Court, Midnapore.

Arguing on the petition, advocate Milan Mukherjee, counsel of the Abani pleaded that the CBI had filed the chargesheet to the ACJM court at Jhargram in the first week of April. Following that, the case was referred to the Additional Sessions Court, Midnapore for holding the trial of the case. The hearing for the framing of charges started in September and the Additional Sessions Court framed the charges against the accused in October.

Later, the CBI filed a supplementary charge-sheet against the accused in the Additional session court in the October. Mukherjee argued that supplementary charge-sheet cannot be filed to the Additional Sessions Court when charges have already been framed by the same court. He also requested the High Court to reject the order of framing of charges against the accused.





Man gets life for staging own death!8NuGo4ypxRCIwtBaLA%2Fd%3D1%2F#id=I1_1322933220732& Jayant SriramTags : Rohini Courts Complex, Additional Sessions Judge, V K Bansal, SatnamPosted: Sat Dec 03 2011, 01:59 hrsNew Delhi:

Mamta dont play fool… – By rajkumarWill p.m. manmohan s… – By RAJAT KUMAR MOHINDRU .JALANDHAR CITY .Prime minister has m… – By MadhuIndia – By SatishChandraDgp should apologize… – By rajkumarHuman values or supe… – By Venugopal KaikulathDemocracy still the … – By Rajeev

v:shapes=”_x0000_i1027″> A sessions court in the Rohini Courts Complex sentenced a man to life imprisonment for staging his own death in order to escape punishment for a series of offences. The convict had killed a homeless person and then dressed the body in his own clothes.

“It is a unique case where the convict faced trial for his own murder,” Additional Sessions Judge V K Bansal observed while sentencing Karma, hailing from Punjab.

According to prosecution, Karma was facing trial in seven other cases, and there was a strong motive for him to commit the offence because the only way out was to get himself declared dead.

Police said he and a co-accused, Satnam, had killed a 32-year-old vagabond sleeping on a footpath under the influence of liquor on May 21, 2010. The two planted Karma’s clothes on the body, complete with documents such as driving licence and voter’s ID in its pockets, and then burnt it. Karma then got a relative and his wife to go to the hospital and identify the body as his own.








Adultery law biased against men, says Supreme Court

Dhananjay Mahapatra, TNN | Dec 3, 2011, 05.10AM IST The Supreme Court observed that punishment is meted out to the man though the woman with whom he had consensual sex was an equal partner in the alleged crime.

NEW DELHI: Taking up a matrimonial dispute, the Supreme Court on Thursday concurred with criticism of Section 497 of the Indian Penal Code which punishes a man alone for adultery for having consensual sex with a married woman.

The criticism of the bench of Justices Aftab Alam and R M Lodha was on two grounds – that the provision reduces a married woman to a property of the husband, and that punishment is meted out to the man though the woman with whom he had consensual sex was an equal partner in the alleged crime.

‘Women immune to adultery charges’

Section 497 of IPC says, “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”

The bench said, “The provision (Section 497) is currently under criticizm from certain quarters for showing a strong gender bias for it makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading ofthe section that only a man can be proceeded against and punished for the offence of adultery.”

“Indeed, the section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charges of adultery and she cannot be proceeded against for that offence,” the bench said.





Bhanwari case: Maderna sent to police custody

Last Updated: Saturday, December 03, 2011, 15:32

Jodhpur: Former Rajasthan minister Mahipal Maderna was on Saturday sent to police custody till December 9 in connection with the case of missing nurse Bhanwari Devi.

Maderna was produced before a Jodhpur court today, a day after he was arrested by the CBI in in connection with the case.

Maderna was arrested along with Parasram Bishnoi, who is the brother of Congress legislator from Luni constituency Malkhan Singh Bishnoi.

On Friday, the CBI had also filed a chargesheet against three arrested accused persons.

In the chargesheet filed before the court, Shahabuddin, Baliya and Sohanlal have been charged with Section 364 (abduction with an intent to kill) and 120 B (criminal conspiracy) of Indian Penal Code and various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the case.

The agency in the chargesheet alleged that the three arrested accused along with some other unknown persons conspired to abduct Bhanwari Devi to eliminate her.

Bhanwari Devi, 36, went missing on September 1 before which she was in possession of a CD allegedly showing her and Maderna in a compromising position.

Bhanwari Devi had gone missing from Jodhpur’s Bilara area on September 1. On October 16, Chief Minister Ashok Gehlot sacked Maderna from the Cabinet over allegations that he had a role in her disappearance as she was blackmailing him on the basis of the CD.

Her husband Amar Chand tried to locate her by making repeated cell phone calls, but she was untraceable.


Chand had also alleged that she was kidnapped at the behest of Maderna, who denied the charge.

The chargesheet was filed as the 90-day deadline following the arrest of the three accused was about to expire. The CBI also sought time to continue investigation.

Rajasthan’s opposition Bharatiya Janata Party called for a transparent investigation into the case.





Traffic cop who assaulted woman suspended!8NuGo4ypxRCIwtBaLA%2Fd%3D1%2F#id=I1_1322933848673& Express news serviceTags : Traffic cop, Sanjay Gawade, Karuna Rao,MIDC PolicePosted: Sat Dec 03 2011, 02:57 hrsMumbai:

Mamta dont play fool… – By rajkumarWill p.m. manmohan s… – By RAJAT KUMAR MOHINDRU .JALANDHAR CITY .Prime minister has m… – By MadhuIndia – By SatishChandraDgp should apologize… – By rajkumarHuman values or supe… – By Venugopal KaikulathDemocracy still the … – By Rajeev A day after he was arrested for allegedly assaulting a woman PR executive in Andheri (East) on November 16, traffic constable Sanjay Gawade was suspended on Friday.

Gawade, posted at the Tardeo Traffic Division had reportedly assaulted Karuna Rao (34) and allegedly broke the windshield of her car.

Gawade was arrested by the MIDC Police on Thursday and booked under Sections 323, 354 and 427 of the Indian Penal Code for voluntarily causing hurt, assault or criminal force to outrage the modesty of a woman and mischief. He was produced in court and released on bail.

Additional Commissioner of Police (Traffic) Brijesh Bingh confirmed that Gawade had been suspended from service following his reported behaviour.

“He was suspended from service on Friday. Such acts of indiscipline will not be tolerated. An inquiry is on,” said Singh. Gawade had reportedly assaulted Rao after an altercation when his motorcycle had scratched her car. When she stepped out of the car, he allegedly assaulted her and broke the windshield of her car. Rao lodged a complaint at the MIDC police station against Gawade.





Man fakes death, court gives life term

NEW DELHI: A man, who in a bid to escape imprisonment in several criminal cases had faked his own death by burning alive a vagabond and then placing his own clothes, identity card on the charred body, has been sent to jail for life by a trial court, which referred to it as a “unique case where a man faced trial for his own murder”.

Convicting Karma, from Punjab, for murder, additional sessions judge V K Bansal said: “The facts emerged are repeated here again that he (Karma) killed one innocent person, who was sleeping on footpath, put his clothes on the person of that fellow and burnt him.”

Karma, along with co-accused Satnam, killed the 32-year-old, drunk vagabond, sleeping on a footpath under influence of liquor on May 21, 2010, night, police said. They took him near Bhalswa Jheel and burnt him. The two burnt the body to such an extent that it could not be identified. They also put Karma’s clothes over the body, besides planting Karma’s documents like voter card, driving licence, a slip containing a phone number and his house number. The body was identified by Karma’s wife, relatives and father-in-law. But later, his elaborate plot was exposed by his father-in-law Rajpal, who informed the police that he was alive. Rajpal told the police that in June 2010, he had received a call from Karma who said he wanted to meet him urgently. Karma met Rajpal and told him about his whole plan but the latter reported his deeds to the police. “But he (Karma) ran out of luck as his beans were spilled by his own father-in-law, in whom he confided, believing that he will also support him,” the judge said.

The court, however, acquitted co-accused Satnam and said prosecution has not been able to link him with the commission of offence and there is no evidence showing either his presence in Delhi or his connection with Karma.

Detailing the convicts’ act of planting his identity card, wallet etc on the body, the court said: “He has done it to screen himself from the punishment of crime of murder and other offences committed by him.”

According to the police, Karma was facing trial in seven other cases under various sections of Indian Penal Code, including attempt to murder, besides those of the NDPS Act and the Excise Act. The court noted the police were tricked into registering a case under Section 302 (murder) of IPC, believing that Karma has died, in accordance with the motive of Karma, as he was facing trial in seven cases in Punjab.





TN: Will Stalin be arrested in land grab case?

Last Updated: Friday, December 02, 2011, 11:45

TagsMK StalinTamil Nadu Land Grab CaseJayalalithaa

Chennai: A day after Tamil Nadu police registered a land grab case against former deputy chief minister MK Stalin and five others, the arrest of DMK chief M Karunanidhi’s son now looks eminent.

Reports, Friday, claimed that the FIR registered against Stalin has annoyed the DMK leadership and the party supporters, who allege that it has been done at the behest of Tamil Nadu Chief Minister and AIADMK chief J Jayalalithaa.

Stalin has also sharply protested the development alleging that the case registered against him has been fabricated to divert attention from Jayalalithaa’s asset case.

“The FIR was filed to divert the attention from the disproportionate asset cases in Bangalore which are against Tamil Nadu Chief Minister J Jayalalithaa,” he told repoters.

However, he hit back by saying that he will face all allegations levelled against him and clear his name in the case. He also told reporters that he would not seek the court’s adjournment like Jayalalithaa is doing.

Senior DMK leader TKS Elangovan said, “It is a clear case of political vendetta.”

The case has been registered under various sections of the Indian Penal Code (IPC) against Stalin, Udayanidhi Stalin, Raja Shankar, Subba Reddy, Venugopal Reddy and Srinivas for threatening and coercing N Seshadrikumar to sell his house here to the family members of the former deputy chief minister.

Later, Tamil Nadu police issued a statement saying Srinivas threatened the tenants of Seshadrikumar to vacate the house and forced him to sell the property to Stalin’s family.

The property, measuring around 6,000 sq ft, was registered in the name of Venugopal Reddy, said to be Stalin’s associate, for Rs.5.54 crore — less than the market price prevailing in 2010.

It is said that Stalin has been eyeing the land adjacent to his house for his daughter.

According to Seshadrikumar, police refused to accept his complaint against those who threatened him last year, when the DMK was in power.

This is among the numerous land grab and graft cases filed by the AIADMK government against leaders of the erstwhile DMK regime.

DMK Lok Sabha member JK Ritheesh Kumar was arrested Nov 16 on land grab charges in Chennai.

The state police have also arrested former ministers K.N. Nehru, Veerapandi Arumugam, NKKP Raja and K Ponmudi for land grab.

The former state ministers are now out on bail.

With PTI Input





Justice Akanbi advocates complete overhaul of judiciary

December 2, 2011 04:39PM

Justice Mustapha Akanbi, former president Court of Appeal, on Wednesday advocated the complete overhaul of the nation’s judiciary to ensure that people of integrity and honour were appointed to the bench.

Mr Akanbi made the call in Lagos at the eight edition of Justice J. I. C Taylor Memorial Lecture organised by the Nigerian Bar Association, Lagos branch.

The late Taylor was appointed the first indigenous Chief Justice of Lagos in 1964 and also served on the Supreme Court bench between 1960 and 1964.

Akanbi delivering a lecture entitled: ‘Restoring Confidence in the Judiciary: The Role of the Bar and Bench’, said that “recent events and happenings had portrayed the judiciary as a fallen institution.”

“To restore confidence in the judiciary, honesty, transparency, probity, accountability, justice and fairness to all should be the criteria to follow,” he said.

The former chairman, Independent Corrupt Practices Commission particularly mentioned the National Judicial Council and the Judicial Service Commission as institutions needing total overhaul.

He described the recent face-off between the retired Chief Justice of Nigeria (CJN), Justice Aloysious Katsina-Alu and former president of the Court of Appeal, Justice Ayo Salami, as “a classic case of a house divided against itself.”

“Never before in the annals of our judicial odyssey has so much happened to damage the image of the nation’s judiciary.

“To my knowledge, this was the first time a CJN and a president of the Court of Appeal engaged openly in serious altercation, following an election petition case.

“The judiciary, wittingly or unwittingly, played into the hands of the political authorities,” he said.

Akanbi said that the era when Nigerians looked up to the judiciary for leadership in matters relating to justice, equity and fairness seemed to be diminished.

“In the past, judges were seen as men of honour, men of integrity, great minds who administered justice with the fear of God.

“Unfortunately, these noble virtues for which most of the earlier generations of judges were known have been thrown to the winds,” he said.

He described Taylor as a judicial colossus who towered over and above his peers.

“He was an upright judge and this fact is not only the view of his colleagues on the bench but by the public at large,” Akanbi said.




Jagan auditor says CBI exceeding HC brief

TNN | Dec 3, 2011, 04.41AM IST Special judge B Nagamaruthi Sarma of the CBIcourt Friday issued a notice to CBI asking it to state its stand on a petition accusing the agency of overstepping its brief in its probe in the Jaganmohan Reddy illegal assets case.

The petition was filed by V Vijay Sai Reddy, financial advisor to the Jagan companies, urging the court to restrain the CBI from going beyond the scope fixed by AP High Court. The HC directed the CBI to verify whether Jagan companies received investments during the time his father YSR was chief minister . But CBI, among other things, is pressuring certain persons to turn witness and depose against Jagan, Reddy said.





Land for HC judges: SC to be moved

TNN | Dec 3, 2011, 05.43AM IST

MUMBAI: Petitioners challenging land allotment to two judges’ societies told the Bombay HC on Friday they apprehend not getting justice and are moving the Supreme Court to transfer the matter to another HC.

Chief Justice Mohit Shah and Justice Ranjit More were hearing two petitions challenging allotment of land to Nyaysagar and Siddhant societies at Bandra (E), of which several sitting and former Bombay HC judges are members.

The advocate appearing for petitioner Ketan Tirodkar urged for an adjournment so that his client can move the SC to transfer the case to another HC. “This is a serious issue in which judges of this court are involved. I (Tirodkar) apprehend justice will not be done.” Justice Shah asked, “Is this the first time land has been given to judges?”. The advocate replied, “A number of sitting judges are alleged to have received flats and further alleged to have rented them for lakhs per month. This is unethical.” The advocate appearing for the other petitioner, Nitin Deshpande, also said he will be moving the SC with a similar prayer.





HC stays proceedings against lawyer Basha

TNN | Dec 3, 2011, 07.33AM IST

BANGALORE: Justice B V Pinto on Friday stayed for eight weeks proceedings in pursuance of anFIR against Sirajin Basha, an advocate who had filed five complaints before the special Lokayukta court against former chief minister BS Yeddyurappa and his relatives.

Basha had challenged the October 29 FIR registered against him on the charge that he submitted fabricated documents relating to complaints he had filed before the Lokayukta court. The FIR was filed under IPC’s Sections 193 (fabricating false evidence) and 466 (forging records). Basha, along with KN Balaraj, had moved governor HR Bhardwaj seeking sanction to prosecute Yeddyurappa, who as CM allegedly denotified BDA land in and around Bangalore for pecuniary benefits.





HC order snuffs out hopes of hookah-bar owners

TNN | Dec 3, 2011, 07.08AM IST AHMEDABAD: Titanic has sunk again. Only this time it is a hookah bar in the city. Fate of Titanic restaurant along with 40 other hookah bars has been sealed with Gujarat high court ruling that the police commissioner’s decision of canceling their licenses was legal and correct.

The police commissioner had issued closure notice to owners of hookah bars as per the provisions of Bombay Police Act on the ground that the restaurants were not following rules and regulations laid down by the authority. The prohibitory orders were also issued under section 144 of CrPC.

The police decided to close down hookah bars for violation of conditions on which the licenses to run the bars were issued to the owners. The objection was two fold that the hookah bars did not abide by the anti-tobacco laws and give access of hookahs to even teens from schools, and the ingredients used in the hookahs are also not permissible under the law.

Eleven bar owners moved high court with grievance that the commissioner could not have ordered for closure. Defending the commissioner’s action, government pleader Prakash Jani submitted that all restaurants and eateries including hookah bars are bound to follow the rules defined by police. The decision to close down the bars was taken in public interest. He also argued that nearly a million people die in the country every year due to tobacco consumption every year.

Senior counsel Yatin Oza argued on behalf of the bar owners, but failed to convince the court that commissioner’s decision was illegal. On part of bar owners, it was contended that commissioner had in an arbitrary manner modified conditions of license and made it more stringent. They denied any violation of rules on their premises. They also challenged commissioner’s order to close down the bars on legal grounds that he does not have prohibitory powers and his decision is violative of their fundamental rights.





HC tells 30K BMC staff to return bonus

Shibu Thomas, TNN | Dec 3, 2011, 04.16AM IST

MUMBAI: Over 30,000 employees of the BMC, who went on a two-day strike paralyzing essential services in the city in September 2011, would have to return the Diwali bonus given to them. Ruling that “wrongdoers” cannot be shown as rewarded, the Bombay high court on Friday set aside an industrial tribunal’s order directing the corporation to pay bonus of Rs 11,000 each to the BMC staff owing allegiance to the Sharad Rao-led Mumbai Municipal Mazdoor Union.

“The corporation was justified in denying ex gratia to those employees who participated in the strike,” said Justice Rajesh Ketkar, adding, “This is necessary for maintaining discipline, otherwise employees who participated in the strike would get a signal that despite acting contrary to the order passed by the competent court (prohibiting them from going on strike), they are getting benefits conferred on other employees who did not take part in the stir.”

The court held that the tribunal committed a serious error in passing the order granting monetary relief. “Whether the strike is legal or illegal will be decided at an appropriate time but nonetheless, employees of the corporation were not justified in participating in the strike,” the judge said. The Rao-led union had gone on a two-day strike over pay on September 19 and 20 despite an industrial tribunal prohibiting them from striking work. Subsequently, the corporation had decided not to pay Diwali bonus to the employees who struck work. The union moved the tribunal, which asked the BMC-in an interim order-to pay the bonus. The corporation moved the HC. A vacation bench of the HC asked the corporation to pay Rs 7,500 as salary advance for Diwali, which would have to be deducted from the salary if the verdict went against the employees.

The HC observed that despite the injunction against a strike, the BMC staff had gone on strike. It asked the tribunal to pass interim orders of monetary benefit sparingly.





HC seeks record from Speaker on HJC MLAs’ defection

TNN | Dec 3, 2011, 07.32AM IST

CHANDIGARH: Punjab and Haryana high court on Friday sought the entire record from the Speaker of Haryana Assembly pertaining to the proceedings on the petition filed by Haryana Janhit Congress chief Kuldeep Bishnoi calling for disqualification of five MLAs of his party, who had defected to Congress in November 2010.

Counsel for Bishnoi asserted that the Speaker is deliberately deferring the hearing of the petition on some pretext or the other, following which the bench, headed by Justice M M Kumar, directed to produce the record. Now, the case will be heard on December 7.

The HC had earlier asked the Speaker to hold at least four hearings in a month, which was not done.

On December 20 last year, a single bench, headed by Justice Ajay Tewari, had directed Haryana Assembly Speaker to take a decision within four months, on the petition filed by Bishnoi against “defection” by five members of his party.

Bishnoi had sought disqualification of the five MLAs – Satpal Sangwan, Vinod Bhyana, Narender Singh, Zile Ram and Dharam Singh – from the membership of the Assembly under 10th Schedule of the Constitution for defecting.

Bishnoi had alleged that these MLAs joined the Congress after ‘merging’ the Haryana Janhit Congress (Bhajan Lal), on whose ticket they were elected, with the Congress. Bishnoi had also levelled allegations against Haryana Assembly Speaker H S Chatha of mala fide intention and trying to shield the defected MLAs.

While allowing Bishnoi’s plea, Justice Tewari in his December 20 orders had observed, “This court is of the opinion that judicial intervention is justified in this case even during the trial of the petitions, filed by the petitioner, and issue a direction to respondent Speaker to decide the petitions within a fixed time frame.”

The Speaker and the MLAs had, therefore, filed an appeal against Justice Tewari’s orders before the division bench and the bench had stayed the directions on March 1.






Delhi HC stays Chandolia’s bail

BS Reporter / New Delhi December 3, 2011, 0:45 IST


R K Chandolia, personal secretary to former telecom minister A Raja, is in a limbo as far as his bail is concerned. In a rare development, the Delhi high court here on Friday sought a stay on the bail order given by the 2G trial court yesterday. The notice was sent on its own initiative by the HC to the trial court. The order said, “In case Chandolia has not been released on bail, there shall be a stay against the operation of the said order (of bail).” Chandolia was released from Tihar Jail last night.

The order on Chandolia has come in the wake of the pending verdict on former telecom secretary Siddharth Behura’s bail application. High court judge Justice V K Shali had reserved the order on Behura’s bail petition yesterday.

Referring to trial court judge OP Saini’s bail order for Chandolia, Justice Shali said, “Question arises as to whether the order of grant of bail was just, proper or arbitrary or unreasonable having regard to the facts of the case and the allegations made.” The development came as a rude shock to the accused and the lawyers who said this case is getting more peculiar by the day. “It is very strange and unprecendented. The HC order can now only be cancelled after both the parties are heard again,” a senior lawyer associated with the 2G case said.

Chandolia’s lawyer, Vijay Aggarwal, refused to comment on the matter.

According to legal experts, the high court notice has put Chandolia on a leash. “On what moral grounds is CBI choosing to oppose the bail pleas of Chandolia or Behura while not going against the private persons who have allegedly taken bribes,” a senior lawyer said. Saini granted bail to Chandolia despite CBI opposing it.

In its notice to the special CBI court, Shali said “This court in exercise of its powers of superintendence…deems it just and proper to see the legality, propriety and correctness of the said orders passed the learned Special Judge.”

While stating that it was learnt through newspaper reports that Chandolia had been granted bail, the high court order has directed the trial court to submit to it the record of Chandolia’s bail application, CBI’s reply and copy of any other relevant documents. The matter has been listed for hearing in the high court for December 7.

Saini, in his order yesterday had said that Chandolia was only a private secretary and did not have any independent powers and that his case cannot be equated with that of Raja or Behura. CBI while opposing his bail plea had said that the three – Raja, Behura and Chandolia were “high ranking public servants” thereby making a distinction with the private persons who had got bail.

Even High Court in its notice has said that Chandolia is reported to be a member of Indian Economic Service and a ‘public servant.’

On November 23, the Supreme Court while granting bail to five corporate honchos had come down hard on the High Court and the lower court for not granting bail to the accused. “The reasoning adopted by the learned district judge which is affirmed by the High Court, in our opinion, (it is) a denial of the whole basis of our system of law and normal role of the bail system. It transcends respect for the requirement that a man shall be considered innocent until he is found guilty,” the Supreme Court order said.

Thereafter, High Court had taken the apex court’s order as a precedent for granting bail to Rajya Sabha MP Kanimozhi, Kalaignar TV MD Sharad Kumar, Kusegaon Food and Vegetables directors Rajiv Agarwal and Asif Balwa, and Cineyug Entertainment’s Karim Morani.





HC reserves order in Biscomaun case

TNN | Dec 3, 2011, 05.13AM IST PATNA: The Patna High Court (HC) on Friday reserved its order in a case related to Biscomaunand other co-operative societies. The petitioner in the case, Ramzan Ansari, had challenged the disbanding of Board of Directors of Biscomaun. The petitioner had said in his PIL that as Biscomaun was chartered for the welfare of the farmers of the state, the disbanding of the Board was an unwarranted step.

It may be mentioned that the government had in place of the Board had appointed an administrator to look into the society’s functioning.

A single bench of the court presided by Justice Samrendra Pratap Singh on Friday, after hearing pleas from both sides, reserved its order.

JD(U) MLC’s suspension case: The same bench on Friday, directed the secretary and working secretary, state legislative council, the state chief secretary (CS) and JD(U) chief whip in the council Sanjay Kumar Singh to file their reply on a petition filed by expelled JD(U) MLC Prem Kumar Mani, who had challenged the termination of his membership from the council in the HC.

Mani, in his petition, alleged that by issuing his termination order, council chairman Tara Kant Jha has acted beyond his jurisdiction. Jha had terminated the membership of Mani on September 12, 2011. Mani was earlier suspended and later suspended from the JD(U) by the party leadership on charges of anti-party activities.

Mani’s counsel Dinu Kumar said that the council chairman’s decision has been challenged on the ground that due procedure was not followed while terminating the membership of Mani which stands in violation of the constitutional provisions. He also told the court that the suspended MLC was not given a chance to put forth his view before action was taken against him. Mani had said in his petition that he was very much in the party as he was attending party’s function on regular basis.

The court, after hearing pleas from both the sides, ordered the council chairman along with the CS and others to file their reply within six weeks. Mani was to complete his six-year term as an MLC in May next year.





Supreme Court notice to Varun Gandhi over ‘hate speech’

TNN | Dec 3, 2011, 05.39AM IST

NEW DELHI: BJP’s young turk Varun Gandhiwas on Friday asked by the Supreme Court to respond to a petition seeking cancellation of his election to Lok Sabha from Pilibhit constituencyin 2009 for an alleged hate speech with communal overtones.

A bench of Justices Altamas Kabir and S S Nijjar entertained an appeal filed by V M Singh, who had contested against Varun on a Congress ticket and lost, and issued notice to the BJP leader asking him to file his response to the allegations.

Singh’s counsel, senior advocate M N Krishnamani, gauged the bench’s reluctance to entertain the appeal and used his best argument, “This is a statutory appeal and the Allahabad High Court had dismissed it without even going into the details of the allegations and the electoral malpractice it constituted. The allegations are serious and must be adjudicated by some forum.”

The HC, Krishnamani said, had taken a very technical view that the speeches alleged to have been made by Varun pertained to pre-nomination stage and could not be made a ground for assailing the elections under the Representation of People Act.

The HC had held, “On a perusal of the entire election petition, it is abundantly clear that the petitioner (Singh) has challenged Varun Gandhi’s election mainly on the ground that the respondent’s election speeches during the pre- as well as post-nomination period amount to a corrupt practice and even his pre-nomination speeches due to telecast/publication by various TV channels and other media during the post-nomination period remained alive and effected the electorate to cast their votes for the respondent on the ground of religion.

“In view of the finding on point No.1, the pre-nomination speeches of the respondent, which have been averred in most of the paragraphs of the election petition, do not constitute a corrupt practice nor disclose a cause of action and are irrelevant and unnecessary, therefore, such speeches are liable to be excluded.”


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: