LEGAL NEWS 04.12.2011

Protect the life of Dr. Lenin: NHRC asks DGP of UP

By TCN News,

New Delhi: Taking strong notice of the death threat to Dr. Lenin Raghuvanshi, eminent human rights activist and Secretary General of Peoples’ Vigilance Committee on Human Rights (PVCHR), National Human Rights Commission (NHRC) on Friday asked Director General of Police (DGP) of Uttar Pradesh to take steps to protect the life of Dr. Lenin.

NHRC in its meeting on 2nd December (Friday) decided to issue notice to DGP, calling for a detailed report within 7 days. The NHRC also asked the state top cop to “take steps to protect the life of Dr. Lenin Raghuvanshi and the witness in Sohrab case.”

Dr. Lenin in July this year had highlighted the mysterious murder of Gorakhpur resident Sohrab Khan in an area of the district that is known to be stronghold of Hindu Vahini, an extremist group believed to have full support of Gorakhpur BJP MP Yogi Adityanath. Dr. Lenin in his letter to state governor, NHRC and other authorities had mentioned the activities of Hindu Vahini and Yogi’s support to it.

Dr. Lenin Raghuvanshi on 29.11.2011 received a threat on his mobile number. The caller threatened him of death. The caller introduced himself as J.P. Mishra, resident of Gorakhpur. The caller threatened him (Dr. Lenin) that he will shot him dead and can do anything.

In his letter to NHRC on 30.11.2011, Dr. Lenin said the threat has come because the PVCHR had made a complaint in Sohrab killing case, Gorakhpur, in which name of Adityanath had appeared. Dr. Lenin requested to conduct a high level enquiry against the culprits and provide security to him and witness in Sohrab case.

The NHRC in its order has also sought protection to the witness.





Separate Commission For Disabled: CM

Express News Service The New Indian Express

PUDUCHERRY: The UT government will soon set up up a separate commission and appoint a Commissioner for disabled persons, said Chief minister N Rangasamy on Saturday.

He was speaking at a function organised by the Department of Social welfare to celebrate� International Day for disabled persons.

He said that� all efforts were being made to provide three per cent reservation to disabled persons. This reservation would be effected� for 600 posts of� LDC, typist, stenographer storekeeper and another 1100 posts of teachers in the education department.

Moreover, disabled persons would be assisted in� self-employment ventures by way of loans. The government has been elected by the people and it would fulfil their needs, he said. The scholarships of `1000 for disabled� students� and the financial assistance of `5000 for the visually impaired would be enhanced. A library would be set up for the visually impaired� by the department of social welfare, he said.

Further, he assured that all schemes including Perunthalaivar Kamarajar Housing scheme and� the free house sites for poor would be implemented.

Welfare minister P Rajavelu, special secretary to the government(welfare) G Theva Neethi Dhas,and director, social welfare K Uthaman were among those present. The Chief minister distributed assistance under various schemes to the disabled persons.







Close International Crimes Tribunal: BNP
Sat, Dec 3rd, 2011 5:51 pm BdST

Dhaka, Dec 3 (—BNP has expressed no-confidence in the International Crimes Tribunal (ICT), dealing with crimes against humanity during the 1971 Liberation War and demanded that all its proceedings be immediately stopped.

“The fundamental rights of the war crime suspects have been violated at the tribunal. BNP has no confidence in the tribunal,” senior party policymaker Moudud Ahmed said at a news conference at the party’s central office on Saturday.

The former law minister claimed that the tribunal is going to hand down sentences that the ruling powers desire and termed its proceedings ‘eyewash’.

Moudud demanded that senior BNP leader Salahuddin Quader Chowdhury MP, now behind bars for his alleged involvement in war crimes and crimes against humanity, be immediately released from custody.

The government formed the International Crimes Tribunal, lawyers’ panel and an investigation committee on Mar 25 last year to try the 1971 war criminals.

Jamaat-e-Islami chief Matiur Rahman Nizami, secretary-general Ali Ahsan Mohammad Mojaheed, executive council member Delwar Hossain Sayedee, assistant secretaries-general Mohammad Kamaruzzaman and Abdul Quader Molla, BNP standing committee member Salahuddin Quader Chowdhury and former member of BNP founder Gen Ziaur Rahman’s cabinet Abdul Alim were arrested on charges of crimes against humanity.

The tribunal has already framed charges against Sayedee.

The senior leader alleged that the government described the tribunal as an ‘internal tribunal’ after much dilly-dallying. It (government) has frozen all sorts of laws that provide equal rights to the accused.”

Moudud alleged that the prosecution conducted proceedings for one year in absence of Salahuddin Quader while the BNP leader was given only three months to defend himself.

“BNP is also for war crimes trial, but such trials should be done as per the country’s existing laws so that there can be no doubt among the people,” he added.

The party’s acting secretary-general Mirza Fakhrul Islam Alamgir, standing committee members A R Gani, Jamiruddin Sircar, A S M Hannan Shah, Rafiqul Islam Mia, Mirza Abbas, Goyeshwar Chandra Roy, vice-president Selima Rahman, Supreme Court Bar Association president Khandaker Mahbub Hossain and its general secretary Badruzzaman Badal, former attorney general A J Mohammad Ali, former minister Aminul Haque and former president of Dhaka Lawyers Association Sanaullah Mia were present at the media call at the Naya Paltan headquarters.

Money Wadia received for land not taxable’

C Unnikrishnan, TNN | Dec 4, 2011, 05.15AM IST

MUMBAI: The Income Tax Appellate Tribunal has said the amount received by textile and real estate baron Nusli Wadia for development of land in his control is not taxable. Wadia is the administrator of around 600 acres of land that once belonged to late E F Dinshaw.

The trust that owns the land has paid tax for the money received from developers. If Wadia, also a beneficiary, received a part of it, he cannot be taxed again, the tribunal said.

The tax demand pertains to around 110 acres along Goregaon-Malad Link Road developed by the Raheja brothers, who have set up commercial premises, including Mindspace and Inorbit Mall. Wadia had given Rahejas the right to develop it in 1995. The trust was entitled to 12% of the money realized and 88 % went to the developer. In 2003-04, of the sale proceeds, Wadia received Rs 72.71 crore as advance from Ivory Properties and Ferani Hotels, the Raheja companies developing the land. The I-T department slapped a tax claim of Rs 31.43 cr from Wadia on this transaction.

A month before he died in March 1970, Dinshaw in his will bequeathed all income from his property to his sister, Bachoobai Woronzow. But the will said that after Woronzow’s death, the property would go to two New York-based charities. Jehangir Dubash, a lawyer, was appointed to administer the property. Subsequently, Dubash moved the Bombay high court, asking it to appoint Nusli Wadia as the administrator of the property. In December 1972, the high court passed an order by which Wadia became the administrator of the property. As administrator, Wadia struck a deal with the Rahejas in 1995 to develop the land. In 2000, Wadia moved the high court challenging the validity of Dinshaw’s will, claiming it to be null and void under the Indian Succession Act.

Before the court decided the issue, Wadia and his four companies paid Woronzow Rs 20 lakh and signed an agreement in September 2001, buying her right to the income from the property. A year later, the high court held that Dinshaw’s will was invalid and ruled in Wadia’s favour. The two Amercian charities challenged the high court order, but subequently withdrew it. Woronzow died in August 2003.

The Tribunal said that the advance amount received from developers cannot be treated as income earned by the trust till the sales take place. Thus, money distributed to Wadia from the advance amount also cannot be treated as his income. The I-T dept maintained that Wadia was liable to pay the tax, being the de facto owner of the land. But he said that he was merely the administrator of the land and not the owner. In his earlier appeals also, Wadia said the Rs 72 crore he received is akin to a “gift” arising out of the agreement with Woronzow and hence should not be taxed.

The department had said that Wadia knew that the bequeathal of the properties to American charities may be held invalid by the HC. Therefore, he invested a small sum of Rs 20 lakh and entered into an agreement with Woronzow to make a big fortune. But the tribunal said, “Woronzow had total confidence in the assessee (Wadia) and treated him like her son.” Woronzow knew Wadia could make huge gains. Wadia’s rights on the properties started only after her death. “The other circumstance, like Woronzow bequeathing her personal properties to the sons of the assessee, also shows that no commercial angle was involved,” the tribunal said.

The Tribunal said that mere receipt of sale proceeds by Wadia from the trust would not amount to end of his rights. Since there is no transfer of capital asset, it does not attract capital gains, the Tribunal said.






Bhopal gas tragedy: Won’t submit to Supreme Court jurisdiction, says Dow Chemicals

Dow Chemicals has declined to share its wholly owned subsidiary Union Carbide Corporation’s alleged past residuary liability towards compensating 1984 Bhopal tragedy victims.

NEW DELHI: US-based multinational Dow Chemicals has declined to share its wholly owned subsidiary Union Carbide Corporation’s alleged past residuary liability towards compensating 1984 Bhopal tragedy victims and refused to submit to the jurisdiction of theSupreme Court of India, which is dealing with the Union government’s plea for an additional Rs 7,844 crore to the gas victims.

The UCC also took a stand similar to Dow Chemicals in not submitting to the SC’s jurisdiction. It narrated the long and winding negotiation process in the 1980s resulting in a settlement for payment of $470 million as full and final settlement towards compensating the victims of the world’s biggest industrial disaster. A section of civil society is opposing Dow Chemicals sponsoring London 2012 Olympicsbecause of UCC’s role in Bhopal gas tragedy and the alleged inadequate compensation given to victims.

It said the victims have been more than adequately compensated and under the law UCC was not required to pay a penny more. It said if the 1989 settlement was to be reviewed, then it must be set aside first and the money paid by it be refunded. However, it also argued that it would cause grave prejudice to a private party to contest a compensation case 27 years after the tragedy.

It said the government in 1991 failed in its first attempt to “dishonour the settlement”. “After this the Union of India has never, ever suggested that it was either not bound by the settlement or that the principle underlying the settlement was flawed for any reason,” it said.

The UCC said as late as in 2007, the apex court had rejected attempts for enhancement of compensation on the ground that the matter “stood finally decided by the 1989 judgment, and the gas victims had already received twice over the compensation which they were entitled on account of a huge surplus of funds remaining, after all valid claims had been compensated in full once over”.

Dow Chemical’s response to the SC was terse. “Dow Chemicals Company has not submitted to the jurisdiction of the Supreme Court or any other court in India,” it said.

Its affidavit said: “Dow Chemical Company is a foreign company incorporated in Delaware, USA, with its principal place of business in Michigan, USA. It has no presence in India that would make it amenable to the jurisdiction of the Supreme Court. Nor did it have any presence in India at the time of the events (1984) underlying the instant curative petition to make it amenable to the jurisdiction of the Supreme Court.”

In the intervening night of December 2-3 in 1984, a poisonous gas leak from Union Carbide India Ltd’s pesticide plant in Bhopal killed more than 15,000 people and maimed a lakh more. Though the Indian government initially demanded $3.3 billion as compensation, it scaled it down to $500 million and ultimately agreed to Supreme Court supervised settlement for receiving $ 470 million in 1989 as full and final compensation from UCC.

But, after the trial court passed lenient sentences against the accused in trial court, a public uproar against the manner in which the world’s largest industrial disaster was handled by the government, forced the Centre to move for harsher punishment and demand additional compensation.

Though the apex court has already delivered its verdict in the criminal case, it has sought responses from Dow Chemicals, Union Carbide, Eveready Industries India Ltd and McLeod Russel on the Centre’s plea for review of the court’s 1989 judgment. It has also asked for an additional Rs 315 crore to repair the damage to environment because of seepage of the deadly chemicals polluting the groundwater around the defunct plant in Bhopal.





Reds call shots in ‘liberated’ zones: Jairam Ramesh

Sanjay Ojha, TNN | Dec 4, 2011, 05.12AM IST

RANCHI: In a rare admission by a senior Union minister, Jairam Ramesh on Saturday said there were “liberated” zones in the country dominated by Maoists, corroborating the rebels’ claims that in west Jharkhand and south Chhattisgarh, the state’s writ doesn’t run.

“In the heart of the country, these two places are liberated zones. Our officers – be it deputy commissioners, block development officers or anganwadi workers and health employees – don’t venture into these places of Jharkhand and Chhattisgarh. The public distribution system is not working,” said the rural development minister, who was here to review projects inSaranda forest in West Singhbhum district.

The Centre has recently taken up development works in Saranda, after security forces flushed out Maoists.

More districts to be categorized as Naxalite-hit

Admitting that there were liberated Maoist zones in Jharkhand and Chhattisgarh, rural development minister Jairam Ramesh on Saturday said there were plans to categorize 15 more districts as extremist-hit to channel projects. This will take the count of such districts from from 60 to 75. Of the 15 new districts, three fall in Ranchi,

Khunti and Giridih in Jharkhand. At present, 14 districts of Jharkhand are categorized as LWE-affected. Ramesh was here to review projects in Saranda forest of West Singhbhum district.

“We will develop all 56 villages in the Saranda forest as model villages. We will replicate it in other areas like Jangalmahal in West Singhbhum and Abujhmad in Chhattisgarh. The Union government will spend Rs 277 crore for development work in Saranda, which includes construction of roads measuring 140 kilometres,” said Ramesh.

“It is because of non-functioning of post offices and banks in Maoist-dominated areas of Jharkhand, I have allowed the state government to make cash payment to beneficiaries of schemes under MGNREGA. I am hopeful that now when the workers will get cash payment, more people will come forward for work,” he said.





PIL seeks ban on structures around temple

TNN | Dec 4, 2011, 02.52AM IST

MADURAI: A public interest litigation has been filed in the Madurai bench of the Madras high court seeking an interim injunction not to permit any constructions surrounding the Meenakshi Sundareshwarar temple.

In the PIL, A S M Kumar alias S Muthukumar, an advocate, also sought to implement a government order passed in 1997 prohibiting construction of buildings exceeding a height of nine metres within the area bounded by the outer walls of the Meenakshi temple from Masi streets (namely North Masi Street, East Masi Street, South Masi Street and West Masi Street) without any delay or discontinuance.

The petitioner said the temple had four gopurams facing all four directions. The original temple built by Kulasekara Pandyan was in ruins. The plan for the current temple structure was laid by Viswanath Naik and completed by Tirumalai Nayakar. The Aadi, Chittirai, Maasi and Veli streets surrounded the temple, which was adorned with exquisite carvings and sculptures and gold plated vimanams. Hence, pilgrims wanted to get a panoramic view of the gopurams as well as the gold plated vimanams.

Pointing out that before the last 30 years, the gopurams and vimananms were visible without distraction throughout Madurai city, Muthukumar said unauthorized constructions were gradually affecting the possibility of a panoramic view of the temple. The petitioner said the government had passed the order on January 30,1997, for the purpose of protecting the gopurams, with guidelines not to put up constructions beyond the limit of 9 metres.

The petitioner said the towers of the temple were visible from a distance and the temple heads had made sure that no high-rise buildings blocked this magnificent view. Although heritage city rules ban buildings beyond nine metres in height within a radius of one km around this temple, almost a thousand buildings in Madurai had violated this. Many were as tall as 25 metres. And, for the first time, temple heads had come out strongly against these violations.

“It is increasingly becoming difficult to have a clear look at the heritage towers of the temple. Unless the restrictions are strictly enforced, soon people may have to come to their rooftops to have a look at these towers,” the petitioner added.

The petitioner stated that the city police too had objected to the construction of some high-rise buildings around the famous temple, but it was not known whether the buildings had been constructed with permission or without permission. Muthukumar further said that though theCentral government repeatedly insisted upon the security of famous historical monuments, thestate government did not take any effective steps to implement the government order.





High court seeks probe into corruption in Punjab jails

Punjab Newsline Network

Saturday, 03 December 2011

By Sukhpal Kaur

CHANDIGARH:  Punjab and Haryana high court has ordered a probe into large scale corruption in the jails of the state with regard to medicines and medical treatment to jail inmates. The court ordered the probe acting on a public interest litigation (PIL). The court has issued notice to the state for January 10.


The PIL filed by Shashi Sharma of Jalandhar mentioned that drugs and other narcotics were being supplied to inmates of various jails of the state in connivance with jail authorities. Seeking probe by an independent agency, the PIL also sought directions for registering an FIR against the officials guilty for causing death and injuries to Kapurthala’s Modern Jail inmates on November 20 and 21.


Shashi Sharma, the petitioner also claimed that in the unpleasant incident of Makhan Singh (Kapurthala jail), the civil hospital authorities had prepared a false record in connivance with the jail authorities that he was brought alive to the hospital for treatment. It is worth mentioning that Makhan Singh had died on November 16 due to lack of proper medical treatment in jail. The petition also mentions that in many cases where inmates have died in various jails of the state, the civil hospitals have prepared a forged record.


It is ironical that many a times, some convicts are given the authority to give medicines to the ailing inmates in absence of the jail doctors and pharmacists. The doctors are shown present only on papers by the jail authorities. The petition also mentions that the discrimination is made between the rich and poor inmates. Rich and influential inmates are often referred to hospitals by the jail authorities for even minor ailments whereas the poor inmates are not given proper treatment even for serious health ailments.





NGOs inform apex court apprising PM on nuclear safety


An application has been filed before the Supreme Court with copies of letters and documents sent to the Prime Minister highlighting the concerns on safety and cost-effectiveness of the nuclear plants in India.

The application was filed earlier this week by NGOs Common Cause and Centre for Public Interest Litigation as well as some prominent citizens.

On November 14, acting on the Public Interest Litigation (PIL) filed by these NGOs and citizens, a Bench headed by the Chief Justice of India Mr S H Kapadia had asked the petitioners to first write to the Government on the matter.

The apex court had adjourned the matter saying it would consider the petition only after the petitioners show that they had moved the concerned department regarding their grievances. It will now hear the matter again on December 5.

Advocate, Mr Prashant Bhushan, representing the petitioners, had said that they had already written to the Department of Atomic Energy about the concerns on nuclear safety but the Government failed to take any action despite their representations.

The petitioners in the PIL include the two NGOs as well as prominent persons such as former Cabinet Secretary Mr T.S.R. Subramanian, former Chief Election Commissioner, Mr N. Gopalaswami, and former Navy Chief Admiral L Ramdas.

They wanted the apex court asking to direct that an independent expert body conduct a thorough safety re-assessment of the country’s existing and proposed nuclear facilities. The PIL also sought the court’s direction for the expert body to carry out a thorough cost-benefit analysis of all proposed nuclear facilities and a comparative cost-benefit analysis vis-à-vis other sources of energy.

The petitioners also wanted the court to “issue an appropriate writ cancelling clearances given to the proposed nuclear power plants and staying all proposed nuclear power plants till the requisite safety assessment studies, thorough comparative cost-benefit analysis and meaningful public hearings are carried out by or under the supervision of an independent expert body.”

The new application of the petitioners said that a recent BBC survey said 77 per cent of Indians do not support the building of nuclear plants.

Most countries have not installed any nuclear reactors in the last 25-30 years, it said, adding that nuclear energy has been on a decline due to its costs and risks. But the Government has decided to install mega-nuclear parks costing lakhs of crores of rupees without any safety analysis, it said.

“This reckless expansion of nuclear energy could have potentially disastrous consequences for the people of the country and therefore violates their right to life and environment. In a densely populated country like India, a nuclear accident can affect lakhs of people,” it said.

The documents along with this application include letters written on the issue by several citizens including former Secretary (Finance) and nuclear physicist Dr E A S Sarma to the Prime Minister, who is the minister-in-charge of the Department of Atomic Energy, and to the Power Ministry.







Ensure availability of life-saving medicines

Express News Service The New Indian Express

CHENNAI: A public interest writ petition has been filed in the Madras High Court for a direction to the State government to take urgent steps to ensure availability of life-saving medicines and medical equipment for treating patients in the government hospitals in the State.

A division bench comprising Justices Elipe Dharma Rao and R Subbiah, before whom the PIL from advocate S Sathia Chandran came up for hearing last week, ordered notice to the authorities concerned.

The bench also directed the Hindustan Photo Films Limited to supplyX-Ray films immediately.

Petitioner contended that he was shocked to read newspaper reports stating that there was inadequate supply and availability of nitrous oxide and oxygen essential to perform


Nearly 50 surgeries had been put on hold at the Rajiv Gandhi Government General Hospital in the city for want of nitrous oxide which was used as an anesthetic drug during surgery.

The suppliers of nitrous oxide and oxygen had responded saying that they did not

receive any indent from the hospitals. Another news report stated that there was shortage of X-ray films also at government hospitals and primary health centers.

The film was used not only for X-rays but also for CT-scans and related medical diagnostic aids, petitioner said.

It was common knowledge that the government hospitals were flooded with patients� from poor sections of society who have no means to undertake medical treatment.

The state was bound to provide timely medical assistance to persons in serious conditions and denial of the same was violative of the right to life guaranteed underArticle 21 of the Constitution, petitioner contended.






Margao cops stop work on Firgulem bridge after complaint

TNN | Dec 4, 2011, 03.55AM IST

Read More:Margao Cops|Gomes|Firgulem Bridge

MARGAO: Following an application for police protection filed by the residents of Navelim in the district sessions court, Margao, the police stopped the work on a bridge at Firgulem on Saturday.

The complainants were 10 families from Mandop, Navelim. They told the Margao police on Friday evening that the work on the bridge was in contempt of court and demanded swift action.

On July 14, the court passed an order on an application for injunction to restrain the state of Goa, PWD department and the PWD contractor, from any kind of construction in the properties of the families, as they depend on that agricultural land for their livelihood.

On Friday, the court allowed the application for police protection stating that “the situation demands that property needs to be protected” and directed the police to restrain the PWD contractor from any construction. The police directed the PWD contractor to stop the work as per the order of the sessions court. Sources added that there are plans to file a contempt of court in the district sessions court on Monday.

” As per the court order ,a copy of which was submitted to the Margao police, the government departments concerned have been restrained from activities such as dumping material, excavation or digging, entering our properties or using our properties forcefully as an access road ” said Soccorina Silva e Gomes, who filed the complaint on behalf of the other nine families.

The Margao police reached the site on Saturday morning and directed the PWD contractor to stop the work as per the order of the district sessions court. Sources added that there are plans to file a contempt of court in the district sessions court on Monday.

Noticed that work on the bridge had begun a week ago and moved an application for police protection with the District Sessions Court.







CBI files chargesheet against Gali Janardhan Reddy, 3 others

BS Reporter / Hyderabad December 04, 2011, 0:13 IST


The Central Bureau of Investigation (CBI) on Saturday filed its first chargesheet against former Karnataka minister Gali Janardhan Reddy and three others in the illegal iron ore mining scam that spans across Andhra Pradesh, having its origin in Karnataka.

The chargesheet has been filed under Sections 120 B (criminal conspiracy), 420 (cheating), 409 (criminal breach of trust), 468 (forgery for the purpose of cheating), 471 (using as genuine a forged document) of Indian Penal Code (IPC) and Section 13(2 ) read with 13(1)(d)(criminal misconduct) of Prevention of Corruption Act.

While Janardhan Reddy, owner of the Obulapuram Mining Company (OMC) is the prime accused, others named in the chargesheet include B V Srinivasa Reddy, managing director of OMC, V D Rajagopal, then director, Mines & Geology of the Andhra government, and a former lower level official of the same department who has died.

Interestingly, the name of serving senior IAS officer Y Srilakshmi, which figured in the FIR and was freed on bail yesterday after spending a couple of days in police custody, has not been included in the chargesheet.

Explaining the reasons for not including her name, VV Lakshminarayana, joint director, CBI, said the agency was yet to get the sanction of her prosecution from the Centre.

“Under section 19 (All India Service Rules), sanction for her prosecution is required. Apart from this, we need to confirm the details gathered from the officer during the interrogation. As the investigation progresses, we may file supplementary chargesheets naming other people,” he said.

CBI on Saturday sought the court’s permission to continue the investigation into the case.

The 186-page chargesheet is supported by as many as 607 documents running into over 60,000 pages, along with the statements made by 201 witnesses in this case.






Illegal mining case: CBI charge sheets Janardhana Reddy

HYDERABAD: The Central Bureau of Investigation (CBI) on Saturday formally filed charges in illegal mining case involving Obulapuram Mining Company (OMC) and its owner former Karnataka minister G. Janardhana Reddy .

The CBI filed the 186-page charge sheet in the special court dealing with CBI cases at Nampally criminal court complex here.

The charge sheet names Janardhana Reddy, his brother-in-law and OMC managing director B.V. Srinivasa Reddy, and Andhra Pradesh’s former director of mines V.D. Rajagopal as the accused. They are all lodged in Chanchalguda Central Jail here. It also named late R. Linga Reddy, a former assistant director in the mines wing of the state.

The name of arrested Indian Administrative Service (IAS) official Y.Srilakshmi, who was released on bail Friday, did not figure in the charge sheet. The CBI is yet to get permission from the central government to prosecute her.

CBI Joint Director V.V. Lakshminarayana told reporters that since Srilakshmi is a serving public servant, the agency needs permission from the government under Section 19 of the Prevention of Corruption Act to prosecute her. He said others against whom the investigations were on would be included as accused after the evidence against them was confirmed.

The accused have been charged with criminal conspiracy, cheating, theft, criminal trespass, breach of trust by public servant and forgery. The OMC has been charged with illegally mining iron ore in areas other than those allotted to it in Obulapuram area of Anantapur district.

The CBI officials brought the charge sheet and supporting documents running into thousands of pages to the court in 10 trunks. The charge sheet has been filed under Sections 120-B, 409, 420, 468 and 471 of the Indian Penal Code (IPC) and Sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988.

The CBI official said they examined 201 witnesses in the case. The investigating agency submitted to the court 607 documents running into 60,000 pages. The federal agency, which probed the case for three years, also submitted scientific evidence, including satellite imagery and forensic accounting.

It was on Dec 7, 2009, that the CBI office in Hyderabad registered a case against OMC and others under various sections of the IPC, the Prevention of Corruption Act, the Indian Forest Act, and the Mines and Minerals (Development & Regulation) Act.

The CBI arrested Janardhana Reddy and his brother-in-law Srinivasa Reddy in Bellary in Karnataka Sep 5. Rajagopal, former managing director of the Andhra Pradesh Mineral Development Corporation (APMDC), was arrested Nov 13.

According to the CBI, Rajagopal and Srilakshmi showed undue favours to OMC by granting leases for iron ore mining in Anantapur district.

Srilakshmi was secretary of the industries department in late Y.S. Rajasekhara Reddy’s government in Andhra Pradesh when OMC was granted mining lease. The senior officer was arrested Nov 28 and after three-day CBI custody, she was sent to jail Thursday. The officer, who was family welfare commissioner at the time of the arrest, was suspended by the state government.





CBI files charge sheet in Obulapuram illegal mining case

NetIndian News Network

New Delhi, December 3, 2011


The Central Bureau of Investigation today filed a charge sheet in the Court of Special Judge for CBI cases, Hyderabad in the illegal mining case against the Obulapuram Mining Company (OMC) owned by former Karnataka Minister Gali Janardhan Reddy.


Besides Mr Reddy, the charge sheet named his brother-in-law B V Srinivasa Reddy, the managing director of OMC, former Andhra Pradesh Director of Mines and Geology V D Rajagopal and the Bellary-based company, a CBI press release said.


They have been accused of criminal conspiracy, criminal breach of trust, forgery and criminal misconduct under various sections of the Indian Penal Code and the Prevention of Corruption Act.


According to the charge sheet, Mr Janardhan Reddy and Mr Srinivasa Reddy entered into a criminal conspiracy with the Andhra Pradesh government officials and got mining leases allotted to the company. It said they indulged in illegal mining activities amounting to lakhs of tonnes of iron ore.


The CBI said it had used satellite imageries and advanced surveying methods to establish the aspect of illegal mining. It had also used forensic accounting techniques to analyse computer hard disks, laptops, mobile phones with the help of data retrieval techniques.


As collection of evidence with regard to certain allegations in respect of the then Secretary, Industries & Commerce, Government of Andhra Pradesh are in progress, her name has not been included in the charge sheet, a CBI press release said. The then Assistant Director, Mines & Geology, Ananthapur is now no more, it said.


The Reddys were arrested on September 5 from Bellary in Karnataka and are currently in judicial custody. They are lodged in the Chanchalguda Central Prison in Hyderabad.






Illegal mining: CBI chargesheets Janardhana Reddy


The Central Bureau of Investigation on Saturday filed a chargesheet in a special court in the illegal mining case involving Obulapuram Mining Company owned by former Karnataka [ Images ] minister Gali Janardhana Reddy.

The chargesheet was filed against Janardhana Reddy, his brother-in-law B V Srinivas Reddy (also the managing director of the mining company) and against former director of mines and geology (Andhra Pradesh) V D Rajagopal and OMC, CBI Joint Director (Hyderabad Zone) V V Lakshmi Narayana said.

The Reddys, who were arrested on September 5 from Bellary in Karnataka are presently in judicial custody and lodged in the Chanchalguda Central Prison here along with Rajagopal, who was arrested subsequently.

They have been charged under sections 120-B (criminal conspiracy), 409 (Criminal breach of trust by public servant), 420 (cheating), 468 (forgery for purpose of cheating) and Section 471 (using as genuine a forged document or electronic record) of the Indian Penal Code and relevant sections of Prevention of Corruption Act.

OMC is accused of changing mining lease boundary markings between Andhra Pradesh and Karnataka, and indulging in illegal mining in the Bellary Reserve Forest area, spread between Bellary district of Karnataka and Anantpur district of Andhra Pradesh.

The CBI had registered the case against the company on December 7, 2009 at the request of Andhra Pradesh government in the wake of allegations of illegal mining and irregularities in allotment of mining leases to OMC in Obulapuram and Malpanagudi villages of Anantapur district of the state.

The CBI had earlier alleged that mining and extraction of 29.30 lakh tonnes of iron-ore was done in several areas (in Karnataka) other than the leased area of 68.5 hectares held by OMC, owned by Janardhana Reddy.

The probe agency had also arrested a senior Indian Administrative Service officer Y Srilakshmi on charges of abusing her official position and favouring OMC on November 28.

The agency had further alleged that illegal mining has been mainly carried out by the accused (Reddys) by creating forged documents with conspiracy with public servants and secured evidence from transporters to show that iron ore extracted in Bellary of Karnataka was shown as the product of OMC in Obulapuram of Anantapur district of Andhra Pradesh.

Following their arrest and after interrogation by the CBI, the Reddys (Janardhana Reddy and B V Srinivas Reddy) had subsequently filed a quash petition in the Andhra Pradesh high court.

The CBI is probing the “link” between mining activities in Bellary district of Karnataka and Anantapur district allegedly involving Reddy brothers after a directive to the central agency from Supreme Court in September this year. Laxminarayana said the 186-page charge sheet cites 201 witnesses, 607 documents running into thousands of pages and includes several material objects.

According to the chargesheet, Gali Janardhana Reddy and Srinivasa Reddy entered into a criminal conspiracy with V D Rajagopal and late R Linga Reddy, the then Assistant Director (Mines and Geology in Anantapur district,) Y Srilakshmi and others and got mining leases allotted to M/s OMC Limited and indulged in illegal mining activities amounting to lakhs of tonnes of iron ore.

Laxminarayana further said in the investigation scientific technique like satellite imageries and latest/advanced surveying methods have been used to establish the aspect of illegal mining.

In addition, forensic accounting techniques have been utilised to analyse the computer hard disks, laptops, mobile phones and data retrieval technique As collection of evidence with regard to certain allegations in respect of Srilakshmi, the then secretary, Industries and Commerce, Andhra Pradesh, are in progress, her name was not included in the chargesheet, the senior CBI official said.





We are not slaves, can’t be yesmen to judges: lawyers

Express news service

Chandigarh Voicing their anguish against their alleged “degradation” at the hands of a few judges, senior lawyers from Punjab, Haryana and Chandigarh on Saturday said that if need arises they will “show the mirror” to judges.

In a meeting held on the Punjab and Haryana High Court premises to discuss the deteriorating relation between the Bench and the Bar, lawyers said that they “are not slaves” and cannot become “yes men of the judges”.

Presidents of Bar Associations from all districts of Punjab and Haryana were invited to the meeting – anchored by senior lawyer R S Cheema – which ended with a resolution to appeal to judges to ensure the dignity of lawyers and also a request to lawyers to maintain decorum of the court by not indulging in violence or using unparliamentary language.

Senior lawyer Anupam Gupta refreshed everybody’s memory with a judgment passed in the Punjab and Haryana High Court, wherein Justice Uma Nath had sent a lawyer to mental asylum declaring him a “lunatic”. Gupta termed the judgment as an “extreme example of judicial arrogance”.

Chairman of the Bar Council of Punjab and Haryana, Lekh Raj Sharma said that the provision of “contempt of court” is being used by judges against “lawyers who show the courage to call a spade a spade”. He said that once charged with contempt, a lawyer is left with no option but to “beg and bow” before a judge. Without naming any judge, Lekh Raj Sharma said that in one incident the role played by a lower court judge was “unfair”.

He, however, appealed to the lawyers to resort to “peaceful and democratic ways of protest”. Referring to a recent incident, Sharma said that an administrative member of the Central Administrative Tribunal (CAT), Chandigarh, told a lawyer to “shut up” following which the lawyers have decided to boycott his court. Sharma said that no person from the administrative side (civil services) should be allowed to function as a judge in a court of law. He also stated that prior to registration of a criminal case against lawyers, request should be taken from the Bar Council.

In a candid speech, Pardeep Saini, president of District Bar, Amritsar, said the root cause of contempts being issued to lawyers is the “attitude” of judges. “Why can contempt be not issued against judges who misbehave with lawyers? Even lawyers are officers of the court. We are being degraded, no respect is being given to lawyers. Judges cannot forces us to bow before them,” he said.

Lawyers contemplated inviting judges to such meetings to ensure cordial relationship between the Bench and the Bar.

HC tells varsity to show student her answersheets

Shibu Thomas, TNN | Dec 4, 2011, 07.20AM IST

MUMBAI: The Bombay High Court has directed the Maharashtra University of Health Sciences (MUHS) to provide within three weeks a final-year MBBS student with copies of her evaluated answersheets under the Right To Information (RTI) Act.

A division bench of Justice B H Marlapalle and Justice Nishita Mhatre rejected MUHS’s plea that the deadline for applying for a copy of answersheets had passed.

“Admittedly, after the result was declared, the student was entitled to ask for a photostat copy of the answerbooks and apply for revaluation of the answerbook,” said the judges. “We do not find any specific provision in the rules which debar the university from supplying photostat copies of answerbooks of subjects in which the petitioner either failed or passed and such information, in any case, is not in one of the exceptional categories as provided under the RTI Act.”





HC reprieve for rly, and corporation employees

TNN | Dec 4, 2011, 02.51AM IST

MADURAI: The Madurai bench of the Madras high court has dismissed a petition filed by Tamil Nadu Industrial Cooperative Bank Ltd, Madurai, seeking to deduct the loan amount installments from the salaries of defaulting Railway andMadurai Corporation employees.

Holding that the present petitions were an exercise in futility, Justice K Chandru pointed out that if the petitioner-society advanced loans to any government servant, they will have to satisfy themselves about their repayment potential and about the authorization given by their employer in unequivocal terms that in case of default, the salaries or terminal dues of those employees will be deducted and settled towards the loan amounts.

Tamil Nadu Industrial Cooperative Bank Ltd is a registered cooperative society. The grievance of the society is that the members of the society, who were employees of the Southern Railway and the Madurai Corporation respectively, had availed loans from the society and had not repaid them even though they had an agreement on deducting the loan amount from their salary at source.

Despite reminders sent to the Southern Railway and Madurai Corporation, the laon amounts had not been deducted, and hence the petition. The Southern Railway stated that the railways does not authorise any of its employees to avail loans from banks and other agencies without prior sanction of railway administration. Whenever an employee seeks salary certificate for availing loan from any bank, it was stipulated by them in the salary certificate that the railway administration does not undertake the responsibility for recovery of loans from the salary of the employees or repayment of loans availed. It is also stated that the signature affixed on the loan form is not the authorised signatory for the railways.

Further, there is no provision for recovery of the amount while settling the dues of any deceased employee. Dismissing the petition, the Judge further said the petitioner had not mentioned anything about such an agreement being executed by the Railways and the corporation. The Railways had stated that its authorized officers had not signed any such agreement and the railways does not bind itself to such deductions. Hence, the case does not stand. It is also not clear as to how the society can ask some employees to be associate members and start distributing loans and thereafter, find fault with third party employers for not effecting deductions.




HC stay doctors’ appointment

TNN | Dec 4, 2011, 03.12AM IST

JAIPUR: The Rajasthan High Court has stayed the appointments of the shortlisted doctors who did not possess the requisite qualification.

In an order on Friday, Justice M N Bhandari stayed the appointments of the doctors selected after a competitive examination but did not possess the requisite qualification, which is MBBSwith internship, on the date of the examination.

The medical, health and family welfare department had published advertisements on September 25 for direct recruitment 904 medical officers through a competitive examination. There was one mandatory condition that the applicant should possess MBBS degree and registration with the Rajasthan Medical Council. A complete MBBS degree also includes internship.

Tanveer Ahmed, counsel of the petitioner, said, “It means that those who have not completed MBBS with internship at the time of competitive examination are ineligible for the advertised posts.”

“On October 11, the medical, health and family welfare department issued corrigendum in the advertisement published on September 25. It says that those who will complete MBBS with internship by March 3, 2012, will able be held eligible. Dr Laxman Singh, who was the petitioner, challenged the corrigendum in the High Court as it is against the Rajasthan Various Services Amendment Rules, 1999. Now, in this case the High Court has stayed the appointments of the selected doctors, who did not possess the requisite qualification,” Ahmed said.

The department conducted the competitive examination on November 20 for recruitment of the doctors. Initially, the court issued notices and after serving the notices upon the director of medical and health, and convener, medical officer (Direct Recruitment) Competitive Examination-2011 RUHS, the court restrained the respondents from appointing such ineligible candidates though they have been selected.

Sources said among the 904 selected candidates, there could be around 400 selected doctors who are likely to be affected by this stay order.




HC permits changes to petition in school case

TNN | Dec 4, 2011, 03.54AM IST

PANAJI: The high court of Bombay at Goa has allowed amendment of the petition challenging the decision of management of Porvorim-based Sanjay Centre for Special Education, Goa, to shift students, who have completed 21 years of age from staying at the school.

The amended petition, will now also challenge the take over of the previously government-ownedschool by an autonomous society on September 2 2010 while continuing to receive government aid.

The original petition had been filed by Kunda Mangeshkar and 13 other guardians of students of the centre. The centre had issued a notice on September 14 stating that children studying in its vocational unit, who have completed 21 years of age, cannot be allowed to continue at the institute.

This decision was challenged by the petitioners as being a grave violation of their fundamental rights provided by Article 21 of the Constitution of India.





HC query to state on Dam water flow–dam-water-flow/208318-60-116.html

Express News Service The New Indian Express

KOCHI: The Kerala High Court on Friday directed the state government to inform it of the time needed for the water at Mullaperiyar dam to reach Idukki and from there the sea by opening the Cheruthoni dam shutter.

A Division Bench comprising Acting Justice Manjula Chellur and Justice P R Ramachandra Menon passed the order while considering a batch of petitions� regarding the Mullaperiyar issue. The court also directed the state to� furnish the details regarding how much TMC water can be flushed out of the gates of Cheruthoni in an hour.

The court adjourned the hearing of the case to Tuesday and directed the state

to produce technical experts before it if possible. �

Roshan D Alexander, government pleader, submitted a report before the HC on Friday stating that at least 450 families living near the 116-year-old dam would be evacuated on a war-footing to safer places. Eight� schools have been identified for the purpose.

“Appropriate routes through which these families would be taken have also been identified. For making evacuation easier, electric lights have been� maintained in working condition along these routes and on the sides of� Periyar,” the state informed.

The state said the services of the Police Department, National Disaster Response Force and Fire and Rescue Service have also been ensured. The state has taken all possible steps and measures to prevent a disaster as well as to mitigate its impact.

�The government also said that a mock safety drill would be conducted near the

dam area.

The submission was made after the Division Bench directed the government to give details of the safety� measures being contemplated anticipating threat

to the dam. The state had decided to install an early warning system in the vicinity of Mullaperiyar Dam and in some areas between and along the river bank for� getting information about the possible disaster. Digital seismographs have� also been placed for getting accurate and specific� information regarding the seismic activity, the state said. The state further submitted that the Dam Safety

Authority was making regular inspections at all dams, including Mullaperiyar.

Despite the powers of the authority, it could not undertake periodical inspections in Mullaperiyar since the matter is pending before the Supreme Court.

�Moreover, the Supreme� Court had already appointed an empowered committee consisting of three retired judges.





2G scam | Delhi HC stays Chandolia’s bail–Delhi-HC-stays-Chand.html

Justice V.K. Shali took the view that Chandolia’s release might have an “impact” on the decision in the bail plea of former telecom secretary Siddhartha Behura, which is pending before him

Nikhil Kanekal & PTI

New Delhi: The Delhi high court (HC), acting on its own, took cognizance on Friday of the bail granted by a special court to the former private secretary of ex-telecom minister A. Raja in the second-generation (2G) spectrum case, and stayed its operation. The order came a day after the release on bail of R.K. Chandolia.

Justice V.K. Shali, in his three-page order, took the view that Chandolia’s release might have an “impact” on the decision in the bail plea of former telecom secretary Siddhartha Behura, which is pending before him.

Confusion arose from the fact that Chandolia was released from Tihar jail on Thursday evening. Justice Shali’s order said that “in case R.K. Chandolia has not been released on bail, there shall be a stay against the operation of the said order of bail purported to have been passed on 1 December, 2011, by the special judge, till the next date of hearing”.

It was not immediately clear if HC’s order is infructuous, given that Chandolia is already out on bail, or whether he would be taken back into judicial custody. Senior lawyers Mint spoke with were not sure what to make of the court’s order.

“I haven’t seen the order properly. I am surprised. I don’t want to comment further,” said Chandolia’s lawyer Vijay Agarwal.

Special judge O.P. Saini had granted bail to Chandolia in the case relating to irregularities in the allocation of 2G spectrum and licences on the grounds that his case “cannot be equated” with that of Raja and Behura.

The high court, exercising its power of superintendence, decided to examine the “legality”, “propriety” and “correctness” of the bail order and sought responses from the Central Bureau of Investigation and Chandolia on 7 December. Justice Shali said that “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 allegations made qua him.”

Behura was not granted bail, although he applied to the high court alongside Dravida Munnetra Kazhagam member of Parliament K. Kanimozhi, film producer Karim Morani and three other accused in the 2G case who were released on bail. Raja is the only one of the 14 accused who has still not sought bail.





HC move for limiting buildings’ height around Meenakshi temple

PTI | 08:12 PM,Dec 03,2011

Madurai, Dec 3 (PTI) The Madras High Court Bench here has admitted a petition seeking to implement a Central Government order restricting the height of the buildings around the famous Meenakshi temple here to Nine metres. The petitioner S Muthukumar, an advocate, said the tall buildings around the temple had made ‘Gopura Darshan’ (worshipping the tower) from a distance impossible. The tourists were also not able to enjoy the majesty of the towers, he said. The order over height limitations for buildings around the temple order was issued on Jan 30, 1997 after the government announced Madurai as a heritage town and brought out norms for the same. The petitioner said District Collector U Sagayam had asked the local town planning commission to take action against the violators, but no action had been taken on the ground. Hence the High Court shoud intervene and ensure the implementation of the government order, he submitted. Sagayam had, on Nov 15, issued orders for demolition of all illegal floors of buildings near the temple that exceed the permitted nine-metre limit. Submitting that some officials themselves were approving the highrise building without following the due process of law, the petitioner sought a direction to implement the Government Order.





HC upholds detention of extortion gang head

NEERAD PANDHARIPANDETags : Bombay High Court, Santosh Chavan,BootleggersPosted: Sun Dec 04 2011, 02:29 hrsMumbai:


Upholding the detention of the alleged head of an extortion gang, the Bombay High Court on Thursday ruled that the absence of similar action against other members of the group cannot be held in favour of the detained person.

The court was hearing an appeal filed by one Santosh Chavan, who challenged a detention order passed against him. The order was passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. The detaining authority had noted that Chavan had “unleashed a reign of terror” and had become “a perpetual danger to the society” in various localities in Bhandup. The order went on to note that he was likely to indulge in activities detrimental to public order if he was set free.

According to the prosecution, Chavan used to extort money from contractors, shopkeepers and hawkers in the area.





CWC ex-chiefs remark a shot in arm for TN

Express News Service The New Indian Express

CHENNAI: The statement of former Chairman of the Central Water Commission, Dr KC Thomas, asserting that there need not be any apprehension about the safety of the Mullaiperiyar dam has come as a shot in arm for the Tamil Nadu government as well as its people at a time when the Kerala government is vehemently demanding the decommissioning of the dam.
When Kerala raised the safety issue way back in 1979, Thomas inspected the dam and concluded that there was no danger to the dam and suggested some strengthening measures which were carried out by Tamil Nadu in concurrence with Kerala government.
Thomas, in his statement on November 27, has categorically stated that if the storage height is increased to 152 ft, the 13 spillways would be capable of handling maximum floods and the possibility of the dam breaching and toppling Idukki dam was not logical since all possible eventualities were factored in while strengthening the dam in 1981.
Thomas also pointed out that the Jaisamand dam constructed in Rajasthan in 1730 is structurally stable even now and there should be no apprehension about the Mullaiperiyar dam. The memorandum submitted by the delegation of AIADMK MPs to the Prime Minister Manmohan Singh in New Delhi on Friday gave details about the statements made by Thomas on various occasions.






Toll rises to 11 in Jharkhand Maoist attacks

Last Updated: Sunday, December 04, 2011, 12:28

Ranchi: The Maoists on Sunday began their two-day Bharat bandh by blowing up railway tracks in two districts of Jharkhand, even as the death toll in the Naxal attack on the convoy of independent MP and former assembly speaker Inder Singh Namdhari rose to 11.

Superintendent of Police Kuldip Diwedi said a group of Maoists used an IED to blow up a stretch of tracks between Gomia and Dumri railway stations of the East Central Railway in Bokaro district in the small hours on Sunday.

Another group of the left wing extremists blasted tracks between Hehegara and Chhipadohar railway stations in Latehar district, police sources said in Latehar.

Hours before the bandh called to protest against the killing of top leader Kishanji in West Bengal last month, began at midnight, the ultras triggered an IED blast targeting the convoy of Namdhari, MP from Chatra, at Ladu More in Latehar district.

Namdhari, who had gone to Latehar to attend a function, narrowly escaped as the explosion occurred moments after his car passed the spot but the police escort car following him came under the impact of the explosion.

With one more policeman succumbed to his injuries on Saturday night, the toll has increased to 11.

While an 8-year-old boy and six policemen died on the spot, one died on the way to hospital while three others succumbed to injuries at Medininagar hospital, Latehar Deputy Commissioner Rahul Purwar said.

The child was near the spot when the IED explosion took place.

On Saturday, DGP G S Rath had said two civilians, including the driver of the escort car, and eight policemen and were killed.

However, it was later known that the driver the car was a police department employee and not a civilian, said Latehar Superintendent of Police B D Sharma.

The two seriously injured policemen were being shifted from Medininagar hospital to Ranchi.



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