LEGAL NEWS 17.03.2012

DGP Shankar Bidari to go, Infant is in

http://timesofindia.indiatimes.com/city/bangalore/Bidari-out-Infant-in/articleshow/12300135.cms

 

TNN | Mar 17, 2012, 03.40AM IST

BANGALORE: The Central Administrative Tribunal (CAT), Bangalore bench, on Friday quashed the appointment of Shankar M Bidari as Director General of Police (head of police force) of Karnataka. It has directed for appointing AR Infant to the post on ad hoc basis immediately till UPSC considers a list for regular appointment as his name is the only one that remains in the empanelled list.

The CAT bench comprising judicial member B Suresh and administrative member Leena Mehandale has held that the actual scenario about Bidari was not placed before UPSC in the backdrop of NHRC findings and the same is void.

“Notwithstanding the allegations of political consideration and extraneous reasons as made by the applicant, we find the appointment is a result of non-application of mind due to deliberate suppression of material facts. Even though a full picture was available with regard to Bidari in relation to excesses as STF chief, the chief secretary, the home secretary and DPAR secretary failed to present them.The empanelment was without UPSC having the benefit of full information regarding Bidari and it is void,” the bench said in its 74- page verdict.

It said that any selection to posts like chief secretary and DG & IG be commenced after examining all available inputs and material facts regarding candidates and also placing the same for empanelment. The bench discounted Bidari’s assertion that no police officer was indicted in relation to STF excesses while undertaking anti-Veerappan operations and observed that granting of compensation and testimonies of victims were enough.

Infant, who also holds DGP rank and is presently DGP for Fire and Emergency Services and director of civil defence and commandant general of Home Guards, had challenged the November 30, 2011 appointment of Shankar Bidari to succeed Neelam Achuta Rao overlooking his seniority, merit, range of experience and excellent record. In his petition, Infant had also alleged that the state government had ignored the National Human Rights Commission’s (NHRC) findings of serious human rights violations of villagers by STF, commanded by Bidari, during the anti-Veerappan operations.

 

 

 

 

 

Death in jail; Puducherry pays Rs 3 lakh to widow of victim

http://ibnlive.in.com/generalnewsfeed/news/death-in-jail-puducherry-pays-rs-3-lakh-to-widow-of-victim/976336.html

 

PTI | 10:03 PM,Mar 16,2012

New Delhi, Mar 16 (PTI) Puducherry government has paid Rs three lakh compensation to the widow of an undertrial who died in a jail there in 2009, the National Human Rights Commission (NHRC) said today. In compliance with the NHRC recommendation, the state government paid the money to the wife of Silvaraj alias Siva who succumbed to injuries on August 15, 09, a day after he was sent to jail, the apex human rights body said in a release. The magisterial inquiry, conducted in the case, said that there were grounds to suspect “foul play”, it said, adding that medical reports suggested that the victim had serious injuries. A charge sheet has also been filed against five inmates of the Central Prison at Kalapet for allegedly assaulting the victim, it added.

 

 

 

 

 

 

 

 

 

Indian Association of lawyers plea to government

http://ibnlive.in.com/news/indian-association-of-lawyers-plea-to-government/240062-60-123.html

 

Express News Service

THIRUVANANTHAPURAM: State committee of Indian Association of lawyers (IAL) has demanded the government to empower the Kerala Administrative Tribunal (KAT) to deal with all the cases related to all the government departments and staff.

IAL state vice-president Vazhuthacaud Narendran appealed in a memorandum submitted to the Chief minister, Chief secretary, Law Secretary and Principal Secretary(general administration) to issue a notification in this regard.

He pointed out that the KAT had no jurisdiction to handle cases belonging to the Corporation, Municipality, panchayat, other boards and Corporations as the notification as per section 15(2) in the administrative tribunal law is missing.

Further, the High Court had stated that it still had the power to deal with these cases as per an order issued on January 1,2012.

Bench rejects PRP Exports plea

http://ibnlive.in.com/news/bench-rejects-prp-exports-plea/239751-60-118.html

 

Express News Service

MADURAI: The Madurai Bench of the Madras High Court has dismissed a writ petition filed by PRP Exports, a leading granite company here, which challenged the notice issued by Madurai Electricity Distribution Circle directing them to pay penalty for excess energy consumed by his industrial unit.
The court also observed that the TNEB officials in the lower level had attempted to favour the petitioner’s unit by manipulating the quota.
P Suresh Kumar, partner of PRP Exports, contended that the unit never violated the quota fixed by the electricity board and that they consumed the energy that was only allowed under the demand quota. Hence the order seeking penalty should be set aside, he argued.
Justice K K Sasidharan, before whom the matter came up, observed that the officials in the lower level had attempted to favour the petitioner’s industry by manipulating the quota.
Stating that the electricity board was justified in directing the petitioner to pay the penalty for excess energy use, the Judge directed the petitioner to pay the entire arrears before approaching the electricity board for additional demand.

 

 

 

 

 

 

 

 

 

Court declines plea against Skycity

http://www.thehindu.com/news/cities/Kochi/article3001949.ece

 

A Division Bench of the Kerala High Court on Thursday declined to issue an order clarifying that the pendency of a writ petition challenging the Skycity project would not be a bar on the authorities concerned in considering the applications by Yashoram Infra Developers Private Limited for taking further steps for implementing the project.

The Bench comprising acting Chief Justice Manjula Chellur and Justice V. Chitambaresh declined a forceful plea made by the counsel for the company for a clarification order when a writ petition filed by the Indian Institute of Architects, Kochi chapter, was taken up for hearing.

The petition challenged the government order granting approval to the proposed Skycity project.

The counsel for the petitioner vehemently opposed the plea of the company. He contended that the proposed project came within the Coastal Regulation Zone – I, where construction activities had been prohibited.

However, in an affidavit, the company said that no reclamation of backwaters or wet land was needed for the project.

 

 

 

 

 

 

 

 

 

BUD-TRAINING 2 LAST

http://ibnlive.in.com/generalnewsfeed/news/budtraining-2-last/976131.html

 

PTI | 05:03 PM,Mar 16,2012

There has been an increase by Rs 7.98 crore to Rs 23.18 There has been an increase by Rs 7.98 crore to Rs 23.18 crore for 2012-13 towards the provision for establishment- related expenditure of Public Enterprises Selection Board and Central Information Commission. “This also includes provision for construction of office building of the Central Information Commission, dak digitization, setting up of video conferencing facilities, preparation of publicity material on RTI, setting up of call centre and establishment of wing for transparency and accountability studies for CIC,” according to the notes on Demand of Grants by the government. The Centre has given Rs 15.20 crore during 2011-12 to the Ministry to meet establishment-related expenditures for PESB and CIC. The government allocated Rs five crore for the next fiscal under the provision meant for reimbursement to state governments towards House Building Advances paid to All India Service Officers. During 2011-12, Rs 10 lakh were allocated as “Loans to States for House Building Advances to All India Service Officers”.

 

 

 

 

 

 

 

Two awarded life imprisonment in rape and murder case

http://ibnlive.in.com/generalnewsfeed/news/two-awarded-life-imprisonment-in-rape-and-murder-case/975932.html

 

PTI | 12:03 PM,Mar 16,2012

Srinagar, Mar 16 (PTI) Two persons have been sentenced to life by a sessions court here in connection with the rape and murder of a girl in 2005. Principal Sessions and District Judge, Srinagar, Kaneez Fatima yesterday awarded life sentence to Bashir Ahmad and Sameena. The main accused in the case, Zahoor Ahmad Wani, had committed suicide inside the jail during the trial. According to the prosecution, the girl, a resident of Khanyar locality in the city, was lured out of her house by her neighbour Sameena on the pretext of taking her to the market. As the victim — an orphan — did not return home and efforts of her relatives to trace her proved futile, a missing report was lodged in the local police station. Three days later, the body of the girl was fished out from Jhelum River in Sumbal area of Bandipora district. The post mortem report had concluded that the victim was raped before being murdered and later the body thrown in to the river.

 

 

 

 

 

 

 

 

 

 

 

Serial blast accused allowed to contest MCD polls

http://www.thehindu.com/news/cities/Delhi/article3001917.ece

 

A Sessions Court hearing the 2008 Delhi serial blasts case has allowed an application moved by one of the accused in the case seeking permission to contest the upcoming MCD polls to forward his nomination papers through the superintendent of Ahmedabad’s Sabarmati Jail where he is presently lodged.

Accused Zia-ur-Rehman, alleged to be a member of the Indian Mujahideen, is seeking to file his nomination for Ward Number 205 (Zakir Nagar) in the MCD polls.

“Applicant is permitted to file his nomination for elections of the MCD to the concerned returning officer through superintendent of jail, Sabarmati Jail, Ahmedabad,” Additional Sessions Judge Narinder Kumar said.

Advocate M. S. Khan representing Zia-ur-Rehman had submitted that his candidature was not disqualified under Section 9 of the Delhi Municipal Corporation Act. Mr. Khan also gave an undertaking that his client would not seek release from prison to visit the office of the returning officer for filing nomination papers.

Public Prosecutor Rajiv Mohan did not oppose Rehman’s prayer. Mr. Mohan submitted that the Election Commission permitted candidates confined in prison to make and subscribe their oath or affirmation in the prescribed form to the returning officer through the prison superintendent.

 

 

 

 

 

 

 

 

 

 

Four Adarsh accused given judicial custody by local court

http://www.thehindu.com/news/national/article3003757.ece

 

A local sessions court on Friday granted judicial custody to the former Congress MLC, Kanhaiyalal Gidwani, his son Vishal Gidwani, CBI counsel Mandar Goswami and a tax consultant J.K. Jagiasi in connection with the Adarsh Society land scam.

The anti-corruption branch of the Central Bureau of Investigation (CBI) had arrested the four persons in connection with the payment of an alleged bribe to dilute the Adarsh case.

The court observed that there was no reason to extend the police custody of the accused and granted them judicial custody till March 30. The accused have filed a joint bail application that will be heard on Saturday.

In its remand application, the CBI alleged that Mr. Jagiasi and K.L. Gidwani entered into a criminal conspiracy.

According to it, Mr. Gidwani paid a sum of Rs.1.25 crore to Mr. Jagiasi to influence CBI officials to show favours to them in the Adarsh case. CBI counsel sought extension of police custody stating that the accused were influential people and the agency needed more time to investigate the telephonic conversations and account diaries.

 

 

 

Court orders issuance of notices to ‘Lajja’ cast

http://timesofindia.indiatimes.com/city/kanpur/Court-orders-issuance-of-notices-to-Lajja-cast/articleshow/12300494.cms

 

TNN | Mar 17, 2012, 04.32AM IST

KANPUR: Additional District Judge-First (ADJ-First), Ramabai Nagar, on Friday ordered to issue notices to all actors and actresses of ‘Lajja’, a film based on Bhawanipur incident of Kanpur Dehat.

Rejecting the submission of complainant Ram Swarup’s counsel, presiding judge Rakesh Kumar observed that it would be judicious and justified to send notices to eight actors and director of the film, instead of issuing non-bailable warrant against them. Since the matter is almost a decade-old and counsel for defense had already pleaded that he had no contact with them since the last 10 or more years, the court would sent a notice intimating them about the next date of hearing as April 20. Moreover, the high court had also not directed to issue NBW against the accused.

The district court of Ramabai Nagar (then Kanpur Dehat), had issued notices to the complainant and defence counsels to appear before the court on March 15, and in compliance of that order, counsel for both parties had appeared in the court on Friday.

According to case file, Ram Swarup had filed a complaint on September 19, 2001, that the police had registered a false case under Sections 147/302/342/323 IPC against him and his family members in the gang rape and murder of Siya Dulari. The case is pending in the court.

Siya Dulari was gang-raped and burnt to death by enraged villagers in Bhawanipur in Kanpur Dehat as her son Surendra, belonging to Siya caste, had married a Yadav girl, Usha Yadav. The incident, according to Raj Kumar Santoshi, had inspired him to make a film, ‘Lajja’, which had been screened all over the country.

The complainant had filed case against Santoshi, actors Anil Kapoor, Jackey Shroff, Ajay Devgan, Rekha, Manisha Koirala, Madhuri Dixit and Mahima Chaudhary and claimed that all the seven had played role in that film.

Then Additional District and Sessions Judge (First) of Kanpur Dehat J P Agarwal had issued non-bailable warrants against Anil Kapoor, Jackie Shroff, Ajay Devgan, Rekha, Manisha Koirala, Madhuri Dikshit, Mahima Chaudhary and Santoshi in a criminal contempt case.

The judge had also directed the police commissioner, Mumbai, to serve warrants on the accused and return them by November 11, 2001, to the court. He had also directed the police commissioner to appoint a reliable officer to serve the warrants.

Ajay Devgan filed a petition before the high court under Section 482 CrPC and submitted that case against him and entire cast be dropped. The high court had restrained the lower court to try the suit till further order and since then hearing of the case was suspended. The case was listed at High court on October 25, 2010, under the heading of likely to be in fructuous. The court rejected the petition of Ajay Devgan and ordered to return the file to the trial court to restart the proceedings.

A Z Kaleem Jaycee earlier in the morning moved an application before the court that the matter was 11-year-old and in that period clients were not in contact with him. Moreover, they had not paid his counsel fee during the previous proceedings. Therefore, order of the high court be sent directly to the defending parties.

Complainant’s counsel had objected and urged that the case was stayed when the court had issued NBW against the accused. Since case was now once again started, the court should start its proceedings from previous one.

 

 

 

 

 

 

 

 

 

 

HC moved for making helmet rule optional

http://zeenews.india.com/news/tamil-nadu/hc-moved-for-making-helmet-rule-optional_764164.html

 

Last Updated: Friday, March 16, 2012, 16:56

Madurai: Claiming that wearing helmet caused various health problems, a PIL petition has been filed in the Madras High Court Bench here seeking a direction to police to make the helmet rule optional for two-wheeler riders.

The petition, filed by BSP state Executive Committee member Guruvijayan, alleged police were arbitrary in taking action against violators of the rule and sought a direction to the Madurai City and District police to make helmet wearing optional and not compulsory.

He said wearing helmet caused many health problems including headache, sinus and cough cold.

“Everyone is of the opinion that wearing helment should not be made mandatory and could be optional. In this context I made representation to the Home secretary and top police officers. But not concrete action has come forth.”

Justice A selvam and Justice K.Ravichandrababu ordered issue of notice and posted the petition for further hearing on April 24.

Government advocate Mohammed Mohaideen submitted that a Division Bench had already passed an order and the government had implemented the helme rule based on that order.

 

 

 

 

 

 

 

 

 

HC issues notices to Punjab on over-staffed corporations

http://www.indianexpress.com/news/hc-issues-notices-to-punjab-on-overstaffed-corporations/924698/

 

Express news service : Chandigarh, Sat Mar 17 2012, 03:50 hrs

The Punjab and Haryana High Court, on Friday, issued notices to Punjab and Punjab State Electricity Regulatory Commission on a PIL filed by Baljit Singh, a resident of Patiala.

The petitioner challenged the action of Punjab in approving the filling up of 2,251 posts (293 newly created posts and 1,958 revived posts) to be filled up by Punjab State Power Corporation Limited (PSPCL) and Punjab State Transmission Corporation Limited.

The petitioner also challenged the recruitment drive by PSPCL for filling up its share of 1,448 posts. The petition stated that the study conducted by Price Water House Coopers private limited reveals that both the companies were over-staffed.

 

 

 

 

 

 

 

 

 

 

 

Chief Justice Vikramajit Sen seeks info on banning ritual

http://timesofindia.indiatimes.com/city/bangalore/Chief-Justice-Vikramajit-Sen-seeks-info-on-banning-ritual/articleshow/12300414.cms

 

TNN | Mar 17, 2012, 04.19AM IST

BANGALORE: The high court on Friday adjourned the hearing on a PIL seeking a ban on the Made Made Snana ritual near the Subramanya shrine in Dakshina Kannada district. The division bench headed by Chief Justice Vikramajit Sen wanted to know whether there are any instances where the courts banned a religious practice. The next hearing is on Tuesday.

“Banning children from the ritual can be considered. But how can we ban others if they undertake it voluntarily? Is there any decision where the courts banned such practices?” the bench wanted to know from the counsel representing the petitioners.

The counsel described the practice as pernicious and against the spirit enunciated in the Constitution which speaks about imbibing the scientific spirit. They also said the practice is against human dignity. The counsel also said the saliva in the leftover food can cause various communicable diseases like tuberculosis and cholera to persons who roll on them. ‘Made Snana’ is a ritual in which people roll on plantain leaves off which Brahmins have had a meal.

 

 

 

 

 

 

 

 

SC to examine legality of n-liability Act

http://www.indianexpress.com/news/sc-to-examine-legality-of-nliability-act/924898/

 

Express news service : Sat Mar 17 2012, 04:08 hrs

 

Even as the SC agreed to examine if the UPA government’s Civil Liability for Nuclear Damage Act, 2010 is unconstitutional, it called fears about “possible” accidents at nuclear power plants alarmist.

While the court issued notice to the government on the question of constitutionality of the 2010 Act, the three-judge Bench led by Chief Justice of India S H Kapadia refused to go into safety aspects of nuclear plants, saying it does not have the expertise to adjudicate on a “highly scientific” issue. Advocate Prashant Bhushan represents two NGOs and several prominent citizens in a PIL to declare the Nuclear Liability Act unconstitutional and have the court direct the government to set up an expert, independent nuclear regulator to check the safety measures for nuclear plants.

Kulaste, Jaitley in BJP RS list

The BJP on Friday announced the names of 12 candidates for elections to the Rajya Sabha, including Leader of Opposition in the upper house Arun Jaitley from Gujarat, chief spokesperson Ravi Shankar Prasad from Bihar, Vinay Katiyar from Uttar Pradesh, Najma Heptullah from Madhya Pradesh and Jagat Prakash Nadda from Himachal Pradesh.

The list also had former MP Faggan Singh Kulaste, who was sent to jail earlier in the cash-for-votes scandal.

The other names announced include party general secretary Thawarchand Gehlot and Kaptan Singh Solanki from MP, Bhupinder Yadav from Rajashtan, Ajay Sancheti from Maharashtra and Dr Bhushan Lal Jhangde from Chhattisgarh.

 

 

 

 

 

 

 

 

 

 

 

SC-LD NUCLEAR 2

http://ibnlive.in.com/generalnewsfeed/news/scld-nuclear-2/976222.html

 

PTI | 07:03 PM,Mar 16,2012

Bhushan said there has not been nuclear safety audit by Bhushan said there has not been nuclear safety audit by the independent authority and even the assurance given by the Prime Minister has not been complied with in the Act. Besides seeking to declare the Act as “unconstitutional and void ab initio,” the PIL has sought direction to declare that in case of a nuclear accident, all nuclear operators and nuclear suppliers, would be jointly and severally, and absolutely liable for civil damages, and their financial liability would be unlimited. The petition said the Act was not passed because of any pressure from citizens, any mass demonstration for the need of a liability law nor did anybody feel the need to strengthen the nuclear safety regime. “Countries with whom India has signed nuclear deals like US, France and Russia have pressurized our government to purchase expensive nuclear reactors from suppliers based in their countries,” the PIL said adding that the process of drafting of the Bill was initiated by Indian corporate lobbyist organization FICCI. Further, the Act channels all the liability to the nuclear operator (which presently is the Government itself) and the victims are not allowed any recourse to sue the companies that supply nuclear reactors and other material. The Act under Section 6 also limits the liability of the operator to Rs 1,500 crore, which is quite low, and states that the remaining damage may be made good by the Government at the exchquer’s cost. The Act also excludes the liability of the operators in certain circumstances, the petition said. “Thus clearly the Act, by excluding the liability of the nuclear supplier, violates the principle of ‘polluter pays’, it said.

 

 

 

 

 

 

 

 

 

 

SC seeks Centre, States’ response on 1.7 lakh ‘missing’ kids

http://ibnlive.in.com/generalnewsfeed/news/sc-seeks-centre-states-response-on-17-lakh-missing-kids/976235.html

 

PTI | 07:03 PM,Mar 16,2012

New Delhi, Mar 16(PTI) Taking note of a PIL that over 1.7 lakh children have gone missing in the country between January 2008-2010, many apparently kidnapped for trafficking in flesh trade and child labour,the Supreme Court today sought response of the Centre, States, UTs and Attorney General on the issue. A bench of justices Altamas Kabir and S S Nijjar while issuing notices on the PIL filed by an NGO Bachpan Bachao Andolan sought replies within four weeks from the respective Governments. Senior counsel H S Phoolka, appearing for the NGO, urged the apex court to direct the Centre and States to formulate a national plan to tackle the menace and also to define the term ‘missing children’, which he said has so far not been defined in any statute. Quoting statistics including the NCRB (National Crime Research Bureau), he said, between January 2008 to January 2010, 1,17,480 children have gone missing in 392 districts in the country and out of these, 41,546 are still untraced. The NGO claimed that the number of missing children in India is almost 90,000 every year with more than 30,000 remaining untraced with West Bengal accounting for the largest number of cases, followed by Maharashtra, Karnataka and Madhya Pradesh. “One of the major issues with respect to tackling the issue of missing children in India is the fact that the term ‘Missing Children’ has not been defined in any statute in India. “Therefore the cases of missing children are not properly handled by the authorities and the fate of such children are completely dependent on the whims and fancies of the authorities,” the petition, filed through counsel Jagjit Singh Chhabra, stated.(MORE)

 

 

 

 

 

 

 

 

 

SC to examine legality of law on nuclear safety

http://zeenews.india.com/news/nation/sc-to-examine-legality-of-law-on-nuclear-safety_764209.html

 

Last Updated: Friday, March 16, 2012, 19:19

New Delhi: The controversial Civil Liability on Nuclear Damage Act on Friday came under judicial scrutiny with the Supreme Court giving its nod to examine the legality of the various provisions of the law on a PIL alleging infringement of fundamental right to life of citizens.

“Issue notice only to the vires of the Act,” a bench comprising Chief Justice S H Kapadia and justices A K Patnaik and Swatanter Kumar said while asking the Government to respond to the PIL challenging various provisions of the legislation contending that it did not cover the nuclear safety regime.

“We will examine the validity of the Act, vis-a-vis Article 21 (right to life) of the Constitution,” the bench said while making it clear that it will not venture into any other aspect as the issues raised in the petition about the nuclear plants are “very scientific” in nature and it “does not have the expertise to go into them”.

“The issue is highly scientific. We are not competent. This court doesn’t have the expertise to declare whether the nuclear reactor is harmful or not,” the bench said.

The PIL filed by the NGO, Common Cause and other public spirited persons, also questioned the provision in the Civil Liability on Nuclear Damage Act, 2010, which limits the liability of the supplier for the nuclear reactor to Rs 1,500 crore for any disaster.

Advocate Prashant Bhushan, appearing for the NGO, also raised the issue on the appointment of an independent regulatory body to oversee nuclear plants.

Attorney General G E Vahanvati defended the law saying it is for Parliament to look into the issue of safety aspect and appointment of regulator.

Bhushan said there has been largescale agitation against the setting up of new nuclear plants as there has been a feeling that Government was giving false assurance on the nuclear safety.

Bhushan said there has not been nuclear safety audit by the independent authority and even the assurance given by the Prime Minister has not been complied with in the Act.

Besides seeking to declare the Act as “unconstitutional and void ab initio,” the PIL has sought direction to declare that in case of a nuclear accident, all nuclear operators and nuclear suppliers, would be jointly and severally, and absolutely liable for civil damages, and their financial liability would be unlimited.

The petition said the Act was not passed because of any pressure from citizens, any mass demonstration for the need of a liability law nor did anybody feel the need to strengthen the nuclear safety regime.

“Countries with whom India has signed nuclear deals like US, France and Russia have pressurized our government to purchase expensive nuclear reactors from suppliers based in their countries,” the PIL said adding that the process of drafting of the Bill was initiated by Indian corporate lobbyist organization FICCI.

Further, the Act channels all the liability to the nuclear operator (which presently is the Government itself) and the victims are not allowed any recourse to sue the companies that supply nuclear reactors and other material.

The Act under Section 6 also limits the liability of the operator to Rs 1,500 crore, which is quite low, and states that the remaining damage may be made good by the Government at the exchquer’s cost. The Act also excludes the liability of the operators in certain circumstances, the petition said.

“Thus clearly the Act, by excluding the liability of the nuclear supplier, violates the principle of ‘polluter pays’, it said.

 

 

 

 

 

 

 

 

SC declines to stay CBI probe against VS

http://ibnlive.in.com/news/sc-declines-to-stay-cbi-probe-against-vs/239761-60-116.html

 

Express News Service

NEWDELHI: The Supreme Court on Thursday disposed of a special leave petition, seeking a stay on the probe against V S Achuthanandan in a case related to the handing over of the State Data Centre to Reliance Communications in 2009.
A Bench, comprising Justice H L Dattu and Justice Anil R Dave, dismissed the petition filed by T Gopinathan Nandakumar as Senior Counsel P S Narasimha argued that the court is being used as a platform to settle political scores.
However, Advocate-on-record in the case B K Devesh said that they would file a review petition in the High Court. The UDF Chief Whip P C George had filed a Public Interest Litigation (PIL) in the Kerala High Court alleging that rules were openly flouted in the award of the contract. He had also come up with certain documents against the petitioner Nandakumar, who was also alleged to be involved in the handover. The High Court had disposed of the matter after the Advocate General (AG), on the second day of the hearing, said that the government had decided to refer the matter to the CBI.
Narasimha submitted that the high court had passed an ex parte order and had merely recorded the statement of the State Advocate General that a decision had been taken to entrust the matter to the CBI.
He said the high court had recorded the AG’s statement and disposed of the writ petition filed by P C George, stating that nothing remained for consideration.
Citing a Constitution Bench decision, he added that there must be prima facie materials for the court to come to the conclusion to order a CBI probe, but here there were no materials before the court.

 

 

 

 

 

 

 

 

 

 

 

Hold UT civic polls in 6 months

http://ibnlive.in.com/news/hold-ut-civic-polls-in-6-months/239757-60-118.html

 

Express News Service

CHENNAI: The Madras High Court has directed the Election Commissioner to hold elections to the local bodies in Puducherry within six months.

The entire process should be completed within a period of six months from March 14, the first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said on Thursday.

The direction followed a submission from the Puducherry Government Pleader T Murugesan that by a notification dated March 14 this year, the Election Commissioner had been appointed.

The polls would be conducted and the results declared within six months from the date of the notification, he added.

In view of the undertaking given by the GP, the bench gave the direction and disposed of a PIL from V Perumal, secretary of the Puducherry unit of the Communist Party of India (Marxist).

Petitioner contended that the election to the local body was overdue from 1968. He filed a writ petition and the first bench on August 22 last year disposed of the same with a direction to the Puduchery and other authorities to immediately initiate the process of conducting the election and declare the result as quickly as possible, latest by six months.

 

 

 

 

 

 

 

 

Speed governors in school buses by May

http://www.indianexpress.com/news/speed-governors-in-school-buses-by-may/924780/0

 

NEERAD PANDHARIPANDE : Mumbai, Sat Mar 17 2012, 02:04 hrs

 

In what could be an important step towards increasing safety of school buses across the state, the Maharashtra government has made it mandatory for school buses to instal speed governors by May this year.

The regulations have been put into place through an official notification, which was passed on March 13. The notification was placed before a division Bench of Justice D D Sinha and Justice V K Tahilramani of the Bombay High Court on Friday.

According to the notification, school buses, which are registered after May 1 will have to mandatorily instal the devices. In case of buses, which are registered on or before April 30, the instalation will have to be done at the time of the renewal of its fitness certificate, and in any case before September 1 this year.

Assistant government pleader Nitin Deshpande said, “Considering the urgency of the situation, and the safety of young children, it was decided to give priority to putting into place the stipulation for at least school buses.”

The notification has also made it compulsory for heavy vehicles and tankers and dumpers to instal speed governors. New registrations of tankers and dumpers will have to comply with the regulations starting from July 1 this year.

However, at present the rule has not been extended to private vehicles, auto-rickshaws.

A PIL filed by an NGO named Suraksha foundation, had demanded prompt action on the issue.

In the previous hearing on January 11, lawyer for the petitioners Anil Sakhare pointed out that numerous other states including Andhra Pradesh, Karnataka, Punjab and Haryana have issued notifications to this effect and have begun implementing the rules.

The matter has now been adjourned till March 19.

 

 

 

 

 

 

 

 

 

 

APIIC-Emaar township case: Bail for IAS officer

http://zeenews.india.com/news/andhra-pradesh/apiic-emaar-township-case-bail-for-ias-officer_764151.html

 

Last Updated: Friday, March 16, 2012, 15:01

Hyderabad: The special CBI court on Friday granted bail to suspended IAS officer B P Acharya in the APIIC-Emaar township case, as the Centre has not yet sanctioned his prosecution.

Acharya, a former home secretary of Andhra Pradesh, and Tirumala Tirupati Devasthanam (TTD) Executive Officer LV Subramanyam, are chargesheeted alongwith 10 others in the Emaar case. But prosecution of both these IAS officers has not been sanctioned yet, so court today granted Acharya bail on a personal bond of Rs 25,000 and two sureties of same amount.

Barring these two, court today took cognisance of the CBI’s chargesheet against the ten accused (which includes private companies) under Indian Penal Code sections relating to criminal conspiracy, cheating, etc; and also under the Prevention of Corruption Act.

Judge B Nagamaruti Sarma had earlier asked CBI to point out how the court can keep a public servant in judicial custody without a sanction for prosecution from the Centre.

The court had also declined to pass any order on a CBI application, seeking a court direction to the Centre to expedite the decision on sanction.

Acharya, arrested on January 31, was vice-chairman and managing director of AP Industrial Infrastructure Corporation (APIIC) in 2005-10. Subramanyam (not yet arrested) was vice-chairman and Managing Director of APIIC when the township project was conceived during the Telugu Desam rule.

The main allegation against the project developers Emaar is that it sold villas at high prices, after undervaluing the land rates for the government record, causing a loss to exchequer.

 

 

 

 

 

 

 

 

 

 

Shehla case: Polygraph test to be done on Irfan

http://zeenews.india.com/news/madhya-pradesh/shehla-case-polygraph-test-to-be-done-on-irfan_764253.html

 

Last Updated: Friday, March 16, 2012, 22:16

Indore: A special court hearing the RTI activist Shehla Masood murder case on Friday extended the police custody of alleged contract killer Irfan till March 22 and also granted CBI the permission to conduct a lie detection test on him.

Irfan was produced in the special CBI court of judicial magistrate Dr Subhra Singh which extended his police custody till March 22, senior public prosecutor Hemant Shukla told reporters.

“It is up to the investigators (CBI) to decide when will he be subjected to polygraph test,” he said. Uttar Pradesh police had handed over Irfan’s custody to CBI on March 9 which then formally arrested him under section 302 (murder) and 120-B (criminal conspiracy) of the Indian Penal Code.

Irfan, who is the fourth accused in the murder case of the 32-year-old activist, was arrested by Uttar Pradesh police from Talaq Mahal locality in Kanpur on February 27.

Besides him, Bhopal-based architect Zahida Pervez, her assistant Saba Farooqui and alleged contract killer Shakib ‘Danger’ are the three other accused in the case.

The court also allowed CBI to bring and seize Irfan’s cloths from Kanpur jail, Shukla said.

On March 14, main accused Zahida Pervez had recorded her statement in the closed-door hearing before the special CBI court under section 164 of CrPC, while the co-accused Saba Farooqui refused undergoing it. The duo had also refused taking the polygraph test even though they had agreed for it earlier.

Another accused Shaikb ‘Danger’ who is currently in judicial custody at Indore Central Jail, had agreed to make his statement after ten days in the CBI special court.

Saba and Shaikb were remanded in judicial custody till March 13.

Shehla was shot dead outside her residence at posh Koh-e-Fiza locality in Bhopal on August 16, 2011.

 

 

 

SC sets up special bench to deal with 2G cases

http://www.thehindu.com/news/national/article3002845.ece

 

A special two-judge bench was on Friday constituted by Chief Justice S.H. Kapadia for hearing all cases arising out of 2G spectrum allocation scam.

In view of a large number of petitions and applications being filed in the apex court by the Centre, telecom companies and others after it passed the order cancelling 122 telecom licences, Justice Kapadia constituted the bench comprising justices G.S. Singhvi and A.K. Patnaik.

“There is a direction that all 2G matters be taken up by a special bench comprising me and Justice A K Patnaik,” Justice Singhvi said while hearing an appeal filed by Janata Party president Subramanium Swamy challenging the trial court’s order giving clean chit to Home Minister P. Chidambaram in the scam.

He directed the Supreme Court registry to take instruction from the CJI so that Mr. Swamy’s case could be heard by the special bench.

The bench was constituted as Justice A.K. Ganguly, who had passed the orders in the scam along with Justice Singhvi, has retired.

The bench had passed a slew of judgements in the scam including the order cancelling the 122 2G spectrum licences granted by former Telecom Minister A Raja and held that first-come-first-served (FCFS) policy could not be used for allocation of natural resources.

It had also pulled up the PMO for sitting on the complaint filed against Mr. Raja

 

 

 

 

 

 

 

Supreme Court to examine validity of nuclear liability law

http://timesofindia.indiatimes.com/india/Supreme-Court-to-examine-validity-of-nuclear-liability-law/articleshow/12301070.cms

 

Dhananjay Mahapatra, TNN | Mar 17, 2012, 06.04AM IST

NEW DELHI: The Supreme Court on Friday agreed to examine the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010 and admitted a PIL, which accused the UPA government of succumbing to foreign pressure to limit compensation obligation of nuclear reactor operators to a meagre Rs 1,500 crore when leakage or accident could prove catastrophic for a huge population.

A bench of Chief Justice S H Kapadia and Justices A K Patnaik and Swatanter Kumar, however, refused to go into the other part of the PIL demanding a transparent safety audit of existing nuclear reactors and setting up of an independent regulator to recommend safety measures.

“We are not experts and have scientific limitations to adjudicate highly technical issue like reactor safety. But since the Civil Liability of Nuclear Damage Act has a link to right to life, we will examine the validity of the law,” the bench said.

Advocate Prashant Bhushan, appearing for NGO ‘Common Cause’, strived to convince the bench about the importance of independent safety audit of nuclear reactors. “Only three safety audits have been carried out so far and no one knows what happened to the 95 safety recommendations,” he said.

“Fukushima disaster forced Japan to close down all its nuclear reactors despite these contributing 30% of power. That is because the Japanese government respected the citizens’ serious concern about safety of nuclear power plants. This again is the reason behind the ongoing agitation against a nuclear power plant in India,” he added.

The bench said, “For the government to listen, there has to be agitation. There is no doubt about it. But we have our Constitution which provides for separation of power. We understand your concern. But this is something the government is required to do. The courts cannot intervene in everything. Moreover, there is a bill for setting up of nuclear regulator pending in Parliament. Who can say at the end of the debate, the mechanism adopted by legislature would not make it a very independent body.”

Bhushan said for last 17 years, there had not been any independent safety audit of nuclear reactors and now the Centre has proposed a regulating body which on paper appeared to be “completely subservient to the government”.

Attorney general G E Vahanvati opposed Bhushan’s remarks on the independence of the proposed regulator. He said, “The proposed body is most independent. In the US, the president can remove members of the regulator at his whims and fancy. In India, we have put a clause that they can be removed only on misconduct count.”

The petition, filed through advocate Pranav Sachdeva, said the Act by limiting liability on nuclear reactor operators to Rs 1,500 crore had breached the “polluter pays” principle laid down by the apex court and did not protect the right of the citizen to a clean, healthy and safe environment.

 Supreme Court notice to Centre and states on missing children

http://timesofindia.indiatimes.com/india/Supreme-Court-notice-to-Centre-and-states-on-missing-children/articleshow/12301055.cms

 

TNN | Mar 17, 2012, 06.02AM IST

NEW DELHI: The Supreme Court on Friday issued notices to the Centre and state governments on a PIL for setting up of an advanced scientific mechanism to investigate and recover missing children, with over 1.17 lakh reported missing in the last two years.

“In India, in the period of January 2008 to January 2010, over 1.17 lakh children have gone missing in 392 districts in India. Out of them, 41,546 are still untraced,” said senior advocate H S Phoolka appearing for NGO petitioner ‘Bachpan Bachao Andolan’.
the governments asking for their response within four weeks but appreciated the
A bench of Justices Altamas Kabir and S S Nijjar issued notices to efforts of police in recovering a majority of the missing children.

The petitioner said, “The instances of missing children are highest in Maharashtra followed by West Bengal, Delhi and Madhya Pradesh. The number of untraced missing children is highest in West Bengal followed by Maharashtra, Karnataka and Madhya Pradesh.”

The petitioner sought a direction to the Union government to formulate a National Action Plan on the issue of missing children which should include investigation, recovery, counseling and a standard operating procedures (SOP) for law enforcing agencies on coordinating their efforts. It said on the efforts of Delhi High Court, the police had made operational some SOPs.

 

 

 

 

 

 

 

 

US court to hear 1984 anti-Sikh riots case on March 29 as Congress hires US law firm to defend itself

http://articles.timesofindia.indiatimes.com/2012-03-16/india/31200563_1_kamal-nath-sikh-individuals-gurpatwant-singh-pannun

 

I P Singh, TNN Mar 16, 2012, 10.49AM IST

JALANDHAR: A US federal court has granted Congress an extension of 2 weeks to respond to the motion for “Default Judgment” filed by Sikhs for Justice (SFJ) for its (Congress’) failure to defend the charges of conspiring, aiding, abetting, organizing and carrying out attacks on Sikh population of India in November 1984.

Judge Robert W Sweet of the US federal court was scheduled to hear the plaintiff’s motion for entry of “Default Judgment” on March 15 but on March 13 attorney Thomas E Lynch, on behalf of the Congress, wrote a letter to Judge Sweet requesting an adjournment of the hearing on plaintiff’s motion for a judgment by default so as to allow him time to review the relevant facts and to prepare a response to the plaintiff’s motion.

“Jones Day”, a law firm with expertise in defending organizations accused of human rights violations has been retained by Congress to defend it against the pending charges of genocidal attacks on the Sikhs in November 1984.

SFJ legal advisor Gurpatwant Singh Pannun told that on March 2011, when US federal court issued summons against Congress, it retained “Wiggin and Dana LLP” a New York based law firm, which also asked for an extension to respond to Summons but later the law firm withdrew its representation of Congress (I) stating that they were not hired by authorized officials of Congress.

The US federal court will now hear plaintiff’s motion for a judgment by default against Congress on March 29, Pannun told TOI. The plaintiff’s are demanding that a judgment by default be entered against the defendant Congress and that an evidentiary hearing be scheduled in order to determine the amount of compensatory and punitive damages to be awarded to the plaintiffs.

A class action suit was filed against Congress and union minister Kamal Nath by “Sikhs For Justice” (SFJ) a US based human rights group along with several Sikh individuals who survived attacks on November 1984 under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA). The complaint, which was amended on March 2011, sought damages over the genocidal attacks against Sikhs that were carried out throughout India in November 1984 after the assassination of Prime Minister Indira Gandhi.

However, on March 7 Judge Sweet ruled that plaintiffs must refile claims against Nath. According to the decision of the Judge SFJ failed to properly serve the politician, Kamal Nath, when it filed suit on April 2010. While SFJ had claimed that summons were served on Nath when he was outside the Indian Consulate in US on April 6, 2010 but Nath had countered that he was not served and that no one witnessed him being approached or handed over anything.

 

 

 

CAT reserves order on Rahul Sharmas petition

http://www.dnaindia.com/india/report_cat-reserves-order-on-rahul-sharmas-petition_1663149

 

Published: Friday, Mar 16, 2012, 14:25 IST
By DNA Correspondent | Place: Ahmedabad | Agency: DNA

A bench of Central Administrative Tribunal (CAT) comprising Ashok Kumar and Chameli Majmudar on Thursday reserved order on a petition filed by IPS officer Rahul Sharma challenging the charge sheet issued against him by the state government in connection with the CDs containing phone call records of the 2002 communal riots period.

With this, the bench extended Sharma’s deadline to file a reply to the government’s charge sheet till the outcome of his petition. The bench reserved the order following completion of verbal arguments from Sharma and the state government. However, it also asked both the sides to submit their final written arguments by March 20.

Sharma, who had filed the plea last year, had submitted that he was victimised for deposing before the Nanavati Commission, probing the 2002 riot cases, and submittingCDs which became instrumental in nailing some accused in the riot cases. He submitted that the state government could not act against him as he enjoyed immunity under the Commission of Inquiries Act.
The state government had denied Sharma’s contention and described his petition aspremature. It further claimed that there was no connection between the charge sheet against Sharma and his deposition before the riots panel.

On Thursday, Bhaskar Tanna and Mahrooq Kerravala, counsels for the state government,argued that there were contradictions in Sharma’s statements before the commission with regards to CDs, which they wanted to inquire.

Tanna pointed out from the two statements of Sharma before the Nanavati Commission that, at one point the IPS officer had said that the CDs submitted by him were not original one but a copy; while to another question, he had said that the master copy of the CD was still with him.

Sharma has appeared before the commission twice, first in 2002 in the capacity of police chief of Bhavnagar district, and then in 2004 when he submitted the CDs containing telephone call records.

The counsels further submitted that, at that point of time, the Nanavati Commission hadalso conceived a view that that there needs to be an independent inquiry with regards to the CDs, which is what the state government had initiated by issuing notice to Sharma.

The IPS officer was charged for not submitting the original CDs to the respective investigating officers of riot cases or his supervisory officers or not depositing it as case property when he was transferred from the post.

In his petition challenging the charge sheet, Sharma has said that he had sent the CDs in question through a police messenger of the then Joint Police Commissioner (crime) PP Pande, after which the CDs became untraceable. The original CDs are now not traceable and only copies of it are available.

 

 

 

 

 

 

HC posts marines plea to March 19

http://ibnlive.in.com/news/hc-posts-marines-plea-to-march-19/239772-60-116.html

 

Express News Service

KOCHI: The Kerala High Court on Friday adjourned the hearing on the petition filed by two Italian marines seeking to quash the FIR registered against them to March 19.
Appearing for the state, Advocate-General K P Dandapani submitted that the government had absolute jurisdiction to register the case under various laws, including the Suppression of Unlawful Act of Violence against the Safety of Maritime Navigation and Fixed Platforms on Continued Shelf Act 2001.
However, counsel for Italy pointed out that the action under the SUA could be taken only against terrorists or pirates.
Italy’s counsel also argued that even under the Act, the state government had no jurisdiction to lodge an FIR. In fact, the Central Government had been empowered to register any case and to investigate under the Act.
The AG submitted that during the course of investigation, the offence under the SUA would be incorporated in the FIR. In fact, the investigation is still on, the AG said.

 

 

 

 

 

 

 

 

HC reserves orders on Reddy plea

http://ibnlive.in.com/news/hc-reserves-orders-on-reddy-plea/239682-60-115.html

 

Express News Service

BANGALORE: The High Court on Thursday reserved its orders on the criminal petition filed by former minister G Janardhana Reddy, challenging the CBI court remanding him in police custody. CBI had filed an objection following the petition. Hearing the case, Justice N Anand reserved for orders.
Reddy appeared before the CBI court here on March 2 in connection with the case and was remanded in CBI custody till March 12. His personal assistant Ali Khan, who is also one of the accused in the case, was also remanded in CBI custody till March 12. Their custody was extend till March 16 by the CBI court.
Reddy was brought here from Chanchalguda Prison where he has been lodged along with his brother-in-law B V Srinivas Reddy since September 5 after his arrest by CBI in illegal mining case by Obulapuram Mining Company (OMC). The CBI had chargesheeted the Reddys in the OMC case accusing them of hatching a conspiracy.

 

 

 

 

 

 

 

 

HC-SMOKING 2 LAST

http://ibnlive.in.com/generalnewsfeed/news/hcsmoking-2-last/976232.html

 

PTI | 07:03 PM,Mar 16,2012

The Cigarettes and other Tobacco Products (Prohibition of The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011 had come into effect on November 14 last year. The petitioner also said the object of the Act is to prohibit the advertisement of cigarette and other tobacco products and “the said Act and Rules making power conferred thereunder have no application in the field of production and distribution of cinema and television programme which is covered and governed by the Cinematography Act and rules framed thereunder.” Bhatt sought quashing of the notification saying any display of cigarette in movies and television programmes was not an advertisement. “It is not a provision of the Act that there should not be any display or depiction of tobacco products or their use in any cinema or television programme,” the petition said. PTI AHA PNM SJK HMP

 

 

 

 

 

 

 

 

HC orders part demolition of Mutt to save temple

http://ibnlive.in.com/news/hc-orders-part-demolition-of-mutt-to-save-temple/239729-60-117.html

 

Express News Service

CUTTACK: The Orissa High Court on Thursday ordered demolition of Chhauni Mutt to the extent required for easing pressure on ‘Meghnad Pacheri’ and ‘Singhadwar’ of Jagannath Temple at Puri to facilitate repair of both. A division bench of Justices PK Mohanty and I Mohanty directed the ASI to carry out the eviction within three months.
The portion of the Mutt that is exerting pressure on the boundary wall and the stretch that is impeding repair works on the Lions Gate will have to be removed. The mutt building should be separated from the boundary wall and the entrance gate structure, the court ruled.
The judges on Tuesday had carried out an on-the-spot inspection of the wall and the Singhadwar along with the positioning of the structure to determine if the Mutt was threatening the structures.
They had earlier directed the Endowments Commissioner to study the impact of two Mutts — Chhauni and Badachhata — along the boundary wall and the main entrance gate of the temple with assistance of Chief Architect, Odisha, and Superintending Archaeologist of ASI, Bhubaneswar Circle.
The team had visited the site on March 10 and submitted their report in a sealed cover on March 13.
The court’s direction for inspection came in response to petitions challenging the order of ASI for demolition of the two mutts located along the northern and southern side of the boundary wall.
The mutt buildings, according to ASI, which is carrying out preservation, repair and maintenance works on the temple, were threatening the wall and the Lions Gate.
Repair works on the Lions Gate, which has developed cracks, could not be undertaken due to the encroachment by the mutts, the ASI had stated. The statutory expert committee monitoring the ongoing repair and conservation work by ASI, in its report in 2010, had also recommended demolition of both the buildings.
The district magistrate had also issued notices to the mutts to dismantle the building structures.

 

 

 

 

 

 

 

HC moved for making helmet rule optional

http://ibnlive.in.com/generalnewsfeed/news/hc-moved-for-making-helmet-rule-optional/976076.html

 

PTI | 04:03 PM,Mar 16,2012

Madurai, Mar 16 (PTI) Claiming that wearing helmet caused various health problems, a PIL petition has been filed in the Madras High Court Bench here seeking a direction to police to make the helmet rule optional for two-wheeler riders. The petition, filed by BSP state Executive Committee member Guruvijayan, alleged police were arbitrary in taking action against violators of the rule and sought a direction to the Madurai City and District police to make helmet wearing optional and not compulsory. He said wearing helmet caused many health problems including headache, sinus and cough cold. “Everyone is of the opinion that wearing helment should not be made mandatory and could be optional. In this context I made representation to the Home secretary and top police officers. But not concrete action has come forth.” Justice A selvam and Justice K.Ravichandrababu ordered issue of notice and posted the petition for further hearing on April 24. Government advocate Mohammed Mohaideen submitted that a Division Bench had already passed an order and the government had implemented the helme rule based on that order.

 

 

 

 

 

 

 

 

 

 

HC-KATARA 2 LST

http://ibnlive.in.com/generalnewsfeed/news/hckatara-2-lst/976244.html

 

PTI | 07:03 PM,Mar 16,2012

Coming down heavily on jail authorities for allowing Coming down heavily on jail authorities for allowing Vishal to visit Batra Hospital under the garb of a previous order of the high court, the court earlier had said the convict’s numerous visits to hospital was unwarranted. According to Tihar jail, Vishal had remained hospitalised at Batra hospital for nearly three-and-half months for his TB treatment. The court passed the order on victim Nitish Katara’s mother Neelam Katara’s petition, allegeing on the basis of information received from Tihar Jail under the RTI Act that Vishal had visited hospitals 87 times, misusing his financial and political clout. In 2008, a trial court has awarded life imprisonment to Vikas and Vishal and also similar punishment to third accused Sukhdev Pehalwan who was tried separately as he had absconded during the trial of Yadavs in the case. While the convicts had moved the high court seeking reversal of the trial court’s findings, police and Neelam Katara have filed appeals for award of death penalty, saying that the offence was of the “rarest of rare” category. Nitish Katara, a business executive, was abducted from a marriage party at Ghaziabad on the intervening night of February 16-17, 2002 and was later killed for his alleged intimacy with Vikas’ sister Bharti.

 

 

 

 

 

 

 

 

HC asks jail authorities to arrange for med exam of Nigerians

http://ibnlive.in.com/generalnewsfeed/news/hc-asks-jail-authorities-to-arrange-for-med-exam-of-nigerians/976310.html

 

PTI | 09:03 PM,Mar 16,2012

Chennai, Mar 16 (PTI) The Madras High Court today directed the Puzhal Central Prison authorities here to arrange for medical examination of three under-trial Nigerians, who were allegedly assaulted by warders on March 14, by a team of government doctors tomorrow. A Division Bench comprising Justices K Mohn Ram and G M Akbar Ali directed the Resident Medical Officer of a city government hospital to provide treatment to them and submit a report to the court. The Bench, in an order on a Habeas Corpus Petition filed by an advocate and Director of Prisoners Rights Forum P Pugalenthi, also directed the prison authorities to file a report on March 20. The HCP sought a direction to the jail officials to produce the under-trials Cyril (41), Dickson (29) and Michael (36) before the court and to provide them proper medical treatment. The petitioner also sought a direction to the jail officials to initiate appropriate disciplinary and criminal action against the warders, who had allegedly assaulted them. The advocate said that he had visited the prison on March 14 after knowing about the assault on the Nigerians. Pugalenthi said that he had met the three under-trials and was told about 20 warders had assaulted them. They showed him the injuries allegedly inflicted on them by the warders and said they had been placed in solitary confinement. He said he had sent a representation the same day to the Jail Superintendent and the Tamil nadu Additional Director General of Prisons.

 

 

 

 

 

 

 

HC refuses to stay Centre’s ban on smoking scenes in movies

http://www.dnaindia.com/india/report_hc-refuses-to-stay-centre-s-ban-on-smoking-scenes-in-movies_1663357

 

Published: Friday, Mar 16, 2012, 19:30 IST | Updated: Friday, Mar 16, 2012, 19:32 IST
Place: New Delhi | Agency: PTI

Bollywood director and producer Mahesh Bhatt on Friday failed to get any interim relief from the Delhi High Court on his plea seeking to revoke the Centre’s notification prohibiting smoking scenes in movies on the ground they are akin to advertisement of the social evil.

The court, which did not stay the notification, however, issued a notice to the Ministry of Health and Family Welfare and sought its response on Bhatt’s petition.

A bench of justices Sanjay Kishan Kaul and Rajiv Shakdher has now listed the matter for further hearing on July 11.

Bhatt has challenged the ministry’s notification, dated September 27, 2011, saying such prohibition was “illegal and arbitrary”.

Bhatt has sought quashing of the notification on the ground that it was violative of the fundamental rights of the citizen.

“Petitioner is deeply aggrieved by the 2011 amendment as they are not only violation of the freedom of speech and expression but also against the right to carry out profession, trade and business,” Bhatt said in his plea.

The noted filmmaker added the notification is liable to be declared “null and void” on the sole ground of being “arbitrary and unreasonable”.

The petitioner said the rule-making power should be exercised within the jurisdiction of the statute and rules cannot be made beyond the mandate.

“Rules made in exercise of the rule-making power conferred by a particular statute have necessarily to be within the four corner of that statute. The rules cannot make provisions beyond the circumference of the Act,” the petition said.

Bhatt said Rules were null and void as they are without any jurisdiction and beyond the rule-making power of the Central government.

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011 had come into effect on November 14 last year.

The petitioner also said the object of the Act is to prohibit the advertisement of cigarette and other tobacco products and “the said Act and Rules making power conferred thereunder have no application in the field of production and distribution of cinema and television programme which is covered and governed by the Cinematography Act and rules framed thereunder.”

Bhatt sought quashing of the notification saying any display of cigarette in movies and television programmes was not an advertisement.

“It is not a provision of the Act that there should not be any display or depiction of tobacco products or their use in any cinema or television programme,” the petition said.

 

 

 

 

 

 

 

 

HC asks SEBI to reconsider MCX-SX application in a month

http://zeenews.india.com/business/finance/hc-asks-sebi-to-reconsider-mcx-sx-application-in-a-month_43858.html

 

 

Last Updated: Wednesday, March 14, 2012, 18:26

The regulator had also cited violation of the Mimps rules (Manner of increasing and maintaining public shareholding in recognised stock exchanges), which mandates promoters to hold only 5 percent stake.

“During the proceedings before SEBI and the High Court, undertakings have been filed by MCX promoters to the effect that the provisions of Mimps regulations, including the ceiling on the holding of the shares would be complied with,” said the court, while setting aside its previous order that had asked the warring parties to amicably sort out the issues.

Observing that stock exchanges are integral part of the statutory framework which SEBI regulates in relation to the securities markets, the court said, “the relationship between a stock exchange and SEBI is one based on trust and utmost faith. The company is duty bound to make full and honest disclosure of all material facts.

“The effect of the non-disclosure of the buyback agreements to the SEBI should be considered having regard to the fact that a genuine attempt has been made by the promoters by tendering an undertaking that their shareholding together will not exceed 5 percent of the equity capital,” the bench, consisting of justices DY Chandrachud and Anoop V Mohta, said.

The court said, “the findings arrived at in the September 23, 2010 order of SEBI are contrary to law since they ignored the relevant legal tests which have been laid down by the Supreme Court.”

While rejecting the MCX-SX application on September 23, 2010, the SEBI had observed: “Concentration of economic interest in a recognised stock exchange in the hands of two promoters is not in the interest of a well-regulated securities market”.

“The applicant is not fully compliant with the Mimps regulations as substitution of shares by warrants is an attempt to work around the requirements of the rules.”

The regulator SEBI could not be reached immediately for its comments.

“The SEBI was, is and will always remain a respected regulator. The MCX-SX stance was not against regulatory institution, but was for principles. We stand vindicated and always have full faith in the judiciary system. We remain committed to growth and development of the country’s financial markets,” MCX-SX spokesperson said after the order.

The Sebi-MCX-SX tussle dates back to July 16, 2010, when MCX-SX filed a writ petition in the Bombay HC seeking its direction to Sebi to respond to its application.

In August 2008, MCX got an in-principal SEBI approval for setting up MCX Stock Exchange, under section 4 of SCRA 1956, for one-year, provided it complied with the provisions of SCRA Mimps norms within a year. Following this, MCX-SX in October 2008 began operations in currency derivatives (CD).

 

 

 

 

 

 

HC allows Pak scholar to deliver second speech

http://www.indianexpress.com/news/HC-allows-Pak-scholar-to-deliver–second-speech/924787/

 

Express news service : Mumbai, Sat Mar 17 2012, 02:09 hrs
The High Court on Friday permitted Pakistani scholar Tahirul Qadri to deliver his second speech in the city on Saturday.

The order came after public prosecutor Pandurang Pol told the court that the first speech, on Thursday, had been organised peacefully and no untoward incident had taken place. The court also asked city organisation, Raza Academy — which opposed his visit — to ensure protests against his arrival are peaceful. The academy had moved HC with concerns that Qadri may deliver anti- India speeches, and make provocative statements on sensitive issues such as Kashmir. The organisers also gave a copy of his speech on Thursday to the court, along with recordings of the event.

 

 

 

 

 

 

 

HC: Jail staff ‘connived’ with inmates

http://www.indianexpress.com/news/HC–Jail-staff—connived–with-inmates/924699/

 

Express news service : Chandigarh, Sat Mar 17 2012, 03:52 hrs

 

Slamming the staff of Sonepat jail for “conniving” with the inmates who recently escaped from the jail by scaling the wall with a rope and cutting iron rods, the Punjab and Haryana High Court on Friday called for the action taken report against the entire staff in the Sonepat jailbreak case.

Justice Ranjit Singh passed the directions during the resumed hearing of a bail petition filed by jail warders Amir Chand and Suresh Kumar. A case was registered against them on January 18.

Singh observed: “This is a serious case, where some convicts and under trails were able to escape by scaling the wall with the help of a rope and by cutting iron rods. This could not have happened but for the connivance on the part of some jail staff. Even the superintendent may have to explain these serious happenings in the jail. The weapons for cutting the iron rods could not have reached the jail premises without being detected if the proper checks had been carried out.” The court also asked the state government to “ascertain what action has been taken against the jail staff”. In their petitions, jail warders had submitted that it was difficult to regularly keep track of 60 acres in the absence of adequate staff.

 

 

 

 

 

 

 

 

 

HC directs ASI to clear Hampi encroachments

http://ibnlive.in.com/news/hc-directs-asi-to-clear-hampi-encroachments/239957-60-115.html

 

Express News Service

BANGALORE: The High Court on Friday directed the Archaeological Survey of India to take action under the Ancient Monuments and Archaeological Sites and Remains Act 1958, for removal of encroachments on 236 mantapas on Ratha Beedhi in Hampi. Hearing a batch of PILs, a Division Bench of Chief Justice Vikramajit Sen and Justice B V Nagarathna directed the ASI to remove Hampi encroachments.

HC Notices to RBI, State Govt: The HC on Friday issued notices to the RBI Governor and the state government on a petition, filed by one D M Suresh Babu, alleging that Manappuram Finance Ltd and Muthoot Finance were committing offences with regard to ‘lending rates’ and gold loans.He also stated that he had informed the authorities about these activities, but no action was taken.

Objections Sought in Made Snana Case: The HC on Friday directed the state government to file its objections in connection with a PIL petition seeking direction to stop Made Snana ritual at Kukke Subramanya Temple. Petitioners, Veerabhadra Channamalla Swamiji of Nidumamidi Mutt and four other swamijis, stated that the ‘inhuman’ ritual should be banned. A Division Bench headed by Chief Justice Vikramajit Sen directed the state and the district administration to file objections, and adjourned the matter for two weeks.

Order Reserved : The High Court on Friday reserved order on the petition seeking action against the BU for cancelling affiliation to 35 study centres and granting permission to ten new study centres run by the Syndicate members. Oceanic Education Society and 90 others have filed a case.

 

 

 

 

 

 

 

 

Return money spent on hospital visits, HC tells Vishal Yadav

http://www.indianexpress.com/news/return-money-spent-on-hospital-visits-hc-tells-vishal-yadav/924757/0

 

Express news service : New Delhi, Sat Mar 17 2012, 01:39 hrs

 

The Delhi High Court on Friday asked Vishal Yadav, who is serving a life sentence along with cousin Vikas for the murder of Nitish Katara in 2002, to return the money spent by the Delhi government on his security and other miscellaneous expenditure during his many visits to hospitals from Tihar Jail.

A bench of Justices Gita Mittal and V K Shali asked Vishal’s counsel to seek instruction from his client on the issue and inform it by March 23, the next date of hearing.

“It was all tax payers’ money the government has spent for your security during your visits to hospitals including Batra Hospital. Let us see some bonafide,” said the bench, adding it would evaluate the total amount spent on him after perusing documents submitted by jail authorities.

The bench observed that it looked evident that more than Rs 16 lakh was spent on the number of security personnel who had accompanied the convict.

The bench asked the jail authorities to place before it the guidelines framed for prisoners who were sent to various hospitals other than Deen Dayal Upadhyay and LNJP hospitals for treatment.

The DDU and LNJP hospitals were also directed by the bench to file an affidavit making it clear whether they review the health condition of the Tihar patients before referring them to other hospitals.

On similar visits to hospitals by Vikas, the court sought an explanation from AIIMS as to why the convict had been shifted from ‘B’ class facility to ‘A’ class during his treatment in October 2011. The bench also asked AIIMS to mention if such facility was given earlier to any other prisoner.

The court passed the order on victim Nitish’s mother Neelam Katara’s petition. The petition, relying on a RTI reply disclosing that Vishal had visited hospitals 87 times, had claimed that these unreasonable visits were made possible as the convicts used their financial and political clout.

In 2008, a trial court has awarded life imprisonment to Vikas and Vishal for abducting Nitish from a marriage party at Ghaziabad on the night of February 16-17, 2002 and killing him over his alleged intimacy with their sister Bharti.

 

 

 

 

 

 

 

 

Punishment for rash driving essential as deterrent: HC

http://www.indianexpress.com/news/punishment-for-rash-driving-essential-as-deterrenthc/924618/

 

Agencies : Madurai, Fri Mar 16 2012, 15:46 hrs

Observing that punishment for rash and negligent driving was essential as a deterrent, Madurai Bench of the Madras High Court has confirmed the conviction on the driver of a tractor which ran over a four-year old girl near here some four years ago.

Justice P.R.Sivakumar, however, took into consideration the family of the driver, comprising wife and two children aged seven and four, and commuted the sentence from six months to three months of simple imprisonment.

The judge imposed a fine of Rs 5000 on P. Muniaswamy or in default undergo three more months of imprisonment.

The judge said in cases like these the punishment should also not be negligible or nominal.”The court deems it appropriate to reduce the sentence of imprisonment to three months from six months”.

Police had registered a case under IPC 304(a) (causing death by negligence) after the girl was run over while walking along the road at R.S.Mangalam on April 29,2008.

The Chief Judicial Magistrate found him guilty and sentenced him to six months of imprisonment without mentioning whether it was simple or rigorous imprisonment.

On appeal, the Principal District Sessions judge inadvertently mentioned that the convict had been ordered to undergo rigorous imprisonment.

Hence the appellant had to undergo such sentence.

Normally if no mention was made about the mode of punishment,it should be taken as simple imprisonment only,the judge said.

Filing the present revision plea, Muniaswamy had initially challenged his conviction as well as sentence.

But when the judge refused to interfere with the lower court judgment, he prayed to show some mercy and reduce the sentence.

 

 

 

 

 

 

 

HC issues notices on pleas for relief

http://ibnlive.in.com/news/hc-issues-notices-on-pleas-for-relief/239774-60-116.html

 

Express News Service

KOCHI: The Kerala High Court on Thursday issued notices to the Centre, state and owners of mv Prabhu Daya on petitions seeking `2 crore compensation in connection with the hit-and-run case in which five fishermen were killed. Relatives of fisherman Xavier Antony had moved the court on Tuesday seeking compensation.
Xavier’s wife Sony, children Alvin and Antony, and mother Cicily argued that the entire family was being maintained by Xavier over the years and his loss was unbearable.
Another petition was also filed by Anna, wife of Santhosh alias Jose, seeking `2 crore compensation.

 

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