LEGAL NEWS 26.05.2012

Supreme Court stays cancellation of Jal Mahal land lease case
http://timesofindia.indiatimes.com/india/Supreme-Court-stays-cancellation-of-Jal-Mahal-land-lease-case/articleshow/13499828.cms
TNN | May 26, 2012, 02.37AM IST
JAIPUR: The Supreme Court on Friday stayed the Rajasthan High Court judgment that cancelled the lease of 100-acre land near Jaipur’s Man Sagar Lake to a private company to develop tourist facilities.

A division bench of Justice Deepak Verma and Justice S J Mukhopadhaya, however, restrained the private company from undertaking any fresh construction at the site. The bench said that the undertaking given by the company to the Rajasthan High Court that it would not undertake fresh constructions in the complex would continue. The company, the Jal Mahal Resorts Pvt Ltd, though was allowed to continue the preservation and restoration work of the monument, Jal Mahal, inside the lake.

The apex court also issued notices to have replies from the state government and Prof KP Sharma, one of the petitioners on whose pleas the high court cancelled the lease on May 17.

The apex court’s stay order came as a relief to the state government as well, since the high court had made stern remarks against it while cancelling the lease and license agreements. A division bench headed by Chief Justice Arun Kumar Mishra had remarked that the state government committed “breach of public trust” and “abused the powers” in signing the lease on ‘unreasonable’ terms.

The state government leased out the prime land near the lake and the 17th century monument in it to the private company for 99 years. It was objected that the land estimated to be around Rs 3500 crore was handed over to the company in return for just Rs 2.5 crore annual lease money and the monument was given away for an annual license fee of merely Re 1.

Early this week, deputy leader of opposition Ghanshyam Tiwari said that the BJP wanted the lease agreement to be cancelled and the land’s possession be retaken by the government, as directed by the high court in its May 17 judgment. Tiwari even talked about leading the people to forcibly take possession of the land and the monument if the government failed to do by May 31.

Seniors’ criticism of lower court judges denting judiciary: SC
http://timesofindia.indiatimes.com/india/Seniors-criticism-of-lower-court-judges-denting-judiciary-SC/articleshow/13500099.cms
Dhananjay Mahapatra, TNN | May 26, 2012, 02.54AM IST
NEW DELHI: The Supreme Court has admitted that a growing tendency in superior courts to berate lower court judges for apparent mistakes in orders and judgments was denting the judiciary’s credibility.

The apex court said its judgments advising superior court judges to exercise restraint and use temperate and sober language while dealing with appeals against orders passed by lower court judges had fallen on deaf ears. “Such unwarranted observations, instead of enhancing the respect for the judiciary, create concavity in the hierarchical system and bring the judiciary downhill…. Further, the trend seems to be persistent like an incurable cancerous cell which explodes out at the slightest imbalance,” said a bench of Justices B S Chauhan and Dipak Misra.

A superior court judge was expected to maintain “sobriety, calmness, dispassionate reasoning and poised restraint” even when he felt strongly about the lack of merit and faults in an order passed by a lower court judge, the bench said.

The bench removed the Allahabad high court single judge’s caustic observations against Bulandshahar chief judicial magistrate Amar Pal Singh. Expressing deep anguish at the intemperate language used by the HC judge against the CJM, the bench clarified that it was not commenting on the merits of the order which was challenged before the HC.

Justice Misra, writing the judgment for the bench, quoted orders of the apex court spanning four decades on this issue and said superior court judges must understand the difference between sending a message and issuing a rebuke.

“A judge is required to maintain decorum and sanctity which are inherent in judicial discipline and restraint. A judge functioning at any level has dignity in the eyes of public and credibility of the entire system is dependent on use of dignified language and sustained restraint, moderation and sobriety,” the bench said.

The SC said judiciary’s independence was inseparable from its credibility. “Unwarranted comments on the judicial officer creates a dent in the credibility and consequently leads to some kind of erosion and affects the conception of rule of law,” it added. “The sanctity of decision making process should not be confused with sitting on a pulpit and delivering sermons which defy decorum because it is obligatory on the part of superior courts to take recourse to correctional measures,” the bench said. Allowing the CJM’s appeal, the apex court said, “Perceptions of fact and application of law may be erroneous but that never warrants such kind of observations and directions.”

Kazmi has a right to get copies of remand papers: Court
http://ibnlive.in.com/generalnewsfeed/news/kazmi-has-a-right-to-get-copies-of-remand-papers-court/1003484.html
PTI | 08:05 PM,May 25,2012
New Delhi, May 25 (PTI) A Delhi court today said it was the fundamental right of journalist Syed Mohammed Ahmad Kazmi, arrested for alleged role in the bomb attack on Israeli diplomat’s car, to be supplied with the copies of the remand papers which are not secret documents. Additional Sessions Judge S S Rathi allowed Kazmi’s plea saying there is “no legal prohibition on supply of documents to the accused in judicial custody subject to the safeguards provided by the relevant statutes.” Terming as “illegal” and “fractious”, the ASJ set aside the part of the May 1 order of the magisterial court where it was held that Kazmi cannot be supplied the copies of the remand papers at this stage and that the same may be supplied after the filing of the charge sheet. The ASJ said it is his (Kazmi’s) fundamental right to be informed about the grounds and documents based on which his detention is being extended from time to time. “Delhi High Court rules and orders clearly empower the accused to seek certified copies of any record at any stage,” the judge said. The ASJ said even constitutionally, by combined virtue of Article 14 (equality before law), 19 (Protection of certain rights regarding freedom of speech etc), 21(right to life) and 22 (protection against arrest and detention), an accused held in custody by the state does have a right to be treated and dealt with by the state in a transparent manner. Kazmi had moved the court of ASJ seeking copies of the remand papers on basis of which his judicial custody was being extended since March 24. The ASJ noted that the six remand papers sought by Kazmi did not contain the name and addresses of any witness and other information mentioned in them had already been published in several national dailies. The ASJ also observed that neither the state nor the court of CMM on its own motion ever ordered for holding any proceedings in the case incamera. The ASJ also rejected the objection of the investigating agency that Kazmi himself is a press reporter and the media was taking keen interest to cover every aspect of the case and if the remand papers are supplied to him, they would become public.

Aarushi-Hemraj murder case: Time for witnesses to take centre stage
http://timesofindia.indiatimes.com/city/delhi/Aarushi-Hemraj-murder-case-Time-for-witnesses-to-take-centre-stage/articleshow/13500588.cms
Neeraj Chauhan, TNN | May 26, 2012, 03.10AM IST
NEW DELHI: With the stage set for the trial of doctors Rajesh and Nupur Talwar in the four-year-old Aarushi-Hemraj double murder case, CBI will have to begin producing evidence and witnesses in the court from June 4 to prove its charges of murder and destruction of evidence against the Talwar couple.

The investigation agency’s case is built primarily upon 141 documents, which include statements of some neighbours and friends of the Talwars, their maid and their driver, the case’s first investigating officer from Noida police, doctors and forensic experts.

CBI had recently told the court that it had ‘relied upon’ 96 of these 141 documents in the case diary. However, the agency admits to not having material evidence against the couple.
Of the witnesses, CBI feels, some have been crucial in reconstructing the chain of events from the murders on the night of May 15 to the discovery of the corpses on the morning of May 16, 2008.

Among the important witnesses is Punish Rai Tandon, a neighbour of the Talwars in Jalvayu Vihar whose servant Vijay Mandal was arrested by the first CBI probe team. In his statement, sources say, Tandon had told investigators that “his servant Vijay Mandal was in his garage (that day)”.

To prove the CBI’s theory of only four persons being present in the house on May 15, 2008, the Talwars’ driver Umesh, their maid Bharti, another neighbour Anita Durrani, and KN Johri, the landlord of another suspect, Krishna, are important %witnesses.

Umesh had said in his statement, “I had seen Rajesh Talwar, Nupur Talwar, Aarushi and Hemraj in the house around 9.30pm on May 15, when I went there to return their car keys”.

Bharti claimed, “When I went to the house at 6am on May 16, only Rajesh and Nupur Talwar were there. Aarushi’s body lay on her bed and there was blood from a wound on her neck while Hemraj was not there”. The statements of Jalvayu Vihar’s security guards – Virender Singh, Sanjay Singh, Ram Kumar, Chandra Bhushan, Devender Singh and Ram Vishal – support CBI’s theory that ‘no outsider’ visited or left the Talwars’ house that night.

Anita Durrani had stated that her servant Rajkumar was present in her house till 12.30am on the night of murder, while KN Johri, stated that Krishna was sleeping in his house with his family members.

CBI says the testimony of an official of the telecom department, Deepak Kanda, is also important as he had stated that “Internet was switched on and off at regular intervals and that an outsider could not have done that…It (router) was first switched on at 12.08am, while it was switched off finally at 3.43am and it could have only gone off in case of an electricity cut,” Kanda stated.

Another witness from the electricity department, Rajesh Kumar, said there was no power cut from 7pm on May 15 to 7am on May 16.

Dr Rajeev Kumar and Dr Rajeev Kochar, friends of the Talwars, had stated that “they had seen washed dragging marks on the stairs next day”. In his statement, Kochar has also reportedly told the sleuths that the Talwars were wearing fresh looking clothes.

The agency is also banking on the postmortem report. Dr Sunil Dohre had stated that “a surgically trained person could have caused the injuries on the neck”, adding that “V-shaped injury could have been of a golf stick”.

To back the destruction of evidence claim, Dohre’s statement also adds that “there were no marks on Aarushi’s face or body or of any resistance, but private part was wide and there was white discharge near it, however it should be in whole area (sic)”.

CBI will call all these witnesses by turns to the court to examine them June 4 onwards.

Stall trial until CBI probe ends: Jagati Publications’ plea to high court
http://timesofindia.indiatimes.com/city/hyderabad/Stall-trial-until-CBI-probe-ends-Jagati-Publications-plea-to-high-court/articleshow/13499687.cms
TNN | May 26, 2012, 02.25AM IST
HYDERABAD: Jagati Publications, the company belonging to Kadapa MP YS Jaganmohan Reddy, on Friday urged high court to restrain the trial court from going ahead with an ‘incomplete’ chargesheet and sought stalling of proceedings till the CBI probe into the FIR lodged in the Jaganmohan assets case was over.

The appeal was filed before justice B Chandra Kumar who is hearing the pleas of both Jagati Publications asking for the trial to be stopped and the CBI’s plea against cancellation of the bail given to auditor Vijay Sai Reddy. Senior advocates C Padmanabha Reddy and Susheel Kumar argued the cases for both Jagati and the auditor and told the court that the CBI could only undertake further investigation if it came across any new evidence and not on strength of merely the FIR.

Just because Vijay Sai would be entitled to bail upon completion of the 90-day time limit, the CBI has filed an incomplete chargesheet, the counsels said.

The CBI has with it the preliminary enquiry report, the high court judgment ordering a CBI probe into Jagan’s assets, the FIR naming 73 individuals and companies as accused and the report of the amicus curiae who cited benefits given to five companies on a quid pro quo basis.

But the CBI so far has named only one of the five companies whose details were given by the amicus curiae, the senior counsel said. Proceeding on an incomplete chargesheet would result in injustice to their clients, the counsels said. The judge posted the case to Monday when he would hear CBI’s version of the case.

Sunil Reddy bail plea dismissed: In a separate development, principal special judge A Pullaiah of the CBI court on Friday dismissed the bail plea of N Sunil Reddy, an accused in the Emaar scam case. The judge noted that since the case is dependent on the statement provided by T Ranga Rao of Stylish Homes against the accused, Sunil, if released, may threaten Ranga Rao against deposing before court.

Allahabad High Court quashes Surajpur land acquisition
http://timesofindia.indiatimes.com/city/allahabad/Allahabad-High-Court-quashes-Surajpur-land-acquisation/articleshow/13504679.cms
TNN | May 26, 2012, 05.43AM IST
ALLAHABAD: The Allahabad High Court on Friday quashed the notifications issued by the state government for acquisition of about three hectares of land in Surajpur village in Dadri tehsil, Gautambuddh Nagar for construction of aqua children’s park. The Allahabad High Court order was passed by a division bench of Justice Sunil Ambwani and Justice A N Mittal, allowing the writ petitions of Surajpur farmers.Quashing the notifications dated August 27, 2004 and July 19, 2005, the court ordered to return the land of the petitioners. The court was of the view that application of urgency clause invoked by the government for acquiring the land was without any real or actual urgency.

Green Tribunal agrees to hear plea against Lavasa’s hill city
http://www.thehindu.com/news/national/article3455760.ece
The National Green Tribunal has agreed to hear a plea challenging the November 9, 2012 environment clearance (EC) granted to Lavasa Corporation Ltd for its $ 31 billion hillside township project in Pune district of Maharashtra.
The Tribunal directed Lavasa, the Ministry of Environment and Forests (MoEF) and Maharashtra Pollution Control Board (MPCB) to file their replies to the petition of a project-hit Pune native before July 24.
Lavasa had opposed the petition at the outset on ground that the plea was time barred as it was filed with a delay of 59 days after the grant of environment clearance.
The company had also said that petitioner Dyaneshwar Vishnu Shedge had not come to the Tribunal with “clean hands” and having sold his land for the project, he is “stopped from raising an objection to the EC granted”.
Mr. Shedge, had contended that he was not aware of the MoEF’s order granting EC and after coming to know about it the villagers of Mugaon, of Mulshi Taluka of Pune assembled and took a decision regarding “the further course of action for setting aside the order granting EC”.
The Tribunal said that the appeal has been filed within 90 days, thus was in consonance with the provision of the National Green Tribunal (NGT) Act.
As per the NGT Act a plea can be filed within 30 days of passing of an order sought to be challenged and the Tribunal can entertain the petition filed within 60 days after the first 30 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal.
“On consideration of submissions advanced interse by the parties we feel in a case like the present one where environmental impact of project on local population in terms of their environmental harm has to be assessed, the approach of this Tribunal, especially set up for the said purpose, should be liberal and not “hyper-technical”, a bench headed by the Tribunal’s Acting Chairperson Justice A S Naidu said.
The bench condoning the delay said “in view of the discussions made above, the delay being less than 90 days, this Tribunal after appreciating pleadings and documents referred is satisfied that there was sufficient reason and that deliberate latches (not acting in reasonable amount of time) cannot be attributed to appellant”.
It also said that Lavasa’s allegations against petitioner and questions relating to locus-standi of Mr. Shedge “involve intricate questions of facts and law which can be dealt with only in course of hearing of the appeal”.
Mr. Shedge had submitted that several “substantial questions” relating to environment are involved and “if the project comes up, the right of the appellant as well as other poor villagers living in the vicinity shall be affected under Article 21 of the Constitution (relating to Fundamental Right to life), in as much as they will be deprived of clean environment and a healthy life”.
The petitioner has alleged that the action of MoEF in granting EC to the project was “arbitrary”.
“There are also several other allegations with regard to the faulty procedure adopted as well as de-relegation of statutory provisions by the MoEF which according to the appellant goes to the root of the decision making process, consequently the EC granted suffers from the vice of non consideration of relevant facts and law and cannot be sustained”, the tribunal noted from the Mr. Shedge’s submissions.
The Tribunal is also hearing a separate petition filed by Lavasa challenging the environment ministry’s decision to impose conditions with the EC, which is likely to be heard on July 19.
Lavasa had also questioned the applicability of Environment Impact Assessment (EIA) notification, 2006, requiring environmental clearance from the Ministry of Environment and Forest (MoEF), for the project.
The MoEF had on November 9, 2011 granted environment clearance to the first phase of Lavasa’s project subject to “strict compliance” of certain terms and conditions.
The decision came after the Maharashtra government had filed a case in a Pune court against the promoters of Lavasa for allegedly violating the Environment Protection Act.
Filing of the case under the EPA was one of the pre-conditions imposed by the MoEF for granting the clearance.
The ministry had laid down five pre-conditions, as suggested by the Expert Appraisal Committee, for Lavasa to comply with before grant of environment clearance.
The conditions included demarcation of land usage such as open spaces, diverting five per cent of its expenses for corporate social responsibility, creation of an environment restoration fund, which in turn will be monitored by verification and monitoring committee and a submission by the company that violations would not be repeated.
Besides, the ministry has set out for Lavasa a list of 47 conditions, including having a separate budget for community development activities and income generating programmes and vocational training for individuals to take up self-employment and jobs.
The project developers were also asked to make a clear demarcation of ‘no development and construction zones’.

HC hears today plea for inter physics re-exam
http://ibnlive.in.com/news/hc-hears-today-plea-for-inter-physics-reexam/261210-60-114.html
Express News Service
HYDERABAD: Justice B Chandra Kumar of the High Court on Thursday asked Intermediate Board authorities to respond to issues raised in three writ petitions filed by students seeking a direction for conduct of Intermediate advanced supplementary examination in physics again for those who had missed it out on May 16 because of non-issuance of hall-tickets.
The petitions will be heard on Friday.
The Intermediate advanced supplementary examinations began on May 16 and hundreds of students could not write the physics examination on the first day due to non-issuance of hall-tickets by the board. Following the High Court orders, the board decided to issue hall-tickets immediately but they were not issued in time for the first examination. As a result, several students could not write the examination on the first day. The students contended that they had lost the opportunity to appear for the physics examination on May 16 though they had paid the fee in time to the colleges and that it was no fault of theirs and demanded that the physics examination be held again for their benefit. They pointed out that physics paper was crucial as about 31 percent students had failed in that subject. Nearly three lakh senior Intermediate students applied for the physics examination to improve their score.

House tax: High court vacates stay, decks cleared for 2% hike
http://timesofindia.indiatimes.com/city/allahabad/House-tax-High-court-vacates-stay-decks-cleared-for-2-hike/articleshow/13505045.cms
TNN | May 26, 2012, 05.56AM IST
ALLAHABAD: Disposing of a writ petition challenging increase in house tax in Allahabad city, the Allahabad High Court on Friday vacated its stay order granted earlier and held that the minimum monthly rate of rent notified by the municipal commissioner, Nagar Nigam Allahabad, on June 18, 2010 (effective April 1, 2011) is valid.
By this order, it was resolved to increase the house tax by 2 per cent.
However, the division bench of Justice Sunil Ambwani and Justice Pankaj Naqvi directed that all those owners of properties in the municipal limits of Allahabad, who are liable to pay the property tax, shall be entitled to file objections to the individual assessments of their properties by the Nagar Nigam.
The objections regarding carpet area or covered area of a building, calculations, area of land or other rebates should be given in writing to the municipal commissioner within one month from the date of publication of fresh public notice by the municipal commissioner.
The objection will be confined to the individual assessment regarding calculation of the area.
The Court directed that municipal commissioner or officers authorised by him will dispose of the objections after giving objectors an opportunity of being heard with reasons ordered.
The petitioner, corporator Shiv Sewak Singh, Congress MLA Anugrah Narayan Singh and corporator Kamlesh Singh had questioned the authority, manner and process of increase in the property tax levied on the properties situated within the municipal limits of Allahabad by municipal commissioner, Nagar Nigam Allahabad, for the year 2011-2012.
They had challenged the enhancements of the rates of rent and assessments of house tax by municipal commissioner, Allahabad from April 1, 2011.

HC reserves orders on Bidari Case
http://ibnlive.in.com/news/hc-reserves-orders-on-bidari-case/261560-60-115.html
Express News Service
BANGALORE: A Division Bench of the Karnataka High Court, comprising Justice N Kumar and Justice H S Kempanna, on Friday reserved for Monday its judgment on the review petition filed by DGP Shankar M Bidari, seeking his appointment as DG & IGP be upheld.
Meanwhile, Bidari’s counsel S N Chandrashekar filed a memo seeking permission to withdraw the Interlocutory Application (IA) for change of the Bench. The Bench, then, dismissed the memo and a contempt petition filed by IG & DGP A R Infant against Bidari for “seeking change of Bench” and commenting on judiciary.
Advocate General S Vijay Shankar, who was making his submission on behalf of the state government, said in the National Human Rights Commission report there was no allegation against Bidari of committing atrocities as chief of the STF during operations to nab Veerappan, and hence the state did not feel it relevant to place the report before the UPSC before Bidari’s appointment as IG & DG.
Chandrashekar stated that “During the NHRC prove, victims’ statements were recorded on paper, and not tape-recorded or videographed. Many people gave false statements before the NHRC for higher compensation. When Infant made allegations against Bidari, he should have attached the documents, if any, but he did not do so,” he said.
Counsel for Infant Uday Holla said for empanelment for top post one should have a good length of service, clean service record and range of vital and crucial experience. The DG & IGP had to control and command 90,000 police personnel of the state, but Bidari said he did not commit any atrocities but the officers under him committed them, he added.

NHRC camp in Assam and Meghalaya from May 28
http://ibnlive.in.com/generalnewsfeed/news/nhrc-camp-in-assam-and-meghalaya-from-may-28/1003623.html
PTI | 12:05 PM,May 26,2012
Guwahati, May 25 (PTI) A delegation of National Human Rights Commission (NHRC), led by its chairman Justice (Retd) K G Balakrishnan would hold a three-day camp sitting in Assam and Meghalaya from May 28 to reach out to far-flung areas. The camp sittings aims to dispose of pending cases by hearing senior government officers, sensitise them about importance of human rights issues and compliance of NHRC recommendations, meet local NGOs and brief media for wider dissemination of information on human rights issues, an official release said here today. The first sitting will be held here for two days from May 28 and on May 30 at Shillong. Altogether 50 cases concerning of Assam will be considered for disposal and out of these 17 cases will be heard at the full Commission sitting chaired by Justice Balakrishnan. The rest of the cases would be taken up by two separate division benches. The cases for Assam include rehabilitation of children rendered orphan or destitute in communal riots in upper Assam districts, starvation deaths in Cachar district, alleged eviction of about 6000 adivasis by forest officials from Lungsun forest area. The other cases include denial of basic facilities to the residents of 22 villages in Kamrup district, witch hunting, sexual exploitation of women, deprivation of source of livelihood to 300 families facing eviction, illegal coal mining in Tinsukia district and deaths in encounter and custody.

SC stays removal of Odisha consumer forum chief
http://articles.timesofindia.indiatimes.com/2012-05-25/india/31851909_1_consumer-forum-removal-odisha
Dhananjay Mahapatra, TNN May 25, 2012, 04.04PM IST
NEW DELHIl The Supreme Court on Thursday stayed a Odisha government notification removing A K Samantray, a former judge of Orissa high court, from the post of president, State Consumer Disputes Redressal Commission.
Arguing for Samantray, senior advocate Mukul Rohatgi said the state consumer forum president could be removed only after the state sent a reference and consequent inquiry by the chief justice of the high court into allegations of corruption or misconduct.
“This procedure was given a complete go-by,” he said.
A bench of Justices Deepak Verma and S J Mukhopadhaya stayed the Naveen Patnaik government’s May 9 notification removing Samantray from the post and sought the state’s response.
Samantray, through counsel Ashok Panigrahi, pleaded that the “manner in which the petitioner had been removed from the post of president of the state commission by the government without any inquiry was illegal, arbitrary and in flagrant violation of the principles of natural justice”.
The removal resulted from the adverse remarks passed by the HC while hearing a PIL alleging irregular functioning of district consumer forums and the state consumer commission.
The petitioner said, “The state government failed to understand that the high court had never directed his removal from the post of president of the state commission.”
The state government, to save its skin from possible contempt proceedings, had issued the May 9 notification without even bothering to conduct any inquiry or referring the matter to the HC for an inquiry into the alleged irregularities, he alleged.

High court slaps Rs 5 crore penalty on mining firms for damaging fort
http://timesofindia.indiatimes.com/city/jaipur/High-court-slaps-Rs-5-crore-penalty-on-mining-firms-for-damaging-fort/articleshow/13500089.cms
Ajay Parmar, TNN | May 26, 2012, 02.54AM IST
JODHPUR: In yet another curb on the indiscriminate mining in state, the Rajasthan high court on Friday imposed a penalty of Rs 5 crore on the Birla White and other miners and ordered mining activities to be suspended with immediate effect in 10-km periphery of the 7th century Chittorgarh Fort.
The order comes a month after a whopping penalty of Rs 50 crore was imposed on the Sangemarmar Khan Vikas Samiti of Makrana for causing irreparable damage to the railway track due to mining activities.
The division bench of Chief Justice A K Mishra and Sangeet Lodha pronounced the verdict while disposing off a PIL filed by one Bhanwar Singh. The petitioner alleged that the blasting of mine barely 1.5 km away from the Chittorgarh Fort was causing irreparable damage to the historic monuments of Vijay Stambh, Kirti Stambh and Kumbha Mahal. He alleged the companies are carrying out these activities without permission, and several cracks have appeared on the structures due to these.
The court overruled the report of the Indian Bureau of Mining, which had stated that the mining operations were as the standards of the IBM and were not causing damage to the fort by any means. Ravi Shankar Prasad, BJP spokesperson and the counsel of Birla White had appeared in the court during the final hearing of the petition on May 15. The court had then reserved its verdict.
On Friday, the bench while giving its verdict said 90% of the penalty would be borne by the Birla White, while the remaining had to be paid by other mining companies.

Disproportionate assets case: CBI to grill Jagan Mohan Reddy again today
http://ibnlive.in.com/news/da-case-cbi-to-grill-jagan-reddy-again-today/261448-62.html
New Delhi: YSR Congress chief Jagan Mohan Reddy will be quizzed by the Central Bureau of Investigation (CBI) again on Saturday. On Friday, he was grilled by CBI sleuths for over seven hours in connection with the disproportionate assets case.
Jagan remained unperturbed by the grilling. The CBI is questioning Jagan on the Vadarevu and Nizampatnam Ports and Industrial Corridor (VANPIC) deal in the presence of industrialist Nimmagadda Prasad and senior bureaucrat KV Brahamandna Reddy who are already under arrest.
Prasad is the promoter in the VANPIC deal and allegedly invested Rs 850 crore in the business of Jagan for land allotment made to the VANPIC project by the then YSR regime on quid-pro-quo basis. The CBI had on Thursday arrested Andhra Pradesh Excise Minister Mopidevi Venkataramana in connection with the VANPIC project.
Prohibitory orders have been issued in Hyderabad as police fear that Jagan’s supporters could go on the rampage if he is arrested. His anticipatory bail petition was rejected on Thursday by the Andhra Pradesh High Court, hours after the CBI arrested Venkataramana.
Security has been strengthened security in and around the Dilkhusa Guest House where a large number of police and Rapid Action Force (RAF) personnel have been deployed. The Raj Bhavan route, which leads to the guest house was barricaded and a lot of traffic restrictions were imposed there.
The High Court as well as the CBI had turned down his pleas seeking exemption from appearing before the agency till June 15 due to his engagement with the by-polls campaign.
The prohibitory orders under Indian Penal Code Section 144 banning assembly of five or more persons came into force at 6 am on Thursday. Hyderabad Police Commissioner Anurag Sharma said the orders would be in force till May 29, a day after he is scheduled to appear in the CBI court. A large number of police personnel have been deployed all over Hyderabad to prevent any untoward incident.
There will be no permission for meetings, rallies and processions during the period. Police have launched checking of vehicles and frisking of people, especially at the entry points into the city.
The police commissioner said they had reliable information that “in view of forthcoming by-elections certain political parties are likely to organise large number of supporters in Hyderabad city limits, taking advantage of some local events to derive political advantage.” In the emotionally charged atmosphere, large-scale mobilisation of people is likely to adversely affect maintenance of law and order, the police chief said.
Jagan has alleged that the Congress and the Telugu Desam Party along with the CBI are conspiring to arrest him and then create a law and order problem to postpone the June 12 by-elections to one Lok Sabha and 18 Assembly constituencies. In a letter to Prime Minister Manmohan Singh, Jagan alleged that a conspiracy had been conceived to trigger riots after his arrest and put the blame on him.

DNA investigations: BEML society tricked BDA, and sold sites
http://www.dnaindia.com/bangalore/report_dna-investigations-beml-society-tricked-bda-and-sold-sites_1693822
Published: Saturday, May 26, 2012, 9:39 IST
By Y Maheswara Reddy | Place: Bangalore | Agency: DNA
Looks like some administrators belonging to the BEML Employees’ Cooperative Society Ltd (BECSL) believe in the mantra of “rules are meant to be broken”.
Sample this: Even though an agreement between the BDA and the BECSL prohibited the society from selling 84 sites in its Thubarahalli Layout, the society went on to sell many of them; in fact, seven were sold to a single person in one day.
The sale of restricted sites took place even though the BECSL had intimated the Bangalore Development Authority (BDA) to withhold their release till a case relating to three parks was settled in the court.
In this regard, the then executive director of the BECSL, M Huche Gowda, had sent a letter to the BDA’s engineer member on July 20, 2005. The letter stated that the BDA can withhold the release of 84 sites until the case relating to the civic amenity (CA) sites was settled in the court. A list of sites accompanied the letter.
But even though the BECSL did not get the court’s clearance regarding the CA sites, it started selling sites in January 2008. DNA has a copy of the sale deeds of these sites.
Seven of these restricted sites (site numbers 429C, 429D, 429E, 429F, 429N, 429O, 429P) were sold to one Narsappa Reddy on August 5, 2009. The then executive director Domlur Sreenivas Reddy and president HM Kumar of the BECSL represent the housing society in the sale deed.
KS Periyaswamy, a former employee and shareholder of BEML, said the sale hints at collusion among board of directors of the housing society, officials of the BDA, the BBMP and sub-registrars. He said all authorities involved in the sale of the sites ought to be prosecuted for breach of trust. He said the government should punish them under Section 420 of the Indian Penal Code.

ATS file 13/7 charge sheet against 10 IM members
http://www.dnaindia.com/mumbai/report_ats-file-13-7-charge-sheet-against-10-im-members_1693767
Published: Saturday, May 26, 2012, 8:00 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA
Almost a year after three bomb blasts shook the city killing 27 people and injuring many others, the Anti-Terrorism Squad (ATS) on Friday filed a 4,788-page charge sheet before the special Maharashtra Control of Organised Crime Act (MCOCA) court against 10 members of the Indian Mujahideen (IM), including its top operative Riyaz Bhatkal who is believed to be hiding in Pakistan.
Of the 10 members of the terror group, six are absconding while four have been arrested. The four — Naquee Ahmed, Nadeem Shaikh, Kanwar Pathrija and Haroon Naik — are facing trial under the stringent MCOCA, the Indian Penal Code and other laws.
A series of three coordinated bombs exploded at Opera House, Zaveri Bazaar and Dadar (West) in the peak evening hours between 6.52pm and 7.05pm on July 13, 2011. The charge sheet has been filed under MCOCA, Unlawful Activities Prevention Act, Indian Penal Code, Explosives Act, Explosives Substance Act, Prevention of Damage to Public Property Act and Passport Act against 10 persons of which four are arrested.
According to the charge sheet, Naquee and Nadeem were involved in the criminal conspiracy. The provided logistic support, SIM cards, housing, and transporting the explosives in addition to stealing scooters.
The charge sheet also reflects names of six absconding accused, including IM founder Mohammad Ahmed Sidappa alias Yasin Bhatkal and his brother Riyaz Bhatkal. Two Pakistani nationals, Wakash Shaikh alias Waka and Danish alias Adil alias Tabrez who were alleged to have planted the explosives, are also shown as wanted accused in the case. Two others are Muzaffar Kola Shaikh, proprietor of Dubai-based Kola Enterprise who used to send money through hawala and Mohammad Tahsin Akhtar alias Tahsin.
The ATS has recorded statements of 641 witnesses of which 19 witnesses have identified the arrested accused. The ATS has attached 308 hours of CDs compiled from various CCTV cameras at the three locations.
The recruitment for carrying out the blasts started in December 2010. From February 2011, people who were to execute the blasts started entering Mumbai. The confessional statement given by Nadeem Shaikh also forms a part of the charge sheet although he later retracted the statement.Initially, three different cases were lodged at local police stations under the UAPA. Later, the three blasts cases were clubbed and handed over to the ATS.
The ATS later invoked the MCOCA as the Bhatkal brothers’ were involved in Pune’s German bakery blast and Ahmedabad’s Shahi Baug blast. Yasin Bhatkal, Wakash and Tarbez had rented a flat in Byculla where they allegedly assembled explosives before triggering the blasts.

2G scam: Essar, Loop Telecom executives charged with criminal conspiracy
http://economictimes.indiatimes.com/news/news-by-industry/telecom/2g-scam-essar-loop-telecom-executives-charged-with-criminal-conspiracy/articleshow/13498687.cms
NEW DELHI: A CBI special court on Friday charged five top executives of Loop Telecom and the Essar Group, including its vice-chairman Ravi Ruia and his nephew Anshuman Ruia, with criminal conspiracy to cheat the telecom department, as part of the 2G spectrum scam, but granted bail to all of them.

In addition to the Ruias, Essar’s director for strategy & planning, Vikash Saraf, and Loop promoters IP Khaitan and Kiran Khaitan were charged under Section 120-B (criminal conspiracy) and Section 420 (cheating) of the Indian Penal Code. If convicted, the five officials could face up to seven years in prison.

Kiran Khaitan is the sister of Essar Group founders Shashi and Ravi Ruia, and is based in Dubai along with her husband IP Khaitan.

The court also charged three companies – Loop Telecom, Loop Mobile India and Essar Tele Holding – under the same sections. It also slapped an additional charge of cheating on Saraf for making false representations to the government.

The special court, set up to conduct a speedy trial in the 2G scam, is trying 17 other accused, including former telecom minister A Raja, government officials and top corporate executives from three mobile phone companies. These people have been charged with criminal breach of trust, conspiracy, cheating, forgery and corruption. The cases pertain to the allocation of telecom permits on a first-come-first-served basis by Raja in 2008.

But the Ruias are the most prominent businessmen to go on trial in the 2G scam. Unitech MD Sanjay Chandra, DB Realty MD Shahid Balwa and executives from Reliance Communications spent several months in jail before being released on bail late last year. Raja was granted bail earlier this month after being in jail for nearly 15 months.

The special court said it would try the five executives for conspiring against and cheating the telecom department to get pan-India permits for Loop Telecom in 2008. It said the accused violated Clause 8 of the licence agreement that operators sign with the government, which bars them from owning more than 10 per cent in another telecom company.

HC grants bail to one accused
http://ibnlive.in.com/generalnewsfeed/news/hc-grants-bail-to-one-accused/1003326.html
PTI | 04:05 PM,May 25,2012
Kochi, May 25 (PTI) Kerala High Court today granted bail to a CPI(M) activist, an accused in the Abdul Shukoor murder case, while it rejected the bail plea of another Marxist. While granting bail to Ajit Kumar, Justice M K Balakrishnan turned down the plea of 13th accused Rajeevan. Kumar was ordered to furnish a bond of Rs one lakh plus two solvent sureties for the like amount. The judge said Kumar had completed 90 days in custody, the maximum detention limit without filing of chargesheet. The state government had opposed the pleas of the two, saying if they were released on bail, it would affect investigation in the case. Shukoor, a worker of the Muslim Students Front (MSF) was stabbed to death allegedly by CPI(M) workers on Feb 20 last at Keezhara Ariyil in Thaliparambu in Kannur district. The incident was said to be sequel to a clash between IUML and CPI(M).

Gujarat HC irked at Shingalas U-turn
http://www.dnaindia.com/india/report_gujarat-hc-irked-at-shingalas-u-turn_1693732
Published: Friday, May 25, 2012, 20:32 IST
Place: Ahmedabad | Agency: DNA
The Gujarat high court issued a show-cause notice to Vishal Shingala of Jamnagar, who on Thursday had sought permission to withdraw the petition against IPS officer Subhash Trivedi. Shingala had earlier filed a petition before the Gujarat high court against Jamnagar DSP Trivedi and other cops for torturing him in police custody after he was arrested in a case under Prohibition Act in 2008.
Justice AS Dave was irked with Shingala as he decided to withdraw the petition when the matter was in the final stage. It also directed filing of an FIR against the IPS officer. The court asked Shingala to file a reply before May 29 as to why any criminal action shall not be initiated against him.
Last Tuesday, the court asked Shingala to lodge a complaint before the Jamnagar police against Subhash Trivedi under section 330 of the IPC for voluntarily causing hurt to extort confession. The state government had also initiated departmental action against Trivedi.
However, Shingala’s sudden change of mind has not gone down well with the court and he has been asked to furnish a reply as to why he wanted to withdraw the plea at final stage.
According to the petition filed by Shingala, an FIR was lodged against him in case of prohibition and he was arrested. He was then subjected to custodial torture by DSP Trivedi and the police inspector. He filed a complaint before the local court which entrusted inquiry of the matter to the police, but it did not yield any result.

Shukkoor murder case: HC denies bail to accused
http://timesofindia.indiatimes.com/city/kochi/Shukkoor-murder-case-HC-denies-bail-to-accused/articleshow/13503104.cms
TNN | May 26, 2012, 04.51AM IST
KOCHI: The Kerala high court on Friday denied bail to P Rajeevan, the 13th accused in the murder of Muslim League activist Abdul Shukkoor.

Justice N K Balakrishnan denied bail to Rajeevan after the prosecution pointed out that he had been identified by a witness as part of the mob that kidnapped Shukkoor before murdering him.

The 10th accused in the case, Kerala Fire and Rescue Services employee P K Ajith Kumar, was granted bail by the court as he had served 90 days in jail, which is the maximum number of days a person can be detained without filing a chargesheet.

Bail applications by six more accused in the murder, which was termed by the media as ‘party killing’, are pending before the high court.

Meanwhile, amidst the demand by the Indian Union Muslim League to hand over the probe to the CBI, three more people were arrested on Friday night. They are being questioned.

Decide engg results of 3 plaintiffs: HC to Mumbai University
http://www.dnaindia.com/mumbai/report_decide-engg-results-of-3-plaintiffs-hc-to-mumbai-university_1693798
Published: Saturday, May 26, 2012, 8:13 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA
While issuing a stiff warning to the Mumbai University, the vacation bench of justices SJ Kathawalla and PD Kode of the Bombay high court has directed the varsity’s Unfair Means Committee (UMC) to decide within one week the results of three engineering students, whose case it had termed under the ‘reserved copy case’ category.
After the university tendered an unconditional apology for delaying appointing the UMC, the high court suggested that it should not waste any more time in declaring the results of the three petitioner students.
What surprised the court was the university being unaware of the fact that the police would make available seized documents only after a charge sheet is filed in the case.
Expressing its surprise, the court said: “The university is a very old institution and it should have known of the available legal recourse, that photocopies of the seized answersheets can be taken. Then, it could have declared the results instead of shooing away the petitioner students.”
The vacation bench was hearing the plea of three engineering students, whose results were withheld after the answer sheets of their first semester exam (May 2011) were found on a peon from the campus in June 2011. Their results were “reserved as copy case’’ by the university.
The students argued that there was no malpractice during the examination and they were not being allowed to appear for further examinations. The HC bench was told by the university that they were subsequently allowed to appear for their second semester.
Recommending strict action against students indulging in unfair practices during exams, the bench said they had the right to be heard by the inquiry panel, which was denied till now.

IPL molestation: Delhi HC hears victim’s plea
http://ibnlive.in.com/news/ipl-molestation-delhi-hc-hears-victims-plea/261185-3.html
New Delhi: The Delhi High Court on Friday heard US citizen Zohal Hamid’s plea to withdraw molestation charge against RCB Player Luke Pomersbach. Zohal was at the Delhi High Court along with her fiance Sahil Peerzada and Australian cricketer Luke Pomersbach for quashing of the criminal case, lodged against the cricketer for molesting her and hitting her fiance.
Zohal’s lawyers had told CNN-IBN that and she will not be filing a defamation case against RCB owner Siddharth Mallya too.
The three made the plea jointly, terming as “unfortunate” the incident leading to registration of the FIR and saying that they have amicably settled their disputes and “wish to end it”.
Australian cricketer Pomersbach, playing for Royal Challengers Bangalore (RCB) in IPL tournaments, was arrested on May 18 after Hamid alleged that he had molested her in a five-star hotel here an and beat up her her fiance.
Claiming that they have reached a settlement amicably without any pressure or financial consideration, the petition said, “The petitioners have reached settlement as per settlement deed dated 23 May 2012, whereby inter se disputes between the parties have been amicably settled without any pressure, coercion or undue influence.”
The trio said on the advise of their friends and relatives, they mutually decided to end all their disputes.
Hamid and Sahil have agreed not to pursue the criminal case and has decided to withdraw the FIR saying they are fully satisfied and believe in the genuineness and sincerity of regret expressed by Pomersbach.

16 police recruits move HC after being delisted
http://timesofindia.indiatimes.com/city/nashik/16-police-recruits-move-HC-after-being-delisted/articleshow/13501396.cms
TNN | May 26, 2012, 03.41AM IST
NASHIK: As many as 16 candidates selected as trainee constables have moved the Bombay high court against the state government delisting their names from the list of the selected candidates even after utilizing their services in the recent civic polls. As a result, the entire recruitment process has been stayed until the court comes out with its final verdict on the litigation filed by the delisted candidates.

In December 2011, the city police commissionerate had taken up the recruitment process for 265 candidates. The Nashik police commissionerate had received 10,099 applications for the post of constables. Only 8,158 candidates including 1,103 females had actually appeared for the recruitment process. After the documents were scrutinized, 3,162 candidates were declared ineligible on grounds of shortcomings in their documents.

Subsequently, a physical test was held for 4,996 candidates out of which 3,728 candidates qualified for the written test. The final result of 265 selected candidates was declared on December 13, 2011. Immediately after the list of the selected candidates was declared, the Supreme Court had given a new directive of parallel reservation. The state home department was asked to prepare a new list of candidates, eligible as per parallel reservation. The Nashik police commissionerate then came out with a new list of selected candidates as per the parallel reservation, which saw 36 selected candidates in the first list of December 13, being sacked.

Of the 36 candidates, 16 candidatesapproached the Bombay high court against the decision. The services of these candidates were utilized during the Nashik Municipal Corporation elections that was held in February. The candidates who have approached the Mumbai high court are of the view that ever since the first list of the selected candidates was announced, they were absorbed as constables and also worked during the civic elections. But removing their names from the second list suddenly imples playing with their future. There are reports that the rural police, which also conducted the recruitment process, has delisted 26 candidates from the second list.

HC directs MU to release results of engineering students
http://ibnlive.in.com/generalnewsfeed/news/hc-directs-mu-to-release-results-of-engineering-students/1003437.html
PTI | 07:05 PM,May 25,2012
Mumbai, May 25 (PTI) The Bombay High Court today directed the University of Mumbai to decide within a week the results of three engineering students which were on hold after their answer sheets were lost in an alleged theft case in June 2011. A vacation bench of justices S J Kathawala and P D Kode also directed the university to ensure that such incidents are not repeated and it should not waste more time in deciding the results of the three students. The bench was hearing a petition filed by the three students, whose results were withheld by university for May 2011 examination for Electronics & Computer Programming as “Reserved Copy Case”. Amruta Patil and Virendra Neve, advocates for the petitioners, have sought quashing of a verbal order of the university not allowing the students to appear for the examination this year. At the last hearing, the court had rapped the university for its “insensitive” approach towards the students’ future. The university today tendered unconditional apology to the court for the delay in appointing the Unfair Means Committee to look into the matter and assured the court that such incidents would not be repeated. The students had appeared for their first semester examinations in May 2011 but their results were “reserved as copy case” as a peon was arrested with answer sheets on the varsity’s premises in June 2011. The students argued that there was no malpractice during the examination and they were being punished for no fault of theirs, and they were not being allowed to appear for further examinations. The judges were today informed that the students were subsequently allowed to appear for their second semester.

HC awards Rs 60 lakh compensation to deceased sailor’s kin
http://ibnlive.in.com/generalnewsfeed/news/hc-awards-rs-60-lakh-compensation-to-deceased-sailors-kin/1003506.html
PTI | 09:05 PM,May 25,2012
Chennai,May 25 (PTI) The Madras High Court has awarded a compensation of Rs 60 lakh to the family of an Indian sailor, who died in March this year after falling into a cargo hold of a Panamanian ship,docked at Chennai port since November 2011. T S Madison(33) of Kanyakumari district, third officer of the 7000 DWT vessel Gati Pride, while checking cargo on board the vessel, fell into an empty cargo hold and died. The ship, lying at the outer anchorage, had been “arrested” on the direction of the Court in November last year and ordered not to sail till all wages due to its crew were settled. The owners of the vessel had cleared all dues in early March and when preparations were being made for the ship to sail the mishap took place on March 24. The officer’s widow Bino Sesley and two minor children had moved the court seeking a compensation of Rs one crore. A single Judge had directed the owners to deposit Rs one crore. The owners, however, preferred an appeal. A settlement for Rs 60 lakh was reached between the owners and petitioners. Recording the settlement, a Division Bench, comprising Justices P Jyothimani and R Karuppiah,stipulated that the victim’s wife and two children would each receive Rs 20 lakh and the amount should be deposited in a nationalised bank. The matter was reverted back to the single judge who referred it to a Lok Adalat for a formal settlement, to enable the deceased officer’s family to get a refund of the court fee. The court has permitted the vessel to sail.

HC summons UT home secy over illegal occupation
http://www.indianexpress.com/news/hc-summons-ut-home-secy-over-illegal-occupation/954149/
Express news service : Chandigarh, Sat May 26 2012, 02:20 hrs
Taking cognisance of non-assistance by the UT Administration in a case pertaining to alleged illegal occupation of flats by Kashmiri migrants, the Punjab and Haryana High Court has summoned the UT Home Secretary and asked him to remain present in Court on May 28. The UT Administration has also been asked to clarify its stand on the issue. The Administration has been asked to explain as to what action it has taken against those Kashmiri migrants who are occupying flats illegally in Sector 29.
Earlier this month, the UT had issued notices to Kashmiri migrants for eviction. The notices were issued after assistant labour commissioner, Jammu and Kashmir, Chandigarh, had intimated the UT estate office that the migrants were occupying the houses illegally.
On the basis of the communication, the SDM (East), exercising powers under the Public Premises Act, 1971, had issued eviction notices to residents of about 60 dwelling units. The occupants were asked to appear before the estate officer.
Responding to the notices, the Residents Welfare Association had urged UT officials to take a sympathetic view. They had said they would be left on the roads, if evicted, as they had little money to pay rent. The migrants had argued that they had been occupying the houses for many years and had all the necessary documents.

HC slams ‘mechanical’ way to decide bails, paroles for convicts
http://www.indianexpress.com/news/hc-slams-mechanical-way-to-decide-bails-paroles-for-convicts/954189/
Express news service : Ahmedabad, Sat May 26 2012, 04:31 hrs
The Gujarat High Court has slammed the “mechanical approach” of the state government officials in dealing with applications for bail or parole from convicts lodged inside jails.
The court’s observation came during the hearing of a petition by a murder convict who was denied parole due to “mechanical” negative remarks by the concerned superintendent of police despite the fact that in past, the convict was released from jail on bail-parole-furlough on 28 occasions and each time he reported back to jail in time.
The petitioner, Bhupat Khachar, is lodged in a jail in Amreli district and his application seeking a 30-day parole for construction of his house was rejected by the district magistrate after the concerned SP gave a negative opinion that it could cause breach of peace.
Khachar moved HC, which allowed his application after examining jail records that showed he had been in jail for around 12 years and was released on temporary bail, parole and furlough on 28 occasions but always reported back to jail in time.
The single-judge bench of Justice R R Tripathi granted the 30-day parole sought by the convict. The court also ordered the home secretary report to apprise it of the steps that are going to be taken to remove such difficulties by July 15.

Bombay HC disapproves of pilots strike
http://timesofindia.indiatimes.com/city/mumbai/Bombay-HC-disapproves-of-pilots-strike/articleshow/13487064.cms
PTI | May 25, 2012, 04.43PM IST
MUMBAI: Deprecating the inconvenience being caused to people due to their agitation, the Bombay High Court today asked the Indian Pilots Guild to first comply with the Delhi High Court order restraining them from continuing their “illegal strike” before sorting out the issues with the management.
“You (IPG) may have problems but first comply with the Delhi High Court order. Then you can go sort out your issues. You cannot harass the general public like this,” a vacation bench of justices S J Kathawala and P D Kode observed while hearing an IPG petition challenging its derecognition.
IPG, the association representing pilots from the erstwhile Air India, have moved the Bombay High Court against an order passed by the Air India (AI) management derecognising the body and sealing its premises.
“The defendant no 1 (IPG), its members, agents and its office bearers are restrained from illegal strike. The pilots are also restrained from reporting sick, holding dharnas, staging demonstrations or resorting to any other modes of strike in and outside the company’s offices in Delhi and other regional offices,” Justice Reva Khetrapal of Delhi HC had said in her May 9 order.
The pilots, under the banner of IPG, are agitating over the rescheduling of Boeing 787 Dreamliner training and matters relating to their career progression.
The Bombay High Court bench has directed AI to file its response to the petition through an affidavit within a week and directed the management to permit the petitioner to remove documents from its sealed office.
According to IPG, the order dated May 7, 2012 derecognising their association was a “high-handed and draconian” measure undertaken by AI management.

HC reserves order in defamation case against Army chief
http://www.hindustantimes.com/India-news/NewDelhi/HC-reserves-order-in-defamation-case-on-Army-chief/Article1-861265.aspx
New Delhi, May 25, 2012
A Delhi court on Friday reserved its order for May 28 to decide whether the judicial inquiry conducted by it into the allegations levelled by Lt Gen (retd) Tejinder Singh in a criminal defamation case filed by him against Army chief Gen VK Singh be continued or not.

Metropolitan Magistrate Jay Thareja had been holding an inquiry under section 202 of the CrPC for determining the existence of a criminal conspiracy and complicity among the five persons, including the Army Chief, in issuing the press release on March 5 in which Tejinder Singh was accused of offering a bribe of Rs. 14 crore to Gen VK Singh.
“Today in pursuance of the inquiry, complainant has tendered in evidence a letter of May 4, 2012 and a certificate under the Evidence Act regarding the CD (showing interview of the Army Chief to a TV channel). Put up for orders on May 28,” the court said.
Section 202 of the CrPC empowers the court to hold inquiry for the purpose of deciding whether or not there is sufficient ground for proceeding in a complaint.
The court had earlier said that before passing any order on summoning the respondents, it has to be inquired whether the Army Chief and four others named in the complaint, had any role in the publication of the press release.
It had said that on the basis of evidence available, it cannot draw any positive or negative inference and it would be appropriate for the court to postpone the issuance of process and hold an inquiry as per the provisions of the CrPC.
The judge recorded the testimony of Tejinder Singh in relation to a document, government communication given in the Delhi high court, which he submitted as an evidence and said that there exists sufficient material for the court to proceed against the respondents.
During the hearing, Tejinder Singh’s lawyer Anil Aggarwal said government had communicated to the Delhi high court that the March 5 press release was issued as per the media policy of the Army Headquarters after obtaining approval at the “highest level in the Army”.
He said that being the Army chief, Gen VK Singh is the highest authority in the hierarchy.
He also submitted to the court a CD of an interview of the Army chief by a media house in which Gen VK Singh had levelled bribe allegations against Tejinder Singh.
After the counsel placed the CD before the court, the magistrate posed several queries to him about it.
“How do I know from this (CD) that other accused were also involved in this? What is the purpose of this video?,” the court said.
To this, the counsel said that the March 5 press release contains allegations including the bribery one against him and this was also levelled by the Gen VK Singh in his interview.
“This is not the stage of trial where I have to prove everything. At this stage, I have to show only the prima facie offence,” he said.
Regarding the highest authority in the Army, the counsel said, “Like Mount Everest cannot be excluded from the list of the highest mountains of the world, Gen VK Singh cannot be excluded from the list of the highest level in the Army.”
During the hearing, Tejinder Singh also argued before the court and said all the five persons, named as accused in his complaint, are implicated by the government communication to the high court as the government has said that the press release was issued by the Army Headquarters after obtaining approval at the highest level in the Army.

High court slaps Rs 5 crore penalty on mining firms for damaging fort
http://timesofindia.indiatimes.com/city/jaipur/High-court-slaps-Rs-5-crore-penalty-on-mining-firms-for-damaging-fort/articleshow/13500089.cms
Ajay Parmar, TNN | May 26, 2012, 02.54AM IST
JODHPUR: In yet another curb on the indiscriminate mining in state, the Rajasthan high court on Friday imposed a penalty of Rs 5 crore on the Birla White and other miners and ordered mining activities to be suspended with immediate effect in 10-km periphery of the 7th century Chittorgarh Fort.
The order comes a month after a whopping penalty of Rs 50 crore was imposed on the Sangemarmar Khan Vikas Samiti of Makrana for causing irreparable damage to the railway track due to mining activities.
The division bench of Chief Justice A K Mishra and Sangeet Lodha pronounced the verdict while disposing off a PIL filed by one Bhanwar Singh. The petitioner alleged that the blasting of mine barely 1.5 km away from the Chittorgarh Fort was causing irreparable damage to the historic monuments of Vijay Stambh, Kirti Stambh and Kumbha Mahal. He alleged the companies are carrying out these activities without permission, and several cracks have appeared on the structures due to these.
The court overruled the report of the Indian Bureau of Mining, which had stated that the mining operations were as the standards of the IBM and were not causing damage to the fort by any means. Ravi Shankar Prasad, BJP spokesperson and the counsel of Birla White had appeared in the court during the final hearing of the petition on May 15. The court had then reserved its verdict.
On Friday, the bench while giving its verdict said 90% of the penalty would be borne by the Birla White, while the remaining had to be paid by other mining companies.

Bombay High Court disapproves of pilots strike
http://www.thehindu.com/news/national/article3455930.ece
Deprecating the inconvenience being caused to people due to their agitation, the Bombay High Court on Friday asked the Indian Pilots Guild to first comply with the Delhi High Court order restraining them from continuing their “illegal strike” before sorting out the issues with the management.
“You (IPG) may have problems but first comply with the Delhi High Court order. Then you can go sort out your issues. You cannot harass the general public like this,” a vacation bench of justices S.J. Kathawala and P.D. Kode observed while hearing an IPG petition challenging its derecognition.
IPG, the association representing pilots from the erstwhile Air India, have moved the Bombay High Court against an order passed by the Air India (AI) management derecognising the body and sealing its premises.
“The defendant no. 1 (IPG), its members, agents and its office bearers are restrained from illegal strike. The pilots are also restrained from reporting sick, holding dharnas, staging demonstrations or resorting to any other modes of strike in and outside the company’s offices in Delhi and other regional offices,” Justice Reva Khetrapal of Delhi HC had said in her May 9 order.
The pilots, under the banner of IPG, are agitating over the rescheduling of Boeing 787 Dreamliner training and matters relating to their career progression.
The Bombay High Court bench has directed AI to file its response to the petition through an affidavit within a week and directed the management to permit the petitioner to remove documents from its sealed office.
According to IPG, the order dated May 7, 2012 derecognising their association was a “high-handed and draconian” measure undertaken by AI management.

High court quashes Luke FIR
http://timesofindia.indiatimes.com/city/delhi/High-court-quashes-Luke-FIR/articleshow/13499887.cms
Abhinav Garg, TNN | May 26, 2012, 02.42AM IST
NEW DELHI: “They are foreigners, let them leave India with happy feeling,” the Delhi high court said on Friday as it quashed the FIR in the IPL molestation row in the face of strong objections from police.

Accepting the joint submissions of Zohal Hamid, Saahil Peerzada and cricketer Luke Pomersbach, Justice M L Mehta ended criminal proceedings against Pomersbach that began when Zohal lodged an FIR alleging he had molested her and hit her fiance in an IPL post-match party in Delhi.

The relief came in the teeth of protests by Delhi Police that favoured Pomersbach facing trial. The police standing counsel, Pawan Sharma, and additional public prosecutor Fizani Husain said the criminal justice system had been misused and the accused should be subjected to trial. But HC said, “They have resolved the issue and would like to leave for their countries.”

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