LEGAL NEWS 10.10.2012

 

Tribunal upholds CCI’s clean chit to Microsoft

http://business-standard.com/india/news/tribunal-upholds-ccis-clean-chit-to-microsoft/190524/on

Press Trust of India / New Delhi Oct 10, 2012, 12:53 IST

Says Microsoft did not abuse its dominant position regarding sale of software license

The Competition Appellate Tribunal has upheld the fair trade regulator Competition Commission’s ruling that Microsoft did not abuse its dominant position regarding sale of software licenses.

The Commission’s order came on allegations that Microsoft offered software licenses at a lower price to original equipment manufacturers (OEM) while business houses had to buy the same at higher prices from the company.

“There is no question of any denial of market access for the reasons stated by us earlier to the effect that respondent no 1 (Microsoft India) was quite justified in refusing to sell the OEM to the appellant who was not the original equipment manufacturer. In short, we find no controversy of … For that matter any other provisions of the act,” COMPAT has said in the order.

Microsoft was represented by the law firm Amarchand & Mangaldas in the matter.

The complainant — law firm Singhania and Partners LLP — had alleged that Microsoft, with a market share of 90 per cent, was abusing its dominant position. It also alleged that business houses had to buy the overpriced volume licenses.

The Commission’s order, dismissing the complaint, had come on June 22, 2011.

The regulator did not find “prima facie” any substantial material against the claims that differential pricing strategy adopted by Microsoft raises competition issue.

Differing from the majority view, one of the Commission member had opined that Microsoft appeared to have exploited its monopoly in the software market and had asked for a probe by the regulators’ Director General.

The tribunal dismissed the petition along with the minority view of the CCI member.

The COMPAT bench, headed by its Chairman Justice V S Sirpurkar, said, “… We must express that we do not agree with the learned member in minority judgement”.

It also rejected allegations against Microsoft India that it maintains full control its various softwares through its licensing policy.

 

 

 

M J Antony: Quasi-judicial quibbles

http://www.business-standard.com/india/news/m-j-antony-quasi-judicial-quibbles/489039/

The RTI judgment is not just about the race to grab retirement jobs

M J Antony / Oct 10, 2012, 00:02 IST

 

Setting up quasi-judicial tribunals has almost always been accompanied by squabbles over their powers and appointment of members. The friction started soon after the launch of the Constitution. The first was over the nature and duties of industrial tribunals. The Supreme Court ruled in 1950 that though the tribunal was very much like that of a body discharging judicial functions, it is not a court in the technical sense.

Since then, more tribunals have been set up to ease the workload on regular courts. There are over 60 tribunals at the last count. Tribunalisation has spread to all sectors, covering some 24 ministries and departments.

In recent years, the establishment of some important tribunals had been stalled by constitutional challenges. The Supreme Court has delivered major judgments in the matter of administrative tribunals, company law tribunals, money laundering tribunals and others. More recently, the Competition Appellate Tribunal was embroiled in a controversy for several years. The composition of these tribunals was the main poser before the court.

Draftsmen in various ministries had excluded judges in these tribunals and appeared to pack them with their own tribe. When this imbalance was taken to the court, the judges gave room to their own retired brethren, on the threat of striking down the law. From a distance, it looks as if the feud is over who will get the post-retirement job — the civil servants or judges?

The same issue arose in a petition challenging the Right to Information Act as the draftsmen excluded judges and gave a clear edge to the babus. The Supreme Court followed the principles laid down in its earlier judgments and made a judicial member compulsory in the information commissions. In this judgment, Namit Sharma vs Union of India, there were a few pages about how shabbily the law was drafted. For instance, “anyone carrying on any business or pursuing any profession” cannot be a member of the commission. Pray, how else can one make a living?

Though the court had merely applied basic principles enunciated earlier, commentators and the media have surprisingly batted for the babus this time. The public image of judges is far above that of bureaucrats, but civil servants got unexpected support from commentators. Judges, who do not normally approach or influence the media, cannot speak out in defence because of their position, and one has to read the judgment once again to find out what they say.

As held in the industrial tribunal case, and several decisions over the decades, tribunals lead a double life. They take not merely ministerial decisions, but have many trappings of a civil court. An information commission decides disputes brought before it after calling both parties. It adjudicates issues as a court does, and often follows the civil court procedure. It gives a reasoned order. A party dissatisfied by the order can challenge the finding and appeal up to the Supreme Court. It has to perform investigative and supervisory functions. It can impose penalty. The commission has to interpret fundamental rights like Articles 19(1)(a) and 21 of the Constitution, as the wide expanse of the Right to Information and Right to Privacy have to be balanced.

If a commission does all these and more, it is not a mere ministerial body. Retired chief secretaries and expert members, however brilliant they may be, are not fully equipped for this essentially judicial task. In addition, civil servants might have glaring conflict of interest. Independence of the judiciary, a corner stone of the Constitution, is also involved.

Moreover, the court’s precedents and consistent views cannot be bypassed for information commissions, while the rest of the panels follow them. The talents of judges, who retire comparatively young these days, should be tapped for public benefit; otherwise they will sell them to corporate goliaths and acquire wealth they missed out while watching lawyers make all the money.

The media has reported devastating consequences of the judgment. Though the court stated that the new framework will be effective only prospectively, many commissions in large states like Maharashtra, West Bengal and Rajasthan reportedly stopped work raising imaginary doubts. Without even reading the judgment, it was alleged that only in this country judges sit on information commissions. Judges have examined information laws in the US, UK and Canada. All these democratic countries have given due weight to judicial qualification and experience of members of these commissions.

It is reported that the government might come up with a review petition. This is an opportunity to clarify the situation, like the age issue. Members of the commissions retire at 65 and judges also retire at that age, creating a riddle. Moreover, there are hold-all phrases while prescribing qualification of members, like a person’s background in “social service” and “mass media”. Since the Act and rules do not define such expressions, the court has currently “read into” the provisions its own meaning. “Vague exclusions” and “uncertain inclusions”, as the court put it, mar the Act as it stands now. Meanwhile, the information commissions should start functioning.

 

 

 

 

 

 

NCW condemns atrocity on MP woman

http://www.business-standard.com/generalnews/news/ncw-condemns-atrocitymp-woman/66446/

Press Trust of India / Morena (MP) October 09, 2012, 21:45

National Commission for Women (NCW) has condemned as “shameful” the incident where a married woman was allegedly paraded naked in a village near here last month over a land dispute.

NCW member Charu Vali Khanna met the 50-year-old victim, a resident of Balalpur village in the district, yesterday.

Later, she directed the district administration to pay adequate compensation to the woman and submit the case for trial in the Court at the earliest.

The woman was assaulted and paraded naked by a group of men when she opposed them for beating her husband over a land dispute on September 30, Khanna told reporters.

The men had an old land dispute with the woman’s family.

Describing the incident as “shameful”, Khanna expressed displeasure over delay in police action against the accused persons.

 

 

 

Was there specific court order to probe Mayawati’s assets?

http://www.thehindu.com/news/states/other-states/cbi-can-probe-wealth-case-against-mayawati-supreme-court/article3981291.ece

J. Venkatesan

On review plea, Bench to seek clarifications from her, Centre and CBI

The Supreme Court on Tuesday issued notice to the Centre and the Central Bureau of Investigation on a plea seeking review of its judgment granting Bahujan Samaj Party supremo Mayawati relief in a disproportionate assets case.

A Bench of Justices P. Sathasivam and Dipak Misra issued notice to Ms. Mayawati also

When senior counsel Shanti Bhushan, appearing for intervener Kamlesh Verma, insisted on a direction to the CBI to continue the probe against the former Uttar Pradesh Chief Minister, the Bench said it would seek clarifications from the respondents whether there was a specific court order directing registration of a first information report to probe her alleged disproportionate assets.

The Bench had on July 6 quashed the FIR registered by the CBI alleging that she acquired assets disproportionate to the known sources of her income, on the ground that there was no specific order for a probe into the disproportionate assets and that the court order was confined to irregularities in the Taj Corridor project.

Now Justice Sathasivam told counsel that the orders referred to by him were cited earlier also and the court took them into consideration while giving the July 6 judgment. Mr. Bhushan said that during the course of the probe into the Taj case, the CBI unearthed huge disproportionate assets and a separate FIR (No. 19) was registered.

Status report on FIR 19

Counsel read out the various orders passed by the Supreme Court and said the CBI had filed several status reports on its investigation. A status report in respect of FIR 19 was filed by the CBI on July 19, 2004 and that day the court granted it three months to complete the investigation. Finding no connection between the facts found in this case and the Taj Corridor project, the court also de-linked FIR 19 and granted the CBI liberty to proceed with the probe and take action on the basis of its investigation in FIR 19, he said.

Justice Sathasivam asked counsel: “Do you think this court is protecting her [Ms. Mayawati]? We only said there was no specific direction to probe her disproportionate assets. This does not bar the CBI from initiating fresh action independently if there is material. Is there an impediment to the CBI to undertake a probe?”

Justice Misra told counsel: “They can approach the Central government to take up fresh investigation against her. We never said that CBI has no power to investigate. There is no prohibition. It [CBI] can do so, but has to get sanction from the State government.”

Mr. Bhushan said: “When there is a specific order, the probe should be allowed to continue. No political party will give sanction against another political leader. It is only the court which can give a direction for conducting the probe.”

After Mr. Bhushan pointed out the relevant order passed by the Supreme Court for conducting the investigation against Ms. Mayawati, the Bench issued notice and told counsel that it would seek clarification on this aspect.

 

 

 

 

Cauvery water dispute: Karunanidhi asks Centre to dismiss Karnataka government

http://ibnlive.in.com/news/cauvery-water-dispute-karunanidhi-asks-centre-to-dismiss-karnataka-government/299505-37-64.html

CNN-IBN

New Delhi: DMK chief M Karunanidhi has asked the Centre to dismiss the Karnataka government as the state has not released 9000 cusecs of river water to Tamil Nadu, defying a Supreme Court order. The Tamil Nadu government has said that it will file a contempt petition in the Supreme Court against Karnataka. Karnataka is also planning to file a review petition before the Cauvery River Authority.

Karnataka stopped releasing the Cauvery river water to Tamil Nadu late on Monday night, hours after the state informed the Supreme Court that it was in no position to continue the water flow from Monday night, a senior official said. The five crest gates of Krishanaraja Sagar (KRS) reservoir in Mandya, about 80 km from Bangalore, through which Cauvery water was being released to Tamil Nadu were shut.

Hundreds of farmers gathered at the reservoir to try to prevent water release raised slogans welcoming the stoppage when Janata Dal-Secular legislator CS Puttaraju, who had led them, confirmed that water flow had stopped. Earlier on Monday, Karnataka Law Minister S Suresh Kumar told reporters in New Delhi that senior counsel Fali Nariman representing the state had informed the Supreme Court that the state was in no position to release the water from Monday night.

There was no comment from the court on this submission nor did Tamil Nadu advocates raise objection to it, he said. The submission was made when the Supreme Court was hearing Karnataka’s plea to immediately allow the state to stop water release to Tamil Nadu. Karnataka moved the court as it had on September 28 pulled it up for not obeying the September 19 ruling of Prime Minister Manmohan Singh as head of Cauvery River Authority (CRA) that it should release 9,000 cusecs of water to Tamil Nadu from September 20 to October 15.

Karnataka began releasing water on September 29 which had led to daily protests in Bangalore and Cauvery basin districts of Mandya, Mysore and Chamarajanagar – 80 km, 130 km and about 200 km respectively from Bangalore. Karnataka had also been pleading with the prime minister to review and stay his ruling.

The Supreme Court bench of bench of Justice DK Jain and Justice Madan B Lokur also clarified that their September 28 order “shall not in anyway be an impediment in the way of chairman CRA to take decision on review application by the Karnataka government”. Soon after the clarification, Chief Minister Jagadish Shettar announced in New Delhi that the state would file another appeal to the CRA to withdraw the September 19 order.

Earlier, a delegation of central ministers from Karnataka, External Affairs Minister SM Krishna, who hails from Mandya, Labour Minister Mallikarjun Kharge and Minister of State for Railways KH Muniyappa met Manmohan Singh and urged him to immediately review his September 19 ruling. A team of 16 Bharatiya Janata Party (BJP) parliament members from the state also met Manmohan Singh with the same plea.

However, immediate review by the prime minister was unlikely as the central government stand is that he gave the ruling as CRA head and only a meeting of CRA can do so. The CRA, headed by the prime minister, comprises central water resources minister and chief ministers of Karnataka, Tamil Nadu, Kerala and Puducherry, all of which have a share in Cauvery water. Central Water Resources Minister Pawan Kumar Bansal, who was present when the two teams met Manmohan Singh, reiterated the stand on Monday. He told reporters after the meeting that the prime minister had given the ruling on September 19 as head of CRA. It was not the decision of the prime minister but of the CRA and the CRA would have to meet to review the decision, Bansal asserted.

(With additional information from IANS)

 

 

 

 

HC notices to Speaker, MLA

http://www.business-standard.com/generalnews/news/hc-notices-to-speaker-mla/65964/

Press Trust of India / Cuttack October 09, 2012, 11:07

State Assembly Speaker Pradeep Kumar Amat and Bonai MLA Bhimsen Choudhury were issued notices by Odisha High Court today asking them to file their respective counter affidavits in response to the writ petition filed by BJP legislature party secretary Karendra Majhi.

A Division Bench comprising Chief Justice V Gopala Gowda and Justice B K Mishra directed the court registry to issue express notices to the Speaker and to the MLA by special messengers ordered to list the matter as soon as the counter affidavits are received from the respondents.

Majhi last month had filed the writ challenging the August 1, 2012 ruling of the Speaker in which the latter had rejected an application of BJP. The party had urged the Speaker to disqualify Choudhury as a member of the House since the latter had defied the party whip during the 2010 Rajya Sabha election voting.

But allowing Choudhury to continue as MLA, the Speaker had turned down the BJP application on the ground that voting for Rajya Sabha polls was not a proceeding of the House and the legislator was not inviting ‘disqualification’ for defying the party whip.

The Bonai MLA was elected on a BJP ticket but he has since been suspended from the party after the 2010 Rajya Sabha polling.

Maintaining that Choudhury had incurred disqualification for violating provisions of 10th Schedule of the Constitution, Majhi had filed the writ seeking to quash the August 1, 2012 ruling of the Speaker. The petitioner had also prayed the HC to declare Choudhury’s continuance as an MLA null and void.

 

 

 

 

Even Gandharv marriage legal if a child is born: HC

http://timesofindia.indiatimes.com/city/nagpur/Even-Gandharv-marriage-legal-if-a-child-is-born-HC/articleshow/16747391.cms

Vaibhav Ganjapure, TNN | Oct 10, 2012, 05.48AM IST

NAGPUR: The Bombay High Court’s Aurangabad bench has ruled that even Gandharv form of marriage could be legal one if a child is born to the couple. The court, while setting aside Family Court’s order that marriage was not proved between a farmer and his petitioner wife, asked the man to pay maintenance of Rs1,500 per month from June 2007 to her for entering into matrimony and subsequently cohabitating with for well over five years.

“The husband can’t be allowed to say that only for the purpose of having a son, he had kept relations with the present applicant by performing marriage in Gandharv form and he is treating his son only as a legitimate issue,” a single-judge bench of Justice TV Nalawade ruled. “The evidence of husband or the circumstance that he had first wife living, is of no help to the husband in view of the peculiar circumstances of the case,” he added.

According to Gauri Deshmukh, she had tied knot with Mangesh about eight years back as per Hindu rites and customs and had a son from him. After a couple of years, Mangesh allegedly started ill-treating Gauri and also forced her to bring Rs50,000 from her brother. She was later driven out of home as her brother failed to pay the amount. She lodged a police complaint and filed a case under Section 125 of CrPC for getting monthly maintenance from Mangesh in the Family Court. However it was dismissed as she failed to prove her relationship.

She then filed a revision petition in the high court contending that her husband had failed to provide her maintenance and she was unable to survive on her own. She claimed that her in-laws owned 35 acres of irrigated land and Mangesh’s annual income was over Rs50 lakh and demanded maintenance of Rs5,000 per month from him. Mangesh denied marrying Gauri with Hindu rituals and any relationship with her. He contended that he already had a wife but since he couldn’t get any issue from her, he entered into a wedlock with Gauri in Gandharv style.

While declining to provide her maintenance, Mangesh argued that Gauri was a vegetable vendor with sufficient income. He added that though he possessed agriculture land, he was not generating sufficient income to provide her maintenance. “Admittedly, there was cohabitation of more than five years and a son is born out of this wedlock. The husband is not denying the paternity of the child and on the contrary, he wants to treat him as a legitimate child. In view of these circumstances, this court holds that the wife has given sufficient evidence for proof of marriage for the purpose of proceeding under Section 125 of CrPC,” Justice Nalawade ruled and also imposed a cost of Rs1,000 on husband.

(Names of litigants changed to protect identity)

 

 

 

 

 

 

Sebi to move Supreme Court over SAT’s order on Jaiprakash Associates’ promoters

http://economictimes.indiatimes.com/markets/regulation/sebi-to-move-supreme-court-over-sats-order-on-jaiprakash-associates-promoters/articleshow/16738829.cms

Sebi plans to move the Supreme Court, challenging a recent order passed by the Securities Appellate Tribunal exonerating Jaiprakash Associates Ltd’s executive chairman Manoj Gaur and his family.

MUMBAI: Capital market regulator Sebi plans to move the Supreme Court, challenging a recent order passed by the Securities Appellate Tribunal exonerating Jaiprakash AssociatesBSE 2.58 % Ltd’s executive chairman Manoj Gaur and his family from insider trading charges, said two persons familiar with the development.

Last week, the quasi-judicial body struck down the orders passed by Sebi against Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur after it observed that the regulator was unable to bring any direct or circumstantial evidence on record to show that unpublished price sensitive information (UPSI) was passed between the Gaur family members and trading was done based on it.

The tribunal also observed that Manoj Gaur’s wife and brother traded in shares which were less in numbers compared to their holding in the company.

“If Mr. Manoj Gaur had passed on UPSI to Mrs. Urvashi Gaur and she traded on the basis of that UPSI she would not have traded in 1000 shares only,” the SAT order said. As on March 23, 2012, Urvashi Gaur was holding 59,045 shares of the company.

“We cannot lose sight of the fact that the company is a widely held listed company with a paid up capital divided into 212,64,33,182 equity shares out of which promoter group holds 44.44 per cent. It is a large infrastructure company engaged in highways,cement, power and education sector and the executive chairman of such company would not like to risk the reputation of himself and the company for 1000 shares,” SAT said.

The tribunal however upheld the charge of insider trading against two other company officials.

In January this year, the regulator had found Manoj Gaur,his wife Urvashi Gaur, brother Sameer Gaur, S D Nailwal, wholetime director of the company, and Harish K Vaid, senior president corporate affairs and company secretary guilty of insider trading and had imposed a total fine of Rs 70 lakh on them.

 

 

 

 

PIL against Ramni’s post in Sai Baba Trust dismissed

http://www.business-standard.com/generalnews/news/pil-against-ramnis-post-in-sai-baba-trust-dismissed/65910/

Press Trust of India / Shirdi/Mumbai October 09, 2012, 11:06

Observing that it was not inclined to hear the matter, the Bombay High Court has dismissed a PIL that sought to challenge the appointment of K V Ramni as Advisory Committee head of IT department of Shri Sai Baba Sansthan in Shirdi.

Ramni is Managing Director of Shirdi Sai Baba Trust, Chennai, and considered an expert in computer technology. He was appointed on this honorary post for a period of five years in October 2008.

Justices Naresh Patil and A B Chaudhari recently observed that petitioners had not made any representation to the respondent state in respect of the contentions raised herein.

“On the material made available before his Court as on today, we are not inclined to exercise our jurisdiction to entertain this public interest litigation. PIL is dismissed”.

Ramni had donated Rs 100 crores for construction of a tourist rest house ‘Sai Ashram’ at Shirdi. He had requested allotment of seven per cent rooms to him.

However, in October 2010, Shirdi’s Sai Baba Trust resolved to allot 20 rooms in the Ashram to Ramni, besides allowing him to open an office for his trust in the premises of Sai Ashram, the PIL alleged.

The PIL, filed by Shirdi residents, Sandeep Kulkarni and Uttamrao Shelke, has questioned the decision of Shirdi Sai Baba Sansthan to allow Ramni to start the office of his Chennai-based Shirdi Sai Baba Trust in ‘Sai Ashram’ at Shirdi.

The PIL alleged that Ramni, by paying a huge donation of Rs 100 crore, had influenced the Sai Saba Sansthan to appoint him as the head of IT department of the Trust.

The PIL prayed that Ramni’s appointment in this post was illegal ab-initio (right from beginning) and was an outcome of an illegal resolution which was basically against the preamble and object of a special statute enacted by the government in 2004 for Sai Baba Sansthan.

The PIL further said the name of Ramni’s trust is deceptively similar to the Sai Baba Sansthan in Shirdi. Due to similarity in the names of the two trusts, there is a strong possibility of collection of donations from devotees by Ramni’s trust in Shirdi, the PIL argued.

 

 

 

 

Court rejects Salman petition for car sale

http://www.indianexpress.com/news/court-rejects-salman-petition-for-car-sale/1014518/0

A magistrate court in Mumbai on Monday rejected actor Salman Khan’s application that stated he wished to sell the car he had driven at the time of a hit-and-run incident in 2002. The court passed the order on the application on Monday, said public prosecutor B B Yele. “Khan’s application stated he was no longer able to maintain the car and thus he wanted to sell it.”

In September 2002, Salman’s car had rammed into a bakery in Bandra, killing one person and injuring four. The trial in the case against Salman Khan, in which he has been booked under Section 304A (death by negligence) of the Indian Penal Code is pending.

A public interest litigation (PIL) had been filed in the Bombay High Court soon after the incident by senior journalist Nikhil Wagle. The PIL, which has recently come up for hearing, demands that the punishment for the offence of death by negligence should be increased from two years to ten years.

Kin yet to get compensation

In 2002, the Bombay High Court had directed the payment of compensation to the kin of the person who died as well as those injured in the accident. The High Court was recently told that the kin of the deceased was yet to receive the Rs 10 lakh compensation, although it was deposited by Salman Khan.

Khan’s counsel Ashok Mundargi told Newsline, “There are multiple applications filed by several relatives of the dead person, Nurullah Sharif, which is creating difficulties in the disbursement of compensation.”

Mundargi had told the court that the delay in disbursement of compensation is due to a “dispute between the kin of the person.”

However, Nurullah’s lawyer Bhagyashree Jakhade said, “There is no dispute as such and there are only two applications filed for the purpose, both of which are pending. One of the applications was filed by Nurullah’s mother when his son was still a minor. That application was also filed on his son’s behalf. After his son attained the age of majority, he also approached the High Court’s legal services committee with an application. This is the only confusion in the matter.”

 

 

 

 

 

Sweeping powers for VC in Odisha University of Agriculture and Technology Bill

http://timesofindia.indiatimes.com/city/bhubaneswar/Sweeping-powers-for-VC-in-Odisha-University-of-Agriculture-and-Technology-Bill/articleshow/16747007.cms

Ashok Pradhan, TNN | Oct 10, 2012, 05.01AM IST

BHUBANESWAR: The Odisha University of Agriculture and Technology (OUAT) Bill 2012, which was introduced in the assembly in the monsoon session recently, proposes to curtail the role of elected representatives in the varsity affairs while giving sweeping powers to the vice-chancellor.

If the Bill becomes an Act, incumbent vice-chancellor Debi Prasad Ray will automatically get a two-year extension after his current tenure ends in December. Ray’s re-appointment for a second term for three years from December 2009 had invited a public interest litigation, (PIL) which is still pending at the Orissa high court.

Consolidating the VC’s powers, the bill proposes to allow the VC to nominate three members to the varsity board of management (BoM), the apex decision making body of the university. As of now, the VC can not nominate anyone to the panel. Besides, the Bill proposes to include only one MLA in the BoM, contrary to the present custom of having two legislators on the panel.

“The BoM is the apex body to ensure checks and balances in the VC’s functioning. If he or she manages to have his own people in the apex body, there would be no mechanism to scrutinize his or her functioning,” said a former VC of the varsity on condition of anonymity.

According to Clause 24 (7) of the Bill, the VC will hold office for a period of five years or until he attains the age of 70 years, contrary to the existing provision of appointment for a period of three years or till the age of 65. According to Section 50 (2) (C) of the Bill, the incumbent VC would continue in his position for two more years. Ray’s current term ends on December 17.

Ray is at present enjoying his second term in the office. His first stint at the varsity was from December 2006 to December 2009. Challenging his second term appointment, advocate Madhusudan Panda had filed a PIL in the Orissa high court, stating that it violated the norms of University Grants Commission (UGC) and Indian Council of Agricultural Research (ICAR). The UGC and ICAR norms prevent a second term appointment.

Dr Bhagirathi Senapati, a former OUAT VC, said the tenure of a VC should be uniform in all state universities. “OUAT should not be singled out to make the VC’s term five-year-long as it is three years in other universities,” he said.

When contacted, Ray said the new Bill was in accordance with the model ICAR Act. “The Bill has gone through various government departments and the state cabinet before being introduced in the assembly in the monsoon session. It is not as if I have manipulated something to get a further extension. I will leave the university after my current term ends,” he said.

When pointed out that the model ICAR Act 2009 doesn’t recommend VC’s nominees to the BoM, he said, “The government must have introduced the Bill after properly going through all the aspects. It is now up to the government to take a decision,” Ray said.

The Bill, which will replace the OUAT Act 1965, also proposes to abolish the post of ex-officio pro-chancellor, occupied by the state agriculture minister. “It is just an ornamental post with no executive role,” the VC said, justifying the move.

Contrary to the ongoing practice of two MLAs being made members of the BoM, only one law maker will be a BoM member. Bhubaneswar-Ekamra MLA Ashok Panda said when the matter would come up for discussion in the assembly, all these issues would be discussed. “I will place my views in the assembly. It is too premature to comment on the matter now,” Panda said.

 

 

 

 

 

Fake bail bond scam: CBI for scientific tests on RPF men

http://www.business-standard.com/generalnews/news/fake-bail-bond-scam-cbi-for-scientific-testsrpf-men/66405/

Press Trust of India / Mumbai October 09, 2012, 20:35

The CBI probing the fake bail bond scam involving Railway Protection Force (RPF) personnel has sought permission from a local court for conducting scientific tests on the accused officials.

“We have filed an application before the magistrate’s court to conduct scientific tests as the accused are not revealing anything”, said a CBI official.

One out of the 12 accused whom the agency want to take the test has filed a reply against undergoing the procedure, he said.

The case is likely to come up for hearing next month.

A PIL in this regard was filed by activist Samir Zaveri, who alleged that a group of RPF personnel posted at suburban Kurla railway station extorted money from persons caught for violating railway norms by posing as magistrates and issuing fake bail bonds.

A division bench of Justice Ranjana Desai and Justice R V More had transferred the probe to CBI in August observing that the Government Railway Police (GRP) was conducting a “tardy and slow” investigation.

The bench was to transfer the probe into the scam to the State Crime Investigation Department (CID) but later sought information from CBI as to whether it was probing into any case pertaining to corruption by RPF personnel.

The court had sought the information after going through a report submitted by former Deputy Inspector General A V Jha of RPF stating that the CBI was seized of the matter regarding illegal gratification, in which, several RPF personnel were accused.

Zaveri, in his PIL had alleged that a head constable acted as a magistrate and granted bail to the offenders and the money collected was misappropriated by the RPF personnel.

 

 

 

 

Jaipur: Residents challenge collection of waste charges on power bills

http://daily.bhaskar.com/article/RAJ-JPR-jaipur-residents-challenge-collection-of-waste-charges-on-power-bills-3904564-NOR.html

DNA | Oct 10, 2012, 06:05AM IST

Jaipur: State government’s controversial decision to levy waste disposal charges in electricity bills has been challenged in the Rajasthan High Court on Tuesday.

Mansarovar Residents Welfare Society’s president Hari Singh Nathawat has filed a Public Interest Litigation (PIL) questioning the logic of including waste disposal charges in electricity bills. “What is the link between garbage disposal and electricity consumption,” the petitioner asked in the PIL.

The state government through a notification on July 25 had included waste disposal charges in the electricity bills of consumers for door-to-door garbage collection and cleaning of roads and drainages.

 

Charges Rs 100 to 300 had been imposed on electricity consumption of Rs 1000 to Rs 10000.

Claiming this would an additional burden on the public, the PIL has asked for equal sharing between the central government, state government and consumer.

 

 

 

 

Religion-based education schemes violate Constitution: Guj HC

http://articles.timesofindia.indiatimes.com/2012-10-09/news/34342154_1_scholarship-scheme-education-schemes-adam-chaki

Oct 9, 2012, 10.18AM IST

AHMEDABAD: The Gujarat high court on Monday held the Government cannot give monetary benefits to any community on the basis of religion as such a move will violate Constitution that bars discrimination on religious ground.

A Division Bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala made this observation while hearing a Public Interest Litigation (PIL), which sought directions to the Gujarat government to implement a Centre sponsored pre- metric scholarship scheme launched nationwide in 2008. The PIL was filed by a Congress leader from Kutch, Adam Chaki.

However, the Bench declined to give any direction since a contradictory view was taken by another Division Bench of the high court earlier on a similar petition.

Instead, it referred the issues raised in the PIL to a larger bench, which would decide if the pre-metric scholarship scheme for students from minority communities was violative of the Constitution and whether the high court can direct a state government to implement the scheme.

The Bench noted held that government cannot give monetary benefits to a community on religious lines as such a move was in violation of Article 15(1) of the Constitution.

“There cannot be scope of conferring monetary benefits based on religion,” it observed.

The Central scheme is targeted at pre-matric students belonging to religious minorities whose parents have annual income below Rs 1 lakh. Under it, the Centre gives 75 per cent of the scholarship amount while states have to bear the rest.

The Gujarat government had refused to implement the scheme, saying it was discriminatory in nature. The government had further said it was providing scholarships to poor students of all communities.

In 2010, a Division Bench had upheld the Centre’s funding of schemes related to minority welfare.

 

 

 

 

 

Kalpakkam has all facilities to deal with emergencies: Govt

http://timesofindia.indiatimes.com/city/chennai/Kalpakkam-has-all-facilities-to-deal-with-emergencies-Govt/articleshow/16745821.cms

TNN | Oct 10, 2012, 02.26AM IST

CHENNAI: The state government has rejected arguments that mandatory safety and emergency medical preparedness was lacking at the nuclear power plant at Kalpakkam, and said there were enough trained medical and administrative personnel to tackle emergencies.

A counter-affidavit to this effect was filed before the first bench of the Madras high court comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam on Monday, when a PIL seeking compliance of guidelines pertaining to nuclear and radiological emergencies laid down by the National Disaster Management Authority came up for further hearing.

The PIL, filed by advocate M Vetriselvan, insisted on establishment of a super-multispecialty hospital and other amenities stipulated in the guidelines. Though the Madras Atomic Power Station (MAPS) at Kalpakkam started operation in 1983, these mandatory requirements were yet to be put in place, argued his counsel M Radhakrishnan.

However, denying the allegations, the government submitted that necessary off-site emergency network was available to deal with radiological consequences. Noting that the deputy director of health services in Kancheepuram district is the nodal officer for implementing protective and relief measures, the counter said protective and relief measures would be made available by the district administration.

Reiterating that the medical facilities available at Kalpakkam were fully equipped and geared up to handle radiation-related emergencies arising from the plant, the affidavit said that after the initial treatment at the first aid centre at the site and the Department of Atomic Energy hospital, patients could be treated at the Chengalpet government medical college hospital, and also at three government general hospitals in Chennai. If necessary, specialized hospitals such as Sri Ramachandra Medical College and Apollo Hospitals, which have burns wards and other facilities, would be put to use, it said.

As for facilities such as immunology laboratory, bone marrow bank and transfusion and stem cell harvesting, the counter said they were available at the two private hospitals. The PIL will be taken up for further hearing next week.

 

 

 

 

 

HC notice a shot in the arm for GP members

http://www.deccanherald.com/content/284259/hc-notice-shot-arm-gp.html

K Narasimhamurthy Kolar, Oct 9, 2012, DHNS

The Karnataka High Court notice issued to District In-charge Minister Varthur Prakash and Mulbagal legislator Amaresh is a positive development in favour of the Mustoor Gram Panchayat members.

The members had filed a public interest litigation (PIL) in the High Court against the State government and the district administration, complaining that the latter had failed to take action against unlicensed sand mining in Mulbagal taluk, regardless of repeated requests.

The divisional bench, which heard the case on Monday, sent a notice to Varthur, Amaresh and 20 officers. It has also strictly ordered that action should be taken against unlicensed sand mining and that a report on it be submitted by December 2.

A decision had been taken on July 2 to stop unauthorised transport of sand within the panchayat limits. The panchayat members had also submitted memoranda to the deputy commissioner on July 19, 20 and 23, requesting action against unlicensed mining, but the requests were ignored, the members detailed in the PIL.

N Venkataramegowda, former president of Mustoor Gram Panchayat, residents within the panchayat limits N C Jagadishwara, B N Changalarayappa, K Venkataramanappa, Shiva Parvathi Stree Shakthi Sangha president Radhamma filed the PIL, guided by senior advocate M Shivaprakash.

Other recipients

Notices have also been issued to the chief secretary of the State government; the secretaries of the departments for Industries and Mining, Small Irrigation, and Transport; the director of the Mining and Geology Department; the senior geologist in the Department; the joint director of the Irrigation and Mining Department; the executive engineer of the Department for Small Irrigation; the assistant executive engineer of the PWD; the Deputy Commissioner; the District Superintendent of Police; the Deputy Forest Conservation Officer; the tahsildars of Kolar and Mulbagal taluks; the police inspectors of Mulbagal and Nangali and the executive officer of Mulbagal Taluk Panchayat, among others.

There are three to 3.5 thousand residents in the Panchayat, which has about five villages. The residents depend on agricultural activities for their livelihood, using the land in Nagavara, Byatanur, Nangali and Mustoor.

The Gram Panchayat members complained in the PIL that the indiscriminate mining activities have been destroying the fertility of the soil near the water tanks in the villages and even reduced the level of underground water. In addition, the unlicensed transport of sand to Bangalore has affected agriculture, they said.

They added that officers in the Mining and Geology Department, the Police Department and the Revenue Department were fully aware of the rampant mining but chose to turn a blind eye to the illegal activities. “The officers have all fueled the development of the sand mafia. The Panchayat and the women’s forum members have continued to fight agains the sand mining, but have lost the battle having to face the power of position and wealth. Sand is continuously mined at 15 acres and 20 guntas of the Nagavara tank, 124 acres and 34 guntas of the Byatanur tank, and 210 acres of Mustoor tank,” the members said in the complaint.

“The rule that the Mining and Geology Department, Regional Transport Office and the Revenue Department should open check posts and prevent transport of sand mining has remained only on paper. The officers have clearly failed to fulfill their duties as defined by the Constitution,” they complained.

‘Act immediately’

Shivaprakash, who spoke to Deccan Herald on Tuesday, demanded that the concerned departments be instructed immediately to take necessary action against unlicensed mining of sand in the area. “A high powered committee should be formed to deal with the issue. It has also been requested that the officers personally recompense the farmers in Mustoor Gram Panchayat area, since the officers’ negligence and disregard for duty has caused the losses. The life of the people, natural conditions, underground water level and water bodies have all been wrecked because of the rampant mining,” he added.

Shivaprakash also demanded that all departments take action by December this year. “Varthur Prakash and Amaresh continue to make false promises at every meeting or function that the unlicensed sand mining would be brought to a halt and that crores of rupees have been released for the development of the district. We request them to consider the welfare of the district at least from now on.”

 

 

 

 

Atomic power station operated as per prescribed standards: TN

http://www.business-standard.com/generalnews/news/atomic-power-station-operated-as-per-prescribed-standards-tn/66457/

Press Trust of India / Chennai October 09, 2012, 22:15

Tamil Nadu government today submitted before the Madras High Court that safety features, security set up and emergency preparedness plans in the Madras Atomic Power Station, Kalpakkam, near here, are designed and operated as per the prescribed standards.

This was stated in a counter by the then Commissioner of Revenue Administration, K Gnanadesikan, to a PIL by one M Vetri Selvan, seeking a direction to the central and state authorities to implement the National Disaster Management Guidelines on nuclear and radiological emergencies in and around the atomic power station.

Gnanadesikan said the plant and site emergencies were handled by the site committee. The off-site emergency was handled by the district administration which included sheltering and evacuation. Offsite emergency drills were conducted once in two years to create and ascertain awareness levels.

All doctors and paramedical staff of the surrounding villages were imparted awareness training prior to carrying out the exercise. The last such drill was done on July 13, 2011 by the National Disaster Management Authority.

The official submitted that the guidelines on management of nuclear and radiological emergencies laid down by the NDMA were being implemented in a phased manner. The counter also detailed the medical preparedness of the plant as per the NDMA guidelines.

 

 

PIL seeks direction for probe against Vadra

http://www.firstpost.com/fwire/fwire-india/pil-seeks-direction-for-probe-against-vadra-485042.html

Oct 9, 2012

A writ petition was filed today before Allahabad High Court’s Lucknow bench seeking direction for probe into allegation’s levelled by Arvind Kejeriwal against Robert Vadra, son-in-law of Congress president Sonia Gandhi.

Reuters

The petition was filed in the HC registry by Nootan Thakur who claims to be a social activist.

The petitioner sought a direction to the Prime Minister’s secretary for conducting an inquiry into the allegations related to transactions between Vadra and realty major DLF.

PTI

 

 

 

 

Block online access to controversial film: PIL in HC

http://timesofindia.indiatimes.com/city/chennai/Block-online-access-to-controversial-film-PIL-in-HC/articleshow/16745525.cms

TNN | Oct 10, 2012, 01.51AM IST

CHENNAI: Controversial promo of the movie – Innocence of Muslims – reached the doorsteps of the Madras high court, with a public interest writ petition being filed to block access to the material available online.

A division bench of Justice Elipe Dharma Rao and Justice Aruna Jagadeesan, before which the PIL filed by advocate K M Aasim Shehzad came up for admission on Tuesday, directed the registry to post the matter before some other bench for hearing.

When the matter was taken up, counsel for the petitioner Sanjan Pinto submitted that the material was still accessible in India, and wanted the court to direct the union ministry of communications and information technology, besides Google India Pvt Ltd to enforce blockade and ensure the film was not accessible in India.

In the petition, Shehzad listed the links where the offending material was available and pointed out that several countries had banned and blocked the promo. Noting that the film contained racist, anti-religious anti-Muslim hate speech, he said it was the statutory duty of the Central authorities to ensure that the fundamental right of citizens to freedom of religion was protected.

 

 

 

 

PIL seeks special buses for school children

http://www.thehindu.com/news/cities/Madurai/pil-seeks-special-buses-for-school-children/article3978555.ece

Special Correspondent

A public interest litigation petition has been filed in the Madras High Court Bench in Madurai to frame special rules governing the transport of school children in government buses, autorickshaws and vans as it had been done in the case of private school buses.

A. Arunothayam Erskine of a non-governmental organisation based in Virudhunagar district had filed the case through his counsel R. Narayanan. The petitioner stressed that his plea must be considered seriously as more than 60 per cent of school students travelled in vehicles other than school buses.

Claiming that the State government had issued 27.2 lakh free bus passes to school children, Mr. Erskine said that most of them had to travel on footboard in congested buses and suffer humiliation at the hands of bus drivers and conductors for travelling free of cost.

He said that girls and physically challenged children faced physical as well as mental abuse from some unruly elements while travelling in public transport. Many a times, the government buses did not halt at bus stops thereby making the school going children run behind the vehicles for a long distance.

The petitioner suggested that the government could consider operating special buses exclusively for the use of school children on the lines of those operated for women alone. The drivers and conductors of those buses could be sensitized on the need to treat them properly and behave responsibly.

 

 

 

PIL alleges graft in land allotment in Noida, Greater Noida

http://timesofindia.indiatimes.com/city/allahabad/PIL-alleges-graft-in-land-allotment-in-Noida-Greater-Noida/articleshow/16743071.cms

TNN | Oct 9, 2012, 09.49PM IST

ALLAHABAD: A PIL has been filed in the Allahabad high court seeking CBI probe into the allotment of land in Noida and Greater Noida to hotel management and builders at throwaway prices between 2001 and 2011.

This intervention application has been filed in a PIL wherein posting of two senior IAS officers, Rakesh Bahadur and Sanjeev Saran, in Noida authority has been challenged.

Rakesh Bahadur is posted at Noida as chairman, while Sajeev Saran is the CEO.

The bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel on Tuesday fixed to hear this PIL filed by advocate Renu Singh on October 17. This plea will be heard by the bench along with a PIL filed by Madhav Samaj Kalyan Samiti against these two IAS officers.

The PIL has alleged embezzlement in allotment of farmers land in Noida to the hotel management and builders.

 

 

 

 

 

SC asks panel to spell out stand on endosulfan

http://www.deccanherald.com/content/284264/sc-asks-panel-spell-stand.html

New Delhi, Oct 9, 2012, DHNS:

Apex court concerned at economic impact of ban

The Supreme Court on Tuesday asked an expert committee to tell in definite terms if the use of pesticide endosulfan could at all be permitted in the country or it would be in greater human advantage to ban it in entirety.

A bench asked a slew of questions to the committee, including the exact quantity of all forms of endosulfan formulations available in the country.

The court also wanted to know if it was possible to permit the export of the pesticide in case its use was not allowed here.

The Bench sought the response within six weeks while clarifying that it would not give further time to the committee as the PIL petition seeking permanent ban has been pending for over a year.

The court passed the fresh directions after noting that the committee which consisted of, among others, Director-General, Indian Council for Medical Research (ICMR) and Commissioner, Agriculture provided no “satisfactory answers.”

“Needless to say that the matter is pending for over an year, we want a definite stand of Union of India,” the court said. The interim order banning use and manufacture of endosulfan was passed on May 13 on the Centre’s support.

The committee was told on August 5, last year, to conduct scientific study if the substance caused health hazard or environmental and ecological damage.

During the hearing, the court observed: “If we allow use of endosulfan, it creates human crisis, if we continue with ban, it creates economic crisis.” The remarks came after it was pointed out that it about Rs 1,232 crore would be required for disposing of the existing stocks.

The court decided to add Director-General Health Services, one scientist each from Agriculture Ministry and ICMR and Joint Secretary, Plant Protection, Agriculture Ministry and Member Secretary, Central Pollution Control Board as members of the committee.

Senior counsel Krishnan Venugopal, appearing for PIL petitioner Democratic Youth Federation of India, submitted that when report of the committee emanated from the agriculture side, it tried to circumvent the order of the court banning the use of the pesticide.

The director of ICMR could not confirm that there was no consequence on human health due to its use, he said.

Framing fresh additional issues for consideration, the Bench told the committee to hold its meeting within one week and also inform it in case, the use of endosulfan was not permitted, if it was possible to destroy the available endosulfan and cost, required in it, along with economic ramifications of such a decision.

The court, while posting the matter for passing direction for November 20, said, “We make it clear we will not be inclined to give any further time to government on the matter.” The Centre had constituted the joint expert committee having members among others from National Institute of Animal Health, a group of epidemologists and immunologists to suggest measures on the issue.

The committee submitted its report on August 24 saying that, except in Kerala and Karnataka, the ban might not be imposed because no negative impact of this pesticide on crops, human and animal health and environment had been reported in other states.

 

 

 

 

Amit Jethava murder: CBI registers case

http://www.expressindia.com/latest-news/amit-jethava-murder-cbi-registers-case/1014590/

Express news service

Posted: Oct 10, 2012 at 0444 hrs IST

New Delhi The CBI on Tuesday registered a case in connection with the 2010 killing of Gujarat-based RTI activist Amit Jethava in which a state BJP MP is a suspect.

The agency started probe on the instructions of the High Court which had handed over the case to CBI and criticised the state police for their shoddy investigations in the murder in which BJP MP from Junagadh Dinu Bogha Solanki’s nephew Shiva Solanki was arrested for allegedly carrying out the killing but the MP was given a clean chit.

The agency has lodged the FIR against unknown persons under Section 302 (murder) of IPC, CBI sources said.

The team of special crime unit would soon be reaching Ahmedabad to initiate its probe in the case, they said.

A RTI and environment activist, Jethava, who had filed numerous RTI applications and a PIL against illegal mining in Gir forest region, was shot dead outside the Gujarat High Court on July 20, 2010.

The killing had sparked an uproar among the RTI activists across the country who raised concerns over the safety of such whistleblowers.

His father Bhikabhai Jethwa had sought a CBI probe alleging that Dinu Bogha Solanki was behind the murder.

In his plea before the High Court, Bhikabhai has alleged that state police had not properly probed the case and the state government was shielding the BJP MP.

The division bench of Justices D H Vaghela and J C Upadhyay, on September 25, while handing over the case to CBI had observed that investigation in Jethava murder case was “far from fair, independent, bona fide or prompt”.

The High Court had also rapped the state police for its shoddy probe.

“It has come on record that Shiva Solanki (nephew of BJP MP and prime accused in the case) and DB (Dinu Bogha Solanki) were living together in a joint family and no investigator could have been easily satisfied with the statements that they did not interact in respect of the conspiracy to commit a capital crime,” it had said.

Police had arrested six persons including Shiva and sharp shooter Sailesh Pandya, who had shot at Jethava but it ruled out any involvement of Dinu Bogha Solanki in the murder.

The court later directed the police to specifically probe the role of the BJP MP but Solanki got a clean chit again.

Jethava had filed several petitions in the Gujarat High Court including a Public Interest Litigation in connection with illegal mining in Gir forests in Junagadh district which is a protected area and last home to Asiatic lions.

The bench while conceding the demand of the RTI activist’s father Bhikhabhai, had severely criticised the investigation into the case conducted by Gujarat police.

“The commission of murder, in the facts of the present case, amounted to an affront to the judicial system and a challenge to implementation of an Act of Parliament, with national repercussions and has to be viewed seriously,” the bench had observed. It had asked the central agency to complete further investigation and file the report, preferably within six months.

“Murder of a petitioner in a PIL and an RTI activist, in front of the High Court, could be read as a clear message to the concerned citizens that they may have to pay by their lives, if they insist upon using the tools placed in their hands by law and approach the court for redressal of public grievance against some individuals,” it had said.

 

 

 

 

 

Not enough hospitals to deal with mental health issues: NHRC

http://www.business-standard.com/generalnews/news/not-enough-hospitals-to-dealmental-health-issues-nhrc/66700/

Press Trust of India / New Delhi October 10, 2012, 17:25

Rapid changes in lifestyle and work pressure contribute more to depression, but not many hospitals in India cater to such patients due to lack of training in dealing with mental health issues.

This view was articulated by National Human Rights Commission Chairperson K G Balakrishnan who said such issues should be given priority by medical practitioners.

“There are about 43 hospitals in the government sector and very few in the private sector that deal with these issues. Also there are no specific courses in the MBBS too that deal with the issues of mental health, despite the fact that they are on the rise due to anxiety and depression in India,” he said.

At a seminar organised by NHRC to mark Mental Health Day here, a study said issues of mental health are not given as much priority as other health problems in the country.

Suggesting the need for an insurance cover for mental health patients, Dr Prahima Murthy from the NIMHANS, Bangalore said there are better infrastructural facilities available in the hospitals across the country as compared to ten years back.

But, she said, the number of trained professionals are limited.

In most cases, patients of schizophrenia and paranoia are subjected to in-human conditions and human rights violations since most of them are forced to be treated by their family members at various religious institutions, said Prof Nimesh G Desai, Director of Institute of Human Behaviour and Allied Sciences.

The NHRC has proposed enactment of several mental health legislations to increase awareness amongst patients and family members.

 

 

 

 

 

Stephanians take roll row to rights panel

http://timesofindia.indiatimes.com/city/delhi/Stephanians-take-roll-row-to-rights-panel/articleshow/16745675.cms

TNN | Oct 10, 2012, 02.07AM IST

NEW DELHI: Stephanians do nothing by halves. They’ve gone as far as the National Human Rights Commission to reclaim for Rohtas the right to sell rolls from his dhaba on the college campus. A group of the college’s alumni – the Old Stephanian’s Association – has lodged a complaint with the NHRC after their online campaign and furious statement-issuing failed to elicit a response from college authorities. Their campaign was launched when the roll-ban was first discovered by teacher in mid-September.

The former students believe that the livelihood of Rohtas’ family – running the dhaba on the college premises for decades – will be severely impacted by the ban. The ban itself – imposed because the dhaba is allowed to serve only certain items (nimbu paani, gulab jamun) and not compete with the cafe – creates a situation in which it is no longer feasible for Rohtas to run the stall, argues Old Stephanian, Ashish Joshi. This, apparently, constitutes a “gross violation of principles of natural justice, human rights and denial of equal opportunity to Shri Rohtas, who along with his father late Shri Sukhia has been running the Dhaba in St Stephen’s College for more than fifty years,” as the note puts it. The college authorities had defended the move saying that considering Rohtas’ family does not pay anything for the space they occupy, they should not compete with the college cafe.

The Old Stephanians counter that Rohtas’ father once sold cigarettes and it was after the university banned cigarettes, “Rohtas was compensated for loss of income by allowing him to sell rolls etc.” Now that even that has been stopped, says the letter, “Rohtas has been economically deprived. Situation has been created that his small business would no longer remain viable and sustainable. Adverse conditions have been whereby he cannot run a viable and sustainable business.”

“At his age he cannot find another job,” continues the letter, “He will not be able to look after his family and the family will lose livelihood and hunger will stare at them.The treatment being meted out to Rohtas is at variance with humanitarian principles.”

Times View
The feeling of outrage at rolls being banned at this eatery may be entirely genuine, but surely it needs to be tempered with some sense of proportion. We very much doubt that the idea behind setting up the NHRC was to deal with violations of students’ rights to have the menu of their choice at college eateries. Raising this issue in such a forum only serves to trivialize the notion of human rights. The petitioners would be best advised to apologize to the NHRC for wasting its time and withdraw their plea.

 

 

 

 

Ban on tinted car glasses in Kokrajhar

http://timesofindia.indiatimes.com/city/guwahati/Ban-on-tinted-car-glasses-in-Kokrajhar/articleshow/16746976.cms

TNN | Oct 10, 2012, 04.57AM IST

KOKRAJHAR: District transport officials along with the traffic police of Kokrajhar on Monday have launched a massive drive against the use of tinted glasses in car windows or windshields following a Supreme Court order. Kokrajhar is second to Guwahati in being a part of such a directive.

District transport officials and the Kokrajhar traffic police were seen carrying out the drive by removing tinted glasses from cars at several locations in the town. Apart from private cars, few government vehicles with tinted glasses were also hauled up.

Kokrajhar MVI inspector D Shyam said the drive is being carried out following the directives of higher authority which came after the Supreme Court order. The Supreme Court had issued a ban on the use of sun control films and tinted glasses on May 2. The order was in response to a PIL which alleged that vehicles with tinted glasses were increasingly used for criminal activities including sexual abuse. The law enforcing authorities believe this order will help them control crime and even nab criminals as they can now easily identify people sitting inside a car.

Public too has welcomed the order and feel many untoward and anti-social activities would be controlled through this. The ban is applicable to all vehicles including government and police vehicles.

 

 

 

 

 

Non-hygienic conditions at slum; HC asks sr official to appear

http://www.business-standard.com/generalnews/news/non-hygienic-conditions-at-slum-hc-asks-sr-official-to-appear/65849/

Press Trust of India / New Delhi October 09, 2012, 11:03

Irked over alleged inaction of civic bodies in ensuring “hygienic” conditions at a slum here, the Delhi High Court today asked a senior Delhi Urban Shelter Improvement Board (DUSIB) official to appear before it and apprise it of steps taken in this regard.

“Do not make a person to come to the court before you (DSIB and MCD) finally act…Let the person concerned (Chief Engineer of DUSIB) appear in person next Monday,” said Chief Justice D Murugesan.

The bench, also comprising Justice Rajiv Sahai Endlaw, asked the civic bodies to file a status report by October 15, the next date of hearing, on steps taken by it to ensure healthy living conditions at Indira Kalyan Vihar slum at Okhla in South Delhi.

The court was hearing a PIL filed by NGO Conference For Human Rights India (CFHRI) through advocate Nanita Sharma alleging South Delhi Municipal Corporation (SDMC) and the DUSIB were “passing the buck” to each other, while shying away from their duty to ensure hygienic living conditions there.

The PIL has sought a direction to the civic bodies “to ensure clean, hygienic living conditions of the inhabitants of the slum at Indira Kalyan Vihar” as all drains in the area were found open and clogged.

“The whole slum colony stands by thick swarm of flies carrying germs of all types of diseases and posing risk of outbreak of an epidemic…

“Apart from the flies, what could be more infecting for the slum dwellers is a flurry of buzzing mosquitoes in every nook and corner of the slum, posing a great risk of outbreak of a lot of deadly diseases like malaria, dengue, chicken guinea, etc,” the petition alleged, adding that no action has been taken so far by the authorities.

 

 

 

Road rage victim brings Facebook campaign to real world

http://articles.timesofindia.indiatimes.com/2012-10-09/social-media/34341650_1_road-rage-car-stickers-road-discipline

Nitasha Natu, TNN Oct 9, 2012, 12.37PM IST

MUMBAI: A south Mumbai-based advocate, who had flagged off an online campaign against errant motorists, brought the battle offline on Saturday with a first-ever meet of all members to discuss how they could make an actual difference.

Armin Wandrewala, who founded the group Sanity on our Roads (SOOR) on Facebook, was herself the victim of a road rage case two years ago when a biker knocked her down as she chided him for breaking a signal. Following the incident, the Bombay Bar Association pursued the matter, which led to the filing of a PIL in court.

 

 

 

 

Why are residents of Raheja Gardens still thirsty: HC to PMC

http://www.punemirror.in/article/62/2012101020121010083516841a01b55e7/Why-are-residents-of-Raheja-Gardens-still-thirsty-HC-to-PMC.html

PMC, which entered into dev agreement with many builders that latter will provide drinking water for projects, says consumer court is an option

Vijay Chavan

Posted On Wednesday, October 10, 2012 at 08:35:11 AM

It’s an undertaking that is un-civic at best, and shady at the other end of the spectrum. While the Bombay High Court has directed the Pune Municipal Corporation (PMC) to reply to it over not providing clean drinking water to nearly 5,000 residents of Raheja Gardens housing complex in Wanowrie, the civic body itself is fighting shy of taking a stand.

The PMC gives the go-ahead to housing projects in areas where the civic body clearly states its inability to provide clean drinking water after the builder undertakes to provide the same. However, in case of violations of the undertaking by the builder, there is little the PMC will do for the aggieved flat owner apart from some friendly advice.

PMC superintending engineer (Water Supply) Narendra Salunke said, “In case there is a violation of the undertaking (to provide water) by the builder, the flat owners can approach a consumer court.
If the complaint comes to us, we can take action, like withholding building permission for future projects by the offending builder after verifying the charges. We have not maintained records of how many such societies have been built based on this undertaking.”

One of the oldest housing complexes in the city, Raheja Gardens comprises 945 flats.

The residents had filed a Public Interest Litigation (PIL) on February 21, 2012 after it was revealed via an RTI query that Raheja Builders and PMC had signed a development agreement, which stated that the construction of the scheme is allowed on the condition that it was the builder’s responsibility to supply water to all buildings in the layout, instead of the PMC.

The PIL named the municipal commissioner, Raheja Builders Group, the superintendent engineer of PMC’s water supply and drainage department and others as respondents in the case.

In their petition, residents have claimed that although they are paying water tax of Rs 12 lakh every year, PMC is denying them their basic right. On July 19 this year, the HC had directed Raheja Builders to look into the matter and take appropriate steps.

However, residents are now alleging that the builder is still supplying contaminated water, mixing it with PMC-provided potable water. They also furnished a laboratory analysis of the water, which stated that it is not fit for drinking.

Prakash Walde, a petitioner and resident, said, “I have purchased a water filter twice in one month. When the first purifier broke down, the company changed it during the guarantee period. When I insisted that the machine be changed again, the sales manager inspected the machine and told us that the water quality is very bad and no purifier will sustain in such water.”

A resident of Dahlia Society in Raheja Gardens, Mohammed Sayeed Merchant, said, “Water supplied by the builder is not potable. I buy mineral water for daily consumption as I have small children. It’s very expensive to buy water everyday.”

A J Mistry, secretary of Lily Society, said, “The water provided by the builder is so filthy that water purifiers break down. The builder’s new system to chlorinate it is also not appropriate. It is our basic right to get clean drinking water. We are the highest taxpayers here and are paying water tax too.”

The petition stated the PMC has not been supplying water though it is its responsibility as per the Bombay Provincial Municipal Corporations Act, and that Raheja Builders hid the fact about the development agreement at the time of handing over possession.

The PIL further stated, “The source of water is by an underground stream, which has seepage from a nearby sewage canal. It is an open canal where dogs, cats, pigs urinate. Solid waste including sanitary napkins, animal carcasses are dumped in it. The same water is alleged to be ‘treated’ and supplied to the residents of Raheja Gardens Complex.”

Advocate for the petitioners, Shirin Merchant, also a resident, said, “We have prayed that the court be pleased to issue a Writ of Mandamus under Article 226 of the Constitution of India, 1950, directing the respondent PMC and Raheja Builders to immediately start supplying adequate potable and pure drinking water to all the residents of the said Raheja Gardens Complex.”

The PIL prayed to direct the PMC to permanently refrain itself from sanctioning building plans based on undertakings given by builders and developers that they shall supply water to flat buyers.

It urged to direct that the civic body make it mandatory for such builders to annexe a copy of such undertakings to the flat booking agreements, to ensure that flat buyers are informed about such an undertaking.

The builder should regularly issue public notices in this regard in leading local newspapers, as well publish the names of such constructions on its websites permanently to be viewed by prospective flat purchasers.

The PIL urged that the PMC should refund the water tax that it has been collecting from the residents of Raheja Gardens Complex since its inception, showing the amounts received from each tenement.

A Peerzada, project manager with Raheja Builders, Pune and Sanjay Shinolikar, general manager, said they cannot comment on this issue as the matter is sub-judice. “The court will decide the further course of action. We have been providing clean water right from the first day,” Peerzada said.

Salunke added, “We’re yet to receive a copy of the HC order. We’ll submit to the court that we are ready to supply potable water after the existing water supply network is adequately expanded. As per the undertakings, till date the responsibility of water supply is with the builder.”

Advocate Aroona Nafday, convenor, Pune Forum for Flat Owners (PUFO), said, “There is no provision in any Act or in the DC rules that water cannot be supplied to residents. It is mandatory that the PMC supply water, as it is a basic right.

We’re hopeful the decision will be in favour of the concerned residents. Sanctioning of building projects should not be given if there is a water crisis. The concerned builder and PMC engineer should be slapped with criminal cases, as this is cheating.”

 

 

 

 

SC quashes liquor vend re-auction that ‘favored’ Ponty in 2004

http://timesofindia.indiatimes.com/city/chandigarh/SC-quashes-liquor-vend-re-auction-that-favored-Ponty-in-2004/articleshow/16747331.cms

TNN | Oct 10, 2012, 05.41AM IST

CHANDIGARH: In a major setback to the Punjab government, the Supreme Court (SC) on Tuesday dismissed the appeal filed by Punjab government against a seven years old verdict of the Punjab and Haryana high court, which had quashed the re-auction of liquor vends in various major cities of the state held in November 2004.

Re-auction of the vends conducted in November 2004 was found to be conducted in violation of Punjab Liquor Licence Rules, 1956 to benefit firms of Ponty Chadha at the cost of the state exchequer.

In its November 11, 2005 orders, a division bench comprising Chief Justice D K Jain and Justice Hemant Gupta of the HC had set aside the auction/re-auction done by the excise department and also directed that the amount deposited by Sanjeev Bhandari, an unsuccessful bidder, Rs 6.07 crores be remitted with interest.

In its order, the bench had also ordered action against all the government officials for conducting the re-auction in breach of rules and their failure to carry out the mandate of liquor rules and to safeguard the interests of the state.

Aggrieved, the Punjab government had moved SC in appeal to quash the said judgment.

However, contesting the state government’s appeal, senior advocate Mohan Jain had argued that the state exchequer had suffered a loss of Rs 11.78 crore in the re-auction process, which was done to favour Ponty of UP because it was conducted by changing the reserve price arbitrarily in contravention of the liquor rules.

Advocate Mohan Jain, who had appeared for Sanjeev Bhandari, had also contended that the excise department lowered the reserve price to Rs 75 per bottle so that the bidders, who belonged to the Ponty group, could take advantage of it. After the re-auction, he said, the authorities announced a loss of Rs 17.79 crores and then claimed improvement by reducing the loss to Rs 11.78 crores through negotiations with successful bidders.

After hearing the arguments, the appeal filed by the state of Punjab has been dismissed by the SC.

Box: Impact

The Punjab government will have to take action against all those state government officers involved, because of whom the state exchequer had suffered a huge loss. The state will have to return Rs 6.7 crores to Sanjeev Bhandari with interest from November 2004.

 

 

 

 

 

SC may allow tiger tourism in core reserve areas

http://timesofindia.indiatimes.com/home/environment/flora-fauna/SC-may-allow-tiger-tourism-in-core-reserve-areas/articleshow/16744861.cms

Dhananjay Mahapatra, TNN | Oct 10, 2012, 12.35AM IST

NEW DELHI: With the season of festivals and holidays drawing near, the Supreme Court on Tuesday served some good news for wildlife enthusiasts by indicating that it would lift the two-and-a-half month old ban on tourism in core areas of tiger reserves next week.

After additional solicitor general Indira Jaising informed that National Tiger Conservation Authority (NTCA) would notify new guidelines permitting regulated tourism in core areas within a week, the court fixed further hearing on October 16 and said on that day, it would “modify or vacate” its July 24 interim ban order.

A bench of Justices A K Patnaik and Swatanter Kumar realized that the court could not have passed the July 24 order on a special leave petition challenging an interim order of Madhya Pradesh High Court and said, “The Supreme Court could not in these proceedings either put a stamp of approval on the NTCA guidelines or quash them.”

After the interim ban, the NTCA revisited its guidelines on tiger reserve management, made a U-turn, and framed fresh guidelines giving importance to public participation in efforts to conserve tigers and recommended limited tourism in 20% of core areas under strict supervision of forest officials.

Given the legal status of the guidelines framed by NTCA under its statutory obligations, the bench said, “NTCA may therefore issue the formal notification notifying the comprehensive guidelines in accordance with the Wildlife Conservation Act. The additional solicitor general appearing for the NTCA submits that the requisite notification will be issued within a week. List the matter for further hearing on Tuesday, October 16, for consideration of the prayer for vacating/modifying the interim order.”

The SC’s July 24 interim order banning tourism in core areas of tiger reserves had cut off access to popular tourist destinations like Dhikala in Corbett National Park. It had brought politicians and environmentalists together in citing the importance of tourism in core areas for protecting the endangered big cat from poachers.

What the court was concerned about was rampant commercialization of buffer and core areas of tiger reserves without proper demarcation of these two important areas in protected forests. Its interim ban had shaken the NTCA to shed its lethargy and consult stakeholders before framing fresh guidelines on a war footing.

On July 9, the ministry of environment and forests (MoEF) had filed the ‘Guidelines for Ecotourism in and around Protected Areas’ in the apex court and said, “Any core area in tiger reserves from which relocation has been carried out will not be used for tourism activities.”

The guidelines were based on key recommendations of the Tiger Task Force (2005) and were in sync with Section 38(v) of the Wildlife (Protection) Act, 1972 (as amended in 2006), which defined core/critical wildlife habitats as such areas that needed to be kept inviolate for tiger conservation without affecting the rights of Scheduled Tribes or forest dwellers.

On September 26, the NTCA submitted new guidelines to the SC and said tourists were permitted to visit only 20% of core areas of tiger reserves and it was well within ecologically permissible levels.

Taking into account the court’s concern for tiger conservation, the NTCA had said conservation efforts must have public participation and regulated tourism was an effective and invaluable tool to harness community support for this purpose.

It had said, “With the importance of tourism in tiger conservation in mind, it is recommended that a maximum of 20% of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted.”

The core area is kept free of biotic disturbances and forestry operations, where collection of minor forest produce, grazing and human disturbances are not allowed. The Act defines buffer zone as the area peripheral to the critical tiger habitat or core area providing supplementary habitat for dispersing tigers, besides offering scope for co-existence of human activity.

 

 

 

 

Man ordered capital punishment

http://www.business-standard.com/generalnews/news/man-ordered-capital-punishment/65833/

Press Trust of India / Sambalpur (Odisha) October 09, 2012, 11:02

A local court ordered capital punishment to a man today for the murder of a minor girl after raping her last month.

District Sessions Judge Bibhu Prasad Routray ordered that Pradip Dalai be hanged till death for mercilessly killing the 7-year-old old girl and rigorous life imprisonment for raping her.

Dalai (27), a driver, was also convicted for tampering with evidence (section 201) and kidnapping (section 366) under the IPC.

The court had convicted the man October 1 and pronounced the death sentence today.

The girl, a standard two student, was playing with her friends on September 2 afternoon when Pradip lured her away on the promise of treating her to chowmein.

When the girl who called Pradip, a father of two, ‘mamu’ (maternal uncle) did not return even after night fall her family members launched a search and found her body in a bush in the early hours of the next day.

The girl, daughter of a daily wage earner, was found to have been raped and then strangulated during autopsy.

Pradip was arrested and forwarded to court the next day and chargesheeted within seven days.

Pradip is the sixth person to be awarded the death sentence in Odisha’s Sambalpur district in 58 years. One person was awarded capital punishment in 1954, followed by two in 1993 and another two in 2009. So far only the 1954 death sentence has been executed.

Dhananjoy Chatterjee was the last man to have been hanged to death in the country in 2004. He too was charged for raping and murdering a minor girl in Kolkata.

 

 

 

Man who staged wife’s murder as suicide gets life

http://www.business-standard.com/generalnews/news/man-who-staged-wifes-murder-as-suicide-gets-life/65853/

Press Trust of India / New Delhi October 09, 2012, 11:03

A man who had killed his wife by hanging her from ceiling and attempted to stage it as suicide has been sentenced to life imprisonment by a Delhi court.

Additional Sessions Judge Narinder Kumar convicted Feroze considering, besides other circumstances, the medical opinion which confirmed that the hanging was not suicidal but “homicidal”.

The judge also imposed a fine of Rs 10,000 on Feroze.

Feroze’s mother Mehrunisha was, however, let off by the court due to lack of evidence.

Feroze was found guilty of murdering his wife Tarannum, whom he had married in 2007, by hanging her from ceiling of their room on the intervening night of August 11-12, 2010.

Tarannum’s brother told police and the court that Feroze and his mother used to harass and beat her but it nowhere transpired if it was for dowry.

The court arrived at the conclusion that it was a case of murder and not suicide, considering the medical evidence that all injuries of the victim were fresh and death was due to asphyxia caused by homicidal hanging.

On the question as to who killed Tarannum, the court held Feroze guilty as he had deposed that he was sleeping with his wife in the same room and he found her hanging when he woke up late in the night.

“In the given circumstances, it was for Feroze to explain as to how did Tarannum suffer fresh injuries on her person. This goes to show that scuffle took place prior to Tarannum was hanged. The doctor has categorically opined that it was not a case of suicidal hanging,” the judge said.

The court also noted that Feroze’s conduct in not rushing to his mother to inform that his wife has hanged herself and not calling the police goes against him.

 

 

 

 

Transfer bail proceedings to Mumbai: Pandian to HC

http://timesofindia.indiatimes.com/city/ahmedabad/Transfer-bail-proceedings-to-Mumbai-Pandian-to-HC/articleshow/16747133.cms

TNN | Oct 10, 2012, 05.17AM IST

AHMEDABAD: One of the accused cops in the 2005 Sohrabuddin Sheikh fake encounter case, Rajkumar Pandian has requested the Gujarat high court to shift the court proceeding on his bail plea to Mumbai.

Pandian’s application came after the Supreme Court transferred the fake encounter case outside Gujarat on the request by the Central Bureau of Investigation (CBI). Justice R H Shukla adjourned the case till October 16, said the CBI counsel Yogesh Ravani.

Pandian argued in this case as party-in-person, and the local CBI court has now declared that the accused would not be in its custody as it was to hand over case papers to the high court for further transfer of case to Mumbai.

The suspended IPS officer has filed a bail application before the special CBI court on Mirzapur court campus. His earlier bail applications were rejected by the sessions court as well as the high court.

Last week, the high court refused to entertain a bail application filed by another accused cop, N K Amin. The high court did not act on the bail plea citing jurisdiction issue, particularly after the transfer of the case.

As per the chargesheets filed by the CBI as well as CID (crime), it was the former ATS SP Pandian who had gone to Hyderabad to abduct Sohrabuddin. However, apparently he made the trip as he had gone to inspect a bomb-blast site in Andhra Pradesh. He has also been accused of playing key role in elimination of the gangster and his wife Kauserbi after they were brought to Ahmedabad.

Pandian has also been named an accused in the Tulsiram Prajapati fake encounter, which took place a year after Sohrabuddin’s encounter. However, Pandian was never arrested by CID (crime), though he has been in judicial custody in another case for more than five years.

 

 

 

 

Twin murder case: Double lifer for six accused

http://ibnlive.in.com/news/twin-murder-case-double-lifer-for-six-accused/299235-60-118.html

Express News Service

Nearly a decade after two men were murdered in Kollakodai in Ponganur village in Jawadhu Hills, Additional District Sessions Court-III in Tirupattur on Monday sentenced six persons to double life imprisonment and imposed a fine of Rs 13,000 each.

Judge M Prakasan found the six accused, Jayabalan (34) and Thirumurugan (29) of Athimur village,  and Bala (alias) Balasubramani (21), Mosh (alias) Moses (21), Murugan (21), and Manikandan (19), all from Polur, guilty of the crime and sentenced them to double life imprisonment under Section 396 (dacoity with murder) of IPC and slapped a fine of Rs 10,000 each. He also awarded them seven years rigorous imprisonment and penalty of Rs 1,000 each under Section 395 (dacoity), seven years (RI) and penalty of Rs 1,000 under Section 302 (murder) of IPC and two years RI and Rs 1,000 fine under Section 201 (disappearance of evidence) of IPC, said Additional Public Prosecutor A Dilli Babu.

Jamunamaruthur Police registered a case against the the six accused and arrested them on December 21, 2002. Police investigations revealed that the accused had strangled Poochi (40) and Chinnapillai (37), who were on night watch at a farm, in the late hours of December 17 and robbed them. After dumping their bodies in a nearby well, they went to Poochi’s house in Ponganur assaulted his 15-year-old son Babu and escaped with gold jewellery from the house.

 

 

 

 

 

Sessions Judge acts on letter of imprisoned man for bail

http://www.ptinews.com/news/3037887_Sessions-Judge-acts-on-letter-of-imprisoned-man-for-bail

Mandi (HP), Oct 9 (PTI) Acting on a letter written by a prisoner lodged in Sub Jail Mandi to Sessions Judge, Mandi, the court granted him bail and asked him to furnish bail bonds and two sureties before a lower court.

Laxmender Pandey, a resident of Kalka (Haryana), wrote a letter to Virender Singh, Sessions Judge Mandi, seeking bail.

 

 

 

Court acquits youth of charges of kidnapping minor girl

https://apps.facebook.com/township/?fb_source=notification&request_ids=165335716937499&ref=notif&app_request_type=user_to_user&notif_t=app_request

Press Trust of India / New Delhi October 09, 2012, 17:05

A Delhi court has acquitted a youth of the charges of kidnapping a 14-year-old girl and forcing her to marry him, relying on her testimony that she was in love with him and had accompanied him of her own free will.

Additional Sessions Judge J R Aryan freed Bihar-native Sillan Kumar Das after considering the girl’s statement that she knew him for the past five years and had willingly gone to Bihar with him in December last year where they had married.

The prosecutor had argued that as the girl was less than 18 years of age, there was no question of her consenting for being taken away from her parents’ custody.

However, the court said, “Even if the girl was a little less than 18 years of age but if she has got married to accused and had accompanied him by her sweet consent and wish then offence of kidnapping or graver charge of kidnapping intended for some illicit purpose cannot be held to have been made out from the evidence of the girl and other evidence.

“Rest all witnesses in this case were formal and were only of supporting nature. Accordingly, prosecution case was closed. Accused is acquitted of the charge.”

According to prosecution, the girl’s parents had lodged a complaint that there minor daughter has been kidnapped by accused Das on December 29 last year when she had gone out.

The police said that the girl was kidnapped with an intention to force her into illicit relationship.

After the girl was rescued from Bihar, she was brought to Delhi in January this year and she told the court that she was in love with Das and had married him in Bhagalpur in Bihar with her consent.

 

 

 

Court awards lifer to duo for murdering cop

http://www.greaterkashmir.com/news/2012/Oct/10/court-awards-lifer-to-duo-for-murdering-cop-83.asp

SHAHID RAFIQ

Kupwara, Oct 9: A local court here on Tuesday convicted a duo for murdering a cop and awarded life term to them.
Principal Sessions Judge Kupwara, Shahzad Azem convicted Shabir Ahmad Bhat of Maratgam Handwara and Mushtaq Malla of Shatgund Maratgam after they were found guilty of murdering a cop, Abdul Gaffar Mir of Maratgam Handwara seven years ago.
After hearing arguments of the counsels representing the State and the accused, the court had on Wednesday last reserved its judgment on the petition which was announced on Tuesday.
The prosecution examined 14 witnesses during the trial and all of them corroborated the contents of the First Information Report.
The prosecution was able to prove the guilt of the accused under Section 302 (murder) of RPC and under section 7/25 of Arms Act, who were accordingly convicted and sentenced to life imprisonment by the court with a fine of Rs, 50000 each.
The court directed that Rs 30000 from the fine of each accused be provided to the next of kin of the victim. “In case of default the convict will have to undergo a further imprisonment of six months,” the court said in the 86-page judgment.
Emotional scenes were witnessed in the court room, when the judgment was being pronounced. The family members of the victim family hugged each other.
Reacting to the verdict of court, Zainab widow of the victim said “justice has been eventually done to us. We were waiting for the day when the killers would get the lifer”.
The constable Abdul Gaffar Mir of Badugh Kralgund Handwara was killed on September 6, 2006. A case under FIR under sections 302 of RPC and 7/25 of Arms Act  was registered in Police station Kralgund against the accused.
After concluding investigations, the police had apprehended the accused and chargesheet was presented in sessions court on August, 22, 2008.
The State was defended by senior public prosecutor Ghulam Muhammad Shah.
while the convicts were represented by counsels, Bashir Ahmad Dar and Mir Bashir Ahmad.

 

 

 

 

TP murder case transferred to Kozhikode court

http://timesofindia.indiatimes.com/city/kozhikode/TP-murder-case-transferred-to-Kozhikode-court/articleshow/16745255.cms

TNN | Oct 10, 2012, 01.16AM IST

KOZHIKODE: Vadakara judicial first class magistrate has committed the T P Chandrasekharan murder case to Kozhikode district and sessions court. Magistrate M Shuhaib transferred the case to the higher court as the procedures in the magistrate court had been completed.

The principal sessions judge, Kozhikode, will take a decision on the court where the case will come up for trial. The principal sessions judge himself can try the case or will forward the case to some other court.

Sources said there was very little chance for setting up a special court for the trial. “If the charges are framed by the court and the schedule fixed, trial can be finished within months,” a source said.

Meanwhile, Vadakara magistrate rejected the bail pleas of the accused, including P K Kunhanandan and K C Ramachandran. The accused argued that the chargesheet in the case was incomplete. But the court accepted the prosecution stand that only the larger conspiracy behind the case needed to be investigated.

 

 

 

 

 

Panel to look into sexual harassment cases within SC premises created

http://timesofindia.indiatimes.com/india/Panel-to-look-into-sexual-harassment-cases-within-SC-premises-created/articleshow/16745218.cms

TNN | Oct 10, 2012, 01.12AM IST

NEW DELHI: It took 15 years and a petition by 63 women lawyers for the Supreme Court Bar Association (SCBA) to set up a committee, as mandated in the apex court’s judgment, to look into complaints of sexual harassment within the premises of the highest court.

A month back, the women lawyers had petitioned the Supreme Court seeking implementation of its 1997 judgment in Vishaka case mandating that every office, including in the private sector, constitute a committee comprising mostly of women, to look into complaints of sexual harassment at the workplace.

The petitioners had said, “There is no forum in Supreme Court, or the courts below, for women to address the issue of sexual harassment experienced by them frequently at the hands of their colleagues and persons in whose contact they come in while discharging their duties as advocates.”

The issue was raised on Tuesday at the Supreme Court Bar Association’s executive meeting by assistant secretary Gaurav Bhatia and the body constituted a five-member committee to look into complaints of sexual harassment of women lawyers in the Supreme Court premises. It comprised senior advocates Altaf Ahmed and Pinky Anand and avocates Meera Bhatia, Kumud Lata Das and Sharbani Chakravarthy.

The women lawyers in their petition had said, “In order to sub-serve the ends of justice towards the women advocates who require protection from sexual harassment in court precincts, there is an urgent requirement that SC gives further directions in this regard.” They had requested the court to make them a party in a pending case relating to alleged physical violence against a female advocate in Delhi High Court.

As per the guidelines laid down in the 1997 Vishaka judgment, a committee headed by a woman and with a majority of women members had to be set up in the apex court, each HC and trial court so that such cases could be addressed and resolved, the women lawyers had said. “At present, there is no such forum and in the light of the case before the Supreme Court, such a committee is the need of the hour and should be immediately set up,” they had said.

 

 

 

Angry words prompting crime not abetment, says court

http://www.omantribune.com/index.php?page=news&id=129110&heading=India

NEW DELHI The Supreme Court has said that anything uttered in a fit of anger resulting in another person committing an offence or taking his life would not amount to abetment or instigation.

“The words uttered in the fit of anger or omission without any intention cannot be termed as an instigation,” a court bench of Justice BS Chauhan and Justice Fakkir Mohamed Ibrahim Kalifulla said in a judgment.

“The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted. The abetment may be by an instigation, conspiracy or intentional aid as provided under Section 107 of the Indian Penal Code (IPC),” said Justice Chauhan who pronounced the judgment.

Holding that the instigation had to be gathered from the circumstances of a particular case, the court said: “No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which forces the person to commit suicide.”

Referring to a scenario where in a case there may not be direct evidence of abetment, the judgment said: “In a particular case, there may not be direct evidence in regard to instigation which may have direct nexus to suicide.”

Having pointed to a situation of no direct evidence, the judgment said: “Therefore, in such a case, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which in fact had created the situation that a person felt totally frustrated and committed suicide.”

“More so” the court said: “While dealing with an application for quashing of the proceedings, a court cannot form a firm opinion, rather a tentative view that would evoke the presumption referred to under Section 228 Cr.P.C. (Court of Criminal Procedure)”

The Section 228 of the Cr.P.C. deals with the filing of charges says that a judge before committing a case for trial have to be satisfied that there are grounds for presuming that the accused has committed an offence.

Under the Section 228 Cr. P.C. the charges have to be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged with or claims to be tried.

The court said this while dismissing an appeal by one Praveen Pradhan who is accused of abetting the suicide of one Anuraj Singh.

In the complaint filed by the deceased Anuraj Singh’s brother, Ambreesh Singh it was alleged that Praveen Pradhan had been compelling his brother for long to indulge in several wrongful practices at the work place, which he resisted. In retribution Pradhan allegedly started making illegal demands, which were not complied with.

As a consequence Pradhan on one occasion sought to disgrace Anuraj Singh in front of the other staff members by saying that “had there been any other person in his place, he would have died by hanging himself”.

Soon thereafter, Anuraj Singh on October 6, 2005, narrated the incident to his relatives and next day on October 7, 2005, committed suicide after  leaving behind a note holding Pradhan responsible for his extreme step.

 

 

 

 

Five realty firms ‘encroach’ on defence land, booked

http://timesofindia.indiatimes.com/city/mumbai/Five-realty-firms-encroach-on-defence-land-booked/articleshow/16745901.cms

Pradeep Gupta, TNN | Oct 10, 2012, 02.35AM IST

MUMBAI: The Hill Line police in Thane on Tuesday booked five Mumbai-based construction companies for allegedly encroaching and constructing on land belonging to the Indian Air Force. The land in question is at Nevali village in Ambernath taluka of Thane district.

According to the complaint filed by Air Force official Ravindra Ahire, the five companies forged documents of survey numbers 94,109 and 113 and constructed illegally on the land.

Sources said the land is around 40,000 sq ft. The Nevali plot, situated around 50 km from Mumbai, was one of the busiest airbases of the British during World War II. Post-Independence, the ownership of the land was transferred to the ministry of defence. -Pradeep Gupta

“The companies have been booked under sections 420 (cheating and dishonestly inducing delivery of property), 427 (mischief causing damage to the amount of fifty rupees), and 34 (common intention) of Indian Penal code and Section 52 (penalty for unauthorized development) of the Maharashtra Regional Town Planning (MRTP) Act,” said senior inspector N V Jadhav.

 

 

 

 

 

Dowry Thrives In India In Gold Or Hard Cash

http://www.bernama.com.my/bernama/v6/newsindex.php?id=700569

By Saraswathi Muniappan

NEW DELHI, Oct 9 (Bernama) — The skyrocketing gold price has not deterred the practice of giving dowry in India, instead families have become more innovative in meeting the dowry obligation.

Gold, which is traditionally given by the bride’s family as dowry, seems to have lost its luster especially after the commodity’s price breached Rs 32,000 (RM1,747) per 10gm recently.

Nowadays, Indian families seem to have moved away from gold to hard cash or properties or a combination of any of the two or all three.

In a modern India, the dowry system seems to have withstood the test of time and legislation barring the practice. In fact, it is thriving though many view giving dowry as a diabolic practice.

Fat Indians weddings and dowry as a precondition for marriage is a norm and glamorously reported in the media though dowry is blamed for many of the cruelties against women.

DOWRY HAS GONE AGAINST WOMEN

Dowry, known as Stree Dhan, is actually gift items usually given to the bride by her parents and relatives at the time of marriage.

In Hindu scripts, the Vedas, dowry is mentioned as Kanyadaan (gift of the maiden), said Nitasha Agarwal, chief manager of Smile Foundation, an NGO working for women’s welfare and empowerment.

“As the daughter in a family is not entitled for equal share in the family property, they are given gifts in the form of dowry but sometimes it is offered to entice the groom’s family.

“This has obviously worked against the women and their basic rights,” she said.

CRUELTY TO WOMEN

It is common knowledge that in most communities in India the amount of dowry given is nothing less then 100 sovereigns of gold and when a girl is born the family starts saving for her wedding immediately.

“Thus girls are considered liability, therefore female foeticide and infanticide prevails,” she told Bernama in an email interview.

Bollywood actor Aamir Khan in his Satyamev Jayate (Truth Alone Prevails) talk show brought to light that 80 per cent of bank loans were taken by people to meet dowry demands.

Moreover, the dowry demands continue even after marriage and failure to fulfill the demands lead to harassment, physical and mental torture and the horrific practice of ‘bride burning’ .

“One woman dies every hour in India in dowry related cases,” Aamir revealed in his show.

Nitasha also blamed on the misplaced societal perception that if a girl is married at an early age, a small amount of dowry would work but if the girl is educated then the family has to pay a high dowry to seek a bridegroom of same status.

Therefore, the dowry system to a great extent is also to be blamed for child marriages, neglect of daughters and sexual harassment.

PROHIBITED BY LAW

Meanwhile Dr Rizwana Parvin, a practicing lawyer in Delhi said that India has sufficient laws to protect women but has not been enforced properly and do not fully take into account several gender sensitive issues.

Dowry is even banned under the Dowry Prohibition Act 1961 and Section 498A of Indian Penal Code (IPC) while a host of other laws protect women against domestic violence, rape, and prohibit gender selection tests.

However, there is a lack of awareness about these laws. Also, it is the fear of social stigma that stops women from seeking divorce when they suffer domestic violence due to dowry demand or any other reason.

“So, women to some extent tolerate such harassment either not knowing the existence of laws that protect them or due to the mindset of how the society will look at them when they seek divorce,” she told Bernama.

“I have handled a few matrimonial disputes (related to dowry and otherwise) and the women found proper justice and their needs were well taken care of.

“The fact that dowry-related violence and deaths have shown no abatement in the past two decades only indicate that the existing laws have not been implemented properly and therefore failed to serve as deterrents,” said Rizwana.

HIGHEST CRIME AGAINST WOMEN

Thousands of women are killed every year in India over dowry. The cases of dowry-related torture are the highest accounting for 32.4 per cent of crimes against women in the country.

Among the recent cases were a young woman being brutally killed allegedly by her husband for dowry in Vijapore village of Navsari district, Gujarat and a woman from Punjab claimed she was tortured by her husband and in-laws for giving birth to a girl and bringing ‘inadequate’ dowry.

And such cases are not restricted to poor or uneducated segment of the Indian society.

Early last month, a 28-year-old homemaker was allegedly murdered by her engineer husband over dowry at Motilal Mallick Lane in Baranagar, Kolkata. While the husband was arrested, the victim’s mother-in-law fled.

Dowry deaths continue and their perpetrators consistently go unpunished, despite a considerable amount of activism both globally and domestically and the availability of international and domestic laws, said Nitasha.

A report quoting the National Crime Records Bureau’s statistics indicate a crime has been recorded against women in every three minutes in India.

Every 60 minutes, two women are raped in the country. Every six hours, a young married woman is found beaten to death, burnt or driven to suicide.

“Gender subordination is among the reasons for such violence against women as they are generally considered as secondary compared with men in terms of education and career,” said Nitasha.

Others were institutionalisation of dowry system all across society-caste, class and religion as well as turning dowry into opportunity to make gains and as a marketing exercise. The problem is made worst by the lack of stringent action against dowry law violators, she pointed out.

“Women are trying hard to save their lives and dignity with the support of legal amendments, media, serious activism, and heightened awareness. Despite of all these protests, India still could not shed the dowry stigma,” she said.

IT IS STILL NOT TOO LATE

The mechanism to stop crime against women should be strengthened further by making the authorities, such as police to be more sensitive in handling gender issues, said Nitasha.

Firstly, there should be a proper system to report on crime against women, active and properly functioning women police cell as well as crises centres.

Shelter homes had to have competent counselors and proper rehabilitation approach, she explained.

Capacity building among young girls, boys and local leaders to say no to dowry is another method of weeding such problem from young.

She said civil society organisations and individuals should also work on changing perception of family and society towards girl, especially parental perception towards their child and her upbringing, rights to property and awareness on laws and protection policies.

“We have encourage people to start thinking positively, because when our social relationship is dictated by religion, caste and creed, we follow all that exists within. Yet when we come out from the closet, we see others as humans in our social relationship,” she said.

— BERNAMA

 

 

 

 

3/7: ‘Yasin Bhatkal planted bomb at Dadar’

http://www.rediff.com/news/report/mumbai-blast-13-7-yasin-bhatkal-planted-bomb-at-dadar/20121010.htm

October 10, 2012 01:13 IST

An accused in the July 13 Mumbai [ Images ] serial blasts last year has confessed that fugitive Indian Mujahideen [ Images ] chief Yasin Bhatkal planted the bomb at suburban Dadar that left one person dead and 14 others wounded.

The bomb had exploded atop a bus stop in Dadar. The main objective of Bhatkal behind hatching the conspiracy and planting the bomb was to trigger communal conflagration in Mumbai, IM member Nadeem Sheikh said in his 25-page confession.

The confession was recorded before a magistrate’s court in March under section 164 of CrPC (recording of confessions and statements) and opened last week, sources said.

Twenty-seven people were killed and 127 injured when three near-simultaneous explosions ripped through Dadar, Zaveri Bazaar and Opera House on July 13 evening.

According to Sheikh, the conspiracy to trigger blasts was hatched in February 2011 after Bhatkal arrived in the city and introduced him to planters of the bombs at Opera House and Zaveri Bazar, Waqas and Tabrez respectively.

Sheikh said Bhatkal along with Naquee Ahmed, Waqas, Tabrez, and a person identified only as Munnabhai [ Images ] worked out the details of the plan in a secret meeting held on July 7.

It was after this meeting that Bhatkal asked Ahmed and Munnabhai to steal two-wheelers and hand them over to Waqas and Tabrez who planted the bombs, Sheikh said in his statement.

The locations were chosen after much deliberation so that the planters can not be identified.

The ATS had arrested Naquee Ahmed, Nadeem Shaikh, Kanwar Pathrija and Haroon Naik in the 13/7 case while six other IM members including Bhatkal are absconding.

The ATS had filed the first charge sheet in the case on May 25 against 10 IM members under the stringent provisions of the Maharashtra [ Images ] Control of Organised Crime Act, Indian Penal Code, Explosives Act, Explosives Substances Act, Prevention of Damage to Public Properties Act and Unlawful Prevention of Activities Act.

Among the wanted accused are Riyaz Bhatkal, Yasin Bhatkal — top operatives of the home grown terror outfit — Waqas Ibrahim Sad, Danish alias Tarbez, Dubai-based Muzaffar Kolah and Tehseen Akhtar Shaikh.

As per ATS investigations, Bhatkal, Waqas and Tarbez had rented a third floor flat in suburban Byculla’s Habib building where they allegedly assembled explosives used in setting off the explosions at Dadar, Zaveri Bazaar and Opera House on July 13, 2011.

The ATS filed an additional charge sheet against Mohammed Qafeel Ansari on August 14.

 

 

 

 

Lawyer moves court against Jairam Ramesh’s toilet remark

http://ibnlive.in.com/news/lawyer-moves-court-against-jairam-rameshs-toilet-remark/299475-3.html

Press Trust of India

Lucknow: A lawyer has moved a court here seeking a direction for lodging an FIR against Union minister Jairam Ramesh over his comment that there were more temples in the country than toilets. The court on Tuesday fixed October 12 as the next date of hearing on the plea.

Chief Judicial Magistrate Rajesh Upadhay also called for a report from local Alambag police station regarding the plea. The lawyer, Yaduvansh Mani Singh, has filed the plea alleging that the statement of the Union Rural Development Minister is an offence under Indian Penal Code and FIR should be lodged against him in the matter.

The Rural Development Minister earlier had said that toilets are more pure and holy than temples.

 

 

 

 

Drunk driver gets seven years in jail

http://timesofindia.indiatimes.com/city/nagpur/Drunk-driver-gets-seven-years-in-jail/articleshow/16747389.cms

Soumittra S Bose, TNN | Oct 10, 2012, 05.47AM IST

NAGPUR: With drunk and reckless driving on the rise, the court has finally cracked the whip. Apart from sending a drunk driver to jail for mowing down three persons and injuring a few, the court also directed the police commissioner to be vigilant so that mishaps can be averted and violators could be booked.

On Tuesday, ad hoc additional sessions judge KL Vyas sentenced Deepak Gedam (23) to seven years of rigorous imprisonment and a fine of Rs5,000. The incident occurred on the Mecosabagh flyover on February 15. After being hit by Gedam’s matador, one of the victims flew off the flyover.

The court has also directed Jaripatka police to confiscate the killer matador and auction it so that the proceeds could go to the kin of the dead and the injured. The auction will take place in the presence of the judicial magistrate within two months.

The city police chief has also been directed to inform the regional transport office (RTO) about the conviction so that Gedam’s licence can be cancelled under the motor vehicles act.

Additional public prosecutor Deepak Kolhe said the court took a stringent view of the entire episode as it felt that reckless driving has become a social evil with many teenagers riding or driving vehicles without licence. Kolhe was assisted by SP Rode.

Gedam was convicted under section 304 (II) of the Indian penal code (IPC) for culpable homicide not amounting to murder. Gedam was also sentenced to two years in jail and slapped with a fine of Rs1,000 for causing grievous injury and endangering lives.

Gedam was also convicted under section 427 of the IPC for causing mischief. Under section 427 of the IPC, Gedam was sentenced to three months in jail, a fine of Rs500 and additional imprisonment for seven days in case of a default.

Under section 181 of the Motor Vehicles Act, 1988, Gedam was slapped with three months of imprisonment and a fine of Rs500 for violating safety rules.

He will also have to undergo imprisonment for six months and pay a fine of Rs1,000 under section 184 of the Motor Vehicles Act for dangerous driving. The court has also convicted Gedam under section 185 of the MV Act 1988 sentencing him to a jail term of six months and a fine Rs2000 for driving under the influence of alcohol.

“The government doctor, who testified before the court, said that Gedam was so drunk that he was not in a position to sign. He did not even have a licence, a fact confirmed by an RTO official,” said Kolhe.

 

 

 

 

 

Briton to depose via video conferencing

http://timesofindia.indiatimes.com/city/goa/Briton-to-depose-via-video-conferencing/articleshow/16747635.cms

TNN | Oct 10, 2012, 06.21AM IST

PANAJI: The state children’s court recently allowed an application filed by the Central Bureau of Investigation (CBI) seeking examination of a British witness, Michael Mannion alias Masala, through video-conferencing in the trial of the two accused charged for allegedly killing 15-year-old Scarlett Keeling at Anjuna beach in 2008.

Sources said that the court on October 8 passed the order granting permission for ‘video examination’. The premier investigation agency had filed an application in March 2012 to examine the witness through video conferencing facility, which is available in the court hall. The prime British witness had refused to travel to Goa to depose before the court. Mannion had informed the CBI that he would be able to give his deposition from England through video conferencing. The court is likely to hear the case further in the month of November.

After taking over the investigation from the Goa police, the CBI had filed a supplementary chargesheet against the accused, Samson D’Souza and Placido Carvalho, before the court in October 2009. The voluminous chargesheet filed by the CBI, after conducting investigations for 16 months, charged the accused for allegedly committing culpable homicide not amounting to murder, sexual assault, destroying evidence and some other sections of the Indian Penal Code and the Goa Children’s Act. The court has framed charges against the duo.

Revealing the circumstances in which the British teenager was killed, the CBI alleged that the victim was seen intoxicated in front of Lui’s Cafe during the night before her body was found on the beach on Feburary 18, 2008.

 

 

 

To nail websites, Centre seeks extradition course

http://www.hindustantimes.com/India-news/NewDelhi/To-nail-websites-Centre-seeks-extradition-course/Article1-942056.aspx

HT Correspondent, Hindustan Times
New Delhi, October 09, 2012

Appearing before a city court on Tuesday, Union home ministry under secretary Amar Chand suggested initiating extradition proceedings to secure the presence of some US-based websites, including Facebook and Google, in a criminal case launched against them for allegedly hosting “objectionable

content”.

Metropolitan Magistrate Jay Thareja said he would not take any coercive steps against the websites at this stage, but directed Amar Chand to assist complainant Vinai Rai’s lawyer in completing the formalities for serving summons to the websites concerned.

“In the present case, all the accused are corporations/juristic personalities. It is appropriate that they be served by way of summonses. Therefore, advocate for the complainant has been directed to complete/fill the forms supplied by Amar Chand in response to the summonses sent on June 12, 2012.” The matter will come up for hearing on October 18.

The complainant, Vinay Rai, brought a criminal case against 21 websites under various sections of the Indian Penal Code (IPC) including Google, Facebook, Orkut, YouTube, Yahoo, Blogspot and Microsoft.

He sought the removal of alleged objectionable content from the websites, and their prosecution for allegedly committing offences such as circulating obscene materials as part of a criminal conspiracy.

Referring to the Mutual Legal Assistance Treaty (MLAT) between USA and India, Amar Chand said instead of issuing summons to them, the court should initiate extradition proceedings.

According to the treaty, even if the court issued summonses to these websites, the legal process would take a lot of time.

 

 

 

 

Man faces action for letting Kejriwal restore power

http://www.deccanherald.com/content/284278/man-faces-action-letting-kejriwal.html

New Delhi, Oct 9, 2012, DHNS & Agencies

BRPL files case under Act which bans tampering with power cables

Two days after Arvind Kejriwal launched his attack against the city government by restoring power supply in some houses, BSES Rajdhani Power Ltd filed a police complaint against a man, whose connection was restored on Sunday by the activist-turned-politician.

During protests across Delhi as part of his ‘bijli-paani satyagraha’, Kejriwal had visited the house of a labourer on Sunday at Tigri Colony in south Delhi and reconnected the power line cut off by the discom.

BRPL on Tuesday filed the case against the labourer with Neb Sarai police station in south Delhi.

In the complaint against Banna Ram, the discom has invoked Section 138 of the Indian Electricity Act, which states that it is illegal to interfere and fiddle with the electricity network. The discom said unauthorised power connection is a punishable offence that may attract imprisonment up to three years. Ram got a power bill of Rs 15,000 last month, and since he was unable to pay it, the discom cut off electricity to this house.

On why a complaint was not filed against Kejriwal, discom officials said action has been taken against the consumer who has been given the connection. State power minister Harun Yusuf had accused Kejriwal of trying to spread “anarchy” and “lawlessness” in the city.

Case against BJP leader

The Delhi Electricity Regulatory Commission (DERC) of Monday filed a case under Sections 186 (obstructing public servant in discharge of duty) and 341 (punishment for wrongful restraint) of the Indian Penal Code against state BJP leader Vijay Goel for protesting outside the DERC office. DERC filed the case with Malviya Nagar police station, under whose jurisdiction Goel and his supporters had protested and disrupted hearing of the agency.

Police said BJP supporters surrouned DERC chairperson P D Sudhakar in his office. Police came an hour later and removed the protesters. Police said India Against Corruption activists had a minor scuffle with policemen when they tried to enter DERC office in Malviya Nagar.

 

 

 

HC rap govt on failure to curb drunken driving

http://www.business-standard.com/generalnews/news/hc-rap-govtfailure-to-curb-drunken-driving/65851/

Press Trust of India / Mumbai October 09, 2012, 11:03

The Bombay High Court today came down heavily on the Maharashtra government for failing to comply with orders passed a decade ago in connection with measures taken with regard to drunken driving, following the 2002 road accident involving Bollywood superstar Salman Khan.

A division bench headed by Justice D D Sinha was hearing a public interest litigation filed by journalist Nikhil Wagle, seeking enhancement of punishment awarded under section 304 A of IPC for causing death by rash and negligent act and increase in compensation awarded under the provisions of the Motor Vehicles Act.

The scribe had filed the PIL soon after the road accident involving the 46-year-old actor.

On September 29, 2002 an inebriated Salman’s Toyota Land Cruiser run over five persons sleeping on a pavement in Bandra. He was arrested the next day and booked under sections 304 A, 337 and 338 of IPC. However, he was released on bail of Rs 950 immediately at the Bandra police station as all the sections were bailable.

The High Court, had in October 2002, directed the actor to deposit Rs 19 lakh as interim compensation to the deceased’s family and the four injured in the mishap.

The court had also asked the state government to file a report on what measures it proposes to take regarding such incidents and the union government to file an affidavit on increase in punishment under section 304 A.

However, till date no reply has been filed.

“Why has the state and union government not filed their affidavits ? This is a question of an order passed long time ago. Why has nothing been done yet,” Justice Sinha questioned.

Giving the State and Centre four weeks time to file their affidavits, he said, “The state government’s affidavit should say what measures it has taken to tackle drunken driving incidents and the Centre’s affidavit should clarify its stand on section 304 A.” (MORE)

 

 

 

State gets HC rap for applying Foreigners’ Act in case of ‘Indian’

http://timesofindia.indiatimes.com/city/mumbai/State-gets-HC-rap-for-applying-Foreigners-Act-in-case-of-Indian/articleshow/16746030.cms

Rosy Sequeira, TNN | Oct 10, 2012, 02.52AM IST

MUMBAI: The Bombay high court on Friday rapped the state for applying the Foreigners Act to a Pakistani national while claiming that he is an Indian.

A division bench of Justice Abhay Oka and Justice Sadhana Jadhav was hearing a petition by Wadala resident Siraj Khan who entered India at the age of nine. He has urged for a directive to be deported to his home in Manshera in Pakistan Occupied Kashmir. The judges observed that after the chargesheet was filed against Khan, the state government had made a statement that POK is part of India. “Do you want to contend that he is an Indian citizen? Look at the situation that emerges because earlier you made a statement that POK is a part of India. If this statement is accepted, then why have you prosecuted him under the Foreigners Act? The prosecution must go,” said Justice Oka. The judges also noted from the petition that Khan was sent to a remand home in Ahmedabad and asked the police to verify it. The case will be heard on October 16.

 

 

 

 

Varappuzha sex scam: High court raps police for not arresting accused

http://ibnlive.in.com/news/varappuzha-sex-scam-hc-raps-police-for-not-arresting-accused/299548-60-122.html

Express News Service

The Kerala High Court on Tuesday criticised the police team probing the sensational Varappuzha sex scandal case after the court found that an accused in the case was not arrested even after repeated orders of the court for the last one year.

Justice P Bhavadasan observed, “It is distressing to note that there has been no sincere and conscious effort of the police to arrest petitioner Muhammed Haneefa, of Bekal in Kasargod, the 52nd accused in the Varappuzha case. Almost a year passed since the first order of this court which directed the petitioner to surrender.” The court passed the order while dismissing the anticipatory bail plea of Muhammed Haneefa.

“The court is compelled to believe that even after the dismissal of three anticipatory bail pleas, the  investigating agency does not do anything against the accused.  The agency is being influenced or is working hand-in-glove with the petitioner,” it said.

The court also said that the delay in arresting the accused is a typical instance of either incompetency or inefficiency of the investigating agency. The court also observed that there is no change of circumstances, while the callous and indifferent attitude of the petitioner to the orders of the court could not be omitted.

The conduct of the petitioner in flouting the directions of the court and his ability to keep the investigating agency at bay speaks volumes about the influence he can wield.

 

 

 

 

Govt seeks HC nod to open 19 sand quarries

http://timesofindia.indiatimes.com/city/chennai/Govt-seeks-HC-nod-to-open-19-sand-quarries/articleshow/16745527.cms

TNN | Oct 10, 2012, 01.51AM IST

CHENNAI: The state government has sought the Madras high court’s nod to open 19 sand quarries in Trichy, citing rocketing retail sand prices in the state.

In a review petition, asking for a re-look at the court’s order dated August 3, the secretaries of industries and public works departments, said the government intended to operate 19 sand quarries for which applications had been submitted to State Environment Impact Assessment Authority (SEIAA).

In the impugned order, a division bench comprising Justices R Banumathi and G M Akbar Ali ordered the closure of five-year-old quarries in Cauvery-Kollidam river beds, and stipulated that all new quarries in the region must obtain SEIAA clearance.

Government pleader S Venkatesh, representing secretaries of public works and industries departments, director of geology and mining and the Trichy district collector, submitted that before the August 3 order, there were 48 sand quarries in the region accounting for 6,454 lorry loads per day. After the order, the number of quarries reduced to 21 and lorry loads went down to 4,012 per day. Consequently, the price of sand per load had risen from 4,000 to 8,000 in Trichy, from 6,400 to 12,000 in Coimbatore, from 6,000 to 8,000 in Chennai and from 8,000 to 14,000 in Madurai, Venkatesh said.

Pointing out that the court had set a three-month deadline for the functioning quarries to obtain the clearance, the pleader sought more time, as the clearance might not come within three months due to procedural implications.

Venkatesh said the applications had been pending before the collectors of Thanjavur, Karur and Trichy and that they were being processed when the impugned judgment was delivered.

Hence, the new stipulation that new quarries must get clearance from the SEIAA would cause hardship and affect government’s welfare schemes, he said. Noting that quarries in the Cauvery-Kollidam river beds was the main source of supply to western and southern areas of the state, he requested the court to review its order and permit the government to operate the new quarries.

The bench has adjourned the matter by one week for further hearing.

After the August 3 order, sand prices per load rose from 6,000 to 8,000 in Chennai, 4,000 to 8,000 in Trichy, 6,400 to 12,000 in Coimbatore, and from 8,000 to 14,000 in Madurai.

 

 

 

 

Jangpura FOB delayed, HC issues notices

http://www.indianexpress.com/news/jangpura-fob-delayed-hc-issues-notices/1014445/

Express news service : New Delhi, Wed Oct 10 2012, 02:16 hrs

The Delhi High Court on Tuesday issued a notice to the Chief Secretary of the Delhi government, the Transport Commissioner and the general manager of Delhi Integrated Multi-Model Transport System (DIMTS) to explain why they have not constructed a foot overbridge near the Jangpura Metro station within the stipulated time period.

Justice Rajiv Shakhder directed the respondents to file a counter-affidavit within four weeks and a rejoinder, if any, within two weeks. In April, a division bench of the court had given the government six months to construct the foot overbridge.

The court’s deadline came on a PIL filed by the Jangpura Residents’ Welfare Association, seeking direction to build the bridge as residents of nearby colonies face the risk of accidents while crossing Lala Lajpat Rai Marg.

In a fresh petition, the welfare association told the court that they had tried following up with the Transport department as work on the bridge had not started despite the High Court order. They said the department had set the deadline for its construction to July 2013.

The petition further asked for contempt proceedings to be initiated against the respondents and for exemplary costs to be imposed upon them should they not complete construction of the bridge by October 24.

 

 

 

HC notice to CBI over bail plea by Janardhana Reddy

 

http://www.dnaindia.com/bangalore/report_hc-notice-to-cbi-over-bail-plea-by-janardhana-reddy_1750578

By DNA Correspondent | Agency: DNA Published: Tuesday, Oct 9, 2012, 13:18 IST

The high court on Monday issued a notice to the CBI concerning a bail petition filed by former Karnataka Tourism minister G Janardhana Reddy, an accused in the illegal mining case. It may be recalled that CBI court had rejected his bail petition on September 25. Reddy, the owner of Associated Mining Company (AMC), is the key accused in the illegal mining case.

The CBI had registered cases against two mining firms, including AMC, following raids at Bellary, Bangalore and Davanagere.
The raids were carried out after the Supreme Court had issued orders directing the CBI to investigate illegal mining in the state, on the basis of a Central Empowered Committee report.

Student’s death: HC rules out plea for CBI probe
The High Court on Monday dismissed the plea of Shambunath Prasad seeking a CBI investigation into the death of his son Aditya Prasad, an engineering student.

The 22-year-old student of RV Engineering College and a hosteler was on August 14, 2010, found dead at a house in BEML layout, Rajarajeshwarinagagar, belonging to one Padmashri. The police had initially registered a case under section 302 of IPC, but later submitted a B report before the lower court, stating that Aditya had committed suicide.

As a protest memo, Shambunath had contended that the deceased was murdered by Padmashri and had sought a CBI investigation. His counsel had argued that the statement of the neighbours, college students and teaching staff were not recorded and there were serious lapses in the investigation.
The high court observed that a combined reading of the medical report and the statement recorded by the investigating officer established the fact that deceased had committed suicide. There was no other material on record to draw a different conclusion, it added.

HC relief to BU students
The high court on Monday directed Bangalore University’s Directorate of Correspondence Courses to recognise the admission of students who have forwarded their applications online or through study centres for the admissions made for 2011-2012. The students should be made to pay fees within a short period, if not already paid, it added.

The study centres across the state were permitted to provide admissions to undergraduate courses only for second and third year and for post graduate courses only for final year. This was challenged by the study centres.

The high court observed that these writ petitions were disposed off and directed the university to communicate the recognition of admissions and also issue admission tickets through study centres or online to the students within a day or two, so as to enable them to appear for exams at the Bangalore centre.

The court, however, said that in future the university should take steps to conduct examinations at the nearby district headquarters, based on the strength of the students. They should also fix CCTV cameras to curb malpractice at such study centres, it added.

 

 

 

HC refuses to quash FIR filed against T D Naidu

http://www.business-standard.com/generalnews/news/hc-refuses-to-quash-fir-filed-against-t-d-naidu/66473/

Press Trust of India / Chennai October 09, 2012, 23:05

The Madras High Court today refused to quash the FIR filed by CBI against T D Naidu, Chairman and Managing Trustee of Deen Dayal Medical and Educational Trust, and dismissed his petition in a bank cheating case.

According to the FIR filed by Superintendent of Police, CBI, Bangalore, Naidu allegeldy entered into a criminal conspiracy with Branch Manager of Andhra Bank and others and dishonestly and fraudulently obtained term loan of Rs 41 crore from the bank.

He had furnished fake documents of qualifications, financial status and discrepant financial statements and caused a wrongful loss to the bank to the tune of Rs 57.64 crore, it was alleged.

According to Naidu, he had passed the final year MBBS exam held in January, 1981 and was declared competent and authorised to practice medicine and general surgery.

But on verification, it was found that the certificate he produced was “only fake.”

Justice T Sudanthiram in his order said “the allegations made in the complaint by the General Manager, Andhra Bank are strengthened by materials collected during investigation made so far.”

“The contentions raised by the senior counsel for the petitioner to quash the FIR are totally unacceptable. Hence, the petition is dismissed,” he said.

 

 

 

Bombay HC judge made Madhya Pradesh Chief Justice

http://www.indianexpress.com/news/bombay-hc-judge-made-madhya-pradesh-chief-justice/1014505/

Express news service : Wed Oct 10 2012, 03:27 hrs

Justice Sharad Bobde of the Bombay High Court was on Tuesday elevated as the Chief Justice of the Madhya Pradesh High Court. He is likely to be sworn in on October 16.

Justice Bobde was appointed as an additional judge of the Bombay High Court in March 2000, two years after he was designated as a senior advocate. He is known for his sound legal acumen and sharp wit.

He has heard several high-profile cases including the Adarsh housing society scam, the PIL against Lavasa Corporation Limited, the Maval firing incident and the residential tower near Hindustan Petroleum Corporation refinery, Chembur.

Justice Bobde, who completed his education in Nagpur, enrolled with the Bar Council of Maharashtra in September 1978 and practiced as a lawyer mainly before the Nagpur Bench of the Bombay HC. In his 21-year career as a lawyer he also appeared before the Bombay HC’s principal bench in Mumbai as well as the SC. His father Arvind Bobde was the former Advocate General of Maharashtra.

 

 

 

 

Police not following HC order: NDMC

http://timesofindia.indiatimes.com/city/delhi/Police-not-following-HC-order-NDMC/articleshow/16745806.cms

Abhinav Garg, TNN | Oct 10, 2012, 02.24AM IST

NEW DELHI: In a fresh development in the controversial Akbarabadi mosque case, New Delhi Municipal Corporation has blamed Delhi Police for ignoring the Delhi high court’s order.

NDMC, in an application filed before the court, has urged it to direct police to grant protection to the staff who can implement court orders and demolish illegal structure in Subhash Park area.

Filed through its standing counsel Ajay Arora, the application recalls HC passed an explicit order on July 30 this year, asking the agency to take action against the structure that came up illegally at the earlier Metro site.

“NDMC was always keen and still is, to ensure compliance of HC orders by way of removal of unauthorized structure which has come up on public land in violation of rules procedure and law of the land,” the corporation says, adding it is being unfairly blamed for deliberate inaction when in reality it is hobbled by complete non-cooperation by police.

The agency said that initially cops said they couldn’t provide enough force in August as it had to make security arrangements for events like Baba Ramdev’s agitation, Independence Day celebrations and Ramzan. Now that all the events are over, police should have cooperated. But now, they are taking refuge behind an application filed by cops seeking modification of the HC demolition order, NDMC argues, urging the court to intervene.

Citing communication exchanged with the police top brass between July and September, the agency says though HC has not granted any stay order on the modification plea of Delhi Police, the latter is being extremely restrained and has refused to extend any cooperation to enable NDMC to carry out court orders. HC will take up the plea on Thursday.

 

 

 

 

HC stays DGCA order to revoke approval of Ravi Rishi’s firm

http://www.moneycontrol.com/news/business/hc-stays-dgca-order-to-revoke-approvalravi-rishis-firm_766979.html

Pulling up DGCA for a “hasty” decision, the Delhi High Court today stayed the aviation regulator’s order withdrawing operational safety clearance to repair and maintenance firm Indocopters Private Ltd (IPL), a group company of Ravi Rishi-led Global Vectra Helicorp Ltd.

Source: PTI

Pulling up DGCA for a “hasty” decision, the Delhi High Court today stayed the aviation regulator’s order withdrawing operational safety clearance to repair and maintenance firm Indocopters Private Ltd (IPL), a group company of Ravi Rishi-led Global Vectra Helicorp Ltd.

Justice Rajiv Shakdher also issued notices to DGCA and Ministries of Civil Aviation and Home Affairs (MHA) and asked them to file replies by October 10, the next date of hearing.

The Director General of Civil Aviation (DGCA) had on September 18 revoked Approved Maintenance Organisation (AMO) approval and the Continuing Airworthiness Requirements (CAR) certificate of the IPL after the MHA raised security concerns and withdrew the clearance accorded to Ravi Rishi-led firms.

Ravi Rishi-led Global Vectra Helicorp Ltd, to which IPL is a sister concern, is the largest shareholder in Tatra Holdings owning the Czech truck manufacturer Tatra that is facing CBI probe for allegedly supplying trucks at exorbitant price to the Indian Army.

During the hearing, Justice Shakdher took a strong note of the “hasty” decision of DGCA to revoke the approvals of the IPL saying “why you did not wait till October 18?” The court is slated to hear the case of Global Vectra Helicorp Ltd on the same issue on October 18.

IPL runs a helicopter repair and maintenance base. The counsel for the Aviation Ministry, however, said the decision to revoke AMO approval and the CAR certificate to the firm has been taken following the withdrawal of security clearance by the MHA.

Senior advocate Atul Nanda, appearing for IPL, said “the revocation of AMO approval and the CAR certificate can only be done as per the rules prescribed under the Aircraft Act after serving a notice… and it cannot be done due to withdrawal of security clearance.”

 

 

 

 

HC gives three days more to DCHL for giving bank guarantee to BCCI

http://articles.timesofindia.indiatimes.com/2012-10-09/news/34342007_1_deccan-chronicles-holdings-bank-guarantee-dchl

PTI Oct 9, 2012, 07.03PM IST

MUMBAI: The Bombay high court on Tuesday granted three more days to Deccan Chronicles Holdings Ltd (DCHL) to give an irrevocable and unconditional bank guarantee of Rs 100 crore to the Indian cricket board regarding IPL franchise Deccan Chargers.

DCHL, owners of IPL team Deccan Chargers, were on October 1 directed by the high court to submit by October 9 the bank guarantee which would be in force for a period of one year.

 

The direction was passed by Justice S J Kathawala while hearing a petition filed by DCHL challenging BCCI’s decision to terminate the contract of cash-strapped Hyderabad franchise.

BCCI had in September taken the decision to terminate the contract after an emergency IPL Governing Council meeting in Chennai.

DCHL on Tuesday filed an application seeking extension of time to submit the bank guarantee which was accepted by the court. The company will now have to give the bank guarantee by Friday.

The court had earlier ordered that DCHL shall bear all expenses for IPL series-6 including making payments to BCCI towards franchise, players and support team costs. Besides, DCHL shall also bear the costs of conducting matches and other expenses, the judge had ruled.

In the event of any default on part of DCHL, BCCI shall be entitled to invoke the bank guarantee to the extent necessary, Justice Kathawala said.

The court had on September 26 appointed retired Supreme Court judge C K Thakkar as arbitrator to resolve within three months the dispute between BCCI and DCHL over the termination of Deccan Chargers franchise.

However, pending arbitration proceedings and making up of an award by the arbitrator, the judge asked the BCCI not to act on the termination of the franchise agreement for a period of seven days, if the award is in their favour.

The judge clarified that this order would immediately cease to be in effect if DCHL fails to furnish the bank guarantee.

 

 

 

 

HC gives govt two months to solve water-logging issue

http://www.hindustantimes.com/India-news/NewDelhi/HC-gives-govt-two-months-to-solve-water-logging-issue/Article1-942289.aspx

PTI
New Delhi, October 10, 2012

A Delhi High Court bench comprising justices Sanjay Kishan Kaul and Vipin Sanghi on Tuesday granted two months to the Delhi government to find “short- and long-term” solutions to the problem of waterlogging in the city.
The breather came after the government’s standing counsel Najmi Waziri submitted that the third meeting of the 15-member coordination committee was scheduled to be held on Tuesday to prepare an action plan.

“Various agencies, including the municipal corporations, will come forward with measures to handle the water-logging problem. The committee will also look into suggestions from IIT professors,” Waziri said. The bench sought a status report from the government and fixed December 14 as the next date of hearing.

Contempt notice

In fresh trouble for the government, Justice Rajiv Shakdher of the high court directed it to respond to a contempt plea, charging the authorities with non-compliance of the court’s previous order to build a foot overbridge (FOB) near Jangpura Metro station in six months.

Issuing contempt notices to the chief secretary of the Delhi government, the transport commissioner and the general manager of Delhi Integrated Multi-Model Transit System, the court sought their replies by December 18 on the contempt plea filed by Jangpura Residents Welfare Association.

Respite for employees

The Delhi High Court came to the rescue of nearly 1,000 employees of the ailing shopping cooperative Super Bazaar and stayed its recent notice asking the workmen not to report to duty.

Justice Suresh Kait also issued notices to Cooperative Store Ltd Super Bazaar and Writers and Publishers which is managing the cooperative’s affairs.

 

 

 

 

Ladhar’s arbitration fee: HC seeks reply from Centre, Punjab

http://timesofindia.indiatimes.com/city/chandigarh/Ladhars-arbitration-fee-HC-seeks-reply-from-Centre-Punjab/articleshow/16747408.cms

TNN | Oct 10, 2012, 05.49AM IST

CHANDIGARH: Taking cognizance of a public interest litigation (PIL) seeking action against senior Punjab IAS officer Sucha Ram Ladhar on retaining the arbitration fee instead of depositing it with the government, Punjab and Haryana high court on Tuesday sought the response of the Union and Punjab governments as well as Ladhar on the matter.

Division bench of the HC, comprising Chief Justice A K Sikri and Justice R K Jain, issued the notice after hearing a PIL filed by lawyer H C Arora.

The petition sought criminal/ departmental action against Ladhar, for fixing charges for arbitration in various cases of disputes between private parties and the National Highway Authority of India (NHAI) and keeping the sum of Rs 1.5 crore collected in this way.

The petitioner also prayed that the entire amount be recovered from him along with interest at the rate of 2% per annum.

He also submitted that Ladhar had acted as arbitrator in his ex officio capacity as divisional commissioner, Jalandhar, forcing the private parties as well as the NHAI to pay his arbitration fee by inserting a clause in his orders/ awards that a certified copy of the award be given to the parties on depositing his arbitration fee in equal share (50:50), failing which his award shall stand suspended automatically on expiry of 30 days.

However, since the NHAI had opposed the clause regarding arbitration fee, Ladhar subsequently included another one that initially the total amount of arbitration fee shall be paid by the private party, which it may recover from NHAI, along with amount of compensation, at the time of execution of award.

Petitioner also referred to an order dated March 4, 2009, issued by Ladhar, directing all 629 private parties, whose dispute was decided by him on January 28, 2009, by a common award, to pay the arbitration fee at Rs 4,100 per case to him. In this way, Ladhar demanded Rs.25.79 lakh as his arbitration fee. According to the PIL, Ladhar has collected approximately Rs.1.5 crore as his arbitration charges in various cases. Petitioner also referred to Rule 13 (8) of the All India Services (Conduct) Rules, which says that no member of All India Services can charge any fee for any work done by him for any private party, or a public body, without permission of the government.

However, Ladhar did not have any such permission from the government.

 

 

 

 

HC rules in favour of RGV

http://timesofindia.indiatimes.com/entertainment/bollywood/news-interviews/HC-rules-in-favour-of-RGV/articleshow/16748771.cms

VICKEY LALWANI, Mumbai Mirror | Oct 10, 2012, 09.41AM IST

The failure of Department had led toablamegameandconsequent rift between Sanjay Dutt, Dharam Oberoi and Ram Gopal Varma only to later see Dutt and Varma patch up, leaving Oberoi in the lurch.

A miffed Oberoi went on to file a case against Varma for non payment of dues amounting to Rs 50 lakh. He took the battle a step further by seeking a stay on the October 12 release of the film Bhoot2 directed by Varma and produced by Alumbra Productions Pvt Ltd.

Oberoi’s contention was that Bhoot 2 is a film owned by Varma, and Varma owes him Rs 50 lakh for the movie Department, co-produced by both ofthem.However,themattercameup for hearing before the Bombay High Court on Tuesday and the court refused to grant the stay on Bhoot 2’s release.

Varma and Alumbra Productions Pvt Ltd were represented by lawyer Ajay Vazirani of M/s. Hariani & Co., Advocates & Solicitors. Vazirani told TOI, “Our victory will set an example in the industry for many who try and stall the release of films a few days prior to their release date in an attempt to extort money from the filmmakers.”

Oberoi however declined to comment. All we can say is while RGV can heave a sigh of relief for now as Bhoot 2 will hit theatres on October 12 as preordained, the war between Oberoi and him looks like it is far from over.

 

 

 

 

 

Rajneesh Goel tells HC: We’ll pick up dry waste twice a week

http://timesofindia.indiatimes.com/city/bangalore/Rajneesh-Goel-tells-HC-Well-pick-up-dry-waste-twice-a-week/articleshow/16747307.cms

TNN | Oct 10, 2012, 05.38AM IST

BANGALORE: BBMP commissioner Rajneesh Goel on Tuesday submitted before the Karnataka High Court that dry waste would be collected twice a week and not once as planned earlier. He told a division bench headed by Chief Justice Vikramajit Sen there is no problem with further increasing the frequency.

He was replying to a query posed by the court after GR Mohan, city advocate who has filed a PIL, claimed that collection of dry waste once a week will not help the cause.

The commissioner promised to speed up other measures for collection and disposal of solid and wet waste.

The court was further informed that the new measures by way of fresh tenders would result in 40% reduction in spending on garbage collection and disposal in segregated form. “The dry waste is 40% and is straightaway money. This will reduce the cost of transporting it to landfills 50kms away. There is good demand for composted wet waste as it can be used as manure. If we remove 40% bulk waste, we have to deal with 1,500 tonnes of wet waste, 700 tonnes of dry and 300 tonnes of inert waste per day,” he explained.

The commissioner admitted there are some constraints regarding collection of waste and hoped the new system of “no littering” would address this issue. He also said that relaxed tender conditions have enabled more persons to participate in the process resulting in competition. The bench directed BBMP to submit a status report by November 6.

The bench adjourned to Thursday the hearing on petitions by garbage contractors challenging the new tenders.

You’ll have to be superseded: HC

The high court on Tuesday morning warned the BBMP of supersession if it did not change its ways. A division bench headed by Chief Justice Vikramajit Sen directed the BBMP commissioner to appear in the afternoon session to answer queries on the garbage issue.

The bench asked why the BBMP should not be superseded as per the KMC Act for failing to address the problem. “Obviously you are not interested in solving the problem. Everybody is hand in glove. Supersession is the only way out. We have to do it. If you cannot solve the problem, you have no business to be there,” it observed.

The PIL by GR Mohan sought a specific direction for superseding the civic body for failing in its duty.

The bench observed that citizens can’t wait till the dispute between BBMP and contractors is settled. The bench indicated it wouldn’t hesitate to send officials to jail if they mislead the court. “Our patience is also running out. Some of your officials must be sent to those landfills,” the bench observed.

 

 

 

 

HC rejects plea for policy against female feticide

http://timesofindia.indiatimes.com/city/jaipur/HC-rejects-plea-for-policy-against-female-feticide/articleshow/16746621.cms

TNN | Oct 10, 2012, 04.01AM IST

JAIPUR: The Rajasthan High Court on Tuesday disposed of without any directions the three applications wherein it was requested that the state government be asked to take certain policy decisions to curb female infanticides.

The applications were filed with the public interest litigation (PIL) already pending with the court on the subject of female foeticide. The division bench of chief justice Arun Mishra and justice SS Kothari disposed of the applications saying the petitioner, advocate SK Gupta should make a representation before the state as the demands raised by him were a subject matter of the government policies. Gupta had pleaded that the government be directed to grant pensions to parents who have two daughters only. The court was told that the Madhya Pradesh government was already paying the pension such parents in its state. The second application related to government playing a role in dispelling the religious belief that last rites of dead person can be performed only by a son. It was suggested the government should provide incentives to daughters who perform the last rites of their parents.

 

 

 

 

HC seeks state’s stand on ownership rights

http://timesofindia.indiatimes.com/city/kochi/HC-seeks-states-stand-on-ownership-rights/articleshow/16745152.cms

TNN | Oct 10, 2012, 01.05AM IST

KOCHI: The Kerala high court on Tuesday ordered the state government to inform its stance on ownership rights over the Halcyon Castle, popularly known as the Kovalam Palace.

The directive was given by a division bench comprising Chief Justice Manjula Chellur and Justice AM Shaffique on a public interest litigation filed by Jana Samparka Samithi secretary Dhanan K Chettiancheril.

The society, which claims to be working towards a corruption-free society, said the palace had played a significant role in the state’s history and it should be deemed as a monument according to the provisions of Ancient Monuments and Archaeological Sites and Remains Act of 1958. It said the government was bound to preserve the palace and it did not have the right to dispose it or to hand over its management to a private party.

It contended that private groups shouldn’t be allowed to use public monuments for their business interests. Political leaders are unnecessarily accommodating business groups and the government’s decision to lease the palace out is the result of such corrupt practices, it said. Following media reports on the state decision to hand over the palace and the accompanying 4.13 hectares to RP Group on lease, the group had told the media last month that it is the legal owner of the palace besides revealing that it is willing to hand it over to the state to avoid litigation.

 

 

 

HC nod for RJIL merger with RIL

http://business-standard.com/india/news/hc-nod-for-rjilmergerril/489031/

BS Reporter / Mumbai/ Ahmedabad Oct 10, 2012, 00:45 IST

Following the merger, entire businesses and the undertaking of RJIL would be transferred to, and vest with, RIL

The Gujarat high court has allowed the meger of Reliance Jamnagar Infrastructure Limited (RJIL) with Reliance Industries Limited (RIL) the 100 per cent holding company of the former. The nod has been given under the Sections 391 to 394 of the Companies Act for Scheme of Arrangement of the nature of amalgamation.

RJIL, a 100 per cent subsidiary of RIL, had sought High Court’s permission for merger with the holding company with a view to optimise profitability, administration, efficiency of operation and optimal utilisation of available resources.

Justice Abhilasha Kumari on Monday granted the scheme of arrangement saying that grant of scheme would ultimately benefit the company and would not affect anyone’s rights.

While granting the scheme, the court also dealt with the objections raised by Regional director, ministry of corporate affairs.

The court noted that they were duly taken care off. The court further held that it has the jurisdiction to decide the issue.

RJIL is presently developer and operator a Special Economic Zone (SEZ) in Jamnagar and was into business of infrastructure development. Whereas RIL is India’s largest private sector enterprise, with businesses in the energy and materials value chain. It is a Fortune Global 500 Company, with activities spanning to exploration and production of oil and gas, petroleum refining and marketing, petrochemicals and textiles.

Following the merger, entire businesses and the undertaking of RJIL would be transferred to, and vest with, RIL.

 

 

HC reserves verdict in land scam case against Kumaraswamy

http://www.business-standard.com/generalnews/news/hc-reserves-verdict-in-land-scam-case-against-kumaraswamy/66251/

Press Trust of India / Bangalore October 09, 2012, 17:45

The Karnataka High Court today reserved orders on a petition by JDS state president H D Kumaraswamy seeking quashing of a case filed against him for alleged illegal denotification of government land in 2007 when he was the chief minister.

Justice H N Nagamohan Das reserved his judgement after completion of arguments on the petition.

The case was filed by Lokayukta police on a private complaint by one M S Mahadevaswamy before the Lokayukta court alleging illegalities in denotification of three acres of government land here by Kumaraswamy for “pecuniary gain”.

Police filed the charge sheet against Kumaraswamy on April 16 accusing him of offences under various IPC sections and the Prevention of Corruption Act.

During the arguments, senior counsel Hazmath Pasha appearing for Kumaraswamy had submitted his client had “not played a corrupt role and the order of denotification of the said land was not intentional.

He had also contended that the order of cognisance by the Lokayukta court “is without any jurisdiction as no sanction has been taken (by the designated authority)”.

Counsel for the respondent Palakshaiah argued there was no need for any sanction for offences committed under the Prevention of Corruption Act.

Besides Kumaraswamy, former minister C Chennigappa and two others, the erstwhile owners of the land, have been charged under various sections of IPC.

 

 

 

HC asks Jharkhand govt to ensure welfare of para teachers

http://www.business-standard.com/generalnews/news/hc-asks-jharkhand-govt-to-ensure-welfarepara-teachers/66461/

Press Trust of India / Ranchi October 09, 2012, 22:25

Jharkhand High Court today directed the state to initiate proper steps for welfare of para teachers, who were appointed on contract, and demanding regularisation.

Hearing a petition filed by a forum known as Swarojagar Sangh, Chief Justice P C Tatia and Justice Jaya Roy also asked government not to stop mid-day meals for students in the schools.

The Sangh had filed against the frequent strikes by para teachers despite shortage of staff primary, middle and high schools, disrupting studies in the schools.

Praying for a ban of strikes by para teachers, the petitioner said para-teachers were appointed on contract by the block and the district officials of the education department and their strikes stopped the mid-day meal programme as well.

Praying regularisation of their services, the association of para teachers submitted that they were appointed just like other teachers, but were getting only Rs 4,500 while other (regular) teachers were drawing Rs 20,000.

The court would hear the petition in November for which date has not yet been fixed.

 

 

 

Should banking M&As come under the CCI?

http://www.business-standard.com/india/news/should-banking-mas-come-undercci/489040/

It is the only body skilled enough to check anticompetitive practices but it has no role in facilitating the banking consolidation process

Business Standard / Oct 10, 2012, 00:04 IST

It is the only body skilled enough to check anticompetitive practices but it has no role in facilitating the banking consolidation process

PRADEEP S MEHTA
Secretary General, CUTS International

 “In order to address the overlap and conflict issues among our regulators and competition agency, the amendment Bill makes it mandatory for mutual consultation on all such issues”

One must compliment Palaniappan Chidambaram to be able to rise above narrow considerations and support the jurisdiction of the Competition Commission of India (CCI) as the sole body to review mergers in not only banking, but all sectors. Thus, he has promoted the integrity of the economic governance system, which is imperative for the success of economic reforms.

All countries empower the competition regulator to oversee competition issues in all regulated sectors, including banks, purely because of their skills. The only exception vis-à-vis banking mergers is Turkey, but there, too, the central bank has to use the competition law to review mergers. A variation of this exists in the US, where the Federal Reserve and a few big state banking regulators oversee banking mergers, but the Antitrust Division of the Department of Justice can also intervene to check the competition angle.

In many countries wherever competition issues arise in regulated sectors, including mergers, the competition agency has to mandatorily consult the sector regulator. The proposed Competition Amendment Bill cleared by the Union Cabinet on October 4, 2012, has provided for such a coordinated approach. The process itself has a chequered history, which is relevant to the discourse. To begin with, the proposed Banking Regulation Amendment Bill, which is pending before Parliament, ousted the CCI’s jurisdiction on mergers. When the proposal on the Competition Amendment Bill came up before the Cabinet sometime in July, then Finance Minister Pranab Mukherjee sought blanket exemption for banks. Mukherjee’s position was echoed by Kapil Sibal – the communications minister – who wanted an exemption for telecom mergers because the Department of Telecom has its own merger guidelines. Chidambaram, then home minister, opposed it, and the matter was conveniently referred to a Group of Ministers (GoM) headed by Mukherjee. After Mukherjee became president, Chidambaram was appointed the chairman of the GOM and also as the new finance minister. He continued with his earlier stand in the GoM and the Cabinet, fortuitously, did not change the tune.

In order to address the overlap and conflict issues among our regulators and competition agency, the amendment Bill makes it mandatory for mutual consultation on all such issues. This paradigm has also been captured in the proposed National Competition Policy (and the Planning Commission’s National Manufacturing Plan), which will now go before the Cabinet for adoption.

We have faced many such conflicting situations in which there are ambiguities in our laws that create parallel jurisdictions for different regulators. They end up creating unpredictable legal environments, a lawyer’s paradise but an investor’s nightmare. Clearly, the law ministry sleeps and promotes such incoherent ambiguities, while the line ministries push their own versions, tinged by coalition politics, ignorance and dichotomies. The latest row is on the draft notification issued by the Central Electricity Regulatory Commission (CERC) on competition issues in the electricity sector in August, 2012. It is empowered to do so under the Electricity Act, 2003.

Mind you, all regulatory laws are required to promote competition, but it is only the CCI that is empowered to check anticompetitive practices in the whole economy. Even our courts have not been able to appreciate this fine distinction. In the case of a complaint against an aviation fuel cartel, the Delhi High Court erroneously stayed the proceedings before the CCI on grounds that the Petroleum and Natural Gas Regulatory Board (PNGRB) is the authorised body. Under its own law, the PNGRB is required to promote competition and consumer interest, but not check anticompetitive practices. But the PNGRB does not have any competition regulations.

Why was the CERC sleeping when it could have and should have drafted the competition regulations long ago? Since the recent debate on banking mergers, CERC realised that it, too, should flex its muscles. In any event, once Parliament clears the Competition Amendment Bill and the Banking Regulations Amendment Bill, ambiguities in other laws will also need sorting out.

ASHVIN PAREKH
Partner | National Leader – Global Financial Services, Ernst & Young

“Risk management practices and financial strength are more crucial to the sustainability of the sector. So, the commission should perhaps rely on RBI’s approval framework

In a free or competitive market economy, the prices of goods and services should be determined by demand and supply. The Competition Commission of India (CCI) was established to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect consumers’ interests and to ensure freedom of trade carried on by other participants in markets. Any monopolistic or restrictive trade practice aimed at controlling supply or prices would be detrimental to the overall economy by reducing the economic efficiency leading to externalities and costs. Given the current regulatory framework and powers of the Reserve Bank of India (RBI), is there a role for CCI in the banking consolidation process?

Our banking system comprises 86 scheduled commercial banks, 82 regional rural banks, 1,645 urban cooperative banks (53 scheduled cooperative banks) and 95,765 rural cooperative banks. The business in terms of assets is dominated by scheduled commercial banks. Unlike manufacturing or other services, a critical aspect in the banking and financial industry is risk management and financial stability of the entities. The stringent regulatory and compliance requirements on capital adequacy and risk management practices lend to the stability of the banking system.

For financial products and service providers, the size of their balance sheets lends them financial stability and economies of scale. At any given instance there may be a variety of risks that are carried in the banks’ balance sheets. Larger the size, the better able a bank is to hedge and disperse the concentration as well as other risks within the portfolio. Size also provides banks with the ability to tide over unfavourable business cycles. The prolonged period of high interest rates over the last couple of years has adversely affected many sectors as well as economic growth. The banking sector, though facing a deteriorating asset quality, has been able to absorb the shock with steady return on assets and increase in operating income.

Size also allows banks to cross-subsidise products and pricing. Social banking has been one of the thrust areas in recent years and given the fact that financial inclusion in the country is around 50 per cent, the size of banks will be the key in the expansion of banking services. Banking regulations require banks to keep aside about 28 per cent of funds in cash reserve ratio and statutory liquidity ratio. Any bank without size and a business model focused on financial inclusion will struggle to stay afloat. The costs of social banking have been prohibitive for banks due to lack of branches and distribution infrastructure. Even with effective leverage of technology, the small size of financial inclusion portfolios makes it difficult to generate profits.

The experience in other geographies shows that a pyramid structure has evolved over time through consolidation and amalgamations. It is based not just on size but also on the customer segments serviced. For example, in China the four large banks have approximately 50 per cent market share and in Australia the big four banks control 77 per cent of the market. Experience in many other geographies shows a similar trend. Meanwhile, the Indian banking industry is highly fragmented with the largest bank along with its associates having a market share of about 23 per cent, the second and the third-largest banks have 5.7 per cent and five per cent share respectively. Importantly, the size of Indian banks is pale in comparison to global banks. Though on some levels it might be felt that fragmentation would drive competition and better pricing and service for customers, smaller sizes have excluded banks from achieving economies of scale.

Another aspect to consider is whether consolidation would lead to monopolistic and unfair trade practices. The industry follows a base rate system for pricing that takes into account the cost of funds, operational costs and margins to arrive at a price. The high level of transparency and grievance redressal mechanism precludes unfair trade practices.

The industry may, in effect, benefit from consolidation, given the current fragmented state, helping improve economies of scale and ability to cross-subsidise products and pricing. Additionally, appropriate risk management practices and financial strength are more crucial to the sustainability of the sector. Considering these factors, the commission may perhaps rely on RBI’s approval framework.

 

 

 

CCI rejects complaint against Supertech

http://www.thehindubusinessline.com/companies/article3980893.ece?homepage=true&ref=wl_home

PTI

New Delhi, Oct 9:

The Competition Commission today rejected a complaint regarding alleged abuse of dominance by real estate developer Supertech, as the fair trade regulator did not find any evidence to support the charges.

There is nothing on record which gives any evidence of dominance of Supertech, the regulator said in an order dated October 4.

The Commission said that it finds that no prima facie case has been made out against Supertech for violation of the provisions of the Act and referring the matter to Director General for investigation.

“Therefore, the dominant position of the opposite party (Supertech) in the relevant market is not made out under section 4 of the Act. The question of abuse of dominance, therefore, does not arise,” it added.

The complaint was moved by Shivang Agarwal and Shubham Agarwal, who had booked one flat each on payment of Rs 51,000 each.

The Commission said the grievance of the informants apparently shows infringement of contractual terms ad idem.

According to the informants, even though they were informed that no preferential location charges would be levied on flat on 12th floor and above, the realty firm raised demand for the same.

They alleged that Supertech was arbitarily deciding the price and raising demand contrary to the agreed terms.

 

 

 

ACB names 4 officers in ‘Adarsh of suburbs’

http://www.mumbaimirror.com/article/15/2012101020121010020648201864182e2/ACB-names-4-officers-in-%E2%80%98Adarsh-of-suburbs%E2%80%99.html

Abhijit Sathe and Yogesh Naik

Posted On Wednesday, October 10, 2012 at 02:06:42 AM

Even before the dust settles around the Adarsh society scam, which cost a chief minister and several top IAS officers their jobs, four senior officers, some of them now retired, are again under scrutiny for bending rules to divert land reserved for the dishoused in Bandra to build plush apartments for high court judges.

The Anti-Corruption Bureau has sought the government’s approval to start an open inquiry into the role of former chief minister late Vilasrao Deshmukh and the four officers in de-reserving a piece of land near Gurunanak Hospital in Bandra (east) and allotting it to Nyayasagar Co-operative Housing Society which has several serving and retired high court judges as members.

While the ACB will drop Deshmukh’s name, the officers facing the heat are — former additional chief secretary, urban development department, Ramanand Tiwari; former additional chief secretary (revenue) Rakesh Chandra Joshi, who is now a member of the Central Administrative Tribunal; former Mumbai district collector Chitamani Sangitrao; and CEO, Slum Rehabilitation Authority, Sambhaji Zende-Patil.

Both Deshmukh and Ramanand Tiwari were also probed for their role in the Adarsh society scam.

The ACB in its request for a go-ahead to launch a probe has said all the four officers held important positions in revenue, urban development department and the collector’s office when the Nyaysagar file was cleared and that they misused their powers for financial gains.

State ACB’s director-general Raj Khilnani told Mumbai Mirror on Tuesday, “Even if Vilasrao is no more, our probe against officers will continue.”

A public interest litigation is also pending before the Bombay High Court on the same issue.

Five sitting high court judges, one sitting Supreme Court judge, and the chief justice of Madhya Pradesh High Court are among the judges allotted apartments in the building.

At the heart of the controversy is a 2,494-square-metre plot which, as per the development plan, was reserved for housing those displaced because of public projects in the city.

In 2002, some sitting and retired high court judges wrote to the then chief minister Vilasrao Deshmukh seeking allocation of land for a housing project. Two such societies, Nyaya Sagar and Siddhant, were formed and land allocated to them both a year later.

According to the ACB, the then chief minister and his bureaucrats issued a letter of intent to Nyayasagar in 2003 even though the Bandra plot was then reserved for project-affected people. The change of reservation in the development plan took place only in 2004.

There are close to 2.5 lakh families likely to be displaced because of the projects to be soon launched by the Mumbai Metropolitan Region Development Authority, Maharashtra State Road Development Corporation, the  Indian Railways and the Brihanmumbai Municipal Corporation. The state government obviously does not have enough houses to rehabilitate these families.

The collector’s office also went out of its way to allot the land to the judges’ housing society. In March 2003, almost a year before the reservation was changed, it gave a provisional allotment of land to the society. The reason assigned for the haste was that the collector’s office wanted to prevent encroachment on the assigned plot.

None of the four officers in the dock remember anything clearly about the case. All of them say that they had nothing to do with granting permissions to Nyaysagar.

 

 

 

 

HC to hear Centre’s plea challenging warrant against secretary

http://timesofindia.indiatimes.com/city/mumbai/HC-to-hear-Centres-plea-challenging-warrant-against-secretary/articleshow/16746054.cms

Swati Deshpande, TNN | Oct 10, 2012, 02.55AM IST

MUMBAI: The Central Administrative Tribunal (CAT) in Mumbai has issued a bailable warrant against R S Gujral, who, till August this year, was secretary revenue in the central finance ministry, and is now secretary, expenditure. The warrant was issued recently to secure Gujral’s presence before the tribunal in connection with a case filed by Nitish Ray, a 78-year-old retired joint commissioner, Customs & Central Excise, over his promotion as additional commissioner based on a government order in 2002.

Ray had retired in the mid-1990s but moved the CAT in 2010 for his “rightful post dues” as his lawyer Sandeep Marne said. The tribunal passed orders in March 2011, accepting Ray’s petition. But when the government failed to implement its orders for over a year, Ray filed for contempt in June this year. The tribunal directed Gujral to appear in person on October 3 and when he failed to do so, issued the bailable warrant. But between June and October, the Centre moved the Bombay HC to challenge the March 2011 CAT order. On September 24, the HC gave the government liberty to comply with the tribunal’s order in six weeks.

On October 3, the government lawyer V S Masurkar argued that Gujral was under the impression that he need not appear since the HC had passed orders giving the ministry six weeks to consider Ray’s case.

The tribunal said, “The respondent was conscious of the fact that he had to appear to explain why action for contempt should not be initiated against him.”

The tribunal has sought a compliance report from Gujral within a week.

On Tuesday, the Centre moved the Bombay HC to challenge the bailable warrant on the grounds that the CAT order was “illegal” as the HC had already passed orders giving six weeks to the Centre. Besides, it said Gujral had vacated the post and was now a secretary of another department. In the interim, the government filed a report, saying it had considered Ray’s case and had rejected it as he was held ineligible for promotion.

CAT refused to recall its order of bailable warrant and posted the matter for further hearing on October 15. Now with the government rushing to HC, the HC bench of Justices D D Sinha and V K Tahilramani on Tuesday said it would hear the matter on October 10.

 

 

 

LEGAL NEWS 08.10.2012

Have a heart for poor offenders: Supreme Court

http://articles.timesofindia.indiatimes.com/2012-10-07/india/34305425_1_trial-courts-prison-term-offenders

Dhananjay Mahapatra, TNN Oct 7, 2012, 05.09AM IST

NEW DELHI: The Supreme Court has frowned upon the sentencing system which forces poor petty offenders to remain in jail even after serving their sentence because of their inability to pay the fine imposed on them along with the period of imprisonment.

“Have a heart for poor petty offenders” was the message sent out by a bench of Justices P Sathasivam and Ranjan Gogoi when it ruled on Friday that trial courts should use their discretion and not impose hefty fines as defaulting in payment of the fine entailed additional long period of incarceration.

“Where a substantial term of imprisonment is inflicted, an excessive fine should not be imposed except in exceptional cases,” said Justice Sathasivam, who authored the judgment. The bench ruled that imprisonment for defaulting payment of fine was not a sentence. “To put it clear, it is a penalty which a person incurs on account of non-payment of fine,” it said.

“On the other hand, if sentence is imposed, undoubtedly, an offender must undergo unless it is modified or varied in part or whole in the judicial proceedings. However, the imprisonment ordered in default of payment of fine stands on a different footing,” the bench said. Advising the trial courts not to impose “harsh or excessive” fines, the bench said, “It is the duty of the court to keep in view the nature of the offence, circumstances in which it was committed, the position of the offender and the other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of the offence before ordering the offender to suffer imprisonment in default of payment of fine.”

The court probably had in mind the pitiable condition of the poor prisoners who had no means to foot the fine and prefer to undergo the additional sentence specified for non-payment of the penalty.

Over seven lakh under-trial prisoners facing charges in petty cases were released on personal bail bonds in two years from 2009 after then law minister Veerappa Moily worked hard to convince most of them were facing bailable offences but were not released because they had no means to furnish bail bond.

In several cases, the under-trial prisoners had served a term which was the maximum sentence that could have been imposed if s/he were found guilty at the end of the trial. The bench relaxed the prison term in default of payment of fine in a case under Narcotic Drugs and Psychotropic Substances (Prohibition) Act, where two people in Gujarat were handed out 15-year imprisonment and a fine of Rs 1.5 lakh.

 

 

 

 

Schools to arrange for basic facilities of water, toilets

http://www.indianexpress.com/news/schools-to-arrange-for-basic-facilities-of-water-toilets/1013485/0

MANOJ MORE , Atikh Rashid : Mon Oct 08 2012, 03:42 hrs

With the Supreme Court making it mandatory for schools, either pubic or private, to arrange for enough toilet blocks and proper drinking water facilities on their premises, civic bodies, Zilla Parishads and Cantonment boards have sprung into action. If civic activists are to be believed, several schools — be it civic, cantonment and private — have either inadequate number of toilet blocks or the water tanks are located in unhygienic conditions.

According to a PMC school board official, though civic schools have proper drinking water facilities, it will have to construct enough toilets and urinal blocks to meet the state government norm.

In a directive issued on Wednesday, the Supreme Court set a six-month deadline to create proper drinking water and toilet facilities in all the schools irrespective of their status — minority or non-minority.

According to Shubhangi Chavan, PMC Deputy Education Officer, “almost all” 300 civic body-run schools have both these facilities but the number of toilet blocks are not as per norms set up by the state. The norm states there should be one toilet block and three urinals for every 100-120 student. In a number of schools there are no separate toilets for girls and boys in schools which operate in two shifts with girls in morning shift and boys in the afternoon.

“With a couple of exceptions, there are toilet facilities in all the schools run by the PMC. But we will have to construct more toilet blocks. The Building Construction Department which is responsible to maintain cleanliness in schools has sprung into action and we will construct the required number of toilet blocks and urinals before the SC deadline,” said Chavan.

Of the Rs 2 crore budget allotted for sanitary facilities at civic schools for 2010-11, only Rs 21 lakh was utilised, officials said. School board officials said at the schools which do not have toilets, for instance one in Kokate Vasti, the PMC is facing trouble to construct them as these schools are built on rented land and the PMC does not have the owner’s permission to build the toilets.

In Pimpri-Chinchwad, education department officials said they have adequate number of toilets and water facilities in schools, but these need to be strengthened. “Following the SC directive, we have drawn up a plan to improve the water and toilet facilities in all our schools,” said PCMC education official Vishnu Jadhav. The PCMC has 134 primary and secondary schools with a student count of 60,000. Jadhav said PCMC will next week issue directives to private schools to ensure they put proper water and toilet facilities on their premises. Pimpri-Chinchwad has over 200 schools with a student strength of 2.60 lakh.

Deputy education officer of Pune Zilla Parishad P H Mahajan said till last year many ZP-run schools in the district did not have toilets and urinal blocks but following an HC order, all these schools have been equipped with required number of toilets and urinals.

Parents have welcomed the SC order. “In one of the private schools in Pimpri, toilet blocks are located at the entry gate which spreads stinks in the entire premise. Students suffer in silence. Now, some sense will prevail among the management of private schools whose main focus is increasing fees,” said a parent, Ikhlas Sayeed.

 

 

 

 

 

No lie, says CM; sticks to his stand

http://oheraldo.in/News/Main%20Page%20News/No-lie-says-CM-sticks-to-his-stand/65353.html

October 8, 2012

TEAM HERALD
teamherald@herald-goa.com
PANJIM: Chief Minister ManoharParrikar on Sunday told HERALD that he stood by his stand that the State government had not been a party to the writ petition filed in the Supreme Court through the PIL of the Goa Foundation and therefore the apex court had not been made aware of the actions taken by the State government in the aftermath of the Shah Commission Report.
Parrikar said now that notices had been issued by the apex court to the State, the government would instruct its counsel to place before the Court the “series of actions following due procedure” taken by his administration on the illegal mining issue.
The chief minister clarified that despite the State government being named as a respondent, State authorities had not received any copies of the PIL and “we therefore had no way of knowing what the averments made in the PIL were in the run-up to the hearing on Friday”. Asked why, in that case, the four senior advocates recorded as present on behalf of the State (including the State Pollution Control Board) in the Supreme Court on Friday had not taken the opportunity to inform the Court of the actions taken by his administration, he conceded they had not been instructed to do so.
“That’s because unlike our legal officers based in the State, our standing counsel and other senior advocates representing the Goa government in the Supreme Court cannot always intervene immediately as they may have insufficient knowledge of the actions taken by the administration. Now that we have been provided copies of the PIL and have been given a time-frame within which to respond, we will be briefing our lawyers to submit to the Court the actions taken by my government against illegal mining which I reiterate are on the lines of what the Honorable Supreme Court itself has directed,” the chief minister told Herald.
Parrikar disagreed with the “interpretation” that the State was a party to the case and it was on the basis of precisely that locus standi that its lawyers had appeared in Court on behalf of the State government and itsvarious departments.  “Yes, our lawyers were present but they were not appearing in the case. They were there, led by our standing counsel, as representatives of the Goa Government and to observe the proceedings and respond to any questions or observations the Bench may have had regarding the State government.”

 

 

 

 

Petition opposes redevelopment of land of Raymond Mills

http://zeenews.india.com/news/maharashtra/petition-opposes-redevelopment-of-land-of-raymond-mills_804231.html

Last Updated: Sunday, October 07, 2012, 13:34

Mumbai: A petition opposing redevelopment of land belonging to Raymond Woollen Mills in nearby Thane has been converted into a PIL by the Bombay High Court.

A bench headed by Justice A M Khanvilkar had on October 4 ordered the petition to be converted into a PIL and placed it for hearing before an appropriate bench.

The petition, filed by Kamgar Utkarsha Sabha and local MLA Pratap Sarnaik, contends that Raymond Woollen Mills has 4,63,000 square metres of land at J K Gram in Majivra Ovale, which is proposed to be used for redevelopment by the company.

The petitioners contend that land is currently being used for industrial purpose as it has been granted exemption under the Urban Land Ceiling Act. Under the Act, one can hold huge tracts of land only for industrial use.

In 2007, the Urban Land Ceiling Act was repealed and a new Act came in. In November 2009, the Mill submitted proposal to Thane Municipal Corporation for redevelopment.

If it gets approval, it would be against the interest of public and workers, petitioners say, adding that intention of the Act was to utilise the mill land for industrial purpose and it would be defeated if the land was allowed to be redeveloped to earn profits.

Though the Urban Land Ceiling Act has been repealed, the condition of holding vast tracts of land for industrial use remained in force under the new Act, it added.

PTI

 

 

 

 

 

HC upholds conviction of couple

http://www.indianexpress.com/news/hc-upholds-conviction-of-couple/1013474/

Express news service : Mumbai, Mon Oct 08 2012, 03:30 hrs

Bombay High Court (HC) has upheld the conviction of a couple that committed a murder in 2001 at Sakinaka. The order was passed by a division bench of Justices Abhay Oka and S P Davare on September 28, nearly nine years after the trial court judgment.

The murder came to light after a police constable discovered the torso of a female body in a steel tank covered with a cloth in Andheri-Ghatkopar Link Road area. The limbs were later found in a dustbin by the roadside. A chopper and a razor was also found in the bin.

While holding the couple guilty, the court said, “In our considered view, it is not possible to interfere with the finding of the trial court that the guilt of both appellants was proved beyond reasonable doubt.”

Accused Mohammed Iqbal Ansari alias Raju Chakravarty was arrested by police after they found his name written on the tank. His wife Deepa Ansari was subsequently arrested. While searching their house, police reportedly found bloodstains on the floor and in a tank in the room.

 

 

 

 

Student moves HC against PhD registration cancellation

http://timesofindia.indiatimes.com/city/kozhikode/Student-moves-HC-against-PhD-registration-cancellation/articleshow/16718762.cms

TNN | Oct 8, 2012, 06.05AM IST

KOZHIKODE: A research scholar has moved the high court against the cancelation of her PhD registration by the Calicut University. The complainant, Shahana V A, had earlier approached Malappuram police’s women’s cell, accusing the vice-chancellor, M Abdul Salam, of shouting and verbally abusing her in his office.

Shahana had pursued Masters degree in library science before qualifying for Junior Research Fellowship (JRF). She joined the doctoral programme in Malayalam, but the varsity expelled her on grounds that she was simultaneously pursuing two courses. It was also pointed out that she had not obtained transfer certificate (TC) from the library science department.

In her petition, Shahana claimed that she was a victim of vindictive action by the varsity for filing a complaint against the VC with the woman’s cell. She alleged that the VC shouted at her and used abusive words when she went to his chamber on July 10 with a group of students to submit a memorandum against the varsity’s decision to charge a fee from students for using the Seminar Complex.

On receiving the memorandum, the varsity served her a show-cause notice, seeking explanation on why disciplinary action should not be taken against her.

In the petition filed before the high court on Saturday, Shahana has said that she was victimized and the action of the VC cancelling her PhD registration was ‘biased, prejudiced and without any legal basis’.

She said the she had not obtained the TC from the department of library science since it was not mentioned in the list of documents to be submitted along with the PhD application. Shahana claimed that she had applied for TC from the department on July 12, but it was not issued to her till date.

“Even otherwise, nowhere in the CU statutes it is stated that submission of TC is mandatory for the students who get JRF to register for PhD and none of my fellow students had produced the TC before joining the programme,” she said. The high court will take up the case on Monday.

The VC refused to comment when contacted on Sunday.

 

 

 

 

 

HC rejects PIL against President’s decision

http://www.deccanherald.com/content/283812/hc-rejects-pil-against-presidents.html

New Delhi, Oct 7, 2012, PTI:

The Delhi High Court has dismissed a PIL challenging a decision of the President to appoint Saryu V Doshi as one of three members of a search committee, constituted to shortlist three names to head Lalit Kala Akademi.

“As the ultimate decision is left to the President of India, such a decision cannot be found fault with unless a nominee is not eligible to be nominated in the Search Committee,” chief justice D Murugesan and justice Rajiv Sahai Endlaw said.

The courts decision came on the PIL filed by Prasanta Kalita, an artist who has been working with the Akademi here for the past 10 years. Kalita had claimed that under the rules, Doshi, a former pro-term chairman of the Akademi, cannot be appointed by the President as one of the members of the search committee, formed to shortlist names of three persons.
“In terms of constitution/memorandum of association, only a past chairman could be nominated as one of the members of the search committee,” the PIL said, adding Doshi was only the pro-term chairman of the Akademi.

Out of three shortlisted candidates, one would be appointed as the chairperson of the Akademi. The judgement said, “The Memorandum of Association empowers the appointment of a pro-term chairman who will be entitled to discharge, inter alia, all the functions of the chairman in terms of Clause 5(iv). The selection process began by appointing members to the search committee to shortlist three names, out of them, one would succeed Ashok Vajpayee.”

“Out of three members of the search committee, the petition challenged Doshi on the ground that she was only a pro-term chairperson. The role of the committee is only to draw up a panel of three names and submit the same to the President who shall appoint one of them as the Chairman of the Akademi,” the court said.

 

 

 

 

 

HC for mechanism to inform complainant abt status of complaint

http://www.business-standard.com/generalnews/news/hc-for-mechanism-to-inform-complainant-abt-statuscomplaint/65371/

Press Trust of India / Mumbai October 07, 2012, 12:55

The Bombay High Court has suggested that Maharashtra government set up a mechanism whereby police can inform complainants that no ‘cognizable’ offence is made out in a case.

Cognizable offence is any serious offence where police have to conduct probe, without court’s order.

“If the police, after applying its mind, feels that no cognizable offence is made out from the complaint, then it should communicate this immediately. This will then allow the complainants to pursue other legal courses,” division bench of Justices A S Oka and S S Jadhav said.

“Why not consider setting up a machinery for this,” the court added.

The bench was hearing a petition filed by a person seeking direction to Thane police to initiate action on a complaint-letter sent by him in 2009. He had alleged cheating by a relation.

The police informed the court last week that it conducted inquiry and found that it was a civil dispute between family members, and no cognizable offence was made out.

“People write complaints to the police and do not get a response for years and then finally they approach High Court seeking relief. We have to tell them to adopt other legal remedies like filing private complaints (in Magistrate’s court). If you (police) feel no case is made out, then why can’t the police themselves inform the complainant? It is the police’s obligation,” Justice Oka said.

 

 

 

 

HC orders immediate repairs of Vikhroli court building

http://daily.bhaskar.com/article/MAH-MUM-hc-orders-immediate-repairs-of-vikhroli-court-building-3891246-NOR.html

PTI | Oct 07, 2012, 18:19PM IST

Mumbai: Observing that the condition of two Metropolitan Magistrate Courts in suburban Vikhroli was very bad, the Bombay High Court has directed the authorities to carry out repairs immediately.

Division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar passed the order on two PILs, after a report by HC Registrar said that immediate repairs were needed.

Assistant Government pleader Smita Gaidhani submitted last week that Public Works Department had not maintained the building on the ground that the property had not been taken on the ‘Property Register Book’.

High Court directed that PWD Secretary and Superintending Engineer, Mumbai Circle, be made respondents, and these officers should take steps to bring the Court premises on the Property Register Book before October 11.

Further, the HC said, the officers should inspect the Vikhroli Court premises before month-end and take a decision on repairs. These directions would not come in the way of taking up construction of a new court building on the adjoining land, HC clarified. Any encroachment on that land should be removed, with police protection, if needed, it said.

Shivshankar Joshi, one of the petitioners, had said encroachments by shops and commercial establishments had made it difficult for litigants and lawyers to enter the premises.

The High Court has now asked Assistant Municipal Commissioner to submit a report by October 18, the next date of hearing, about the encroachments, and take action.

 

 

 

 

CAG should be given more powers, says Bombay HC’s retired Justice Suresh

http://www.business-standard.com/india/news/cag-should-be-given-more-powers-says-bombay-hcs-retired-justice-suresh/488806/

Press Trust Of India / Mumbai/ Ahmedabad Oct 08, 2012, 00:22 IST

Justice Hosbet Suresh, the retired Bombay High Court Judge, has advocated for giving more power to all the constitutional and statutory bodies like CAG and inquiry commissions.

“Statutory bodies like CAG and Commissions should have more than recommendatory powers, their recommendations should be made binding for Governments and these institutions should also have powers to take penal actions against defaulting governments or its departments,” said Justice Suresh while addressing media here on Sunday.

He was here on Sunday on an invitation from PUCL (People’s Union for Civil Liberties), Gujarat, to release a book ‘Gujarat CAG report: A public hearing of discussion’, a compilation of opinions and suggestions expressed by more than 150 activists during a public hearing held in the month of June, on the state CAG report.

“The way governments are treating CAG reports for past so many years, it has become imperative to give more teeth to these constitutional and statutory bodies,” he said. He also emphasised that the different Commissions set up either by state or central governments should submit their report within a set time frame and their recommendations should also be made binding on the governments.

“We have examples of Justice Srikrishna and Justice M S Liberhan commissions. And in Gujarat, Justice Nanavati commission has not submitted its final report even after 10 years of its probe,” he said. He also took a dig at the Modi government on neglecting CAG report, which he termed as a critical organ of the democracy.

“It is very unfortunate that Modi government tabled 2011-12 CAG report on the very last day of the budget session of the Assembly and it made sure that no discussion should take place on it,” he said.

He said that people outside Gujarat “have a very wrong impression” that Modi government has done a commendable job with widespread development.

“It is a myth which CAG exposed and hence the government intentionally avoided a debate on it on the floor of the House, which is essential in democracy,” he added.

Justice Suresh was part of an independent fact finding committee, under the chairmanship of Justice Krishna Iyer and People’s Tribunal on 2002 Gujarat Riots. “We will be submitting a memorandum to the President with our demand to give more powers to CAG and other constitutional and statutory bodies,” said Gautam Thakar, the general secretary, PUCL Gujarat chapter.

 

 

 

HC directs govt to seek Satish’s expertise in Ishrat case

http://www.milligazette.com/news/4171-hc-directs-govt-to-seek-satish-s-expertise-in-ishrat-case
The Milli Gazette
Published Online: Oct 08, 2012
Print Issue: 1-15 September 2012

Ahmedabad: A bench of Gujarat High Court comprising Justices Jayant Patel and Abhilasha Kumari directed the state government to ensure Satish Verma’s assistance while investigating the Ishrat probe. The CBI had sought permission to obtain Verma’s help. The court directed the government to provide Verma’s expertise for a period of four months. CBI had appealed against the police enquiry undertaken so that the central agency could continue the probe with Verma’s assistance. This will bring several vital facts to light.

 

 

 

 

Election Commission bans Atal Bihari Vajpayee bags in Himachal

http://www.ndtv.com/article/india/election-commission-bans-atal-bihari-vajpayee-bags-in-himachal-276764

Press Trust of India | Updated: October 08, 2012 08:31 IST

Shimla: With the model code of conduct in force in poll-bound Himachal, the Election Commission on Sunday asked the state government to stop distribution of carry bags, free of cost, to PDS consumers with picture of former Premier A B Vajpayee inscribed on them.

The scheme to distribute free carry bags to 16 lakh PDS card holders, launched on August 15 last, had been put on hold till the model code of conduct was in force in the hill state, Chief Election Commissioner V S Sampath said.

Mr Sampath, who was in Shimla to review arrangements for the assembly election, said “henceforth, no bags will be issued to PDS consumers with pictures of any political leader inscribed on them.”

He said the Commission had received a complaint in this regard and no such free bags would be distributed from today.

The Commission had also received complaints regarding violation of the model code of conduct by the ruling BJP and these would be looked into and action taken, if warranted, the CEC said.

He, however, expressed satisfaction over arrangements made by the state government for the assembly election slated for November four.

Mr Sampath said the Commission had received complaints about “bias reporting” by local Doordarshan Kendra and would take up the matter with the Union Information and Broadcasting ministry.

 

 

 

 

Kingfisher staff wife’s suicide: NHRC admits plea Vs Mallya

http://www.moneycontrol.com/news/business/kingfisher-staff-wifes-suicide-nhrc-admits-plea-vs-mallya_766154.html

The National Human Rights Commission has admitted a plea against Kingfisher Airlines Chairman Vijay Mallya. The plea urges the rights panel to initiate a case against him in the death of a Kingfisher employee’s wife.

Source: IBNLive.com

The National Human Rights Commission has admitted a plea against Kingfisher Airlines Chairman Vijay Mallya. The plea urges the rights panel to initiate a case against him in the death of a Kingfisher employee’s wife. Kingfisher store manager Manas Chakravarti’s wife in her suicide note mentioned that she couldn’t take the financial stress caused by non-payment of salaries.

In her suicide note, 45-year-old Sushmita wrote, “My husband works with Kingfisher where they have not paid him salary for the last six months. We are in acute financial crisis and so I am committing suicide”. The couple has a son who’s studying in an engineering college.

The victim’s body was discovered when her husband, who was at work, alerted the neighbours as she wasn’t answering her phone. When the neighbours broke in to the house, they found her hanging from the roof. She was rushed to a nearby hospital where she was declared brought dead.

She had also expressed fear that the company may be closed down and her husband may lose his job. In the note, she had also said that no one else was responsible for her taking the extreme step.

 

 

 

 

Child rights commission to pull up Haryana Govt on rape cases

http://www.thehindubusinessline.com/industry-and-economy/government-and-policy/article3975105.ece?ref=wl_industry-and-economy

Press Trust of India

‘You have seen the sex ratio as well. There are only 830 females to 1000 males.’

New Delhi, Oct 7:

Concerned over a spurt in incidents of rape of teenaged girls in Haryana, the National Commission for Protection of Child Rights (NCPCR) on Sunday said it will seek explanation from the State Government in each case, including action taken against culprits.

The Commission also said the recent incidents with regard to women in Haryana have emphasised the need to focus on several issues, including the skewed sex ratio in the northern State.

“Ten girls have been raped so far. There have been molestation charges. Our Commission will ask them what has been done in each case. Have all of the accused been arrested? What proceedings have been done?” NCPCR chairperson Shanta Sinha said.

She was reacting to reports on a teenage Dalit girl immolating herself after allegedly being gangraped in Jind district of Haryana.

After allegedly being raped by two youths in Narwana sub division of the district, the shocked girl sprinkled kerosene and set herself afire on Saturday, adding to a series of such horrific crimes against women in Haryana during the past one month.

“We feel that in Haryana, it is not the sole issue which is coming to the limelight. You have seen the sex ratio as well.

There are only 830 females for 1000 males,” she said.

Sinha also stressed the need for a public awareness campaign in favour of girl children.

“There should also be a fear amongst the ones who indulge in such activities. They should be punished so that the girls are safe,” she said.

 

 

 

 

 

OC recommends suspension of Suresh Kalmadi, Lalit Bhanot

http://zeenews.india.com/sports/others/ioc-recommends-suspension-of-suresh-kalmadi-lalit-bhanot_749866.html

Last Updated: Monday, October 08, 2012, 12:19

New Delhi: In a major blow to the aspirations of Suresh Kalmadi, V K Verma and Lalit Bhanot ahead of the elections, the Ethics Commission of the International Olympic Committee (IOC) has recommended that the tainted trio be suspended from all their functions within the Indian Olympic Association (IOA) with immediate effect.

The Commission also observed that in view of their tainted history, the trio`s candidature for the upcoming elections of the Indian Olympic Association was “not possible”.

The Ethics Commission`s recommendation came after IOC president Jacques Rogge asked for its view following IOA vice-president Jagdish Tytler`s query on the position of these three officials ahead of proposed IOA election on November 25 this year.

The IOC President had asked the Ethics Commission for its opinion in order to know whether it is possible, according to the Code of Ethics, for Kalmadi, Verma and Bhanot to stand as candidates for positions on the IOA Board at the upcoming elections.

“Point B.5 of the IOC Code of Ethics, in the `Integrity` chapter, states that `The Olympic parties shall use due care and diligence in fulfilling their mission. They must not act in a manner likely to tarnish the reputation of the Olympic Movement.

“Messrs Kalmadi, Verma and Bhanot were all tried by a criminal court pursuant to the law on corruption linked to a sports event (2010 Commonwealth Games). The court even sentenced them to preventive detention for several months. For his part, Mr Kalmadi was released, but banned from leaving the national territory unless agreed by the court,” chairman of the IOC Ethics Commission, Youssoupha Ndiaye said in his reply.

“Although, owing to the application of the principle of presumption of innocence, the Ethics Commission cannot take any final decision on the situation of Messrs Kalmadi, Verma and Bhanot, it must however recommend a provisional measure to protect the reputation of the Olympic Movement”, the Ethics Commission said.

“In view of this analysis of the facts, the IOC Ethics Commission is of the opinion that it should recommend that Messrs Kalmadi, Verma and Bhanot be suspended from all their functions within the IOA until the final decision by the competent court in India.,” he said.

“That, in consequence, any candidature from these three men for any position within the IOA is not possible.”

The Ethics Commission also came hard on the IOA for keeping the IOC in dark over the positions of Kalmadi, Verma and Bhanot irrespective of repeated reminders.

“At no time, and in spite of numerous reminders and requests from the IOC, did the NOC (IOC) clearly make any statement regarding the situation of these three officials nor take any provisional measure concerning them,” it said.

All the three officials were jailed and subsequently released on bail in connection with the Commonwealth Games corruption scandal.

Kalmadi was the chairman of the Organising Committee while Bhanot was the Secretary General. Verma was one of the Director Generals of the Organising Committee.

PTI

 

 

 

 

 

Mamta Sharma: In the line of women’s fire

http://gulfnews.com/news/world/india/mamta-sharma-in-the-line-of-women-s-fire-1.1086171

Head of National Commision for Women clears the air about comments

By Nilima Pathak, Correspondent

Published: 21:44 October 7, 2012

New Delhi: The National Commission for Women (NCW) headed by Mamta Sharma, has, over the last few months, come under fire. And surprisingly, it is the women activists, who are finding faults with Sharma and want the Commission scrapped, claiming it has failed women.

Sharma has sparked a row over her remarks now and then even as the government is ready with the Criminal Law (Amendment) Bill 2012, to slap life imprisonment terms on people who commit sexual assault and acid attacks on women.

The chairperson says: “I am least bothered about opposition to my work and will remain straightforward in my approach. My mission is to see that we deal with crimes against women with utmost importance and provide results in the shortest possible time.”

She is focusing her energies into seeing that only women police officers investigate rape cases all over the country and they do so with great sensitivity. And whenever a bail matter is listed for a rape accused, the lawyer of the Commission should be informed immediately.

 

 

 

 

Green Tribunal rejects Centre petition

http://www.asianage.com/india/green-tribunal-rejects-centre-petition-963

Oct 08, 2012 | New Delhi

The National Green Tribunal has rejected a petition by the Union ministry of environment and forests seeking to review an order that asks the government to adhere to the Gadgil report.

The tribunal headed by Justice A.S. Naidu maintained that the ministry should grant environmental clearance to the developmental projects in Western Ghats region only in consonance with the provisions made in the Gadgil report. This could mean that green signal for the Athirapally hydel project is unlikely.

Seeking review of the tribunal’s interim order passed on July 25, the MOEF had stated that the direction “causes prejudice to the MOEF as the (Gadgil) Report has not attended finality and is still under consideration of the ministry.”

However, the tribunal noted that this “review petition does not satisfy any of the mandatory requirements and that the reasons assigned for reviewing the order are unacceptable.”

“While taking decisions (on environmental clearances), the ministry shall adhere to the (Gadgil) Report, if the same has not been varied till date,” the tribunal stated while disposing of the review petition.

 

 

 

 

TDSAT asks BSNL not to hike infra charges retrospectively

http://zeenews.india.com/business/news/technology/tdsat-asks-bsnl-not-to-hike-infra-charges-retrospectively_61857.html

Last Updated: Sunday, October 07, 2012, 15:00

“The increase in the rate could have been effected only at the time of renewal of the agreement, i.e., with effect from April, 2013,” said TDSAT.

TDSAT’s order came over a batch of petitions filed by – Bharti Airtel, Idea Cellular, Tata Teleservices, Reliance Communications, Aircel, Vodafone South and Vodafone Digilink.

The tribunal said, “They (operators) have made out a strong prima-facie case in their favour”.

Infrastructure charges are paid by private telecom firms to BSNL as rental and maintenance fees to station their link equipment such as terminals and antennas in the premises of the state-owned companies to get connected in their NLD (domestic) and ILD (international) networks.

BSNL had on August 23, 2012 increased the infrastructural charges retrospectively from April 1, 2009 based on a classification of cities by the government in 2004.

The move was challenged by the operators, who had entered into an interconnect agreement with the PSU after 2001 contending that they have already paid infrastructural charges in advance for the financial year 2012-2013.

According to them, it was a commercial agreement between them and BSNL can not do unilateral revision.

However, BSNL contended that as per the clauses of the interconnect agreement, BSNL can alone prescribe the charges from ‘time to time’ besides laying down the terms and condition.

TDSAT bench headed by its Chairman Justice S B Sinha observed BSNL’s decision was based on classification by the government, which had actually divided into six tiers instead of four and said,” prima-facie, we have no doubt in our mind that the Respondent (BSNL) was required to take a fresh decision”.

PTI

 

 

 

 

 

Ranbaxy ex-director Kaul guilty of insider trading says SAT

http://www.moneycontrol.com/news/business/ranbaxy-ex-director-kaul-guiltyinsider-trading-says-sat_766203.html

The Securities Appellate Tribunal (SAT) has upheld insider trading charges against VK Kaul, a former independent director of Ranbaxy, and his wife Bala Kaul, accusing them of insider

Source: CNBC-TV18

The Securities Appellate Tribunal (SAT) has upheld insider trading charges against VK Kaul, a former independent director of Ranbaxy , and his wife Bala Kaul, accusing them of insider trading.

The Securities and Exchange Board of India (Sebi) had alleged that VK Kaul, who knew in advance that Ranbaxy’s arm Solrex is going to buy shares of Orchid Chemicals, traded on behalf of his wife ahead of the transaction. While Kaul has been fined Rs 50 lakh, his wife Bala Kaul has been handed a fine of Rs 10 lakh, Sebi said in two separate orders.

The case relates to the sale of 6.5 lakh shares in Orchid Chemicals & Pharmaceuticals (OPCL) by Bear Stearns in March, 2008.

The scrip saw a huge fall in the last half of March, 2008, but then recovered significantly. Several alerts were generated at the NSE and BSE and the scrip was taken up for joint investigation by the exchanges on the basis of which a report was submitted by them in April that year.

Bala Kaul had bought shares of OCPL from stockbroker Religare Securities on March 27-28, 2008, just prior to the start of share buying by Solrex, a Ranbaxy holding company, on March 31, 2008.

She bought a total of 35,000 shares at an average price of Rs 131.71 and sold them on April 10, 2008, at an average price of Rs 219.94, the Sebi said in its order.

VK Kaul was at that time serving as an independent director in Ranbaxy Laboratories.

 

 

 

 

 

COMPAT rejects FTIL’s plea of impleadment

http://www.lawetalnews.com/article/4475/COMPAT-rejects-FTIL-s-plea-of-impleadment.htm

Mon 8 October 2012 10:12   Pawan Singh   New Delhi

The Competition Appellate Tribunal (COMPAT) has rejected an impleadment plea by Financial Technologies India Ltd (FTIL), in NSE’s appeal against a Rs 55.5 crore penalty imposed by competition watchdog, Competition Commission of India (CCI).

In its application FTIL , seeking to be a party, had contended that there are some allegations raised by NSE in the appeal which are directly against FTIL hence it is entitled to be impleaded to refute the same.

NSE opposed FTIL plea on the ground that as it was not a party in the original proceedings before CCI and was therefore not entitled to join before the Appellate Tribunal.

“In   view   of what   has   been   stated   before   us, we   do   not find any merits whatsoever in the contentions raised before us in support of the application for impleadment. We, therefore, dismiss the same,” a three-member Compat bench, headed by its Chairman Justice VS Sirpurkar held.

The CCI direction came on a complaint filed by MCX Stock Exchange (MCX-SX).  MCX-SX in its representation to the CCI had accused NSE of abusing of its dominant market position.

National Stock Exchange (NSE) had earlier challenged the order dated 23rd June, 2011 wherein the CCI has held that the appellant-NSE has engaged in the exclusionary conduct in the aftermarket for exchange related software in the Currency Derivative Segments (‘CD Segment’).

FTILis engaged in the business of developing and supplying software to various stock exchange and commodity exchanges. It also provides software solutions for brokers and other market intermediaries.

 

 

 

 

Pathribal encounter: Army asks dead to depose, victims’ families shocked

http://ibnlive.in.com/news/pathribal-encounter-army-asks-dead-to-depose-victims-families-shocked/298806-3-245.html

Mufti Islah, CNN-IBN

Srinagar: The Indian Army is under fire for summoning dead persons in the probe into the Pathribal encounter that took place in the Anantnag district of Jammu and Kashmir in March 2000. The families of the victims are shocked at the callousness. They demand that the trial court be shifted to Kashmir if the Indian Army wants them to attend the proceedings.

The furore started when the Army served a summons in the name of Amirullah, who died in 1994, six years before his son Juma Khan and four others were killed in the fake encounter in Pathribal. Shakoor Khan, Amirullah’s grandson, said, “The summons that they sent us are in the name of my grandfather who died 20 years ago. We cannot go there.” The family members have decided not to attend the court-martial proceedings if the venue at Nagrota near Jammu is not transferred to Kashmir. They have also demanded security and counsel of their own choice.

Roshan Jan, wife of slain Juma Khan, said that she could not understand any other language except Gojri and hence was unable to attend proceedings. She added that she was unwell and not in a state to talk. She too demanded that the venue of the trial be shifted to Kashmir. Abdul Rashid, Juma Khan’s son, questioned the need for a probe. He said, “The Central Bureau of Investigation (CBI) has already said they were killed in cold-blood and charge-sheeted. What is the need to do a probe again? I fear for my family.”

Their demand is backed by the political parties in the valley. Mehboob Beg, a National Conference (NC) MP, said, “The CBI has already confirmed those were murders. It is time for action and not to go into technicalities.”

Five youths were killed in the Pathribal fake encounter in March 2000, a few days after the Sikh massacre in Chhattisinghpora, again in the Anantnag district. Earlier this year, the Army told the Supreme Court it will court-martial the accused officers, following which a Defence Ministry spokesperson reached out to the families of the slain men saying that the Army was committed to a fair and transparent trial and “witnesses would be given reasonable time to record their statements”. Since the Pathribal trial is being taken over by the Army, it should ensure that justice is done. For the victims who are awaiting justice for 12 long years, the patience is running thin.

 

 

 

 

 

Attending court a day akin to day’s simple imprisonment: Court

http://www.business-standard.com/generalnews/news/attending-courtday-akin-to-days-simple-imprisonment-court/65358/

Press Trust of India / New Delhi October 07, 2012, 11:55

Attending court on each date may be considered equivalent to simple imprisonment of one day, a Delhi court has observed, while letting off a man on probation after holding him guilty of assaulting another man in a trial spanning 11 years.

Metropolitan Magistrate Jagminder Singh let off South West Delhi resident Lalit Kumar on probation also on grounds of being the sole bread winner of the family and that he had apologised for his behaviour.

“The convict submits that he is facing trial since 2001 ie, for last about 11 years and continuously appearing before the court. Attending court on each date may be considered equivalent to simple imprisonment of one day,” said the court, letting off the convict on probation on ground that he faced the trial for 11 years.

The prosecution case dated back to September 10, 2000 when Lalit, a teacher by profession, had abused and assaulted Bihar native Mohan Kumar.

The prosecution had told the court that Lalit abused and assaulted Mohan with a dangerous weapon when the victim had gone to his cousin’s house where the accused too was present.

The court convicted Lalit for beating up Mohan but held that there was not sufficient evidence to conclude that a dangerous weapon had been used by him to injure the victim.

It noted that the convict has a child and wife to look after and he is the only earning member of his family.

“Keeping in view the reformative theories of punishment, court thinks that the convict does not deserve any further substantial imprisonment behind the bar. Benefit of probation is given to the convict,” the judge said.

 

 

 

 

As backlog leads to overcrowding in jails, security concerns abound

http://timesofindia.indiatimes.com/city/mumbai/As-backlog-leads-to-overcrowding-in-jails-security-concerns-abound/articleshow/16718547.cms

Mateen Hafeez & Rebecca Samervel , TNN | Oct 8, 2012, 05.34AM IST

The snail-paced disposal of cases in Maharashtra’s courts has not just kept the pendency rate high but also caused overcrowding in jails. In most prisons in the state, the prisoner population is considerably more than the permitted capacity, leading to law-and-order problems.

In the state’s southern region, where Mumbai falls, three of the four prisons were overcrowded in the last week of September. Arthur Road jail has a capacity of 804 but housed 1,995 inmates. Thane jail can accommodate 1,105 inmates but its population was 1,984. Kalyan jail is meant for 505 prisoners but held 1,122.

To tackle just such overcrowding, the chief of the National Human Rights Commission had earlier this year recommended creation of night courts on prison premises to at least dispose of cases relating to petty crimes. Jail authorities appreciate the suggestion but point out that its implementation is the government’s prerogative. “Although it will help speed up trials, the idea has to be accepted by the law and judiciary department and the directorate of prosecution,” said a jail officer. “There have been times when inmates were not taken to court for hearing due to shortage of escort staff.”

No wonder then, undertrials out on bail as well as those acquitted support courts in jails or nearby. “It will save time and manpower,” said an inmate who was recently granted bail. They note that, partly due to overcrowding, the state of most of Maharashtra prisons is abysmal. This has resulted in fights among prisoners and riots. Recently, an inquiry was set up when a group of inmates assaulted policemen in Taloja jail.

Officials argue that prison understaffing compounds problems spawned by overcrowding. Not infrequently, inmates flee from police custody while being ferried to court for hearing or back. A few years ago, four undertrials slipped away while being transported back to Taloja jail in Navi Mumbai from a sessions court in Mumbai.

The suggestion of night courts in jails finds backers among prisoners and prison officials but not among many legal experts. Public prosecutor Neelima Kasture maintains nights courts are “not the solution” since they would add to the burden of judges and lawyers. “We need judges who will not give repeated adjournments . Unlike earlier, several district judges now focus on procedural technicalities, which cause unnecessary delay. They must hear the matter every day and dispose of them quickly. Another problem is lawyers who survive on adjournments . This practice should be curbed,” she said.

 

 

 

 

Man gets 2 years in jail for molestation

http://timesofindia.indiatimes.com/city/delhi/Man-gets-2-years-in-jail-for-molestation/articleshow/16717110.cms

PTI | Oct 8, 2012, 02.20AM IST

NEW DELHI: A Delhi court has sentenced a man to two years in jail for outraging the modesty of his employer’s minor daughter. Additional sessions judge Madhu Jain held Aatik Alam guilty of outraging the modesty of the five-year-old girl, but acquitted him of rape charges.

The court also offset Alam’s sentence against the jail term already served by him during trial.

The case dated back to September 9, 2010. It was registered on the complaint by the girl’s mother that Alam, who used to work as a helper in her husband’s tea shop in south Delhi, had taken her daughter to a nearby railway track and raped her. Alam was arrested by the police the same day.

The court, however, acquitted Alam of rape charges on the basis of medical evidence. Alam had refuted the allegations, saying his employer had implicated him.

 

 

 

 

 

Court frees youth charged with kidnapping minor to marry her

http://www.business-standard.com/generalnews/news/court-frees-youth-chargedkidnapping-minor-to-marry-her/65351/

Press Trust of India / New Delhi October 07, 2012, 10:45

A youth accused of kidnapping a minor girl, who was months away from turning an adult, and inducing her to marry him has been acquitted by a Delhi court on the testimony of the girl that she went with him on her “own free will”.

The trial court quoted a judgement of the Supreme Court in a similar case to rely on the statement of the victim in the present case who was just four months away from attaining the majority age of 18 years.

“In the present case also that there was no word in the deposition of the prosecutrix from which it could be inferred that she had left the house of her father at the instance or even at the suggestion of the accused.

“She had constantly stated before the court as well as in her statement under section 164 of CrPC before Metropolitan Magistrate that she had gone with accused with her own free will, which, by no stretch of imagination could be said to be the accused having taken her out of the keeping of lawful guardianship,” Additional Sessions Judge Gulshan Kumar said.

Delhi resident Akhtar Ali was freed by the court saying the prosecution has also failed to prove that accused had abducted the girl with intention to marry her or to have an illicit relationship with her.

“I am of the view that prosecution has miserably failed to prove on record that on March 16, 2012… Accused (Ali) abducted the prosecutrix, minor girl from the custody of her lawful guardians and with an intention that she may be compelled to marry against her will or with an intention to have an illicit intercourse with her.

“Accordingly, accused is acquitted of the offences under section 363/366 (kidnapping, abducting or inducing woman to compel her for marriage) of the IPC, he was charged with,” the judge said.

The girl’s parents had lodged a complaint alleging that on March 16, 2012 the accused had abducted the girl from the custody of her lawful guardians with an intention to marry her and have an illicit relation with their minor daughter.

Ali was arrested three days after the missing report of the girl was lodged with the South Campus police station in Saket area.

 

 

 

Man given 6 months jail term for possessing heroin

http://zeenews.india.com/news/delhi/man-given-6-months-jail-term-for-possessing-heroin_804207.html

Last Updated: Sunday, October 07, 2012, 11:53

New Delhi: A man caught with around 15 grams of heroin this year has been sentenced to six months in jail by a Delhi court.

While convicting Central Delhi resident Satish under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, Additional Sessions Judge Narinder Kumar also imposed a fine of Rs 500 on him.

“This court finds that the prosecution has established its case against the accused… He was found in possession of 15 gms of heroin.

“Having regard to the quantity recovered from the convict (Satish) and that he is a poor person and not a previous convict, I hereby sentence him to imprisonment for a period of six months and to pay fine of Rs 500,” the judge said.

The Delhi police sleuths had arrested Satish in January this year at Nabi Karim area in Central Delhi after suspecting him of carrying some contraband drugs.

According to the police, 15 grams of heroin was recovered from him after a formal search was conducted.

Seeking leniency for the convict, Satish’s counsel told the court that his client is a poor person, having the responsibility to look after his aged mother and children.

He added that Satish had already served a jail term for about three months during investigation of the case.

The court, while handing down the punishment, set off half his sentence against the three-month jail term already served by him.

PTI

 

 

 

 

UK promises to bring Brar’s attackers to justice

http://www.deccanherald.com/content/283793/uk-promises-bring-brars-attackers.html

NEW DELHI, Oct 7, 2012, DHNS:

India to ask UK, other nations to curb pro-Khalistani groups

Even as the United Kingdom has assured India that it would bring to justice the perpetrators of the attack on Lt. Gen. (retired) K S Brar in London on September 30 last, New Delhi is likely to cite the incident to nudge British and Canadian Governments to keep tab on Khalistanis active in both the countries.  

In a letter to External Affairs Minister S M Krishna, British Foreign Secretary William Hague said that the UK Government was determined to bring the perpetrators of the attack on Indian Army veteran to justice and London would keep New Delhi updated about the progress of the investigation.

New Delhi, however, is likely to urge both London and Ottawa that extremists should not be allowed to take advantage of freedom of expression guaranteed by local laws to spread fanaticism. India is also set to ask both UK and Canadian Government to probe if the pro-Khalistani elements in both the countries had any links with Pakistani Inter Services Intelligence.

The London Police arrested 10 men and two women in connection with the attack on Brar, who had led the Operation Blue Star that the Indian Army had carried out in Golden Temple to flush out the Khalistani militants from the Sikh shrine in Amritsar in 1984.

Though Brar said that his “strongly built, bearded and tall” and attackers were “pro-Khalistanis”, London Police did not disclose identity and ethnicity of none of the 12 persons it arrested so far, but most of them were from Wolverhampton, Bromwich and Hillingdon – all known for significant population of Sikhs. Nine of them were released on bail, while three others are still in policy custody and being interrogated.

Sources told Deccan Herald that New Delhi had been receiving intelligence inputs over the past couple of years about the ISI’s efforts to revive Sikh militancy in India and to support Babbar Khalsa International, Khalistan Zindabad Force and the newly-formed Khalistan Tiger Force through International Sikh Youth Federation and its offshoots in European and North American countries. A senior Punjab Police officer had on September 15, 2011 briefed top security officials in New Delhi about the intelligence inputs, suggesting that the ISI had asked the BKI, KZF and KTF to do some “spectacular actions” to announce their revival.

Notwithstanding the protracted probe into the 1985 bombing of the Air India’s Kanishka aircraft by Sikh militants in Canada and the subsequent much-publicized trial of the accused, pro-Khalistani elements and groups are still active in the North American country. Krishna last month took up with his Canadian counterpart John Baird the issue of Khalistani radical elements’ continued presence and activities in the latter’s country.

Baird assured him that Ottawa would do “everything it could possibly do under the law to combat radical extremism by such groups in Canada”. He also told Krishna that Ottawa would look forward to inputs from New Delhi to revise and update the list of the Sikh militant groups that had been tagged as terrorist organizations in Canada in 2003.

 

 

 

 

 

20% of undertrials are from Maharashtra

http://timesofindia.indiatimes.com/india/20-of-undertrials-are-from-Maharashtra/articleshow/16717271.cms

Rebecca Samervel, TNN | Oct 8, 2012, 02.40AM IST

MUMBAI: The judicial backlog in Maharashtra is edging forward to intractable levels. By the end of last year, statistics show, the state accounted for one in every five undertrials booked in the country under the Indian Penal Code.

According to data released by the National Crime Records Bureau, 31 lakh undertrials were awaiting verdict in Maharashtra in 2011. Of these, just 2.4 lakh witnessed their cases conclude during the year. The remaining 28.6 lakh undertrials had to wait for their fates to be decided another day. Compared to the rest of the country, the figure was the highest of all states. And within Maharashtra, that amounted to a pendency rate of 92.1%.

Legal experts said the mountainous backlog has necessitated changes in the legal system. If the growing problem has to be arrested in the state, “good judges” must be appointed, the number of courts as well as manpower increased, and unnecessary delays in hearings curbed.

The NCRB statistics show that by 2011-end the country had 1.38 crore undertrials. Maharashtra’s tally of 28.6 lakh accounted for 20.6% of the staggering figure; it was followed in the ignominious list by Gujarat (16.1 lakh), Bihar (15.5 lakh), Madhya Pradesh (12 lakh), and Uttar Pradesh (8.6 lakh).

“One of the main problems is that criminal cases are rising greatly and we don’t have sufficient judges. The authorities should examine this issue seriously. The number of courts must be increased,” said lawyer Majeed Memon. He added that the judicial backlog has left multitudes of undertrials languishing in jails endlessly—which is contradictory to constitutional assurances.

As an instance of the inordinate delay in disposal of cases, lawyers cited the 2006 Lakkhan Baiyya fake encounter. The case is yet to conclude and thus the 22 accused, including13 policemen, still awaiting verdict.

Special public prosecutor Rohini Salian explained that judicial delays are often caused by cumbersome procedures. “Even if there 40 matters are listed, each case is called out, the presence or absence of people recorded and roznama marked. Many of these matters are then adjourned.”

Salian said that courts accord preference to cases where the accused are in custody and not to those where the undertrials are out on bail, leading to prolonged delays in the latter. “Also, courts hear bail, revision and miscellaneous applications. This leaves many courts with just half a day to hear trials.”

 

 

 

 

Enforcement Directorate attaches City Group Swiss accounts

http://timesofindia.indiatimes.com/business/india-business/Enforcement-Directorate-attaches-City-Group-Swiss-accounts/articleshow/16716412.cms

TNN | Oct 8, 2012, 01.00AM IST

NEW DELHI: The Enforcement Directorate has attached the Swiss bank accounts of Sayed Mohamed Masood, chairman of City Limouzine, and other group companies which are being investigated for alleged financial fraud, sources within the ED told TOI. This is the first such move under the Prevention of Money Laundering Act and possibly marks the dismantling of the Swiss wall of customer confidentially.

Experts say the move could also have implications for the fight against black money.

The Enforcement Directorate is investigating the City Group and Masood for alleged money laundering. The group had floated investment schemes offering high returns, as much as 48% in some cases.

ED sources say that they were able to convince Swiss authorities that the funds in some of the Swiss bank accounts of Masoos were “proceeds of crime”. They said Swiss authorities were convinced and cooperated in freezing some of the bank accounts. The PMLA adjudicating authority now has to confirm the attachments and once it is done ED will take possession of the funds, the source said. If the conviction goes through in the case, the funds will be brought back to India, the source said.

ED is conducting investigations into the money laundering in countries abroad in the case. Sources said the investigations so far have revealed that Masood maintained bank accounts in Switzerland in his name and the name of his companies.

ED has now attached these bank accounts which had a balance of $ 1.25 million. Investigations have also revealed huge transactions in foreign bank accounts and further probe is on in the case. The ED sources say more domestic and international attachments are likely soon.

According to the ED, City Limouzines (India) Ltd., City Realcom Ltd., its chairman Sayed Mohamed Masood and other directors of the companies have allegedly duped thousands of investors across the country of funds to the tune of hundreds of crores.

Police across the country are investigating Sayed Mohamed Masood, and City Group of Companies for cheating and criminal conspiracy under sections 120-B and 420 of the Indian Penal Code, the sources said.

ED sources say investigations have uncovered huge money laundering in India and abroad. During the course of investigations, the Enforcement Directorate has issued 14 attachment orders attaching movable and immovable properties in

India with a market value of over Rs 130 crores which were registered in the names of City group of companies, Masood, his wife, daughter, son and other directors.

The PMLA adjudicating authority has confirmed all the attachment orders and ED is in the process of taking over these properties, the sources said.

 

 

 

 

 

Kanda’s offensive SMSes forced Geetika to commit suicide?

http://news.oneindia.in/2012/10/07/kanda-s-offensive-sms-forced-geetika-to-commit-suicide-1080747.html

Published: Sunday, October 7, 2012, 13:40 [IST]

Posted by: Nairita

New Delhi, Oct 7: Delhi police indicted former Haryana Home Minister Gopal Goyal Kanda and his close associate Aruna Chaddha regarding Geetika Sharma suicide case. Police on Saturday, Oct 6 submitted charge-sheet to a Delhi court and accused Kanda and Chaddha of harassing Geetika.

The cops in its charge-sheet said that Kanda’s offensive messages (SMSes) had compelled 23-year-old air-hostess Geetika Sharma who had worked in now defunct MDLR airlines owned by Kanda.

Following Indian Penal Code (IPC) and Information Technology Act, the investigative officials charged criminal conspiracy, destruction of evidence, forgery and sending offensive messages against Kanda.

Charges against Kanda and Chaddha said that the duo had abetted the suicide of the former sir-hostess through “malicious and wilful acts of mental torture, threat, blackmail and stress and criminal intimidation spread over two years” that forced young Geetika to end her life.

The charge-sheet also accused Kanda and Chaddha of “harassing, conspiring, intimidating and creating an atmosphere of terror and continuous pursuit.”

Delhi police also added, “By sending forged and false e-mails and by making Geetika use forged No-Objection Certificate when she left MDLR [which she had no reason to suspect to be forged] and joined Emirates Airlines, Gopal Kanda had created an atmosphere of suspicion and distrust around Geetika in which she was not able to hold her head high and face her colleagues. She resigned to save her dignity… She rightly feared that she would be viewed with suspicion and distrust by her colleagues, friends and future employers and becoming extremely distressed and depressed, she decided to end her life by hanging herself.”

Geetika committed suicide in her apartment in Delhi on Aug 5. In her suicide note, Geetika had alleged that Kanda and Aruna Chaddha were responsible for compelling her to end her life. The police have booked Kanda under abatement to suicide case. He was forced to resign from his post following his alleged role in Geetika’s suicide case.

Police arrested Chaddha but failed to take Kanda into their custody as he absconded. Later he surrendered himself and was sent judicial custody.

The suicide case hogged limelight when Kanda’s alleged involvement with Geetika was revealed. The former minister allegedly had an extra-marital affair with the former air-hostess. However, Kanda’s wife rejected to accept such allegations against her husband.

Many other shocking facts were also reported when a Bollywood starlet Nupur Mehta stated about Kanda’s relationship with another woman Ankita Singh with whom Geetika had a bitter relation.

Soon after Geetika’s suicide, Nupur, an ex-employee of now defunct MDLR airlines, stated that Kanda married Ankita and both of them have a love-child.

Geetika had filed a legal case against Ankita who had trespassed into Geetika’s apartment in Goa and threatened the former to resign from Kanda’s company.

OneIndia News

 

 

 

 

Convict gets 31-year jail in Naroda Patiya case

http://www.omantribune.com/index.php?page=news&id=129014&heading=India

AHMEDABAD A special court awarded 31 years of rigorous imprisonment to a convict in the 2002 Naroda Patiya case on Friday.

Terming Suresh alias Shehzad Netalkar as one of the main conspirators, special judge Jyotsana Yagnik sentenced him to 21 years life imprisonment after serving 10 years under section 326 (voluntary causing grievous hurt by dangerous weapons or means) of the Indian Penal Code (IPC).

On August 29, 2012, Netalkar was held guilty of murder, conspiracy and other sections of the IPC among 32 accused, including BJP MLA and former minister in Narendra Modi government, Maya Kodnani.

As Netalkar had jumped bail and was declared an absconder, the court had reserved the pronouncement of quantum of punishment till he could be brought before the court.

Judge Yagnik had also directed the Supreme Court appointed special investigation team (SIT) to form a special team to nab Netalkar.

Following a manhunt in more than six cities of Maharashtra and tracing his movements on the basis of his mobile phone locations, the special team finally nabbed him on Thursday from Nandurbar in Maharashtra and produced him before the court.

Netalkar repented his acts of 2002 and told the court that he jumped the bail because he had to make arrangement for his son and daughter’s marriages.

 

 

 

SC overrules decision on cheques

http://www.business-standard.com/india/news/sc-overrules-decisioncheques/488795/

M J Antony / New Delhi Oct 08, 2012, 00:56 IST

The Supreme Court has overruled its own judgment regarding the law on bounced cheques. The Supreme Court as well as high courts have been following the wrong judgment in several cases under the Negotiable Instruments Act. Now it has turned the law around. In this case, the payee did not issue notice to the drawer when the cheques bounced for the first time. He presented them again, and they bounced again. Then only he initiated proceedings under the Act. There were contrary views on whether the proceedings were valid if the payee did not act for the first time. Therefore the question was referred to a larger bench. The issue was “whether the payee or holder of cheque can initiate proceedings of prosecution for the second time if he has not initiated any action on earlier cause of action?” Settling the law, the Supreme Court, in the latest case titled MSR Leathers vs S Palaniappan, stated that prosecution based on the second or successive dishonour of the cheque is also permissible. It overruled the 1998 decision in Sadanandan Bhadran’s case and now ruled that prosecution based upon second or successive dishonour of the cheque is also permissible.

 Third parties in arbitration
The Supreme Court has held that even non-signatory parties to agreements can be referred to arbitration under the Arbitration and Conciliation Act. The expression ‘person claiming through or under’ in Section 45 would mean multiple and multi-party agreements, though in exceptional case. The judgment in the case, Chloro Control Ltd vs Severn Trent Water Purification Inc, explained that even non-signatory parties to some of the agreements can demand and be referred to arbitration. The Bombay High Court ruling in this case was upheld and the disputes between various parties were referred to arbitration which will be conducted according to the rules of International Chamber of Commerce.

Award must be given to party
The Supreme Court has ruled that the service of a copy of an arbitral award on the agent or a lawyer of a party did not amount to service on the party itself, according to the provisions of the Arbitration and Conciliation Act. In this case, Benarsi Krishna Committee vs Karmayogi Shelters Ltd, the copy was available with the lawyer, but not the firm itself. This caused some delay in challenging the award in the Delhi High Court. A single-judge bench held that if the lawyer or agent got the copy of the award, that would amount to the party itself getting it. However the division bench negated this and insisted that the award should be served on the party itself. On appeal, the Supreme Court upheld this view and stated that the expression “party”, as defined in the Act, clearly indicated a person who is a party to an arbitration agreement. The definition is not qualified in any way so as to include the agent of the party to such agreement.

More liability on insurance firms
The Delhi High Court has ruled that a general insurance company must pay the victim of a road accident even if the terms of the policy have been broken. In this appeal case, Bajaj Allianz General Insurance Company vs Savitri, the firm argued that since it had successfully proved the breach of the terms of policy, it was entitled to be exonerated of its liability and the motor vehicles accident tribunal was wrong in fixing the liability on the insurer and then allowing it to recover the amount from the owner of the vehicle and the driver. The high court asserted that the insurer’s liability to satisfy third party liability has been decided by the Supreme Court in several cases. “Even if a conscious breach on the part of the insured is established, the insurer has a statutory liability to pay the compensation to the third party and will simply have the right to recover the same from the insured person,” the judgment said.

Firm buying flats not ‘consumer’
The National Consumer Commission last week dismissed a complaint moved by Singhal Finstock Ltd against Jaypee Infratech Ltd complaining of deficiency in service in allotment of apartments. The crucial question, according to the judgment, was the purpose of buying the flats — whether it is for commercial purpose, to earn profits, or for self-use. If it is for commercial purpose, the former company would not fall in the definition of ‘consumer’. The judgment stated that though the firm and its directors asserted that the flats were for providing residence to the executives, they have not proved that it was not for commercial purpose or as investment. In fact, they declared that they were investors and the memorandum of association stated that they were in the business of real estate and other related commercial activities. Therefore, the commission stated that the complaint was not maintainable under the Consumer Protection Act.

 

 

 

 

 

Judges� vacancies make collegium system suspect

http://www.dnaindia.com/analysis/column_judges-vacancies-make-collegium-system-suspect_1750026

Rakesh Bhatnagar | Agency: DNA | Monday, October 8, 2012

A ruling party can suffer debacle at the polls due to anti-incumbency factors but there’s no recourse for the people who have been aggrieved by the grave injustice done to them due to undue delay in dispensation by the institutionally weak judiciary.

The backlog of undecided court cases keeps piling up but there’s has been a laxity in filling up the posts of subordinate court judges, and one might argue that its also due to the collegium system that vacancies in the Supreme Court and high courts are only going up.

In fact the Supreme Court in 1993 deprived the executive of its power to appoint and transfer judges and bestowed this job on a select panel of senior most judges called ‘collegium’.

There’s only one judgment that describes the authority of collegium and that’s come from the Allahabad high court, the oldest high court which is infamous for high backlog and maximum number of vacancies, 76 or more.

“It’s certainly not the discretion to delay in making recommendations,’’ it said and added the process of appointment must be initiated at least six months before a vacancy arises. It further said the court “must have all the judges in place equal to the number of sanctioned strength at all times, failing which it is not fully constituted.’’
“All the constitutional functionaries involved in the process of appointment have to ensure that the vacancies are filled up, as early as possible,’’ it added.

But the situation remains unchanged. However, there’s been a mounting pressure for having a relook at the collegium pattern of top judicial appointments. With judiciary maintaining a stiff posture for protecting the self-designed mechanism, the government has often talked about evolving an alternative method either by way of a Judges Accountability law or National Judicial Commission or All India Judicial Service.

As government stresses on the need for such enactments to infuse accountability and transparency in the most visibly respected institution among all others, recently retired Chief Justice of India S H Kapadia has expressed apprehension regarding the efficacy of the government maneuvers. “We need to conduct a detailed study before we tinker with the Constitution,” Justice Kapadia said and warned thatany disturbance in the balance of power among the legislative, executive and judiciary would damage the Constitution for all times to come.

But a multi-member parliament’s committee headed by Shantaram Naik feels that an appraisal of the vacancy position of Judges in both SC and HCs “is disheartening’’.

It makes also a dent on the judges chosen system saying one major factor affecting this vacancies appear to be the procedure of appointment and the current proactive of the collegium system also raises apprehensions.

The judicial incumbency has been felt by former SC judge and jurist V R Krishna Iyer. “The whole process is almost privatised, personalised and innocent of governmental comments. Persons are chosen, privileged groups get priority, reconsideration is often rejected.’’

He adds:“The collegium has an unscientific methodology and its selection has given rise to much criticism. Therefore, the collegium, as a system, must go.’’

Assuming a law is enacted to perform the onerous job of filling up judicial posts, would it ensure that dispensation isn’t affected due to shortage of manpower?

Perhaps, answer is in the negative given the prevailing scenario in different tribunals, PSUs and expert panels which can be filled up with suitable persons by the government alone.

It’s time that the government realised the importance of manning all the institutions in time otherwise it would also be blamed for justice dispensation paralysis.

 

 

 

Low conviction rate in cases relying on circumstantial evidence: SC judge

http://timesofindia.indiatimes.com/city/jaipur/Low-conviction-rate-in-cases-relying-on-circumstantial-evidence-SC-judge/articleshow/16718179.cms

TNN | Oct 8, 2012, 04.39AM IST

JAIPUR: There are unprecedented challenges before the judiciary today and the biggest among them is the conviction of accused solely on the basis of circumstantial evidences. Even after having codified laws, criminals go scot-free and the conviction rate is very low. This was stated by Justice Gyan Sudha Mishra, judge, Supreme Court here on Sunday.

Speaking at the valedictory session of a three-day judicial conference on administration of criminal justice, she maintained that judges are put to great moral and mental test in the course of delivering justice. “It is a daunting task to provide justice to the victim and giving the criminal his due right to reform and resettle in the society,” said Justice Mishra.

The conference, jointly organised by Rajasthan High Court, the national judicial academy, Bhopal, and the Rajasthan state judicial academy, Jodhpur, was addressed by former Supreme Court judges C K Thakker and A K Ganguly among others.

Justice Mishra also pointed towards the trend of increasing number of bail applications reaching the apex court. “I feel that there has been some doubts in the minds of the judges that the bail application requires interference. In the olden times, whatever happened in high court was final. But today Supreme Court is flooded with bail matters,” said Justice Mishra.

Taking the point forward, she added that nowadays cases of circumstantial evidence ends up with very low conviction. “By the time the case reaches the apex court, it is bound to happen that the accused will be released. We must come with a visionary justice in such cases,” she said.

Mishra advocated for going into greater details in high profile cases or those having big repercussions on the society. She also said that judges are not blind and well aware of what is going around and happening in society.

Chief Justice Arun Mishra of the high court also pressed for quality justice and called for efficient lawyers to be provided to poor and needy. “We cannot permit our system to become a mockery. We will have to revise our methods. Legal aid should have efficient lawyers. If the situation and case demands, amicus curie should be provided by the courts,” he said. He also asked fellow judges to take the old cases on a priority basis to reduce the pendency.

 

 

 

 

 

J&K CIC direct officers for prompt disposal of applications

http://zeenews.india.com/news/jammu-and-kashmir/jandk-cic-direct-officers-for-prompt-disposal-of-applications_804352.html

Last Updated: Sunday, October 07, 2012, 23:21

Jammu: Jammu and Kashmir Chief Information Commissioner (CIC) G R Sofi on Sunday directed officers for prompt disposal of applications of RTI cases in the state.

Sofi, who held a detailed interaction session with Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) in Poonch district, said “officers should promptly dispose of applications of RTI cases”.

Speaking at the session, Sofi said that each individual of the state have the legal right to obtain certified copies of information regarding official status of any matter from a PIO of concerned department by tendering a written application accompanied by prescribed fee.

He said that the officers are under obligation to provide the information sought under RTI unless debarred by law.

The CIC appreciated the measures taken by the district administration in disseminating awareness regarding various provisions of Right to Information (RTI) Act.

As many as 319 RTI applications were received during current fiscal year till ending September, out of which 280 application were disposed off, whereas rest applications are under process of disposal, the CIC was told.

PTI

 

 

 

 

SEBI to act against non-compliance on share capital reconciliation

http://www.yourmoneysite.com/news/2012/oct/sebi-to-act-against-non-compliance-on-share-capital-reconciliation.html

IndiaEconomyTanvi Shukla, Bloomberg TV India .Oct 8, 2012, 09:40AM IST

At its board meet, capital markets regulator Securities and Exchange Board of India (SEBI) has approved to amend the law to act against non-compliance on share capital reconciliation.

Earlier last week, Bloomberg TV India had highlighted how the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) faced over 900 cases of discrepancies on share capital reconciliation.

The SEBI board has decided that debt mutual funds will be allowed to invest in securities issued by housing finance companies (HFCs) and that starting 2014 FIIs will be allowed to re-invest 50% of previous year’s debt holding.

The regulatory body will also prepare draft for uniform guidelines for different types of foreign investors and will resolve issues regarding minimum shareholding norms.

Moreover, now listed entities coming out with follow-on public offers (FPOs) need not meet profitability criteria and SEBI will provide powers to depositories to take action on issues.

 

 

 

 

 

LEGAL NEWS 06.10.2012

82 new cases of silicosis found in MP

http://www.hindustantimes.com/India-news/Bhopal/82-new-cases-of-silicosis-found-in-MP/Article1-940214.aspx

Ritesh Mishra, Hindustan Times
Indore, October 05, 2012

Eighty-two new cases of silicosis have been identified in Panna in a recent survey conducted by Environics Trust (Occupation Health and Safety Centre) in October. According to reports, about a dozen of people are in serious condition and two have been admitted in the hospital. The two tribal labourers, whose condition is said to be critical, are in Balkrishna and Kesu.

The survey was conducted by the Holland-based specialist, Dr M Murlidhar. A total of 224 labourers working in different mines of the district were examined by a team led by Murlidhar, in which 82 were found to be affected by the dreaded silicosis.

Last year, the team had conducted the survey in September and had identified 39 sufferers, out which four have died till now.

Hindustan Times had carried a story on February 18 and reported the death of a labourer, Kamta Prasad (54), a tribal, who was suffering from silicosis for the last one year. He was one of the 39 sufferers in the list prepared by Dr M Murlidhar, who examined 43 tribal labourers in September 2011.

Kamta worked in the sandstone mine with occupational exposure history of 35 years. He had silicosis with a permanent disability of 50% as per the clinical examination, occupational history and radiology. Prior to that Shahabuddin, a resident of Panna town, died of Silicosis. There are 122 listed stone mines in the district and nearly 75,000 tribal people works as labourers in these mines.

The NHRC took congnisance of the HT story and sent a team to know more about the details of this disease in Panna. The NHRC also issued notices to the collector, chief medical and health officer (CMHO) and other higher officials. Yusuf Beg, the activist who raised the issue of Panna, said, “The team of NHRC had done nothing and identified only 17 patients among the list given by us. They put a seal on their BPL card and assured for medical help.” He further said that most of the remaining affected persons including 82 identified this year, are on the verge of death and government has not taken any appropriate steps to contain the disease in the district.

Srikant Dubey MLA Panna, who had raised the silicosis issue in legislative assembly in the monsoon session this year said, “Nothing has been done to save the patients in the district. Everything is on papers only. I will raise the issue again in winter session.”

 “About 75,000 tribals of the district are working in legal and illegal stone mines and if examined, I can challenge that more than 70% would be found affected with the disease but no one paying any head to them,” Yusuf said.

 

 

 

 

CAT directs UPSC, MHA to reconsider DCP’s promotion to IPS

http://zeenews.india.com/news/nation/cat-directs-upsc-mha-to-reconsider-dcp-s-promotion-to-ips_803855.html

Last Updated: Friday, October 05, 2012, 14:01

New Delhi: The Union government has been asked by the Central Administrative Tribunal to consider promoting a deputy commissioner of Delhi Police, a DANIPS officer, to the IPS cadre.

The CAT has ordered the Ministry of Home Affairs (MHA) and the UPSC to convene a review selection committee to consider the case of the 1988 batch Delhi, Andaman and Nicobar Islands Police Service (DANIPS) officer Rajiv Ranjan after he got some of his below par annual confidential reports (ACRs) upgraded.

 

The tribunal also set aside the UPSC’s letter against convening a review selection committee on the ground that the selection of applicants for promotion to the IPS of the UT segment for the year 2010 has already been notified.

“The letter issued by UPSC on applicant’s representation and the request made by respondent 2 (MHA) is not sustainable in the eyes of law. The same needs to be quashed. We order accordingly.”

“The respondents (UPSC and MHA) are directed to convene a review selection committee for considering the applicant’s case for promotion to the Union Territory (UT) segment of the Joint AGMUT cadre of IPS for the year 2010 and while doing so the committee will also consider his upgraded ACRs along with other ACRs for proper assessment,” the CAT bench presided by Syed Rafat Alam said. The tribunal’s order came on the plea of Rajiv Ranjan, Deputy Commissioner of Police (DCP), Security, against the decision of the UPSC.

The senior police official had said he had not been considered for promotion to the IPS of the UT segment of the Joint Arunachal Pradesh-Goa-Mizoram Union Territory (AGMUT) cadre in the November 2011 meeting of the selection committee as his ACR grading did not meet the required standard.

Thereafter, he had got hold of his ACRs through an RTI application in December 2011 and then on his representations the below par ACRs were upgraded.

Subsequent to upgrading of his ACRs, Ranjan had written to the MHA which had proposed his case to the UPSC for setting up a review selection committee.

The UPSC, however, had rejected the MHA’s proposal, but the CAT has given him the requisite relief.

PTI

 

 

 

 

 

‘CERC infringing on CCI jurisdiction; there has to be one expert body’

http://www.yourmoneysite.com/news/2012/oct/cerc-infringing-on-cci-jurisdiction-there-has-to-be-one-expert-body.html

Mehak Kasbekar, Bloomberg TV India .Oct 5, 2012, 12:07PM IST

‘Other regulators are trying to protect their turf’

India Inc is under fire from the Competition Commission of India (CCI). The CCI is investigating any activity that resembles unfair practices by a monopoly, coordinated price moves and any other anti-competitive behaviour.

Industries from coal and oil companies to airports and car makers, are all being studied by the CCI as we speak. When asked about the authority’s current investigation on Coal India, R Prasad, member of the investigative division, CCI, told Bloomberg TV India that some power generation companies have come to the authority and complained that instead of coal, stones are being supplied. “That is a case of dominance. If someone takes a mine and squats over it, it becomes anti-competitive because you are reducing the supply,” said Prasad.

 

It’s not just Maharashtra, but the Gujarat State Electricity Corporation (GSEC) has also written to CCI over the quality of coal supplied to it.

 

According to sources, GSEC has written to CCI against South Eastern Coal Fields, which is the largest subsidiary of CIL.

 

The company has put forth that CIL is not supplying proper quantity of coal and has also questioned the quality of coal supplied say sources. Sources also claim that GSEC has also complained about stones being mixed in delivered coal and that there has been a violation in size of coal pieces.

 

The Delhi International Airport Ltd (DIAL) has also been under the CCI fire lately. CAG in its report had commented on DIAL that it is anti-competitive. The report added that when the bidding took place, it was not mentioned that they will levy development charges. Two issues arise which have been mentioned in the CAG report also- different development fee for domestic and international passengers should not be there.

 

Prasad says that DIAL has not put in its own money, to that extent public private partnership (PPP) is not working. “CCI will look into PPP on a case to case basis across sectors. PPP model can’t be changed to your own benefit when its suits you,” he added.

 

PPP model for Delhi Airport was for 30 years and was extended to 60 years. In the face of the aforementioned event, it implies that there will be no competition for the Delhi Airport for 60 years now, which is anti competitive. Thus the CCI had to step in.

 

When asked about what is the issue that CCI is looking into on the oil marketing companies (OMC) front, Prasad said, “CCI has been discussing OMCs’ raising prices together for two years. Efficiency level of refineries of all three OMCs can’t be the same.

  

The CCI is also investigating auto companies’ cartelization. A hearing will start on car manufacturers this month. “There are 17 companies involved, so hearing will take 5-6 months,” Prasad explains.

 

Even as the CCI keeps a close eye on all business activity, it has had to approach the Prime Minister to protect its turf post CERC trying to defend its area of governance. CCI member R Prasad explained why the body must retain authority in monitoring any competitive activity even in sectors that have independent regulators.

 

He says, “Everyone can’t look into competition. There has to be one body that looks into it. CCI’s expanse is wide, but other regulators are trying to protect their turf.”

 

 

 

 

 

Competition Appellate Tribunal dismisses FTIL plea to be party in NSE, MCX case

http://economictimes.indiatimes.com/markets/stocks/market-news/competition-appellate-tribunal-dismisses-ftil-plea-to-be-party-in-nse-mcx-case/articleshow/16682900.cms

NEW DELHI: The Competition Appellate Tribunal (Compat) today dismissed the plea of Financial Technologies India LtdBSE -0.39 % (FTIL) to be a party in the case related to NSE’s appeal against the Rs 55.5 crore penalty imposed on the stock exchange by fair trade regulator CCI.

The CCI order came on a complaint filed by MCX Stock Exchange (MCX-SX), which competes with NSE in the currency derivatives market.

MCX-SX was set up by FTIL and MCX, the country’s biggest commodity bourse.

A three-member Compat bench, headed by its Chairman Justice V S Sirpurkar, dismissed FTIL’s plea after observing that it does not “find any merit” in it.

FTIL’s plea was opposed by the NSE, which said that it was not a party before the CCI ( Competition Commission of India) and hence there is no need for the same in Compat case.

The NSE had challenged the CCI order, passed last year, wherein it had imposed the penalty on the bourse for allegedly abusing its dominance in the equity market, thus affecting the competition in currency derivative segment.

FTIL is a specialist in providing IT solutions for the equity, treasury, forex, commodity, derivatives and depository segments.

 

 

 

 

CCI rejects plea against Shriram Chits

http://www.thehindubusinessline.com/news/states/article3968390.ece

PTI

New Delhi, Oct 5: 

The Competition Commission has rejected a plea against chit fund firm Shriram Chits Ltd for allegedly abusing its dominant market position.

The CCI order, released today, follows a complaint filed by a chartered accountant Sreeram Murthy, who had invested in chit funds of Shriram Chits.

While Murthy had alleged that Shriram Chits “was abusing its dominance by misleading the consumers through various anti-competitive practices in contravention of” the Competition Act provisions, CCI said that the matter did not fall under its jurisdiction.

The CCI order said, “The opposite party (Shriram Chits) may be a large chit fund company in Andhra Pradesh and may be dominant.

“However, mere dominance per se cannot be acted against by the Commission. To invoke the jurisdiction of the Commission a prima facie abuse or misuse of the dominance is to be shown…” it added.

Murthy had approached the CCI after a dispute with Shriram Chits on settlement of payments between them.

He had alleged that Shriram Chits has auction turnover of around Rs 3,000 crore and is stated to be the largest in the business in India.

Murthy had extensive chit transactions and failed to make payments to the company, CCI observed.

“The relief sought by the informant (Murthy) is to direct the opposite party to settle the issues amicably with him which does not fall within the purview of the Act.

“There is no competition concern raised by the informant.

The informant has already suffered various court decrees and cannot approach this Commission to give directions to opposite party for settling monetary claims,” CCI said.

According to the CCI, these transactions have been from 1993 onward and the chit fund company had filed various civil suits in courts and obtained decrees against informant in 25 or more cases.

“In the light of the above facts and situation, the Commission finds that no prima facie case is made out against the opposite party (Shriram Chits). Therefore, the matter is hereby closed under section…” CCI said.

 

 

 

‘Mandatory reference of M&As to CCI good for consumer protection’

http://business-standard.com/india/news/mandatory-referencemas-to-cci-good-for-consumer-protection/488688/

BS Reporter / Mumbai Oct 06, 2012, 00:12 IST

The mandatory reference of mergers and acquisitions (M&As) in the financial sector to the Competition Commission of India (CCI) will be good for consumer protection, as it will check monopolistic tendencies, senior bankers said.

The Cabinet had on 4 October, cleared amendments to the Companies Bill. One of the amendments suggested other regulators should mandatorily refer matters impinging on ‘competition’ to the CCI.

According to senior bankers and experts, the Reserve Bank of India (RBI), the regulator for banks and non-banking finance companies, is doing a good job in improving customer services and protecting depositors’ interests. They said the system is evolving to have specialised bodies to check monopolistic tendencies, they added.

Maintaining financial stability, one of the key responsibilities of RBI, and monopoly are two different things, said Rajesh Mokashi, deputy managing director at rating agency CARE.

According to a public sector executive who did not wish to be named, the new move will go a long a way in consumer protection. It will be useful for an outside body to study the in-depth market implications of any M&A in the financial sector, he added.

While issues of monopoly and consumer interests get focus,

An official with the Indian Banks’ Association, however, cautioned we might see a turf war among various regulators, as much of the work could involve interpretation.

 

 

 

 

RTI on I-T returns: Sonia Gandhi gets boost from SC

http://daily.bhaskar.com/article/NAT-TOP-rti-on-i-t-returns-sonia-gandhi-gets-boost-from-sc-3882146-NOR.html

Dailybhaskar.com | Oct 05, 2012, 10:03AM IST

New Delhi: Close on the heels of CIC declaring that no loss was incurred by the government due to Sonia Gandhi’s treatment abroad, the Supreme Court on Thursday ruled the details of a person’s income tax returns are “personal information” and they don’t fall in the ambit of RTI.

 The details of a person’s income tax returns and performance of an employee are confidential and private in nature, which cannot be divulged under the provisions of the Right to Information Act (RTI) unless a larger public interest is involved, the Supreme Court ruled on Thursday.

 According to a newspaper report, the apex court added that the disclosure of such information would cause unwarranted invasion of privacy of that individual.

 The apex court gave the verdict while dismissing a plea against denial of information regarding a government official’s service matters and also the details of his assets and liabilities, movable and immovable properties.

 

The Chief Information Commissioner on Wednesday had said that no loss was incurred by the government due to Sonia Gandhi’s treatment abroad.

 According to reports, Commission in an order said there is “no record of any expenditure incurred by government” on Congress president Sonia Gandhi’s treatment.

 Citing personal freedom and security risk, Congress chief Sonia Gandhi had in February declined to disclose her income tax returns.

 The SC decision gives a boost to Sonia Gandhi’s claim that disclosure of such private information to third parties in guise of transparency in public life would amount to unwarranted invasion of the individual’s privacy.

 Earlier in January this year, Chennai-based RTI activist V Gopalakrishnan had sought details of her I-T returns for 10 years, from 2000-2001 to 2010-2011. The assistant commissioner of income tax, New Delhi, had sought her response to the application on Jan 23. 

 

 

 

 

3-year-old girl from city beaten, burned by parents last month

http://www.hindustantimes.com/India-news/Mumbai/3-year-old-girl-from-city-beaten-burned-by-parents-last-month/Article1-940514.aspx

Menaka Rao, Hindustan Times
Mumbai, October 06, 2012

In the wake of a mother’s arrest on Thursday for battering her three-month-old daughter to death, it has come to light that a three-year-old girl was beaten and burned by her parents in Dharavi in September. But while it took the Borivli police over a week to start investigations into the baby’s death, the Dharavi child was taken away from her parents by the police and placed in the custody of the Child Welfare Committee (CWC). Her mother was arrested and is now out on bail, while the father is absconding.

The child, Sunita Shivsharan, was brought to Sion hospital by Roshan Shaikh, a social worker, on September 15 after she learnt about the girl being assaulted through her neighbours.

“It was a classic case of battered baby syndrome. The child was bleeding in the eye because of assault near the forehead. She also had burns and several healed scars. We reported the case to the police,” said Dr Rajesh Dere, associate professor, forensic medicine, Sion hospital.

The Dharavi police arrested Sunita’s mother Jayashree under relevant sections of the Juvenile Justice Act. She was released on bail about a week later. The child was treated for her wounds and discharged on September 21.

 

 

 

 

 

Central team visits Cauvery basin, reviews crop position

http://www.thehindubusinessline.com/news/states/article3967762.ece

Our Bureau

Protests spill over to Bangalore; Karnataka bandh on Saturday

Bangalore, Oct 5: 

A four-member Central team inspected Cauvery basin reservoirs and standing crops in Karnataka on Friday.

The team which landed in Bangalore on Thursday night, met Chief Secretary S.V. Ranganath and other officials of the water resources, agriculture department. The fact-finding central team is headed by Central Water Commission (CWC) Director B P Pandey.

The State government gave a detailed presentation on the ground realities on the water storage levels in the backdrop of deficient rainfall and drinking water requirements of all the villages, towns, and cities like Mysore, Mandya and Bangalore.

Later, the team left for Mysore to get firsthand information and to study the current situation in the Cauvery basin.

The Central team, which conducted an aerial survey of Krishna Raja Sagar (KRS) and surrounding areas, returned to Mysore before leaving for a study of ground realities in KR Pet, Pandavapura, Mahadevpura and other areas in the Cauvery basin by road and conducted another inspection at KRS.

Protests in Bangalore

Meanwhile in Bangalore, a series of protests disrupted normal life in the city. Karnataka Rakshna Vedike took out a procession from National College grounds in Basavangudi to Freedom Park in the city centre. Janata Dal-Secular also took out a separate procession over the Cauvery River Authority (CRA) ruling.

BJP rebel leader and former chief minister B.S. Yeddyurappa sprang a surprise by holding a protest along with his supporters. He blamed Prime Minister Manmohan Singh for the present crisis.

The Prime Minister without assessing the situation in drought-battered Karnataka ordered release of water to Tamil Nadu and meted out step-motherly treatment to the State, he said.

The protests and marches led to traffic blocks in various parts of the city.

In Mandya, Cauvery Hitarakshana Samithi President G Madegowda resumed his relay hunger strike for the second successive day. He hit out at four Union ministers representing Karnataka for the apathy towards the Cauvery water issue.

Karnataka bandh

Various organisations in the state have called for a Karnataka bandh in protest against release of water to Tamil Nadu on Saturday.

Major trade bodies have supported the bandh. K Shiva Shanmugam, President, FKCCI has requested the trade, industry and business fraternity to co-operate.

The Karnataka Small Scale Industries Association (KASSIA) having 99 affiliated associations and over 5,300 members has also supported the bandh.“The States economy is largely dependent on the agriculture areas covered by the Cauvery irrigation besides drinking water supply to cardinal centres. The Cauvery lifeline is vital to sustain the growth of Karnataka and the SSI fraternity supports the bundh,” said A Vijayendranath, president, KASSIA.

anil.u@thehindu.co.in

 

 

 

 

Land acquisition payout can’t be attached till it reaches owner: HC

http://timesofindia.indiatimes.com/city/chandigarh/Land-acquisition-payout-cant-be-attached-till-it-reaches-owner-HC/articleshow/16693558.cms

Ajay Sura, TNN | Oct 6, 2012, 05.53AM IST

CHANDIGARH: In a significant verdict with huge implications on payout cases, the Punjab and Haryana high court has ruled that the land acquisition compensation amount is not liable to attachment for recovery of any debt and it can be attached only after it reaches the hands of the land owner.

A division bench, comprising Justice Ajay Kumar Mittal and Justice G S Sandhawalia, announced the ruling after hearing a petition filed by Dilbhajan Singh of Bathinda, whose land was acquired by the Punjab government to set up an engineering college at Bathinda.

In this case, the enhanced compensation of around Rs 30 lakh was granted by the HC in an appeal under The Land Acquisition Act, to Dilbhajan. However, before the petitioner could receive the payout, it was attached by the Recovery Officer of Debts Recovery Tribunal (DRT), Chandigarh in execution of an order passed by the Presiding Officer of the DRT, at the instance of Punjab & Sind Bank to whom Dilbhajan had to pay the loan amount.

The petitioner approached the HC submitting that under Section 52-A of The Land Acquisition Act, the compensation payable in respect of acquired land cannot be attached to the government and that it can be attached only after it reaches the hands of the land owner.

Counsel for the petitioner H C Arora also disputed the judgment of the single judge given in the case of ‘Mukhtiara’ (1968), wherein it was held that only such compensation is immune from attachment, where the land concerned itself was exempt from attachment under some law, like Civil Procedure Code. Arora further submitted that the judgment of HC in Mukhtiara’s case was per se erroneous, as it did not correctly interpret the provisions of Section 52-A of The Land Acquisition Act.

The division bench, while accepting Arora’s argument, said that a plain reading of the objects and reasons of the Act spells out the purpose with which it was intended to be inserted.

While allowing the writ petition, the HC restrained the Recovery Officer of DRT, Chandigarh as well as the Land Acquisition Collector, Bathinda from attaching the amount of compensation payable to petitioner, and further directed that the compensation shall be released to the petitioner in accordance with law.

 

 

 

 

 

High Court admits Arun Gawli’s plea against life term.

http://www.indianexpress.com/news/high-court-admits-arun-gawli-s-plea-against-life-term./1012735/

Express news service : Sat Oct 06 2012, 01:51 hrs

The Bombay High Court on Friday admitted an appeal filed by gangster-turned-politician Arun Gawli challenging his conviction for the murder of Shiv Sena corporator Kamlakar Jamsandekar.

On August 31, Gawli was sentenced to life imprisonment by a special Maharashtra Control of Organised Crime Act (MCOCA) court after it held him guilty of murdering the corporator over a land deal. The former MLA and 10 others had killed Jamsandekar in 2008. According to the chargesheet, Rs 30 lakh was paid to the Gawli gang for carrying out the crime.

Gawli is in custody since his arrest in May 2008. On October 7, 2010, the court had framed charges against Gawli and other accused under MCOCA, sections 302 (Murder), 34 (common intention) and 120B (criminal conspiracy) under the Indian Penal Court. There are other cases of extortion pending against Gawli.

 

 

 

 

Karnataka high court quashes land acquisition for industries

http://timesofindia.indiatimes.com/city/bangalore/Karnataka-high-court-quashes-land-acquisition-for-industries/articleshow/16691412.cms

TNN | Oct 6, 2012, 01.20AM IST

BANGALORE: The Karnataka high court on Friday quashed the acquisition of land by the Karnataka Industrial Area Development Board (KIADB) in the ecologically sensitive catchment area of Thippagondanahalli reservoir which supplies drinking water to Bangalore city.

“When the entire area proposed for the Somapura Industrial Layout is within the catchment area of TG Halli reservoir, the state government should have considered what is so inevitable about this land. One cannot comprehend that an industrial area and a catchment area for drinking water can co-exist by mere regulation,” Justice AS Bopanna observed, while quashing notification acquiring 6 acres of agricultural land in Chandanahosahalli under Somapura hobli in Nelamangala taluk.

He also noted that the government had said the area is not ecologically sensitive when a presentation was made to the ministry of environment and forests. He further observed that the pollution control board had decided against giving consent to industries. The petition was filed by some land owners challenging the acquisition of land for an industrial layout.

Poster menace

The high court on Friday suggested that booking of cases against political leaders whose photos are found in illegal poster and banners can help curb the menace.

“Once you take action against political leaders, their followers will fall in line. You can make the leaders co-accused in those cases,” a division bench headed by Chief Justice Vikramajit Sen observed while adjourning the hearing on this issue.

The government advocate placing the affidavit filed by police commissioner N Jyothi Prakash Mirji said till September 15, 193 cases have been booked in Bangalore city and there have been 72 convictions. Counsel for BBMP informed the court that BBMP had undertaken to paint walls to prevent people from putting up posters. He also said the civic authority is referring cases to police for further action.

The court is hearing two PILs — one filed by B Krishna Bhat in 2007 and another by advocate Rajaram Sooryambail this year. Sooryambail claims police are not taking any action though they have powers under the Police Act.

Notice to government

Justice BS Patil on Friday ordered notice to the state government with regard to a petition filed by the Advocates Association of Bangalore challenging the appointment of Justice Vaidyanatha commission of inquiry to probe the March 2 violence at the City Civil Court Complex. The AAB claimed that constitution of this commission of enquiry amounts to parallel probe as the high court had already ordered a probe by a Special Investigation Team headed by former CBI director RK Raghavan.

 

 

 

 

High Court asks centre not to deport Italian woman

http://twocircles.net/2012oct05/high_court_asks_centre_not_deport_italian_woman.html

Submitted by admin4 on 5 October 2012 – 8:51pm

By IANS,

New Delhi : The Delhi High Court Friday directed the central government not to deport an Italian woman devotee of Shri Satya Sai Baba for her 13-year-long stay in the country till her plea of extension of her visa is decided.

Justice Rajiv Shakdher said: “The respondents are restrained from taking any coercive action against the petitioner till her application for extension/regularisation of X-entry (multiple) visa is decided by the Ministry of Home Affairs.”

Luciana, 67, came to India on a tourist visa Jan 18, 1999, and has been living at Puttaparthy in Andhra Pradesh.

Luciana was to be deported Friday. Her counsel Biswajeet Swain told the court that her visa expired July 17 this year and her subsequent representation for extension of visa has been pending decision with the Ministry of Home Affairs (MHA).

He submitted the plea after the Foreigners Regional Registration office (FRRO), Andhra Pradesh, rejected Luciana’s plea. She had moved the MHA Oct 1 and her plea is still pending.

The court, however, made it clear to Luciana to leave the country within two weeks if her visa is not extended, and disposed off her petition.

The petition stated that on July 12 this year, Luciana had moved the FRRO at Bangalore, which asked her to submit her plea to the FRRO in Andhra Pradesh which rejected her plea saying “a foreigner cannot be allowed to stay for more than five years in one stretch”.

“Foreigners cannot stay in India for more than five years… They have to leave the country and re-enter on an appropriate visa,” the FRRO had said, and asked Luciana to leave India by Oct 5.

 

 

 

 

Delhi high Court upholds land grant for school

http://timesofindia.indiatimes.com/city/delhi/Delhi-high-Court-upholds-land-grant-for-school/articleshow/16693506.cms

Abhinav Garg, TNN | Oct 6, 2012, 05.47AM IST

NEW DELHI: The Delhi high Court has upheld the grant of land by Delhi Development Authority (DDA) to a society for running a nursery school.

“The paramount consideration is to ensure that in this ever-growing city, nursery school is there in the neighbourhood to provide elementary education to children of a tender age, and so MPD-2021 facilitates putting of nursery school plot in question to mixed land use,” Justice Sunil Gaur has held in a recent order.

DDA’s decision to grant land to Tagore Education Society was challenged before HC on the ground, among others, that yet another school in Chirag Enclave area will lead to traffic congestion. Through a batch of petitions, Chiragh Cooperative Building Society and its office holders moved HC against DDA, arguing that the authority illegally allotted the land to the Tagore society.

The petitioner society argued that during 1979 to 2002, several representations and reminders were sent to DDA for intimation of terms and conditions for allotting the land in question to Chiragh Cooperative, but there was no response, forcing it to move court.

DDA told HC that in pursuance of lease agreement licence was given to Chiragh society to develop the entire land, but the proposed allotment of land for nursery school in favour of the petitioner society didn’t fructify because it failed to pay the premium demanded, and therefore, the allotment was made to Tagore society. DDA defended the allotment claiming it was not a case of double allotment and is a valid agreement. DDA also emphasized that nursery schools in the neighbourhood are good for children of a tender age and cited the MPD – 2021 to assert that the allotment for school is valid.

HC agreed that Chirag society had no right to stake claim to the plot as it never paid the premium. The court said the problem of traffic congestion can be handled by instructing police to regulate flow of vehicles and put reasonable restraints where required.

 

 

 

 

 

Give FIR copy to accused immediately: HC ask Odisha govt.

http://www.business-standard.com/generalnews/news/give-fir-copy-to-accused-immediately-hc-ask-odisha-govt/64945/

Press Trust of India / Cuttack October 05, 2012, 21:15

In a significant ruling, Orissa High Court today directed the state government to provide copies of FIR to accused persons immediately on demand.

In order to protect their right to life and personal liberty, the accused or their kin would now get the copies of FIR on payment of a nominal fee.

While the criminal justice system in the country has the provision to supply the copy of the FIR immediately to the complainant alone, the accused persons were debarred of this facility.

Without the FIR, the accused person was unable to know the exact nature of allegations levelled against him and therefore he was also not able to approach the appropriate forum for getting a relief.

Disposing off a PIL filed by a public spirited lawyer Arun Kumar Budhia, a Division Bench headed by Chief Justice V Gopala Gowda asked the police to upload the FIR in police website within 24 hours of registration of the case.

The police station should also make arrangements to give a copy of the FIR to the accused persons or their kin within 24 hours of application on payment of a nominal fee, informed the petitioner advocate.

In case the police station fails to provide the copy of FIR within the stipulated time, a committee comprising three high-level police officers should declare within three working days as to why the FIR copy was not made available to the applicant, the HC said in its order.

Similarly, the concerned magistrate holding trial in the case should also provide the copy of the FIR to the interested persons within two working days of the application.

Delivering this judgement, the Chief Justice also directed the High Court registry to send the copies of the judgement to all district judges, sub-judges, judicial magistrates, the home secretary, DGP, and all SPs to implement the order within January 31, 2013, Budhia informed.

 

 

 

Why it took nine years to register FIR against Rathore: HC

http://www.indianexpress.com/news/why-it-took-nine-years-to-register-fir-against-rathore-hc/1012746/0

Express news service : Chandigarh, Sat Oct 06 2012, 02:02 hrs

Why was a delay of nine years caused in registering an FIR against former Haryana director general of police S P S Rathore for molesting teenager Ruchika? Who are the persons responsible for the said delay? What action was taken against Sacred Heart School for allegedly expelling Ruchika at the instance of Rathore?

Demanding answers to these questions, the Punjab and Haryana High Court on Friday gave two weeks’ time to the respondents, CBI, Haryana and Chandigarh Administration, to respond by October 19. The court also questioned the locus standi of the petitioner, World Human Rights Protection Council through its chairman advocate Ranjan Lakhanpal.

The directions were passed during the resumed hearing of a public interest litigation filed by the NGO.

The counsel for the Sacred Heart School contended that Ruchika was not expelled from the school and that her name was struck down from the roll. The counsel also told the High Court that an inquiry held by the Chandigarh Administration, which indicted the school authorities for expelling Ruchika, had been challenged in a lower court.

The counsel for the Central government, advocate Ajay Kaushik, as demanded by the court, produced a copy of the Bill passed by the Central government for protection of minor children from molestation. Kaushik also produced the copy of the inquiry report prepared by the then UT Sub-Divisional Magistrate (SDM) Prerna Puri. The PIL will now come up for resumed hearing on October 19.

In JanTuary last, a division bench headed by former Chief Justice Mukul Mudgal had held that the High Court would consider guidelines to be adopted in child molestation cases and also the procedure to be adopted when senior police officers are accused in such cases.

In its PIL, the petitioner had demanded action against the school for expelling Ruchika at the behest of Rathore and requested the court to fix responsibility of the errant police officers and others who caused delay of nine years in registration of an FIR.

A Chandigarh court had held former DGP Rathore guilty of molesting Ruchika Girhotra and awarded 18 months’ sentence to him in May 2010.

 

 

 

 

 

HC seeks explanation on state policy to regulate summer camps

http://www.business-standard.com/generalnews/news/hc-seeks-explanationstate-policy-to-regulate-summer-camps/64807/

Press Trust of India / Mumbai October 05, 2012, 18:15

The Bombay High Court today sought Maharashtra government’s affidavit on a public interest litigation (PIL) seeking formulation of a policy to regulate trekking and summer camps organised by private bodies.

The PIL has been filed by Anil and Sunita Mahajan, whose son Harshal died in May 2006 during a trekking camp to Kulu Manali organised by the city-based Sahyadri Adventure Foundation.

Soon after the incident, the victim’s parents approached the consumer forum, which directed the organiser to pay a compensation of Rs 2 lakh to the parents in November 2009.

The parents then approached the high court seeking to know if there is any state government policy or if it proposes to formulate one, to regulate such camps organised by private organisations. Several such organisation are not even registered, the petition said.

A division bench headed by Justice A M Khanwilkar today directed the state government to file an affidavit by November 30, explaining if any such policy already exists and if not, whether such a policy will be formulated.

 

 

 

Madras HC declines advance bail for Ponmudi, son

http://www.business-standard.com/generalnews/news/madras-hc-declines-advance-bail-for-ponmudi-son/64928/

Press Trust of India / Chennai October 05, 2012, 20:55

The Madras High Court today dismissed anticipatory bail applications filed by DMK leader and former minister K Ponmudi and his son, in connection with a case on quarrying of red sand in ‘patta’ lands.

Ponmudi, DMK strongman in Villupuram, had submitted that he apprehended arrest for his alleged involvement in the offence and said he was innocent and had nothing to do with the alleged offence.

The offence was registered under sections of Mines and Minerals (Development and Regulations) Act, 1957, Tamil Nadu Mines and Minerals Concession Rule, 1959, Prevention of Corruption Act, 1988 and IPC.

Police had filed a case of irregularities in quarrying of red sand in ‘patta’ lands in the area, based on the report given by Tahsildar of Vanur in Villupuram district. Justice G M Akbar Ali dismissed the advance bail pleas.

 

 

 

 

Civic officials turn blind eye to HC directive on beacon

http://timesofindia.indiatimes.com/city/kolkata/Civic-officials-turn-blind-eye-to-HC-directive-on-beacon/articleshow/16693487.cms

TNN | Oct 6, 2012, 05.45AM IST

KOLKATA: On a day when Calcutta high court observed that it’s the state’s responsibility to see whether police are enforcing the notification on use of beacons, some mayoral council members and other civic body officials were found flaunting the red lights.

A visit to the KMC headquarters on S N Banerjee Road on Friday revealed at least six cars parked in the VIP zone fitted with red beacons. This place is exclusively reserved for mayor-in-council members. There are 10 MMiCs in the KMC and most of them are using SUVs with a red light atop. And not only the MMiCs, some senior officials, other than the municipal commissioner, are also using the red light without a flasher.

A division bench of acting Chief Justice Kalyan Jyoti Sengupta and Justice Asim Kumar Mondal on Friday expressed dismay over the failure of the state government to implement its own notification issued five years ago in 2007, modified in 2010, on the use of beacons and beacons with flashers by VIPs who are entitled. to use beacons with flasher and beacons only.

The transport department, in a recent notification, has specified 34 categories, who are entitled for red beacons, though there has been rampant misuse of this privilege.

Acting upon a petition filed by Khandekar Moazzem Hossain on the misuse of beacons, the division bench has directed the state transport secretary B P Gopalika to circulate the notification among superintendents of police, who in turn should inform the officials working under them. The bench also asked the transport secretary to submit a report on action taken before the court over steps taken against the offenders by the third week of November.

The transport secretary has also been asked to collect the compliance reports from the officers-in-charge of all police stations in the state.

The bench also wanted the police to examine if cars fitted with beacons have the relevant permission from the motor vehicles department to use the red light.

Mayor Sovan Chatterjee also uses an SUV fitted with a red beacon. This apart, officials in the mayor’s office too use SUVs which are part of mayor’s convoy and flaunt red beacons. Reacting on the issue, the mayor said that he had not received any circular from the state on the use of red beacon. “I have received no circular from the state government on this issue.

Let the state government send the circular first, we will take appropriate action,” Chatterjee said.

Rupa Bagchi, the opposition leader in the KMC, said: “We should not expect the MMiCs of the ruling party to obey the guidelines set by the state as directed by the Calcutta high court.

By using the red beacon, the MMiCs are showing off their power. It is an old habit which is hard to change,” Bagchi said. According to her, the civic top brass had asked a section of officials and MMiCs to restrain from using red beacons eight years ago reacting to a verdict by the Calcutta high court.

In yet another case, a division bench of Justice Ashim Kumar Roy and Justice Dipak Saha Ray directed the DG (traffic) and DC (traffic) on Friday to file a fresh action-taken report to the court by Monday. The bench turned down the report submitted by the police on the ground that they had booked all the offenders under non-bailable sections. Public prosecutor Debashis Roy pointed out that magistrates and munsifs in the district courts are also misusing the government notification on beacon. The bench observed that such practice should be stopped immediately.

A division bench of Calcutta High Court had asked the state transport secretary G.P. Gopalika to file an affidavit furnishing a list who are entitled to use a red beacon and a beacon with a flasher. The transport secretary had submitted a list of 34 personalities enlisted for the special status.

 

 

 

 

 

Plea in HC alleging threat to Raj Bhavan

http://timesofindia.indiatimes.com/city/nagpur/Plea-in-HC-alleging-threat-to-Raj-Bhavan/articleshow/16691340.cms

TNN | Oct 6, 2012, 01.11AM IST

NAGPUR: A plea has been moved in the high court alleging the four-storey structure of JP construction poses security threat to Raj Bhavan. A division bench comprising Justices Pratap Hardas and Ashok Bhangale then issued notices to Town Planning Department, NMC and JP Construction asking them to file replies within four weeks.

The petitioner, Mohan Karemore, through his counsel Shrikant Khandalkar contended that JP Construction had illegally erected the structure in front of Raj Bhavan. He claimed that security agencies had removed a nearby bus station in order to beef up the security, but ignored JP Construction’s building which is being illegally used for commercial purpose.

He added that the building has neither sought no-objection certificate (NoC) from the NMC nor secured clearance from the fire department. Moreover, the fourth floor has been illegally constructed.

 

 

 

 

Gujarat HC declines to hear bail plea of Sohrabuddin case accused

http://www.dnaindia.com/india/report_gujarat-hc-declines-to-hear-bail-plea-of-sohrabuddin-case-accused_1749280

Published: Friday, Oct 5, 2012, 18:40 IST
Place: Ahmedabad | Agency: PTI

The Gujarat High Court on Friday declined to entertain the bail plea of a suspended police officer, who is an accused in the 2005 fake encounter of Sohrabuddin Shaikh, an alleged gangster, on the ground that the Supreme Court has transferred the case to Maharashtra.

Justice Anant Dave declined to hear the plea of former deputy superintendent of police NK Amin, who was arrested in case in 2007, holding that his court no longer had the jurisdiction in the case, with its trial already being shifted to the Mumbai, and disposed of the plea.

Amin, who is accused of disposing the body of Kausar Bi, wife of Shaikh, had in 2010 filed an application to become an approver, but withdrew it later. The former DySP sought bail on the ground that CBI, probing the case, has no material evidence against him.

Amin has also maintained he has been suffering with a life-threatening disease, obstructive sleep apenia, and needs a minimum of five hours of oxygen supply under the supervision of a trained medical professional for proper breathing.

Disposing of Amin’s plea, the Gujarat HC asked the CBI to provide proper medical care to him and directed Amin to file a bail plea in the Maharashtra court. Shaikh, along with his wife and associate Tulsiram Prajapati, was abducted from Hyderabad by a Gujarat Police team. On November 26, 2005 Shaikh was allegedly killed in a staged encounter on Ahmedabad’s outskirts. A few days later, his wife was also killed in mysterious way and her body disposed of.

Amin, then with the Ahmedabad Crime Branch, has been accused of being involved in the operation of abducting Shaikh and his wife Kausarbi. Prajapati, a key witness to the killing of Shaikh, was shot dead, allegedly in a fake encounter, a year later at Chhapri in Banaskantha district.

The Supreme Court has asked the CBI to probe both encounter cases. Last month, the apex court, on an application of the CBI, shifted the Shaikh encounter case to Maharashtra.

 

 

 

 

HC upholds rotational headship in Patna univ

http://www.hindustantimes.com/India-news/Patna/HC-upholds-rotational-headship-in-Patna-univ/Article1-940248.aspx

Prashant Pratap, Hindustan Times
Patna, October 05, 2012

First Published: 16:30 IST(5/10/2012)
Last Updated: 16:32 IST(5/10/2012)

 The Patna high court on Thursday dismissed an appeal challenging the order of its single bench that confirmed rotational headship for three years in Patna University (PU) departments. A division bench of justice Shiva Kriti Singh and justice Shivaji Pandey dismissed the appeal filed by Dr Sunanda Banerjee and other teachers of the university.

Banerjee, Dr Rai Murari Prasad and Dr Sudha Sinha were heads of political science, economics and philosophy departments before the scheme of rotational headship for three years was introduced.

In 2010, when the rotational headship was implemented in PU, Dr Sachidanand Sharma, Dr Bhagwan Prasad Singh and Dr Rangnath Prasad all professors in PU were appointed heads.

However, the tenure of Sharma, Singh and Rangnath Prasad was cut short by a PU notification and they filed a writ application before a single bench of the Patna high court.

Allowing the writ application and upholding the threeyear headship tenure on May 11, 2012, justice Ajay Kumar Tripathi observed that prior to the rotational headship notification, the head of department (HOD) was a kind of ‘permanent jamindar’.

The HoD continued to occupy the post till he superannuated or was otherwise dislodged, justice Tripathi said.

There seemed to be a lot of resentment with such a permanent arrangement and, therefore, the notification was issued, justice Tripathi added.

According to the notification for rotational headship, the headship was to be rotated only amongst the four seniormost teachers with a fixed tenure of three years, he said.

Aggrieved by the order, Banerjee and others had filed the appeal before the division bench.

 

 

 

 

 

 

Peeved builders move HC over VAT confusion

http://www.dnaindia.com/mumbai/report_peeved-builders-move-hc-over-vat-confusion_1749393

Published: Saturday, Oct 6, 2012, 7:59 IST
By Sudhir Suryawanshi | Place: Mumbai | Agency: DNA

The Builders Association of India has approached the Bombay high court, seeking to bring clarity in the state government’s value added tax (VAT) circular 2005 and 2012.

Apart from the Supreme Court interim order, the developers are not happy with the sales department’s complicated and vague circular and the method of calculating VAT. The high court will hear the writ petition on October 11.

“Rather than bringing clarity, the department is creating confusion in the minds of developers and buyers. So much is written and talked about VAT, but still, no one has a clear understanding,” said Anand Gupta, secretary of the Builders Association of India (BAI).
Shankar Desai, a trustee of BAI, said they were calculating 5% VAT on the basis of total cost of the construction value of the flat plus 15% profit as an ad hoc basis.

“But the sales department refused to accept it. As per the composition scheme U/s 42(3), a developer has to pay 5% VAT on the agreement value. The department has not clarified whether the 5% tax is to be calculated on the basis of construction value or the total flat cost. Sales tax officials are saying that VAT should only be as per the given formula. Therefore, we have decided to challenge their decision,” said Desai.

He added that according to the government, if the land cost is shown then there would be a deduction in charging VAT.

“But it is not clear whether the land cost should be considered as per the market value or ready reckoner rate basis. Also, there is no clarity on transfer of developmental right (TDR). TDR is as good as land. The circular is full of anomalies. There are several gray areas and no one from the government has addressed them,” said Desai.

 

 

 

 

 

HC notice to Gujarat govt on defamation case against Teesta Setalvad

http://www.dnaindia.com/india/report_hc-notice-to-gujarat-govt-on-defamation-case-against-teesta-setalvad_1749307

Published: Friday, Oct 5, 2012, 20:13 IST
Place: Ahmedabad | Agency: PTI

Gujarat High Court on Friday issued notice to the state Government on a petition filed by social activist Teesta Setalvad challenging lower court’s order to investigate a defamation case against her.

Justice RH Shukla also issued notice to Setalvad’s former associate Rais Khan, who has filed the defamation case against her, and directed to file affidavits in reply by November 2, the next date of hearing.

Setalvad’s petition, filed through advocate Kalpesh Shastri, claims that ongoing investigation exceeds the scope of Criminal Procedure Code provision under which the magistrate ordered it.

Apart from seeking quashing of magistrate’s order to investigate, Setalvad has said what the court ordered to investigate has nothing to do with the alleged defamation, as court has also directed the police to carry out probe against publishers and editors of the magazine `Communalism Combat’.

Metropolitan Magistrate TS Brahmabhatt, on July 23, had directed Deputy Commissioner of Police Zone-V to conduct probe upon Khan’s complaint.

Khan had claimed that Setalvad accused him of discrediting and harassing witnesses of 2002 riot cases. She also accused him of having close ties with VHP and enjoying its patronage, which amounted to defamation, he said.

Setalvad had requested the HC to stay the investigation until the petition was decided, but the court refused, said Khan’s lawyer advocate Manisha Lavkumar.

 

 

 

 

HC notice to state school education secretary

http://timesofindia.indiatimes.com/city/nagpur/HC-notice-to-state-school-education-secretary/articleshow/16690048.cms

Vaibhav Ganjapure, TNN | Oct 5, 2012, 11.01PM IST

NAGPUR : The Bombay High Court’s bench here issued notices to State School Education Secretary and others on a petition filed by Maharashtra Rajya Prathmik Wastishala Nimshikshak Sangh in Yavatmal for implementation of the Maharashtra government’s resolution of July 31, 2009, for appointing Shikshan Sevaks in the local Zilla Parishad.

A division bench comprising justices Bhushan Dharmadhikari and Ashok Bhangale asked all the respondents including Amravati Divisional Commissioner, Yavatmal Zilla Parishad Chief Executive Officer (CEO) and its Education Officer (Primary) to reply in four weeks.

About 90 members of the Sangh worked as Shikshan Sevaks from the year 2001 to 2009 on ad-hoc basis despite the fact that there are vacant posts in the ZP primary schools. The petitioner sought directions to the CEO and the Education Officer (Primary) to implement the July 31, 2009 GR to appoint its members on these vacant posts. They also prayed for offering honorarium of Rs 3,500 instead of Rs 1,500 per month to such teachers. Vishal Anand and Kishor Ghuguskar held brief for the petitioners.

 

 

 

 

Firms move HC to stop panchayats from charging for mobile towers

http://www.indianexpress.com/news/firms-move-hc-to-stop-panchayats-from-charging-for-mobile-towers/1012656/

Press Trust of India : Mumbai, Sat Oct 06 2012, 00:40 hrs

Service providers Vodafone Infratel, Bharti Infratel and Indus Tower have moved Bombay HC alleging gram panchayats in rural Maharashtra were collecting Rs 30,000 to Rs 1 lakh and more as ‘development charge’ to grant NOCs for erecting mobile towers. The companies said in a petition this was not only seriously affecting business but also depriving people in villages of mobile services.

The petition alleged some members of gram panchayats were negotiating with companies and demanding cash to grant NOCs. It said it was becoming difficult for companies to pay cash without getting receipts.

The petition said the state rural development ministry had recently written letters to CEOs of all zilla parishads to take action against panchayats collecting such money. The letters mentioned the practice was not correct and should be stopped, it said, demanding immediate implementation of the government suggestion.

 

 

 

 

HC orders probe into MBBS admissions

http://ibnlive.in.com/news/hc-orders-probe-into-mbbs-admissions/298139-60-121.html

Express News Service

Dealing with a petition filed by an aspirant seeking admission to MBBS course under management quota, a division bench of the AP High Court directed the NTR University of Health Sciences to conduct an enquiry pursuant to the petitioner’s complaint and with regard to admissions under the quota in the respondent colleges: Shadan institute of medical sciences and Dr VRK Women’s medical college for the academic year 2012-13.

Petitioner Farha Sultana, a resident of Hyderabad, complained that the colleges concerned have refused to grant her seat under the management quota despite her securing 97.3 percent in Intermediate. She requested the court to direct the colleges to grant her admissions.

 

 

 

 

HC allows Delhi firm to import, sell Samsung computer goods

http://www.business-standard.com/generalnews/news/hc-allows-delhi-firm-to-import-sell-samsung-computer-goods/64911/

Press Trust of India / New Delhi October 05, 2012, 20:35

The Delhi High Court has partially set-aside its earlier judgement, which had restrained a city firm from importing and selling Samsung printers and other materials.

A bench of justices Pradeep Nandrajog and Siddharth Mridul gave the direction on a plea by the Director of the firm, Champion Computers, challenging the decision of a single-judge of the high court which had restrained it from the importing and selling the Samsung printers and other materials.

The court, however, directed the computer firm to clearly display in its showroom that it would provide – and not the Samsung Electronics – the warranty and after-sales service for the Samsung goods sold by it.

“The appeal is partially allowed. Impugned judgment and order of February 17, 2012 is set aside insofar the appellants have been restrained from importing printers, ink cartridges or toners bearing the trade mark Samsung and selling the same in India.

“But while effecting sale of Samsung/SAMSUNG printers and ink cartridges/toners, the respondents shall prominently display in their showrooms that the product sold by them have been imported from abroad and that respondents (Samsung Electronics) do not give any warranty qua the goods nor provide any after sales service and that the warranty and after sales service is provided by the appellants personally,” the bench said.

The court, however, said that Champion Computers will “continue to remain injuncted from meta-tagging (linking) their website to that of respondent (Samsung Electronics).”

The high court also said the single judge bench had followed an “erroneous approach” to conclude that import of goods into India needed the consent of the registered trade mark owner. (MORE)

 

 

 

HC notice to KHB chairman, others

http://www.deccanchronicle.com/channels/cities/bengaluru/hc-notice-khb-chairman-others-871

October 6, 2012

DC

Bengaluru

Following alleged irregularities committed by the Karnataka Housing Board in acquiring lands for construction of houses and distribution of compensation, the high court on Friday ordered notices to its chairman G.T. Devegowda, state government, chief secretary and others.

The court was acting on a PIL filed by Mr Gopinath, who has sought a CBI inquiry into the multi-crore scam.

The case relates alleged irregularities in acquisition of land in Yelachenahalli of Mysore district.

The petitioner stated that KHB acquired 300 acres at Yelachenahalli, Kallur and Nagenahalli near Mysore and Rs 6-7 lakh was to be paid as compensation for each acre.

But KHB Chairman Devegowda intervened and raised the compensation to Rs 36 lakh per acre to benefit middlemen who had by then purchased land from farmers for a lesser cost through benami accounts.

A committee formed to look into the scam has presented the report, which has not been implemented. The term of Mr Devegowda has come to an end, but the government is still continuing with him to close the case.

Vaidyanatha panel: notice to state, others The HC ordered notices to the state and central governments and one-man inquiry commission of Justice R.G. Vaidyanatha following a petition by Advocates’ Association Bangalore.

Justice B.S. Patil passed the orders on the petition challenging the constitution of one-man commission of Judge Vaidyanatha to probe violence at the City Civil Court complex on March 2. The matter was adjourned to October 9.

‘Penalise politicians for illegal banners, cutouts’The HC slammed politicians again for illegal banners and cutouts while hearing a PIL.

The court felt that booking cases against politicians and film stars in illegal banners and cutouts could put an end to the menace.

The court directed that other similar petitions should be clubbed and adjourned the matter to November 16.

The court had earlier observed, “Fine the politicians and film producers who put up unauthorised banners without any fear. If you (BBMP) fail to take steps and report to the court, we will summon the BBMP commissioner.”

Chief Justice Vikramajit Sen had earlier too mentioned about BBMP’s apathy when he noticed the nuisance of banners while driving towards the BIA.

 

 

 

HC vacates stay on PPT official’s suspension order

http://www.business-standard.com/generalnews/news/hc-vacates-stayppt-officials-suspension-order/64971/

Press Trust of India / Cuttack October 05, 2012, 21:55

The Orissa High Court has vacated a stay it had granted restraining the Paradeep Port Trust (PPT) authorities from giving effect to a suspension order slapped on the Port traffic manager Saroj Kumar Misro.

With this order, the PPT authorities are now one step closer to suspend Misro, who had been booked by the CBI under Prevention of Corruption Act for possessing assets disproportionate to his known sources of income.

A Division Bench of Justices B P Das and B K Nayak vacated the stay it had granted in July this year restraining the port authorities from giving effect to the May 21, 2012 suspension order handed over to Misro.

The Bench vacated the stay when the High Court was informed by the Port authorities that the Central government has in the meantime approved the suspension order.

However, the High Court in its order also made it clear that the suspension order on the port traffic manager shall now be subjected to the result of a writ petition filed by Misro, which is now in the final stage of adjudication by the High Court.

         The Bhubaneswar wing of CBI had raided the office and official residence of Misro In December 2009. While conducting search and seizure, the CBI sleuths had stumbled upon assets in the name of Misro which were incredibly disproportionate to his known sources of income.

        Subsequently, the CBI submitted charge-sheets against Misro booking him under Section 13(1) and (2) of PC Act of 1988 after obtaining sanction of prosecution from Union shipping ministry. While doing so, the CBI had also recommended the PPT authorities to initiate regular departmental action against Misro.

Accordingly, as per Paradeep Port Employees (Classification, Control and Appeal) Regulation of 1967, a disciplinary proceeding against Misro was initiated by the then chairman of the PPT. The disciplinary authority after collecting sufficient evidence in support of Misro’s misconduct placed him under suspension in May this year.

 

 

 

 

Maintenance plea: HC notice to Lissy Priyadarshan

http://ibnlive.in.com/news/maintenance-plea-hc-notice-to-lissy-priyadarshan/298367-60-122.html

Express News Service

The Kerala High Court on Friday issued a notice to actor Lissy Priyadarshan on a petition filed by her father N D Varkey seeking maintenance from her.

Varkey, 75, of Kothamangalam argued that though the Maintenance Tribunal had ordered her to pay maintenance, she paid no money for the past two years.

In January 2010, the tribunal had directed Lissy to provide Rs 150 per day (a sum of Rs 4,500 per month) to her father for purchasing medicine.

Varkey said that he is a sickly person who requires money for his medicine and is not in a position to maintain himself.

He filed an appeal before the District Collector, who is also the Appellate Tribunal, and sought an enhancement of `10,000 as maintenance.

However, Lissy moved the High Court and won a favourable order.

The petitioner further argued that the District Collector reviewed the order and remanded the case to the Maintenance Tribunal despite the protest and his strong objection.

According to Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Appellate Tribunal has no power to review.

Children or relatives cannot file an appeal under the Act, and only senior citizens can file appeals, the petition pointed out.

The petitioner further said that he was a septuagenarian and his daughter was a ‘crorepati’ dabbling in various business activities.

He is unable to maintain himself with his own earnings or out of the property owned by him, the petition said.

 

 

 

 

HC stay on appointment of revised teacher grade II candidates

http://timesofindia.indiatimes.com/city/jaipur/HC-stay-on-appointment-of-revised-teacher-grade-II-candidates/articleshow/16692680.cms

TNN | Oct 6, 2012, 03.59AM IST

JAIPUR : The Rajasthan high court on Friday stayed the appointment process of successful candidates of the RPSC teacher grade II examination after the commission revised the declared results. RPSC had revised the result by reexamining the answersheets of candidates for social science and mathematics.

Justice M N Bhandari’s order came on a petition filed by one Dalip Malav and others who were previously declared successful when the result was initially declared in March this year. “The petitioners were never provided opportunity of hearing before they were declared unsuccessful in the revised result declared recently. It was also brought to the notice of the court that a large number of negative marking has wrongly been done while treating certain answers as wrong as also there are certain questions which have been wrongly termed by the expert committee as incorrect,” said Tanveer Ahmed, the counsel for the petitioners.

The bench has issued show cause notice to secretary, RPSC, and has also directed that the revised result should not be operated and acted upon to recommend name of successful candidates of social science and mathematics subjects to the education department for their appointment.

 

 

 

 

 

C issues notice to Punjab on illegal mining

http://www.indianexpress.com/news/hc-issues-notice-to-punjab-on-illegal-mining/1012777/

Express news service : Chandigarh, Sat Oct 06 2012, 02:59 hrs

Notices have been issued by the Punjab and Haryana High Court to the state of Punjab and other parties based on a writ petition to explain its allowing of illegal mining being carried out at Ropar.

The other parties are the Director, Industries and Commerce, Punjab, Mining Officer, Industries Department of Punjab, the State Geologist and B S Brar, the general manager-cum-mining officer of the Department of Mining.

The appellant had filed a notice stating that illegal mining was being allowed at some locations at Ropar despite court directions against it. He had himself stopped operations after being issued directions that mining be stopped, pending environmental clearance.

However, the government had allowed illegal mining to be continued there, permitting the stone crushers to continue with the units by putting a partial ‘royalty’. Presently, the stone crushers are running the units by getting the raw material of sand and bajari from Ropar and are lifting the raw materials from nadi or khad despite the fact that mining has been stopped by the court. There is sufficient proof regarding this, including photographs showing illegal mining.

 

 

 

 

HC notice to state on sacking of 19 female employees

http://timesofindia.indiatimes.com/city/nagpur/HC-notice-to-state-on-sacking-of-19-female-employees/articleshow/16690304.cms

Vaibhav Ganjapure, TNN | Oct 5, 2012, 11.18PM IST

NAGPUR: The Bombay High Court’s bench here issued notices Maharashtra women and child development secretary and Nagpur divisional commissioner on the petition filed by 19 female employees working under the Integrated Child Development Service (ICDS) project at Bhandara Zilla Parishad. They were asked to file reply by October 17.

These aggrieved women moved to the court challenging termination of their services by the child development project officer on September 13 last year as per order of ZP Chief Executive Officer (CEO).

The Bhandara ZP had came out with an advertisement on February 25 last year for appointment on the posts of Anganwadi Sevika, mini Anganwadi Sevika and Madatnis (Helpers), as per Government Resolution of August 5, 2010. However, the ZP CEO in his order of August 6, 2011, stated that the interviews held in April last year were not proper and hence the candidates should be interviewed again.

Earlier, these petitioners had filed petition in the same court, which was disposed of on March 12 with an observation that the ZP CEO’s order was quashed and set aside by the divisional commissioner on December 5, 2011, hence there was nothing to be decided.

However, in another plea by Vidya Sukhdewe on May 4, the court had quashed and set aside the divisional commissioner’s order and restored the appeal back to him for fresh consideration. This prompted the petitioners to move back to the court contending that the court orders in this case were passed without giving them hearing in breach of the principles of natural justice. Vishal Anand and Kishor Ghuguskar appeared for the petitioners.

 

 

 

 

Explain illegal structures, HC tells Ulhasnagar civic body

http://www.indianexpress.com/news/explain-illegal-structures-hc-tells-ulhasnagar-civic-body/1012663/0

Press Trust of India : Mumbai, Sat Oct 06 2012, 00:46 hrs

The Bombay High Court (HC) has directed Ulhasnagar Municipal Corporation in Thane district to file an affidavit within four weeks stating what action it had taken against 110 illegal constructions sanctioned by the then town planner in 2010.

Justices V M Kanade and Rajesh Ketkar issued the order on Thursday after the Maharashtra government informed HC it had appointed the director of town planning in Pune to probe the alleged illegal constructions.

The court was hearing a PIL alleging rampant corruption in the corporation and claiming on the basis of an RTI reply that 110 plans were sanctioned illegally in 2010 in Ulhasnagar, a colony of displaced persons from Sindh in Pakistan who migrated after Partition.

On another PIL in 2005, HC had ordered demolition of 855 buildings in the town come up in violation of development control (DC) and FSI rules.

The present PIL filed by Ravi Talreja and Hardas Tharwani alleges that then town planner A P Gurgule, in collusion with civic officials, granted permission or regularised 110 unauthorised structures in contravention of DC rules.

Counsel for the petitioners Jaiwant Chandnani argued the town planner went beyond his powers to sanction the plans and prayed for a probe by an independent agency. A civil court in Ulhasnagar had issued notices to the town planner and some municipal officials on February15, 2010, for alleged mischief and forgery. After a few days, the state government transferred Gurgule to Pune.

The town planner then went on leave from October 19, 2010, to November 4, 2011, and it was in this period that he allegedly granted the illegal permissions, the petition said on the basis of information gathered through RTI.

It was further alleged that criminal cases had been registered against Gurgule. He then absconded and applied for anticipatory bail in HC, which was rejected.

The petitioners said they had learnt through RTI that Gurgule sanctioned 110 illegal constructions during his tenure or when he was on leave and claimed no inquiry was conducted by the government despite several pleas by the authorities.

 

 

 

 

HC overrules 44-year-old judgment on compensation to land owners

http://www.indianexpress.com/news/hc-overrules-44yearold-judgment-on-compensation-to-land-owners/1012845/

Express news service : Chandigarh, Sat Oct 06 2012, 06:20 hrs

The Punjab and Haryana High Court overruled a 44-year-old judgment which empowered lower Courts to attach compensation to be paid to land owners in lieu of acquisition of land in the hands of the government concerned, on Friday.

Setting aside the judgment passed in 1968, a division bench comprising Justice Ajay Kumar Mittal and Justice G S Sandhawalia held that such compensation which was to be paid to a “defaulter” could not be attached by lower Courts in favour of the government.

On account of non payment of money by a ‘defaulter’, local Courts used to attach the compensation so that money was paid to the lender. The directions were passed by the High Court on an appeal filed by Dilbhajan Singh of Bathinda. His land was acquired by the Punjab government for the establishment of a college in Bhatinda.

However, before the petitioner could receive the amount of compensation, it was attached by the Recovery Officer of Debts Recovery Tribunal, Chandigarh, in execution of an order passed by the Tribunal’s presiding officer.

The petitioner approached the High Court. Advocate H C Arora, counsel for the petitioner, submitted that the compensation payable could not be attached in the hands of the government and that it could be attached only after it reached the hands of the land owner.

Arora also disputed the judgment passed in 1968 by the HC, where it was held that only such compensation was immune from attachment, where the concerned land itself was exempt from attachment under some law.

 

 

 

 

 

HC raps state on absence of policy

http://www.indianexpress.com/news/hc-raps-state-on-absence-of-policy/1012654/0

Express news service : Mumbai, Sat Oct 06 2012, 00:39 hrs

Coming down heavily on the state government for the lack of a witness protection policy, the Bombay High Court on Friday said, “What disturbs the conscience of the court is that there is no witness protection scheme formulated by the state government as a part of governance.”

The court said judicial notice has to be taken of the several acquittals in criminal cases and added, “We are of the view that the state government should be concerned that in a large number of cases witnesses do not support the prosecution.”

Justice Abhay Oka said since January, he had heard about 250 cases at the stage of final hearing. Citing an example of a case in which a police constable had turned hostile because he was not given protection, the court said, “In 70 per cent of the cases, witnesses turn hostile. This is the state of affairs now.”

The court was hearing a petition filed by Vijay Jadhav, a witness in a murder case whose police protection was withdrawn recently. Jadhav contended that he is a witness in the 1999 murder of corporator Sharad alias Appa Leve in which Udayanraje Bhosale, MP from Satara, was an accused.

A Division Bench led by Justice Oka observed that the state government has been “moving in circles” over the issue since January. “This shows that the state is not interested in giving protection to witnesses,” he said.

“Is anything wrong if someone says they want protection?” the court asked. The court was told that protection is given to a witness if a specific request is made. No scheme is formulated but in case of a specific request made by a witness, the police provide protection after evaluating the threat perception, the court was informed.

“It appears that the state expects witnesses to apply for protection,” the court said. Stating that the government ought to formulate a policy to protect witnesses in criminal cases, the court adjourned the case till October 9.

Turning Hostile

The woman who accused Abhishek Kasliwal, son of industrialist Ambuj Kasliwal, of rape turned hostile in court. Abhishek was acquitted in March 2011

The woman who was allegedly raped by actor Shiney Ahuja backtracked in court. Ahuja, however, was convicted in March 2011 based on medical evidence

In the pending trial of 13 accused in the Mumbai train blasts of July 2006, six witnesses turned hostile

Thirteen witnesses in the trial of MP Padamsinh Patil, accused of murdering Congress leader Pawanraje Nimbalkar allegedly over a scam he exposed in Patil’s sugar factory.

 

 

 

 

Newsprint supplier knocks HC doors, seeks DC’s winding up

http://timesofindia.indiatimes.com/city/hyderabad/Newsprint-supplier-knocks-HC-doors-seeks-DCs-winding-up/articleshow/16693433.cms

TNN | Oct 6, 2012, 05.39AM IST

HYDERABAD: Hong Kong-based newsprint supplier Adonis Limited has slapped a winding up petition against beleaguered Deccan Chronicle Holdings Ltd (DCHL) in the Andhra Pradesh high court over dues of around Rs 145 crore.

The petition, filed under Sections 433 and 439 of the Companies Act 1956 read with Rule 95 of the Companies (Court) Rules 1959, states that DCHL is in grave financial constraints, has become commercially insolvent and non-viable and should be wound up in the interest of the public and creditors.

Adonis Limited has also urged the HC to restrain DCHL and its officials from disposing of, alienating, encumbering, transferring or creating any third party rights or interest on the assets, properties and funds detailed in the fixed assets schedule of DCHL’s 2010-11 balance sheet. The plea came up for hearing before Justice Ramesh Ranganathan and notices have been issued to DCHL. Adonis Limited, in its petition, said it had a long-standing 20-year relationship with DCHL, which defaulted on payments for shipments worth Rs 128.55 crore of newsprint made from the September 2011 to April 2012 period despite repeated reminders.

“The company (DCHL) has failed and neglected to make payments for various invoices raised between the period September 24, 2011, till April 2012 for 33,794.53 metric tonnes of newsprint totaling a sum of US$ 23,090,793.42 equivalent to Rs 128,55,46,964.73,” Adonis said in the petition. It has also sought an interest of Rs 16,20,84,973.33 crore from DCHL.

Pointing out that though earlier delays in payments by DCHL had been accommodated by Adonis keeping in mind their long-standing business relationship, Adonis said DCHL had failed to pay up for newsprint supplied in the September 2011-April 2012 period, for which invoices with similar credit periods of 60 to 90 days were raised, despite its promoters repeatedly acknowledging and admitting DCHL’s liability.

Adonis said DCHL vice-chairman T Vinayak Ravi Reddy had through letter dated March 29, 2012, acknowledged the outstanding bills and agreed to clear them before March 31, 2012 or at the latest by April 2012. Apart from this written assurance, several meetings took place from time to time between senior Adonis Ltd officials and DCHL directors including its chairman T Venkattram Reddy and Vinayak Ravi Reddy.

According to Adonis, it later issued notices dated July 31, 2012, to Venkattram Reddy, Vinayak Ravi Reddy and PK Iyer to make payments and not dispose of DCHL’s moveable and immovable assets, which were acknowledged by the three promoters.

Adonis told the HC that these notices were followed by a demand notice dated August 18, 2012, to which Adonis received a reply dated September 8, 2012, from DCHL’s advocate making “all kinds of false allegations only with a view to avoiding consequences of a winding up petition for its inability to pay debts”.

Alleging that in their reply notice DCHL’s promoters desperately attempted to make false claims regarding the quality of the material supplied despite admitting receiving the goods, Adonis has contended that the falsity of their claims was clear from the fact that even after receipt of the August 18 notice DCHL promoters placed an order for further supply of material vide a letter dated September 4, 2012.

 

 

 

 

HC for status quo in golf course case

http://www.thehindu.com/news/states/tamil-nadu/hc-for-status-quo-in-golf-course-case/article3969633.ece

Special Correspondent

The Madras High Court on Friday ordered status quo on the 80.4-acre Nandanam golf course, for four weeks.

Justice N. Paul Vasanthakumar passed the interim order on petitions filed by Tamil Nadu Golf Federation, represented by its associate secretary, S. Raamassubramanian, and Cosmopolitan Club, represented by its honorary secretary, Bharat V. Epur.

The Federation said it took upon the challenge of developing the golf course to international standards following which the Tamil Nadu government renewed the lease of the golf course in favour of the petitioner and Cosmopolitan Club in January 2001.

In June 2002, the joint lease was terminated and there were attempts by the government to take over the land, the petitioner said. After a legal battle, in January 2009, the lease was returned to the Federation and Cosmopolitan Club.

On September 26 this year, the revenue department directed the Federation and the Club to show cause, within 15 days, why the joint lease should not be cancelled. The government had allotted the land to Sports Development Authority of Tamil Nadu for hosting the 20 Asian Athletic Championship next year, and establish a sports hub there, it was learnt.

The petitioner said that the notice was arbitrary, unfair, illegal and also factually incorrect. Since the government had granted lease of the golf course for thirty years and the petitioner had spent huge sums on its development, the government’s decision to allot the land to SDAT seemed predetermined, the petition said.

The Federation’s senior counsel, P.S. Raman, argued that for an international event scheduled to be held in the middle of next year, the government would not decide on a suitable location, so late in the day. Therefore, the reason given by the government was arbitrary and untenable, he said.

Also, the notice did not disclose why the golf course land was preferred and if any other land in the city had been considered for SDAT’s athletic meet, the petitioner said.

Therefore, the show-cause notice itself was predetermined and suffered from arbitrariness and non-application of mind by the authorities concerned, Hence, the present writ petition by the Federation.

 

 

 

 

 

SC rejects Jagan Reddy’s bail plea

Apex court also asks Reddy not to apply for bail until CBI concludes probe into all seven cases booked against him

http://www.livemint.com/Politics/nAD2XTa20XTfoHzOohQPNM/SC-rejects-Jagan-Reddys-bail-plea.html

Yogendra Kalavalapalli |   PTI

First Published: Sat, Oct 06 2012. 12 00 AM IST

 

Hyderabad: The Supreme Court (SC) on Friday dismissed the bail plea of Congress rebel and Kadapa member of Parliament (MP) Y.S. Jagan Mohan Reddy, who is being probed by the Central Bureau of Investigation (CBI) for allegedly amassing assets disproportionate to his income.

The apex court also asked Reddy not to apply for bail until the CBI concludes its investigation into all the seven cases booked against him.

CBI’s counsel told the bench that the agency would complete the investigation by 31 March 2013 while trying to do so even earlier.

Appearing for CBI, additional solicitor general Mohan Parasaran and senior counsel Ashok Bhan contended that investigations were still under way in the seven cases and letters rogatory have been issued to various countries. They also said Reddy, currently lodged in Chanchalguda Central Jail, could influence witnesses with his political clout.

“The contours are much larger,” the bench observed, while refusing to entertain the persistent plea of senior counsel Gopal Subramaniam, who appeared for Reddy, ‘PTI’ reported. CBI’s counsel told the bench of justices Aftab Alam and Ranjana Prakash Desai that four chargesheets have been filed in the case so far and the total amount allegedly accumulated by Reddy and his associates amounted to more than Rs.3,000 crore.

 

 

 

 

SC seeks clarity on retail FDI move

http://timesofindia.indiatimes.com/india/SC-seeks-clarity-on-retail-FDI-move/articleshow/16692806.cms

Dhananjay Mahapatra, TNN | Oct 6, 2012, 04.13AM IST

NEW DELHI: The Supreme Court on Friday sought clarity from the Centre on the legal sanctity behind recent decisions allowing foreign direct investment (FDI) in various sectors, including multi-brand retail, but clarified that there was no doubt that policy decisions remained in the executive’s exclusive domain.

A bench of Justices R M Lodha and A R Dave asked petitioner advocate M L Sharma to give a copy of his PIL to attorney general G E Vahanvati to enable him to give the requisite clarification to the court on October 12, but frowned at the petitioner for making the Prime Minister’s Office a party. Sharma said he would delete principal secretary in PMO as a respondent.

Posting the matter for hearing on October 12 to get a clear picture on the legal scheme that backed the recent decision of the Centre opening up the retail sector to FDI, the bench confessed that it had an uneasy feeling that the petitioner had either inadvertently missed out or was not presenting the correct legal proposition relating to the FDI decisions.

The bench, meanwhile, had made up its mind to dismiss the PIL, saying, “You (petitioner) assume that the policy had to be issued in the name of the President, which is absolutely unfounded. A policy decision need not be placed before Parliament. Only when a law is enacted on the basis of policy, it is required to be placed in Parliament. The court has no role in the framing of policy decisions or lacunae therein.”

But Sharma doggedly defended his challenge to allowing FDI in retail and showed the court how the government regulated FDI in India by making rules and regulations from time to time under the Foreign Exchange Management Act (FEMA), 1999.

He said that Regulation 5 read with provisions of FEMA strictly prohibited FDI in retail trading (except in single brand product retailing), atomic energy, lottery, gambling and betting, business of chit funds, Nidhi company, trading in transferable development rights (TDRs) and activities/sectors not opened to private investment.

 

 

 

 

SC order has put mine owners in their place’

http://timesofindia.indiatimes.com/city/goa/SC-order-has-put-mine-owners-in-their-place/articleshow/16693754.cms

TNN | Oct 6, 2012, 06.19AM IST

PANAJI: Chief minister Manohar Parrikar said that the Supreme Court order on Friday is an endorsement of the state government order which had asked all mining activity to stop a month ago.

“The Supreme Court has not heard the state government in the matter,” Parrikar said. “Let the notice come from the Court, and we will reply,” he added.

He also said that in the state government’s reply, the apex court would be informed that illegalities in mining were committed during the previous Congress government regime in the state.

The chief minister said that the Court may not be aware that this government (his BJP-led one) has not done any illegalities in mining.

Leader of opposition Pratapsingh Rane said, “As soon as possible, the SC’s environment panel, the central empowered committee, should complete the inquiry, so that common man depending on mining should not suffer.”

The All Goa truck owners association president, Nilkant Gawas, said that “The fight between the Centre and state government has shown us this day and it would be hard to survive”.

Anti-mining activist Ramesh Gawas said that the SUpreme Court has endorsed the Shah commission report and that the order is important for the future of Goa and Goans. He also said that chief minister Manohar Parrikar should recover the amount of 35,000 crore from mine owners and use it to pay the genuine workers working in mines.

“Mine owners have always believed that they are above the law since the Portuguese era, and this order has shown them their place, and that they are not above the law”, Gauns added.

Atul Jadhav, president of the all Goa barge owners’ association, said: “All mining-depended people should now become party to the petition and pray to classify mines in different categories so that legal mines are allowed to operate.”

 

 

 

 

 

‘Lower courts can ensure fair police probes’

http://timesofindia.indiatimes.com/city/jaipur/Lower-courts-can-ensure-fair-police-probes/articleshow/16692607.cms

TNN | Oct 6, 2012, 03.51AM IST

JAIPUR: Chief Justice Arun Mishra of Rajasthan high court on Friday observed that the lower judiciary was the best placed to ensure that police investigate criminal cases fairly. The chief justice also urged the lower judiciary to strive for conducting speedy trials.

Chief Justice Mishra was addressing judicial officers at the inauguration of a three-day judicial conference on administration of criminal justice here on Friday. The conference organised by the Rajasthan high court, the national judicial academy, Bhopal, and the Rajasthan state judicial academy, Jodhpur, was addressed by Supreme Court’s former judges C K Thakker and A K Ganguly among others.

“Whether an investigation has been done properly or not by the police can be ensured by the lower courts where the criminal cases are first tried. Lower judiciary is the master of trials,” the chief justice said. He stressed that just as the police’s job was to check crime, the judiciary’s task was ensure relief to the victim. “At the same time, rights of the accused people also need to be safe guarded by the judiciary,” Chief Justice Mishra noted, as he mentioned on why the 26/11 Mumbai terror attack accused Mohammad Ajmal Amir Kasab was provided a lawyer.

Former SC judge Ganguly, too, emphasised on adhering to judicial principles. “The British could rule on more than half of the world because of their adherence to judicial principles,” Justice Ganguly said, while recounting that the former imperial power framed laws even to takeover countries as colonies.

 

 

 

 

Birlas send legal notice to filmmaker over lyrics

http://timesofindia.indiatimes.com/city/mumbai/Birlas-send-legal-notice-to-filmmaker-over-lyrics/articleshow/16693924.cms

Bharati Dubey, TNN | Oct 6, 2012, 06.43AM IST

MUMBAI: The Birlas have sent a legal notice to the makers of the film, Chakravyuh, objecting to the lyrics of the song Mehangai. They argue that the song is intended to tarnish their reputation.

The notice dated October 3 has been sent by a legal firm on behalf of M/s Birla Brothers Private Limited, B K Birla, Nirmala Birla, S K Birla, C K Birla, Siddharth Birla, K M Birla and Yash Birla.

The song takes a dig at the political and economic situation and includes words such as Birla ho ya Tata, Ambani ho ya Bata, sabne apne chakkar mein desh to hai kaata. “The notice has been sent to producer-director Prakash Jha, producer Sunil Lulla, songwriter A M Turaz, composer Vijay Verma and singer Kailash Kher. The film is scheduled for release on October 24.

The notice states that the Birlas “take pride, and justifiably so, in having built an impeccable reputation on the foundations of fairness, equality and sustained commitment to the development of society and the country”. It also points out that the group “has a history spanning 150 years of dedicated service and contribution to the well-being of the nation through social and charitable endeavours”.

It has been pointed out that the lyrics, “even if taken in jest, are undeniably and evidently in poor taste and serve to foster an impression of social and commercial exploitation of the downtrodden on part of the Birla group”. The notice has asked Jha and the others to forthwith “withdraw” the derogatory portions within 48 hours with an unconditional apology to be published in the media. It also seeks an undertatking that, in future, they will “cease and desist, and not make similar or other derogatory imputations in any form against our clients”.

The notice says if the “request of our clients” is not heeded in the said period, legal action —both civil and criminal —will be initiated and the makers will be held “responsible for all the costs and consequences”.

Jha told TOI: “I have given the notice to my legal team. But I continue to stand by my conviction; there was no intention to malign or disrespect anybody. One has only intended to portray the common man’s sentiment and the voice of protest against the system, governance and industrial exploitation.”

 

 

 

 

Legal aid centre eases litigations in villages

http://timesofindia.indiatimes.com/city/hubli/Legal-aid-centre-eases-litigations-in-villages/articleshow/16693853.cms

Srinivas Reddy, TNN | Oct 6, 2012, 06.34AM IST

HUBLI: JSS Sakri Law College’s free legal aid centre on the college premises has been drawing a good response.

Initially the staff and students would visit villages in the district as part of their curriculum to create awareness on various legal aspects. Seminars were held for the benefit of villagers and pamphlets distributed to create legal awareness. Understanding law is never easy and as the staff discovered that villagers were only more confused they took the initiative to start the free legal aid centre to deal with matrimonial and property disputes which, they found, was on the rise in the villages.

Villagers found this more convenient than taking their personal battles to court. They approach the staff for counseling who try solving their problems at the centre. If they are not happy, then they approach lawyers to fight the case.

Ragini Kulkarni (name changed), who wanted her rightful share in the family property chose to approach the centre instead of dragging her brother to court. “I visited the centre, sought their counsel. They convinced my brother to share the property, thus avoiding a messy legal battle,” she added.

Speaking to TOI, Veena Madhav Tonapi, principal, JSS Sakri Law College, Hubli, said that the centre was started to provide aid and advice to people who do not want to go to court. “We have people approaching us from Haveri, Gadag, Belgaum and Dharwad districts. Most of the problems are to do with marriage and property disputes in the family. We have 8-10 staff members in the panel to counsel them,” she says.

Nagesh Kukanoor (name changed), was planning to go to court over a land dispute in Kusugal. “When I went to court, I realized that it would be an expensive affair. I then went to Sakri college centre and got the help I needed on land disputes,” he said.

 

 

 

 

 

ISRO security breach: Accused woman’s judicial custody ends today

http://ibnlive.in.com/news/isro-security-breach-accused-womans-judicial-custody-ends-today/298336-62.html

CNN-IBN

New Delhi: The judicial custody of the woman who breached security at Indian Space Research Organisation (ISRO) in September ends on Friday. Buela M Sam had posed as a scientist and stayed at the ISRO guest-house for three days with a fake identity card. The woman, who was carrying fake identity cards, was arrested by the Central Industrial Security Force (CISF) on September 21.

During a routine check at the ISRO headquarters in Yelahanka, the CISF stopped her and asked for her ID card. The CISF personnel found the ID card to be a fake and detained the woman, averting a major security breach. Aadhar and Pan Card of different identities were also recovered from her.

A 41-year-old from Ahmedabad, Buela is married to one Alex, who is a high school teacher from Kerala. Her husband claimed that she was not mentally stable and was undergoing treatment, said Bangalore Police Commissioner Jyoti Prakash Mirji. Her husband also said that she had been in a depressed state following her father’s death a fortnight ago. Mirji said that her husband’s claims were being verified.

Mirji added that she was staying in the ISRO guest house using the fake ID and tried to enter the campus when CISF personnel stopped her at the check post. The policed also said that the woman was apprehended before she could access any of the sensitive areas inside the ISRO campus.

The woman was handed over to the Bangalore Police and later produced before a magistrate who sent her to judicial custody till October 6. She has been booked under Indian Penal Code Sections 171, 448, 471, 465 and 467. Sources say that the woman has been giving conflicting statements.

 

 

 

 

Azad Maidan case: Fresh summons to organisers

http://www.hindustantimes.com/India-news/Mumbai/Azad-Maidan-case-Fresh-summons-to-organisers/Article1-940531.aspx

HTC, Hindustan Times
Mumbai, October 06, 2012

The Mumbai police crime branch is likely to issue fresh summons to two or three organisers who stay outside Mumbai and are yet to record their statement in connection with the August 11 Azad Maidan attack. Sources in the crime branch said of the 17 who were on stage, they had recorded the statements of the others. Commissioner of police (Mumbai) Satyapal Singh had clarified that action would be taken against the organisers only if there was evidence against them.

Sources said only five organisers gave speeches at the rally and were under the police scanner. Of these five, three speeches have been found to be provocative.

After this the police had invoked section 505 of the Indian Penal code (IPC) which is about provocative speeches.

 

 

 

 

Complaint registered against Rakhi Sawant

 

http://www.indianexpress.com/news/complaint-registered-against-rakhi-sawant/1012722/

Express news service : Sat Oct 06 2012, 01:40 hrs

The Oshiwara police registered a non-cognizable offence against actor Rakhi Sawant. A 31-year-old fashion designer approached the police alleging that Sawant had verbally abused her when she called asking about her payment on Friday.

Pooja Shukla, in her complaint, claimed that she had been designing clothes for Sawant for the past two years. She said that three months ago, she made 40 dresses for the actor, costing Rs 1.2 lakh, for which Sawant had not paid.

“We have registered a non-cognizable complaint under Sections 504 for intentional insult with intent to provoke breach of peace and 506 for criminal intimidation under the Indian Penal Code based on Shukla’s claim,” said senior police inspector D Rupawate.

 

 

 

 

 

Call Suresh Kalmadi as a witness, Sanjay Nirupam tells PAC

http://www.dnaindia.com/india/report_call-suresh-kalmadi-as-a-witness-sanjay-nirupam-tells-pac_1749290

Published: Friday, Oct 5, 2012, 19:45 IST
Place: New Delhi | Agency: PTI

A Congress member in Public Accounts Committee today said former Chairman of Commonwealth Games Organising Committee Suresh Kalmadi should be called before the Parliamentary panel to hear him out while discussing the CAG report on the games irregularities.

Sanjay Nirupam made this “suggestion” when the PAC was discussing the CAG report on Commonwealth Games scam today.

He said when the panel is discussing the issue, it should also summon him as a witness.

PAC Chairman Murli Manohar Joshi, while refusing to take a call on the demand immediately, is learnt to have said that if Kalmadi is called, some others may also have to summoned as witnesses, including the CBI which has probed him.

He also said that calling Kalmadi may also lead to “many other situations”, a member said quoting Joshi.

He said the Committee was looking into the financial aspects and not the criminal culpability as it was not its mandate.

Supporting Nirupam, B Mahtab (Biju Janata Dal) said it was necessary to call Kalmadi as a witness as he was the one who took several decisions with regard to the preparations of the Games held in October, 2010 in Delhi.

On April 25, 2011 after being questioned over alleged irregularities in the conduct of Queen’s Baton Relay (QBR) held in London in 2009, CBI arrested Kalmadi under Sections 120 B and 420 (criminal conspiracy and cheating) of the Indian Penal Code in the alleged Time Scoring Equipment scam.

On January 18, 2012 Suresh Kalmadi was granted bail by the Delhi High Court after being in jail for 10 months.

Home Secretary R K Singh also appeared before PAC today on the issue of installation and purchase of equipment by ECIL, which comes under the Department of Atomic Energy.

The equipment was part of the ‘integrated security system.’

 

 

 

 

Lawyer pulled up in Delhi’s BMW case back in court

http://www.mumbaimirror.com/article/2/2012100620121006030623598b00b6ab9/Lawyer-pulled-up-in-Delhi%E2%80%99s-BMW-case-back-in-court.html

Jyoti Punwani

Posted On Saturday, October 06, 2012 at 03:06:04 AM

The families of those arrested for the August 11 south Mumbai riots will receive help from Supreme Court advocate R K Anand to take up their cases at the highest level.

Anand, a controversial figure, was found guilty of contempt of court in September, for trying to influence Sunil Kulkarni, a key witness in a 1999 hit-and-run case.

Anand was defending arms dealer Suresh Nanda’s son Sanjeev, who was facing the trial for running over six people in his speeding BMW on January 10, 1999, while drunk.

Anand filed an affidavit in the court, saying he would donate Rs 21 lakh to the Bar Council of India, and take on only pro bono legal work and provide free legal aid for one year to avoid a six-month jail term for his offence.

Meets families

At a meeting organised by an Urdu newspaper, Anand advised the August 11 families to arrange for joint legal representation of all their accused relatives.

Anand expressed surprise that all the accused were booked under Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code.

Unqualified apology

Following his conviction, Anand had sought permission from the Supreme Court to get back to practising law, pleading that he had already tendered an unqualified apology and had been providing free legal aid since his conviction.

The bench of justices GS Singhvi, Aftab Alam and CK Prasad directed him to choose between the prescribed six months of imprisonment, or to donate Rs 20 lakh to the BCI and provide free legal services for one year.

Two people were killed and at least 52 injured on August 11 when thousands of people who had gathered at Azad Maidan to protest against alleged violence against Muslims in Assam and Myanmar, turned violent.

The mob damaged public and private properties, torched vehicles and assaulted policemen. Around 30 police personnel were seriously injured while three civilians sustained bullet injuries.

 

 

 

 

Nande’s custody extended by a day

http://timesofindia.indiatimes.com/city/pune/Nandes-custody-extended-by-a-day/articleshow/16692311.cms

TNN | Oct 6, 2012, 03.29AM IST

PUNE: The police custody of former Congress corporator Sanjay Nande, arrested in connection with the death of 11 people in a building collapse at Taljai Pathar on September 24, was extended by a day on Friday. Nande was arrested on September 25.

Senior inspector Kamlakar Takawale, in-charge of the Sahakarnagar police, produced Nande before judicial magistrate first class S S Patil, following expiry of his remand on Friday.

Arguing that his police custody be extended, assistant public prosecutor M G Poul submitted before the court that investigations had revealed that Nande was not the owner of the land at Taljai Pathar, but he had grabbed the land and constructed the building illegally.

Nande’s custodial interrogation was essential for the arrest of absconding suspect Lahuji alias Dhirendra Bapu Sawant, he added.

The case against Nande and Lahuji alias Dhirendra Bapu Sawant was filed under sections 304 (culpable homicide not amounting to murder) and 337 and 338 (causing hurt and endangering the lives of others) of the Indian Penal Code and section 52 (penalty for unauthorised development) of the Maharashtra Regional Town Planning Act.

The Pune Municipal Corporation (PMC) had on September 24 registered a complaint against Nande and Sawant as they partly owned the land at Saiduttanagar Colony where the building had come up. The three-storey building was among 2,300 illegal properties identified by the PMC to which notices had been issued. In the case of this building, a notice was issued to Nande and Sawant on September 1.

 

 

                                                           

 

 

 

3 youth convicted for stabbing a man, let off with fine

http://www.indianexpress.com/news/3-youth-convicted-for-stabbing-a-man-let-off-with-fine/1012486/

Agencies : New Delhi, Fri Oct 05 2012, 18:02 hrs

Showing leniency in view of their age, a Delhi court has imposed a fine of Rs 40,000 on three youth for stabbing a man in 2009 instead of sending them to jail.

The court ordered North-East Delhi resident Amit, who assaulted the victim Subhash with a knife, to pay a fine of Rs 20,000, while his two associates Mangal Sain and Dinesh Kumar were told to cough up a fine of Rs 10,000 each.

Additional Sessions Judge (ASJ) J R Aryan convicted the three youths for the offence punishable under section 324 (causing hurt using dangerous weapon) of the Indian Penal Code which entails a maximum jail term of three years for inflicting knife wounds on victim Subhash on a petty issue.

The court, however, did not award jail term to them saying the fathers of two convicts have already expired and they do not have any previous involvement in any crime.

“… considering that the fathers of two accused persons have expired and accused persons appeared to be young boys and had been in jail for two months and had no previous involvement…substantive sentence for offence may not serve the purpose but at the same time a fine which pinches the skin of the accused with default sentence will meet the ends of justice,” the ASJ said.

The judge also ordered a compensation of Rs 20,000 to be paid to the victim from the fine imposed on the convicts.

 

 

 

 

In SC, state to fall back on US court’s water-sharing order

http://www.bangaloremirror.com/article/1/2012100620121006061530520af8f8e5c/In-SC-state-to-fall-back-on-US-court%E2%80%99s-watersharing-order.html

Karnataka’s reply to the Supreme Court cites a US Supreme Court judgment on what is considered the ‘most controlled, controversial and litigated river in the world’

S Shyam Prasad

Posted On Saturday, October 06, 2012 at 06:15:03 AM

Karnataka is taking a cue from what was once considered the “longest, most complicated and most costly litigation” in the history of the US. The dispute about sharing the waters of the Colorado river between the states of Arizona and California went on for 40 years before the US Supreme Court passed an order in June 1963 recommending the nature of water-sharing between the two states. 

 

In its reply to the interim application 5 of Tamil Nadu before the Supreme Court, Karnataka has cited a famous line from the US judgement: “While pro-rata sharing of water shortages seems equitable on its face, more considered judgement may demonstrate quite the contrary.” This looks like a valid point for Karnataka in its dispute with Tamil Nadu over the sharing of Cauvery water.

 

The Colorado judgement is being used to counter Tamil Nadu’s claim that Karnataka cannot use surplus water (if it were available) in the Cauvery river for summer irrigation. TN had claimed an alleged distress formula of sharing water for what it felt was shortage of flow into the Mettur dam. Karnataka has said that since 2007 onwards, TN had agreed that Karnataka can use surplus water as it deemed fit.

 

CAUVERY AS OLD AS COLORADO

While the first plan for utilisation of Cauvery water was drawn up by the then Mysore kingdom in 1881, (which also saw the beginning of the dispute), it was nine years later in 1890 that the water of the Colorado was harnessed with the Great Ditch project. In 1892, Mysore and the British Madras Presidency signed an agreement on sharing the river water. For Colorado, such an agreement happened in 1922 between the upper and lower basin states. But while the dispute between Arizona and California more or less ended in 1962, that between Karnataka and TN continues. For the record, the US case went in favour of the upper riparian state of Arizona. California’s claim that waters of other contributing rivers should be added for calculation of sharing was rejected. Most importantly, the US Supreme Court said that during times of distress, water sharing in the same proportion as in times of normalcy was not actually just. Both these points seem to favour Karnataka in its dispute with TN.

  

US ORDER CAN BE CITED

A legal expert working for the state says, “The US Supreme Court judgement is a good precedent. There is no bar on citing judgements from the US or any other country. But there is a very basic difference here. Article 262 of the Constitution of India makes it clear that the Union government has the adjudicating role in inter-state river water disputes. The Indian Supreme Court has only corrective jurisdiction in river water disputes and not an original jurisdiction, not even an appellate jurisdiction. The US Supreme Court has original jurisdiction in river water disputes. So, we cannot expect the SC to solve the problem. It is for the politicians to do it.”

 

 ‘STATE LOST THE PLOT’

Legal experts say that despite the bravado shown by the State, it has lost the plot in fighting the dispute this time. A legal expert who wished not to be named said, “The CRA which has the PM as its chairperson is established for the purpose of implementing the judgment of the Cauvery River Water Tribunal. Unhappy with the order of the CRA, Karnataka filed a review petition with the CRA, and that was the proper thing to do. But then, Tamil Nadu approached the Supreme Court. The Karnataka government was served with an advance copy of Tamil Nadu’s application to the Supreme Court. Karnataka could have informed the Supreme Court that if it were to issue notice on Tamil Nadu’s application, the CRA would be less inclined to take the review petition seriously as the dispute stood effectively transferred to the Supreme Court. Karnataka could have sought a direction from the Supreme Court to the CRA to expeditiously dispose of Karnataka’s review petition. With such a direction, Karnataka could have focused its attention on one forum — the CRA — and pressured it to take into account the practical difficulties it is facing on the spot.”

 

Another major mistake legal experts cite is that of chief minister Jagadish Shettar leaving the CRA proceedings half-way. “If a lawyer is unhappy with a judge and walks out of the proceedings, the proceedings won’t stop and the other side will find it much more convenient to say all it wants to and there would be nobody to counter those claims,” an advocate said.

 The pro rata argument in the US Supreme Court comes in handy for one more reason. Karnataka contributes 53.7 per cent, TN 31.8 per cent, Kerala 14.3 per cent water in the Cauvery river basin. However, the water allotted to the states in the final award of the tribunal is 37 per cent for Karnataka, 58 per cent for Tamil Nadu, 4 per cent for Kerala and 1 per cent for Pondicherry.

‘SELF-PRESERVATION’
In criminal matters, even the Indian Penal Code provides for the right of self-defence. Similarly, in jurisprudence, an act otherwise considered a crime could be seen as an act of self-preservation. For example, two people are travelling on a boat and encounter a life-threatening situation and it becomes clear that the boat can carry only one person. One of the two has to sacrifice his life so that the other survives. If you are one of those and end up throwing the other person overboard and drowning him, jurisprudence law supports you and finds no fault in your act, said an advocate.

‘TEAM VISIT QUESTIONED’
Sources wondered whether there was any sense in the Central inspection team coming after water was directed to be released. Whether there was enough water to release was the essential question and it was necessary for the Central team to have ascertained the extent of water before the CRA directed Karnataka to release water, the sources said.

 

 

 

 

India yet to sign treaty with other countries on Cyber crime, says CBI special Judge

http://www.thehindu.com/sci-tech/internet/india-yet-to-sign-treaty-with-other-countries-on-cyber-crime-says-cbi-special-judge/article3968581.ece

PTI

A CBI judge on Friday said India is yet to sign a treaty with other countries to extradite accused involved in cyber crimes.

“Till date, we do not have a single treaty with any other country to extradite a cyber criminal to be brought to India,” CBI Special Judge, New Delhi, Talwant Singh said at a seminar.

He said the Indian Penal Code is applicable for a crime committed in India. “Our Cyber law simply says that if there is an incident in India and whether it was committed from any other country, he (the accused) is still a criminal in the eyes of the (Indian) law,” he said.

He said India has physical boundaries in terms of its geographic location with other countries, but there was no such ‘boundary’ in cyber world. “Our cyber boundary is not (yet) defined. We have to protect our cyber boundaries also.”

He said at the time of 26/11 terror attacks in Mumbai, there was no proper definition of cyber terrorism in India.

Terming cyber terrorism a “heinous crime”, he said, notification (from government) was still awaited for setting up an infrastructure to protect vital information on national security.

Referring to the Delhi Metro Rail project, he said it was run by computers and if it comes under cyber attack, who would be authorised to “turn it off?

“It remains unclear if response to cyber attack includes authority to shut down a computer network, even if it’s been taken over by a malicious cyber attacker with an intention to destroy it,” he said.

Laws, both at national and international level, were still struggling to catch up with cyber activities worldwide. “In most cases, laws have not kept pace with the technical ability of an adversary to move rapidly through national, academic, commercial and private internet service providers.”

In conventional military terms questions such as how strongly a country can respond to a cyber attack when one does not know who did it, from where they did it and their intention, are easier to answer “but not so in the cyber world,” he said.

 

 

 

Delhi court lets off 3 alleged LeT operatives

http://www.indianexpress.com/news/delhi-court-lets-off-3-alleged-let-operatives/1012611/

Agencies : New Delhi, Fri Oct 05 2012, 22:24 hrs

A Delhi court today acquitted three alleged LeT terrorists, including a Pakistani national, facing trial on charges of planning to disrupt celebrations being held here in 2007 to mark the 150th anniversary of the First War of Independence.

Additional Sessions Judge Savita Rao acquitted Mohammad Hasan alias Abu Qasim of Pakistan and Shafqat Iqbal Mir and Shabbir Ahmed of Doda in Jammu and Kashmir, saying the prosecution has failed to prove its charges against them.

The court, however, held Pakistani national guilty of enetring and staying in India illegally. He is to be sentenced next week.

The trio had been arrested in 2007 from outside a tourist destination here.

The police had claimed it had arrested them in April 2007 from outside Dilli Haat in south Delhi while they were exchanging bags of explosives.

All the three had been booked for waging war against the country under the Indian Penal Code and also under the Explosive Substances Act.

The prosecution had claimed the three had been asked to target the celebrations organised in the Capital to mark the 150th anniversary of the First War of Independence.

Their counsel M S Khan had argued the police could not prove that they were LeT operatives and were here to carry out strikes.

The court also noted that the investigating agency had failed to produce before it the hand grenades alleged to have been recovered from the trio.

Khan had also argued that the police had failed to prove its case that the trio were in touch with Abu Alqama, the LeT chief of operations in India.

 

 

 

 

High Court raps politicians for criticising it

http://ibnlive.in.com/news/high-court-raps-politicians-for-criticising-it/298050-60-116.html

Express News Service

Irked by the statements by politicians criticising the Kerala High Court over the toddy ban issue, the HC on Thursday came down heavily on political attacks on the court. Flaying Excise Minister K Babu for his comments, the court  asked, “if people can decide what they should do, why should there be laws?”

Following an HC order, the Excise Minister had reportedly stated that the people will decide what they should drink and not the court. “If people can decide what they should do, why should there be laws like compulsory wearing of helmets by two-wheeler riders? Why should there be licensing of sale of liquor if people can decide what they should drink?” the court observed.

Issuing the order, Justice Sirijagan said that even if the  sale of toddy cannot be prohibited, the least the governments can do is to ensure that only natural toddy tapped from the palm trees is sold by licensees. Instead of finding ways to remedy the situation, most politicians, irrespective of the colour of their flag, come out with a scathing attack on the court. 

The court made the observation while issuing an order acquitting Raju of Mavelikkara, who is convicted in abkari cases by Mavelikkara sessions court. 

 

 

 

 

 

Girl blames correspondent for injuries suffered in Kumbakonam school fire

http://timesofindia.indiatimes.com/city/madurai/Girl-blames-correspondent-for-injuries-suffered-in-Kumbakonam-school-fire/articleshow/16694200.cms

TNN | Oct 6, 2012, 07.19AM IST

THANJAVUR: A girl, who sustained injuries during the Kumbakonam fire tragedy in 2004, has blamed the school correspondent for her situation in the accident. She told this while deposing before the judge G Saravanan at the Thanjavur district sessions court here on Friday.

The girl, Divya, studying class 10, has been included as one of the 488 witnesses in the case. She was one of the 18 students injured in the fire accident. She was the second injured student who has blamed the school correspondent Palanisamy for her burn injuries.

During the hearing on Thursday, another student, Rahul Raghavan pointed fingers at the correspondent for forcing him and other students into a classroom where the fire engulfed on July 16, 2004 in Kumbakonam. In the accident, 94 children were killed and 18 students sustained burn injuries. However, the trial began on September 24 and will be held daily to complete the case in six months, as per a Supreme Court direction.

She was cross-examined by the government appointed special public prosecutor R Madhusudhanan as well as the counsels of all the 21 accused in the case on Friday. The girl was studying third standard in English medium when the accident occurred eight years ago.

“During the cross-examination, she said that the school correspondent forced her and other students to sit with the Tamil medium students in a congested classroom in the school, ahead of an inspection from the education department. As the fire broke out, the students could not escape due to a stampede. So, she sustained severe injuries,” R Madhusudhanan, public prosecutor told TOI.

Meanwhile, the cross-examination with Rahul Raghavan continued on Friday also. The counsels of all the accused interrogated him. The case has been adjourned for hearing to October 8, he added.

Madhusudhanan also said that A Kowsalya and B Vijay, who sustained severe burn injuries were summoned to appear in the court on Monday. He would conduct cross-examination with students.

It may be recalled that on a petition filed by the counsels of the Kowsalya and Vijay, the Madras high court on Wednesday directed the Apollo Hospitals in Chennai to perform plastic surgery for them and also directed the government to reimburse the medical expenses to the students.

 

 

 

 

SC notice to state home secretary

http://timesofindia.indiatimes.com/city/nagpur/SC-notice-to-state-home-secretary/articleshow/16689862.cms

Vaibhav Ganjapure, TNN | Oct 5, 2012, 10.46PM IST

NAGPUR: The Supreme Court of India served notices to Maharashtra Home Secretary and Sachin Sardeshpande of PS Lubricants in Chandrapur, in response to the Special Leave Petition (SLP) filed by Naushad Contractor, partner of the firm Nam International here. The petitioner had challenged the reduction in sentence by Nagpur Bench of Bombay High Court to Sardeshpande in a cheque bouncing case. The SLP was listed before a division bench comprising justices KS Radhakrishnan and Dipak Misra.

The sessions court had awarded him simple imprisonment for three months and slapped fine of Rs 20,000. But high court turned it into “till the rising of the court” while maintaining fine of Rs 20,000 along with additional fine of Rs 3,000. The amount of cheque bounced is Rs 10,000.

The petitioner sought restoration of Sardeshpande’s sentence as awarded by the session court. He pointed out that the high court’s order do not serve as deterrent to the accused and are the root cause of pendency of such cases under Section 138 of the Negotiable Instruments Act.

He argued that all this sends a wrong signal that even if the accused face trial and remain burden on the judiciary for a number of years — 12 years in this case, they manage to escape lightly by only paying fine even if convicted. Sudhir Voditel appeared for the petitioner.

 

 

 

 

Terror accused’s trial adjourned to October 17

http://timesofindia.indiatimes.com/city/nashik/Terror-accuseds-trial-adjourned-to-October-17/articleshow/16693705.cms

Santosh Sonawane, TNN | Oct 6, 2012, 06.14AM IST

NASHIK: The sessions court on Friday adjourned the trials of Lalbaba Farid alias Bilal and Himayat Baig, to October 17 for further examination of the chief complainant, PI Sukhlal Varpe.

Special public prosecutor Ajay Misar said that 19 articles were produced before the court on Friday, which includes a four-page information brochure of the banned outfit Lashkar-e-Toiba (LeT), 22 pages of information on making improvised explosive devises, information on chemicals used for explosive materials, apart from a pen drive, memory card, a photograph of the entrance of the Maharashtra Police Academy. Misar added that during the past three days of the trial, PI Varpe told the court how he got information about Bilal and Baig on September 7, 2010, when he and his team were in Nashik for another case. He also gave details about the subsequent arrest of Bilal from the Ashok Nagar area of Satpur.

While in Nashik, PI Varpe got a call from additional commissioner of police Sukhwinder Singh informing him about the confidential information of LeT members Bilal and Baig, who had training in explosives as well as weapon handling.On the same day, Varpe contacted the Nashik ATS and launched a hunt for the two in Satpur and arrested Bilal by laying a trap near a cyber-cafe there.

When Bilal was intercepted, he asked the ATS officers to reveal their identity and after he was shown the same, he attempted to flee but was nabbed in front of two witnesses. While frisking him the police found a pan card on him with the name Sutar Munir Iqbal, three passport size photographs of him, a photograph of another person, a muster card with the name Amir Parikh of a company and other things. Meanwhile during Friday’s trial, Misar also produced two CDs received from the forensic science laboratory.

Misar said he has a list of as many as 165 witnesses who would be examined during the hearing.

 

 

 

 

Court grants anticipatory bail to promoter

http://timesofindia.indiatimes.com/city/mumbai/Court-grants-anticipatory-bail-to-promoter/articleshow/16688592.cms

Rebecca Samervel, TNN | Oct 5, 2012, 09.21PM IST

MUMBAI: A sessions court on Thursday granted anticipatory bail to one of the chief promoters of Swami Samarth Developers, Vinod Mahajan(62) in an environment related case.

The Oshiwara police had registered a case against Mahajan for allegedly destroying the natural habitat during the redevelopment of a land.

The bail was granted on the cash surety of Rs 20,000. In the anticipatory bail application Mahajan said that he had sought all the necessary permissions from the concerned departments including the Ministry of Environment and Forest Department (MoEF). The complaint was lodged by an officer of the Tehisildar office, Marol.

In his complaint, the officer stated that he had received orders from the Tehisildar’s office to inspect a plot in Oshiwara, measuring 7747.1 sq meters. He alleged that during the inspection he found that if the development continued in the area, mangroves would be destroyed. The Tehisildar’s office then lodged a complaint against the developers and the chief promoter of the land.

 

 

 

 

Death for five of a family for “honour killing”

http://www.thehindu.com/news/cities/Delhi/death-for-five-of-a-family-for-honour-killing/article3969661.ece

Staff Reporter

Five members of a family were sentenced to death by a sessions court here on Friday for the June 2010 “honour killing” of a young couple belonging to different castes. Yogesh, 20, a Dalit, and the girl, Asha, 19, were planning to get married when they were mercilessly beaten up and electrocuted.

Additional Sessions Judge Ramesh Kumar said the “savage nature” of the crime fell in the category of “rarest of rare cases.” Those convicted were Asha’s parents, Suraj and Maya, uncle Om Prakash, his wife Khushboo and Asha’s cousin Sanjeev.

Third case

This is the third case in which the death penalty has been awarded by a sessions court in Delhi since May last year when the Supreme Court said that “honour killings” fell in the “rarest of rare” category deserving capital punishment.

“Keeping in view the medical evidence and the state in which the bodies of the deceased were found, it is obvious that the most heinous type of murders were committed…. Both the deceased were electrocuted…. The offence was not only inhuman and barbaric but the savage nature of the crime has shocked the judicial conscience…. Coldblooded, brutal murders through electrocution have been committed even as there was no provocation on behalf of the victims, making it the rarest of rare cases which calls for no punishment other than capital punishment,” said the Judge.

The court rejected the leniency plea of the convicts, who said they belonged to a poor family and had minor children to look after.

Cannot be overlooked

The manner in which the offence was committed could not be overlooked, said the Judge.

“Just like a flower has got its own unique fragrance, colour and appearance, both victims had their own plans for life that lay ahead.

It is clear from the evidence that both victims intended to marry but all the convicts snatched their lives prior to fulfilment of their dreams,” the judgment said.

According to the prosecution, a few days before the incident, Asha had told her mother of her love for Yogesh and their wish to get married.

 

 

 

Court awards 4 months jail term for assaulting a man

http://www.indianexpress.com/news/court-awards-4-months-jail-term-for-assaulting-a-man/1012433/0

Agencies : New Delhi, Fri Oct 05 2012, 16:23 hrs

A Delhi court has sentenced a man to four months in jail for assaulting a person due to which he lost his front upper teeth permanently.

Additional Sessions Judge (ASJ) Anju Bajaj Chandna jailed convict Lokesh Kumar, upholding a magisterial court’s order which had held him guilty of inflicting grievous and “permanent” injury to the victim.

“I do not find any illegality or infirmity with the order of the magistrate and therefore find no ground to interfere with the same. The conviction of accused is upheld.

“I am of the opinion that the magistrate has already taken lenient view by sending the appellant to imprisonment for only four months. I find no justification as permanent injury had resulted to the complainant due to the act of the appellant. The sentence is also upheld,” the court said.

“Appellant (Kumar) is taken into custody to serve the sentence period,” it said.

Kumar had moved the sessions court against a July 2012 order of the magisterial court which had sentenced him for voluntarily causing grievous hurt to complainant Deena Nath. It had also imposed a cost of Rs 2,000 on the convict.

Kumar was arrested on Nath’s complaint to the police that he was assaulted by Kumar in a North Delhi area while he was returning home with his family in a car in May last year.

The ASJ also noted that no material is brought on record to show that the accused and complainant were involved in any kind of previous enmity with each other.

“The complainant being the most important witness has not been challenged and rebutted with respect to his testimony,” the judge observed while upholding the jail term awarded to Kumar.

 

 

 

 

Amravati Municipal Corporation not to open abattoir till next week

http://timesofindia.indiatimes.com/city/nagpur/Amravati-Municipal-Corporation-not-to-open-abattoir-till-next-week/articleshow/16691318.cms

TNN | Oct 6, 2012, 01.09AM IST

NAGPUR: The Amravati Municipal Corporation ( AMC) on Friday informed the high court that it will not open its modern slaughter house till next Wednesday.

AMC’s reply came during the hearing on a petition filed by Gorakshan Sanstha and ten other religious organizations which vehemently opposed the opening of the abattoir on Walgaon Road in the city.

A division bench comprising justices Pratap Hardas and Ashok Bhangale admitted the PIL for final hearing which is scheduled on Wednesday. According to the petitioners, Amravati city has got many religious places and temples including famous Amba Devi and therefore opening of an abattoir shouldn’t be permitted at the place.

 

 

 

 

HC orders status quo on BG works

http://ibnlive.in.com/news/hc-orders-status-quo-on-bg-works/298069-60-115.html

Express News Service

The Karnataka High Court on Thursday ordered status quo in connection with the works on broad gauge track between Bangalore and Hassan, and adjourned the case for a week.

Justice Anand Byra Reddy passed the order after hearing a PIL filed by one Srinivas and others, alleging that the state government altered the original plan, allegedly to avoid acquisition of businessman Vijay Mallya’s land.

The petitioners said the government initiated steps in 2008 to give compensation based on a notification issued in 2007, but it changed the original plan in August 2011. As per the original plan, 12 acres would have been acquired from a stud farm near Kunigal owned by Mallya, they said.

 

 

 

The apex court directive
– Hueiyen Lanpao Editorial :: October 06, 2012 –

http://e-pao.net/epSubPageExtractor.asp?src=news_section.editorial.editorial_2012.The_apex_court_directive_HL_20121006

On Wednesday, Supreme Court of India directed the Centre and the State Governments to ensure basic infrastructures including sufficient classrooms, appointment of teaching and non-teaching staff and facilities for drinking water and separate toilets for boys and girls in all schools, whether State-owned or private, aided or unaided, minority or non-minority, located across the country within six months.

Issuing the directive, a bench of the apex court comprising Justice KS Radhakrishan and Justice Dipak Misra also asked the State Governments to honour all its previous directives pertaining to providing necessary infrastructure in schools within the timeframe fixed by it.

The latest directive of the apex court has come while disposing of a Public Interest Litigation (PIL) dating back to 2004.

In 2004, Environmental and Consumer Protection Foundation, an NGO, had filed a PIL seeking basic facilities in schools and improvement of school conditions.

Consequently, on October 11, 2011, the Supreme Court issued a similar directive to all the States and Union Territories.

But most of the States and the Union Territories sought further time for implementation of the directive.

So, in a way, the latest directive of the Supreme Court is like a reminder over what the Centre and the State Governments are expected to do towards ensuring success of the goal of ‘universalization of education’ to all in the state.

Nonetheless, the latest directive has scored a point when the apex court made it clear that in case of failure to comply with the directive, the petitioner could file contempt petition and invite court contempt.

The significant of the court directive is such that although the Government of India has enacted the Right of Children to Free and Compulsory Education Act or simply Right to Education (RTE) Act, in 2009, to ensure free and compulsory education as a fundamental right to all children in the age group of 6 to 14, enjoyment of this right could not be possible unless the required basic infrastructure is provided in all schools.

During the hearing of the petition, the apex court had sought a report from the National University of Education Planning and Administration which conducted a survey in 2010.

Predictably, the report revealed a grim picture of the education scenario in the country, more particularly in the aided and government run-schools.

Without going into the details of the report with reference to education scenario in Manipur, the news report on the existing condition of the government schools in Jiribam sub-division of Imphal East district, which we carried on the front page of this paper with a ‘disturbing’ photograph of a dilapidated building that passes off as school building on the same day the Supreme Court came up with its directive would suffice to give an idea about how far the fundamental right of the children to free and compulsory education has been able to ensure in Manipur.

Even though the news report was related to Jiribam sub-division, the condition of other government schools in rest of the state is just the same without any degree of difference.

One may have to just change the name of the school and it would fit the bill exactly.

Thus, the state government has a daunting task ahead towards ensuring free and compulsory education to all its children and the time to act is now. Or wait for six months to face the court contempt. The government has to make the choice.

 

 

 

 

 

Probe foreign funding to 2 associations, demands activist

http://timesofindia.indiatimes.com/city/bhopal/Probe-foreign-funding-to-2-associations-demands-activist/articleshow/16691565.cms

P Naveen, TNN | Oct 6, 2012, 01.44AM IST

BHOPAL: Ajay Dubey— the Supreme Court petitioner behind the ban on tourism in core areas of tiger reserves, has filed a complaint with the state police, chief secretary and enforcement directorate (ED) seeking investigation into alleged foreign funding to the two MP based associations – Guide Association of Madhya Pradesh and the Kanha Lodge Association – that has made interventions against his PIL.

According to the complaint, these two associations have received funds from Travel Operators for Tigers (TOFT), which had collected funds from 20 international tour operators based in UK and Netherland.

Dubey has enclosed an alleged screen shot of TOFT’s webpage with his complaint which reads “A request from TOFT to help fund legal counsels to advocate for a lifting of the Tiger tourism ban and more participatory Ecotourism Guidelines, engendered an instant response from over 20 of the world best known Tour Operators, all contributing funds to the target, which was almost achieved in 24 hours. Chairman, Julian Matthews, was staggered by the response and said the funds would be used to support the interventions of the Guide Association of Madhya Pradesh and the Kanha Lodge Association on the next sitting of the Supreme Court on the 22nd August 2012 and any subsequent legal needs”.

“Why are so much of funds being put up against my petition by foreign operators? I want the police to investigate appropriate source of funding and check if legal norms for foreign transactions were followed,” says Dubey. Isn’t it surprising that 20 companies transferred funds to TOFT – as it claims on its portal – within 24 hours? he asked.

The list of funding agencies was posted on TOFT’s portal three days ago and today it suddenly disappeared, said Dubey adding, this act itself creates doubt.

According to Dubey, the companies which donated funds to TOFT includes Thika Travel (Netherlands), Far Frontiers (UK), Original Travel (UK), Scott Dunn (UK), Natural World Safaris (UK), Ultimate Travel Company (UK), Classic Journeys ( UK), Explore Worldwide (UK), Greaves Travel (UK), Cox and Kings UK and India, Taj & Tigers (UK), SNP ( Netherlands), Nature Encounters – Canada, Transindus (UK), Wildlands (USA), Luxury trips (USA), On the Go Tours (UK), Fox Vakanties (Netherlands), Aventyrsresor (Sweden), Audley Travel (UK), Steppes Discovery (UK), Polar Quest ( Sweden), Nature Focus Safaris (Australia) and Abercrombie & Kent – UK.

The TOFT official remained unavailable for his comment. Next hearing of PIL in Supreme Court will be on October 9.

 

 

 

 

Plea to remove Sitabuldi encroachments dismissed

http://timesofindia.indiatimes.com/city/nagpur/Plea-to-remove-Sitabuldi-encroachments-dismissed/articleshow/16691336.cms

Vaibhav Ganjapure, TNN | Oct 6, 2012, 01.10AM IST

NAGPUR: The high court dismissed a plea by the Sitabuldi residents seeking action against the encroachments on the footpath in the busy market area, especially around Regal talkies.

The residents had filed a letter before the court highlighting the issue. The court then took cognisance of the letter and treated it as public interest litigation (PIL). The PIL was listed for hearing on Friday before a division bench comprising Justices Pratap Hardas and Ashok Bhangale. However, it was dismissed as petitioners – Chandrakant Jumle and others – failed to appear as directed during the last hearing. Interestingly, some petitioners turned up but they told the court that the signatures on the letter were not theirs. The court then dismissed the plea on this ground.

The petitioners, all residents of Ward No. 80, informed in their letter posted on January 10 last year, that the footpath meant for pedestrians in front of Regal gate has been encroached by goggle and belt sellers. They alleged that the police, NMC officials, traffic cops and even the local corporators are hand in glove with them.

They stated that these footpaths were made for the pedestrians in 2001 during T Chandrashekhar’s tenure but the encroachers from Variety Square to Loha Pul have grabbed it completely and have set up shops and placed generators or mannequins on them. They had sought removal of encroachments from the entire area for the convenience of visitors and those in the nearby residences.

 

 

 

 

The case of Sirsi�Agara signal-free corridor: lessons and sign of hope

http://www.dnaindia.com/bangalore/report_the-case-of-sirsiagara-signal-free-corridor-lessons-and-sign-of-hope_1749434

Published: Saturday, Oct 6, 2012, 9:30 IST
By Merlin Francis | Place: Bangalore | Agency: DNA

 Although residents cried foul over the BDA’s attempts to divide Koramangala with a signal free corridor, despite the obvious lack of scientific planning in the project, most of their cries fell on deaf ears. But they protested, filed a PIL, met the CM, kept watch over the few trees that remained standing on Sarjapur Road and made sure their voices were heeded.

A year after the residents protested, the court mandated committee has seen sense in what they said in September 2011. In its opening sentence, the report said, “The committee noticed that the previous proposals emanated from very little or without any public consultation.” The committee, therefore held a meeting with as many stakeholders to finally come to the conclusion that there were better alternatives to the Sirsi-Agara signal free corridor.

The case of the Sirsi-Agara signal free corridor is a lesson for both civic authorities as well as citizens, according to those involved in the developments and those watching it closely too.

As Vijayan Menon, a resident of Koramangala and a front runner in the protests puts it, “A lot of bad blood, expenditure and the loss of trees could have been avoided if there was public consultation at the beginning.”

He believes that while there is a lot of talk about citizen participation, the case of Sirsi-Agara SFC will be one that citizens can directly relate to.

Nithin Sheshadri, another resident of the Kormangala, petitioner in the PIL who also acted as one of the voices of the citizens says, “The Sirsi-Agara signal free corridor shows that citizens voices can be heard and we should forget the apathy and get involved in issues that affect us.” He adds that the work put over the last one year was completely worth the effort. “The community would have been badly affected by the project,” he adds.

“It is time that the civic authorities realised that they can no longer do whatever they want to,” says Ashwin Mahesh, member ABIDe.

“Authorities will have to design systems that work on the ground and can also give value to the citizens,” he says. He predicts that soon there will be a change in the dealings of civic authorities when it comes to development projects as more of those in governance realise this.

The committee report is a welcome change to the approach that government has towards the city, says Rajeev Chandrashekar, MP and founder of Namma Bengaluru Foundation that supported the petitioners in their PIL.

“There is hope that this more approach of involving citizens in decisions about their neighbourhoods will usher in more transparency in how public money is spent on urban infrastructure projects. The real duty of the government is to resolve the problems of citizens through a citizen-oriented approach that includes citizen participation which will also usher in more transparency with regard to how public money is utilised,” he says, adding that the report reflected a significant and positive change in this direction.

Vijayan Menon adds that civic authorities should learn to see the development as a win-win situation. “It is always a win win situation when there is public participation,” he says, as it brings out effective solutions and alternatives to a single problem, which in turn, raises the question of BBMP’s competency when it came to infrastructure projects. “Not all in the BDA and BBMP are capable of planning infrastructure projects for the city. In these cases, both citizen participation as well as getting expert opinion during the ideation stages of the project will be of help,” he says.

What now?
The report, which is currently with the UDD will be submitted to the chief minister who will take a call on whether to accept or reject the committee’s recommendations. If it is not accepted, the citizen will file a fresh PIL.

“We are not going to wash our hands saying the problem is now on Hosur Road,” says Vijayan Menon.

“Our first priority is to restore Sarjapur Road to what it was before and this includes the trees. But we will also be working with the BBMP on the changes on Hosur Road and make sure these are done scientifically. We believe that we can do something without land acquisition. Land acquisition and cutting trees should be the last option,” he says.

Implement existing laws, pass pending bills, follow committee reports the Kasturirangan report, the Bangalore Metropolitan Regional Governance Bill and the Community Participation Act- if they had been accepted, passed and implemented in the right earnest- could have prevented scenes of the last one year. It is time that the government and civic authorities do so, believing in the power or citizen participation and not because JnNURM mandates it, says Ashwin Mahesh.

 

 

 

 

Form cell to check snatching cases, court directs DGP

http://timesofindia.indiatimes.com/city/allahabad/Form-cell-to-check-snatching-cases-court-directs-DGP/articleshow/16693294.cms

TNN | Oct 6, 2012, 05.20AM IST

ALLAHABAD: On a PIL seeking direction of the court in respect of snatching of valuable articles from the passengers in buses and trains by thugs, the Allahabad High Court has directed Uttar Pradesh DGP to constitute a cell of police to prevent such incidents.

The order was passed by acting Chief Justice Amitava Lala and Justice PKS Baghel on a PIL filed by Krishna Prabhakar Upadhaya.

Passing the order, the bench directed to identify places where such incidents are committed and submit a report to the court by October 11.

The court also directed that cell would take into account the places of such type of activities and further that railway authority may also send its representatives. In the report, it has to be explained about action taken against such persons and for protection of passengers in trains and buses.

 

 

 

Court raps Ghaziabad administration for water bodies

http://twocircles.net/2012oct05/court_raps_ghaziabad_administration_water_bodies.html

Submitted by admin4 on 5 October 2012 – 8:49pm

India News

By IANS,

Ghaziabad : Acting on large-scale encroachment of ponds and water bodies, the Allahabad High Court has directed the Ghaziabad administration to submit a report on the status of water bodies in the district.

The high court directed the district magistrate to present facts about the number of ponds that have been filled up or have been consumed under construction and also ponds that are remaining.

The court, on a PIL, has also directed the administration to stop land grabbing of ponds and has stayed any further construction on them.

The court passed the interim order on a PIL filed by social activist Rajendra Tyagi, who claimed that the water bodies of the district were fast vanishing due to uncontrolled construction and grabbing of ponds by land sharks in connivance with officials.

According to Tyagi, 82 of the 123 ponds in the Ghaziabad Development Authority (GDA) Master Plan 2021 area have completely vanished.

Tyagi claimed before the court that of the 20 lakh square yards of ponds in the district, 15 lank square yards has been usurped. The market value of this land is about Rs.1,500 crore.

“The Nagar Nigam area has 123 ponds whereas the revenue records of 1952 show more than 147 water bodies. Even the remaining ones are facing high degrees of pollution ,” Tyagi, a four-time municipal councillor, said.

“Several villages like Kaila, Bonjha, Jatwara, Rajapur, Sadarpur, Sihani, Morta, Nayfal and Bamheta had ponds which have been entirely consumed by the GDA in its own schemes whereas they have been enumerated in the revenue records,” he said.

“Several SC orders in this context have been brazenly ignored by the administration… The administration even prepared forged reports and submitted fake compliance reports about the status of water bodies to the state government,” Tyagi claimed.

 

 

 

 

Death on trek: Show us government policy, says court

http://timesofindia.indiatimes.com/city/mumbai/Death-on-trek-Show-us-government-policy-says-court/articleshow/16691833.cms

Rosy Sequeira, TNN | Oct 6, 2012, 02.27AM IST

MUMBAI: The Bombay high court, while hearing a public interest litigation on Friday, directed the state government to reply whether it has a policy to regulate holiday camps.

A division bench of Justices A M Khanwilkar and V K Tahilramani was hearing a PIL filed by Mulund couple Anil and Sunita Mahajan, whose son Harshal died on May 30, 2006 while he was on a trek-cum-adventure trip to Kulu-Manali conducted by a private operator. Harshal had just given his Class X exams.

According to the petition, the tour was conducted by Sahyadri Adventure Foundation, which distributed pamphlets for a trek to the Mantalai Lake, located at an altitude of 4,047 m above sea level. Harshal joined other participants in Pune on May 23, 2006 and from there reached Delhi the following day.

After reaching Delhi, in less than 24 hours the group left for the Manikaran base camp and arrived there on May 25, 2006. The trek began on May 26, 2006. The petition said the group got no time to adjust to the atmosphere before the trek. On May 30, 2006 the Mahajans received a message around 5.30pm that Harshal was serious and within a few hours were informed that he had died. The group leader said Harshal died due to scarcity of oxygen.

The consumer court in November 2009 awarded the family Rs 2 lakh as compensation. The Mahajans have appealed against the order before the state commission.

The Mahajans’ advocate Uday Warunjikar argued that there is no control over hobby and adventure camps organized during the vacations. He said the parents were making representations to the authorities to look for government policies regulating or controlling such camps and activities but had received no response.

“We unfortunately lost our only son. We want to save other children,” Warunjikar said on behalf of the couple.

Additional government pleader Nitin Deshpande submitted that if the Mahajans want the policy, they “must approach the concerned department under the Right to Information (Act)”.

The judges reminded him that this is a PIL and not an “adversarial” litigation. Directing the government to file its reply, the judges posted the next hearing to November 30.

 

 

 

 

 

PIL against movement of heavy vehicles in Bandipur Tiger reserve

http://timesofindia.indiatimes.com/city/bangalore/PIL-against-movement-of-heavy-vehicles-in-Bandipur-Tiger-reserve/articleshow/16686804.cms

TNN | Oct 5, 2012, 07.19PM IST

BANGALORE: A public interest litigation (PIL) has been filed before the Karnataka high court seeking for a direction to the State and Central Government for banning movement of heavy vehicles along National Highway 212 in Bandipur forest which is a tiger reserve.

Bangalore based advocate G R Mohan has filed this PIL citing reports about death of animals in Bandipur Forest due to speeding vehicles travelling on this route. “Bandipur is also Centre for Tiger Reserve and at present there are about 85 tigers in reserve forest .The authorities have failed to check illegal movement of vehicles.

In the recent past over 100 animals have been killed in the 17 Kilometre stretch of Bandipur Forest on National Highway 212 by speeding vehicles. There are several endangered species of animals have been killed like Elephants (Six ), Tigers (Two), Leopards (Two )and more than 20 spotted deers” the petitioner has said.

He has further claimed that despite various orders passed by the high court as well as the Supreme Court the authorities are not showing any concern towards the safety of these animals in the forests that may be killed either by the speeding vehicles, poaching etc.

He had also cited the earlier order passed by the high court in the same issue wherein NHAI was directed to take all measures to bring down traffic density and speed and the State Government to ban movement of vehicles between 8pm to 6am.

“That order is being violated by the trucks who use the Mysore Route to go to Kerala have started taking short cut route through the Bandipur Forest/National Park ” he has said. The PIL will be taken up for hearing by a division bench headed by the Chief Justice of Karnataka high court later this month.

 

 

 

 

PIL seeks probe, coal blocks deallocation

http://dailypioneer.com/nation/99418-pil-seeks-probe-coal-blocks-deallocation.html

Friday, 05 October 2012 13:55

Pioneer News Service | New Delhi

A host of eminent citizens on Thursday filed a PIL in the Supreme Court seeking an independent probe into the allocation of coal blocks since 1993 and demanding the quashing of the allocations.

With the court already seized of another petition in this regard, the fresh plea highlighted the need for a court-monitored probe as the present CBI investigation was a sham.

The petition filed by NGO Common Cause has among other petitioners former CEC N Gopalaswami, former Naval chief Admiral L Ramdas and former Cabinet Secretary TSR Subramanian.

The petition filed by advocate Prashant Bhushan stated, “The instant petition seeks a cancellation of the entire allocation of captive coal blocks to private companies from 1993 and also seeks a thorough investigation by a special investigation team.”

Commenting on the investigation so far, it said, “The show-cause notices issued by the Government (just as in the 2G case) to a few companies are a sham since they obfuscate the real issue that the allocation was per-se illegal. The current CBI investigation only focuses on the misrepresentations made by a select few companies rather than the allocation process itself.”

According to the petitioners, the involvement of senior Ministers, public servants, different departments of the Centre and concerned State Governments, alleged corruption and bribery by beneficiary companies required a high-level probe. “Considering the magnitude of investigation and possibility of involvement of high public offices, including PMO, and the fact that the CBI functions under the same very Government it is supposed to investigate, a court-monitored investigation by an SIT is required to ensure proper investigation into the matter,” the petition said.

Making the CBI as even the CVC and Enforcement Directorate as party in the petition, the petitioners noted the earlier order of September 14 when an apex bench while dealing with a PIL filed by advocate ML Sharma directed the Centre to file its response on a set of seven questions.

The court wished to know whether the Centre had framed any guidelines for allocation of the 194 coal blocks, what was the procedure adopted for allocation, did the guidelines contain in-built mechanism to ensure allocation does not yield to largesse getting unfairly distributed to a few private companies alone, and whether the guidelines so framed were followed and if so, the procedure adopted was such that aided in realisation of the objectives of the allocation policy.

 

 

 

 

Court halts noisy work on neighbour’s plea

http://timesofindia.indiatimes.com/city/delhi/Court-halts-noisy-work-on-neighbours-plea/articleshow/16693434.cms

Smriti Singh, TNN | Oct 6, 2012, 05.39AM IST

NEW DELHI: The next time you think of getting some construction done in your house, you might just need to check with your neighbour about the “noise pollution” it can cause.

In an unprecedented order, a trial court recently restrained a woman from carrying out any construction work inside her house that would cause probable “noise pollution” in the area after her neighbour moved the court alleging that the constant hammering caused her “mental agony”.

In an interim order, metropolitan magistrate Dinesh Kumar directed the owner of the house at Prithviraj road to stop using the construction equipment which cause noise pollution till the next date of the hearing in the case.

“The defandants are hereby restrained from using the construction equipments which are causing noise pollution to disturb the plaintiff (complainant) till the next date of hearing,” the court said.

The court also asked the owner of the house, where the construction is going on, to appear on October 19, 2012 while noting that a “prima facie case” was made in favour of the woman, who has complained of serious noise pollution and granted her an interim injunction.

“On the basis of the material on record, I am of the opinion that in the present case prima facie it appears that the plaintiff is suffering severely because of the alleged noise pollution. Prima facie case is made out in her favour. I am also of the opinion that the object of granting the injunction would be defeated by the delay, if at this stage, ad-interim ex parte injunction is not granted,” the court said.

The complainant had moved the court seeking an end to the construction work that was going on in the neighbouring house. In her complaint, she alleged that she had developed illness due to the noise and the wall of her house was developing cracks due to the construction work.

The woman also alleged that her neighbour carried out the work without taking adequate precautions to control noise pollution. She claimed the constant hammering caused her extreme mental agony and physical pain. “The complainant has several illnesses due to the continuous noise pollution and she made several complaints but nothing stopped the defandants to stop carrying out the work,” the woman’s counsel told the court.

Despite several complaints to the police, no action was taken to stop the work, she claimed. The woman also submitted her medical diagnosis report to prove that she had developed illness due to the construction work. After going through the documents, the court said that on the face of the complaint, a case was made out and asked the house owner to appear.

 

 

 

 

lea in HC against bus fare hike

http://ibnlive.in.com/news/plea-in-hc-against-bus-fare-hike/298096-60-122.html

Express News Service

A petition has been filed before the Kerala High Court requesting the court to issue a direction to the state government not to revise the bus fare, based on the recommendations by the fare revision committee.

 The writ petition was filed by C R Damodaran Nair of Muvattupuzha, under Article 226 of the Constitution, against the state of Kerala, the Secretary of the Transport Department, the Transport Commissioner and the chairman of the fare revision committee.

The petitioner, pointed out that the government has already announced that fare revision will come into effect effective from October 10.

 

 

 

 

Supreme Court rejects Kerala’s plea on Mullaperiyar

http://timesofindia.indiatimes.com/india/Supreme-Court-rejects-Keralas-plea-on-Mullaperiyar/articleshow/16690356.cms

IANS | Oct 5, 2012, 11.24PM IST

NEW DELHI: The Supreme Court on Friday rejected the Kerala government’s plea to bring on record new data to counter an expert’s committee report that the Mullaperiyar dam structure was safe.

An apex court constitution bench headed by Justice DK Jain, while disallowing Kerala’s plea, said that this would make it an endless exercise.

“It becomes an endless process. This is not an exercise done by an ad hoc committee sitting in a drawing room,” said Justice RM Lodha.

He further said the members of expert committee visited the Mullaperiyar dam site and a former chief justice of India had represented Kerala.

“The committee had your nominee and experts from both sides. Tomorrow you will say to call experts from UK, Spain or Japan. We cannot permit this.”

“It could be that the expert committee letter may not be perfect. But issue of data could not be reopened as things cannot move that way,” the court said.

While directing the matter be listed November 5, the court permitted both Kerala and Tamil Nadu to exchange their responses to the Justice Anand committee report on the basis of documents already on record.

The court barred both the states from bringing on record any new material.

The Justice Anand committee, set up in February 2010, was mandated to study all aspects of the 119-year-old dam including its safety. The committee submitted its report to the apex court in April.

Both Tamil Nadu and Kerala are at loggerhead over the dam. Kerala had in 2010 had advocated dismantling of the dam, holding that its structure was not safe, while Tamil Nadu opposed it.

The Tamil Nadu government is managing the dam ever since its inception. Tamil Nadu, while holding that there was no threat to the structure of the dam, is seeking to increase its water level from the existing 132 ft to 136 ft

It was to resolve this imbroglio between Kerala and Tamil Nadu that the Justice Anand committee was set up to go into the safety aspect of the dam.

 

 

 

Kin of road mishap victim gets Rs 13.32 lakh compensation

http://www.business-standard.com/generalnews/news/kinroad-mishap-victim-gets-rs-1332-lakh-compensation/64941/

Press Trust of India / New Delhi October 05, 2012, 21:05

The family of a 35-year-old man, who was killed in a road mishap, has been awarded Rs 13.32 lakhs as compensation by a motor accident claims tribunal (MACT) here.

MACT Presiding Officer Arun Bhardwaj ordered United India Insurance Co Ltd, with which the offending vehicle was insured, to pay the sum.

“Total compensation payable to the petitioners would be Rs 13,32,672… Insurance company has not proved any defence. Therefore, compensation is to be paid by insurance company within 30 days,” the tribunal said.

The tribunal awarded the compensation on a petition filed by the wife, children and parents of the late Pandian Raj Kumar, an electronic shop owner.

Kumar’s kin had told the tribunal that on March 1, 2010, a rashly driven Jeep had hit the victim’s car on a road near Kothari in Uttarakhand.

They had said that as a result of the accident the victim had died while several other fellow passengers in the car were seriously injured.

The court awarded the compensation by relying on an eye-witness’ testimony, which remained unquestioned as the driver and the owner of the vehicle had not appeared before the court.

 

 

 

SAT asks Sebi to complete probe

http://www.indianexpress.com/news/sat-asks-sebi-to-complete-probe/1012522/0

Agencies : New Delhi, Sat Oct 06 2012, 20:42 hrs

The Securities Appellate Tribunal on Friday asked Sebi to complete its probe related to alleged irregularities committed by merchant banker D&A Financial Services and its director related to Brooks Laboratories IPO by November 30, the date given by the market regulator.

In its order, the tribunal said Sebi’s interim-order restraining the two entities from securities market would be vacated if the regulator does not complete the investigation by November 30.

“… we dispose of the appeal with a direction to the Board (Sebi) to complete the investigation, qua the appellants (D&A Financial Services and Dinesh R Kaushik), by November 30, 2012,” SAT said.

“In case the investigation is not completed by that date, interim order qua the appellants shall stand vacated,” it added.

According to the tribunal, the Sebi’s senior counsel had “very fairly stated before us that the board will complete its investigation qua the appellants by November 30, 2012 and if need be, take further action within a month thereafter”.

The tribunal also observed that as the case was still under investigation it was not inclined to intervene in the matter at this stage.

Sebi, in December 2011, had restrained D&A Financial Services and its director Dinesh R Kaushik from taking up any new assignment or involve themselves in any new public offer in the securities market till further directions.

The two entities allegedly did not comply with disclosure norms in the case of initial public offering of Brooks Laboratories.

Following the interim order by Sebi, the two entities were granted a personal hearing in February 2012.

Later, the two entities approached the tribunal alleging that Sebi has not passed any order subsequent to the final hearing and were been deprived of continuing their business although no evidence was found against them to prove the charges.

Sebi had confirmed the interim order against the two entities on September 5.

 

 

 

 

Tribunal upholds Sebi order on Pyramid Saimira directors

http://business-standard.com/india/news/tribunal-upholds-sebi-orderpyramid-saimira-directors/488705/

BS Reporter / Chennai Oct 06, 2012, 00:30 IST

The Securities Appellate Tribunal (SAT), Mumbai, has dismissed an appeal by four directors of Pyramid Saimira Theatre against the order of Securities and Exchange Board of India (Sebi) restricting their market access and imposing penalities for violation of Sebi laws.

The appeal was filed by N Narayanan, K Natarajan, K S Kashiraman and G Ramakrishanan, who were directors of Pyramid Saimira Theatre, which engaged in the business of film distribution and running of cinema theatres.

 Sebi said the parties were found guilty of violating regulations three and four of the Sebi(Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003.

It was alleged the annual financial results of the company for 2007-08 reported to the stock exchanges contained inflated figures of revenue, profits, security deposits and receivables, all relied upon by investors for making investment decisions.

While the appellants argued they were either providing their expertise in one field, or were independent directors, SAT said: “With the changing scenario in the corporate world, the concept of corporate responsibilities is also rapidly changing. The director of a company cannot confine himself to lending his name to the company but taking light responsibility for its day-to-day management.”

It added, “While functions may be delegated to professionals, the duty of care, diligence, verification of critical points by directors cannot be abdicated. The directors are expected to have a hands-on approach in the running of the company, and take up responsibility not only for the achievements of the company but also the failings thereto.”

Commenting the appellants have employed a device to defraud investors dealing in securities, and have also perpetrated fraud, the SAT order said: “In view of the discussion above, we uphold the impugned orders by which restraint orders have been passed against the appellants, and also monetary penalty has been imposed. Appeals dismissed. No costs.”

Earlier, Sebi had restrained N Narayanan and V Natarajan for two years and three years, respectively, from buying, selling or dealing in securities, or accessing the securities market directly or indirectly, and from being a director of any listed company. K Natarahjan, KS Kashiraman and G Ramakrishanan were restrained from being an independent director or member of an audit committee of any listed company for two years from the date of the order.

Monetary penalties were also imposed on them by the regulator.

 

LEGAL NEWS 05.10.2012

Man in soup for filming in court

http://ibnlive.in.com/news/man-in-soup-for-filming-in-court/297970-60-120.html

Express News Service

The HC has asked A Venkatesan, working as an Assistant Section Officer in Home (P&E) department, Secretariat, as to why contempt proceedings should not be initiated against him for recording court proceedings on his mobile phone on Thursday. During the course of arguments on a habeas corpus writ plea,Venkatesan was seen recording the proceedings in the court hall of Justice KN Basha and N Paul Vasanthakumar and was caught red handed. During enquiry, he told the judges that he had just come to the hall for watching the proceedings and he was not summoned. “Hence, he is called upon to explain as to why action for contempt of court proceedings could not be initiated against him,’’ the bench said and posted the matter  to Oct 5. 

 

 

 

 

 

TNPSC allowed to publish results

http://ibnlive.in.com/news/tnpsc-allowed-to-publish-results/298009-60-118.html

Express News Service

Vacating the interim stay granted earlier, the Madras High Court has paved the way for the TN Public Service Commission (TNPSC) to publish the results of the examinations conducted in July this year for Group IV services.

While passing interim orders on the writ petitions from K Murugan of Dharmapuri district and another, Justice S Nagamuthu on August 17 this year had restrained the TNPSC from publishing the results. The other process including valuation of the papers could, however, go on, the judge had said.

According to petitioners, the question papers furnished to them for selection to the 10,780 posts in various departments did not carry all the questions. There were in total 200 questions. But the question paper contained only questions 1 to 59 and 154 to 200, with the remaining questions (from 60 to 153) missing.

When the matter came up, TNPSC counsel told the judge that in all 13 candidates were affected by the supply of defective question papers. The TNPSC decided to afford an opportunity to all of them by holding a fresh exam and accordingly the exam was conducted on September 27. Of the 13 candidates, nine, including the petitioners, had participated in the exam. Counsel for petitioners told the judge he had no further grievance.

Disposing the pleas, the judge vacated the interim stay.

 

 

 

 

Selection of PG assistants quashed

http://ibnlive.in.com/news/selection-of-pg-assistants-quashed/297329-60-120.html

Express News Service

The selection of 2,395 post-graduate assistants and physical education directors (PEDs) for government schools in the State was set aside by the Madras High Court on the ground that more than half of the key answers set by the Teachers Recruitment Board (TRB) were wrong and the reservation formula also had not been properly applied, on Monday (October 1).

Passing orders on a batch of writ petitions from the teacher-aspirants, Justice S Nagamuthu quashed the mark list and the selection list for all posts.

The judge said that a number of key answers had been set wrongly and so the valuation conducted based on the answers was invalid. The selection of candidates had not been done properly by strictly applying the rules of reservation, the judge said.

TRB advertised for the 2,395 posts on February 28 last and the three-hour objective type exam was held for the main subject, educational methodology and general knowledge carrying 110 marks, 30 marks and 10 marks, respectively.

The present batch of writ pleas were filed challenging the key answers to many questions and the faulty application of the reservation formula by the authorities. By an interim order, the court had formed an expert committee to go into the correctness of the key answers.

The panel’s report revealed that more than 50 key answers were wrong and hence evaluation based on these keys had adversely affected the prospects of thousands of aspirants. As for the reservation regime, Justice Nagamuthu said that several reserved category candidates selected under open quota on merit had been adjusted against the reserved quota.

Explaining the illegal application of quota regime, the judge pointed out that one S Selvi, a top scorer with 127 marks, had been shown as having been selected under the backward class (women) quota while the second rank-holder J Kumar with 118 marks had been ‘selected’ against the backward class (general) category, instead of being included in the open category. One Prabakaran who scored 114 marks was shown as a reserved category candidate instead of being listed as an open category candidate selected under merit/open category. In Zoology, G Jagan with 130 marks and J Mohan with 129 marks too had been selected under ‘reserved’ category’ instead of open category, the judge pointed out.

Describing the selection as ‘strange and shocking’, the judge said that  it was clear that the TRB had not understood the method to be followed for selection as against open quota, vertical reservations for BCs, MBCs, SCs and STs and the horizontal reservations for women, disabled persons and Tamil medium candidates. The judge directed the TRB to redo the whole exercise and said that the lists of selected candidates already published were liable to be withdrawn. Hence, the entire selection lists, including the selected lists for the posts for which there was no challenge, were liable to be set aside.

 

 

 

 

No one from Alagiri’s family called for enquiry without summons: police

http://www.thehindu.com/news/states/tamil-nadu/no-one-from-alagiris-family-called-for-enquiry-without-summons-police/article3965704.ece

Mohamed Imranullah S.

The Madras High Court Bench here on Thursday recorded the submission of the Madurai District Police that no family member of Union Minister M.K. Alagiri had been or would be called for enquiry without a summons being issued in connection with a case registered against his son Durai alias Dayanithi Alagiri.

Justice M.M. Sundresh recorded the submission made by Additional Advocate General K. Chellapandian during the hearing of a petition filed by Dayanithi to quash the First Information Report registered by the Keezhavalavu police near here last month for his alleged involvement in the multi-crore granite quarry scam in the district. However, he refused to pass interim orders restraining the police from proceeding with the investigation until the next hearing of the case.

Earlier, the petitioner’s advocate Veera Kathiravan alleged that the police were harassing the Minister’s family members in the guise of enquiry. Stating that so far Dayanithi’s friends as well as brother-in-law had been called to the police station for enquiry, the counsel sought for a court order permitting family members to be accompanied by their lawyers in future. Rebutting such a request, the AAG said all those enquired so far were accompanied by their lawyers and the police had no objection to that.

“Even he (petitioner’s counsel) is well aware of that. We have also never asked anyone to appear for an enquiry without issuing proper summons in accordance with law,” he added.

He also denied political motives behind the action taken against the petitioner and said the case was registered only on the basis of prima facie evidence available. He claimed that the petitioner had quarried granite illicitly from lands belonging to the Tamil Nadu Minerals Limited, a State government undertaking, since 2006.

Justifying the registration of the case based on a complaint by Keezhavalavu Village Administrative Officer and not TAMIN officials who ought to have been the aggrieved party, the AAG said some of the TAMIN officials were hand-in-glove with the accused and hence they had also been arrested and put behind bars in connection with the same case.

The judge adjourned the hearing to October 11 in order to enable the prosecution to file a written objection to the petitioner’s plea of quashing the FIR.

 

 

 

 

Petitioner fined Rs 50,000 for flimsy PIL against flyover

http://ibnlive.in.com/news/petitioner-fined-rs-50000-for-flimsy-pil-against-flyover/297719-60-116.html

Express News Service

Coming down heavily on the trend of litigants moving the High Court by filing petitions to get personal gains, the Kerala High Court on Wednesday observed that misuse of the right given to citizens to initiate public interest litigation could not be allowed.

The court also imposed an exemplary fine of Rs 50,000 on A Subair of Muttom in Thiruvananthapuram, who repeatedly filed petitions on ‘flimsy’ grounds against the construction of Thakaraparambu flyover in the capital city. A Division Bench comprising Chief Justice Manjula Chellur and Justice A M Shaffique passed the order while dismissing his plea seeking a directive to halt the construction.

He had submitted that the construction was unscientific and dangerous to the archaeological monuments of the city. The Archaeological Survey Department, however, had submitted that the construction of the flyover from the Power House Road to Thakaraparambil was not detrimental to the forts and monuments. The department had taken all efforts to protect those structures, it said. State Attorney P Vijayaraghvan submitted that the move of the petitioner was a malafide attempt and there was no public interest behind it. The petitioner was ventilating the grievances of certain individuals, the State’s Attorney said.

The Bench observed that not being satisfied by its previous directives, the petitioner had repeatedly filed pleas and his main intention was to stall the construction on the flyover.

“The flyover is being constructed to ease the heavy traffic congestion in the city. The Thiruvananthapuram City, especially East Fort, Thampanoor, Pazhavangad and Over Bridge roads, is always congested with traffic where the railway station, bus stand, Sree Padmanabhaswamy Temple and other commercial centres are situated,” the court said. The intention of the petitioner was either to gain popularity or act at the whims of some persons who are against the flyover, it said.

 

 

 

 

Army forcing us to withdraw case against Gen Bikram Singh: NGO

http://www.hindustantimes.com/India-news/Srinagar/Army-forcing-us-to-withdraw-case-against-Gen-Bikram-Singh-NGO/Article1-940012.aspx

Harinder Baweja, Hindustan Times
Srinagar, October 05, 2012

Last Updated: 00:29 IST(5/10/2012)

The army has been accused of putting pressure on the civil society in Kashmir to withdraw a PIL against its chief, General Bikram Singh.

YES Kashmir, an NGO, had approached the Jammu and Kashmir high court in October last year to raise the issue of an encounter that occurred

According to the police, an alleged militant dressed as a beggar had approached Singh and opened fire. In the battle that ensued, the militant was killed.

The PIL, however, questions the police theory. A family had come forward in October 2011, claiming that it was their son Abdullah Bhat, an innocent bystander, who had been killed.

The timing of the PIL was questioned in military circles, with many seeing it as an attempt to narrow down Singh’s chances of becoming the army chief.

Soon after Singh took over as the chief of army staff, NGO head Khurshid Ahmed Mir approached the court once again and — in a sworn affidavit — claimed that the force was pressurising him.

Mir has now alleged in the affidavit that “officers of Sector–1 RR are pressurising me to help them withdraw the case by influencing relatives and the counsel for the petitioners… Since the case has turned out to be a high-profile one, I feel insecure in the hands of the army. They are repeatedly putting pressure on me, and can harm me and my family.”

The police had then closed the case, saying the beggar was actually Mateen Chacha — a Pakistan-trained Hizbul Mujahideen terrorist.

They are now refusing to produce a photograph of the ‘beggar’ or identify his grave, demands that the family has made through the PIL.

The board of officers inquiring into the funding of the controversial intelligence unit, constituted by former army chief Gen VK Singh, is now probing possible links between the ‘snoop unit’ and the NGO.

The inquiry notwithstanding, the petition can be embarrassing for the chief as well as the government, particularly if the court orders an investigation into the ‘fake encounter.’ The army declined to comment on the grounds that the inquiry was still on.

 

 

 

 

 

Cite guidelines for withdrawing cases against SP men: HC to govt

http://www.indianexpress.com/news/cite-guidelines-for-withdrawing-cases-against-sp-men-hc-to-govt/1012308/

Express news service : Allahabad, Fri Oct 05 2012, 05:34 hrs

The Allahabad High Court on Thursday asked the state government to apprise it about the guidelines it was likely to follow in its proposed attempt to withdraw criminal cases registered against the workers of the Samajwadi Party (SP) during the Bahujan Samaj Party (BSP) regime.

The court passed the order while hearing a PIL, based on media reports, seeking directions to restrain the state government from taking any such steps. The court has fixed October 10 as the next date of hearing in the matter.

Hearing the PIL filed by an advocate, Satya Prakash Rai, a division bench of Acting Chief Justice Amitava Lala and Justice P K S Baghel directed the state government to file a detailed affidavit on the matter in the next hearing.

Sanjeev Singh, counsel for the petitioner, said: “Our main contention is that it would be unconstitutional and violative of Section 321 (which says that the public prosecutor can initiate withdrawal of prosecution process as per prescribed norms) of the Criminal Procedure Code if the state government is planning to pass any directions regarding withdrawal of criminal cases registered against SP workers during the BSP regime. Our main prayer is that the state government be restrained from passing any direction in this regard.”

 

 

Comfortably dumb, says Bombay high court

Published: Friday, Oct 5, 2012, 8:03 IST | Updated: Friday, Oct 5, 2012, 1:06 IST

http://www.dnaindia.com/mumbai/report_comfortably-dumb-says-bombay-high-court_1749090

By Mustafa Plumber | Place: Mumbai | Agency: DNA

 The government’s heart was in the right place, but looks like its mind wasn’t. It identified posts of forest rangers, port inspectors, junior engineers and security guards for those who have lost 40% of their vision.

Making a note of it, the Bombay high court on Thursday came down heavily on the state government.

“Don’t you apply your mind before preparing the list?” a division bench of chief justice Mohit Shah and justice NM Jamdar asked.
Advocate Chetan Agrawal representing one Nilima Surve, who had filed a PIL, submitted to the court a letter written by the state.

The letter asked JJ hospital doctors to determine whether a candidate from Nashik, who was partially visually disabled, was fit for the post of a security guard in a company.Agrawal said, “Such a post cannot be held by someone with a visual disability.It’s a farce that such posts are being identified.”

Advocate GW Mattos appearing for the state sought time for finding out if the state had adopted guidelines framed by the Centre with regard to recruitment of disabled people or if it had prepared its own. Mattos, however, said petitioners should first approach the commissioner for persons with disabilities before moving court.

The bench has directed the local office of the commissioner to publicise its address, and has directed the petitioners to plead their cases before them.

The court also directed the chief secretary to file an affidavit stating whether the previous court orders directing recruitment were adhered to and give details of backlog, if any.

Surve was appointed by Chetna College in Bandra but later dismissed because of her visual disability. Only
after the high court intervened, she was reinstated.

 

 

 

 

4-week relief for cell towers on hospitals

http://timesofindia.indiatimes.com/city/jaipur/4-week-relief-for-cell-towers-on-hospitals/articleshow/16679748.cms

TNN | Oct 5, 2012, 09.22AM IST

JAIPUR: A division bench of the Rajasthan high court, while hearing a plea of the state government seeking an extension of the deadline for removal of mobile towers from hospitals , has extended it for another four weeks. The bench, however, declined to extend the time limit for removal of those structures from which the batteries and communication equipment have already been removed. The time limit fixed for the removal of these towers will expire on October 7.
The case camp up before the court on a PIL filed by Justice I Israni (retd). Senior advocate Gopal Subramaniam, appearing for Cellular Operators Association of India told the high court that the Union government had on Wednesday night issued certain guidelines containing do’s and don’ts for the cellular operators including installation of towers which he sought to be placed on record on Monday.

 

 

 

 

Task force moots three elephant zones

http://timesofindia.indiatimes.com/city/bangalore/Task-force-moots-three-elephant-zones/articleshow/16678223.cms

TNN | Oct 5, 2012, 06.12AM IST

BANGALORE: The Karnataka Elephant Task Force set up by the high court to look into elephant-human conflict has made several recommendations, including establishing a Karnataka Elephant Expert Group (KEEG), within the state wildlife board, with a broad mandate to plan, advise, and assist in elephant conservation and management in the state.

The task force headed by IISc scientist Raman Sukumar suggested a three-zone approach — elephant conservation zone, elephant-human co-existence zone and elephant removal zone.

The report was submitted a couple of days ago and filed in response to a court directive in a sou motu PIL in 2008 following deaths of elephants in the state. The PIL came up before a bench headed by Justice K Sreedhara Rao on Monday. With regard to loss and fragmentation of elephant habitats due to ill-planned commercial infrastructure projects and natural resource extraction, the committee recommended a time-bound review of clearances granted or pending in areas within the distribution range of the elephant.

It also suggested prosecution of officials who misrepresented facts about presence of elephants and other wildlife while recommending project proposals.

KETF suggested the 750-kg golden howdah carried by the lead elephant in Dasara procession be replaced with a lighter replica or carried in a chariot drawn by the elephant. KETF feels such a symbolic gesture could make the state a national and international leader in elephant conservation.

 

 

 

 

 

PIL filed for deployment of women force in trains

http://www.indianexpress.com/news/pil-filed-for-deployment-of-women-force-in-trains/1012310/

Press Trust of India : Lucknow, Fri Oct 05 2012, 05:41 hrs

A PIL was today filed in the Lucknow bench of Allahabad High Court seeking direction for deployment of women commandos in trains and an inquiry by an independent agency against an IAS officer, who was arrested on charges of alleged attempt to rape in a moving train.

Citing incidents of misbehaviour with women passengers in moving trains, the petitioner, a local lawyer, Moti Lal Yadav, in his PIL has requested the court to issue direction to Chairman Railway Board to appoint Railway Women Commando Force in every running train.

Yadav has requested the court to issue directive to the state government to appoint ladies force as per the ratio of the population of the women.

He claimed that the Railway Board had in past decided to deploy women commando force, but nothing has been done yet.

The petitioner has also sought the direction to UP government for a detailed inquiry against IAS officer Shahsi Bhushan Sushil by an independent agency. Shushil, who was special secretary in the Technical Education Department, was arrested on Monday last for allegedly molesting a woman in Lucknow Mail.

A local court granted him interim bail on Wednesday.

 

 

 

 

Coalgate: PIL seeks fines, SC-monitored investigation

http://timesofindia.indiatimes.com/india/Coalgate-PIL-seeks-fines-SC-monitored-investigation/articleshow/16676476.cms

TNN | Oct 5, 2012, 02.35AM IST

NEW DELHI: Three weeks after the Supreme Court entertained a public interest litigation on Coalgate, an NGO moved another PIL on Thursday seeking a court-monitored probe by a special investigation team and recovery of punitive damages from private players who allegedly made huge gains.

The PIL, filed by NGO ‘Common Cause’ and six prominent citizens, including ex-Cabinet secretary T S R Subramanian, ex-chief election commissioner N Gopalaswami and former Navy chiefs R H Tahiliani and L Ramdas, said, “The investigation of the CBI at the instance of the Central Vigilance Commission is partial and does not cover the full magnitude of the scam.”

It said that the ongoing CBI probe may not be impartial. “Considering the magnitude of the investigation and possibility of involvement of high public offices, including PMO, and the fact that CBI functions under the same very government it is supposed to investigate, a court monitored probe by an SIT is required,” it said.

Seeking cancellation of all coal blocks to private companies since 1993, the NGO requested the court to direct the “SIT or the CBI and Enforcement Directorate to probe all allocation of coal blocks by Centre between 1993 to 2012”.

It also wanted a probe into the manner in which states send recommendations as well as “an investigation into how coal block allocated for captive use of ultra mega power projects were allowed to be diverted for non-captive use to permit private players to indulge in undue profiteering”.

The NGO also said those UMPP owners who indulged in illegal diversion of coal from captive blocks must lose their licences. It said the government must also recover windfall profits made by private players from the illegal exploitation of blocks.

 

 

Horse, mule journey banned for Kedarnath

http://www.business-standard.com/generalnews/news/horse-mule-journey-banned-for-kedarnath/64336/

Press Trust of India / Dehra Dun October 04, 2012, 17:59

Following directions from Uttarakhand High Court to maintain sanitation on pedestrian route to Kedarnath from Gaurikund, movement of horses and mules has been temporarily suspended.

The decision came in the wake of the High Court expressing dissatisfaction over sanitation on the 14 km-long pilgrimage route, additional chief officer of Rudraprayag district panchayat, Yashwant Rawat said.

Hearing a PIL, the court had recently directed the Panchayat to ensure sanitation for pilgrims and present a working plan before it on October 6 in this regard, he said.

A working plan will be submitted and action will be taken according to the directions issued, he added.

 

 

 

Karnataka moves SC for stay on CRA directive

http://timesofindia.indiatimes.com/city/bangalore/Karnataka-moves-SC-for-stay-on-CRA-directive/articleshow/16677978.cms

TNN | Oct 5, 2012, 05.43AM IST

BANGALORE/MANDYA/MYSORE: As farmers took centre stage by sidelining politicians, Karnataka filed a petition in the Supreme Court on Thursday seeking a stay on the CRA directive to release 9,000 cusecs daily to Tamil Nadu until October 15.

A week after the apex court directed Karnataka to abide by the Cauvery River Authority (CRA) directive, Bangalore will face the heat of the protests on Friday with a spate of demonstrations and dharnas planned by all parties separately ahead of the Karnataka bandh on Saturday. The Bangalore-Mysore highway continued to be blocked.

Farmers’ representative Kodihalli Chandrashekhar has threatened to block all highways in the state on Friday.

The two teams from the Centre reached Karnataka and Tamil Nadu on Thursday to assess the water levels and the agricultural operations in both states. The team led by chief engineer Jacob will start touring the Cauvery basin projects in Karnataka from Friday.

The Jacob team, comprising three experts, will tour the areas till Sunday. It will reach Maddur, where it will get down to business at 11am, and arrive at the KRS dam at 2.30pm. Along with Jacob, BP Pandey from the Central Water Commission, P K Saha, deputy commissioner in the ministry of agriculture and D Ranga Reddy will tour the areas. According to an official communication from the Cauvery Neeravari Nigam, the team will inspect KR Pet, Pandavapura, Mysore, Nanjangud, T Narasipur, Hunsur, KR Nagar, Holenarsipura and Channarayapatna.

In Mandya, a day-long hunger strike was observed by the Cauvery Protection Committee led by former MP G Made Gowda. After virtually laying siege to the KRS dam in the district, the farmers vented their ire on politicians. Congress leader Siddaramaiah had to bear the brunt; he was heckled by the crowd, which accused him of letting them down. Siddaramaiah had to leave the venue amid police escort.

Karnataka’s petition in the court described the September 19 directive of CRA as “arbitrary and ad hoc”.

“We have cited drought, no distress formula regarding water sharing in place and receding storage level as the reasons for seeking a stay on the directive,” water resources minister Basavaraj Bommai told TOI. Another petition filed by Mandya farmers seeking same relief is slated for hearing by the apex court on Friday.

While the farmers protested and the government moved court, priests at Mysore’s Chamundeswari temple sought divine intervention to rescue Karnataka.

times news network Filed by Naheed/shiv/aravind cleared by naheed

 

 

 

SC gives six months to states to improve school facilities

http://twocircles.net/2012oct04/sc_gives_six_months_states_improve_school_facilities.html

Submitted by admin4 on 4 October 2012 – 10:31pm

By IANS,

New Delhi : The Supreme Court has asked state governments to provide educational, sanitation and drinking water infrastructure in the schools including separate toilet facilities for boys and girls, drinking water facilities, sufficient class rooms and the appointment of teaching and no-teaching staff within six months.

There are 1,096,064 government schools. Out of these, 624,074 schools have girl toilets and 824,605 schools have common toilets for boys and girls.

An apex court bench of Justice K.S. Radhakrishanan and Justice Dipak Misra Wednesday asked the state governments to give effect to various directions already given by it for “providing toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, appointment of teaching and non-teaching staff etc., if not already provided, within six months from today”.

Justice Radhakrishnan said: “We make it clear that these directions are applicable to all the schools, whether state-owned or private, aided or unaided, minority or non-minority.”

Disposing of a petition moved by NGO Environment and Consumer Protection Foundation, the court said: “We make it clear that if the directions are not fully implemented, it is open to the aggrieved parties to move this court for appropriate orders.”

The NGO moved the apex court seeking directions to improve the conditions in schools.

Referring to its April 12 verdict, upholding the constitutional validity of the right to education law providing for free and compulsory education to students up to the age of 14 years, the court said that it gave some directions so that the mandate of the law could be carried out.

The court in its April judgment highlighted the necessity of constituting a regulatory authority for effective functioning of the Right of Children to Free and Compulsory Education Act.

The judgment said that on the basis of the directions issued by the apex court in the instant matter some States submitted the details of the infrastructure facilities in the schools in their respective states.

“This court noticed that some of the schools have not provided proper toilet facilities for boys and girls and, in some of the schools, it was noticed that there is no provision for drinking water as well,” the judgment said.

Under the the “Total Sanitation Campaign” a school sanitation hygiene education programme is operational in 607 districts spread across 30 states and union territories and a total of 1,199,117 school toilets have been financially assisted under the TSC.

 

 

 

 

Fresh SC look at Mayawati’s disproportionate assets case likely

http://timesofindia.indiatimes.com/india/Fresh-SC-look-at-Mayawatis-disproportionate-assets-case-likely/articleshow/16677210.cms

TNN | Oct 5, 2012, 04.11AM IST

NEW DELHI: The Supreme Court on Thursday decided to hear in open court a petition seeking review its July 6 judgment quashing the CBI’s FIR accusing former UP CM Mayawati of amassing disproportionate wealth, raising the prospect of a fresh judicial look at the politically sensitive case.

The decision by a bench of Justices P Sathasivam and Dipak Misra is significant given that an overwhelming majority of such petitions are dismissed in chamber without lawyers for the parties getting an opportunity to argue their stand.

But the bench’s decision to hear Kamlesh Verma’s petition in open court will provide him the opportunity to cite facts and try to convince the court to reconsider the decision to quash the FIR against Mayawati. After the CBI went back on its initial resolve to seek review of the apex court’s judgment quashing the DA case FIR against Mayawati, Verma had on August 4 filed the petition requesting the court to permit the agency to take the investigation already done in the case to its logical conclusion.

Verma had intervened in the proceedings before the apex court in the petition filed by Mayawati seeking quashing of the FIR. He had alleged that the July 6 order of the apex court quashing the CBI investigation was based on wrong facts pleaded by the former UP CM.

The SC said it had on July 16, 2003, directed the CBI to probe the alleged illegality and irregularity committed by officials and other persons in the release of Rs 17 crore for the Taj Heritage Corridor scam, but it had not directed the agency to register an FIR on the alleged disproportionate assets of Mayawati.

In its July 6 judgment, the court had objected to the CBI registering an FIR in the DA case showing a Supreme Court official as complainant when there was no specific direction for lodging an FIR to probe her alleged disproportionate wealth.

During the hearings on Mayawati’s petition which came to be filed in 2008, the court had permitted the CBI to submit probe status report. The agency, in its affidavits, repeatedly said that it had got enough material to file charge sheet against the former CM.

Verma’s review petition filed through advocate Kamini Jaiswal said more than a year after the direction to probe the Taj Heritage Corridor scam, the apex court on October 25, 2004, had de-linked the DA case FIR from the scam and said, “In any event, CBI will be entitled to take action on the basis of the investigation as it may think fit.”

Verma’s review petition said Mayawati had filed the writ petition in SC to thwart CBI from filing the chargesheet. “The judgment under review belies the requirement of public policy that cases of corruption by public servants cannot be dealt by courts with a technical approach,” he said.

“Rather, public policy required that even if there was some technical flaw in the investigation, same could not have been given precedence over the overwhelming evidence collected by the CBI against Mayawati,” he said.

 

 

 

 

Court clears Marumalarchi Dravida Munnetra Kazhagam chief’s Europe trip

http://timesofindia.indiatimes.com/city/chennai/Court-clears-Marumalarchi-Dravida-Munnetra-Kazhagam-chiefs-Europe-trip/articleshow/16678233.cms

TNN | Oct 5, 2012, 06.13AM IST

CHENNAI: A sessions court on Thursday allowed a plea of Marumalarchi Dravida Munnetra Kazhagam (MDMK) chief Vaiko for a holiday to Europe and ordered his diplomatic and ordinary passports to be returned to him. Vaiko is to leave for Europe with his wife on October 10.

Giving his order, Justice K Kaliyamurthy, Additional Court-VI judge, said the MDMK leader would have to return his passports within three days of his return to the country. “Considering the attitude of the petitioner in attending the case hearing and that fact that he had obtained the same permission on an earlier occasion, the petitioner is allowed,” Justice Kaliyamurthy said. Special public prosecutor N Vijayaraj, who was asked to file a counter on Thursday, endorsed no objection for the return of passports to Vaiko.

Vaiko is facing charges under the anti-terror law, POTA for allegedly speaking in support of the LTTE in June 2002.

 

 

 

 

 

Delhi court sends alleged 26/11 plotter Abu Jundal to judicial custody till Oct.8

http://www.newstrackindia.com/newsdetails/2012/10/04/370-Delhi-court-sends-alleged-26-11-plotter-Abu-Jundal-to-judicial-custody-till-Oct-8.html

New Delhi/Mumbai , Thu, 04 Oct 2012 ANI

New Delhi/Mumbai, Oct.4 (ANI): The suspected key plotter of the 26/11 Mumbai attacks in 2008, Sayeed Zabiuddin Ansari, was sent to judicial custody till October 8.

A Sessions Court in New Delhi, before which he was produced, pronounced this on Thursday.

The court also directed that after the current judicial custody expires, Ansari would have to be produced before a Special Court of National Investigation Agency (NIA).

Ansari, also known as Abu Hamza and Abu Jindal, was arrested at Delhi airport on June 21 on his arrival from Saudi Arabia.

The police revealed his arrest only on Monday, after interrogating him for five days about the three-day rampage in Mumbai that killed 166 people.

According to prosecution, Ansari helped coordinate the attack by 10 members of Pakistan’s Lashkar-e-Taiba (LeT) militant group from a ‘control room’ in the Pakistani city of Karachi and also helped to train the gunmen who laid siege on prime spots in Mumbai for three days.

Until his arrest, Ansari had been living in Saudi Arabia on a Pakistani passport. An official of New Delhi’s anti-terrorist police unit had revealed this to Reuters on condition of anonymity.

Speaking to media after Ansari was produced before the Sessions Judge in New Delhi on Thursday, the lawyer for the NIA, Ahmed Khan, said that Mumbai’s Anti-Terrorism Squad (ATS) had transferred the case to the NIA.

“We asked for him to be produced in the court for a hearing on October 08 and the court has given that date. He will be produced before the Special Court of National Investigation Agency (NIA) on October 8 at 2 p.m.

Ansari’s arrest has cast a fresh spotlight on Pakistan’s history of backing militant groups as a tool of its foreign policy.

Pakistan’s military intelligence agency, the ISI, nurtured the emergence of the LeT in the early 1990s to serve as a proxy to fight Indian forces in Kashmir.

Pakistan denies backing militant groups, but experts believe the security establishment maintains a relationship with LeT. Pakistan’s government has not commented on Ansari’s arrest.

The Mumbai attacks heightened tensions between nuclear-armed India and Pakistan, which have fought three wars since 1947, and have continued to cast a pall over fragile relations ever since.

Ten militants arrived on the Mumbai shoreline in a dinghy on November 26, 2008, before splitting into four groups and embarking on a killing spree.

They held off elite commandos for up to 60 hours in two luxury hotels and a Jewish centre in the city. The only attacker to survive was sentenced to death in 2010.

A voice believed to belong to Ansari was recorded talking to the gunmen attacking the Jewish centre.

He is reported to have told the attackers to convey to the media that the “attack was a trailer and the entire movie was yet to come”. (ANI)

 

 

 

Court denies criminal bail for skipping hearing

http://timesofindia.indiatimes.com/city/pune/Court-denies-criminal-bail-for-skipping-hearing/articleshow/16679199.cms

TNN | Oct 5, 2012, 08.12AM IST

PUNE: The court of additional sessions judge S D Darne on Thursday rejected the bail plea of a criminal on police record Prakash alias Haribhau Londhe from Loni Kalbhor for not attending a hearing in a criminal appeal filed by him in a theft case.

In 2006, a magisterial court here had sentenced Londhe to three years of rigorous imprisonment with a fine of Rs 5,000. His wife, Vijaya Londhe, was acquitted due to lack of evidence.

Londhe had challenged his conviction by filing a criminal appeal before the district and sessions court here. The appeal came up for hearing before judge Darne on July 24, but he did not turn up before the court. A non-bailable warrant for arresting him was issued on August 10 after he again failed to turn up before the court.

A police team headed by inspector Suhas Garud, in-charge of the Loni Kalbhor police station, arrested Londhe on Wednesday. He was produced before the court on Thursday afternoon. Londhe’s lawyer filed a plea to release him on bail.

However, public prosecutor Ujjwala Pawar pleaded that the bail be rejected since Londhe had 51 cases registered against him. She said that Londhe had challenged his convictions before the district court in three cases and complained that the hearing had to be deferred repeatedly because of his frequent absenteeism. She feared it would be difficult to secure his presence at the time of the hearing, since he may go absconding if he was given bail. Also, the accused had committed a murder at Yevat in 2011 while on bail.

After hearing both sides, the court rejected Londhe’s bail and sent him to the Yerawada central jail.

 

 

 

 

 

Dalit group demands special court at Laxmipeta

http://ibnlive.in.com/news/dalit-group-demands-special-court-at-laxmipeta/297671-60-121.html

Express News Service

The Laxmipeta Dalit Struggle Solidarity Committee has demanded that the state government immediately set up a special court at Laxmipeta and begin the trial of the persons accused for massacring five dalits at there on June 12. They also demanded that the trial be completed within three months.

The committee’s convener Bojja Tharakam accused the state government of dawdling in bringing the guilty to the book and criticised it for issuing GO no 103 for setting up of a special sessions court at Srikakulam town instead of at Laxmipeta.

Addressing mediapersons at a half-day protest here on Wednesday against the delay of setting up of the court, Bojja Tarakam demanded that the state government should immediately withdraw GO No 103 and set up the court there.

State convenor of the Dalit Stree Shakti Geddam Jhansi demanded that the state government distribute 250 acres of land among the landless Dalits in Laxmipeta village and alleged that the state government was shielding the upper-caste culprits.

 

 

 

 

Kush’s friends bravely testify in court against Ayush

http://timesofindia.indiatimes.com/city/nagpur/Kushs-friends-bravely-testify-in-court-against-Ayush/articleshow/16677258.cms

Soumittra S Bose, TNN | Oct 5, 2012, 04.17AM IST

NAGPUR: Two children, aged eight and nine, showed amazing poise in the witness box of the packed court during the hearing in the Kush Kataria kidnapping and murder case on Thursday to get their slain friend justice at a time of their life when they were merely expected to pass school’s unit tests with flying colours.

The two children endured the ordeal for around an hour each in the trial before district and additional sessions judge GJ Akarte.

Shubham Vaid (9) and Ridham Puria (8) appeared as prosecution witnesses 4 and 5 respectively. They recalled the chain of incidents of October 11 last year, replying confidently to questions from special public prosecutor Ujjwal Nikam. Later, the children also remained undaunted when defence counsel Amrish Sonak tried to drag them out of the prosecution’s chain of events and establish contrary facts.

Judge Akarte also took pains to patiently explain the defence questions to the children, make them comfortable, offered time for a break and ensured the proceedings did not overwhelm the minors. He also pulled up the defence a couple of times for cross examining the minors for omission in testimony, instead, suggesting such questions be kept for the investigation officer.

Young Ridham’s calm demeanour drew praise from all those in the court, including the family members of eight-year-old Kush, who was abducted and killed by Ayush Pugaliya.

Shubham and Ridham, with negligible variations, said they were enjoying chips in the balcony of Kush’s residence. They narrated how Kush was called by their neighbour ‘Ayush bhaiyya’, who took him away on his scooter. They both claimed to have seen Ayush speeding away with Kush. The children convincingly faced the defence questions and negated their argument that their vision was blocked from the balcony and there were others in the lane in front of Kush’s residence apart from Ayush.

The Pugaliya brothers remained nonchalant through the proceedings. Eldest Navin and younger Nitin, charged with destruction of evidence, seemed to be more attentive than their youngest brother Ayush, who is the main accused. Ayush’s look was more of indifference. Both children identified him in the court in front of judge Akarte.

On Friday, the court is slated to examine Kush’s aunt Hema, cousin Priya, and Sneha Karnani. The two panch witnesses at the discovery of blood stained clothes would also be examined.

 

 

 

 

Man sentenced till rising of the court for stealing power

http://www.indianexpress.com/news/man-sentenced-till-rising-of-the-court-for-stealing-power/1011967/0

Agencies : New Delhi, Thu Oct 04 2012, 20:12 hrs

A man was sent to day-long detention till rising of the court for stealing electricity and directed to pay Rs three lakh as civil liability to the power company by a court here.

Additional Sessions Judge Sukhdev Singh sentenced East Delhi resident Jasvir Choudhary on a complaint by BSES Yamuna Power Limited that he had been stealing electricity through illegal wires, without installing a meter in his house.

The court awarded him milder sentence under the provisions of the Electricity Act which entails imprisonment of a term which may not extend to three years or with fine, saying he is the sole earning member in the family comprising three children, wife and aged parents.

“Keeping in view the fact that he (Choudhary) is willing to make settlement, he is the sole earning sole earning member in his family having responsibility of three children, wife and old parents, I am of the view that sentence of till rising of the court (TRC) under the provisions of the Electricity Act, 2003, shall be appropriate and meet the ends of justice,” the judge said.

“..It is ordered that accused shall make the payment of Rs three lakh towards civil liability. This shall include any amount paid by the accused to the company on account of his case ID. The amount of Rs three lakh shall be paid in three equal monthly instalments commencing from October 15, 2012,” the court said.

The prosecution had submitted that on December 13, 2006, a joint inspection team had raided the house of the accused in Khichripur village here and had found that he was using electricity directly by tapping into the main power supply of the discom through illegal wires and no meter was found to be installed at the premises.

The discom, subsequently served Choudhary with a bill of Rs 5,34,169 for the theft of electricity. As he failed to pay the bill, the company had filed the complaint.

 

 

 

 

Malegaon blast: SC refuses interim bail to Purohit, others

http://www.thehindu.com/news/national/malegaon-blast-sc-refuses-interim-bail-to-purohit-others/article3964339.ece

PTI

The Supreme Court on Thursday refused to grant interim bail to ex-Army officer Shrikant Prasad Purohit, Pragya Thakur and other accused in the 2008 Malegaon blast case.

A bench of justices H L Dattu and C K Prasad refused to grant any interim relief after senior advocate U R Lalit appearing for the accused contended they have been behind bars for four years and their petitions are not being heard by the apex court.

“We will not give interim bail at this stage,” the bench said.

The bench further said that “it’s not our fault” that the petitions are not being heard on a regular basis, after the State government sought adjournment of the case.

The court adjourned the case for three weeks.

The bench also extended its interim order restraining the National Investigation Agency from interrogating the accused.

On January 4 this year, the apex court had extended its stay of the Bombay High Court order allowing the agency to interrogate him and had also impleaded the NIA on the bail plea of Mr Purohit.

On December 16 last year, the bench had stayed the operation of the High Court’s order.

Mr Purohit had approached the apex court challenging the High Court’s October 20, 2011 order allowing NIA to take him from judicial custody to interrogate him.

Mr Purohit was arrested and issued a charge sheet in connection with the Malegaon bomb blast that took place on September 29, 2008 leaving seven persons dead.

According to the prosecution, the accused had formed an organisation Abhinav Bharat Trust at Pune in 2006 with headquarters at the address of co-accused Ajay Rahirkar. It was registered on February 9, 2007. They had allegedly taken an oath to strive to turn India into a Hindu rashtra called Aryawart.

It was alleged that the members met from time to time to discuss various aspects for achieving their goal. Accused Shankaracharya is stated to have recorded conversations at the meetings and these recordings are the foundation of the case against the blast accused.

Approval for applying provisions of MCOCA in this case was granted on November 20, 2008, and the applicants were booked for offences under this stringent act.

Mr Purohit and Mr Rahirkar along with others were issued charge sheet for offences under various enactments including MCOCA.

On July 31, 2009, the special judge had held that charges against them under MCOCA did not survive and discharged them.

He had directed that the case be placed before a regular sessions court to try them for other offences and therefore rejected their applications for bail.

The state had challenged the order discharging the accused from offences under MCOCA before the high court.

 

 

 

 

Tutor gets 5 yrs’ jail term for trying to kill wife

http://www.hindustantimes.com/India-news/NewDelhi/Tutor-gets-5-yrs-jail-term-for-trying-to-kill-wife/Article1-939722.aspx

PTI
New Delhi, October 04, 2012

First Published: 14:54 IST(4/10/2012)
Last Updated: 14:56 IST(4/10/2012)

 A 44-year-old man has been sentenced to five years in jail by a Delhi court for trying to kill his wife for her failure to bring sufficient dowry.
Additional Sessions Judge Yashwant Kumar held Vishav Kumar Aggarwal, a private tutor by profession, guilty of attempting to murder his wife as he remained a “mute spectator” to his mother’s attempt to burn his wife to death.

“Convict Vishav Kumar Aggarwal is sentenced to two years rigorous imprisonment under section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC with fine of Rs. 5,000.

“The convict is further sentenced to five years rigorous imprisonment under section 307 (attempt to murder) of the IPC with fine of Rs. 35,000,” the court said.

The judge also directed that “out of the total fine amount of Rs. 40,000, a sum of Rs. 35,000 shall be given to the wife as compensation for her sufferings and trauma.”

The court did not hold the convict’s parents, also accused in the case, guilty as they had died during the pendency of the trial.

The court refused to release the accused on probation saying “the convict Vishav no doubt was standing nearby the victim as a silent spectator while his mother (since dead) was pouring kerosene oil upon her.”

“Therefore, Vishav cannot be given benefit under the Probation of Offenders Act in such offence.”

According to the prosecution, the couple were married in February 2000. The bride lived with Vishav in his parental home in North West Delhi.

The prosecution added that despite four years of marriage, Vishav and his parents used to pester her to bring more money and house holds goods from her parents and as she failed to bring in more dowry, she was set ablaze one day by her mother-in-law in 2004.

The counsel for the convict had sought a lenient view in the sentencing saying he was supporting himself and paying maintenance to his wife and daughter, living separately from him after the incident.

 

 

 

 

Bhanwari Devi murder case: Court upholds murder, conspiracy charges against key accused

http://www.ndtv.com/article/india/bhanwari-devi-murder-case-court-upholds-murder-conspiracy-charges-against-key-accused-275580

Press Trust of India | Updated: October 04, 2012 23:30 IST

Jodhpur: A Jodhpur court has charged former Rajasthan minister Mahipal Maderna and MLA Malkhan Singh Bishnoi for kidnap, murder and conspiracy in the Bhanwari Devi case, paving way for the trial.

Charges were framed against 16 accused by the Additional Chief Judicial Magistrate court which retained all the sections against 13 of them that were mentioned in the CBI chargesheet, including kidnapping and murder.

Magistrate Girish Kumar Sharma, however, dropped the charges of murder and conspiracy against Paras Ram Bishnoi, brother of Malkhan Singh, and Om Prakash Bisnoi and granted them bail.

While Paras was charged under section 202 (intentional omission to give information of offence by person bound to inform) of Indian Penal Code (IPC), Om Prakash was charged with section 201 (causing disappearance of evidence of offence, or giving false information to screen offender) of IPC.

The murder charge was also dropped against Bhanwari Devi’s husband Amarchand, who would be tried for offences under sections 120 (B) (criminal conspiracy) and 364 (kidnapping or abducting in order to murder) of IPC.

“The court will now read out the charges against Maderna and Malkhan on October 15 on account of their absence from the court on Thursday and that will be followed by the trial, in which the court will call the evidence,” Special Senior Counsel for CBI Ashok Joshi said.

Maderna is currently out from jail till October 6 following the death of his mother.

Sunil Joshi, the counsel of Paras Ram, argued in the court that his client had no role in the crime and had been framed by the CBI only as he was brother of Malkhan The court discharged him from all the charges like 120 (B), 302 (murder), 364 and SC/ST Act.

Immediately, his counsel moved an application for his bail and admitting the application, the court granted him bail on a bond of Rs. 25,000.

Bhanwari Devi was killed on September 1, 2011, allegedly at the behest of then state minister Maderna and Congress legislator Malkhan Singh. The CBI, which had taken over the investigation a year ago, had alleged that Bhanwari Devi was blackmailing both of them on the basis of some CDs featuring her in a compromising position with the two politicians.

She was abducted from Jodhpur’s Bilara area on September 1, 2011 and killed. Her body was then handed over to another gang which burnt and dumped it in a canal.

 

 

 

 

 

Anti-Corruption Branch files status report on complaint against Delhi CM, others

http://www.thehindubusinessline.com/news/article3965239.ece

Press Trust of India

Contract for fitness test for commercial vehicles

New Delhi, Oct 4: 

The Anti-Corruption Branch (ACB) on Thursday told a court here that the contract for a crucial test of commercial vehicles for granting them fitness certificate was awarded to private firm without any tender, with the approval of Delhi Government’s Council of Ministers.

The ACB made this submission to Special Judge, Sangita Dhingra Sehgal, in a probe status report on a complaint against Chief Minister, Sheila Dikshit, and others of alleged corruption in grant of fitness certificate to commercial vehicles.

“The work (of lane test of commercial vehicles) was awarded to ESP India Ltd on nomination basis without calling any tender with the approval of the council of ministers of the government of NCT of Delhi,” said the ACB in its report.

The report was filed in response to a complaint by RTI activist, Vivek Garg, who had alleged that the Delhi Government gave the contract for lane test of commercial vehicles before grant of fitness certificates to them to ESP India without inviting any tender.

Besides Dikshit, the complaint also names Transport Minister, Arvinder Singh Lovely, former Transport Commissioner, R K Verma and ESP India.

The ACB said scrutiny of documents received from the Transport Department revealed that the Supreme Court had in 1998 directed the Department to introduce automated inspection and certification system, after which Automotive Research Association of India was hired for lane tests.

ARAI hired ESP as consultant and in 2004 awarded it the work for installation of test lanes.

The report said it was after the departure of ARAI that the Transport Department gave the work of operation and maintenance of test lanes to ESP India on nomination basis on February 27, 2008 for five years and also allowed it to charge the vehicle test fee directly from the owners of the vehicles.

The ACB, however, told the court that “certain documents sought from the Transport Department regarding allotment of the work for arriving at the concrete conclusion are still awaited and the documents received by it so far are not enough to unearth the said conspiracy.”

The court asked it to file a conclusive report in the matter by November 9.

Complainant’s counsel, Ajay Geol, had alleged that “due to corrupt and malafide intentions of the said Ministers (Dikshit and Lovely), officer (R K Verma) and company (ESP India), no tender was called for and the contract was given in contravention of the law.”

The complainant had said, “I&C lane test is annually done for all commercial vehicles registered in Delhi. Vehicles which clear this test are given fitness certificates. Earlier the whole process was being done by the Transport Department but now the lane test is done by the said private company for Rs 400 per vehicle, which is not shared with the government.

“After the vehicle clears the test, Transport Department issues a fitness certificate for which a separate fees of Rs 100 is charged from each commercial vehicle.”

The complainant had sought the court’s direction to lodge an FIR against Dikshit, Lovely, Verma and the owner of ESP India for cheating, criminal breach of trust by a public servant, criminal conspiracy under the Indian Penal Code.

He had alleged the company “is not having adequate and qualified engineers, keeping lives of innocent citizen at high risk and is also causing massive accidents.”

 

 

 

34 MNREGA employees sacked for financial irregularities

http://www.business-standard.com/generalnews/news/34-mnrega-employees-sacked-for-financial-irregularities/64435/

Press Trust of India / Patna October 04, 2012, 20:15

The Bihar government has sacked 34 MNREGA employees and booked 43 others for their complicity in irregularities in implementation of the premier centrally-sponsored schemes in Bihar, a minister said today.

The tainted 34 MNREGA employees entrusted with task to implement the scheme in 1512 panchayats have been terminated from service and 43 others booked under various provisions of the Indian Penal Code (IPC) after charges of irregularities committed by them were found correct during probe, RuralDevelopment Minister Nitish Mishra told PTI.

Most of the sacked MNREGA employees were panchayat ‘rojgar sevaks’ and technical persons, he said.

 

 

 

Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal

http://www.hindustantimes.com/Punjab/Chandigarh/Abhi-Verma-murder-case-HC-okays-hanging-but-defers-execution-to-give-time-for-appeal/SP-Article1-939350.aspx

Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012

First Published: 19:27 IST(3/10/2012)
Last Updated: 13:40 IST(4/10/2012)

 The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.


However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.

Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”

Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.

The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.

Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.

With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.

The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.

However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”

 

 

 

 

 

Battered baby Ahuti case: After 3 days Mumbai cops register murder case

http://daily.bhaskar.com/article/MAH-MUM-battered-baby-ahuti-case-after-3-days-mumbai-cops-register-murder-case-3877914-NOR.html

Dailybhaskar.com | Oct 04, 2012, 10:39AM IST

Mumbai: Three days after battered baby Ahuti succumbed to injuries, Mumbai police finally woke up to register an FIR in the case on Thursday. 

 The FIR was registered two days after the Borivli police ruled out foul play in the suspected baby battering case and registered a case of accidental death.

 The mumbai police filed an FIR under section 302 of Indian Penal Code. The cops gave in to the pressure by KEM doctors who kept claiming injuries were not consistent with fall. 

 

Three-month-old Ahuti, who was hospitalised at a civic-run hospital with multiple injuries a week ago, has succumbed to injuries on Monday morning, raising suspicion that her parents might have battered her.  

However, reports said that her parents, who had admitted Ahuti to central Mumbai’s KEM hospital with a skull fracture last week, left the city for their hometown in Gujarat on Tuesday.  A garments businessman, Kalpesh stays with his wife, their eldest daughter Devahuti (2) and his sister in a chawl at Sector-II, Gorai. The Borivli police had on Tuesday recorded the statement of Aahuti’s mother, Dharmishta, before she left Mumbai with her husband, Kalpesh.

 The preliminary findings of the post-mortem confirmed that Aahuti had injuries on both sides of the skull, which were unlikely to be caused by an accidental fall.   The autopsy also found rib fracture and vertebrae dislocation. The paediatric department, however, found that she had multiple fractures on the skull and also suffered from internal bleeding, police said. 

 However, when the baby’s parents failed to give a satisfactory explanation over her injuries, the doctors notified cops. It was learnt that the Borivli police had initially registered a case of accidental death and will probe the child’s death.

 Ahuti’s parents are under suspicion for battering their baby. Her twin sister had died under mysterious conditions 12 days after her birth.

 The Mumbai shocker comes six months after a brutally battered baby, Falak, lost her life in a Delhi hospital. 

 

 

 

 

Rape cases touch century mark in Rohtak range

http://www.hindustantimes.com/Punjab/Chandigarh/Rape-cases-touches-century-mark-in-Rohtak-range/SP-Article1-939843.aspx

Sat Singh, Hindustan Times
Rohtak, October 04, 2012

First Published: 19:29 IST(4/10/2012)
Last Updated: 22:59 IST(4/10/2012)

 The police in Rohtak range – comprising Panipat, Jhajjar, Rohtak and Sonepat districts – have claimed that despite a spike in reports of rape, the number of such heinous crimes has come down as compared to last year.

Ever since the rape of a 16-year-old Dalit girl at Dabra village of Hisar district grabbed headlines on September 9, followed by at least two more similar incidents in Rohtak, the police have been under attack for allegedly not doing enough.

But senior police officials in Rohtak range don’t see anything unusual in six rape cases in less than one month. “There is a decline in the number of cases registered under section 376 (rape) of the IPC (Indian Penal Code) till October 3 this year, compared to the corresponding period last year,” said Alok Mittal, inspector general of police (IGP), Rohtak range, adding, “We had registered 130 rape cases by this time last year, while we have barely 100 cases this year.”
In Rohtak district specifically, according to superintendent of police (SP) Vivek Sharma, there were 49 rape cases by October 3 last year, while there have been only 33 such cases this time.”

From Jhajjar, the data is 32 rape cases till October 3 last year, as compared to 12 by now this year.

Panipat SP KK Rao said, “There are nine cases less this year, compared to 39 rape cases in the corresponding time last year.”

And Sonepat police, too, have data to prove that they have registered 25 cases this year so far, compared 30 till this time in 2011.

A senior police official said, “Rape is a heinous crime which should be stopped at any. And figures show that there is a decline.”

It is pertinent to mention that Karnal district was also part of the Rohtak range before being taken out in October 2011. Hence the comparative data excludes the number of rape cases registered in Karnal. 

 

 

 

 

 

Finally, UT starts process to set up education tribunal

http://www.indianexpress.com/news/finally-ut-starts-process-to-set-up-education-tribunal/1012100/

Express news service : Chandigarh, Fri Oct 05 2012, 00:42 hrs

Finally, after drawing flak from the Punjab and Haryana High Court for not setting up an education tribunal despite a Supreme Court judgment, the Chandigarh Administration has “started the process” in this regard.

This was conveyed to the High Court by advocate Sanjay Kaushal, senior standing counsel for the Chandigarh Administration.

The tribunal, as per the Supreme Court’s judgment, will decide on all disputes pertaining to appointment/removal of teaching staff and other administrative decisions.

Earlier, a communication from the office of the Director Public Instructions (DPI), Chandigarh, was communicated to the High Court which read that the administration was “considering” setting up of the tribunal.

The senior standing counsel told Justice Rajesh Bindal that “modalities are being worked out” and that the file concerned was with the Legal Remembrancer.

The statement was made during the resumed hearing of a petition filed by the managing committee, S D High School, Sector 24. Advocate Puneet Gupta, counsel for the petitioner, had challenged an order passed by the DPI wherein he had set aside the removal orders of a head mistress of the school. The High Court had later stayed the said orders by the DPI.

Advocate Gupta had contended that the administration had not set up an education tribunal, as directed by the apex court, while the Punjab government had established such a tribunal. Taking note, Justice Bindal had, on a previous hearing, slammed the administration for its lackadaisical attitude.

The Supreme Court had held that “in the matter of day-to-day management, like appointment of staff, teaching and non-teaching and administrative control over them, the management should have the freedom and there should not be any external controlling agency… For redressing the grievances of such employees who are subjected to punishment or termination from service, a mechanism will have to be evolved and, in our opinion, appropriate tribunals could be constituted, and till then, such tribunal could be presided over by a judicial officer of the rank of District Judge”.

 

 

 

 

HC notice to EC, State on no-trust move at Eloor

http://ibnlive.in.com/news/hc-notice-to-ec-state-on-notrust-move-at-eloor/297782-60-122.html

Express News Service

The Kerala High Court on Wednesday issued notices to the State Election Commission (EC) and the state government on a petition filed by the former Eloor municipal chairperson seeking a directive not to proceed with convening of council meeting to select a new chairperson.

Jusice K Surendra Mohan issued the directive and posted the hearing of the case to Monday.

Chairperson Lissy George was ousted in a no-confidence motion moved by council members on September 17.

 In the 31-member council, 13 LDF councillors – eight CPM and five CPI – backed by three BJP members. Independent councillor Subaida Hamsa voted in favour of the ouster of Lissy as 13 Congress councillors stayed away from the session following a whip issued by the district congress committee.  Counsel for the petitioner Sivan Madathil also sought a directive to declare the no-confidence motion as illegal and violative of constitutional norms.

He said that five members of the Eloor municipal council have been directed to appear before the State Election Commission on Wednesday, based on a petition filed by Lissy.

So the special council meeting to be held under the monitoring of Legal Metrology Department assistant controller to select a new chairperson should be stayed since the issue is pending before the Election Commission.

 

 

 

 

Crack down on littering, defacement: HC to UT

http://www.indianexpress.com/news/crack-down-on-littering-defacement-hc-to-ut/1012170/

Express news service : Chandigarh, Fri Oct 05 2012, 01:38 hrs

During June and July, the Chandigarh Police and health authorities issued 217 challans to people for throwing garbage and littering. The police registered 32 cases against various individuals on account of defacing public property. Of the 32 cases, the court convicted people in 15 cases. This information was furnished to the Punjab and Haryana High Court by the Chandigarh Administration on Thursday during the resumed hearing of a public interest litigation (PIL).

The PIL arises of a suo motu notice taken by Justice Rajesh Bindal over the menace of throwing garbage at public places and defacement of public property. During the resumed hearing of the PIL, a division bench asked counsel for Chandigarh Administration, Punjab and Haryana to take strict action against those defacing public property and impose heavy penalty on the offenders.

 

 

 

 

1,983 Hry PTIs to remain in service till final decision of the appeal: HC

http://www.hindustantimes.com/Punjab/Chandigarh/1-983-Hry-PTIs-to-remain-in-service-till-final-decision-of-the-appeal-HC/SP-Article1-939791.aspx

Sanjeev Verma, Hindustan Times
Chandigarh, October 04, 2012

The Punjab and Haryana high court has ordered that 1,983 physical training instructors (PTIs) in Haryana whose selection was quashed by the high court’s single judge bench last month, would continue to remain in service till the final decision of the appeals filed by the state government and around 300 aggrieved PTIs on Thursday.

The PTIs were selected by Haryana staff selection commission (SSC) between 2006 and 2010 and the high court’s single judge bench had quashed the selection process on September 11 directing the commission to hold a fresh selection within a period of five months.

The appeals came up for hearing before the division comprising chief justice Arjan Kumar Sikri and justice Rakesh Kumar Jain on Thursday which issued notices of motion to the petitioners who had filed the petition before the single judge resulting in quashing the selection.

Appearing for the state government, advocate general Hawa Singh Hooda assured the bench that till pendency of appeal, the state was not going to remove PTIs as the government also needed them.

Many of these PTIs were present in the court during the hearing of the case on Thursday.

The bench also said that till the appeals are pending, the respondents would not exercise the option to petition the high court for implementation of the single judge order for starting fresh selection process.

Allowing the prayer made in a bunch of 68 petitions, the single judge bench had observed that all decisions for selection were solely taken by chairman of commission without involving other members and the selection criteria was changed many times after advertisement of the posts on July 20, 2006 till the interviews held in September and October, 2008. The result was finally declared after a gap of one year and six months on April 10, 2010.

However, the state government filed the appeal before the division bench on the grounds that criteria of selection was decided by the commission members and not solely by the chairman. However, it was also informed that the criteria made by the chairman was never implemented and the last decision for selection was taken by the commission and not alone by the chairman. The division bench was informed that the unsuccessful candidates could not have challenged the selection process, as per law, as they all had been called and also participated in the interview.

However, in their appeals, the serving PTIs also mentioned that they were not given the opportunity by the single judge to submit their reply on the date of argument. It was also informed that the state government had followed the same selection criteria in 2003.

The case would now come up for arguments on October 9.

 

 

 

 

 

 

Jailed man can’t be a petitioner in PIL: HC

http://www.indianexpress.com/news/jailed-man-can-t-be-a-petitioner-in-pil-hc/1012245/

Express news service : Fri Oct 05 2012, 03:17 hrs

The Bombay High Court on Thursday questioned the ability of a person in jail to continue as a petitioner in a PIL. The court was hearing PILs filed by activist Nitin Deshpande and former journalist Ketan Tirodkar challenging the allotment of land to two housing societies for judges in Bandra (East).

Tiordkar, who is currently in jail, was arrested last month in connection with the 2003 Sadiq Jamal encounter case in Gujarat.

The court said a person in jail is not fit to carry on with a PIL. The court asked Advocate General D J Khambata whether a person in custody for an offence can continue as a petitioner in a PIL. Khambata said such person would cease to be a “correct petitioner” even if there is a cause for the petition.

Meanwhile, Deshpande’s lawyer V P Patil sought discharge from the case citing personal reasons. The court, however, told Patil that the hearing would not take more than an hour and asked him to continue. Patil, however, told the court that Deshpande would make necessary arrangements for a lawyer.

Chief Justice Mohit Shah and Justice R V More said this was the last chance for the PILs to be heard and adjourned the case till October 9.

The PILs had challenged the government’s decision to de-reserve plots to build residential societies for judges of the higher and subordinate judiciary.

“The government has extended illegal and undue favours to Nyay Sagar and Siddhant Housing Societies formed by sitting judges of the Bombay HC. The plot was reserved for dishoused (sic) persons but the revenue department illegally issued a resolution changing the reservation,” Deshpande’s PIL alleged.

 

 

 

 

Stay on VTI nominations absolute: HC

http://ibnlive.in.com/news/stay-on-vti-nominations-absolute-hc/297972-60-120.html

Express News Service

The Madras High Court on Thursday made absolute its interim order restraining the government from implementing its various orders nominating five government officials as members of the committee of Victoria Technical Institute (VTI), on Anna Salai in the city.

Justice D Hariparanthaman dismissed the petition seeking to vacate the stay from the State and made the stay absolute and posted the hearing on the main petition filed by VTI honorary secretary A Nageswaran to October 29.

Nageswaran sought to quash the GOs appointing the Handlooms Secretary, the Director of Industries and Commerce, the Chairman and Managing Director of TN Handicrafts, the Deputy Secretary of Handlooms, Handicrafts, Textiles and Khadi Department and the Joint Secretary of Finance Department as nominated members of the VTI’s governing council.

The judge said that the VTI was a society registered under the Societies Registration Act, 1860. After the TN Societies Registration Act, 1975 came into force, the latter Act governed the VTI society. Section 15 (3) of the Act stated that the members of the committee should be appointed at a meeting of the society by a resolution of a majority of the members present and entitled to vote.

Admittedly, the five government officials were not appointed to the committee at the meeting of the society by a resolution of a majority of the members present and entitled to vote therein.

They were nominated by the State government by way of various orders based on the by-laws of the society.

Section 53 of the TN Societies Registration Act made it clear that the by-laws, which were inconsistent with the provisions of the Act, should not operate.

 

 

 

 

 

HC refuses to stay demolition of illegal college building

http://www.deccanherald.com/content/283108/hc-refuses-stay-demolition-illegal.html

Bangalore: Oct 5, 2012 DH News Service

The Karnataka High Court’s Division Bench comprising Chief Justice Vikramajit Sen and justice B V Nagarathna on Thursday ordered the demolition of a private educational  building in violation of building bye-laws.

The bench directed the institute to comply with an earlier court order and start demolishing the unauthorised part of the building by Friday morning.

The appeal was made by Thirumala Education Trust (TET) at Chikka Adugodi against the demolition of a five-storeyed structure, which was originally made by Justice Ram Mohan Reddy in the last week of September.

TET sought a stay on the demolition order for a couple of months, arguing that it would not occupy unauthorised portions of the building. When the court refused, the appellant sought time till Dasara festival so that students who are appearing for examinations are not be disturbed.

‘No love for law’

The Bench lashed out at the appellants and said: “You have no love for law. You have no love for children. If we stay the order it we will be sending a wrong message to the public.”

“Let the public around be aware that they cannot get away with such things. People approach the court when authorities don’t act. You have come here when the authority has acted stating that you do not want them to act,” said the court.

When the bench asked whether TET would demolish the structure on their own or authorities should be entrusted with the job, the appellants said they preferred the former.

The bench then directed the educational institute to start demolishing the structure from 8 am on Friday and complete the same within 10 days and report back to the court.

 

 

 

 

Check fitness of horses pulling Victoria carriages every 3 months: HC

http://www.indianexpress.com/news/check-fitness-of-horses-pulling-victoria-carriages-every-3-months-hc/1012229/

Express news service : Fri Oct 05 2012, 03:01 hrs

Bombay High Court (HC) suggested on Thursday the state government renew on a quarterly basis fitness certificates issued to horses used to pull Victoria carriages. It was hearing a PIL by NGO Animals and Birds Charitable Trust highlighting that the carriages did not have licences and the horses were subjected to physical cruelty.

When government lawyer Benny Chatterjee told the court BMC was renewing the fitness certificates once a year, a bench of Chief Justice Mohit Shah and Justice Nitin Jamdar said: “You (corporation) can consider renewing them every three months.”

The court also directed BMC to start by October-end the process of taking decisions on whether to issue licences to individual stables.

At the previous hearing, the corporation had told HC it had taken a policy decision in 1973 to not grant licences to stables for horses that pull Victoria carriages owing to health concerns. The court, however, asked it to decide on granting licences in accordance with law. It said BMC could insist on the “highest standards”. The matter has now been posted for hearing on November 1.

 

 

 

 

Delhi HC relief to Airtel: Ban on 3G roaming pacts stayed

http://www.rediff.com/business/report/tech-delhi-hc-relief-to-airtel-ban-on-3g-roaming-pacts-stayed/20121004.htm

October 04, 2012 10:30 IST

In a major relief to 3G subscribers of Bharti Airtel [ Get Quote ], the Delhi [ Images ] High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.

The Delhi HC has asked the department of telecommunications to not take any coercive action until the next hearing of the case.

This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh [ Images ], Kolkata [ Images ], Uttar Pradesh [ Images ] East, Gujarat, Kerala [ Images ] and Haryana — where it does not have 3G spectrum, but offers 3G services through roaming pacts.

The date for next hearing has not been decided.

However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.

Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.

In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal.

When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.

However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India [ Images ]) Director-General Rajan Mathews “This (stay on DoT notice) is a good move.

“Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.”

On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation mobile services through roaming pacts outside its licensed circles.

DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular [ Get Quote ].

Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.

In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum.

Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.

Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles.

Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles.

While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles.

The number of circles where 3G spectrum was auctioned is 22.

Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.

DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements.

The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal.

Tata Teleservices [ Get Quote ] and Aircel was also party in the petition filed by the telcos.

A two-member bench of TDSAT in July gave a spilt verdict on the matter.

While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.

Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.

Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.

Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange [ Images ].

 

 

 

Mathura stampede: HC issues contempt notices to judge, SSP

http://www.business-standard.com/generalnews/news/mathura-stampede-hc-issues-contempt-notices-to-judge-ssp/64511/

Press Trust of India / Allahabad October 04, 2012, 22:25

The Allahabad High Court has issued contempt notices to the District Judge, Senior Superintendent of Police of Mathura among others on a petition which alleged that court norms were violated in the Vrindavan temple, which led to the stampede.

Single judge bench of Justice Vikram Nath passed the order on October 1, on a contempt petition filed by one Rasik Raj Goswami of Vrindavan.

Goswami had said that a High Court order dated December 8, 2004 had approved “a map showing details of the temple and arrangements of darshan etc” with variations being allowed “only on festivals” after which barricading was to be restored as per the map.

 

However, the petitioner alleged that barricading arrangements were changed by the district police with the approval of District Judge Ram Avtar Kaushik who was assisted by Civil Judge Amarjeet Singh.

This violation of the court order inconvenienced devotees visiting the temple and was also responsible for the stampede of September 16, Goswami alleged in his petition.

The court issued contempt notices to the aforesaid judicial officers, besides Mathura SSP N Padmaja, the Station House Officer concerned Ved Singh Yadav and manager of the temple Abhilash Singh for having facilitated the changes in arrangements despite the court order.

The court directed them to comply with the December 8, 2004 order within a month.

On September 23, three pilgrims were killed and over half a dozen injured in the stampede at the Radha Rani temple in Barsana.

 

 

 

HC grants interim bail to 22 BNP leaders

http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMTBfMDVfMTJfMV8zXzE0NTg0NQ==

It also asks police not to harass Mizra Abbas

The High Court (HC) on Thursday granted ad interim anticipatory bail for five weeks to 22 BNP leaders, mostly those confined to their party office, in two criminal cases filed for Tuesday’s violence in Nayapaltan area, reports UNB.

An HC division bench, comprising Justice Quamrul Islam Siddiqui and Justice AKM Zahirul Hoque, passed the order in the afternoon as the accused surrendered before it seeking bail.

Those granted the interim bail include Swechchhasebak Dal president Habibunnabi Khan Sohel, general secretary Mir Sharafat Ali, Jubo Dal general secretary Saiful Alam Nirab, former Jatiyatabadi Chhatra Dal (JCD) president Azizul Bari Helal, incumbent JCD president Abdul Quader Bhuiyan Jewel, general secretary Habibur Rashid Habib, organising secretary Rajib Ahsan and JCD Dhaka University unit president Mohidul Hasan Hiru.

Meanwhile, the HC bench also asked police not to arrest and harass BNP standing committee member Mirza Abbas.

Advocate Zainul Abedin appeared for the accused.

The police filed two cases early Wednesday against about four dozen of leaders and activists of BNP in connection with Tuesday’s police-BNP clash and damaging of vehicles in the capital.

The police have already arrested 24 opposition activists during the clash.

Paltan thana sub-inspector (SI) Sazzad Karim filed one case against 49 leaders and workers of BNP for assaulting the police.

SI Idris Ali filed another case against the same 49 leaders and activists, including the arrested 24, under the Speedy Trial Act.

Most of the accused BNP leaders were besieged inside the party’s Nayapaltan headquarters since Tuesday evening. They took shelter there to avoid police arrest following the clash.

At least 20 people, including four cops, were injured and two vehicles torched and four others vandalised, during the clash in front of BNP’s Nayapaltan central office and nearby areas.

 

 

 

HC orders immediate release of innocent youth

http://www.business-standard.com/generalnews/news/hc-orders-immediate-releaseinnocent-youth/64493/

Press Trust of India / Cuttack October 04, 2012, 21:35

The Orissa High Court today ordered that a innocent youth, having shared the same name with a history sheeter, should be immediately released from jail after incaceration for over a month.

A single-judge bench of Justice Indrajit Mahanty ordered the Cuttack rural police to immediately release the 35-year- old Bijay Guin alias Bula who had been taken into custody in August this year for sharing the same name and surname of an accused against whom an NBW was issued.

Bula of Niali village was taken into custody by the police on August 28 in the wake of an execution of an NBW issued by the local court.

Subsequently, it was found that the NBW was issued against another Bijay Guin alias Babula of the same village against whom cases were pending for years.

Babula is absconding from the village since 1997 after he secured a bail from the same lower court following his arrest in a theft case.

When police refused to buy the argument that they have actually arrested the wrong person, the family members of Bula approached the Odisha High Court in a writ petition.

The court adjudicated over the matter and asked the police to immediately release Bula after quashing the NBW issued against him by the lower court.

 

 

 

 

HC orders probe against two medical colleges

http://timesofindia.indiatimes.com/city/hyderabad/HC-orders-probe-against-two-medical-colleges/articleshow/16675647.cms

TNN | Oct 5, 2012, 12.59AM IST

HYDERABAD: HC on Thursday directed the NTR University of Health Sciences to conduct an enquiry into the allegations of a student that Shadan Institute of Medical Sciences and Dr VRK Women’s Medical College were flouting norms in management quota admissions. The bench comprising Justice V Eswaraiah and Justice Noushad Ali directed the university to submit a report in this regard and posted the matter to October 10 for hearing.

Petitioner Farha Sultana of the city complained that the colleges concerned had refused to admit her under the management quota despite her securing 97.3% marks in intermediate.tnn She requested the court to direct the colleges to give her admission in any one of these colleges as per merit under the management quota.

 

 

 

 

 

Telenor seeks HC’s nod for assets sales of JV Uninor

http://economictimes.indiatimes.com/news/news-by-industry/telecom/telenor-seeks-hcs-nod-for-assets-sales-of-jv-uninor/articleshow/16672388.cms

NEW DELHI: Norwegian company Telenor, which controls joint venture (JV) Uninor, today told the Delhi High Court that auction of its assets be allowed to save the venture in which real estate major UnitechBSE -0.97 % Ltd has got minority stake.

“Can I be forced to to do business with ‘cheat’ managing director of Unitech Ltd, facing prosecution in a criminal case and moreover, he has also been castigated by the Supreme Court…I cannot be forced to get along with a man who cannot be trusted,” senior advocate Sandeep Sethi, appearing for the Norwegian telecom major, told Justice Indermeet Kaur.

The multinational partner to the Indian real estate major in their JV Uninor is seeking setting aside of the judgement of the Company Law Board (CLB) by which it was stopped from auctioning the assets of Uninor.

The CLB had said that the auction notice issued by Uninor was “under the garb of transparency is an attempt by Telenor to dissuade any prospective bidder from participating in the auction and to be bid in the auction itself”.

The panel had also said that it was an attempt to oust the Indian firm from the JV. Uninor is a 67:33 joint venture telecom company between Telenor and Unitech.

During the nearly four-hour-long arguments, Sethi referred to the agreement entered into by Sanjay Chandra, on behalf of Unitech Ltd and other group firms with the Norwegian firm for constituting the JV for doing business in telecom sector here.

“I was made to understand that the Unified Access Services Licenses (UASL) for 22 circles were validly and legally obtained. However, the facts are contrary. These licenses obtained by Unitech Ltd were used to entice us to make huge investment,” Sethi said.

The counsel for Telenor also referred to the charge sheet to drive home his point and said “the MD of the real estate major entered into a conspiracy with then Telecom Minister A Raja for obtaining the UAS licenses.” He also cited the Supreme Court judgement on the issue.

Seeking court’s nod to proceed with the auction sale of the assets, the counsel said “The business has come to an end. The company is going to lose Rs 3,000 crore if the sales of the asset is not undertaken.”

He also alleged that Unitech Ltd did not come forward to bid for the assets of the JV and in fact, it was acting as a “spoiler” by opposing every move to save the company.

The arguments on the petition remained inconclusive and would continue tomorrow.

The JV partners are at loggerheads and pursuing various litigations against each other, besides the arbitration proceedings being held at Singapore following the cancellation

of its 22 UAS licenses. Earlier, the CLB had stopped auction of Telenor- controlled joint venture Uninor.

Uninor had on August 1 invited potential bidders to express interest by August 6 to buy the joint venture and said its majority owner, Norway’s Telenor, was willing to pay Rs 4,190 crore for its 30 million customers and assets in case no other bidder turns up. The move was opposed by Unitech, which had moved the CLB.

 

 

 

HC direction to TN on GAIL project

http://www.business-standard.com/generalnews/news/hc-direction-to-tngail-project/64479/

Press Trust of India / Chennai October 04, 2012, 21:15

The Madras High Court today directed Tamil Nadu government to convene a meeting of district collectors, Gas Authority of India Limited officials and land owners to arrive at a “workable solution” and facilitate laying of pipelines for the Kochi-Kuttanad-Mangalore-Bangalore Gas Pipeline Project in seven districts of the state.

The court, however, upheld a single judge order who earlier declined to grant police protection for GAIL employees, involved in the project.

A Division Bench, comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam, in their order, directed Tamil Nadu Chief Secretary to convene a meeting for each of the seven districts on the matter.

They said land owners “should also bear in mind” that the project was of national importance and in public interest and therefore, they “should endeavour to make the project successful,” so that it would be completed within the scheduled time.

The bench also said suggestions given by the land owners proposing an alternate route may be discussed at the meetings.

GAIL had submitted that it was executing the Kochi-Kuttanad-Mangalore-Bangalore Pipeline Project for the Central Government and was involved in laying of underground transmission lines through Kerala, Tamil Nadu and Karnataka for supply and distribution of natural gas to various sectors for over 600 km.

One of the farmers, whose objection to the pipeline passing through his land was rejected by the competent authority, filed a petition, challenging the order.

Later, on a Central government notification declaring the right of user in the lands specified in the schedule of notifications, GAIL began preliminary work, when certain land owners and farmers prevented it.

GAIL lodged a complaint with Rayakottai police on June 16 last and followed it with a representation to state government for adequate protection to enable them execute the project.

Alleging that their representation was not considered, GAIL filed a petition for a direction to grant police protection, which a single judge declined to grant.

 

 

 

 

HC stays probe against Arathi Rao

http://ibnlive.in.com/news/hc-stays-probe-against-arathi-rao/297702-60-115.html

Express News Service

The High Court on Wednesday stayed the investigation against the self-styled godman, Nithyananda’s former disciple Arathi Rao following a petition filed by her to quash the complaint against her and sought the interim stay of the investigation.

Ranjitha and some other followers of Nithyananda had filed a complaint alleging that Arathi had morphed a sleaze CD purportedly showing the actress and the godman in a compromising position and had extorted over Rs 25 lakh from her. A case of criminal intimidation, blackmail and extortion had been registered against Arathi Rao in this regard.

Arathi is the second accused in the case in which Lenin, Nityananda’s former driver is the prime accused. Hearing the petition, Justice Nagamohan Das stayed the investigation and directed the police to file objections and adjourned the case for further hearing. 

 

 

 

HC adjourns Madani’s bail plea to Oct 10

http://english.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?contentId=12552355&tabId=1&programId=11565535

 Story Dated: Thursday, October 4, 2012 18:46 hrs IST 

 

Bangalore: Karnataka High Court Thursday adjourned to October 10 the bail petition filed by Abdul Nasser Madani, Kerala-based PDP leader Abdul Nasser Madani, an accused in 2008 Bangalore serial bomb blasts, on health grounds.

Justice H N Nagamohan Das adjourned the petition to October 10 after Special Public Prosecutor H S Chandramouli sought time to file objections to the bail plea and submit medical report on Madani’s health.

On September 26, the Court had ordered issue of notice to the government in the bail petition and directed the Superintendent of Parappana Agrahara Jail, where Madani is lodged, to submit a medical report on his health condition by October 3.

Madani, who was arrested in Kerala on August 17, 2010, and remanded to judicial custody, has been lodged in the ail since then. Madani submitted he was a chronic diabetic, wheelchair dependent with one of his legs having been amputated. He also suffered from cardiac problems, disc prolapse, cervical spondylosis and has been diagnosed with “diabetic retinopathy” (eye ailment).

He pointed out that ever since he was arrested and remanded to judicial custody, no proper medical treatment was given to him for the any of the above ailments.

He submitted that he had already lost vision in his right eye and has only 30 per cent vision in the left eye.

He also said that inspite of directions by the High Court and the Supreme Court, no serious attempt was made to treat him, as a result of which his condition aggravated and he had lost his vision. 

 

 

 

 

TV channel in TRS HQ: HC calls for action

http://ibnlive.in.com/news/tv-channel-in-trs-hq-hc-calls-for-action/297811-60-114.html

Express News Service

The High Court on Wednesday directed the state government to take action in accordance with law against those responsible for airing programmes of a television news channel in ‘Telangana Bhavan’ in violation of the government order.

A division bench of the High Court comprising acting chief justice P C Ghose and justice Vilas V Afzulpurkar while disposing a public interest petition seeking the cancellation of government land allotted to Telangana Rashtra Samithi (TRS) party headed by Mahabubnagar MP K Chandrasekhar Rao. The bench directed the government to act lawfully against the concerned if ‘T’ news channel is being aired from Telangana Bhavan in violation of the prescribed guidelines.

After perusing the government’s counter affidavit wherein it has stated that violation took place on the land meant for TRS party office and that it would take necessary action against the concerned, the bench directed the government to take action as per law.

The bench, however, refused to agree with the petitioner’s counsel request to fix six months’ time frame for the said action. It has directed the government to serve notices to the respondents concerned before initiating any action on the issue. In April 2012, a public interest petition by KCR’s nephew Ch Umesh Rao was filed in the HC seeking cancellation of allotment of one acre land to the TRS and to take the possession of the land on which T Bhavan is located.

 

 

 

 

For ‘third degree torture’, HC issues notices to Patiala SSP, other police officers

http://www.expressindia.com/latest-news/for-third-degree-torture-hc-issues-notices-to-patiala-ssp-other-police-officers/1012096/

RAGHAV OHRI

Posted: Oct 05, 2012 at 0039 hrs IST


Chandigarh For allegedly giving electric shocks on private parts of a 40-year-old and use of third degree torture in police custody, the Punjab and Haryana High Court on Thursday issued notices to the Senior Superintendent of Police (SSP), Patiala.

Notices were also issued to Davinder Singh, Deputy Superintendent of Police; Karnail Singh, Station House Officer, and Gurmeet Singh, Assistant Sub-Inspector (ASI), Police Station, Ghanaur, Patiala.

Contending on behalf of petitioner Balwinder Singh, a resident of Patiala, advocate Navkiran Singh demanded a judicial probe into the “custodial torture”, and sought initiation of criminal action against the errant police officers.

Significantly, an order passed by a lower court of Rajpura clearly states that the police officers had used “third degree torture” on Balwinder. Taking serious note of the multiple injuries on his private parts, a Judicial Magistrate (first class) had on August 24 reprimanded the policemen.

The magistrate was deciding a request of Patiala Police seeking police remand of Balwinder, who was booked on charges of attempt to murder and attack on a public servant on duty. Shocked over the medico legal report (MLR) furnished by the Patiala Police, the magistrate had observed that “all these injuries are fresh in nature which were not present at the time of arrest nor when the accused was remanded to police custody. This clearly shows that police has used third degree torture against accused”. The magistrate had summoned senior police officers to explain the torture.

Significantly, the day Balwinder was taken into police custody (August 22), his first MLR report had read only three minor injuries including abrasion on back and bruise on left shoulder. After the police remand of one day had expired, the second MLR report had read serious and multiple injuries on Balwinder. The magistrate had declined his further police remand.

The counsel for Balwinder had told the magistrate that the accused was taken to police station, Ganda Kheri, and thereafter to CIA Staff, Patiala, where he was subjected to all the third degree torture.

Advocate Navkiran told the High Court that on August 22, Balwinder was going to his village and was carrying Rs 2 lakh. He was stopped at a naka by the police officials who allegedly “snatched” the cash from him. Balwinder entered into an altercation with the police officials following which an FIR was registered against him, alleging that he attacked a police official.

Navkiran requested the court to “mark an enquiry to the Sessions Judge (Vigilance), Haryana, or any other Judicial Authority outside Patiala District”.

He also said that the petitioner should be suitably compensated for the injuries suffered by him in police custody.

 

 

 

 

Amending a schedule doesn’t require President nod: HC

http://timesofindia.indiatimes.com/city/nagpur/Amending-a-schedule-doesnt-require-President-nod-HC/articleshow/16677529.cms

Vaibhav Ganjapure, TNN | Oct 5, 2012, 04.51AM IST

NAGPUR: In an important order, Bombay High Court’s Aurangabad bench has ruled that amending a schedule for making variation in tax levied on vehicles doesn’t require President of India’s nod. “As the Bombay Motor Vehicles Tax Act has been duly enacted with President assent on August 23, 1958, the variation in the rate of tax by amending a schedule does not require his fresh consent. The amendment in schedule cannot be assailed as ultra vires on this ground,” a division bench comprising justices Ambadas Joshi and AV Nirgude ruled before dismissing a PIL filed by Jalna-based Maharashtra Tour and Travels and Bus Owners Association.

Its secretary Rakesh Agrawal has challenged taxation of buses owned by their members, which were “kept for use” and classifying the same in the category of first schedule attached to Bombay Motor Vehicles Tax Act, 1958. He argued that the President’s assent was not secured to carry out amendments for levying additional tax.

“While the basic legislative action of passing the enactment has already received the assent of the President, the amendment in the schedule as to levy is left to subordinate legislation within the power of executive. It would be too imaginative and strange to urge that the power of the executive to vary rate of tax prescribed in the schedule would every time require assent of the President,” the judges said.

They added that buying the vehicle, registering it, and keeping it for use awaiting a contract carriage is a business eventuality. “For any owner to be eligible to apply for permit for contract carriage, the vehicle has to be roadworthy and ready to be “kept for use”. Therefore, taxing such a vehicle is as natural as a postulate. There is no element of violation of fundamental right creeping therein.”

The judges stated it was a contingency that the petitioner did not have business and was unable to have business and hence had not applied for permit and, therefore, they could not run the buses. “This contingency does not bring the vehicles outside sphere of the term “kept for use in State,” the judges said while rejecting petitioner’s prayers.

 

 

 

 

 

2002 Gujarat riots: Dipda Darwaza convicts move HC

http://www.indianexpress.com/news/2002-gujarat-riots-dipda-darwaza-convicts-move-hc/1012269/0

Express news service : Ahmedabad, Fri Oct 05 2012, 04:01 hrs

The 22 accused convicted in the 2002 Dipda Darwaza riot case moved the Gujarat High Court Thursday challenging their sentence awarded by a trial court.

The designated fast-track court in Mehsana had in July sentenced 21 accused to life imprisonment while then Visnagar police inspector M K Patel was convicted of dereliction of duty and was sentenced to one-year imprisonment.

“There are numerous grounds for challenging the lower court’s order. The basis of conviction found by the court is largely based on IPC section 307 (attempt to murder) and not IPC 302 (murder) and 120B (conspiracy). The Special Investigation Team, which investigated the case, couldn’t find evidence of the people supposed to have been killed. Therefore, life imprisonment is not reasonable,” said lawyer Ashish Dagli, who is representing the convicts.

Dagli said the HC has admitted their appeal and the matter is likely to be heard within a week.

The trial court had acquitted 61 accused in the case, giving them benefit of doubt while 10 others were set free as there were no evidence against them. Among those acquitted were Prahalad Gosa, the then BJP MLA from Visnagar, and MT Patel, the then president of Visnagar Municipality.

As many as 11 members of a family were killed in the massacre on February 28, 2002.

Absconding Naroda Patiya convict in net

AHMEDABAD: THE Special Investigation Team (SIT) probing the post-Godhra riots on Thursday arrested Suresh Netalkar alias Suresh Langda, who had been absconding after being convicted in the Naroda Patiya massacre case.

An SIT team nabbed Langda from Nadurbar in Maharashtra, sources said.

Langda was convicted for murder, attempt to murder, rape and conspiracy.

ACP (crime) Nirlipt Rai, who led the SIT team that nabbed Langda, said he was arrested on the orders of the special court, which had issued a non-bailable warrant against him.

Earlier, on August 31, the police had picked up Bhikha Parmar, who had furnished the surety for Langda.

 

 

 

 

Admit blind students, HC tells hostel

http://timesofindia.indiatimes.com/city/delhi/Admit-blind-students-HC-tells-hostel/articleshow/16677501.cms

TNN | Oct 5, 2012, 04.47AM IST

NEW DELHI: The Delhi high court’s intervention has led to admission of two visually impaired girl students getting hostel facility in a government-aided school.

A division bench comprising Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw on Wednesday disposed of a petition by the girls asking the school to extend hostel facilities to them after completion of formalities.

HC was hearing a petition by NGO Social Jurist highlighting lack of hostel to the two girls in Class XI with hostel facility. NGO’s lawyer Ashok Agarwal highlighted that the school had arbitrarily denied admission to the visually impaired students Sita and Ranjana in Class XI with hostel facility in the academic year 2012-13. “The two girls had been studying in the school and also availing of hostel facility in the school since class VI but the school has refused to admit them to Class XI after they completed Class X in violation of their fundamental and human right to education as guaranteed under Article 21 of the Constitution of India”, Agarwal had argued.

When HC had earlier issued notice on the petition the school had agreed to admit the girls but without hostel facility, expressing reservations regarding local guardianship of one of the girls, namely Ranjana, as she had no relatives residing in Delhi. HC then asked the school to allow the girls to attend classes as an interim measure, which the school complied with.

On Wednesday once the mothers of both the girls appeared in court and assured their guardianship the bench disposed of the petition saying the school can now provide hostel since its apprehensions were taken care of.

 

 

 

 

HC asks Jamia to admit girl under sports quota

http://timesofindia.indiatimes.com/city/delhi/HC-asks-Jamia-to-admit-girl-under-sports-quota/articleshow/16677371.cms

Oct 5, 2012, 04.31AM IST

NEW DELHI: Coming to the rescue of a girl who was denied admission under the sports quota, the Delhi high court has directed Jamia Millia Islamia to induct her in their postgraduate degree in mass communication for the academic year 2012-13.

Justice G S Sistani allowed the plea of Bhawana Singh, a state-level rifle shooter, saying she “will be considered eligible in the sports quota, as per notice dated August 3, 2012, published by JMI in which name of the petitioner finds mention”.

HC, however, made it clear that Singh would adhere to the attendance norms of the university and participate in the sports events. It accepted Singh’s plea that as per the prospectus for 2012-13, she had applied under the sports quota but was denied admission on the ground that the course is no longer available under the quota.

 

 

 

 

HC allows Wardha water for power plant

http://www.dnaindia.com/mumbai/report_hc-allows-wardha-water-for-power-plant_1749085

Published: Friday, Oct 5, 2012, 8:42 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA

The thermal power plant in Vidarbha got a major reprieve on Thursday.

The Bombay high court refused to stop the Vidarbha Irrigation Development Corporation (VIDC) from diverting 87.6 million cubic metres (MCM) of water from Upper Wardha Irrigation Project for the thermal project.

The project of Sophia Power, a subsidiary of Indiabulls Limited, is in Amravati district. A division bench of Chief Justice Mohit Shah and justice Niteen Jamdar refused to issue restraining orders after the state assured the court that 328 MCM water will be supplied for irrigation and construction of distribution channels will continue unabated.

The reprieve will only be for the current year because the state informed the court that the distribution was possible due to sufficient rainfall.

The orders were passed while hearing a bunch of petitions filed opposing the project. Additional government pleader PG Lad told the court that the state government was willing to make a statement that 200 MCM water will be supplied for irrigation in Vidarbha.

The quantity, according to the Central Water Commission, will be required to irrigate 75,000 hectare of agricultural land in the region.

Madhav Jamdar, who represented Vidarbha Development Board, however, said that last year VIDC has supplied 328 MCM water from Upper Wardha project for irrigation and if that is reduced to 200 MCM, the situation in the region will only worsen.
He added that 373 farmers from Vidarbha have committed suicide in the the last one year.

In May, the department of industries signed a Memorandum of Understanding with Indiabulls Limited, agreeing to supply 87.6 MCM water for the thermal po wer project from Upper Wardha Irrigation Project.

The decision not only faced steep opposition from the local farming community and political leadership but also raked the old issue of backlog of development in the region, where more than 1,000 farmers have committed suicide in the last decade.

The Society for Backlog Removal and Development, Amravati, an organisation of locals and some other individuals have filed petitions challenging the decision to allocate 87.6 MCM water from the irrigation project for the upcoming thermal power plant.
The society comprises social and political activists and claims to represent the farming community in Vidharbha region.

 

 

 

 

HC notice to govt on land allotment

http://www.dnaindia.com/bangalore/report_hc-notice-to-govt-on-land-allotment_1749115

Published: Friday, Oct 5, 2012, 9:41 IST
By DNA Correspondent | Place: Bangalore

The high court on Thursday restrained the state government and the BBMP from making any construction or allotment at survey number 7 in Hosakerehalli village in Uttarahalli South taluk. It also issued notices to Rajarajeshwarinagar MLA M Srinivas and the state government in this regard.

YH Srinivas filed a public interest litigation in the high court, alleging that on June 10, 2010, MLA M Srinivas sent an application to the chief minister asking for allotment of land in survey number 7 measuring 7 acres in Hosakerehalli village in Uttarahalli South taluk, stating that citizens in his ward wanted to build a park and a bus stand in the government land.

On November 28, 2011, Srinivas asked DC, Bangalore urban, to release Rs50 lakh from MLA’s quota towards the development of the land and to get the work done through BBMP.

On February 3, 2012, the assistant revenue officer issued a letter to Karnataka Rural Infrastructure Development to utilise Rs50 lakh from the MLA fund for the development of survey number 7 into a residential layout for allotment of sites without the sanction plan from the authorities concerned. On September 21, 2012 construction started after naming the land as Srinivas Nagar. Construction of the residential layout using tax payers money is illegal, the petitioner contended.

Let Chawla help: HC
The high court on Thursday directed the state government to make Rajeev Chawla, principal secretary, department of public enterprises, to be part of a project to design and install a software to prevent registration of sites in unauthorised layouts in Bangalore and surrounding areas.

Chawla, who was formerly with the revenue department as principal secretary, Bhoomi and Urban Property Ownership Records, was present in the court during hearing on September 27, 2012. He said the state government can use IT infrastructure to end formation of unauthorised layouts around the city and alienation of sites in such layouts already formed. The court then directed Chawla to prepare a report. Chawla filed his report in the high court on Thursday.

In the report Chawla said the legal framework that can be used to control illegal layouts is already in place as per the circular issued by the revenue department on April 6, 2009. “An appropriate software has to be designed and installed in civic bodies like the BBMP, gram panchayats and sub-registrar offices to implement the circular. The software has to be used by offices for the generation of khata certificates. Khata certificates should get uploaded on the internet thought official websites. The software would then be able to check the legality of the site. After registration, khata certificates should be electronically made available to the town planning authority and tahsildar to confirm the content of the certificate. The development of the software will not take more than a month. No additional hardware would be required at the offices as these offices already have the required IT infrastructure,” he stated in the report.

HC asks Tirumala trust to demolish building
The high court asked Tirumala Education Trust (TET) located in Chikka Adugodi to demolish the 4th and 5th floors of the trust building in 10 days starting from Friday since it is constructed in violation of building by-laws.

 

 

 

HC makes guv respondent in PIL on BNMU

http://timesofindia.indiatimes.com/city/patna/HC-makes-guv-respondent-in-PIL-on-BNMU/articleshow/16678276.cms

TNN | Oct 5, 2012, 06.18AM IST

PATNA: Patna high court on Thursday issued directive to make the chancellor of the universities respondent in a PIL challenging his order to stay the senate meeting of B N Mandal University, Madhepura, which was scheduled to elect two senate members from teachers’ constituency to the university syndicate.

A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh passed the order on a PIL of Sachchidanand Yadav.

The petitioner’s counsel, Rajendra Prasad Singh, submitted that under provisions of Bihar State Universities Act, the chancellor had no jurisdiction to stay the meeting to elect syndicate members from a senate-teacher constituency.

PIL on waterlogging: The same bench directed the Danapur Nagar Parishad to solve the waterlogging problem in the colonies located on both sides of Bailey Road, from Rupaspur Mor to Saguna Mor, in Patna and file an action-taken report. The order was passed on a PIL of Nawal Kishore Upadhyaya. The judges observed that if waterlogging problem was not solved in the area, a lawyers’ committee would be constituted to monitor the work to clear the water accumulated in these areas.

Directive to SSC: A single bench of Justice P C Verma directed the Staff Selection Commission to delete 10 questions in re-evaluation of the paper for preliminary test (PT) for the posts of secretariat assistant and block supervisor as the commission had, in its counter-affidavit, admitted discrepancies. The petitioner, Suresh Paswan, a candidate for the post of secretariat assistant, submitted that there were discrepancies in 18 questions and at least 10 model answers were wrong. Three questions were incomplete, he submitted.

The petitioner’s counsel, Dinu Kumar and Arvind Sharma, challenged the commission for re-evaluating the answers during pendency of the writ petition. The petitioner sought CBI probe and holding of a fresh PT.

Govt lawyers: The state government’s standing counsel (SCs) and government pleaders (GPs) in the high court on Thursday were concerned over the state law department’s decision to raise the fee of part-time clerks of the advocate general, Bihar, to Rs 7,500 per month which is higher than a retainer’s fee (Rs 7,000) of the SCs and GPs. They were also angry over the raising of fee payable to the APPs to Rs 1,200 per case while the SCs and GPs were given only Rs 1,100 per case.

 

 

 

 

HC quashes FIR against director Sanjay Gupta

http://timesofindia.indiatimes.com/entertainment/bollywood/news-interviews/HC-quashes-FIR-against-director-Sanjay-Gupta/articleshow/16679941.cms

VICKEY LALWANI, Mumbai Mirror | Oct 5, 2012, 09.40AM IST

In March this year, the police had registered an FIR against him for cheating and forgery. However, the latest being the Bombay High Court has quashed the police complaint against filmmaker Sanjay Gupta, implying the case against him stands dismissed.

Gupta, who is busy wielding the megaphone for Ekta Kapoor’s Shootout At Wadala, had been booked by the Versova police for misusing the office of the Mumbai Police Commissioner on an invitation card promoting his film.

The card bore the rubber stamp of the Mumbai Police Commissioner’s office and said he would be present at the film’s launch and would speak about the city’s crime record.

At the time, Gupta had been booked under various sections of the IPC for forging the letterhead of the Mumbai Police Commissioner in media invites sent out for a press conference. He had been issued summons, asking him to present himself within 48 hours to explain his side of the story and find out how people had been involved in making and distribution of the invite.

After the Sessions Court had rejected Gupta’s plea for anticipatory bail on March 5, the filmmaker had approached the Bombay High Court which then granted him anticipatory bail, observing the police had shown ‘over enthusiasm’ in registering the case.

Gupta had claimed his creative team designed the invite but it wasn’t the Police Commissioner’s name on it; rather that of the man playing the commissioner in the film. The filmmaker had also maintained there had been a disclaimer on the card.

When contacted yesterday, Gupta sounded relieved. He said, “The bother is over.” His lawyer Ameet Naik told us,”Gupta had not committed a criminal offence. Which is why the FIR in question was quashed. What more can I say?”

 

 

 

 

HC moved for stopping state from joining National Eligibility cum Entrance Test

http://timesofindia.indiatimes.com/city/nagpur/HC-moved-for-stopping-state-from-joining-National-Eligibility-cum-Entrance-Test/articleshow/16677246.cms

TNN | Oct 5, 2012, 04.16AM IST

NAGPUR: A social worker has knocked the judiciary’s doors seeking cancellation of Maharashtra government’s notifications for joining National Eligibility cum Entrance Test (NEET 2013), the overarching premedical entrance replacing the state-level examinations. Shrikant Khandalkar is the counsel for the petitioner.

Mohan Karemore, who had filed several PILs, stated that junior colleges in Maharashtra are conducting education primarily in English, Marathi and Urdu mediums. He contended that till this year, the state Directorate of Medical Education and Research ( DMER) used to conduct MHT-CET for admission to medical and engineering courses in three languages – English, Hindi Marathi and Urdu. However, the Medical Council of India (MCI) has decided to conduct NEET on May 12 next year in English and Hindi languages only.

He argued that candidates from states like Andhra Pradesh, Tamil Nadu, Gujarat and West Bengal were allowed to opt for question paper in their respective state languages but same facility was not allowed for those in Maharashtra. He further that it will result in a big loss to the students pursuing education in Marathi and Urdu mediums. He termed the state government’s attitude towards medical students as discriminatory and its depriving the minority students.

Karemore demanded setting aside of state government’s notifications of September 12 and 17 to join NEET for the admissions to ayurveda, unani, homeopathy, nursing and other courses. He further insisted on allowing the medical aspirants from Maharashtra to opt for question paper in Marathi and Urdu like allowed for other states. He further sought fulfilling 70% quota for the Vidarbha region in colleges in this area.

 

 

 

 

 

HC awards man life term for murder

http://timesofindia.indiatimes.com/city/chandigarh/HC-awards-man-life-term-for-murder/articleshow/16678317.cms

TNN | Oct 5, 2012, 06.23AM IST

SHIMLA: Turning down the plea of insanity that had led to acquittal of a murder accused by the trial court, the Himachal Pradesh high court on Thursday awarded life sentence after holding the accused guilty of murder.

Sessions court, Shimla, in its May 29, 2004 judgment had acquitted Rajinder Singh for the murder of Madan Singh, whose naked body with head and face smashed with a stone was found near a shop in Deed village of Theog division on May 7, 2003.

The shopkeeper, Balak Ram, a key prosecution witness, had informed the court that Rajinder Singh and Madan had entered into a drunken brawl. He then rushed to his home to call up the victim’s family about the fight. However, when he came back, he found Madan’s naked body in a pool of blood.

The accused was caught hiding at some distance from his residence, the following day. On being medically examined, Madan was charged with murder.

However, the “Trial court acquitted the accused, mainly on the grounds, that there was no eye-witness and this was a case of circumstantial evidence, the circumstances had not been proved and linked in such a fashion that it would lead to irresistible conclusion that it was the accused alone who had committed the murder.”

Before awarding life term to the accused, the high court division bench of Justice Deepak Gupta and Justice Rajiv Sharma observed that though the main defence of the accused was insanity, there was no evidence to prove the fact that he was insane.

The accused was married, had children, worked with other family. Only on one occasion was the accused treated by a doctor, who had not made a clear cut diagnosis.

“In view of these circumstances, we are of the considered opinion that the trial court gravely erred in giving the accused benefit of Section 84 of IPC,” the judges observed before convicting the accused in a judgment delivered on September 17.

On Thursday, the convict was produced before the court for quantum of sentence and the judges pronounced a rigorous imprisonment for life.

 

 

 

 

 

HC’s stay order halts Noida housing projects

http://timesofindia.indiatimes.com/city/noida/HCs-stay-order-halts-Noida-housing-projects/articleshow/16677550.cms

Vandana Keelor & Ayaskant Das, TNN | Oct 5, 2012, 04.52AM IST

NOIDA: Construction work in residential projects spread over six hectares of land in Sectors 75 and 120 of Noida have come to a standstill following a stay order imposed by the Allahabad high court. The stay order was granted upon a petition filed by more than 50 farmers from the neighbouring Sarfabad village. The farmers have alleged that their land was allotted to real estate developers by Noida Authority without duly completing the acquisition process.

The high court has granted two weeks for the Noida Authority to submit its reply. The next date of hearing has not yet been fixed, but the court said that it would be indicated within three weeks.

The petition filed by the farmers states that 6.7260 hectares land had been notified for acquisition by Noida Authority under Sections 4 and 17 of the Land Acquisition Act on April 7, 2011, but even before the process was completed, the Authority leased the land to various developers who have begun construction activities. The land comprises 11 khasras in Sarfabad village.

Farmers have demanded cancellation of lease deeds of private developers with the Authority and have also sought their land back. They have also demanded quashing of the acquisition procedure by revoking Section 4 of the acquisition Act. “As per law, the final award should have been completed within a year of imposing Section 4, failing which the notification stands suspended,” said Amrita Rai, counsel for the farmers.

Prominent builders developing housing projects remained tight-lipped about the extent to which to the order would affect their projects. Meanwhile, the counsel for the petitioners said that even though the court has ordered halt of construction activity only across the land belonging to the petitioners, the order would affect “nearly 120 hectares of land, which is currently in the possession of more than six builders”.

As per sources in the real estate industry, nearly 10,000 dwelling units are under construction in several projects estimated to be worth more than Rs 5,000 crore, which could be at stake due to the court order. The Authority said that land on which the order has been passed pertains to no more than 500 sqm. Officials said they had not yet received a copy of the court order and would “study its implications in detail” once it reaches them.

 

 

 

 

HC asks state govt to take final call on retrenchment of teachers

http://www.indianexpress.com/news/hc-asks-state-govt-to-take-final-call-on-retrenchment-of-teachers/1012235/0

Express news service : Fri Oct 05 2012, 03:08 hrs

The Bombay High Court on Thursday asked the state government to take the final decision in three weeks on the issue of retrenchment of teachers from government-aided private special schools across the state.

The staffing pattern in special schools across the state that enforced in 1997 was changed through a government resolution (GR) of August 18, 2004. This led to many teachers becoming surplus. In 2006, aggrieved teachers moved the High Court against the GR. The case was referred to a high-power committee. The committee had recommended that the surplus staff be retrenched and kept on a waiting list to be employed when posts are available.

Assistant Government Pleader V S Gokhale, however, said the recommendation of the committee was not implemented by the government and no teacher retrenched.

In all, 3,961 teachers of various special schools in the state had moved court against the government decision. Gokhale said their action was propelled by apprehensions that the government may retrench them.

The court was told that after the high-power committee’s decision on June 15, 2011, no decision has been taken by the state government.

Justice A M Khanwilkar and Justice V K Tahilramani told the state government that the earlier order of the High Court did not restrain the government from taking the final decision in the case. The court said that the government should not have wasted so much time. It could have sought the court’s permission if it wanted to implement its decision.

“We want you to take the final decision,” the court told the government and adjourned the case by three weeks.

 

 

 

 

Debts Recovery Tribunal directs DCHL not to alienate assets

http://timesofindia.indiatimes.com/city/hyderabad/Debts-Recovery-Tribunal-directs-DCHL-not-to-alienate-assets/articleshow/16675669.cms

TNN | Oct 5, 2012, 01.01AM IST

The Debts Recovery Tribunal (DRT) here on Thursday directed Deccan Chronicle Holdings Ltd (DCHL) not to alienate its immovable assets until further orders. This was in response to the petition filed by Kotak Mahindra bank which wanted the tribunal to ensure the recovery of the Rs 100 crore loan it gave to DCHL. When the repayment was not made even after the due date and when it came to know that some of the key assets of the group were being sold, the bank knocked the doors of DRT.

The tribunal in its order also directed DCHL promoters T Venkattram Reddy, Vinayak Ravi Reddy and P K Iyer, who stood as guarantors, not to alienate the properties mortgaged for the loan. Similarly, Nagarjuna Hotels and Travels, another company which stood as the guarantor, too was directed not to sell the properties under mortgage. tnn

The presiding officer K Sai Mohan also directed the DCHL to maintain status quo in respect of the movable assets of the company until further orders.

Earlier, the DCHL promoters gave written undertaking to the tribunal that they will not alienate their properties mentioned in the Kotak Mahindra petition till the matter is settled.

 

 

 

 

Over 43L cases pending before high courts

http://timesofindia.indiatimes.com/india/Over-43L-cases-pending-before-high-courts/articleshow/16676877.cms

Himanshi Dhawan, TNN | Oct 5, 2012, 03.28AM IST

NEW DELHI: The wait for justice is likely to be longest if you file a court case in Uttar Pradesh or Tamil Nadu. There are 10 lakh cases pending before the Allahabad high court followed by 4.7 lakh cases in Madras HC.

The Allahabad HC suffers from the double whammy of having the highest number of vacancies of judges as well. Of the 262 judges required in the Supreme Court and HCs across the country, 74 vacancies are in Allahabad.

Data given in response to an RTI application filed by Uttar Pradesh resident Kush Kalra showed that 43.22 lakh cases were pending before the country’s high courts as on December 2011. Incidentally, the government in a Parliament reply had admitted that there were 3.2 crore cases pending before HCs and subordinate courts across the country last year.

The law ministry said the total approved strength of 21 high courts and the Supreme Court was 895.

There were 262 vacancies, led by Allahabad HC with 74 followed by 27 in Punjab and Haryana HC and 18 in Bombay HC. The SC has four vacancies for judges against an approved strength of 31 positions as on July 2012. Other states with high vacancies include Andhra Pradesh (16), Himachal Pradesh (13) and Delhi (12).

Incidentally, the US has a total vacancy of 77 positions in all its courts including the courts of appeal, district courts and courts of international trade.

According to information given by the law ministry as on December 2011, of the 43.22 lakh cases pending before all high courts, 33.69 lakh were civil cases. High courts with the highest number of cases before them were Allahabad with 10 lakh cases, Madras with 4.6 lakh, Bombay with 3.6 lakh and Calcutta with 3.4 lakh cases.

The government recently approved setting up of ‘National Mission for Justice Delivery and Legal Reforms’ that is aimed at increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. However, the impact of this project is still to be effectively felt.

 

 

 

 

“Karnataka should release 48 tmcft of water”

http://www.thehindu.com/news/states/tamil-nadu/karnataka-should-release-48-tmcft-of-water/article3964843.ece

T. Ramakrishnan

The release will meet shortfall suffered by the State during this year’s southwest monsoon (June-September)

Tamil Nadu on Thursday presented a forceful case to the visiting Central team that it should immediately be provided at least 48 thousand million cubic feet (tmc ft) of Cauvery water by Karnataka under a distress sharing formula evolved by the Central Water Commission (CWC).

The release will meet the shortfall suffered by the State during this year’s southwest monsoon (June-September), say sources.

This point was made at a meeting at the Secretariat between the officials of the Central government, led by Union Water Resources Secretary Dhruv Vijai Singh, and a group of State government officials, including Chief Secretary Debendranath Sarangi and Public Works Secretary M. Saikumar.

Another point raised by the Tamil Nadu team was that Karnataka should release water hereafter as per the interim order of the Cauvery Water Disputes Tribunal. If this were to be fulfilled, Karnataka has to release 68 tmc ft more.

Of the total quantity of 205 tmc ft prescribed by the Tribunal for a water year (June-May), the period of southwest monsoon (June-September) accounts for 137 tmc ft; northeast monsoon (October-December) – 56.59 tmc ft; winter (January-February) – 4.68 tmc ft and summer (March-May) – 6.73 tmc ft.

The demand of Tamil Nadu for not sticking to the distress sharing formula in the coming months is based on the premise that this year’s northeast monsoon is expected to be normal.

The State also briefed the Centre regarding requirements of farmers in the Cauvery delta. Even as per a conservative estimate, the quantity of water required would be around 150 tmc ft.

Mr. Singh, who later left for Bangalore, told reporters that though he would not be visiting the delta, some of his colleagues would go there. A report would be ready in four days. The sources said the sub-group of the Centre would begin its trip with a visit to the Mettur dam on Friday. A chief engineer of the CWC is part of the team.

On Thursday morning, the water level at Mettur stood at 71.47 ft (full level: 120 ft) with a storage of 34.33 tmc ft (capacity: 93.47 tmc ft). The inflow was 10,019 cubic feet per second (cusecs) and the discharge 14,706 cusecs.

The Cauvery Monitoring Committee, headed by Mr Singh, would hold its meeting on October 11 instead of the originally scheduled date of October 8, the sources added. The Committee, consisting of Chief Secretaries and Chief Engineers of the basin States and CWC Chairman as members, is meant to assist the Cauvery River Authority (CRA) in decision making.

Bid to block trains

Tiruchi Bureau writes:

Hundreds of members of political parties and farmers’ organisations were taken into custody on Thursday when they attempted to block trains at various railway stations in delta districts demanding release of two tmcft of water in Cauvery daily by Karnataka. The protest was held under the banner of ‘Cauvery Urimai Meetpu Kuzhu’ (Cauvery Rights Retrieval Committee)

The agitators demanded gazetting of the Cauvery River Water Disputes Tribunal’s final award. According to the farmers, Karnataka must be compelled to release water under a distress sharing formula for the period up to September 15.

The committee was formed by Marumalarchi Dravida Munnetra Kazhagam (MDMK), Nam Thamizhar Katchi, Thamizh Desa Poduvudamaikatchi, Thamizhaga Vivasayigal Sangam and Puthiya Thamizhagam, among others.

A total of 513 persons, including six women were arrested in Thanjavur district when they tried to stop trains at 18 centres.

At Ayanavaram near Thanjavur, nearly 120 persons including women tried to stop the Mayiladuthurai-Tiruchi passenger in the morning. They were taken into custody. At Budalur railway station, members of these parties tried to stop the same train and arrested by the police.

Rail roko was held at Thanjavur, Kumbakonam and 14 other centres in the district.

Tiruvarur

A total of 398 people were arrested by the police when they tried to stop trains at various places in the district. The members tried to stop the trains at Tiruvarur, Thiruthuraipoondi and Needamangalam railway stations too and were arrested.

Nagapattinam

At Nagapattinam, cadres of MDMK and Naam Tamizhar Iyyakkam staged blockades in front of the Tiruchi-Karaikal passenger and Nagapattinam-Velankanni passenger.

Ernakulam-Karaikal express faced the brunt after a prolonged delay caused by blockade in Thanjavur followed by its blockade yet again here at the Nagapattinam station. Similarly, farmers blocked trains in Sirkazhi and Mayiladuthurai stations.

In Mayiladuturai, the protesters called for conferring larger powers on the CRA, and demanded that linguistic jingoism be marginalised from the discourse. According to Arupathy Kalyanam, all political outfits in Karnataka had called for a bandh on October 6, vitiating the atmosphere.

Tiruchi

More than 100 members of various political parties and farmers associations were taken into custody at Srirangam railway station when they tried to block the Chennai — Guruvayur express. They were led by A. Malarmannan, Tiruchi urban district secretary of the MDMK.

Aarupathi P. Kalyanam, general secretary of the Federation of the Farmers Associations of the Delta Districts, lamented that Karnataka had been violating constitutional propriety by refusing to release water to Tamil Nadu despite the directions of the Cauvery River Authority and also the Supreme Court. “It is behaving as if it is an independent nation forgetting that we are in a federal set-up in which international conventions should be applied in case of riparian rights.”

Mr. Kalyanam said that it had become the “monotonous practice” of Karnataka to treat Tamil Nadu only as “drainage”.

“It is unfortunate it is not ready for any distress sharing”, he said. He has urged the Central Government to deploy the Army to release water to Tamil Nadu.

 

 

 

 

Tamil movie restores lost son to family

http://www.asianage.com/india/tamil-movie-restores-lost-son-family-424

Oct 05, 2012 – Pramila Krishnan |

Such scripts are written only for Kollywood. Believe it or not, critically acclaimed movie Vazhakku Enn 18/9, telecast on a TV channel as a Vinayaga Chaturdhi special, stunned a Tiruppur family as the kid acting as the heroine’s retarded neighbour turned out to be their mentally challenged boy missing for six years.

Knitwear mill worker Loganathan and wife Manjula rushed to Chennai and traced the movie’s director Balaji Sakthivel, who led them to a government home for mentally challenged kids, where the tearful reunion happened on Thursday.

“Anbu is leaving our home now, restored to his parents who brought his childhood pictures, birth certificate and the ration card to prove he is their child”, state child welfare committee (CWC) chairperson Agnes Shanthi said.

The boy, now 12, had been living at the government Balavihar home in Egmore since 2006 after volunteers found him crying at some Chennai roadside.

The family was on a holiday in Chennai and the kid strayed away. After a fruitless search, they returned broken-hearted.

“He was barely six and mentally retarded. The fear that he might have been picked up by some beggars’ mafia traumatised us. Pillaiyar on his birthday (Chaturdi) brought our kid’s film before our eyes.

Our daughter Kavitha is taking big efforts to welcome her kid brother”, Loganathan told DC. He said he would try to admit Anbu in a school for special kids and ensure his happiness.

CWC member Sheila Charles is doubly happy because she was on the censor panel that had cleared Vazhakku Enn 18/9.

“Anbu’s was a touching role in the film. I felt it would inspire positive response from the audience but never imagined it would reunite the kid with his family”, she said.

Film director Balaji said he felt as if he had received an Oscar when the parents approached him for help to locate Anbu. Over 500 children are rescued by the CWC in a year and about half of them get restored to families.

 

 

 

 

Gadkari sought central funds

http://www.indianexpress.com/news/gadkari-sought-central-funds/1012078/0

Vivek Deshpande : Nagpur, Fri Oct 05 2012, 00:25 hrs

BJP president Nitin Gadkari wrote to Union Water Resources Minister Pawan Bansal in July this year to push for the release of central funds for contractors of an irrigation project declared as seriously flawed by India’s premier water resources technical organisation.

The Gosikhurd project, the biggest in drought-prone Vidarbha, is at the centre of the irrigation controversy that resulted in the resignation of Maharashtra deputy CM Ajit Pawar last week. The BJP has been part of the loud chorus against the alleged irrigation “scam”.

On July 30, four months after an inspection by Central Water Commission (CWC) chairman R C Jha detected several major construction flaws in the dam, Gadkari wrote to Bansal saying all objections had been clarified, no issues were pending, and central funds should, therefore, be released to the contractors.

“The report (of Special Audit, AG II, Maharashtra) was discussed in the meeting of high-powered committee where the state officers gave clarifications to all objections and stated that allegations made in the complaints carried no basis,” Gadkari wrote. “The project was sanctioned Rs 777.61 crore as second installment for 2010-11. The continuation proposal of Rs 1,295 for 2011-12 was submitted to CWC. As all actions were taken by state government, no new issues are now pending… CWC and Secretary, Ministry of Water Resources have also strongly recommended the continuation proposal. Chairman CWC also carried inspection. If any rectification is needed due to bad quality of work, it will be carried out at the risk and cost of the contractor, not using the national fund.

“All issues were discussed in a meeting of the steering committee on May 14 and it was decided to release Central assistance… (But) It is learnt that some persons again approached Joint Secretary (Finance) and made fresh complaints. Therefore, even after… two and half months, the Finance Department hasn’t released funds.

“Due to non-payment of these dues, the contractors stop their works. This may delay the programme and creation of irrigation potential. Presently, a liability of about Rs 400 crore is pending. It is requested to recommend the project to receive funds for 2011-12 as proposed by state government… at the earliest,” Gadkari wrote.

On Thursday, Gadkari stood by his letter to Bansal. “I did write a letter to Bansal and will write 10 more… It was done in the interest of the farmers of Maharashtra, to prevent farmer suicides in Vidarbha.”

BJP spokesperson Prakash Javedekar said “it is clear that no contractor’s name is mentioned in the letter”, and that “the issue is that a central government project is pending and it should be completed”. Congress leader Digvijaya Singh described the BJP chief as “more of a businessman than a politician”. “It is clear that he (Gadkari) was interested in contractors getting their money which they don’t deserve,” Singh said.

Minister Bansal said Gadkari had written “two to three letters” saying the project was important for the region. with PTI

 

 

 

Tribunal sets aside SEBI’s Rs 14-cr penalty order on 2

http://www.thehindubusinessline.com/markets/stock-markets/article3965323.ece?homepage=true&ref=wl_home

Our Bureau

Mumbai, Oct. 4: 

The Securities Appellate Tribunal has set aside the order passed against Dushyant Natwarlal Dalal and Puloma Dalal in the IPO scam and sent the case back to the adjudicating officer for fresh consideration.

The Securities and Exchange Board of India had slapped a fine of Rs 14 crore on the two chartered accountants in June last year for alleged unlawful gains made during the IPO scam of 2003-05.

The two had been accused of making unlawful gains of over Rs 4.94 crore by cornering shares of various companies meant for retail individual investors and the penalty is three times of the amount.

The SAT order said that the adjudicating officer to consider the relevance of certain new documents that the appellants — Dushyant Natwarlal Dalal and Puloma Dalal — said was necessary to inspect.

Apart from this, the order has also asked the adjudicating officer to cross-examine the witnesses, Budhwani and Kakadia, who were the key operators.

sneha.p@thehindu.co.in

 

 

 

 

12 yrs after father died in mishap, woman gets compensation

http://timesofindia.indiatimes.com/city/mumbai/12-yrs-after-father-died-in-mishap-woman-gets-compensation/articleshow/16678461.cms

Nitin Yeshwantrao, TNN | Oct 5, 2012, 06.41AM IST

THANE: Twelve years after a road accident orphaned Dakshati Jain, the Dombivli girl was awarded a Rs 12 lakh compensation by the Thane Motor Accidents Claims Tribunal after a long battle with the insurance firm and the proprietor of the truck which killed her father.

Jain was nine-year-old in April 2000 when her father, Rajkumar Jain (35) died in an accident on Mhape-Turbhe Road. His vehicle reportedly collided head-on with a speeding truck. The police had registered an accident case against the truck driver and charged him for rash and negligent driving.

The girl had lost her mother in 1999 and was left in the care of her maternal grandparents, who were dependent. Relatives and well-wishers extended support and decided to seek justice.

Advocate DB Mhatre, representing Jain, filed a case against National Insurance Company and truck proprietor M Sagar. Mhatre said the deceased earned Rs 10,000 monthly from his chemical business. He sought Rs 15 lakh compensation collectively from the insurance firm and the transporter

Judge B P Patil gave a patient hearing and

said the truck driver was responsible for the death and calculated the deceased’s annul income at Rs 56,000 to decide on the compensation for the girl.

As he was young at the time of his death, the tribunal calculated his annual income for the next 15 years and arrived at a figure of Rs 8.40 lakh to be given as compensation

. Besides, Rs 2,000 towards funeral expenses and another Rs 5,000 was towards the loss of a dear family member were awarded. The tribunal slapped an annual interest at the rate of 7% on the compensation till the date of realization, taking the total amount to nearly Rs 12 lakh.

However, the orders were passed ex parte as the firm and the transporter were not present. The orders were not complied by either of the parties. Jain’s relatives sought attachment of the offices of the insurance firm and the transporter.

The insurance firm then deposited the money and said it be locked up with the court. Advocate S C Bodulla, representing Jain, argued against itand pointed out that it was mere harassment as the insurance firm had no intentions to make the payments even after the girl had suffered worst tragedy.

Judge S Kulkarni ordered immediate release of funds, of which 10% will go to her guardians and remaining in a fixed deposit in Dakshati Jain’s name.

 

 

 

 

Info panel resumes work today

http://timesofindia.indiatimes.com/city/mumbai/Info-panel-resumes-work-today/articleshow/16679115.cms

TNN | Oct 5, 2012, 08.00AM IST

MUMBAI: The full bench of the state information commission, presided over by its chief Ratnakar Gaikwad, on Thursday decided to resume work with immediate effect.

“Following the apex court verdict on September 14, we stopped work. On Thursday, all the commissioners met to discuss the pros and cons of the Supreme Court order. We unanimously decided to resume work with immediate effect. Accordingly, most of the information commissioners in the state will start hearing appeals from Friday,” Gaikwad told TOI.

On September 14, the apex court observed that as the commission’s work was judicial and quasi-judicial in nature, it should be headed either by a retired chief justice of the high court or that of Supreme Court and the panel bench should have two members, one from the judiciary and the other an expert member. Further, the apex court had also stated that the Chief Information Commissioner (CIC) and the information commissioners required legal acumen and expertise in law. to meet the ends of justice, as such the CIC should have a judicial back ground and the commissioner should be an expert.

The SC asked the Centre to suitably amend the RTI Act for the purpose.

Ever since the SC order was passed, confusion reigned not only in Maharashtra but also in most of the other states on the legal validity of the existing information commissions and if they could continue disposing of appeals. Questions were raised on the possibility of appointing retired SC judges to head the commission, since the retirement age of such a judge was 65, same as that of the CIC. In view of the order, the CIC took up the issue with the state government and the department of personnel and training.

“We sought advice from the government and DoPT on whether we should continue hearing appeals or wait for instructions from the Centre. Since neither the state nor the department

sent any response, it was unanimously decided to resume hearing of appeals with immediate effect,” a senior official said. About the legal aspects of the order, the official said, it was decided that unless Centre gave instructions, there was no need for the state commission to halt the on-going proceedings.

“We decided to wait since neither the state nor the Maharashtra CIC was party to the litigation before the apex court,” he said.

A government official said in such orders, the usually Centre sent an advisory on the future course of action. “So far, we have no instructions.

We have sought opinion of our advocate general.

We have been told that the Centre is filing a review petition before the apex court and we should wait for the outcome,” he said.

 

 

 

 

Cine association opposes Central Circuit Cine Association’s decision

http://timesofindia.indiatimes.com/city/indore/Cine-association-opposes-Central-Circuit-Cine-Associations-decision/articleshow/16677813.cms

Kumud Das, TNN | Oct 5, 2012, 05.23AM IST

INDORE: The Central Circuit Cine Association (CCCA) has gone to the appellate authority of Competition Commission of India against its decision saying that the association should not compel any producer, distributor or exhibitor to become its member as a pre-condition for exhibition of their films in the territories under their control and modify their rules accordingly. The hearing will take place on October 17.

CCCA feels that the CCI’s decision would favour the interests of corporate houses like Eros International and Reliance Entertainment, marring the interest of various associations in the industry that are active in different parts of the country, including CCCA which covers states like Madhya Pradesh, Chhattisgarh, Rajasthan, Vidarbha & Khandesh regions in Maharashtra.

While Reliance Entertainment’s film, ‘Makkhi’ will be hitting the silver screen on October 12, Eros is releasing Prakash Jha’s ‘Chakravyuh’ on 25 October.

Talking to ToI, president of CCCA, Santosh Singh Jain said, “CCCA is committed to work for rational and integrated growth of the film industry in our central circuit and in the country. Making them (associations) a party and issuing the orders is not their (CCI’s) part of job. All the remaining seven associations in the industry are with us on the issue.”

“In fact, the association has imposed pre-mature telecasting penalty on a few of the corporate houses for their alleged violation of self regulation Act, which was reached between producers and film distribution associations and they have paid the amount, which comes to Rs 2.5 lakh in each case, in time. As per the act, film producers will not telecast any film before 12 months of its release, so that distributor can cover his investment from theatrical release”, said Jain, who turns 92 on Friday and who has been elected as CCCA president for record 43 years.

Jitendra Jain, general secretary, CCCI, said, “They (CCI) want to weaken the associations by such act. By not making registration of pictures mandatory with associations before their release will hit the interest of the distributors and exhibitors too.”

Interestingly, both the corporate houses, Eros and Reliance, have renewed their membership with the relevant association even after the CCI’s order became effective, said a person familiar with the development.

 

 

 

 

Govt clears tripartite agreement for operationalising IDF

http://zeenews.india.com/business/news/economy/govt-clears-tripartite-agreement-for-operationalising-idf_61712.html

Last Updated: Thursday, October 04, 2012, 22:44

And, therefore, we hope that more debt funds will be available for infra projects,” Chidambaram said.

Rating agency Crisil said the immediate opportunity for IDF-NBFCs to be nearly Rs 20,000 crore.

The IDF, which was proposed in the Union Budget for 2011-12 fiscal, is aimed at accelerating and enhancing flow of long term debt for funding the ambitious programme of infrastructure development in the country.

An IDF may be set up either as a trust or company… A trust based IDF (Mutual Fund) would be regulated by Sebi, while an IDF set up as a company (NBFC) would be regulated by the RBI.

The fund would try to garner resources from domestic and off-shore institutional investors, especially insurance and pension funds. Banks and financial institutions would be allowed to sponsor IDFs.

An NBFCs with a minimum capital of Rs 150 crore can set up an IDF. Such a fund would be allowed to raise resources through rupee or dollar denominated bonds of minimum five-year maturity. These bonds could be traded among the domestic and foreign investors.

Company based IDFs would be allowed to fund projects in public-private partnership (PPP) which have completed one year of commercial operations.

As regards the trust-based IDFs, the fund could be sponsored by a regulated financial sector domestic entity. It would have to invest 90 percent of its assets in the debt securities of infrastructure companies or SPVs across all infrastructure sectors.

Minimum investment by trust-based IDF would be Rs 1 crore with Rs 10 lakh as minimum size of the unit.

The requirement of infrastructure fund in the 12th Plan (2012-17) has been pegged at USD 1 trillion.

PTI

First Published: Thursday, October 04, 2012, 22:44

 

 

 

 

COMPAT gives CCI time to modify sale agreement in DLF case

http://www.indianexpress.com/news/compat-gives-cci-time-to-modify-sale-agreement-in-dlf-case/1011963/

Agencies : New Delhi, Thu Oct 04 2012, 20:08 hrs

Fair trade regulator CCI today sought more time from the Competition Appellate Tribunal (COMPAT) to complete draft modifications in the sale agreement between realty major DLF and flat owners of two of its housing projects at Gurgaon — DLF Park Palace and The Belaire.

Accepting the request, a COMPAT bench — headed by Chairman Justice V S Sirpurkar — adjourned the matter to November 21.

On July 18, COMPAT had directed the CCI to complete the process of modifying draft sale agreement by the end of September by giving “top priority to this matter”. The tribunal had also asked DLF to file one draft agreement before the commission, while fixing the hearing for today.

The buyers’ association had filed their draft before the CCI as per tribunal’s order.

The COMPAT was hearing a petition filed by DLF against the CCI order imposing Rs 630 crore penalty on the company.

On August 12 last year, the Competition Commission of India (CCI) had imposed a penalty of Rs 630 crore on DLF after finding the realty major guilty of abuse of the dominant market position.

The orders were passed following inquiries into complaints filed by the flat buyer associations’ of two separate DLF projects in Gurgaon, DLF Park Palace and The Belaire, alleging delays in the project and increase in the number of floors than planned earlier, among other things.

 

 

 

 

Blackstone gets CCI approval for Embassy realty deal

http://economictimes.indiatimes.com/markets/real-estate/news/blackstone-gets-cci-approval-for-embassy-realty-deal/articleshow/16672298.cms

The Competition Commission of India (CCI) today approved a real estate deal between global private equity giant Blackstone group and Pune-based realty firm Embassy Group.

NEW DELHI: The Competition Commission of India (CCI) today approved a real estate deal between global private equity giant Blackstone group and Pune-based realty firm Embassy Group.

The proposed deal involves Blackstone and Embassy group having joint control over an entity engaged in the business of development and management of commercial and office space and related activities.

In an order released today, CCI said the deal is unlikely to have any “appreciable adverse impact on competition in India and therefore the Commission hereby approves the proposed transaction.”

While the exact size of the deal has not been disclosed, it has been billed as one of the biggest realty deals in the country’s commercial and office space real estate business.

As per the proposed deal, certain Singapore-based entities of Blackstone would get compulsorily convertible debentures of Pune Dynasty Projects Private Ltd — currently 51 per cent owned by Embasy Property Developments Ltd (EPDL).

Upon conversion of these debentures, Blackstone Group would get 50 per cent stake in Pune Dynasty Projects Private Ltd (PDPPL) and would have joint control with Embassy group firm EPDL over the assets, business and affairs of PDPPL.

Mauritius based financial investor Alta Vista currently owns the remaining 49 per cent stake in PDPPL, which is proposed to be acquired by Embassy before the Blackstone deal.

Accordingly, PDPPL would become a wholly-owned subsidiary of Embassy group prior to the deal with Blackstone group.

The concerned parties had approached CCI on August 24 to seek the fair trade regulator’s approval for the deal, after execution of their investment agreement dated August 14.

Later, CCI had asked the entities involved in the deal to remove certain “defects” and furnish additional details.

Giving its clearance, CCI said Blackstone is engaged in businesses like asset management, financial advisory, private equity funds, realty funds, hedge funds and mutual funds.

EPDL is primarily engaged in the business of real estate development and related consulting services, property leasing, among others. It mostly provides construction development and property management services in Bangalore and Pune.

Blackstone also holds certain investments in enterprises engaged in the business of development and management of commercial and office space in Pune and Bangalore.

However, the combined market share of Blackstone-invested companies and Embassy group in eight major cities of India, including Pune and Bangalore, is in single digits and the proposed combination would not be “significant enough to give rise to any adverse competitive concern,” CCI said.

The regulator further said that “there are no significant entry barriers in the market for development and management of commercial and office space in India” and therefore no adverse impact was likely on the market competition.

 

 

CCI to get more teeth in the new Competition Act

http://business-standard.com/india/news/cci-to-get-more-teeth-innew-competition-act/488627/

BS Reporter / New Delhi Oct 05, 2012, 00:49 IST

The Cabinet today cleared the proposal to amend the Competition Act.

However, the Competition Commission of India (CCI) will retain its powers to regulate competition-related issues across various sectors including banking, insurance, telecom and power, .which have their own regulators.

 While the government has made it clear that no sector will be exempted from the Act, Finance Minister P. Chidambaram told reporters that there can be a few exceptions. For example, merger of an ailing bank with another bank may be exempted from CCI’s purview and banking regulator Reserve Bank of India can take a call in public interest.“Voluntary mergers will come under the CCI, but involuntary mergers will be outside its purview. We have sought exemption under section 45 of Banking Act and 37 (A) of Insurance Act,” Chidambaram said.

The move will empower the CCI, which was hitherto struggling to regulate anti-competitive activities related to mergers and acquisitions (M&As) in the absence of absolute powers. Once these amendments get Parliament nod, M&As across sectors will need to get a clearance from the CCI.

Initially, various sectors and ministries were opposed to CCI’s jurisdiction cutting across sectors. Their argument was that some sectors such as finance and telecom already have regulators on their own and there could be a conflict if CCI also starts looking into them.

However, putting an end to the debate, Chidambaram said: “The CCI will have over-arching powers to judge on all anti-competitive issues despite sectoral regulations.”

The competition watchdog has a mandate to ensure that M&A deals between various companies do not lead to monopolistic situation that affect fair competition in the marketplace.

Among the amendments approved by the Cabinet include changing the definition of “turnover” and “group”, reducing the overall time limit of finalisation of transaction from 210 days to 180 days, and introduction of Section 5A.

 

 

 

 

 

Forces tribunal bench gets judge after 6 months

http://timesofindia.indiatimes.com/city/chennai/Forces-tribunal-bench-gets-judge-after-6-months/articleshow/16678158.cms

D Madhavan, TNN | Oct 5, 2012, 06.04AM IST

CHENNAI: Six months of uncertainty for litigants fighting cases related to service in the armed forces are set to end on Friday when Justice V Periya Karuppiah, who retired as Madras high court judge on Thursday, is sworn in as judicial member of the Armed Forces Tribunal (ART) Chennai bench.

Established in August 2009 for swift resolution of grievances of members of the armed forces, the tribunal, which has a jurisdiction over Tamil Nadu and Andhra Pradesh, has not been functioning since April when judicial member Justice A C Arumugaperumal Adityan retired. Lt Gen (retired) Anand Mohan Verma is the administrative member of the tribunal.

“It will bring cheer to hundreds of litigants from different parts of TN and Andhra Pradesh,” said M K Sikdar, an advocate who practises at the tribunal and is also chief editor of the Armed Forces Tribunal Law Journal.

Since its inception, the Chennai bench has cleared around 600 cases mainly related to compensation to dependents of armed forces personnel. Every year, on an average, the tribunal handles more than 100 cases. Currently, around 90 cases are pending before it.

The Armed Forces Tribunal Act, passed by Parliament in 2007, came into effect in June last year. It provides for adjudication by the tribunal of disputes and complaints about commission, appointments, enrolment and service conditions in respect of those covered by the Three Services Act, and hearing of appeals arising out of orders, findings or sentences of court martial. The tribunal will have original jurisdiction in service matters and appellate jurisdiction in court martial matters.

Though the Chennai bench reopened after vacation on June 1, it remain non-functional because no direct appointment can be done by the principal AFT bench in New Delhi. It can only be done with the consent of the defence ministry. As a result, cases were merely adjourned. Representations by the Armed Forces Tribunal Advocates’ Association from Chennai were made to the ministry of defence and to chairperson A K Mathur in May, but the vacancy remained.

 

 

 

 

CAT asks state to give pension to retired IFS officer

http://timesofindia.indiatimes.com/city/chennai/CAT-asks-state-to-give-pension-to-retired-IFS-officer/articleshow/16678169.cms

TNN | Oct 5, 2012, 06.06AM IST

CHENNAI: The Central Administrative Tribunal ( CAT) on Thursday came to the rescue of a retired Indian Forest Services (IFS) officer, directing the state government to give him all retirement benefits, including pension, within three months of the date of receipt of the order and a compensation of 10,000.

The judicial member of the two-member tribunal, G Shanthappa, said V Pasupathiraj had established his case for grant of relief and quashed the impugned disciplinary proceedings against the petitioner. The respondents include principal secretary to the state environment and forests department, principal chief conservator of forests and conservator of forests (Tirunelveli circle).

Pasupathiraj, who retired as ECO development officer for Project Tiger in Tirunelveli on October 31, 2007, was denied commuted value pension, surrendered earned leave and salary along with interest on delayed payments by the state government on the ground that he failed to furnish correct particulars to the conservator of forests (Tirunelveli circle) about the actual number of missing dead trees in Vellambikani area. He also failed to furnish the measurement of such trees, it was alleged. The government also said the petitioner failed to exhibit absolute integrity and devotion to duty. For these lapses, a charge memo was issued on September 18, 2006. “The incident took place between 1995 and 1997, disciplinary proceedings were initiated in 2006 and charge memo issued in 2006. There is no explanation for the delay in framing the charges and in initiating disciplinary proceedings,” said M Ravi, counsel for the petitioner.

The order said there was no specific charge in respect of dereliction of duty as alleged by the respondents. Further, it was not clear when the trees were declared dead and it “is very difficult to give the measurement or length of the dead trees if asked after a lapse of nine years”.

 

Legal News 04.10.2012

M’rashtra gets notice on farmers’ suicides

http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html

Mumbai, Oct 3, 2012, DHNS:

565 cultivators took their lives since January 2012

The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.

Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.

Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”

Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.

The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.

According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.

“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.

“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.

 

 

 

 

 

Kerala to pay Rs. 10 lakh to former ISRO scientist as compensation

http://www.thehindu.com/news/states/kerala/kerala-to-pay-rs-10-lakh-to-former-isro-scientist-as-compensation/article3961760.ece

Roy Mathew

Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.

Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.

Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.

It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.

 

 

 

 

Qasab deserves legal aid to draft mercy plea

http://www.mumbaimirror.com/article/2/2012100420121004020503161a2c1a95e/Qasab-deserves-legal-aid-to-draft-mercy-plea.html

Advocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases

Posted On Thursday, October 04, 2012 at 02:04:36 AM

A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.

Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law – even in Qasab’s case.

Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?

Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.

Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.

Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.

Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.

The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.

Given that the death penalty exists in India, doesn’t Qasab deserve it?

An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?

How else can Qasab be punished, given the enormity of his crime?

Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.

Do you feel Qasab deserves mercy?

I think all of us – the best and the worst – are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our  society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.

As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.

 

 

 

 

Asergis moves Tribunal against Airtel

http://www.thehindubusinessline.com/industry-and-economy/info-tech/article3962020.ece

Our Bureau

New Delhi, Oct. 3: 

Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.

Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.

One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.

Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.

The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.

thomas.thomas@thehindu.co.in

 

 

Centre plans one tribunal for all inter-state water disputes

http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/

Press Trust of India / New Delhi October 03, 2012, 20:05

Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.

The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.

“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.

He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.

Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.

He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”

Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.

The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.

 

 

 

SAT sets aside Sebi order against JP Associates’ Chairman

http://www.moneycontrol.com/news/business/sat-sets-aside-sebi-order-against-jp-associates-chairman_764632.html

The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates’ Chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.

Source: PTI

The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates  ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.

 

After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.

 

After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur. 

 

However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
    
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
    
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
    
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show  that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
    
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
    
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
   
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
    
“We, therefore, set aside the impugned  order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
    
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.

 

 

 

 

Rs 30.58 Lakh for accident victims’ family

http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx

PTI
New Delhi, October 03, 2012

The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the

vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.

“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.

According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.

He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.

 

 

 

Compensation for girl after 12 years

http://www.asianage.com/mumbai/compensation-girl-after-12-years-250

Oct 04, 2012 |

The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.

 

 

 

 

Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09

AJIT PATOWARY
 GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.

The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.

North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.

“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.

On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.

On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”

The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.

 

 

 

 

Two women working for Rs. 15 a month for 42 years

http://www.thehindu.com/news/states/karnataka/two-women-working-for-rs-15-a-month-for-42-years/article3962218.ece?homepage=true

Special Correspondent

Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.

The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.

After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.

Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.

Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.

Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.

“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.

“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.

Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.

 

 

 

 

 

 

Sharan appointed NCW Member Secretary

http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/

Press Trust of India / New Delhi October 03, 2012, 15:05

Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).

Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.

The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre

Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.

He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.

The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.

Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..

 

 

Judge blasts government for harming education

http://timesofindia.indiatimes.com/city/hyderabad/Judge-blasts-government-for-harming-education/articleshow/16661649.cms

TNN | Oct 4, 2012, 02.10AM IST

HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.

The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.

The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.

He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.

Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.

The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.

 

 

 

 

Amicus Raju declines fee in Kasab case

http://www.thehindu.com/news/national/amicus-raju-declines-fee-in-kasab-case/article3962549.ece

Legal Correspondent

Honororium for him and Gaurav Agrawal will go to kin of slain policemen

The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.

A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.

(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)

After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”

It’s Judicial Academy

The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.

The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”

 

 

 

 

PIL to remove anti-Islam clips from YouTube filed in HC

http://articles.timesofindia.indiatimes.com/2012-10-03/internet/34238313_1_anti-islam-google-india-pil

PTI Oct 3, 2012, 07.20PM IST

NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.

Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.

“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.

A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.

Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”

The petitioners sought removal of 13 minutes video clip/trailer from You Tube.

Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.

According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.

 

 

 

Spy funds used in PIL against army chief?

http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx

Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012

New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh

A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical

Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.

The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.

Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.

Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.

Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”

During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.

The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.

The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.

Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.

Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.

The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.

 

 

 

 

 

Mayor inspects roadside shops in Civil Lines area

http://timesofindia.indiatimes.com/city/allahabad/Mayor-inspects-roadside-shops-in-Civil-Lines-area/articleshow/16664093.cms

TNN | Oct 4, 2012, 07.46AM IST

ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.

President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.

On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.

He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.

 

 

 

 

Tiger numbers have risen, insists Centre

http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html

New Delhi, Oct 3, 2012, DHNS:

 The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.

Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.

Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.

He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.

Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.

During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.

This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.

“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.

“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.

However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.

 

 

 

 

KNPP Stir: TN Govt Rejects Charges of Police Excesses

http://news.outlookindia.com/items.aspx?artid=777157

 Madurai | Oct 03, 2012

 

Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.

It also denied having blocked essential commodities reaching the anti-nuclear protestors.

Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.

They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.

He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.

The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.

Pressing for a judicial probe, he alleged police had trespassed into houses and a church.

The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.

He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.

Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.

The judges after hearing counsels, posted the case for hearing tomorrow.

 

 

 

 

Finally, UP to ban gutkha from April next year

http://www.indianexpress.com/news/finally-up-to-ban-gutkha-from-april-next-year/1011783/

Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs

 

A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.

Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.

 

 

 

 

Kerala high court frowns at serial public interest litigations

http://timesofindia.indiatimes.com/city/kochi/Kerala-high-court-frowns-at-serial-public-interest-litigations/articleshow/16661738.cms

TNN | Oct 4, 2012, 02.24AM IST

KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.

The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.

In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.

 

 

 

 

 

Oshiwara residents move court to save open space

http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx

HT Correspondent, Hindustan Times
Mumbai, October 04, 2012

An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.

The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.

The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.

They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best  price.

In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.

In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.

The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.

However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.

Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.

 

 

 

 

Government cannot touch pricing mechanism of essential drugs: Supreme Court

http://profit.ndtv.com/news/nation/article-dont-touch-pricing-mechanism-for-essential-drugs-supreme-court-tells-government-311594

NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)

The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.

The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.

The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.

Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.

Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.

The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.

“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.

The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”

The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”

The case will now be taken up on 9 October.

 

 

 

 

Remove squatters in 30 days, HC tells goverment

http://daily.bhaskar.com/article/RAJ-JPR-remove-squatters-in-30-days-hc-tells-goverment-3877617-NOR.html

DNA | Oct 04, 2012, 04:09AM IST

Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight. 

 

Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola. 

 

During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers. 

 

However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days. 

 

Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday. 

 

 

 

 

SC gives six months to government for toilets, water in schools

http://timesofindia.indiatimes.com/india/SC-gives-six-months-to-government-for-toilets-water-in-schools/articleshow/16662901.cms

Dhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST

NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.

A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.

“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.

The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.

The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.

Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.

The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.

In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.

In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”

The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.

The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.

It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”

 

 

 

 

SC seeks govt reply on new drug pricing policy

http://www.livemint.com/Politics/nO0pgggqrWXmNQcVI1nXNK/SC-seeks-govt-reply-on-new-drug-pricing-policy.html

Failure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime

Vidya Krishnan

First Published: Wed, Oct 03 2012. 11 16 PM IST

Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint

 

New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.

Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.

The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.

The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.

Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.

“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.

According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.

“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).

Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.

“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.

“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.

The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.

 

 

 

 

Bapunagar stadium to be converted into a lake

http://timesofindia.indiatimes.com/city/ahmedabad/Bapunagar-stadium-to-be-converted-into-a-lake/articleshow/16661608.cms

TNN | Oct 4, 2012, 02.05AM IST

AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.

Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.

The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.

It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.

The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.

“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.

 

 

 

 

 

 

 

Supreme Court verdict on CAG mandate: A step in the right direction

http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html

MG Warrier | 03/10/2012 12:15 PM | 

The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements

The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.

 

On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.

 

For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team.  By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.

 

The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.

 

The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.

 

The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
 

The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.

 

The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.

 

A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.

 

As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.

 

The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.

 

Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.

 

 

 

 

Court relief to Saudi navy captain

http://www.mumbaimirror.com/article/2/20121004201210040204459585ddcb997/Court-relief-to-Saudi-navy-captain.html

Mumbai Mirror Bureau

Posted On Thursday, October 04, 2012 at 02:04:36 AM

 In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.

A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.

Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.

Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.

To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.

He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.

 

 

 

 

Let operative Abu Jundal handed over to ATS in Mumbai

http://timesofindia.indiatimes.com/city/nashik/Let-operative-Abu-Jundal-handed-over-to-ATS-in-Mumbai/articleshow/16661600.cms

Santosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST

NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.

Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.

Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.

He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.

Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.

Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.

While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.

During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.

 

 

 

 

 

Students get life term for murder

http://www.deccanchronicle.com/node/161418

October 4, 2012

Trichy

A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.

According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.

The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.

In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.

Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.

When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.

Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.

The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.

 

 

 

 

With no confidence on management, most Delhi staff shun meeting with CEO

http://profit.ndtv.com/news/corporates/article-kingfisher-airlines-ceo-to-meet-staff-at-different-bases-ball-in-airlines-court-says-Ajit-Singh-311609

NDTV | Updated On: October 04, 2012 10:53 (IST)

The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.

Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.

Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.

The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.

Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.

In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.

The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.

“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.

The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.

Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.

When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.

The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.

When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.

In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.

Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.  

Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA.  The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.

Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”

The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.

In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”

If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.

Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.

With inputs from agencies

 

 

 

 

3 witnesses depose in Kush murder case

http://timesofindia.indiatimes.com/city/nagpur/3-witnesses-depose-in-Kush-murder-case/articleshow/16661580.cms

TNN | Oct 4, 2012, 02.01AM IST

NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.

The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.

The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.

Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.

 

 

 

 

Cash for bail: Former CIA inspector shifted out of Panchkula

http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx

HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012

Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.

Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.

As per the FIR, on the day of arrest, 9kg opium milk (which can be converted into 36kg opium) was also recovered from the rented accommodation of accused in Sector 15 on the disclosure of the accused.

Rai submitted that Parveen claimed having procured the bail order by spending Rs. 37 lakh and was now alluring other persons to pay money to get relief from various courts with the help of police officials, who would give false information to the court.

On May 23, the court of additional district and sessions judge Sanjay Sandhir had dismissed the bail application of Praveen on the ground that huge quantity of opium was recovered; he was stated to procure opium milk from Madhya Pradesh to churn it into opium and another case for drug peddling was also registered against him in Panchkula.

But in the high court on July 27, the court was informed that the challan was not filed even though it was filed in the lower court. It was not contested that the quantity of opium was commercial and there was no other conviction of the accused. ASI Surjeet Singh, then posted with CIA, and head constable Yog Bhyan were present in the court. They have also been shifted out of Panchkula to Sunaria.

“The DGP has ordered the transfers,” said DCP Parul Jain. On the pending arrest of drug peddler Parveen, she said the police were making every effort to nab him. 

Meanwhile, the CBI is yet to start investigations in the case.

Case history
January 26: Parveen Kumar and accomplices Harvinder Singh and Jora Singh arrested with 4kg opium

January 26: Nine-kg opium milk recovered from the Sector-15 rented accommodation of accused

May 23: Additional district and sessions judge Sanjay Sandhir rejects Praveen Kumar’s bail application

July 27: High court informed challan not filed, paving way for bail for Parveen Kumar

September 18: High Court cancels Parveen Kumar’s bail, accused missing

 

 

 

Pervez Tak planned to kill Laila, kin 3 months before murders: Cops

http://timesofindia.indiatimes.com/city/mumbai/Pervez-Tak-planned-to-kill-Laila-kin-3-months-before-murders-Cops/articleshow/16663548.cms

S Ahmed Ali, TNN | Oct 4, 2012, 06.29AM IST

MUMBAI: The murders of starlet Laila Khan and five of her family members were planned at least three months in advance, says the chargesheet.

The crime branch on Wednesday filed the 984-page chargesheet in the sessions court, stating that prime accused Parvez Tak killed the six family members with the help of his wanted aide, Shakir Hussain. Tak is the third husband of the starlet’s mother, Saleena.

A junior engineer, a surveyor of the Igatpuri Nagarpalika, a JCB owner, a butcher and two car drivers are among the nine witnesses who have testified against Tak.

In his statement, Tak said he got a pit dug up at Laila’s Igatpuri farmhouse in December 2010 and waited for a few months for her family members to gather there. The six victims were eventually killed in February 2011, days after they went missing from Mumbai. The police have added the statement of Gufran Choudhary, the JCB owner, to the chargesheet to support the theory that the murders were planned and not committed in a fit of rage. Choudhary said Tak hired his JCB in December 2010 and paid him Rs 2,800 to dig the pit. Incidentally, three days after the crime branch recovered the six skeletons from the farmhouse on July 10 this year, TOI had reported how police officials suspected that it was a well-planned murder.

The police are awaiting the DNA reports of the six bodies recovered from the pit. Two knives, an iron rod, two spades, the torn clothes of the deceased, the post-mortem reports and some gold ornaments—including four rings—have been annexed to the chargesheet.

Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony, said investigating officer Deepak Patangre. He added that they will add the DNA reports once they get them from the FSL.

Junior engineer Yashwant Tathe, water surveyor Mohan Shirshat and butcher Shamsher Khan told the police that they hadseen Tak and Saleena hours before the murders on February 8. Tak had taken Saleena to the nagarpalika office to file an application for a water connection. On the same day, the duo went to the butcher to buy 3kg of mutton.

“Tak felt that Saleena lived an ‘un-Islamic’ life and also suspected her to be indulging in adultery. When Tak learned about Laila and her family’s plans to migrate to Dubai and give the powerof-attorney of her properties to Saleena’s second husband, Asif Shaikh, he felt frustrated and humiliated. He then decided to put an end to the chapter,” said Himanshu Roy, JCP (crime ).

The police suspect that Hussain is in Doda.

Starlet case chargesheet

Who is Laila Khan?

Laila, whose original name was Reshma Patel, was born to Saleena and Nadir Patel in Malad. She is best known for her role opposite Rajesh Khanna in Wafa: A Deadly Love Story

The disappearance

Laila, her mother Saleena, siblings Azmina, Imran & Zara, and another relative, Reshma Khan, went missing from Mumbai in February 2011, after which her father filed a missing complaint with the Oshiwara police

The recovery of two MUVs belonging to the starlet—a Mahindra Scorpio and a Mitsubishi Outlander—from Jammu & Kashmir this year triggered speculation that she could be in that state

Another theory that did the rounds said she was in Dubai with her ‘husband’, Sonu

Tak and the revelations

Parvez Iqbal Tak (inset), a road contractor from Kishtwar in J&K and the third husband of Laila’s mother, emerged as the prime suspect in the case after the seizure of the two MUVs

Tak told interrogators that he killed Laila and her five family members at her farmhouse (pic above) in Igatpuri on February 8

Shakir Hussain, an accompliceof Tak’s, was also involved in the murders. He was made caretaker of the farmhouse in December 2010

Tak and Hussain go to the family’s Oshiwara flat to fetch Laila’s six pet cats. They also remove photographs from an album before returning to Igatpuri. They then hire two drivers, Mahboob Shaikh and Johny Girdar, and leave for Kishtwar in Laila’s Scorpio and Outlander

What led to the killings?

The police said Tak felt Saleena lived an “un-Islamlic” life and suspected her to be indulging in adultery When he learned about the family’s plans to migrate to Dubai and give the power-of-attorney of her properties to Saleena’s second husband, Asif Shaikh, Tak plotted the murders

The evidence and witnesses

The Scorpio and the Outlander, which have been brought back to Mumbai Two knives, an iron rod, two spades, the torn clothes of the deceased, mobile records, post-mortem reports and some gold ornaments Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony

 

 

 

 

IAS officer granted bail in molestation case

 

http://www.indianexpress.com/news/ias-officer-granted-bail-in-molestation-case/1011463/0

Agencies : Lucknow, Wed Oct 03 2012, 21:08 hrs

A senior IAS officer in the Uttar Pradesh government, who was arrested on charges of attempt to rape and molesting a Delhi-based woman in a train, was today granted interim bail by a local court here.

Sessions judge K K Sharma granted interim bail to IAS officer Shashi Bhushan Sushil up to October 6 on an application moved on his behalf, court sources said here.

Sushil, Special Secretary in the Technical Education Department, was arrested on Monday and a case under IPC section 354 (assault or criminal force to woman with intent to outrage her modesty) was lodged against him following a complaint by the woman, a senior IT executive, Government Railway Police (GRP) officials said.

The 2001-batch officer was also booked under IPC sections 376 (rape), 511 (attempt to commit offence) and 506 (criminal intimidation) under which he can be imprisoned for life.

According to the FIR lodged by the mother of the woman travelling with her, the officer, who boarded the second AC coach from Ghaziabad, indulged in obscene acts and the conductor and train escorts were duly informed.

The FIR was lodged with the GRP by the woman.

Bhushan was detained after the train reached Charbhagh railway station and police interrogated him for four hours before arresting him.

Refuting the molestation charge, the officer claimed that he had got into a verbal duel with the woman after she made a casteist remark against him.

The officer was later suspended by the Uttar Pradesh government.

The government has also removed inspector GRP Anil Rai who allegedly tried to delay the matter and impose less stringent sections in the FIR though the home department refuted the charges.

Sushil was later produced before a local Railway court which remanded him in judicial custody for 14 days.

Chief Minister Akhilesh Yadav had said no one would be spared and strict action would be taken against those showing disrespect to women.

 

 

 

 

Delhi Police officer ‘forges’ court record, let off

http://www.deccanherald.com/content/282920/delhi-police-officer-forges-court.html

New Delhi:Oct 4, 2012 PTI

 A sessions court has discharged a Delhi Police inspector in a complaint initiated by a magisterial court for allegedly forging the court record of a case.

Additional Sessions Judge Narinder Kumar discharged H S Chauhan, an inspector in Delhi Police, who was summoned as accused along with ASI Puran Chand by court of additional chief metropolitan magistrate on a complaint made by the chief metropolitan magistrate for allegedly forging court record in a 2006 case under the Prize Chit Money Circulation (Banning) Act.

“The impugned order dated May 19 vide which the accused – petitioner (Chauhan) has been summoned as an accused is without basis and suffers from illegality and the same deserves to be set aside qua the petitioner. The petitioner is discharged,” the ASJ said.

The ASJ added that the CMM did not conduct any inquiry before filing the complaint against Chauhan.

The complaint accused Chauhan and Chand of fraudulently entering forensic (FSL) report in the court record of a case after a delay of three years only when the issue came before the CMM.

Chauhan had moved the court of ASJ against the ACMM’s order. On January 1, 2006, an FIR was registered with Prasad Nagar police station under the Prize Chits Act on the complaint of a widow named Durga Devi, who had invested in a committee.

The accused Luid Fernandez and Josphin Fernandez run the committee which did not pay any returns to the woman on maturity of the investment. A chargesheet in the matter was filed on April 13, 2006 before the then concerned area magistrate.

A supplementary charge-sheet was filed on July 11, 2006 mentioning that the FSL report on specimen handwriting of the accused will be filed as and when received.

Official let off in graft case

DRI officer, facing trial for allegedly taking bribe from a businessman for bailing him out of an excise evasion case, has been discharged by a Delhi court for want of proper sanction for his prosecution, reported PTI from Delhi.

Special Central Bureau of Investigation Judge Kanwaljeet Arora discharged Directorate of Revenue Intelligence (DRI) Y S Verma saying the sanction to prosecute him was bad in the eyes of law as it was given by an officer, junior to the one competent to grant it.

It is admitted position that accused at the relevant point of time was working as senior intelligence officer with DRI, which is a Group ‘B’ post.

Having been appointed to the post of Group ‘B’ cadre, by orders of DRI director general, a right has accrued in favour of the accused by virtue of Article 311(1) of the Constitution that he cannot be removed from his office by an officer subordinate to the rank of director general,” the court said.

Additional director general who had passed the sanction order on December 29, 2006 was subordinate to director general, therefore, she could not have passed the sanction order. The said sanction therefore is bad in the eyes of law,” the court said, discharging Verma.

The corruption case against Verma was lodged by the CBI on complaint of Delhi-based exporter A K Aggarwal, who had alleged that Verma had lodged a false excise duty evasion case against him and had raided his house in September 2005.
He said Verma subsequently had demanded a bribe of Rs 50 lakh from him to bail him out of the case.

On Aggarwal’s complaint, the CBI laid a trap and allegedly caught Verma red-handed while accepting Rs 5 lakh as the first instalment of the bribe from Aggarwal at the South Delhi house of another co-accused Mahender Kumar.

In his complaint to the CBI, Aggarwal had also said Verma and his senior had asked him for Rs 50 lakh bribe and had threatened that if failed to pay the sum, his son would face untoward consequences.

The judge, however, granted liberty to the agency to file fresh charge sheet against Verma with proper sanction to prosecute him.

 

 

 

 

Court sends youth to 10 yrs in jail, pulls up police

 

 

http://www.indianexpress.com/news/court-sends-youth-to-10-yrs-in-jail-pulls-up-police/1011453/0

Agencies : New Delhi, Wed Oct 03 2012, 20:55 hrs

A youth who raped a minor girl last year in a factory here has been sentenced to 10 years in jail by a Delhi court which also directed the city government to pay a compensation of Rs one lakh to the victim.

The court expressed anguish and displeasure that the two factory workers who saw the accused, instead of “objecting to the conduct”, ran away from the premises leaving the 14-year-old victim at his mercy and the Delhi police also did not prefer to inquire about their “indifferent approach”.

“Of late crime against women generally and rape in particular is on the increase and ironically society appears to be unconcerned, showing little or no concern for honour of women. It is this kind of a public apathy and indifference which is grossly criminal,” Additional Sessions Judge (ASJ) Kamini Lau said.

The court said it was “shocking” that the two factory workers ran away from the spot and informed their owner about the incident much later to evade their culpability.

“Public alertness with a suitable timely response can go a long way to save the life and honour of young girls which unfortunately did not happen in the present case,” the judge said.

The court also imposed a fine of Rs 52,000 on convict Aditya, 20, a resident of Pitampura Village in North-West Delhi, saying that on recovery of the amount, it shall be given to the victim.

The judge said the amount of compensation will be used for rehabilitation of the victim and directed the Delhi government to take steps to ensure that she is admitted in some school to continue her studies.

According to the police, Aditya caught hold of the girl when she was returning from her school and forcibly took her inside an adjoining plastic factory.

The accused threatened the two workers, who were present in the factory, and asked them to leave. He took the girl to a room in the factory and when she tried to raise an alarm, he threatened to electrocute her after which he raped her and ran away, police said.

The two workers, later on, called their employer and informed him about the incident.After reaching home, the girl informed her family about the incident and a case was lodged against the accused.

The court also pulled up the police for not inquiring the reason from the two workers as to why they did not raise an alarm when they saw the accused bringing the girl in school uniform into the factory.

It rejected Aditya’s plea for leniency saying that he had committed the offence without any fear of law in the factory after threatening the two workers working there and compelling them to leave.

 

 

 

 

Justice delayed is justice denied…

http://timesofindia.indiatimes.com/home/opinion/times-view/Justice-delayed-is-justice-denied–/articleshow/16663248.cms

Oct 4, 2012, 05.51AM IST

If ever there was a case of justice delayed being justice denied, this is it. The fact that the court had ordered the actor to pay compensation even before framing of charges and he had done so immediately, makes it clear how urgent the need for compensation was judged to be.

Yet, the victims have not received the compensation even a decade later. Exactly who is to blame for this situation appears to be unclear as of now, but responsibility must be fixed and action taken. Also, the victims must now be paid—even if it rather late—not just the amount originally ordered, but interest for 10 years on it.

 

 

 

 

Law Commission of India proposes toning down anti-dowry legislation

http://timesofindia.indiatimes.com/home/opinion/edit-page/Law-Commission-of-India-proposes-toning-down-anti-dowry-legislation/articleshow/16659773.cms

Oct 4, 2012, 12.00AM IST

TIMES VIEW

Will safeguard against misuse

The Law Commission of India’s recommendation that the anti-dowry law be suitably amended to dilute the provision of immediate arrest of the accused is sensible. The suggestion comes in light of the fact that an increasing number of dowry complaints have been found to be false. That Section 498A of the Indian Penal Code — dealing with physical and mental cruelty by husbands and their relatives over dowry — empowers the complainant to have the accused arrested even before a proper investigation into the case only incentivises misuse of the law. Not only does this amount to gross injustice but also significantly damages to the anti-dowry movement.

It`s arguable that tough anti-dowry legislations are a product of the 1980s, where they arose out of a specific context: a seemingly uncontrollable spate of dowry deaths in the country. However, the socio-economic conditions of women today have significantly changed. This empowerment is precisely why the anti-dowry law needs to be suitably updated. Besides, the provision of immediate arrest flies in the face of Indian jurisprudence that treats every accused as innocent until proven guilty. Subverting this principle has done more harm than good.

In this respect, the law panel`s proposal to introduce a 30-day reconciliation period before the police arrest an accused under the anti-dowry law makes eminent sense. To prevent misuse, the law should also be amended to allow for arrests only after a proper investigation, not before. The Supreme Court has already des-cribed false dowry cases as legal terrorism. Using the anti-dowry law as a tool for extortion is tantamount to human rights violation. Hence, in the interest of justice, diluting draconian provisions of the anti-dowry law without taking away the essence of the legislation is a step in the right direction.

COUNTERVIEW

A change for the worse

Anil Thakkar

The expert panel’s recommendation on amending and toning down the anti-dowry law is a classic example of missing the wood for the trees. As matters stand, is the anti-dowry law misused on occasion? Yes, it is — just like every other law. That is the nature of the beast; there will always be people who find and exploit loopholes in any system of rules. This is particularly true in India where the judicial system is hopelessly clogged and the police prone to corruption. These things will not change if the law is watered down. All that will happen is that the fight against dowry — a far more insidious and widespread evil than misuse of the anti-dowry law — will be compromised.

A simple look at the statistics will show how far we still have to go in stamping out the system of dowry and the subjugation of — and violence against — women it engenders. According to the National Crime Records Bureau, 6,995 dowry deaths were reported in 2000 — which climbed to 8,093 in 2007 and 8,391 in 2010. And that is just the reported cases; it is a safe assumption that the actual number of dowry deaths is significantly higher. This more than half-a-century after dowry was made illegal. What possible sense does it make to defang the anti-dowry law at a time when dowry deaths are actually on the rise?

On the face of it, certainly, the amended changes seem sensible. But given how rigidly patriarchal much of Indian society is — particularly in rural areas where the dowry system is even harder to uproot — all they will do is leave the perpetrators at large and give them enough time to pressure or coerce the woman and her family into withdrawing their complaint. And that would be a far greater injustice than anything that is currently done under the aegis of the anti-dowry law.

 

 

 

 

Victims of accident by Salman Khan’s vehicle not compensated

http://www.hindustantimes.com/India-news/Mumbai/Victims-of-accident-by-Salman-Khan-s-vehicle-not-compensated/Article1-939564.aspx

HT Correspondent, Hindustan Times
Mumbai, October 04, 2012

A decade after actor Salman Khan killed a pavement dweller and injured four others in a highly-publicised car accident in Bandra, the victims are yet to receive the compensation amount due to them from him, according to a public interest litigation (PIL) filed by a senior journalist before the Bombay high court.

A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.

Wagle had filed the PIL soon after the accident.

While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.

Wagle’s lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.

The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.

On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.

He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate’s court.

 

 

 

 

Kidnapping for ransom: Death punishment valid

http://www.indianexpress.com/news/kidnapping-for-ransom-death-punishment-valid/1011673/0

Express news service : Chandigarh, Thu Oct 04 2012, 02:01 hrs

HC says killers of Abhi Verma to hang, puts execution on hold till October 12

There is nothing legally invalid in awarding death sentence to those held guilty of kidnapping for ransom. Statin this, the Punjab and Haryana High Court on Wednesday upheld the hanging of two youths who had abducted and later killed Abhi Verma, a 16-year-old boy from Hoshiarpur for ransom.

However, giving them time to challenge the order in the Supreme Court, the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused, Vikram Singh Walia and Jasvir Singh, were to be hanged at 9 am on October 5 in Central Jail, Patiala.

The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.

Holding their challenge as “ill founded, deceptive and misleading”, a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.

“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads

Making it clear that death sentence cannot be abolished from Section 364-A of IPC, the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the `retrospectivity’ of the provision is totally deceptive and misleading”.

The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.

They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person, company or association, or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.

They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages, 1979 (`Hostages Convention’), adopted by the United Nations General Assembly on June 3, 1983 “. The said contention found no favour with the court.

Earlier, Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants, for even if the challenge to death sentence under Section 364-A succeeds, the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.

The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds, the same will “not change their fate”.

 

 

 

Former SIMI Functionary Booked Under MCOCA

http://news.outlookindia.com/items.aspx?artid=777190

Thane | Oct 03, 2012

 

The Thane police on Wednesday booked former Students’ Islamic Movement of India (SIMI) functionary Saquib Nachan and four others under the Maharashtra Control of Organised Crime Act (MCOCA).

The Bhiwandi crime branch produced Nachan and four others in the MCOCA court on Wednesday.

Saquib Nachan and his son Ismail and nephew Aquib are facing charges for the murderous assault on Vishwa Hindu Parishad (VHP) leader from Bhiwandi, Manoj Raicha. Two others Guddu Khan and Tanvir Abdul Zabdir were also arrested in this case.

SIMI activist Saqib Nachan, an accused in Mulund bomb blast of 2003, was arrested by police for allegedly firing at an advocate in Bhiwandi on August 3, this year.

It was around 11.45pm, advocate Manoj Ratilal Raicha (48) was on his way home in his car along with bodyguards, when he was shot at and injured.

In his complaint, the lawyer, who is a Bajrang Dal office bearer, named Saqib Nachan as the suspect or his associate as the person who fired at him with an intention to kill him.

The Nizampura police later registered a case under Sections 307, 120(b) of the Indian Penal Code and also under Sections 3, 25 and 27 of the Arms Act against the accused.

FILED ON: Oct 03, 2012 23:40 IST

 

 

 

Muslim rage is not about Islam

The outrage and the violent protests organised by Islamists across the world have nothing to do with the supposed desecration of religion. Instead, these incidents are calibrated attempts by so-called religious leaders to firm up their politics, even at the cost of people’s lives

Even before the crowd from the previous protest had returned home, a new mob had gathered on the streets. It had been gaining strength throughout the day as hundreds arrived loaded in trucks and buses, and more people from the outside kept pouring in. Over the next couple of hours, the crowd swelled in numbers and a few local leaders gradually took their position at the helm — soon, they were whipping up outrage against some vaguely defined but provocatively conveyed threat to their religion, their Prophet or their holy book. Timing was the key, so one waited cautiously for the crowd to be sufficiently riled and then, just when the passions peaked, it was let loose like a pack of blood thirsty wolves. What followed was hours, even days, of looting, raiding, pillaging, plundering and killing. Until finally, the security forces showed up and brought the situation somewhat under control.

This is a fairly accurate description of the events as they unfolded in the little Upazila of Ramu, located in the coastal Cox’s Bazar district in Bangladesh’s southern division of Chittagong on September 29 and 30, when Islamists went on the rampage in the area and attacked Buddhist temples and homes, after they discovered a picture of a burnt Quran on Facebook that was alleged ‘tagged’ to a local Buddhist boy.

According to the latest reports available, at least 12 temples were desecrated and nearly 50 Buddhist homes systematically destroyed. But the moot point here lies not in the details of this heinous incident that has deeply scarred Bangladesh’s socio-religious fabric but in the fact that the description applies to almost any ‘Muslim protest’ that has erupted in recent times in response to a supposed act of religious outrage.

Indeed, instead of Ramu Upazila, the narrative can just as easily be placed in Masuri village in Uttar Pradesh here in India, where a similar crowd went berserk and brutally attacked the local police station after someone found pages torn out of the Quran by the railway tracks last month. The narrative also fits well in many other places — from Mumbai’s Azad Maidan where a crowd protesting atrocities against Muslims in Burma and elsewhere went on a rampage to the US Embassy compound in Benghazi where an armed mob protesting a shoddily-made, obscure anti-Islamic film killed the American Ambassador to Libya.

Look closely and a clear pattern of pre-meditated violence that emerges through each of these cases is unmistakable. The cause of the violence and the outrage here is inconsequential. It can be anything — a book that nobody has heard of, a movie that nobody has seen because it was never publicly released, a photograph that is quite possibly doctored, a quote that remains unattributed, a conspiracy theory or even a cartoon. It doesn’t matter.  What matters is how, and of course with what result, that singular instance of outrage (real or imagined) is perverted so as to make it look like it is a universal insult to Islam and its 1.7 billion followers around the world.

First, the Islamists go all out to introduce that supposed object of religious insult — almost always an obscure one — to their local audience. Then, they systemically manufacture outrage against that same object. The campaign is almost always framed within the narrative of a victim-community; a community that has been and continues to be wronged by the world. Ridiculous as it may sound, the idea of being at the receiving end of a global conspiracy is particularly tempting and as we know from past experience, hugely effective. Finally, what serves as an icing on the cake is the fact that Islamists, almost everywhere in the world, are an especially well-organised group. This automatically allows them mobilise large sections of the population and mount an effective campaign.

In other words, the bottomline here is that the protests may be hinged around an Islamic (or more specifically, anti-Islamic) subject, but in reality they have little to do with religion. Instead, the issue is of politics and power-play. Religion is merely an excuse used by the Islamists to whip up passion and mobilise social groups so that they can ultimately implement the latter’s agenda. Indeed, this is an argument that even Muslims political observers themselves have made. For instance, Mr Husain Haqqani, Pakistan’s former Ambassador to the US, in his recently published article on ‘Muslim rage’ minces no words when he says, “The phenomenon of outrage over insults to Islam and its final Prophet is a function of modern-era politics. It started during Western colonial rule, with Muslim politicians seeking issues to mobilize their constituents… and Islamists emerged to claim that Islam is not merely a religion but also a political ideology.”

Indeed, Mr Haqqani traces back an early prototype of this kind of mass mobilisation within the Muslim world to a book published in British India back in 1927. Titled Rangeela Rasool (Playboy Prophet), it was a “salacious version of Muhammad’s life”, says Mr Haqqani, but “hardly a bestseller”. In fact, much the like anti-Islamic film that today is all the rage, so to say, this book too went largely unnoticed until two years after its publication when some Muslim politicians raised a hue and cry over it. The British Government of the day even arrested and tried the publisher but he was acquitted — only to be later stabbed to death by one Ilmuddin, an illiterate carpenter known only by his first name, in Lahore. Ilmuddin soon became a local hero of sorts. Islamist groups nicknamed him Ghazi (warrior) and he was defended in court by a man no less than Mohamed Ali Jinnnah (although on purely technical grounds, as Mr Haqqani points out in his essay). The book continued to be a polarising point between the Hindus and Muslims of undivided India and exacted its price in blood during Partition as well.

It is interesting to note that it was after this case of Ilmuddin that the British amended the Indian Penal Code to include punishment for blasphemy and incitement of religious hatred. It is equally ironical that a little less than a century later, another young man would once again share Ilmuddin’s fate and how! In January 2011, Mumtaz Qadri would also be celebrated as a national hero for killing Salman Taseer, the powerful Pakistani Governor of Punjab would had dared to opposed his country’s draconian blasphemy laws.

The lessons to be learnt from the past and the present are clear. These protests, wherever they may erupt, are not just a product of politics disguised as religion, but that they must be exposed as such. 

The moment the state begins to legitimise such violence as being a genuine case of religious grievance; it loses the plot and half the battle. The Bangladeshi Government realises this, which is why the whole deal about the Facebook picture was underplayed. The Pakistani Government on the other hand doesn’t get it at all and so, it had the Ishq-e-Rasool day, during which several persons where killed. India must learn its lessons from all this and stop pampering hardliners.

 

 

Civil society urges govt to remove accused under the PNDT Act from committee

http://www.tehelka.com/story_main54.asp?filename=Ws031012PNDT.asp

Dr Harsh Mahajan is an accused in a case filed by Mitu Khurana who was forced to undergo sex determination test

Shonali Ghosal
New Delhi

Eighteen years after the Pre-conception and Pre-natal Diagnostic Techniques Act (PC & PNDT Act) was passed for the “regulation and prevention of misuse of diagnostic techniques,” the government’s intention on curbing sex determination remains unclear.

Dr Harsh Mahajan, an accused under the PC & PNDT Act and president of the Indian Radiological and Imaging Association (IRIA), had been appointed as a member of a committee, which is set to examine and possibly amend the format of Form F (the mandatory form to be filled and recorded by all sonography centres when conducting an ultrasound sonography).

“They might have gone by his post as president of the IRIA. But the government should’ve checked his track record,” says Rizwan Parwez, a member of the National Inspection and Monitoring Committee (NIMC) and the Centre for Advocacy and Research. The court has taken cognizance of Mahajan as an accused (among others) after Mitu Khurana filed a case against her husband and in-laws for allegedly forcing her to undergo a sex determination test in 2005. She further states that they put pressure on her to undergo an abortion on learning that she was carrying twin girls. “This is a violation of the Act. The government never supported me in my case and now there’s this to add insult to injury,” says Mitu, who was told by a PC & PNDT official to stop wasting her life and give her husband a son if he wanted one.

“Even though Mahajan is not the doctor who performed the sex determination test, he is an accused because he holds approximately 80 per cent of the shares in Mahajan Imaging Centre where the test was conducted and is also a board member of the centre,” Mitu clarifies. The PC & PNDT law clearly states: “No person who, in the opinion of the Central Government or the State Government, as the case may be, has been associated with the use or promotion of pre-natal diagnostic technique for determination of sex shall be appointed as a member of the Advisory Committee.” “It’s like inviting a murderer undergoing trial to amend a law on Section 302 of the Indian Penal Code,” adds Parwez.

But all is not lost. In a meeting of the committee held last week (28 September), activists protested Mahajan’s presence and asked him to leave. Donna Fernandes, the head of Vimochana (an NGO on women’s rights) and a member of the same committee was present at the meeting. She recounts that it was Kiran Moghe, the Maharashtra president of the All India Democratic Women’s Organisation who raised the issue. “He (Mahajan) made some weak noise about being innocent and that he had a lot of suggestions, but other members said that he may be innocent, but, if he has a case in court, it isn’t right that he should be attending this meeting,” she says. Finally, Sandeep Kumar Nayak, Joint Secretary, Women & Child Development (who was also chairing the meeting) told him that he had said something else at registration and asked Mahajan to leave. “The government should’ve sent a strong message that you can’t be part of such an important committee before the civil society brought it up,” says Parwez.

Mahajan had to leave that meeting but whether any action has been taken to permanently remove him from the committee is not known. Incidentally, he is also a member of another similar committee, which has to examine, and perhaps, amend the provisions of the Act itself. “People like him aren’t worried about implementation, they’re just concerned with making money,” says health activist Dr Sabu Geore, who is a member of the other committee. Both Anuradha Vemuri, director of the PNDT Division, and Dr Harsh Mahajan remained unavailable for comment.

Shonali Ghosal is a Correspondent with Tehelka.
shonali@tehelka.com

 

 

 

 

Another plaint against Bangalore Urban DC

http://www.deccanherald.com/content/282872/another-plaint-against-bangalore-urban.html

Bangalore:Oct 4, 2012 DH News Service

 A new private complaint was filed in the Special Lokayukta Court on Wednesday against Bangalore Urban Deputy Commissioner M K Aiyappa and others. Judge N K Sudhindra Rao has posted the case to October 17 for orders.

The case filed by Markandeya, a software engineer, pertains to land acquired in Nagarbhavi village in Vijayanagar for the development of the Vinayaka Housing Board Co-operative Society in 1985.

The complainant stated that the land had been handed over to the Society and all formalities including obtaining work order and khatas from the Bangalore Development Authority were completed.

From 1986, sites were registered in favour of the members. In 1996, the BDA also issued khatas and started collecting property tax.

Later, the land came under Pattanagere City Municipal Council and was transferred to BBMP, who issued khatas.

The complaint alleges that one Gali Hanumamma filed a case against Malliappa, the original landowner under the  Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act with the Assistant Commissioner (AC) who ordered the restoration of the property.

Order challenged

The Society members challenged the order before the then Deputy Commissioner Ramegowda who allowed the appeal, after seeking a spot inspection from the Assistant Commissioner.

Permission from DC

Gali Hanumamma then sold one acre of land to one Mirle Varadaraj for Rs three crore, after obtaining permission from the DC. She later filed an application seeking conversion of two acres of land for residential purpose, including the one acre she had sold.

The complainant who had purchased the land from the Society filed objections before the Deputy Commissioner.

The complainant stated that the DC told him that the land would be taken over and handed back. The complaint has been lodged for commission of offences under Prevention of Corruption Act and Indian Penal Code.

The complaint also names Assistant Commissioner Kantharaju, Tahsildar Suma, Village Accountant Manjunath, Gali Hanumma, her daughter Huchamma, Mirle Varadaraju and others.

 

 

 

 

K’taka HC stays probe against former disciple of Nithyananda

http://zeenews.india.com/news/karnataka/ktaka-hc-stays-probe-against-former-disciple-of-n_803566.html

Last Updated: Wednesday, October 03, 2012, 22:07

Bangalore: Karnataka High Court Wednesday stayed further proceedings before a local court against a former disciple of self-proclaimed controversial godman Nityananda and two others in a criminal case filed against them by an actress

Justice H N Nagamohan Das stayed further proceedings in the case before the court at Ramanagara on a criminal petition filed by Ranjitha, seeking quashing of the case.

In June, the court had issued a non-bailable warrant to Lenin Karuppan and third summons to co-accused Aarti Rao and advocate Sridhar in the case filed by the actress.

 

Ranjitha had filed a private complaint on Dec 30 2010 at Ramnagara Magistrate Court in Bangalore against the three, charging them with criminal intimidation, criminal conspiracy and outraging her modesty in connection with attempting to link her through a morphed video with Nithyananda.

The Magistrate took cognizance and issued summons to all three on June 4 2011.

Lenin failed to appear before the court, following which a NBW was issued against him, while the other two were issued a second summons on August 2 2011.

Arathi Rao is a resident of Detroit, USA.

PTI

 

 

 

 

Will appoint commissioners within 3 weeks: Govt assures HC

http://timesofindia.indiatimes.com/city/jaipur/Will-appoint-commissioners-within-3-weeks-Govt-assures-HC/articleshow/16661714.cms

TNN | Oct 4, 2012, 02.20AM IST

JAIPUR: The state government assured the Rajasthan high court on Wednesday that it would comply with the recent Supreme Court judgment on appointing at least minimum number of information commissioners (ICs) required under the right to information (RTI) Act within the next three weeks.

At present, the Rajasthan Information Commission (RIC) has just a chief information commissioner but not a single IC. The Act underlines a minimum two and maximum 10 ICs in a state.

In its September 13 ruling, the apex court made it mandatory that appeals under the RTI Act can be heard at the state information commissions only by benches comprising at least two ICs.

The judgment has resulted in the work at information commissions coming to a standstill in several states, including Rajasthan where around 8000 appeals under the RTI are already pending.

The government assurance came on a reply to high court’s query on a public interest litigation (PIL) on the subject pending since last year.

A division bench headed by chief justice Arun Kumar Mishra had directed the state government on Monday to apprise the court of the steps it had taken to comply with the SC verdict.

Additional advocate general Sushil Kumar Sharma told the division bench that the government was all set to appoint the ICs and the process would be completed within the next three weeks.

Under the RTI Act, the chief information commissioner and the ICs are appointed by a committee comprising the chief minister, the leader of opposition and a cabinet minister.

While the PIL filed by advocate Prakash Shukla has been pending in court since September 2011, Aruna Roy, of the leading forces behind the RTI movement in the country, recently moved an application before the state administrative reforms department to know what steps had so far been initiated to appoint the ICs. The government department, however, failed to answer Roy’s query.

 

 

 

 

Conman lures 5 with HC jobs

  • October 4, 2012
  • By Praveen Kumar
  • DC
  • Bengaluru

http://www.deccanchronicle.com/node/161341

A data entry operator managed to take the police, social welfare and other departments concerned for a ride in his effort to get jobs in the Karnataka High Court for five aspirants from Bijapur and other northern districts of the state. He had allegedly taken money from each candidate.

The accused, along with his associates, had created a fake letterhead of the Karnataka High Court and allegedly forged the signature and seal of the High Court Registrar (Administration) directing the officials to submit character/antecedents certificate, caste and income certificates and medical fitness certificate which are mandatory for applicants to government job.

Police have identified the suspect as B.G. Gopal, who was working as a data entry operator at a business solutions firm on Old Airport Road in Kodihalli. He had promised government jobs to family members of his colleagues and others, mainly from Bijapur. All the aspirants, who he had lured, had applied for the 2008 Karnataka Public Service Commission (KPSC) exams for various posts. The aspirants were assured that they would be given jobs as typist and first and second division assistants in the Karnataka High Court.

With the help of the fake letterheads, signature and seal, Gopal had asked the respective departments to issue the necessary certificates. The character, antecedents, caste, income and medical certificates of the five candidates were sent directly to the High Court by the respective departments. Strangely, the High Court had not sought any documents from any of the departments pertaining to the five candidates and the officials were surprised when they got them. Following this, Karnataka High Court Registrar (Vigilance) on June 26, instructed the city police to conduct an inquiry.

The High Court Vigilance Cell officials, who conducted an inquiry, found out that Nagappa, a resident of Bijapur, had applied for the post of second division assistant, Aravind Gangaram Rathod, Basavaraj Mullur and Banadevi Shanmukhappa of Bijapur district for the post of first division assistant and Anasuya of Yadgir district for the post of typist, and were promised jobs by Gopal. Of the five candidates, Anusuya’s husband Mr Srinivas V. Joshi, was also working as a data entry operator at a business solutions firm on Old Airport Road since 2006. Three years ago, Joshi’s colleague Gopal is alleged to have promised a typist’s post in the Karnataka High Court for Anusuya and had taken money.

Later, Mr Joshi along with his associates Shekarappa Sangappa Hosahalli and Prakash Patil Rudre Gowda, met the four other job aspirants with the promise of jobs. The report has been submitted to the High Court Vigilance Registrar. Cases against B.G. Gopal, Srinivas V. Joshi, Shekarappa Sangappa Hosahalli, Prakash Patil Rudre Gowda and the five job aspirants have been registered. “We are in the process of arresting them”, an officer of the High Court Vigilance Cell added.

 

 

 

 

PIL against Bharti Walmart for FDI violation withdrawn in HC

http://www.business-standard.com/generalnews/news/pil-against-bharti-walmart-for-fdi-violation-withdrawn-in-hc/64044/

Press Trust of India / New Delhi October 03, 2012, 20:55

Environmental activist Vandana Shiva today withdrew her PIL from the Delhi High Court filed against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy in retail sector.

“I am withdrawing the petition,” the counsel for Shiva told a bench headed by Chief Justice D Murugesan. The court allowed the plea.

Earlier, the counsel for Shiva and Additional Solicitor General (ASG) Rajeeve Mehra had said the PIL against the private joint venture firms have been rendered infructious in the wake of new central policy on FDI in retail sector.

The ASG had told the bench, also comprising Justice Rajiv Sahai Endlaw, that in the changed scenario, when the FDI in retail has been allowed, the petition loses its relevance.

Earlier, the court had issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India’s existing FDI policy.

The PIL had alleged Bharti Walmart was illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry trade here.

Cash and carry is a form of trade in which goods are sold from a wholesale warehouse and customers settle the invoice on the spot.

The PIL also alleged that many established Indian firms are acting as “front” for foreign firms to give their offshore partners a “majority control and economic interest” in retail sector here.

Walmart entered in a joint venture with Bharti Enterprises in 2007 for carrying out cash and carry wholesale trade in India.

 

 

 

Club’s resolution amounts to character assassination: HC

http://www.bangaloremirror.com/article/10/20121004201210040621521765fd8f2bc/Club%E2%80%99s-resolution-amounts-to-character-assassination-HC.html

Court suggests that Bangalore Club withdraw the resolution passed to oust former president

S Shyam Prasad

Posted On Thursday, October 04, 2012 at 06:21:27 AM

A former president of Bangalore Club, arguably the city’s most prestigious club, has approached the high court against a resolution passed by an extraordinary general body meeting of the club which terminated his presidency. 

 

MK Marattukalam petitioned the High Court that he was not an invitee to the general body meeting at which he was ousted from the post of president and even the car parking slot reserved for him was denied. It is a tradition at the club to invite the president to general body meetings.

 

In the previous hearing of the case by Justice N Ananda on September 10, the respondents, including the current president Feroze Sattar Sait, had filed their objections. 

 

During hearing of the case on Wednesday, the judge said, “You should not have attacked him personally in the resolution. These resolutions are public records. It is defamatory in nature and you are castigating a person before you hear him. How can a resolution be character assassination?”

 

Marattukalam’s advocate also told the court that on an earlier occasion, another member, Gagan Chandy, had his membership suspended for a period of two years for speaking up at a general body meeting. Chandy too had approached court and the club had sought leave to withdraw the resolution. 

 

When the judge perused the submission, he found that in Chandy’s case, Marattukalam was the president when the resolution suspending his membership was passed. 

 

The judge then commented, “So it has boomeranged on him (Marattukalam).”

 

Senior advocate Ashok Haranahalli, who was representing the respondents, revealed that Marattukalam had not answered the notices issued to him. But the judge replied, “A person’s character cannot be assassinated without him being heard. If you reverse the process it can put an end to all the problems. Call a general body meeting.”

 The case was posted for October 10.

 

 

 

 

Donor kin veto alone can’t stop organ gift to unrelated patient: Bombay high court

http://timesofindia.indiatimes.com/india/Donor-kin-veto-alone-cant-stop-organ-gift-to-unrelated-patient-Bombay-high-court/articleshow/16662915.cms

Swati Deshpande, TNN | Oct 4, 2012, 05.07AM IST

MUMBAI: In a landmark judgment, the Bombay HC has set aside a government panel’s decision to prevent a Madhya Pradesh flour mill owner from donating a kidney to his cousin, a goods loader, who is undergoing treatment at Jaslok Hospital. The government panel—the state authorization committee had rejected the cousin’s plea to donate because his own brother and minor daughters were opposed to his decision. The court has asked it to consider the man’s request again.

India’s transplantation law allows only close family comprising spouse, parents and children to donate organs. Unrelated donors require permission to give.

Bombay HC has clarified that the law on transplantation of human organs “does not confer an overriding veto on the next of kin of the donor” when the donor and donee are not close relatives.

The bond of love and affection even when not ‘near’ relatives is key to becoming a donor, it said. The court set aside the orders passed by the authorization committee.

A fact that was highlighted was that both men hail from a humble background—one is a flour mill operator earning Rs 150 a day and another a goods loader making Rs 6,000.

A bench of Justices D Y Chandrachud and Amjad Sayed held that the authorisation committee wrongly concluded that there was no bond of love and affection between the donor and donee after the brother and children of the donor, a single parent of two minor daughters, did not consent to the donation and the near relatives of the patient did not offer to donate. The Jaslok Hospital committee had approved the donation. The HC ruled that “views of the next of kin are entitled to deference but this is not to suggest that the committee, once a disagreement is expressed would have no power to take an independent decision based on the best interest of donor and recipient.” The judges said, “Ultimately, the committee has to take a judicious decision after considering all facts and aspects of law.” The court directed the committee to consider the case “afresh, expeditiously and to hold a fair inquiry into all facets of the law and facts.”

“There is always a risk involved in a transplantation procedure,” the HC said, adding, “But the degree of risk may vary from case to case based on medical condition of donor. The impact of a donation on the donor’s quality of life must be assessed and must be balanced with his desire to save a life.” It added that need to save a life is also significant from a public health perspective and directed that the “committee must realistically look at at our societal milieu to understand why a married daughter of a recipient may not be in a position to donate a her kidney to her father. These are indeed difficult question” The judges said, “The judge canot perform the role of God or an expert” and left the decision-making to the committee.

The HC pronounced the order on September 27, but the text of the judgment was made available only on Wednesday. It declared that the Transplantation of the Human Organs Act of 1994 which governs organ donation in India “balances the autonomy of an individual as decision maker with the societal interest in protecting family concerns. The Act seeks to bring a health balance between need for organ transplantations to save lives on one hand and public interest in ensuring that it does not become a facade for exploitation or organ trafficking.”

The case before the court, the judges said, “traverses medicine, social ethics and law and has profound human implications.” It gave rise to a delicate and sensitive issue of whether a single parent of two minor daughters Vijaykumar Sahu could be permitted to donate one kidney to Balmukund Sahu, his cousin—their fathers were brothers—on the grounds that they were bound by affection arising from their family dwellings in MP. Both lead modest lives. The patient is a goods-loader onto vehicles and earns less than Rs 6,000 per month.

The law in India, the court said, is aimed at saving lives and at preventing exploitation of people’s poverty, illiteracy and ignorance. The law thus allows “near relatives” defined as parents, husband or wife, children and grandparents to donate organs while alive. But it also allows a person who is “not a near relative” to donate organs out of affection or attachment or any special reason” but only after prior nod from a state-level committee. The committee is governed by certain rules and must make an inquiry to rule out commercial transactions between donor and donee and seek reasons why the donor wishes to donate.

The law requires the committee to apply its mind, said the judges, that affection is motivating factor. The HC said that the committee thus had to consider the explanation for the link between the donor and donee and can even rely on old photographs to prove the link. It has to ascertain that no tout is involved. The views of the donor’s kin is to ascertain that they are aware of the donor’s intentions.

The court held that in the present case the fact that the donee’s own relatives did not come forward to donate would not displace the affection between the donor and donee.

 

 

 

 

Rape victim critical after suicide bid at HC premises

http://timesofindia.indiatimes.com/city/delhi/Rape-victim-critical-after-suicide-bid-at-HC-premises/articleshow/16664438.cms

TNN | Oct 4, 2012, 08.32AM IST

New Delhi: A 35-year-old rape victim who allegedly tried to commit suicide inside Delhi high court premises on October 1 is battling for life at a private hospital in the Rohini area of northwest Delhi.

Police said the woman had collapsed after consuming an insecticide and was rushed to Ram Manohar Lohia hospital. Later, she was shifted to the ICU unit of another hospital.

Family members of the accused had allegedly threatened to kill the woman and her family if she didn’t withdraw the case.

One of her relatives said, “She had gone into depression after the incident. When she came to the high court for the hearing, she was threatened to take the case back. She went back to Sonepat but her husband disowned her. When she appeared for hearing on October 1, the brother of the accused asked her to turn hostile before the court. Unable to think of a way out, she thought of ending her life.”

A police source said that the victim, who belongs to Haryana, had received an interview call in 2011. The victim alleged that she was offered a cold drink laced with sedatives after consuming which she collpsed on the floor. The accused then raped herand threatened her with dire consequences if she disclosed the incident to anyone.

The man was arrested the same year after a case was lodged at Vijay Vihar police station.

toireporter@timesgroup.com

 

 

 

 

Sportsperson too can be nominated to Rajya Sabha: Centre to HC

http://www.hindustantimes.com/India-news/NewDelhi/Sportsperson-too-can-be-nominated-to-Rajya-Sabha-Centre-to-HC/Article1-939377.aspx

PTI
New Delhi, October 03, 2012

Sachin Tendulkar was nominated to the Rajya Sabha as per the constitutional provision which also allows induction of experts from the field of sports, government told the Delhi high court on Wednesday.

Additional Solicitor General Rajeev Mehra said the provision under Article 80 of the Constitution does not confine to inducting experts only from the fields of science, arts, literature and social services but also those from sports, education and other areas.

Mehra placed a copy of the affidavit, which was earlier filed in the Allahabad High Court on a similar plea against Tendulkar’s nomination to the Upper House, before the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw.

The senior counsel had told the bench earlier that the government has already taken a stand before the Allahabad High Court on the same issue and the copy of the affidavit would be produced for the court’s perusal.

The centre was responding to a PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Sachin’s nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.

“A bare reading of the Article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the Article,” he said.

“The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism, parliamentary practice and procedure, public administration, agriculture, sports (wrestling) or other similar fields of human endeavour,” the affidavit said.

 

 

 

 

Setback for ATS as Bombay HC grants bail to alleged Maoists

Posted On Thursday, October 04, 2012 at 08:58:24 AM

The two, among seven members who were arrested in Pune last year for spreading the ideology of the banned organisation, have to report to the police every Sunday

Sunil Baghel In a setback to the Anti Terrorism Squad, the Bombay High Court (HC) on Wednesday granted bail to two alleged Maoists, who were among seven arrested from various parts of the State in April last year.

Justice Abhay Thipsay granted bail to Jyoti Chorge and Sushma Ramtekke for Rs 30,000 each and one or two sureties of the like amount. To ensure that they do not abscond, the court also directed them to attend their local police station every Sunday.

The ATS had accused Chorge and Ramtekke of being members of the banned Communist Party of India (Maoist), and of spreading its ideology as part of the Golden Corridor Committee, a panel formed to propagate its doctrine in urban centres. Both of them were held in Pune, after the arrest of Anjali Sontakke, alias Angela Teltumbde, who is alleged to be the secretary of the Golden Corridor Committee.

Apart from Chorge and Ramtekke taking a common defence stand that their names never reflected in the original FIR, Ramtekke’s main defence was that she was arrested simply because she was the roommate of Anjali Sontakke, and that she was found to be using aliases.

According to ATS, however, Ramtekke was a ‘dedicated member’ of the outfit and had used at least two false names — Shraddha Gurav and Madhavi More — while spreading the activities of the banned group. She has also been accused of providing logistical support to Anjali and attending group meetings.

Chorge’s bail application contended that the pro-Maoist material she was allegedly caught with did not belong to her, and that she had been and the friend are also accused in the case.

Chorge further said that she was arrested when she was about to hand over the bags to the other accused whom she was meeting for the first time. She was less than 19 years of age at the time of her arrest.

The ATS defended their case by citing statements from the chargesheet filed in May last year, and emphasising that the material recovered from both of them showed that they were active members of the banned organisation. However, the HC declined to accept their submissions.

 

 

School inferno: HC orders plastic surgeries for two children

http://www.business-standard.com/generalnews/news/school-inferno-hc-orders-plastic-surgeries-for-two-children/64084/

Press Trust of India / Chennai October 03, 2012, 22:25

Madras High Court today directed the Tamil Nadu Government to bear the expenses of proposed plastic surgeries on two children, who received serious burns in the 2004 Kumbakonam school inferno.

Passing interim orders on a miscellaneous petition, the court directed private Apollo Hospitals to perform plastic surgeries on Kausalya and Vijay “as soon as possible” and ordered Tamil Nadu Government to bear the treatment expenses.

Petitioner K Inbaraj, Secretary, Kumbakonam Fire Tragedy Victims Association, submitted that the consultant plastic surgeon of the hospital had said that the two children required plastic surgery and the entire cost of the procedures would be around 1.25 lakh each.

In its counter, the government said it had already paid an ex-gratia amount and also issued home pattas to families of victims.

Justice D Hariparanthaman, in his order said, “The payment of ex-gratia and issue of home pattas to families of the victims cannot absolve the government from granting medical aid to children, who received burn injuries.”

Pointing out that the counter has not stated anything on the treatment given to the children, the Judge said, “The 18 children received severe burn injuries at eight years of age. Denying medical treatment to children by the state is violation of Article 14 and 21 of the Constitution.”

“In these circumstances, Apollo Hospital is directed to admit these two children for surgery as opined by its consultant plastic surgeon and perform the surgery as suggested by doctor,” he said and posted the matter for October 8.

94 children were killed when a major fire swept through a private school in Kumbakonam on July 16, 2004.

 

 

 

 

HC stays LU students’ union polls

http://www.expressindia.com/latest-news/hc-stays-lu-students-union-polls/1011764/

Express news service

Posted: Oct 04, 2012 at 0452 hrs IST

Lucknow A student challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination. Otherwise, the age as on the date of commencement of academic session is taken into consideration for all purposes, he said

The Lucknow bench of Allahabad High Court today stayed the elections of Lucknow University Students Union (LUSU), which were scheduled for October 15.

A bench comprising Justices Uma Nath Singh and Virendra Kumar Dixit passed the order on a petition of Hemant Singh, a student, who challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination.

His counsel Prashant Singh Atal said ordinarily, the age as on the date of commencement of academic session is taken into consideration for all purposes. But, as a result of this rule, the petitioner had become overage to contest the election.

The petitioner sought a direction to Lucknow University to consider his candidature for contesting the students union election by calculating his age as on the date of commencement of academic session.

“Other universities, including Delhi University and Hemvati Nandan Bahuguna University, Dehradun, have considered the age of the candidate as on the beginning of the academic session,” Hemant said.

The Lyngodh committee had recommended that elections should be held within 6 to 8 weeks from the date of beginning of the academic session. LU’s academic session started on July 16 but the election notification was issued on September 25, nine days after the recommended eight weeks’ time. “On September 27, I gave a memorandum to returning officer N K Pandey and others, but no action was taken,” said Hemant.

“The notification for election has been issued after eight weeks, and thus, the petitioner has stood disqualified to contest the election only on the ground of being overaged which should ordinarily be calculated as on the date of commencement of academic session,” said the bench.

“In the interest of justice the LUSU polls scheduled for October 15 as notified on September 25 needs to be stayed till the next date of hearing,” the court stated.

 

 

 

 

Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal

http://www.hindustantimes.com/Punjab/Chandigarh/Hoshiarpur-murder-case-HC-clears-way-for-hanging-two-convicts/SP-Article1-939350.aspx

Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012

The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.


However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.

Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”

Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.

The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.

Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.

With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.

The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.

However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”

 

 

 

 

HIV tests: HC seeks opinion of national body

http://timesofindia.indiatimes.com/city/ahmedabad/HIV-tests-HC-seeks-opinion-of-national-body/articleshow/16661472.cms

TNN | Oct 4, 2012, 01.50AM IST

AHMEDABAD: The Gujarat high court on Wednesday asked the National Institute of Biologicals to give its opinion on whether Polymerase Chain Reaction (PCR) test should be adopted instead of ELISA for reduction of window period in HIV check up during blood transfusion.

The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has roped in the national institute after it obtained response from the National Aids Control Organisation (NACO) and the controller of drugs.

The court has been making inquiry in this issue on the basis of a PIL filed by one Babulal Thakkar, who sought HC directions to authorities with claims that with adoption of PCR test instead of ELISA, the window period for check up could be reduced drastically.

The national institute has been asked to throw light on this aspect by October 19. Meanwhile, the high court has deleted Thakkar’s name from the PILs he filed in this regard after it was brought to court’s notice that he had sought registration of FIR against prime minister Manmohan Singh, UPA chairperson Sonia Gandhi and NACO director Satyen Chatterji for alleged corrupt practices.

The court has decided to continue with the PILs sans Thakker, who used to appear as party-in-person. The court has held that the issue raised by the petitioner was of very serious nature and concerns public interest.

 

 

HC seeks AG views on contempt proceedings against officials

http://www.business-standard.com/generalnews/news/hc-seeks-ag-viewscontempt-proceedings-against-officials/64087/

Press Trust of India / Jaipur October 03, 2012, 22:45

Rajasthan High Court today sought the Advocate General’s opinion on possible action it can take after finding state officials guilty of committing contempt of court during 2008 gurjar agitation for quota.

The Court was hearing the contempt petition filed by the government against Gurjar leader K S Bainsla who had led the stir.

The single bench of Justice M C Sharma had earlier issued contempt notice to former Chief Secretary D C Samant for his failure to comply with the court’s 2008 order asking the gurjar leaders not to disrupt law and order and the government to ensure its strict compliance.

Following this, government had filed the contempt petition against Bainsla and other Gurjar leaders.

The bench was of the view that while the gujjar leaders are guilty of flouting court’s order, at the same time the state government had also miserably failed to see compliance of court’s order and the entire chaos was outcome of failure of state machinery.

The bench had also asked the state government to withdraw the proceedings but the state government refused to do so.

The court today asked Advocate General G S Bapnah to frame opinion and inform it on November 5 as to what should be done by the court as it finds the officials guilty of contempt and also what were the reasons for the chaos that took place during gurjar agitation despite court’s order of peaceful demonstrations.

 

 

 

 

Residents move HC against school construction

http://www.indianexpress.com/news/residents-move-hc-against-school-construction/1011672/

Express news service : Thu Oct 04 2012, 02:00 hrs

A group of residents of Oshiwara and Lokhandwala have approached the Bombay High Court against the setting up of an international school in the area.

The petitioners, the Oshiwara Lokhandwala Residents’ Association (OLCA), have a filed a petition which was heard before a Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar.

According to them, the construction of the school premises is being carried out on two adjoining Maharashtra Housing and Area Development Authority (MHADA) plots measuring 2,160 sq m and 3,850 sq m. They claim that these two plots were reserved for a municipal school, a common playground respectively and were open spaces.

Their petition further states that in response to their query, they received a MHADA response stating that both plots, though reserved, were leased to one Janata Education Society for 30 years in August 2008.

In July this year, the residents had taken out a protest march to voice their concerns on the issue. They claim that they have written several letters to authorities on the issue, but did not get any response.

The petitioners demand that the trust should be restrained from carrying out any further construction on the plot and restore the area to its original condition.

The court has now asked the state government and the trust to file their affidavits in response to the petition within three weeks.

 

 

 

HC grants pre-arrest bail to Karunanidhi’s relative

http://www.business-standard.com/generalnews/news/hc-grants-pre-arrest-bail-to-karunanidhis-relative/64099/

Press Trust of India / Chennai October 03, 2012, 23:25

Madras High Court today granted anticipatory bail to V M Jyothimani, son-in-law of former Tamil Nadu Chief Minister M Karunanidhi’s daughter Selvi, in a land fraud case with stringent conditions including Rs 50 lakh deposit in the lower court.

Passing orders on Jyothimani’s plea, Justice G M Akbar Ali ordered that he be released on bail in the event of arrest or on his appearance before the XI Metropolitan Magistrate, Saidapet, within 15 days from the date of receipt of the copy of the order.

He should also execute a bond for Rs one lakh with two sureties each for the like sum, the court said, Jyothimani shall deposit a sum of Rs 50,00,000 before XI Metropolitan Magistrate within a period of two weeks from the date of receipt of the order, it said.

He shall produce property security to the value of Rs 1.25 crore standing either in the name of the petitioner or his close relatives and also execute security bond to that effect, it said.

The petitioner shall appear before the police daily at 10 AM for a period of two weeks, the Judge said, adding he should produce all necessary documents, including bank statements, and cooperate with the investigation.

In his complainant to police, V Nedumaran of Valasarawakkam alleged that Jyothimani had promised to sell him 2.94 acre of land in Thalambur village for Rs 5.14 crore, after claiming to be the property’s power agent in 2007 but did not execute the sale.

Though Jyothimani received a cheque for Rs 3.5 crore as advance, he “did not come forward to execute the sale nor did he return the money,” the petitioner alleged, adding that instead the said property was sold to another person.

He further alleged that Jyothimani did not entertain phone calls made by him.

 

 

 

 

HC extends stay on felling of trees

http://www.deccanherald.com/content/282930/hc-extends-stay-felling-trees.html

Bangalore, Oct 3, 2012, DHNS:

The Karnataka High Court on Wednesday extended the stay on felling of trees for road widening within BBMP area and questioned the significance of the Tree Authority and the Karnataka Preservation of Trees Act.

The court was hearing a petition filed by the Environment Support Group (ESG) and a suo motu PIL initiated by the High Court, following a letter by Justice D V Shylendrakumar to the erstwhile chief justice in 2011. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna extended the stay and clubbed the petition with another suo motu petition, where the High Court, on September 4, 2012, had told the National Highway Authority of India (NHAI) that no trees shall be felled for road construction or widening on NH-218 passing through Bijapur, Humnabad and Gulbarga.

The petitioners cited BBMP’s claim that it had planted over eight lakh trees and contended that the Palike did not state where it planted the trees. They submitted that status of the planted trees was not known and the Tree Authority “was indiscriminately permitting the felling.” The Bench also questioned the Tree Authority’s significance. “Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuing a public notice so that objections can be invited. The Act does not provide any machinery in this regard,” the Bench noted.

“So far as the availability of an appeal is concerned, it seems to us that it may be futile in those instances where the tree officer grants permission to fell a tree. The public perception is that such orders are executed instantly and at night.”

Upholding the submission of the petitioners that members of the Tree Authority were “not satisfactory,” the Bench observed: “The Act does not seem to cater for such an eventuality. Further more, so far as the constitution of the feller body is concerned, it comprises three members such as mayor or president of the Municipal Corporation, the municipal commissioner or the chief executive etc, who are in effect the persons proposing the felling or keeping of a particular tree. This may amount to a person being a judge in his own cause and is an anathema in law.”
The matter has been adjourned.

 

 

 

 

No U-turn near mall on e-way: HC

http://timesofindia.indiatimes.com/city/chandigarh/No-U-turn-near-mall-on-e-way-HC/articleshow/16663202.cms

TNN | Oct 4, 2012, 05.45AM IST

CHANDIGARH: Taking up the issue of vehicular congestion on the Delhi-Gurgaon expressway, Punjab and Haryana high court on Wednesday issued orders prohibiting U-turn near Ambience mall in Gurgaon during rush hours.

As per the HC directions, no U-turn will be allowed near Ambience mall between 8 am and 11 am in the morning hours and from 5 pm to 8 pm during evening hours. The HC has asked Haryana Police to block the U-turn.

When the matter came up for hearing before the high court, Gurgaon police informed the court that the situation has not improved at the toll plaza and traffic jams and chaos are back. Gurgaon police has also reiterated it earlier stand that the location of the toll plaza is not appropriate and its design is also faulty. Police also alleged that underpasses/bridge at the expressway are not maintained and due to faults around 200 persons have lost their lives while around 306 has been injured in the past two years.

The issue of payment to the police was also raised, following which the concessionaires submitted that they would agree on the amount settled by the court. Assistant commissioner of police Ravinder Kumar, who was also present in the court, pleaded the court for implementation of the rule that if waiting time of vehicles in queue in any lane exceeds 10 minutes the barrier of that lane should be lifted to reduce the waiting time.

During the hearing of the case, one Attar Singh, claiming to be representative of Toll Hatao Samiti, tried to intervene in the matter but the court refused to entertain his pleas and adjourned the matter for October 8.

During the last hearing on September 28, the Punjab and Haryana high court had ordered that no toll should be collected from private vehicles during peak office hours in the morning and evening. As per the orders, there will be no collection of toll from 8.30am to 10am and again from 5.30pm to 7pm. Now the same orders would continue till October 8.

Earlier on September 4, after pulling up the expressway operator for failing to put an end to chaos at the toll plaza, the HC had barred toll collection from all private as well as commercial vehicles on the stretch. The direction to stop toll fee collection came after the Gurgaon traffic police informed the court that the concessionaire was responsible for the chaos at the expressway because it had not hired enough staff to deal with traffic.

 

 

 

 

Raze 3,000 houses in a month: HC

http://timesofindia.indiatimes.com/city/jaipur/Raze-3000-houses-in-a-month-HC/articleshow/16664169.cms

Abhinav Sharma, TNN | Oct 4, 2012, 07.59AM IST

JAIPUR: An HC division bench of Chief Justice Arun Mishra and Justice Meena V Gomber came down heavily on the JDA, JMC and RHB for their failure in complying the order of the bench to remove encroachments falling in the Amanishah Nullah. The court ordered demolition of more than 3,000 dwelling units said to be encroaching on the 13km stretch of the nullaha falling in JDA and JMC region with some segregated constuctions in Mansarovar Housing Board area.

The bench also initiated contempt proceedings against former CEO of JMC, Loknath Soni for not taking any action in the last one month despite court’s order to remove encroachments. The bench has also directed the state government to taken action within 10 days against guilty officials who allowed illegal constructions or granted permission for construction and the land conversions in the catchment area and inform the court during next hearing after 15 days.

The court however, refused to extend time limit for compliance to 6 months as sought by JDA and asked that all the 3,000 or more houses that have been built in the water flow area of the original nullaha should be razed in one month.

The court also asked JDA, JMC and RHB to issue notices to the encroachers to remove their dwelling units and make paper publication of the proposed action of demolition of their houses in newspapers.

The bench recorded statements of Arvind Arya, superintending engineer of JDA, J S Yadav, CEO of JMC and A A Khan, deputy housing commissioner and expressed displeasure over the slow pace of removal of encroachments. It was submitted by JDA officials and senior advocate R N Mathur appearing for JDA that due to public resentment officials were stopped from taking any steps.

The court was told that out of a total 48km stretch of the nullah only 39km falls in JDA region and out of this 170 encroachments have been removed and only a 6km thickly populated stretch remains. On a query raised by court it admitted that around 800-1,000 houses are there in this region.

Similary, JMC said that only 7km area of the nullah is in its purview where more than 2,000 houses are within or near the catchment area of the nullah but no single house was served with the notice in the last one month owing to JDA not demarcating the central line. The housing board said there is no encroachment in the 6.5km stretch of nullah passing from Pratap Nagar and Mansarovar except that of Neerja Modi School which has already been demolished by JDAJDA. There is hardly any requirement of a central line except in a small stretch. The body language of officials speaks volume in itself showing they are under tremendous pressure and they do not seems willing to follow our orders. We know how to get the orders complied with,”observed Justice Mishra.JDA, Justice Mishra observed, “You are yourself responsible for this situation. You have allowed them to erect illegal constructions. You are trustee of this public land and now you say we cannot remove encroachments. Can this be a sensible statement? We record our strong displeasure over the fact that a large number of encroachments are still holding ground.”

 

 

 

 

HC orders status quo on memorial of spiritual leader

 

http://www.indianexpress.com/news/hc-orders-status-quo-on-memorial-of-spiritual-leader/1011751/0

Press Trust of India : Mumbai, Thu Oct 04 2012, 04:26 hrs

The Bombay High Court has granted a status quo on the memorial of Maharashtra’s spiritual leader Dr Nanasaheb alias Narayan Vishnu Dharmadhikari, proposed to come up in Alibag taluka of Raigad district at a cost of Rs 20 crore.

The status quo was granted last week by a Bench headed by Justice A M Khanvilkar who heard a petition filed by some villagers of Bamangaon group gram panchayat in Alibag taluka alleging unlawful acquisition of a 12-acre land by the state government without following procedures.

Dharmadhikari, who died in Pune in 2008, has a huge following in the state. He had devoted 60 years of his life in public service in Raigad district on the Konkan coast of Maharashtra.

On March 28, 2011, the urban development department had directed the Raigad collector to take possession of the land. On the same day, the collector took possession of the land and made entries in the land record, the petition filed by Ashok Raut and Prabhakar Raut alleged.

The petition has taken objection to the acquisition of land for erecting memorial for the spiritual leader, saying the land is currently used for grazing cattle and this practice has been going on for ages.

Also, proper procedures were not followed in land acquisition, it alleged.

The petition argued that the collector had not given a hearing to the villagers on the acquisition of land, against the principle of natural justice, adding that the decision violated their fundamental rights.

They cited a rule that if the possession of land is with gram panchayat, the government can acquire it only if the land is needed for a national or state development project, provided the gram panchayat does not require the land.

The petitioners had urged the court to quash the urban development department’s order and grant a status quo on the project.

 

 

 

 

HC stays construction of residential projects in Noida

http://www.indianexpress.com/news/hc-stays-construction-of-residential-projects-in-noida/1011770/

Express news service : Allahabad, Thu Oct 04 2012, 04:57 hrs

The Allahabad High Court today stayed the construction of multi-storey residential projects of nearly half-a-dozen private developers in sectors 75 and 120 of Noida, while hearing a petition alleging that the Noida Authority allotted land to private builders without formally acquiring it from the farmers.

The court has given two weeks time to the respondents to file their replies. The matter will come up for further hearing after three weeks. A division bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel said that the allegations made in the petition raised a question of law as to whether any public authority had the power to allot land to a third party without first acquiring it from the land owner.

The petition filed by Kalu, a farmer of Sarsabad village, through counsels Shiv Kant Tripathi and Amrita Rai, said that on April 7, 2011, a notification under Section 4 (indicating the intention of the Authority concerned to acquire land) of the Land Acquisition Act for 120 hectares in Sectors 75 and 120, falling in Sarsabad village, was issued.

Nearly six lakh square metres of land, which is roughly half of the total area for which the notification was issued, was allotted to different builders between 2010 and 2012 without the acquisition process being complete, said the petition.

“Our contention is that 17 months after the notice under Section 4 was issued, the acquisition process has not moved forward. Under the norms, the notice under Section 6 (pertaining to finalising the plots to be acquired) of the Act should have been issued within a year. Also, our main objection is land could not be allotted to private builders before it was acquired from farmers,” said Mishra. He added that all the private developers involved have begun construction on the allotted land.

 

 

 

 

HC to hear plea against land acquisition on Oct 15

http://timesofindia.indiatimes.com/city/pune/HC-to-hear-plea-against-land-acquisition-on-Oct-15/articleshow/16663326.cms

Vishwas Kothari, TNN | Oct 4, 2012, 06.00AM IST

PUNE: The Bombay high court is likely to hear on October 15 a couple of writ petitions challenging the acquisition of the 20-acre private land at survey no 245 in Lohegaon by the Pune district administration to facilitate the extension of runway at the Indian Air Force’s (IAF) Lohegaon airfield.

The acquisition process was completed on March 5, 2011 by way of invoking the urgency clause under section 17 of the Land Acquisition Act, 1894 and the land has since been handed over to the Defence Estate Officer (DEO), Pune.

However, the runway project, which was sanctioned by the Union government almost a decade ago, has since been bogged down by a spate of litigations in the high court as well as in the civil court in the city.

K M Talera, owner of a private resort that owns the acquired land, has filed the writ petition challenging the legal validity of the acquisition process. The petitioner has sought the high court directives to quash and set aside the acquisition and hand the land back to him. Another writ petition, filed by the Ex-servicemen Association of Lohegaon has been clubbed with this matter.

At the last hearing on July 31, the high court division bench of justices S A Bobde and Mrudula Bhatkar had granted time to either parties for conveying their willingness for mediation to resolve the issue.

Speaking to TOI, Talera said, “We have challenged the land acquisition on the grounds that the process was not effected by a competent authority, as laid down under the Land Acquisition (LA) Act, 1894 that is applicable to the central government. The acquisition has been done under the LA Act, 1894 that is applicable to the state government. This should not have been the case as the acquisition purpose is for a central government establishment. It is also our case that the purpose of acquisition of our land is malafide and the land comes nowhere near the runway.”

T S Arockianathan, the then DEO, Pune, has filed an affidavit in reply maintaining that the acquisition of land was completed under the LA Act, 1894 as applicable to Union of India, in due compliance with all the legal procedures and following due process of law. “It is a normal practice that when the land, which is subject matter of a particular state, is to be acquired by the central government for a public purpose, a requisition / demand is raised to the concerned state government machineries. Accordingly, Pune Divisional Commissioner and the special land acquisition officer has the authority and jurisdiction for the acquisition of the land,” the affidavit states.

On December 3, 2003, the Union government had sanctioned acquisition of the 20 acre private land at survey no 245 in village Lohegaon for extension of runway and construction of a soft ground arrester at a cost of Rs 7.54 crore. A demand for land acquisition was placed before the Pune district’s land acquisition officer by the DEO, Pune on March 10, 2004. However, the acquisition proceedings could not go further till early 2007, prompting the Ministry of Defence to write to the then state chief secretary, B K Sankaran, to speed up the acquisition process. Subsequently, the Pune divisional commissioner had issued a couple of notifications on February 13, 2007 and on September 28, 2007, the latter invoking the urgency clause, to facilitate the acquisition.

 

 

Delhi HC relief to Bharti Airtel: Ban on 3G roaming pacts stayed

http://www.indianexpress.com/news/hc-to-appoint-more-mcoca-judges/1011687/0

However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days

BS Reporter / Oct 04, 2012, 01:00 IST

 

In a major relief to 3G subscribers of Bharti Airtel, the Delhi High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.

The Delhi HC has asked the department of telecommunications (DoT) to not take any coercive action until the next hearing of the case. This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh, Kolkata, Uttar Pradesh East, Gujarat, Kerala and Haryana- where it does not have 3G spectrum, but offers 3G services through roaming pacts. The date for next hearing has not been decided.

However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.

Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.

In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.

However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India) Director-General Rajan Mathews “This (stay on DoT notice) is a good move. Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.” On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation (3G) mobile services through roaming pacts outside its licensed circles.

DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular.

Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.

In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum. Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.

Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles. Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles. While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles. The number of circles where 3G spectrum was auctioned is 22.

Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.

DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). Tata Teleservices and Aircel was also party in the petition filed by the telcos.

A two-member bench of TDSAT in July gave a spilt verdict on the matter. While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.

Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.

Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.

Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange.

 

 

 

 

High Court seeks details ofposts for JPNAIIMS

http://timesofindia.indiatimes.com/city/patna/High-Court-seeks-details-ofposts-for-JPNAIIMS/articleshow/16661827.cms

TNN | Oct 4, 2012, 02.35AM IST

PATNA: Patna high court on Wednesday directed the central government to submit details of the posts of doctors, teachers and paramedical staff for the Jaya Prakash Narain All India Institute of Medical Sciences (JPNAIIMS). The Centre also has to give the particulars of the doctors already appointed for the JPNAIIMS.

A division bench comprising Justice P C Verma and Justice A K Trivedi also directed the Centre to give particulars of the outpatient departments (OPDs) to be opened at the JPNAIIMS. The order was passed on a PIL of Council for Protection of Public Rights and Welfare.

Unhappy with the submission made by the counsel of the contractor firm, M/s B L Kashyap and Company that the construction of the JPNAIIMS hospital would be completed by May next year, the division bench directed the contractor to give undertaking that it would complete the hospital building by December 31, 2012, and hand over the building to JPNAIIMS functionaries to make the hospital functional from that day.

The contractor claimed that 90% of the hospital building had been constructed. The court, however, directed the advocates’ committee comprising the standing counsel Shashi Bhusan Kumar, petitioner’s counsel Brajesh Kumar and central government counsel Vinay Kumar Pandey, to inspect the site and submit the progress report.

The court directed the principal secretary, state building construction department, Bihar to start construction of the boundary wall of Guru Gobind Singh Hospital, Patna City. Standing counsel Shashi Bhushan Kumar submitted that the government had released Rs 1.87 crore for construction of its boundary wall.

The court directed the Bihar State Electricity Board (BSEB) to ensure uninterrupted power supply to Guru Gobind Singh Hospital. The court also directed the principal secretary, road construction department, and SSP, Patna, to take appropriate action for smooth flow of traffic on the road leading to the hospital.

PIL for doctors’ appointment: A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh recently directed the state government to file counter affidavit to a PIL giving details of the number of vacant posts of doctors in government hospitals right from the medical colleges and hospitals down to the additional primary health centres (APHCs). The court also directed the government to give details of availability of medicines in the government hospitals down to APHCs.

The court gave eight weeks time to the government to give details of the vacant posts of doctors in government hospitals. Petitioner Dhirendra Kumar has made the health department officials and all the district magistrates and civil surgeons of the state respondents seeking from them the details of the number of vacant posts in the medical colleges and hospitals, sadar and subdivisional hospitals, primary health centres (PHCs) and APHCs.

Petitioner’s counsel Sunil Kumar submitted that 60% posts of doctors in the government hospitals, PHCs and APHCs were lying vacant and due to this the existing doctors and paramedical staff were unable to cope with the workload.

 

 

 

 

11 child labourers rescued in Gumla

http://timesofindia.indiatimes.com/city/ranchi/11-child-labourers-rescued-in-Gumla/articleshow/16663760.cms

TNN | Oct 4, 2012, 07.01AM IST

GUMLA: A team of government officials here rescued as many as 11 child labourers from different places here on Wednesday.

Seven people, who had employed the children in their trade will be prosecuted and a fine of Rs 20,000 will also be slapped on them, said labour superintendent Ramesh Prasad Singh.

All these children hailing from different localities of the township were handed over to the Child Welfsare Committee (CWC), Gumla.

Some of these children showed their willingness to go back to school before district social welfare officer (DSO) Gumla- Girija Shankar Prasad who led the raid team soon after they were recovered.

Prasad took these children to his office where the children asked him, “Sir, will you teach us?”.

“We raided seven places from where 11 children engaged in different menial jobs were recovered. They were working in a hotel, two hand carts and four garages. Now we will hand them over to Child Welfare Committee (CWC).” Prasad said.

These children will be under protection of the CWC Gumla and those who are willing to study will be enrolled under formal schooling, said its chairman Shambhu Singh.

Presently these children will be lodged in a school for hearing and speech impaired here.

After verification from their parents, further action for their rehabilitation will be taken, he added.

 

 

 

Govt proposes national centre to regulate chemical industry

http://www.business-standard.com/india/news/govt-proposes-national-centre-to-regulate-chemical-industry/488428/

Anindita Dey / Mumbai Oct 04, 2012, 00:36 IST

 

The ministry of chemicals and fertilisers had proposed to set up a national chemical centre to formulate environment and human-friendly policies and contain risks posed by chemicals.

This is aimed at streamlining legislation governing the industry and making entities concerned responsible for their acts. The industry, at present, is governed by multiple legislations under several ministries — the Environment Protection Act, 1986; Factories Act, 1948; Motor Vehicles Act, 1988; Explosives Act, 1884; Disaster Management Act, 2005; CWC Act, 2000 and Land Acquisition Act, 1894.

“What we need is a REACH (registration, evaluation, authorisation and restriction of chemicals) legislation enacted in the European Union for protecting human health and environment. The Sustainable Policy and Chemical Act could replace 40 different environment-related legislations. Besides, there are no specific legislations for registration, ban and classification of substances,” said an official source.

For this, the proposed centre would provide necessary regulatory framework, trade practices, duty structure and maintain an inventory of the chemical sector containing data on production, consumption, imports, exports and toxicological properties.

It also envisages setting up of the Chemical Standard Development Organisation under its jurisdiction to facilitate the industry to comply with international standards. The objective of these changes are primarily to increase exports and position India as the research and development hub for the sub-continent.

Exports have been affected by different guidelines across countries, specifically in Europe. Though chemical exports (drug and pharma, dye/intermediates/inorganic/organic and cosmetic/toiletries) grew by 34 per cent year over the year, much of the increase in CY12 has been due to rupee depreciation rather than actual volume because quantity-wise there has been only marginal increase in exports across categories. Also, there is need to diversify into speciality chemicals rather than focus on organic chemicals to exploit export opportunities.

For this, consolidation is necessary.

The government proposes to provide financial assistance for chemical companies for consolidation of smaller capacities and establish clusters by shifting downstream capacities closer to mother plants .

 

 

 

 

CCI set to get search and seizure powers

http://timesofindia.indiatimes.com/business/india-business/CCI-set-to-get-search-and-seizure-powers/articleshow/16663755.cms

Surojit Gupta, TNN | Oct 4, 2012, 07.00AM IST

NEW DELHI: The government is set to give search and seizure powers to the Competition Commission of India (CCI) to help it investigate companies indulging in unfair trade practices.

Sources said it is one of the most significant elements in the amendments being proposed to the Competition Act, 2007 that would be discussed by the Union Cabinet on Thursday. The move will help the director general (investigation), who is attached to the CCI, to get information from companies that are not cooperating.

A probe by the DG is at the heart of most orders passed by CCI as it helps establish if a firm or an industry is indulging in unfair practices. Often, in the absence of data from companies investigation is hampered, officials said. As a result, the DG is now being given powers under the Code of Criminal Procedure with the safeguard that search and seizure can be done after getting a nod from the CCI chairman.

If the move on search and seizure is aimed at improving the quality of investigation by the fairplay watchdog, the government is also looking to provide protection to intellectual property systems of companies and other entities that deal with CCI.

In addition, in a move to help hasten mergers and acquisitions, the government is proposing in that a proposal would be deemed to be approved within 180 days, instead of 210 days prescribed at present. Currently, all M&As over a specified value have to be approved by CCI to check against creation of mega enterprises that dictate market terms. In fact, the law empowers CCI to seek an investigation to find out if a proposed combination is against the interests of consumers or not.

Similarly, companies can now hope to get an extension of 180 days, instead of 90 days, provided in the law at present as there is a proposal to amend the law to give more time if an extension is sought. Although the Competition Act has been in place since 2007, CCI decided to use the powers to clear M&As only last year. The law also empowers the regulator to ask companies to divide their business into multiple units in case it is felt that the entity has assumed a dominant position in the market.

 

 

 

 

Rent act a damp squib, doesn’t cover existing tenancies

http://www.indianexpress.com/news/rent-act-a-damp-squib-doesn-t-cover-existing-tenancies/1011668/0

Chitleen K Sethi : Chandigarh, Thu Oct 04 2012, 01:58 hrs

 

Seventeen years after it was passed by the Assembly, the Punjab Rent Control Act-1995, which is now going to be finally implemented, brings no cheer to those looking forward to it the most. The Act is going to be implemented prospectively — from the date of notification — and will protect the interests of only those landlords and tenants who sign rent agreements and deeds after the date of notification.

Thousands of landlords and tenants who are embroiled in protracted litigation for decades over the payment of ludicrously low rents in old city markets will not get any relief under this Act. Sources said the move comes in wake of immense pressure on the SAD leadership by the BJP, which has a major vote bank among shopkeepers in towns.

Though the cabinet on Tuesday had adopted the 1995 Act per se, which extends to existing tenancies, it has been decided that the Act be amended the day it is notified to state that it will not be applicable to existing tenancies. The amendment will then be passed as an ordinance and only then will the Act be implemented.

Parts of Section 3, 6, 7 and 9, which allowed existing landlords to demand a certain minimum revised rent from the tenant will removed from the 1995 Act. Existing landlords cannot move the rent authority, which will be constituted under the Act for relief in older cases. They would continue to be governed by the Eastern Punjab Rent Restriction Act-1949.

While this renders the Act useless for those landlords who are already stuck with low rents, it is expected to make the tenancy laws stricter for the future. The new Act provides for a compulsory registration of the tenancy agreement between the landlord and the tenant.

Also, the implementation of the Act will help the state get its share of JNNURM funds. Existence of rent control laws is one of the several reforms to be carried out by the states to be eligible for JNNURM funds.

Since the Act is going to be implemented from the day it is notified, the cabinet has also done away with the limit of Rs 2,000, which had earlier been set as the cut-off rent amount for the implementation of the Act. The 1995 Act had laid down this limit as Rs 1,500 to Rs 3,000 depending on the area where the property is located. However, the Act will be amended to exclude any such limit.

The Punjab Rent Control Bill was passed by the Assembly in April 1995 and got the President’s assent in 1998. However, the Act was never notified.

The Act arms the landlord with legal teeth to evict tenants. The strong tenant lobby, however, has been opposing Act for years on the grounds that it will lead to an increase in rents. The BJP has been airing the cause of the tenants and objecting to the notification of the Act.

 

 

Legal News 04.10.2012

M’rashtra gets notice on farmers’ suicides

http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html

Mumbai, Oct 3, 2012, DHNS:

565 cultivators took their lives since January 2012

The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.

Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.

Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”

Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.

The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.

According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.

“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.

“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.

 

 

 

 

 

Kerala to pay Rs. 10 lakh to former ISRO scientist as compensation

http://www.thehindu.com/news/states/kerala/kerala-to-pay-rs-10-lakh-to-former-isro-scientist-as-compensation/article3961760.ece

Roy Mathew

Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.

Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.

Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.

It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.

 

 

 

 

Qasab deserves legal aid to draft mercy plea

http://www.mumbaimirror.com/article/2/2012100420121004020503161a2c1a95e/Qasab-deserves-legal-aid-to-draft-mercy-plea.html

Advocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases

Posted On Thursday, October 04, 2012 at 02:04:36 AM

A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.

Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law – even in Qasab’s case.

Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?

Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.

Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.

Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.

Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.

The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.

Given that the death penalty exists in India, doesn’t Qasab deserve it?

An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?

How else can Qasab be punished, given the enormity of his crime?

Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.

Do you feel Qasab deserves mercy?

I think all of us – the best and the worst – are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our  society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.

As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.

 

 

 

 

Asergis moves Tribunal against Airtel

http://www.thehindubusinessline.com/industry-and-economy/info-tech/article3962020.ece

Our Bureau

New Delhi, Oct. 3: 

Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.

Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.

One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.

Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.

The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.

thomas.thomas@thehindu.co.in

 

 

Centre plans one tribunal for all inter-state water disputes

http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/

Press Trust of India / New Delhi October 03, 2012, 20:05

Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.

The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.

“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.

He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.

Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.

He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”

Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.

The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.

 

 

 

SAT sets aside Sebi order against JP Associates’ Chairman

http://www.moneycontrol.com/news/business/sat-sets-aside-sebi-order-against-jp-associates-chairman_764632.html

The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates’ Chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.

Source: PTI

The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates  ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.

 

After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.

 

After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur. 

 

However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
    
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
    
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
    
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show  that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
    
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
    
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
   
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
    
“We, therefore, set aside the impugned  order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
    
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.

 

 

 

 

Rs 30.58 Lakh for accident victims’ family

http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx

PTI
New Delhi, October 03, 2012

The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the

vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.

“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.

According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.

He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.

 

 

 

Compensation for girl after 12 years

http://www.asianage.com/mumbai/compensation-girl-after-12-years-250

Oct 04, 2012 |

The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.

 

 

 

 

Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09

AJIT PATOWARY
 GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.

The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.

North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.

“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.

On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.

On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”

The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.

 

 

 

 

Two women working for Rs. 15 a month for 42 years

http://www.thehindu.com/news/states/karnataka/two-women-working-for-rs-15-a-month-for-42-years/article3962218.ece?homepage=true

Special Correspondent

Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.

The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.

After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.

Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.

Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.

Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.

“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.

“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.

Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.

 

 

 

 

 

 

Sharan appointed NCW Member Secretary

http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/

Press Trust of India / New Delhi October 03, 2012, 15:05

Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).

Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.

The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre

Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.

He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.

The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.

Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..

 

 

Judge blasts government for harming education

http://timesofindia.indiatimes.com/city/hyderabad/Judge-blasts-government-for-harming-education/articleshow/16661649.cms

TNN | Oct 4, 2012, 02.10AM IST

HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.

The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.

The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.

He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.

Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.

The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.

 

 

 

 

Amicus Raju declines fee in Kasab case

http://www.thehindu.com/news/national/amicus-raju-declines-fee-in-kasab-case/article3962549.ece

Legal Correspondent

Honororium for him and Gaurav Agrawal will go to kin of slain policemen

The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.

A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.

(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)

After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”

It’s Judicial Academy

The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.

The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”

 

 

 

 

PIL to remove anti-Islam clips from YouTube filed in HC

http://articles.timesofindia.indiatimes.com/2012-10-03/internet/34238313_1_anti-islam-google-india-pil

PTI Oct 3, 2012, 07.20PM IST

NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.

Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.

“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.

A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.

Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”

The petitioners sought removal of 13 minutes video clip/trailer from You Tube.

Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.

According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.

 

 

 

Spy funds used in PIL against army chief?

http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx

Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012

New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh

A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical

Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.

The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.

Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.

Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.

Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”

During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.

The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.

The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.

Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.

Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.

The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.

 

 

 

 

 

Mayor inspects roadside shops in Civil Lines area

http://timesofindia.indiatimes.com/city/allahabad/Mayor-inspects-roadside-shops-in-Civil-Lines-area/articleshow/16664093.cms

TNN | Oct 4, 2012, 07.46AM IST

ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.

President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.

On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.

He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.

 

 

 

 

Tiger numbers have risen, insists Centre

http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html

New Delhi, Oct 3, 2012, DHNS:

 The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.

Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.

Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.

He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.

Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.

During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.

This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.

“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.

“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.

However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.

 

 

 

 

KNPP Stir: TN Govt Rejects Charges of Police Excesses

http://news.outlookindia.com/items.aspx?artid=777157

 Madurai | Oct 03, 2012

 

Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.

It also denied having blocked essential commodities reaching the anti-nuclear protestors.

Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.

They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.

He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.

The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.

Pressing for a judicial probe, he alleged police had trespassed into houses and a church.

The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.

He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.

Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.

The judges after hearing counsels, posted the case for hearing tomorrow.

 

 

 

 

Finally, UP to ban gutkha from April next year

http://www.indianexpress.com/news/finally-up-to-ban-gutkha-from-april-next-year/1011783/

Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs

 

A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.

Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.

 

 

 

 

Kerala high court frowns at serial public interest litigations

http://timesofindia.indiatimes.com/city/kochi/Kerala-high-court-frowns-at-serial-public-interest-litigations/articleshow/16661738.cms

TNN | Oct 4, 2012, 02.24AM IST

KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.

The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.

In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.

 

 

 

 

 

Oshiwara residents move court to save open space

http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx

HT Correspondent, Hindustan Times
Mumbai, October 04, 2012

An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.

The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.

The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.

They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best  price.

In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.

In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.

The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.

However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.

Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.

 

 

 

 

Government cannot touch pricing mechanism of essential drugs: Supreme Court

http://profit.ndtv.com/news/nation/article-dont-touch-pricing-mechanism-for-essential-drugs-supreme-court-tells-government-311594

NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)

The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.

The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.

The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.

Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.

Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.

The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.

“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.

The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”

The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”

The case will now be taken up on 9 October.

 

 

 

 

Remove squatters in 30 days, HC tells goverment

http://daily.bhaskar.com/article/RAJ-JPR-remove-squatters-in-30-days-hc-tells-goverment-3877617-NOR.html

DNA | Oct 04, 2012, 04:09AM IST

Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight. 

 

Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola. 

 

During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers. 

 

However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days. 

 

Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday. 

 

 

 

 

SC gives six months to government for toilets, water in schools

http://timesofindia.indiatimes.com/india/SC-gives-six-months-to-government-for-toilets-water-in-schools/articleshow/16662901.cms

Dhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST

NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.

A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.

“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.

The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.

The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.

Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.

The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.

In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.

In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”

The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.

The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.

It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”

 

 

 

 

SC seeks govt reply on new drug pricing policy

http://www.livemint.com/Politics/nO0pgggqrWXmNQcVI1nXNK/SC-seeks-govt-reply-on-new-drug-pricing-policy.html

Failure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime

Vidya Krishnan

First Published: Wed, Oct 03 2012. 11 16 PM IST

Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint

 

New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.

Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.

The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.

The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.

Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.

“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.

According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.

“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).

Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.

“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.

“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.

The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.

 

 

 

 

Bapunagar stadium to be converted into a lake

http://timesofindia.indiatimes.com/city/ahmedabad/Bapunagar-stadium-to-be-converted-into-a-lake/articleshow/16661608.cms

TNN | Oct 4, 2012, 02.05AM IST

AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.

Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.

The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.

It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.

The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.

“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.

 

 

 

 

 

 

 

Supreme Court verdict on CAG mandate: A step in the right direction

http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html

MG Warrier | 03/10/2012 12:15 PM | 

The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements

The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.

 

On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.

 

For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team.  By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.

 

The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.

 

The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.

 

The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
 

The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.

 

The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.

 

A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.

 

As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.

 

The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.

 

Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.

 

 

 

 

Court relief to Saudi navy captain

http://www.mumbaimirror.com/article/2/20121004201210040204459585ddcb997/Court-relief-to-Saudi-navy-captain.html

Mumbai Mirror Bureau

Posted On Thursday, October 04, 2012 at 02:04:36 AM

 In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.

A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.

Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.

Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.

To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.

He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.

 

 

 

 

Let operative Abu Jundal handed over to ATS in Mumbai

http://timesofindia.indiatimes.com/city/nashik/Let-operative-Abu-Jundal-handed-over-to-ATS-in-Mumbai/articleshow/16661600.cms

Santosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST

NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.

Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.

Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.

He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.

Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.

Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.

While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.

During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.

 

 

 

 

 

Students get life term for murder

http://www.deccanchronicle.com/node/161418

October 4, 2012

Trichy

A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.

According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.

The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.

In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.

Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.

When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.

Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.

The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.

 

 

 

 

With no confidence on management, most Delhi staff shun meeting with CEO

http://profit.ndtv.com/news/corporates/article-kingfisher-airlines-ceo-to-meet-staff-at-different-bases-ball-in-airlines-court-says-Ajit-Singh-311609

NDTV | Updated On: October 04, 2012 10:53 (IST)

The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.

Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.

Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.

The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.

Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.

In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.

The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.

“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.

The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.

Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.

When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.

The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.

When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.

In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.

Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.  

Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA.  The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.

Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”

The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.

In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”

If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.

Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.

With inputs from agencies

 

 

 

 

3 witnesses depose in Kush murder case

http://timesofindia.indiatimes.com/city/nagpur/3-witnesses-depose-in-Kush-murder-case/articleshow/16661580.cms

TNN | Oct 4, 2012, 02.01AM IST

NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.

The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.

The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.

Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.

 

 

 

 

Cash for bail: Former CIA inspector shifted out of Panchkula

http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx

HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012

Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.

Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.

As per the FIR, on the day of arrest