LEGAL NEWS 06.10.2012

82 new cases of silicosis found in MP

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

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.







‘CERC infringing on CCI jurisdiction; there has to be one expert body’

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

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


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’

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 | 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

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

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.





Land acquisition payout can’t be attached till it reaches owner: HC

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.

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

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

Submitted by admin4 on 5 October 2012 – 8:51pm


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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

October 6, 2012



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

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

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

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

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

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

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

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

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

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

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

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

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’

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’

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

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

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


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

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

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

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

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

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

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

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.



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.



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.”



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.

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.

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


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

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

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

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

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

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

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”

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

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

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

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 –

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

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

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

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

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

Submitted by admin4 on 5 October 2012 – 8:49pm

India News


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

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

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

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

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

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

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

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

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

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.



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