LEGAL NEWS 22.03.2013

31 accused get bail in Suryanelli case


A Division Bench of the Kerala High Court on Thursday granted bail to 31 accused persons in the Suryanelli sex scandal case on stringent conditions after suspending the execution of the sentences awarded to them by a Special Court.

The Bench comprising Justice K.T. Sankaran and Justice M.L. Joseph Francis, while allowing the bail pleas, observed that it would not be just and proper to direct the accused to remain in jail till the disposal of appeals, particularly when they were on bail during the trial and the appellate stage. The court also noted that the High Court had earlier suspended the execution of sentence in 2000 and released them on bail during the hearing of the appeals.

The accused moved the High Court following the Supreme Court verdict setting aside the High Court judgment acquitting all the accused including three women accused, except Dharmarajan in the case.

Dharmarajan did not file any petition seeking to suspend the execution of the sentence and to release him on bail.

So, Dharmarajan, arrested recently from Karnataka, will continue to stay in the Central Prison, Thiruvananthapuram.

Dismissing the pleading of the prosecutor that the accused be directed to surrender before granting them bail, the Bench pointed out that the appeals had been posted for hearing on April 2. It would be possible to dispose of the appeal at the earliest .Therefore, it was improper to direct the accused to surrender before the trial court.




Onchiyam murder: witness deposes in trial court


Says he saw some of the assailants 9 days ahead of incident

A prosecution witness in the T.P. Chandrasekharan murder case told the trial court in Kozhikode on Wednesday that he saw M.P. Sanoop (accused number 22), along with T.K. Rajeesh (fourth accused), one of the alleged killers, on the Vadakara-Nadapuram road nine days before the incident.

Deposing before Special Judge R. Narayana Pisharadi, Special Additional District and Sessions Court (Marad cases), the witness, P.M. Pramod, said he had seen Sanoop arrive in the Toyota Innova multi-utility vehicle allegedly used by the assailants.

The case related to a seven-member hired gang hacking to death Revolutionary Marxist Party (RMP) leader T.P. Chandrasekharan at Onchiyam on May 4, 2012.

According to the prosecution, Sanoop, an activist of the Democratic Youth Federation of India (DYFI), had gone with some of the alleged killers to identify the regular routes used by Chandrasekaharan between April 25 and May 4, 2012.

The accused had facilitated the murder of Chandrasekharan and voluntarily concealed the existence of the design to commit the murder, as per the charge sheet.

The witness said he had seen Sanoop arrive in the Toyota vehicle at the eastern side of the bus station near the AKG Centre on the Vadakara-Nadapuram road at 4 p.m. on April 26. At that time he was waiting at the bus station after some work at a furniture shop owned by one Ashokan, he said.

Pramod said he had particularly noticed Sanoop, who was his neighbour and friend, as he had arrived in a luxury car.

Afterwards, he went to a shop. A fat bald man was sitting in the front seat apart from the driver in the vehicle. Some others were also inside.

He came to know that through newspaper reports that the Toyota vehicle was used by the assailants.

He had identified Rajeesh through news reports.

During cross-examination, Pramod admitted that he was an activist of the RMP and he was named second accused in a case relating to the attack on P. Mohanan (fourteenth accused in the murder case), member of the Kozhikode district secretariat of the Communist Party of India (Marxist).

He said he had been involved in two cases including an attack on Sanoop. One case had been settled. A case was also registered against Sanoop for attacking him, he said.

Special public prosecutor C.K. Sreedharan examined the witness while defence counsel B. Raman Pillai cross-examined him.

The prosecution also decided to give up examination of two other witnesses, P.P. Preejith and U. Rajan, after suspecting that they could turn hostile during trial.


The court ordered that the accused be released on bail on their executing a bond for Rs.50,000 each with two solvent sureties each to the like amount before the trial court.

The other conditions were that they should ‘not cause any annoyance to the peaceful life of the victim and her family members in any manner whatsoever, and they should ‘not leave the State without the permission of the court and should surrender their passports before the court.’




Court lifts ban on media coverage of Delhi gang-rape trial

Edited by Ashish Mukherjee | Updated: March 22, 2013 11:43 IST

New DelhiThe Delhi High Court has ruled that reporters from newspapers will be allowed to attend and report on the trial of four men accused of raping and murdering a medical student on a moving bus in Delhi in December.

The trial was being held in-camera or behind closed doors on the orders of the special fast-track court in south Delhi commissioned to handle the case. The media could not report on what witnesses said in court, for example.

Six men were arrested for the horrific assault on the student, which included violating her with an iron rod. One of them, a 17-year-old, is being tried by a juvenile court. Of the five adults, the alleged mastermind Ram Singh committed suicide earlier this month by hanging himself in his cell at Tihar Jail.

December’s attack on the student made international headlines and forged massive street protests in India, resulting in new and tough laws to punish crimes against women.

The laws – cleared by Parliament this week – recognise stalking and voyeurism as criminal offences and provide for the death penalty for extreme cases of rape which leave the victim dead or in coma.




Aashiana rape: Case sent back to juvenile board

TNN | Mar 22, 2013, 07.07 AM IST

LUCKNOW: In a relief to the main accused in the Aashiana gang rape case, a local court on Thursday allowed his appeal against the Juvenile Justice Board’s order which had declared him an adult at the time of the crime in 2005. The accused, Gaurav Shukla, had submitted that he was not allowed by the Board to produce evidence in support of his contention.
Additional Sessions Judge S N Agnihotri gave a month’s time to Gaurav to produce evidence and directed the board to dispose of the case in a month after submission of age proof. The other five accused in the case have already been convicted.

The victim, daughter of a scrap dealer, was 13 years old when she was allegedly abducted, assaulted tortured brutally and gang-raped by six brats on May 2, 2005. While the five accused in the case have been convicted so far, the trial of the prime accused could not begin due to dispute over his age. Significantly, while the prime accused is married and has settled in life, the victim is forced to live in hiding due to life threat and social stigma.

Gangrape victim’s quest for justice continues

On January 15 last, when the Juvenile Justice Board declared Gaurav Shukla, the prime accused in the Aashiana gang-rape case, an adult at the time of incident (May 2, 2005), the victim’s family was overjoyed that the justice, though delayed , has finally been delivered.

However, two months later, it found itself back to square one with additional sessions court sending the case back to the board on the appeal of the accused , who claimed that he was not allowed to put evidences in his defence, while deciding the age dispute.

The victim, Zahira (name changed), broke down after hearing court’s order, but thanked the court for fixing a time frame for disposal of the case. Zahira’s father said, , “We are back to square one. Why the Almighty has put us through such a difficult test…How long we will have to fight for justice.” Social activists supporting Zahira were also disheartened. State general secretary, All India Democratic Women’s Association , Madhu Garg, said the sequence of events and legal battle in the case show how difficult it is in India for a rape victim, particularly from a poor family to fight against an influential accused . She also drew attention towards the controversy, which had erupted last month when the birth record of Gaurav went ‘missing’ from the record room of the Lucknow Municipal Corporation . However, it was ‘discovered’ later when municipal commissioner RK Singh took a tough stand on the complaint of victim’s father. The LMC birth record is crucial evidence because on its basis, the Juvenile Justice Board had declared Gaurav adult at the time of incident.

To recall, the prime accused in the case is also nephew of mafia-turned-politician Aruna Shankar Shukla who is close to the ruling Samajwadi Party chief Mulayam Singh Yadav and party’s candidate for 2014 Lok Sabha elections from Unnao. Shankar, however, claims he has no relations with Gaurav’s family for last 20 years.

After gang-rape , the accused dumped the profusely bleeding girl on the roadside to die but she survived and lodged a case with the police. Before the arrest in the rape case, however, the prime accused was booked by the police in another criminal case in which he managed to get himself declared juvenile. As a result, he was declared minor in the rape case as well. But, after the victim’s family challenged the order, the district court directed the Juvenile Justice Board to re-examine the case on the basis of the medical examination reports and the documents produced by the victim. The legal battle continued for years before the board declared Gaurav adult at the time of incident on January 15 earlier this year, paving way for the trial to start.

The trial was to begin from January 21, but on January 18, Gaurav filed appeal against the board’s order before Sessions Judge KK Sharma. The appeal was admitted for final adjudication but the judge refused to stay the order. He, however, put a rider that the final verdict will not be delivered till the disposal of the appeal. Initially, hearings of the appeal and the trial of Gaurav were held in the Court of Judge Sharma. On February 4, however, Justice Sharma transferred the trial to the Court of Additional Sessions Judge Akhilesh Dubey. On February 5, after hearing the appeal for few days, Judge Sharma transferred it to the Court of Additional Sessions Judge S N Aginihotri. Justice Dubey fixed February 6, for the trial to begin.

Gaurav, however, moved an application against Justice Dubey requesting the Sessions Court to transfer the trial to another court. He said Justice Dubey had already convicted a coaccused Faizan, hence, the judge would be prejudiced and he had no hope of a “fair trial” . On February 19, the trial was shifted to the court of additional session judge ( CBI) Brijesh Kumar Mishra . But before the trial could begin , Gaurav filed a petition in the Lucknow bench of Allahabad High Court pleading that he had filed an appeal against the Board’s order, hence, trial proceedings should be stayed till its disposal. The court stayed the trial and issued order to decide the appeal within a month. Now, the Additional Sessions Court has sent the matter back to the board.




Convict had urged TADA court to drop “Kutta” tag

PTI : Mumbai, Thu Mar 21 2013, 17:04 hrs

A convict in the 1993 serial bomb blastsc, also known as “Salim Kutta”, had urged the designated TADA Court to drop the epithet as he found it derogatory.

Mohammed Salim Mira Shaikh, whose life sentence was today confirmed by the Supreme Court for his complicity in the 1993 serial bomb blasts case, had urged the designated TADA Court during the trial to drop the offencive epithet “Kutta”, which means dog in Hindi, from the court records.The convict was known as “Salim Kutta” in underworld circles because of his ruthless approach towards rivals as he used to pounce upon them like a ‘ferocious dog’. “Do I look like a Dog?” he politely asked the court once.

However, hearing his plea, designated TADA Judge P D Kode had passed an order dropping the word “Kutta” from the records after observing that every person had the right to live with dignity under the Constitution. Salim was leading a module working for the prime absconding accused in this case- Mohammed Dossa.

He had participated in the landing of arms and ammunition in Gujarat. Salim and his men had collected the weapons and RDX and distributed them to co-accused. These explosives were used in the 1993 blasts.

There were two other landings of arms and ammunition at Dighy and Shekhadi coasts in Raigad district of Maharashtra which were organised by another absconding accused Tiger Memon. Salim was convicted by the trial court for participating in the conspiracy leading to 1993 serial blasts and distribution of arms and ammunition used in explosions.





AP to challenge Supreme Court relief for SKS Microfinance on resuming ops

BV Mahalakshmi : Hyderabad, Fri Mar 22 2013, 10:16 hrs

The Andhra Pradesh government has decided to challenge the Supreme Court interim relief order given to SKS Microfinance for resuming loan operations in the state. The SC order says that the company has to adhere to the Andhra Pradesh Microfinance Institutions (Regulation of Money Lending) Act, 2011, with respect to new loan disbursements, interest rates and recovery practices.

Speaking to FE, Reddy Subramaniam, principal secretary, rural development, Andhra Pradesh government, said, “The interim relief came without any notice to the state government, which is the main party in the SKS case. We could have clarified if we were informed earlier as in any special leave petition (SLP) cases. Hence, we have decided to challenge the interim relief order at the earliest.”

Reddy clarified that there was no blanket ban on the company to stop operations. “We only suggested that the company has to abide by the state regulations to carry out their operations,” he said. “We have neither arrested anybody so far as claimed by the company and not stopped them from recovering their dues from borrowers,” he said.

The state law, the Andhra Pradesh Microfinance Institutions (Regulation of Money Lending) Act, 2011, defines that no company should use any coercive methods or any mode of harassment on borrowers.

More than 80 suicide cases have been reported in the state due to harassment by the microfinance institutions due to bad recovery methods. Incidentally, the District Rural Development Agency (DRDA) had also cancelled the registration of SKS Microfinance in Mahabubnagar district for allegedly not following rules.

Recently, insurance regulator Irda also slapped a penalty of R50 lakh on SKS, which collected extra funds, apart from the premium, as a corporate insurance agent without proper disclosure to policy holders.

Recently, the Andhra Pradesh HC division bench dismissed the petitions filed by SKS and other microlenders against the Andhra Pradesh Microfinance Institutions (Regulation of Money Lending) Act, 2011. The company then moved the apex court. Also, the SC asked the AP government not to take coercive steps against the company.





Sadik encounter case: Guj HC refuses bail to DySP

Last Updated: Thursday, March 21, 2013, 23:26

Ahmedabad: Gujarat High Court today rejected the bail plea of Deputy Superintendent of Police Tarun Barot, one of the accused in the 2003 Sadik Jamal encounter case.

Justice A S Dave, while rejecting the bail application, noted that CBI, in its charge sheet, had prima facie found Barot’s involvement in the case.

The charge sheet says that Barot went to Mumbai in January 2003 and brought Sadik to Gujarat before the alleged encounter, the court noted.

Co-accused and former Mumbai journalist Ketan Tirodakar, who had claimed that Sadik was not killed in encounter but was murdered, too had given a statement against Barot, the HC noted.

Earlier, special CBI court in January rejected Barot’s bail plea, noting that as per the central agency’s case, “prima facie Sadik was taken from Mumbai by DSP Tarun Barot on January 3, 2003 and Sadik was last seen with him before he was killed in cold blood”.

Barot was arrested by the CBI on September 26 last year. The CBI has also said that he was a part of the police team which carried out the encounter. He is facing charges under sections 302 (murder), 120(B)(criminal conspiracy), and 342 (wrongful confinement) of the Indian Penal Code.

Sadik Jamal, a resident of Bhavnagar, was killed in encounter by the Gujarat police in Ahmedabad on January 13, 2003.

Genuineness of the encounter came under a cloud after Tirodkar filed an affidavit before a Mumbai court saying that he was witness to Jamal being handed over to Gujarat police by “encounter specialist” officer Daya Nayak of Mumbai police.






Karnataka HC okays Wipro’s demerger plan; stock down

Wipro gained more than one percent in early trade on Friday after Karnataka High Court approved the demerger plan of the company, but the stock could not sustain its early gains.


At 09:49 hours IST, shares declined 0.64 percent to Rs 431.35 on Bombay Stock Exchange.


In a release sent to exchanges, Wipro said the “High Court of Karnataka has approved the Scheme of Arrangement for demerger of ‘diversified business’ of Wipro as provided in the Scheme”.


Last year in December, the country’s largest software firm Wipro had said its shareholders have approved the scheme of arrangement between Wipro (demerged company), Azim Premji Custodial Services Pvt Ltd (resulting company) and Wipro Trademarks Holding Ltd (trademark company).


The company had announced that it will demerge its non-IT businesses like Consumer Care & Lighting into a new company to focus exclusively on information technology.


Wipro will continue to remain a publicly listed company focusing exclusively on IT.


(With inputs from PTI)






Orissa HC orders eviction around Puri temple

Last Updated: Thursday, March 21, 2013, 23:36

Cuttack: The Orissa High court today gave its stamp of approval to Shri Jagannath Temple Administration in demolishing all encroachments within 10 feet distance from the boundary wall of the 12th-century shrine to retain its majesty and splendour.

A division bench of Chief Justice C Nagappan and Justice Pradeep K Mohanty directed all the parties concerned to be present on March 29 at 11 am in the office of the chief administrator for measurement to be undertaken by the district administration to demolish the illegal structures.

With this order, the High Court’s stay on eviction drive around the temple imposed last year is now vacated.

The order said all illegal structures should be demolished within 15 days from March 29 and Archaeological Survey of India would complete all repair works of the Lion’s Gate (Singhadwar) of the temple within three months.

The HC also made it clear that no structure close to the wall should have height more than the boundary wall which stands five meters tall.

Following an earlier HC order, the temple authorities had issued notices to Pratihary Nijog (a body of major servitors) in March last year to demolish its office which was close to the boundary wall and stands taller than it.

The Pratihary Nijog moved the HC challenging the notice stating that its office was about 27 feet away from the boundary wall. The HC had then stayed the eviction drive.

During the adjudication of the petition, two HC judges had visited the temple to ascertain if there was any threat to the Lion’s Gate as perceived by many, including ASI.

Puri district collector had also in a report said the Lion’s Gate needed immediate repair as it posed a threat to the devotees visiting the temple.

The report also mentioned that the boundary wall became unsafe by pressure from the nearby Badachhata Mutt.

The collector had suggested immediate demolition of Pratihary Nijog office located between the gate and the mutt for safety reasons. Similar views were expressed by various other agencies.






Bombay HC’s poser to Maharashtra Police on vacancies

Last Updated: Thursday, March 21, 2013, 20:

Mumbai: The Bombay High Court on Thursday asked the Maharashtra Police whether it was geared to tackle the issue of vacancies that will be created due to retirements every year and suggested setting up of more training centres for the force.

A Division Bench of Justices AM Khanwilkar and AP Bhangale made the observation while hearing a Public Interest Litigation (PIL) highlighting large vacancies in police force.

“Every year there might be a percentage of police officers retiring from the force thus creating more vacancies. Are you (police) geared up to tackle this issue? You need to have more training centres so that the number of police personnel recruited after training is double than those retiring,” Justice Khanwilkar said.

Asked by the Bench as to how many police officers retire every year in the state, Additional Public Prosecutor Prajakta Shinde put the figure at 10 to 15 but this failed to convince the Judges.

“How can only 15 persons retire every year from a force with a strength of over two lakh. Ask some senior police officer to remain present on the next date,” the court said and posted the matter for further hearing on March 25.

The HC was informed two additional training centres will be set up soon and by December 2013 the number of posts lying vacant in the police department will come down to 4,900.

An affidavit filed last year by NM Shinde, Deputy Secretary, Home Department, stated that 26,985 posts of police officers were vacant in the state.






Seal polluting agarbathi units, says HC

Bangalore, March 21, 2013, dhns:

The High Court on Thursday directed the Bruhat Bangalore Mahanagara Palike (BBMP) to seal agarbathi units which have been disposing of chemicals into the drains and polluting the environment.

The Division Bench comprising Chief Justice D H Waghela and Justice B V Nagarathna gave the order, hearing a petition by Suvarna and others, all residents of Adarshnagar in Chamarajpet, seeking that the polluting agarbathi units be closed down.

The petitioners submitted that the chemicals used in making agarbathis were harmful and would lead to several health problems. When the government counsel submitted that the chemicals used in agarbathis were not harmful, the bench objected to it and said, “Even the chemicals used in the kitchen are harmful, how can you say that?”

The bench was surprised when it found that neither the BBMP nor the Karnataka State Pollution Control Board had submitted the list of chemicals used in agarbathis, except imposing several conditions in the manufacturing process.




HC seeks details of plans for litigants security

Saeed Khan, TNN | Mar 21, 2013, 06.18 PM IST

AHMEDABAD: Gujarat high court has sought a report from the state police on its policy and preparedness for security of the litigants on the court campus. Earlier, Justice Anant Dave had asked the cops to come up with a report on its policy in regards with the security of the high court campus.

The court made these queries during the hearing of a bail application filed by suspended police inspector F M Kureshi, who was in charge of the HC campus’s security. He was arrested by the city crime branch on charges of planting a crude bomb near the court campus and then raising scare by making a show of detection.

Kureshi allegedly planted and recovered the bomb to gain sympathy anticipating that an army officer would level charges of sexual harassment against him. These details he revealed during interrogation over the army officer’s rape complaint. He was booked under the Explosives Act.

After he was granted bail in the alleged rape case by a sessions court, Kureshi moved the high court seeking bail in the plantation of explosives case. Justice Dave asked the city crime branch to come up with a report on the specifications of the bomb Kureshi had allegedly planted, said his counsel Hardik Buch.

The court has sought these details by April 1, when further hearing on Kureshi’s bail plea has been kept.





HC notice to Centre over road construction in Mundra

Saeed Khan, TNN | Mar 21, 2013, 06.25 PM IST

AHMEDABAD: Gujarat high court on Thursday issued notice to the Centre over a PIL objecting to laying down of a road in the Adani Port Special Economic Zone (APSEZ) in Mundra block in southern part of Kutch district.

Petitioner Sulaiman Turk has questioned the construction of 9.6 kilometre long road from the Adani group owned Mundra Port to the National Highway No 8A. He has alleged that the road is being planned on fertile land of local farmers in order to save private land of industrialists and influential people. He has demanded that the authorities should make their plans clear about the direction and line on which demolition and green felling would take place.

The PIL contends that in the line of cutting, many date palm trees will have to be chopped off and local farmers would face heavy loss. He also raised the issue of local shrine belonging to Ashaba Pir, which might be demolished for construction of this 10 metre wide road.

The petitioner has claimed that the shrine has got many devotees in this part, and its demolition would cause a problem. Hence in order to avoid demolition of this shrine and other religious places as well as in order to mitigate the possible loss to farmers, the authorities should be directed to re-think their plans for this road.

The bench of Justice Bhaskar Bhattacharya and Justice J B Pardiwala has asked the union ministry of commerce and industry to come up with a reply in this regard within a week’s time.





Plea in HC to frame rules to rename Corporation roads

By Express News Service – KOCHI

22nd March 2013 10:29 AM

A petition has been filed before the Kerala High Court seeking a directive to the Kochi Corporation to frame guidelines and procedures for naming and renaming the streets and roads in the city.

The petition was filed by C D Thomas of Thopumpadi and another person.

The petitioners said that their houses were located on a road names Pallichal Road. On the night of March 2, the Corporation removed the board stating the road’s name and erected another board re-naming it as V S Krishnan Bhagavathar Road.

The petitioner submitted that there were other instances of abruptly renaming roads.

There  was a strong lobby engaged in the task, and huge sums of money changed hands in the course of the procedure, they alleged.

There were no set criteria or guidelines for naming roads or streets under the Corporation limits, the petitioners said.




Feed hospital names in GPS of PCR vans: HC to govt

Press Trust of India : New Delhi, Fri Mar 22 2013, 01:53 hrs

The Delhi High Court on Thursday directed the Delhi government to feed the names of hospitals in the GPS systems of PCR vans so that policemen on duty are able to shift victims of rape and people injured in road accidents to nearby hospitals immediately.

“For effective implementation of our earlier order, the Information Technology department of Delhi government is directed to expedite the process to plot names and details of hospitals in the GPS of all PCR vans,” said a bench headed by Chief Justice D Murugesan.

The court also directed the Delhi Police to ensure within 24 hours that all PCR vans were supplied with the list of hospitals (zone-wise).

The counsel for Delhi Police assured that the zone-wise list of hospitals would be given to the PCR vans in the next 24 hours and once the names are plotted in the tracking units of PCR vans victims will be taken to the closest healthcare centre without any delay.

“… Without any further delay, details of the hospitals to be furnished to the PCR vans in 24 hours,” the bench, also comprising Justice V K Jain, said.

Meanwhile, Additional Solicitor General Rajeeve Mehra sought four week’s time for the Central government to consider the recommendations of Justice Usha Mehra committee, set up after December 16 gangrape, to make Delhi and NCR safer for women.

The bench fixed April 25 as the next date for hearing.

Taking suo motu cognisance of the December 16 gangrape of a 23-year-old paramedic student, the court had earlier directed the Delhi government to issue directions to all hospitals not to deny treatment to victims.

The court had taken exception to the act of police and other authorities for alleged delay in rushing the gangrape victim to a hospital, which was far away from where she had been dumped by her assailants.




Odisha to miss HC deadline on mine lease renewal

The state steel & mines department is set to miss the deadline stipulated by the Odisha High Court (HC) for disposing off pending applications for mine lease renewal.

In an interim order delivered on December 21 last year, the HC had instructed the state government to dispose off all applications for renewal of mining leases within three months.

“There is a huge volume of cases of mining lease renewal pending for disposal. These being quasi judicial matters, it is not feasible to dispose them off within three months. Hence, we have decided to request the HC to offer us some more time,” said a senior steel & mines department official.

As many as 323 mining lease applications are pending for renewal. Three officers of the steel & mines department were deployed to decide on renewal cases.

The HC had asked the state government to expedite renewal applications while hearing a petition filed by social activist Biswajit Mohanty, who prayed  for repeal of the Rule 24-A (6) of the Mineral Concession Rules (MCR)-1960 which allowed operation of mines under “deemed extension” clause in the event of delay in lease renewal.

The HC, however, declined to pass a stay order on the operation of the mines under deemed extension provision, saying it has to examine the constitutional validity of such an action.

The Odisha HC while admitting the PIL seeking repeal of controversial deemed extension clause of MCR-1960, had issued notices to the state and Union government for responses.

Under Section 24 A clause 6 of MCR, if a miner has applied for lease renewal a year before the lease expiry and the state government fails to expedite renewal applications within due date, then the miner will be considered to be operating the mine under extension of lease validity.

The petitioner said that many miners are operating under this provision with the connivance of state government officials and in some cases, the deemed extension period goes beyond 20 years after lease expiry.

Fifty miners were operating their leases under ‘deemed extension’. They include Tata Steel, Jindal Steel & Power Ltd (JSPL), Odisha Mining Corporation (OMC), Essel Mining & Industries Ltd (EMIL), Mid East Integrated Steel Ltd, Ferro Alloys Corporation (FACOR), Rungta Sons and KJS Ahluwalia to name a few.




Raj HC pulls up govt on pending cases, anomalies in medical recruitments

DNA | Mar 22, 2013, 04:29AM IST

Jaipur: There are 18 cases pending with the government on which decision is yet to be made if prosecution sanction will be given. This was informed to the court by government on Thursday while division bench of justice NK Jain (I) and Meena V Gomber was hearing a PIL filed by Poonam Chand Bhandari. Government also informed the court that from February 1 , 2013 till now five such cases have been disposed off and out of them prosecution sanction in three have been given while in two it has been denied.


Court ordered the government to update it with the status of all other cases and deferred the hearing in this matter for four weeks.


Moreover, the Rajasthan High Court has ordered the state government not to appoint ineligible candidates in the medical officer recruitment 2012. The Court has also issued notice to the medical director and recruitment coordinator of Rajasthan University of Health Sciences (RUHS) and sought their replies. Single bench of justice Manish Bhandari gave this order while hearing the petition of one Dr Chandan Singh and others. The petition has informed the Court that advertisement for the recruitment of medical officers on 1,000 posts was advertised last year. As per the rules till the final stage it is an essential eligibility to get registered with Rajasthan Medical Council. The candidates who did not complete internship till written examination on February 17, 2013 are ineligible. Still such candidates were being chosen which resulted in eligible candidates being denied selection.


Again, in the matter relating to film actor Irrfan Khan allegedly smoking in public place, the complainant has been ordered by the city’s chief judicial to appear in the court and get his statements recorded on April 9. The court gave this order while hearing the complaint of one Anand Singh.




Phone call interception: Delhi HC issues notice to Central government

The Delhi High Court on Wednesday issued notice to the Central government on a plea seeking to declare a legal provision on interception of telephone calls as violative of citzens’ fundamental rights.

The plea contended that the action of the government authorities in tapping the telephones of various law-abiding citizens disregarded fundamental rights including right to privacy and were unconstitutional and illegal.

A division bench of Chief Justice D. Murugesan and Justice V.K. Jain issued notices, returnable by May 22, to the department of telecommunications, the director general of ministry of communications and information and technology, and the home secretary.

The court’s direction came on a PIL alleging that the government machineries don’t comply with the existing guidelines, laid down by the Supreme Court, while issuing orders to intercept the telephones of individuals.

The plea filed through senior advocate S.K. Rungta said: “The orders for interception of telephones passed by the home ministry are always mechanical and stereotyped wherein one and all allegations in one bunch without applying the procedures laid by law are issued.”

The PIL sought an “order or direction declaring that Section 5 (2) of the Indian Telegraph Act is violative of the fundamental and statutory rights of the citizens, including their right of privacy…”

“And that the administrative action of governmental authorities in tapping the telephones of citizens, without adhering to the guidelines laid down by the apex court is also unconstitutional and invalid,” the PIL added..

Rungta said that under the act, the government can order for interception of phones after following two essential preconditions – occurrence of public emergency or in the interests of public safety.

“The action of telephone tapping affects citizens from all walks of life and it is neither convenient nor feasible nor possible for hundreds of affected persons, to individually approach this court for relief,” the plea said.

The petition citing the Supreme Court ruling on the issue said: “The apex court has laid down that right to privacy is an integral part of fundamental right to Life, and therefore it is imperative upon the legislature to suitably legislate to provide for constitutional safeguards against the arbitrary and indiscriminate exercise of power under Section 5(2) of the Indian Telegraph Act, so as not to infringe upon the Fundamental Right to Life.”

After the Supreme Court ruling, Parliament ought to have amended the statutory provisions Section 5 (2) of the Act itself, it added.

HC notice to Collector, others on Sharmila plea

THURSDAY, 21 MARCH 2013 21:19


Madhya Pradesh High Court has issued notices to the authorities concerned on a petition filed by actress Sharmila Tagore and her family members demanding access to their 96-acre land in Bhopal which has been blocked by a footpath and its railings.

The notices were issued by a division bench of Chief Justice SA Bobade and Justice Rajendra Menon on Tuesday to Bhopal Collector, Lake Conservation Authority and Housing and Environment department on a petition filed by Sharmila Tagore, her son Saif Ali Khan and daughter Soha Ali Khan.

In the petition, it was alleged that following the construction of a VIP road and the footpath with railings by the authorities, access to their ancestral land situated along the road and facing Bhopal’s picturesque Upper Lake, had been blocked.

The land was registered in the name of Begum Sajida Sultan, mother of late Mansoor Ali Khan, also known as Nawab Pataudi, in the revenue records. After the death of Pataudi, his wife Sharmila and other family members were contesting the case.

Sharmila’s advocate Rajesh Pancholi said the bench had ordered the authorities concerned to reply to the notice within two weeks.

Earlier too, the family had filed a petition in the High Court demanding compensation for laying of VIP road on their land without legally acquiring it, following which the court directed the Collector to file a report in the matter. However, the Collector has not yet submitted his report, Pancholi claimed.





HC orders release of 73 prisoners

The Madras High Court today ordered release of 73 prisoners languishing in various prisons across Tamil Nadu even after having obtained bail, but unable to furnish surety.

Disposing off a petition, a Division Bench, comprising Justices Elipe Dharma Rao and M Venugopal directed their release on bail after a self executed bond before the court concerned.

The prisoners to be released are from Puzhal (26), Vellore (six), Tiruchirapalli (17), Tiruchirapalli (Women-three), Salem (seven), Coimbatore (one), Palayamkottai (six) and Madurai (seven).

P Senthil Kumar, in his petition prayed for a direction to the authorities concerned to take necessary action to release on bail the prisoners languishing in prisons in Tamil Nadu for a long time, without insisting on any surety.

A Bench on Dec 23, 2011, had directed DGP (Prisons) to get details of the accused, who despite being granted bail, were still languishing in prisons due to non-furnishing of sureties to the satisfaction of the court concerned.

Accordingly, a statement was filed stating that most bail orders granted by lower courts were not followed by prisons concerned and details of such prisoners was also filed.

Following another order passed by the court on Jan 8, 2013, Tamil Nadu State Legal Services Authority and SPs of all prisons submitted that there are about 163 prisoners languishing in jail, even after grant of bail.

The bench cited many Supreme Court judgements and said that considering the gravity of offences, it is ordering the release of 73 prisoners on bail after a self executed bond before the court concerned.




HC orders issue of notice to Govt on appeal by IPS officer

: Karnataka High Court today ordered issue of notice to the government on an appeal filed by former Additional Commissioner of Police (Law & Order) T Suneel Kumar challenging the order passed by the Central Administrative Tribunal vacating the stay on his transfer as IGP and Commandant of Anti-Naxal Force, Udupi.

Suneel Kumar in his appeal had sought a stay of the CAT order.

When the appeal came up before a division bench headed by Justice N Kumar, the court ordered issue of notice to the government.

The CAT yesterday disposed of the Original Application filed by Suneel Kumar challenging his transfer, vacating the stay granted earlier this month and directed the government to follow the procedure (pertaining to transfer of IPS officers) as per the Karnataka Police Amendment Act in “letter and spirit”.




Supply subsidised diesel: Kerala HC to oil companies

Express news service : Thiruvananthapuram, Fri Mar 22 2013, 01:58 hrs

In an interim order, the Kerala High Court on Thursday directed oil companies to supply diesel at subsidised price to Kerala State Transport Corporation, which has been buying fuel at higher prices since January.

The corporation had petitioned the High Court, taking a cue from Tamil Nadu, which had last week obtained a court directive to get diesel at market price.

Advocate-General K P Dandapani told the court that the government would meet the loss that the oil firms would incur from subsidised sale of diesel, subject to the court’s final decision. Subsequently, the HC asked the oil firms to supply diesel at subsidised rate.




HC rejects plea to quash FIR against Mohanty

21st March 2013 12:01 PM

In a major blow to former minister Raghunath Mohanty, the Orissa High Court on Wednesday rejected his plea for quashing the FIR lodged against him and his family members including son Rajashree by his daughter-in-law Barsa Swony Choudhury.

The single judge bench of Justice Raghubir Das observed that since prima facie ingredients of the offences alleged were available in the FIR, it was not inclined to entertain the petition. The court had concluded hearing on the petition on Tuesday.

Raghunath, his wife Pritilata, daughter Rupashree and son-in-law Subhendu Kumar Madhuala had filed the petition seeking quashing of the FIR lodged against them and son Rajashree by Barsa alleging dowry torture. Rajashree has been arrested by the Human Rights Protection Cell (HRPC) of State police and kept in judicial custody.

While moving the petition, the counsel appearing for Mohanty had submitted that the former minister and his wife used to reside at Bhubaneswar away from the daughter-in-law. His daughter and son-in-law also resided in another place. Therefore, the allegations made in the FIR were false and baseless.

Indicating other circumstances and the law on the issue, they had appealed to the court to quash the FIR. They had also appealed to the court to pass interim order directing the police not to take any coercive action against them, which was also rejected along with the main plea.

The Government advocate had argued that as the petitioners had also filed an application seeking anticipatory bail in the Court, there was no need to pass any interim order in this case.




Lawyer moves HC for sacking Mayor

By Express News Service – HYDERABAD

21st March 2013 11:07 AM

The High Court, on Wednesday, admitted a petition seeking to set aside the appointment of Majid Hussain as city mayor.

Petitioner Nisaruddin Ahmed Jeddy, an advocate sought a direction in the nature of “writ of quo warranto” against Majid Hussain. The matter would be heard by Justice Noushad Ali next week.

The petitioner submitted that he had recently approached the mayor’s office to make a representation on the deteriorating condition of the poor and those who have taken to begging at every nook and corner of the city to seek immediate action for their rehabilitation.

He submitted that mayor Majid Hussain had promised to eradicate begging in the city and rehabilitate the beggers. The mayor behaved in a high-handed manner and summoned ‘goondas’ to physically assault, the petitioner said.




No one can deny treatment to swine flu patients: HC

TNN | Mar 22, 2013, 03.05 AM IST

AHMEDABAD: Gujarat high court on Thursday asked the state government to find out which private hospitals deny treatment to swine flupatients. Justice Anant Dave even inquired what action can be taken against such hospitals for such gestures.

Earlier this week, TOI had reported that various private hospitals refuse to admit patients down with H1N1 virus. The high court did not seem content with the measures taken to contain spread of H1N1 virus and the treatment provided to the affected. The state government and the corporations like AMC have been asked to come up with further details on what “concrete actions” they are planning to take to contain the situation.

Justice Dave has initiated proceedings in this regard after the high court received half a dozen applications from prisons, by which prisoners sought temporary bail so that they could manage treatment for their family members suffering from dangerous diseases like swine flu and dengue. The court sought a report on what action the civic bodies and the government have taken to contain the diseases.

The report was submitted before the court on Thursday, in which the government stated that 63% of swine flu cases have been registered in urban areas governed by corporations. The government submitted that a committee has been formed to take measures to contain the spread of the disease, and preventive measures are being undertaken by the state machineries on war footings.

The state government also claimed that only 6.3% of total swine flu cases registered in India have been reported in Gujarat. This shows that the situation is quite under control in comparison with states like Tamil Nadu, where 42% swine flu cases of the country have been reported this year.

However, Justice Dave expressed dissatisfaction over the report and made oral observation that the government should take concrete steps to check the death toll that is increasing by day. The HC has asked the government to come up with action taken reports on each district. Further hearing is kept on March 26.




One Response

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