Legal News India 30.08.2013

Murder case: NHRC raps BSF for shielding staff

http://articles.timesofindia.indiatimes.com/2013-08-26/india/41454196_1_the-nhrc-nhrc-spokesperson-bsf

Rakhi Chakrabarty, TNN Aug 26, 2013, 02.01AM IST

NEW DELHI: The National Human Rights Commission rapped the BSF in a case of attempted rape of a woman and murder of her father saying the prime concern of the court of inquiry of the border guarding force was to protect colleagues rather than upholding the law. Following NHRC’s recommendation, the home ministry paid Rs eight lakh monetary relief to four members of the victims’ family.

The NHRC’s observation was in the context of a November 2010 case where three BSF constables attempted to rape a girl near Amjadnagar border outpost in south Tripura, killed her father and wounded her brothers when they tried to save her. The victim and her family live in Tripura.

The NHRC found that the BSF’s staff court of inquiry (CoI) absolved the three constables accused in the case. On a stern note, the NHRC said, “This was almost invariably the case with the BSF’s court of inquiry, staffed by junior officers, whose primary concern seemed to be to protect their colleagues rather than to uphold the law.

When contacted, senior home ministry and BSF officers said they could not recall the case.

In December 2010, the Asian Centre for Human Rights (ACHR) filed a complaint with the NHRC against the BSF’s atrocities and human rights violations.

The NHRC had sent showcause notice to the Centre. However, the government of India did not respond to the NHRC’s showcause notice nor forwarded the report of the BSF’s CoI. “Therefore, the Commission presumed the Government of India had nothing to say in the matter and recommended payment of monetary relief to the victims,” said the NHRC spokesperson.

ACHR director Suhas Chakma said, “This is a classic case of how Indian security forces treat cases of violence against women, where all attempts are made to protect the culprits.”

He urged the NHRC to not close the case till the MHA informed about steps taken to ensure that the three BSF personnel are tried for the crimes they are accused of.

Earlier, the MHA paid Rs five lakh each to the kin of two men killed by the BSF in 2010 on the India-Bangladesh border in West Bengal’s Murshidabad following an NHRC recommendation.

 

 

 

 

NCW member wants age of juveniles lowered to 16

http://articles.timesofindia.indiatimes.com/2013-08-26/india/41453896_1_ncw-member-juveniles-18-years

Himanshi Dhawan, TNN Aug 26, 2013, 12.40AM IST

NEW DELHI: The alleged involvement of a 16-year-old in the brutal Mumbai gang-rape has restarted the debate on the severity of punishment for juveniles who commit heinous crimes. A National Commission for Women (NCW) member told TOI on Sunday that she was in favour of reducing the age of juveniles from 18 years to 16 years.

NCW member Nirmala Sawant Prabhawalkar, who met the Mumbai rape victim and has been tasked to prepare a report on the incident, said, “The age of a juvenile should be brought down from 18 years to 16 years so if a person between 16-18 years is involved in a heinous crime like rape or murder, he or she should be treated as an adult.” Prabhawalkar said her views were personal.

 

The issue was part of a raging debate after it was found that one of the accused in the December 16 gang-rape in Delhi was a 17-year-old, just a few months shy of maturity. According to the Juvenile Justice Act, a person below 18 years can only be given a maximum of three years of punishment.

“With changing times, even a 14-year-old has a high level of awareness. It has now become a trend to use juveniles for crimes as they get away with lighter punishment,” Prabhawalkar said.

The NCW member said if juveniles were involved in petty crimes, they should be dealt with leniently as the crime was done because of poor socio-economic conditions. She said the same could not apply to involvement in serious crimes like rape and murder.

The JJ Act treats people below the age of 18 as children and provides for a chance at reformation.

Prabhawalkar will submit her report to the commission on Tuesday in which she is likely to recommend fast-track courts and quick investigation for the five accused. “We hope that the accused will be given life imprisonment,” she added.

 

                                                                                                                          

 

 

 

HC denies Maudany bail for the third time

http://www.thehindu.com/news/national/karnataka/hc-denies-maudany-bail-for-the-third-time/article5065532.ece?homepage=true

The Karnataka High Court on Tuesday denied bail for the third time to Abdul Nasir Maudany, leader of the People’s Democratic Party and an accused in the 2008 Bangalore serial blasts case.

Justice N. Ananda refused to accept the medical reasons put forward by Mr. Maudany seeking enlargement on bail for the purpose of securing better treatment for his ailments.

Mr. Maudany had claimed that his ailments had worsened as the prison authorities were not providing him proper treatment despite the directions of the High Court and the Supreme Court.

However, the prosecution alleged that Mr. Maudany was “deliberately magnifying and exaggerating” all his ailments to gain the sympathy of the court to get bail. Pointing out Mr. Maudany was refusing to take treatment, the prosecution presented a list before the court indicating that on 11 occasions between May and August 2013, Mr. Maudany had refused to get treatment at private hospitals.

After going through the medical records, the High Court refused to accept Mr. Maudany’s contentions.

 

 

 

 

 

 

 

 

HC rejects Abu Jundal’s plea against solitary confinement

http://www.business-standard.com/article/current-affairs/hc-rejects-abu-jundal-s-plea-against-solitary-confinement-113082800866_1.html

Jundal petitioned the HC seeking to be transferred out of the cell and not be kept in solitary confinement

Observing that prison management and security as well as safety of inmates is a policy matter,the Bombay High Court today dismissed a petition filed by alleged LeT operative Abu Jundal, seeking a direction to jail authorities to not keep him in solitary confinement.

Jundal, who was arrested in June last year for his alleged involvement in the 26/11 terror attack and the 2006 Aurangabad arms haul case, is presently lodged in the same cell where Pakistani terrorist Ajmal Kasab was lodged in the Arthur Road prison in central Mumbai.

Jundal petitioned the HC seeking to be transferred out of the cell and not be kept in solitary confinement.

“The applicant (Jundal) has been kept in solitary confinement since six months. Due to this, he is depressed and thus not able to think clearly. Like all undertrials, Jundal should also be kept in common barracks and allowed certain privileges,” the petition states.

The Maharashtra government opposed the petition saying he was kept in solitary confinement due to security reasons.

A division bench of Justices S C Dharmadhikari and G S Patel accepted the government’s contention and dismissed the petition.

“Is it the right of the accused to say where he should be lodged ? These are all policy matters. Some anxiety has been expressed and hence this decision has been taken to keep him in solitary confinement,” the bench said.

It added that the security of prison and its inmates and its management are all policy matters and the jail authority is solely responsible for it. “Any measure taken by them (authorities) cannot be interfered with by this court,” the court added.

Before the lower court, Jundal in his application had claimed that he was hallucinating about Kasab who was hanged to death.

The lower court had directed for a psychiatrist to check up Jundal. The jail authorities, however, said that Jundal was mentally sound following which the court rejected his application.Jundal then moved the High Court.

 

 

 

HC questions Chandigarh, Haryana over appointments to VAT tribunal

http://www.indianexpress.com/news/hc-questions-chandigarh-haryana-over-appointments-to-vat-tribunal/1161043/

: Wed Aug 28 2013, 02:12 hrs

The Punjab and Haryana High Court on Tuesday questioned Chandigarh and Haryana as to how they can make appointments to the VAT Tribunal without consulting the high court.

The query was raised during the resumed hearing of two public interest litigations, challenging appointments of chairman and members of the tribunal, filed by Advocate H C Arora. The petitioner sought directions to Chandigarh Administration to appoint the chairman and members of UT Chandigarh Vat Tribunal only after consultation with the high court.

The Additional Advocate General, Haryana and senior standing counsel for Chandigarh Administration were questioned as to how the chairman and members to the said tribunal can be appointed without consulting the high court.

Law officers of Haryana and Chandigarh Administration sought a short adjournment to explain their stand. The PIL will now come up for hearing on September 20. It is pertinent to note that the Chief Minister of Haryana had made the aforesaid three appointments to Haryana Vat Tribunal without consulting the High Court.

Likewise, the Chandigarh Administration had appointed its Advisor to Administrator as chairman of the UT Chandigarh Vats Tribunal, while the three posts of members are lying vacant.

 

 

 

 

HC questions Maha govt on safeguards against data theft

http://www.business-standard.com/article/pti-stories/hc-questions-maha-govt-on-safeguards-against-data-theft-113082800792_1.html

Emphasising the importance of issues covered under the Information Technology (IT) Act, the Bombay High Court today said the Maharashtra government should come up with a system to protect and detect data theft. 

A division bench of Justices S C Dharmadhikari and G S Patel was hearing a petition filed by a private software company seeking direction to the cyber crime cell of the city police to investigate into its complaint against an employee for alleged data theft. 

“Is there a single system in Maharashtra designated as a protective system? Mumbai is supposed to be the financial capital with two stock exchanges. You (government) are sitting on a time bomb which may explode anytime,” the bench said. 

“What do you do when a bank or some other financial institution loses its data? These days almost everyone uses online banking where several personal details have to be provided. What steps has the government taken regarding protection and detection of data theft,” Justice Patel questioned. 

Justice Dharmadhikari suggested the police not to brush aside such complaints all the time. “Whenever a complaint is filed police looks at it with a narrow perspective. Instead the police should look at the whole Act,” the court said. 

“The IT Act is not about just Facebook and Twitter and other social networking accounts but also about misuse of financial information,” the bench said. 

The court has directed senior officials of the cyber crime cell to look into the issue and apprise the court on the next date of hearing on September 19. 

According to the petition filed by H R Mantra company, which provides software solutions to other companies, one of their employee Sneha Sahu had allegedly misused data regarding quotations and clients list and provided it to a rival company Synergy Software. 

“A complaint was lodged with the Charkop police on September 17 last year. A month later they asked us to approach the cyber crime cell in Bandra. In November, we forwarded the complaint to Bandra but after three months the matter was reverted to Charkop police. Following this we filed this petition,” advocate Ramprakash Pandey said.

 

 

 

 

HC dismisses appeal of retd forest ranger

http://www.business-standard.com/article/pti-stories/hc-dismisses-appeal-of-retd-forest-ranger-113082800987_1.html

: Madras High Court today dismissed an appeal filed by a retired forest ranger, challenging a single judge’s order, dismissing his plea for reinstatement on the ground that his date of birth had been wrongly entered. 

While upholding the single judge’s order, the First Bench, comprising Acting Chief Justice Rajesh Kumar Agrawal and Justice T Raja, observed that the documents and register were tampered with and the petitioner’s claim for correction in date of birth was rejected. 

R Mohanasundaram, who joined service in August 1981, submitted an application to authorities in April 1993, claiming his date of birth was wrongly entered as May 1952 instead of May 1956. 

Mohanasundaram, who retired from service in May 2010, contended that if the year of birth had been taken as 1952, he would have served four more years and retired before 2014. 

Prior to his retirement in January 2010, the Forest Department Secretary took up this case with Principal Chief Conservator of Forests, who ordered it to be investigated by an officer not below the rank of Deputy Collector. 

Meanwhile, Mohanasundaram was fighting for his promotion in court, which recommended an investigation into the matter. 

When the authorities perused relevant documents, it came to light that the documents pertaining to Mohanasundaram’s date of birth were tampered and his name conspicuously inserted in the register. 

A single judge before whom the matter was heard had concluded that the records were tampered and dismissed the petition against which Mohanasundram preferred an appeal.

 

 

 

 

Radia tapes: SC conducts two-hour-long in-camera proceedings

http://economictimes.indiatimes.com/news/politics-and-nation/radia-tapes-sc-conducts-two-hour-long-in-camera-proceedings/articleshow/22135486.cms

By PTI | 29 Aug, 2013, 12.14PM IST

NEW DELHI: In a rare case, the Supreme Court today conducted two-hour-long in-camera proceedings in the former corporate lobbyist Niira Radia phone tapping case for knowing the Centre’s stand and perusing “top secret” documents which formed the basis for interception of her calls. 

The proceedings before a bench of justices G S Singhvi and V Gopala Gowda, began from 10.30 AM and went on till 12.30 PM during which two additional solicitor generals, CBI, Income Tax Department and Home Ministry officers were allowed into the court room but all advocates appearing for different parties, journalists and others were barred. 

The bench concluded the in-camera proceedings and posted the matter for an open court hearing on October 1. 

The bench had on August 27 decided to hold in-camera proceedings in the case. 

Although in-camera proceedings are normal in trial courts in sensitive cases, in the Supreme Court this is the second time that such hearing is being conducted in recent years. The last time such a proceeding took place in the apex court was in the hawala case in 1996. 

The apex court had decided on in-camera hearing after it found that many controversial and sensitive information and names of people figure in the various reports disclosure of which in public domain could harm national interest and could tarnish the image of people till they were established. 

Today’s in-camera proceedings were confined to the bench perusing the government’s confidential report and the Centre’s submission on the issue. 

The conversations were recorded as part of surveillance of Radia’s phone on a complaint to the Finance Minister on November 16, 2007 alleging that within a span of nine years she had built up a business empire worth Rs 300 crore. 

The government had recorded 180 days of Radia’s conversations–first from August 20, 2008 onwards for 60 days and then from October 19 for another 60 days. Later, on May 11, 2009, her phone was again put on surveillance for another 60 days following a fresh order given on May 8. 

The apex court had ordered setting up of a team of investigators to examine the contents of the conversations. 

The court had perused the report and transcripts prepared by the special team of investigators and said that “some of the items highlighted will become the subject matter of investigation”.

 

 

 

 

HC stay result of NRHM exam for post of district programme manager

http://timesofindia.indiatimes.com/city/indore/HC-stay-result-of-NRHM-exam-for-post-of-district-programme-manager/articleshow/22137385.cms

Bagish K Jha, TNN | Aug 29, 2013, 02.11 PM IST

INDORE: The result of exam for the post of district programme manager by National Rural Health Mission (NRHM), which was expected to be declared on Friday, will not be declared now. Indore bench of Madhya Pradesh High Court has stays publication of result.

Around 10 students has field a writ petition in the court of Justice N K Modi on the ground that they were not allowed to sit in the examination held on August 25 for the above mention post. On this HC granted stay on the result which was supposed to be declared on August 29 and instructed state government to file their reply within seven days. Over 600 students from across the state has appeared for 29 posts.

Adv Upendra Singh, counsel of petitioner told TOI when some of the students reached at Medicab Institute of Technology and Management, one of the centre for examination, they were not allowed to enter inside.

He added that examination timing were from 10am to 11.30 am, petitioners were in queue at entrance gate along with their admit cards and I.D proof suddenly the gate of entrance were closed at 9.30am by security guard and due to lots of crowd there are few candidates (more then 60 out of which few of them are Petitioners) were not allowed to seat in examination. All those candidates try their best for entering in examination but nothing happen even the examination in-charge didn’t supported the students.

After this some of the candidates give a call at Bhopal NRHM head office and they assured them that a re-examination will be conduct for all of them at 12.30 pm. But no re-examinations were taken by NRHM at the said time. Later candidates went to Kishan Ganj Police station, Indore and an application were given by them regarding all this incidence but no action were initiated by the concerned police station.

Singh on this ground writ petition were filed and HC heard it on priority basis and stay were granted on result publication.

 

 

 

 

HC upholds infrastructure levy on builders

http://timesofindia.indiatimes.com/city/chennai/HC-upholds-infrastructure-levy-on-builders/articleshow/22149904.cms

TNN | Aug 30, 2013, 12.55 AM IST

CHENNAI: The Tamil Nadu government’s user-pay policy of imposing infrastructure and amenities (I&A) charges on builders and developers who construct residential and commercial structures received Madras high court’s nod on Thursday. 

The levy, which initially amounted to about 100 per sqft of built up area for new multi-storeyed buildings in the city, came into force in 2008 as the government thought private developers derived “appreciable gains” in development and hence they should share the cost involved in creating infrastructure of international standards in the state. The government reduced the rates a year later. However, some builders had challenged it in the court. 

Additional advocate-general P H Arvindh Pandian argued that massive developments were taking place all around the state and developers were not providing necessary infrastructure to residents of townships being developed by them. The government, instead, is forced to provide all necessary infrastructure for ensuring sustainable development and the financial commitment in this regard is substantial, he said. 

Agreeing with him and upholding the legality of the newly inserted provisions in Section 63 of the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenity Charges) Rules 2008, a division bench comprising Justice R Banumathi and Justice T S Sivagnanam said: “Promoters develop properties without providing basic infrastructure. Under such circumstances, the user-pay concept is a solution for sustainable development. 

“Advantages enjoyed by builders are a special advantage and simultaneously there is additional burden on the municipal services. The state would be justified in levying infrastructure and amenities charges.” 

Noting that the right to develop a property is not unfettered but subject to restrictions, the judges said: “Merely because builders have acquired interest in vast extent of land, as a matter of right they cannot claim that they would be entitled to construct buildings consisting of any number of floors and compel the authorities to grant permission for such development. When such large-scale development of properties is done with several floors, the government thought it fit to consider those as special cases, and by taking note of the impact that would be caused to other parameters, decided to levy and collect I&A charges.” 

The levy was to meet the impact of development and for ensuring sustainable development, they added. 

The judges rejected developers’ submission that providing water and sewerage facilities to land owners and developers was a public duty, statutorily imposed on state agencies and hence no additional charges should be levied. They also rejected the argument that I&A charges would amount to multiple levy, as promoters already were paying water and sewerage charges under Section 59 of the Rules. “I&A is a levy with a distinct purpose, object and intent,” the bench held.

 

 

 

 

HC wants panel to ensure repayment to duped investors

http://timesofindia.indiatimes.com/city/guwahati/HC-wants-panel-to-ensure-repayment-to-duped-investors/articleshow/22149599.cms

TNN | Aug 30, 2013, 12.42 AM IST

GUWAHATI: The Gauhati high court on Thursday asked the state government to form a committee within a month to take necessary steps to ensure that investors who have been duped by 23 non-banking financial companies (NBFCs) get their money back.

The court’s directive has come at a time when the hearings of five PILs and two writ petitions filed by investors are going on in the HC. The government earlier stopped the operations of these NBFCs and seized their assets. In the previous hearing, the state government had informed the HC that a proposal is being prepared for facilitating return of the amount seized from the NBFCs to the rightful claimant.

Sources said that the state government will auction the seized assets of these companies and their officials to mop up the money to repay the rightful claimants.

“The state government has agreed to form the committee. This committee will monitor the various ways to return the money to the rightful claimants,” said M K Sarma, counsel of Uttam Chetia, one of the petitioners. The committee is likely to have retired judges in its panel. The panel members will verify the claims of the duped investors before they are returned their money.

Assam Police in an affidavit filed to the HC stated that 192 cases have been registered against 117 such illegal companies. The present set of petitions is against 23 of these companies.

The special investigative team (SIT) of police, which is monitoring and supervising investigation of the 192 cases, has arrested 273 persons and filed chargesheets in 12 cases. It has also submitted final reports in three other cases.

“A sum of approximately Rs 93 lakhs has been seized and bank accounts containing about Rs 24 crores has been frozen. Some immovable properly has also been seized and the court has been moved for attachment of some other property,” said the affidavit of Assam Police.

 

 

 

 

HC seeks Centre’s detailed report on rural health care course

http://www.business-standard.com/article/pti-stories/hc-seeks-centre-s-detailed-report-on-rural-health-care-course-113082900901_1.html

The Centre was today directed by the Delhi High Court to file a detailed affidavit on the contempt plea filed against it to start a three-year “Bachelor of Rural Health Care (BRHC)” course for those practicing medicine in primary health centres in rural areas. 

Justice S K Mishra granted eight weeks to the Health Ministry to reply and sought a detailed affidavit indicating if steps have been taken in this regard. 

“Let a detailed affidavit be filed by the Centre. Further, steps, if any, have been taken by the government so far,” the court said and fixed December 5 for further hearing of the case. 

The bench was hearing a contempt plea, filed through advocate Prashant Bhushan, by petitioner Meenakshi Gautam who said rural people have no worthwhile access to medical help and face great risk to their lives due to lack of qualified medical practitioners in rural areas. 

Seeking an order to initiate contempt proceedings, she said a division bench of this high court had on November 10, 2010 ordered Medical Council of India to begin BRHC course, approved by the Health Ministry, by March 2011 but nothing has been done so far. 

The court had given MCI two months time to finalise the curriculum and syllabus of the three-and-half-year Primary Healthcare Practitioner Course, approved by the Union government, she added. 

The course was named BRHC, she said adding the court had given another two months to the Ministry of Health and Family Welfare for the endorsement of the course syllabus. 

“The course should have been introduced by March 2011 as per the time-line stipulated by the court in its order. No such course has been introduced by the Ministry as of February 2012. MCI had apparently opposed the course in 2011 and is not willing to notify, the petitioner said, seeking the court’s direction to begin the course.

 

 

 

 

HC upholds creation of new transport corporations in Karnataka

http://www.thehindu.com/news/cities/bangalore/hc-upholds-creation-of-new-transport-corporations-in-karnataka/article5071109.ece

SPECIAL CORRESPONDENT

The Karnataka High Court on Wednesday upheld the State government’s 1997 decision dividing the Karnataka Road Transport Corporation and establishing transport corporations for Bangalore city, the North East, the North West and for other regions.

A Division Bench comprising Justice N. Kumar and Justice V. Suri Appa Rao passed the order while setting aside the July 2, 2007 order of a single judge, who had declared that setting up of new corporations for different parts of the State was not permissible in law while permitting the government to establish subsidiaries of the KSRTC as per Section 17A of the Road Transport Act.

The single judge set aside the government notification creating North West Road Transport Corporation to cover Dharwad, Uttara Kannada, and Bijapur districts; North East Karnataka Road Transport Corporation to cover Bidar, Gulbarga, Raichur and Belllary districts; Bangalore Metropolitan Transport Corporation for Bangalore city; and KSRTC for old Mysore and other nationalised areas.

POWER

However, the Division Bench ruled that the government had the power under Section 3 of the RTC Act to set up transport corporations either for the whole of the State or for any part of the State and creation of these new corporations come under Section 3.

 

 

 

HC summons corporation chief in missing emerald lingam case

http://timesofindia.indiatimes.com/city/madurai/HC-summons-corporation-chief-in-missing-emerald-lingam-case/articleshow/22150910.cms

TNN | Aug 30, 2013, 01.48 AM IST

MADURAI: The commissioner of Madurai corporation has been summoned by the Madras high court bench here in connection with the case related to the emerald (maragatha) lingam that went missing from the Kunnathur Chatram, a century-old guest house for devotees of Meenakshi Sundareswarar temple. It was also alleged that the lingam worth several crores of rupees has been looted and smuggled to Singapore by the government officials and politicians through hawala agents.

On Thursday, justice N Kirubakaran passed an interim direction regarding the appearance of commissioner after hearing a writ petition filed by a Madurai-based advocate, who is also the president of inter-religious advocates association. The petitioner had said that the lingam kept under the custody of the corporation had gone missing.

He further said that no FIR was registered on his complaint filed at the Thallkulam police on August 27 in that regard.

Seeking various directions, including locating and recovering of the lingam that was donated by the Kunnathur zamin, a petition has been filed dragging the chief secretary and home secretary of state, Madurai’s collector and corporation commissioner, Indian ambassador to Singapore, as parties to the case.

Seeking direction to directorate of revenue intelligence, intelligence bureau and CBI to conduct investigation, the petitioner’s advocate told the court that the corporation removed the lingam from the Kunnathur Chatram during the demolition and reconstruction of the building in 2009.

When there was public outcry in 2010 that due to the politicians’ pressure the government officials had duplicated the lingam, the corporation confirmed that the lingam is very safe and it is in the corporation treasury, which also stated that the same is original and can be tested and proved at any point of time, the court was told.

The court was also pointed out that the priest who performed poojas to the lingam at that time had applied to the corporation under the Right to Information Act in 2010 about its whereabouts, but he went missing since the date of his petition.

Following it, justice Kirubakaran questioned the government about the whereabouts of the lingam. Is it (lingam) available?, asked the judge. To it, he was told that instruction has to be get from the corporation. Following it, the court gave interim direction seeking appearance of the commissioner on Friday and posted the matter.

 

 

 

 

Competition Commission okays Mahindra-CIE deal

http://zeenews.india.com/business/news/companies/competition-commission-okays-mahindra-cie-deal_82896.html

Last Updated: Thursday, August 29, 2013, 21:54  

New Delhi: Competition watchdog CCI has given its approval to conglomerate Mahindra & Mahindra Group’s (M&M) proposed multi-structured deal with Spain’s auto-component maker CIE Group, saying the deal will not have adverse effect on competition.

As per the deal, CIE would consolidate its European forgings businesses with Mahindra Systech firms that comprises of Mahindra Forgings, Mahindra Composites, Mahindra Castings, Mahindra Investments (India), Mahindra Gears International and MUSCO, into one entity — Mahindra CIE Automotive.

In its order dated August 21, but made public Thursday, the Competition Commission of India (CCI) said that “the proposed combination is not likely to have appreciable adverse effect on competition in India and therefore, the Commission hereby approves the proposed combination under…(Competition) Act”.

The Competition watchdog observed that the deal did not “contemplate combination of two existing players in the Indian auto-component manufacturing business”.

Further, after the implementation of the deal, M&M would continue to be present as a shareholder of Mahindra CIE with a holding of 20.04 percent, it said.

CCI also noted that CIE Group had no presence in the auto-component business in India as well as no investments in Indian firms invlved in auto-component businesses.

The regulator also noted that the technologies currently being used by the Mahindra Systech firms would continue to be utilised after deal comes into effect.

M&M and CIE Group had entered into various agreements on June 15, 2013 following which they had approached CCI for its approval.

The deal comprises a series of steps such as acquisition of stake in Mahindra Forgings, Mahindra Composites and Mahindra Castings by a CIE group company, Participaciones Internacionales Autometal.

Besides, Mahindra Overseas Investment Company would acquire 13.5 percent stake in CIE Group.

Following these acquisitions, Mahindra Composites, Mahindra Castings, MUSCO, Mahindra Gears International and Mahindra Investments (India) and CIE’s Participaciones Internacionales Autometal Tres would be merged with Mahindra Forgings, which would be then renamed as Mahindra CIE Automotive. 

PTI

 

 

 

 

Cairn India moves PM-led cabinet committee on investment to expedite investment

http://articles.economictimes.indiatimes.com/2013-08-27/news/41499325_1_cairn-india-oil-and-gas-contracts-field-development-costs

Rajeev Jayaswal, ET Bureau Aug 27, 2013, 06.02AM IST

NEW DELHI: Cairn India, the operator of the country’s biggest onland oilfield, has approached the prime minister-led cabinet committee on investment (CCI) to resolve regulatory hurdles that have blocked investments of $2.4 billion and sought its help in reimbursing about $1 billion it spent to develop the block.

The government has recently set up a special cell in the cabinet secretariat to assist investors facing regulatory delays. The CCI is directly monitoring progress of more than two dozens oil and gas projects worth over Rs 103,700 crore. Most of these projects are implemented by state-run companies, government officials said.

 

 

 

 

Supreme Court can award fixed jail term while commuting death sentence

http://www.thehindu.com/news/national/supreme-court-can-award-fixed-jail-term-while-commuting-death-sentence/article5068906.ece?homepage=true

J. VENKATESAN

Plea against 30-year sentence without remission misconceived, says Bench

The Supreme Court is competent and has the jurisdiction to fix a particular number of years with or without remission when it commutes the death sentence to life term while upholding the conviction of the accused under Section 302 of the Indian Penal Code, a Bench has ruled.

It rejected a writ petition filed by Gurvail Singh alias Gala for converting his sentence from 30 years in jail without remission to life imprisonment. He also sought a declaration that this court was not competent to fix a particular number of years (with or without remission) when it commuted the death sentence. The petitioner, along with the co-accused, was charged with killing four persons on the intervening night of August 20-21, 2000 and the trial court in Punjab awarded the death penalty and this was confirmed by the Punjab and Haryana High Court.

However, the Supreme Court commuted it to life imprisonment with a direction that the petitioner serve 30 years in jail without remission.

Rejecting Gala’s argument, the Bench of Justices B.S. Chauhan and S.A. Bodbea said the issue raised in this petition was elaborately dealt with by a three-judge Bench in Swamy Shraddananda case, in which it was held that life imprisonment could not be equivalent to imprisonment for 14 or 20 years, rather it always meant the whole natural life.

“This court has always clarified that the punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President or the Governor, as the case may be. Pardon, reprieve and remissions are granted in exercise of prerogative power. The power to grant pardons and to commute sentences is coupled with a duty to exercise the same fairly and reasonably. Thus, such orders do not interfere with the sovereign power of the state.”

The Bench said: “This court issued orders to deprive a convict of the benefit of remissions only in cases where the death sentence has been commuted to life imprisonment and it does not apply in all cases wherein the person has been sentenced to life imprisonment.”

 

 

 

 

Court orders probe in cheating case involving Lokayukta’s son

http://www.business-standard.com/article/pti-stories/court-orders-probe-in-cheating-case-involving-lokayukta-s-son-113083000039_1.html

A local court has directed the police to register a case on the basis of a complaint of cheating against employees and representatives of a real estate firm, which include the son of Madhya PradeshLokayukta. 

Complainant Abhijeet Tripathi told reporters that Judicial Magistrate R K Rawatkar directed the Aerodrome Police Station to register a case against the firm Emmar MGF Land Ltd and its employees under sections 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code. 

The magistrate directed the police to finish the probe and file the final report by October 28. 

Tripathi said he had filed the complaint against the company and its representatives including Shrawan Gupta, Mehar Singh, Abhay Mishra, Ajay Nambiar and Siddharth Naolekar. Siddharth is the son of Madhya Pradesh state Lokayukta P P Naolekar. 

According to Tripathi, he purchased a plot at Indore Greens township and paid Rs 38,84,691 to the company. But, later he learnt through RTI that the firm had kept the plot as a collateral with the government, and could not have sold it off. 

Tripathi then sought his money back, but in vain. After the Aerodrome Police did not conduct any probe on his complaint, he approached the court. 

Meanwhile, when asked for a comment, the company spokesperson said “We have not received any such court order so far and we shall only be able to comment on the same once we get the order, if any”.

 

 

 

 

Malbari sent to five years in jail

http://www.deccanherald.com/content/354152/malbari-sent-five-years-jail.html

Mangalore, August 29, 2013, DHNS:

 

The Fourth Additional District and Sessions Court on Thursday sentenced underworld don Dawood Ibrahim’s hitman Rasheed Malbari and his aide Mohammad Hasim to five years’ rigorous imprisonment. It also imposed a fine of Rs 10,000 on the two terrorists.

In case they fail to pay the fine, they will serve an extra year in jail, the court ruled.

Judge B K Naik pronounced the judgement in the jam-packed court hall here. The court on Monday had convicted the two men for possessing illegal weapons, under Section 25 (1) (a) of the Arms Act. After hearing the final arguments and counter-arguments on Wednesday, the court reserved the pronouncement of the quantum of punishment for Thursday.

While prosecutor Manjunath Bhat Panne sought a maximum punishment of 10 years under the Arms Act, defence lawyer Purushotham Poojary prayed for lenience as possession of firearms had not been prohibited under the law.

 

Malbari, who has already spent 53 months in jail, will serve the remaining seven-month term in a central prison in Karnataka.

Malbari was arrested by the District Crime Branch Bureau and police officers of the Intelligence wing at a house in Chattanchal near Kasargod on March 30, 2009. His associate Hasim was apprehended in Talapady. The police had then seized a 9mm US-made pistol and five bullets from Malbari, and a 9mm pistol and five bullets from Hasim.

In the charge sheet, the police had accused the duo of conspiring to kill BJP leader Varun Gandhi and Pramod Muthalik of Sri Rama Sene. Though the accusations were not proved in the court, the accused were sent to jail for possessing illegal arms.

Speaking to reporters, Panne said he would decide his next move of filing a revision petition seeking further punishment after receiving the certified copy of the judgement. “There was provision for sentencing the accused to 10 years in prison,” he said.

Malbari told reporters that the court had convicted him without proper evidence. “I have been falsely victimised and they have punished me because I am a Muslim. I will appeal to the High Court against the sessions court judgement,” he said.He also alleged police conspiracy and the role of Hindu organisations such as the Bajrang Dal and the RSS behind his conviction.

‘I am not Malbari’
Abdul Rasheed Malbari on Thursday told Deccan Herald that his name was not ‘Malbari’ and that he neither hailed from Malabar in Kerala.
“My name is Abdul Rasheed Sheikh Hussein and I am from Hejamadi in Udupi district,” he said. He claimed that the Mumbai police who arrested him had named him Malbari because he spoke the Beary language the police might have mistaken for Malayalam.
It is very common in Mumbai as well as in West Asia to call people from South India ‘Malabaris’. Incidentally, many people who work in West Asia either belong to the coastal region of Karnataka or Kerala.

 

 

 

 

PIL filed in SC for court-monitored CBI probe in Asaram’s case

http://www.firstpost.com/india/pil-filed-in-sc-for-court-monitored-cbi-probe-in-asarams-case-1070279.html

Aug 29, 2013

New Delhi: A PIL was today filed in the Supreme Court seeking a court-monitored CBI probe into an alleged sexual assault case involving self-styled godman Asaram Bapu.

The petition referred to the recent statement by Asaram’s son Narayan Sai that the minor girl was “mentally unstable” and said there was “low implementation” of the Juvenile Justice Act, 2000.

 “Direct a Supreme Court-monitored CBI probe into the incident involving the rape of minor by Asaram Bapu in the Jodhpur Ashram premises …,” Chennai-based D I Nathan said in his PIL filed through advocate N Rajaraman.

It also said the Home Ministry should be directed for immediate scientific test for ascertaining the biological age of victims, who are children, and fast tracking of the probe so that evidence was not obliterated.

It also sought a direction to the Home Ministry to ask ”all district SP level officers across the country for objective investigation by a police team of female investigators sensitized to deal with the offences involving sexual assault of child or juvenile.”

The petitioner said the object of the Juvenile Justice Act, 2000 was “repeatedly violated and disregarded by the police, state authorities and the accused who are violating the privacy and the right to life of minor victims.”

It said sensitivity of the police investigating crimes against the juvenile victims and the media, which is reporting such crimes against the victims, were violating the purpose of the Act.

72-year-old Asaram, who is accused of sexually assaulting a minor, will face arrest if he fails to appear before the Jodhpur Police tomorrow. Asaram had sought extension in the date of appearance before the investigation officer of the case at Jodhpur citing he had various pre-decided religious fixtures lined up till September 19.

PTI

 

 

 

 

PIL seeks joint probe by CBI, IT, ED into IPL match-fixing

http://timesofindia.indiatimes.com/sports/cricket/fixing-hits-ipl/news/PIL-seeks-joint-probe-by-CBI-IT-ED-into-IPL-match-fixing/articleshow/22142921.cms

PTI | Aug 29, 2013, 07.18 PM IST

MUMBAI: Hearing a PIL seeking a joint probe by the Income Tax (IT), Enforcement Directorate (ED) and CBI into alleged match fixing and betting in Indian Premier League (IPL) cricket matches, the Bombay High Court ordered on Thursday that a copy of the petition be served to these agencies within three weeks. 

The order was given by a bench headed by Justice PV Hardas which heared a public interest litigation (PIL) filed by former journalist Ketan Tirodkar asking for probe by central agencies into alleged nexus of cricket players with bookies. 

The petitioner prayed that the Central Bureau of Investigation (CBI) be directed to register a case of cheating against players and bookies who had allegedly developed nexus with vested interests for “fixing matches or promoting betting in IPL matches”. 

The PIL alleged that offences had been committed in the context of match fixing during IPL 2013 and also urged a direction to ED, IT as well as Mumbai police and Delhi police to co-operate with the CBI which should take up the role of co-ordinating these investigations. 

The petitioner said that on a request by the central government, the CBI had earlier conducted a preliminary inquiry into the alleged nexus of players with bookies. This report should culminate in the filing of an FIR if offences had been committed. However, this had not been done, the PIL said. 

When the IPL scam broke this year, some bookies’ names had cropped up during investigations conducted separately by Delhi police and Mumbai police, the PIL said, adding that a central and independent agency like the CBI must be directed to probe the alleged cricket match fixing and betting.

 

 

 

 

PIL on Justice K G Balakrishnan: Supreme Court seeks government reply

http://articles.economictimes.indiatimes.com/2013-08-26/news/41455270_1_pil-supreme-court-chief-justice

PTI Aug 26, 2013, 12.52PM IST

NEW DELHI: The Supreme Court today asked the Centre to file its response on a PIL seeking initiation of removal process of former Chief Justice of India K G Balakrishnanfrom the post of NHRC Chairman for his alleged “misbehaviour” and purchase of benami properties.

“At this stage, we are asking the Centre to file its response within three weeks,” a bench headed by Justice B S Chauhan said.

 

During the brief hearing, the bench said let the Ministry of Law and Justice apprise the court about the status of the earlier complaint filed on this issue.

“More than two-and-a-half years have elapsed since we made the complaint with them. The complaint was supported by documents also. This issue cannot be allowed to go on and on,” lawyer Prashant Bhushan, who has filed the PIL on behalf of NGO Common Cause, said.

“We want to know as to whether they (Centre) have disposed of the complaint or it is still pending with them,” the bench said.

The PIL sought the competent authority to make a reference to the apex court to hold inquiry against Balakrishnan.

 

 

 

 

PMO reveals graft complaints against CJI, AG

http://timesofindia.indiatimes.com/india/PMO-reveals-graft-complaints-against-CJI-AG/articleshow/22153198.cms?

Manoj Mitta, TNN | Aug 30, 2013, 05.38 AM IST

NEW DELHI: In a remarkable instance of transparency, the Prime Minister’s Office made public under RTI a complaint which had been given to it leveling allegations of corruption against, among others, chief justice of India P Sathasivam, his predecessor Altamas Kabir and attorney general G E Vahanvati.

The PMO’s disclosure on August 23 of these as-yet unverified allegations complied with a statutory safeguard. The RTI reply specifically said that “the concerned third parties were given opportunity to make representations regarding disclosure of the documents” in accordance with section 11 of RTI.

Responding to a plea from RTI activist Subhash Chandra Agrawal, the PMO added for good measure that it was enclosing a copy of the complaint, which had been sent by journalist M Furquan on May 5, “after completing the third party procedures”.

All this implies that the PMO decided to disclose Furquan’s complaint after notifying not only him but also the other “concerned third parties” – namely, the judges and law officer – who had been attacked by him. For, section 11 stipulates that no confidential information “which relates to or has been supplied by a third party” can be disclosed without observing the principles of natural justice.

Interesting, in the same RTI reply, the PMO declined to disclose another complaint, which was only against Kabir and had been filed on March 19 by chief justice of the Gujarat high court Bhaskar Bhattacharya.

The explanation given by the PMO for withholding it is telling: Justice Bhattacharya stated that “his communication was confidential in nature and is meant for constitutional functionaries concerning a particular subject matter. He has therefore requested that the contents of the letter should not be disclosed to any person/authority, who is not a participant in the process. In view of the submission made by the third party, the information cannot be provided.”

The grounds for withholding Bhattacharya’s letter, which had been written towards the end of Kabir’s tenure as CJI, make the disclosure of Furqan’s letter under the same provision all the more significant. In any event, it is contrary to the trend of being cagey about disclosing information relating to judicial accountability.

As for the action taken on Furquan’s complaint, the PMO said generally that it had been filed “as per guidelines for processing of public petitions in the office”. The six-page complaint attributed ulterior motives to several judicial decisions taken by Kabir and other Supreme Court judges. It also all alleged that there was an “unholy nexus” between Kabir and Vahanvati.

 

Legal News 09.08.02013

Supreme Court notice to Centre, Jammu & Kashmir on judicial probe into Ramban firing

http://articles.economictimes.indiatimes.com/2013-08-08/news/41202005_1_judicial-probe-bsf-pil

PTI Aug 8, 2013, 05.07PM IST

NEW DELHI: The Supreme Court today sought response of the Centre and the Jammu & Kashmir government on a PIL seeking judicial inquiry into the BSF firing in Ramban district of the state in which four persons were killed and several injured.

A bench of Chief Justice P Sathasivam and Justice Ranjana Desai issued notices to the Centre, the state government and the DGP.

 

The PIL also sought direction to provide security, lodging and medical facilities to Amarnath and Vaishnodevi pilgrims who get stranded during their journey due to imposition of curfew.

The PIL filed by Sudesh Dogra, political secretary of J&K National Panthers Party, said four civilians were killed and 44 persons including security personnel were injured on July 18 when a BSF team had opened fire at a mob that had gathered at its camp in Ramban district protesting against alleged manhandling of an imam of the area by the force.

The petition, filed through senior advocate Bhim Singh, said curfew was imposed after the incident due to which a large number of pilgrims got stuck on their way.

It also sought compensation of Rs 50 lakh for the family members of those killed in the firing and Rs 10 lakh for the injured persons.

 

 

 

 

Ishrat Jahan case: PIL in Gujarat HC against interference of PMO in the case

http://indiatoday.intoday.in/story/ishrat-jahan-case-pil-in-gujarat-hc-against-interference-of-pmo-in-the-case/1/298707.html

PTI  AHMEDABAD, AUGUST 9, 2013 | UPDATED 03:01 IST

A Public Interest Litigation filed in the Gujarat High Court has demanded that `interference’ of Prime Minister’s Office in the probe into the Ishrat Jehan encounter killing be stopped.

A division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala heard the matter on Thursday before adjourning it to August 16 for further hearing.

Kantilal Chavda, a local resident, has alleged in the PIL that the PMO, through Union Ministry of Home Affairs and CBI, is interfering in the investigation.

“Investigations have revealed, as reflected in the charge-sheet, that the then Director, Intelligence Bureau, was the main conspirator…despite this, he has not been arraigned as accused,” the petition says.

“It appears that the intention of the central government is to play a political game rather than unearth the truth”, it charged.

The charge-sheet filed by CBI claims the inputs about four `terrorists’ entering Ahmedabad in 2004 to assassinate Chief Minister Narendra Modi was provided by Rajinder Kumar, and weapons found on the dead bodies of the four were also supplied by him.

Ishrat, a Mumbai-based student, her friend Javed Shaikh alias Pranesh Pillai, and their associates Amjad Ali Rana and Zeeshan Johar were gunned down by Crime Branch sleuths on June 15, 2004 near here. According to CBI, the encounter, a joint operation by Gujarat Police and Intelligence Bureau, was fake.

 

 

 

HC Rejects PIL Challenging Z Security to Mukesh Ambani

http://news.outlookindia.com/items.aspx?artid=806433

Observing that the Centre has the executive powers to analyse threat perception and provide protection to any private person or entity, the Bombay High Court today dismissed a PIL challenging the ‘Z’ category CRPF security given to Reliance Industries chairman Mukesh Ambani.

A division bench of Chief Justice Mohit Shah and Justice M S Sancklecha today dismissed the public interest litigation filed by two social activists Nitin Deshpande and Vikrant Karnik seeking quashing of the April 21 order of the Union government, which gave CRPF security to Ambani.

“There is nothing in the CRPF Act or rules that take away the executive powers of the central government to provide protection to a private person or entity. It is up to the authority to scrutinise and decide on demand for protection, ” the court said.

The court relied on a 1955 judgement of the Supreme Court which said the Centre can take executive decisions and need not wait for the Parliament to enact or amend the law.

“The executive powers of the central government are co-existent with the legislative power of the Parliament,” the High Court said today, quoting the apex court order.

The bench further said that the Central Reserve Police Force (CRPF) can be deployed for protection and prevention of crime.

“CRPF may be deployed anywhere in India not only for restoration of law and order but also for any other purpose as decided by the Centre,” Chief Justice Shah said.

The petitioners’ lawyer Ashish Mehta argued that in 2009, the CISF Act was amended so that they could provide protection to private installations like oil refineries.

“Similarly, if CRPF commandos are deployed for protection of private persons, then even the CRPF Act and rules should be amended,” Mehta said.

“If you (petitioner) do not have objection to CISF providing protection to oil refineries then why are you raising objection to protection given to the person who put these oil refineries?” Chief Justice Shah queried.

The court further said that it cannot entertain PILs filed for publicity and that the petitioner should specify some illegality and injustice therein.

The government had sanctioned security after Ambani’s office informed the Mumbai police about threatening letters purportedly sent by terror group Indian Mujahideen (IM).

Additional Solicitor General Kevic Setalvad argued that Ambani, who has been provided 25 CRPF commandos, is paying around Rs 15 lakh every month towards the protection.

According to the PIL, CRPF is constituted to tackle emergency situations, and not for day-to-day law and order duties.

“The service of the CRPF is required only when there arises situation of national emergency, terrorist attacks, internal disturbances, riots or otherwise which is beyond the control of the local police,” it states.

It further says that such security is given only to high-risk individuals including Cabinet ministers, chief ministers, Supreme Court and High Court judges, leading politicians and senior bureaucrats.

 

 

 

 

 

PIL on waterlogging: HC pulls up MCDs, NDMC, PWD and DJB

http://zeenews.india.com/news/delhi/pil-on-waterlogging-hc-pulls-up-mcds-ndmc-pwd-a_867765.html

Last Updated: Thursday, August 08, 2013, 19:48   

New Delhi: Pulling up the civic agencies and other public bodies for their failure to stop water-logging in the city during this monsoon, the Delhi High Court on Thursday asked their heads to fix responsibilities on the officers and make them accountable. 

 

“We want results not the words. We are not impressed by the affidavits. There should not have been water-logging after the assurance given by the civic and other agencies to court on July 24….,” a division bench of acting Chief Justice B D Ahmed and Justice Vibhu Bakhru said during an hour-long hearing of a PIL seeking steps to end the problem of water-logging in the national capital. 

The bench asked three MCD Commissioners to fix responsibilities on Deputy Commissioners to take measures to stop water-logging in their respective zones for short term-measures and in case of their failure, the heads will take disciplinary action against them. 

“MCD Commissioners to fix the responsibilities on Deputy Commissioners(DC) in charge of each zone to ensure that there is no waterlogging. In case, the DCs failed to carry out the mandate, the MCD Commissioners are to take disciplinary action against them,” the bench said. 

In addition, the court sought an affidavit within four weeks from the Corporations indicating the role played by the Municipal Magistrates and directions given by them time to time. 

Similarly, the bench asked the Public Works Department (PWD) to fix responsibilities on the Superintending Engineers in each circle to carry out the work. 

PTI

 

 

 

PIL on conservation of water bodies
http://www.assamtribune.com/scripts/detailsnew.asp?id=aug0913/city05

STAFF Reporter
 GUWAHATI, Aug 8 – The Gauhati High Court today took cognizance of a Public Interest Litigation(PIL) filed by a number of eminent personalities including Dr Nirmal Choudhury and Homen Borgohain over protection and conservation of water bodies in Guwahati.

The Court also issued notices to concerned authorities including the Chief Secretary, State Environment and Forest department, Guwahati Development department, State Revenue department, Water Resources department, Chief Conservator of Forest, Guwahati Municipal Corporation, Guwahati Metropolitan Development Authority and the Deputy Commissioner, Kamrup (Metro) to respond on the matter.

Ruing over the present state of water bodies, especially the Silsako and the Bondajaan water bodies, Dr Nirmal Choudhury told mediapersons that greed and ignorance of the people have pushed the water bodies towards near-extinction point.

Dr Choudhury, who headed the one-man inquiry commission formed by the Government ten years back, said, “I had made a number of recommendations regarding conservation of water bodies and on the ways to tackle the problem of artificial flood in Guwahati. Unfortunately, most of the recommendations remained on papers only.”

“A holistic approach is required from the Government to conserve and protect the water bodies which are so important for our eco-system. Of course, funds would be required but that would be worth an investment, especially in view of the future of the nextgeneration.

Eminent journalist and former president of Asam Sahitya Sabha Homen Borgohain said that although the Government had enacted a law in 2008 to protect and conserve the water bodies, it itself resorted to gross violations of the law by allotting the land for construction.

“Had the recommendations of Dr Choudhury inquiry commission been executed, the state of affairs would have been far better. Inquiry commissions formed by the Government have turned into gimmicks,” Borgohain said.

Borgohain said that the Government must evict the illegal occupants and also demolish unauthorized constructions in the prohibited (water bodies) areas.

“If immediate and concrete steps are not taken, the problem of artificial flood will never be solved,” Borgohain opined.

 

Legal News 08.08.2013

Supreme Court stays execution of Maganlal

http://www.thehindu.com/news/national/other-states/supreme-court-stays-execution-of-maganlal/article5001475.ece

J. VENKATESAN

The Supreme Court on Wednesday night stayed the execution of Maganlal Barela, who was sentenced to death for beheading his five daughters after an argument with his two wives. He was to be hanged today morning. Further hearing of the case is scheduled to take place at 10.30 am on Thursday.

The order of interim stay of execution was passed by the Chief Justice of India P. Sathasivam at his residence around 11.30 pm on Wednesday night after senior counsel Colin Gonsalves approached him with a plea to suspend the execution scheduled for Thursday morning. Since the CJI could not call the two other companion judges to his residence at the odd hour, he passed an order staying the execution and posted the matter for further hearing as a first case on Thursday morning to be heard by a Bench headed by him.

Last month, the Sehore District and Sessions Court issued a black warrant for Mr. Barela’s execution after President Pranab Mukherjee rejected his clemency petition last month. His plea to commute his sentence to life imprisonment had been rejected by the High Court and the Supreme Court. Barela killed his five daughters, aged 1 to 6, with an axe in the village of Kaneria on June 11, 2010. He tried to hang himself after the crime, but was unsuccessful.

 

 

 

 

Supreme Court’s approval sufficient to probe corrupt officials: CBI

http://en.wikipedia.org/wiki/List_of_Bollywood_films_of_2013

IANS | Posted on Aug 07, 2013 at 04:16am IST

The CBI on Tuesday told the Supreme Court that it did not require the government’s sanction for a corruption probe against public servants in court-monitored cases but the government disagreed with this.

The Central Bureau of Investigation (CBI) told an apex court bench of Justice RM Lodha, Justice Madan B Lokur and Justice Kurian Joseph it would file an application seeking its go-ahead to begin investigating an officer suspected of wrongdoing in the allocation of coal blocks.

Senior counsel Amarendra Saran, appearing for the CBI, sought to keep the government away from the process of giving sanction for investigating public servants facing corruption allegations but Attorney General GE Vahanvati said the court could seek the stand of government on such a plea.

 

 

 

 

HC tells Mamata to ensure no forcible shutdown during GJM-sponsored bandh

http://indiatoday.intoday.in/story/hc-tells-mamata-to-ensure-no-forcible-shutdown/1/298446.html

IANS  KOLKATA, AUGUST 7, 2013 | UPDATED 16:04 IST

In the wake of the Gorkha Janmukti Morcha (GJM)-sponsored indefinite shutdown in Darjeeling Hills, the Calcutta High Court on Wednesday directed the West Bengal government to ensure there was no forced shutdown and asked it to submit a compliance report in seven days.

Hearing a public interest litigation (PIL) seeking the court’s intervention against forced shutdowns, a division bench of Chief Justice Arun Mishra and Justice Joymalyo Bagchi asked the state government to ensure that railways, offices and education institutions are not subjected to forcible shutdowns.

While pronouncing the order, the bench however, remarked “democratic aspirations of the people cannot be curtailed forcibly” and added that “such shutdowns are undemocratic”.

The court also asked the Mamata Banerjee administration to furnish a copy of the order to the representatives of the GJM.

The High Court earlier had declared bandhs (shutdowns) illegal.

Life in the North West Bengal hills has been crippled since the past week following the GJM’s indefinite shutdown to press for a separate Gorkhaland state to be carved out of parts of Darjeeling and its neighbouring Jalpaiguri district. 

The move came after the Congress and the United Progressive Alliance’s endorsement of statehood to Telangana.

Over 100 GJM supporters and activists have been arrested in the past few days for picketing or trying to use force to ensure the shutdown.

 

 

 

HC stays single judge’s order

https://mail.google.com/mail/?shva=1#inbox

 
 

Kerala High Court today stayed the interim order of a single judge directing police to take custody of telephone records, including voice records, of Salim Rajan, former gunman of Chief MinisterOommen Chandy

The order in this regard was issued by a division bench comprising Chief Justice Manjula Chellur and justice A M Shafique on a an appeal by the state government challenging the legality of the interim order, passed two days ago. 

Justice V K Mohan had on August 5 directed Inspector General of Police to seize the telephone records of Salim Rajan and that of his relatives while admitting two petitions filed by A K Shariffa of Kochi and Premchand R Nair of Thiruvananthapuram seeking CBI probe into the activities of Salim Rajan and some of his relatives involved in dubious land deals. 

When the appeal came up, Advocate General K P Dandapani contended that the land transactions took place long back and and no criminal cases were pending against Salim Rajan and his relatives before any forum. 

The bench orally observed that petitioner has not preferred any complainant before any police station against the phone calls or seizure of telephone records. Instead, Shariffa had directly preferred a complaint to theDirector General of Police

According to the petitioner, she submitted a complaint to DGP due to “illegal influences, money and manpower’ by the Chief Minister’s gunman and no action was taken. 

In an unusual move, the government today approached the Kerala High Court challenging the order to seize the telephone records of Salim Rajan, who was suspended from service after it was found that he had made and received phone calls from Saritha S Nair, accused in the solar panel scam. 

The allegation against Salim Rajan and his relatives was that they had tried to usurp about 1.16 acres of land at Kalamassery in Kochi belonging to Shariffa and 45.5 acres of land at Thiruvananthapuram belonging to Premchand R Nair. 

The bench, however, declined to stay the order directing the seizure of revenue records relating to the alleged deals. 

Salim Rajan was suspended from service when the solar panel scam broke out and media reports surfaced that he had made and received calls from the accused Saritha.

 

 

 

 

 

HC says no to CBI probe sought over clean chit to Bishnoi

http://zeenews.india.com/news/maharashtra/hc-says-no-to-cbi-probe-sought-over-clean-chit-to-bishnoi_867523.html

Last Updated: Wednesday, August 07, 2013, 20:27   

Mumbai: The Bombay High Court today refused to direct CBI to probe into alleged malpractice due to which IPS officer K L Bishnoi cleared his LLB exam without appearing for practicals and also against other policemen who had conducted an inquiry and gave a clean chit to him. 

A division bench of Justices S C Dharmadhikari and S B Shukre was hearing a petition filed by Chitra Salunkhe, former vice principal of Siddarth Law College, seeking a CBI probe against Bishnoi and other IPS officers for allegedly shielding him. 

Earlier, the High Court had directed former Director General of Police, K Subramanium to conduct an inquiry into it. The DGP gave a clean chit to all the officers but recommended advisory note to be issued to two of them for non-application of mind and casual approach while dealing with complaints filed by Salunkhe against Bishnoi. 

 

However, soon after the report was submitted, Salunkhe sought CBI inquiry alleging that the DGP inquiry was just an “eyewash”. 

The court today, however, observed that the inquiry conducted by the former DGP was not dis satisfactory. “We do not find any substance in the allegations of the petitioner. We found nothing in the report which would warrant us to direct for CBI investigation,” Justice Dharmadhikari said. 

The court further held that it does not find the DGP inquiry report “perverse or erroneous in law” and hence to falsify it at this stage was unwarranted. 

According to Salunkhe, Bishnoi had cleared his final year LLB examination with the help of then acting principal I A Inamdar, without appearing for the practical examination held on March 12, 2005. 

On Salunkhe’s complaint, seven IPS officers had conducted an inquiry into the matter. After Bishnoi was given a clean chit, Salunkhe approached the high court seeking action against the senior cops for submitting “false” reports. 

Besides Maria, the other officers who faced inquiry were Additional Director Generals of Police Pankaj Gupta and Mohan Rathod, Additional Commissioner of Police Sanjay Saxena and three Deputy Commissioners of Police – Naval Bajaj, Brijesh Singh and Vishwas Nangre-Patil. 

PTI 

 

 

HC issues order aimed at reducing pendency of cases in UP

http://www.business-standard.com/article/pti-stories/hc-issues-order-aimed-at-reducing-pendency-of-cases-in-up-113080701532_1.html

 

Allahabad High Court has asked district judges and police chiefs across Uttar Pradesh to work together to ensure that the backlog of over six lakh criminal cases where the accused “were absconding (or) not appearing before courts” for more than three months were “wiped out”. 

A bench of Justices Amar Saran and Dinesh Gupta also asked the state DGP, Principal Secretary (Home) and district judges to “send feedback to the HC registry by the 7th of each month” regarding the extent to which the above directions were being followed. 

In a May 24 order, the court had asked the officials concerned to “ensure the appearance of charge-sheeted accused within three months” who had failed to present themselves for hearings in courts across UP. 

The court noted there were 6.20 lakh cases across UP in which the accused had not appeared before the trial court despite submission of a charge-sheet. 

Fixing Aug. 30 as the next date of hearing in the matter, HC sought “further feedback and compliance affidavits” on behalf of the Principal Secretary (Home) and the DGP and ordered “senior officials capable of taking decisions and responding to the court’s queries” to remain present on that date.

 

 

 

 

HC forbears opening of Tasmac shop near Sivakasi

http://www.thehindu.com/news/cities/Madurai/hc-forbears-opening-of-tasmac-shop-near-sivakasi/article4998849.ece

Officials proposed to open Tasmac outlet despite objections raised by villagers

The Madras High Court bench here has issued an order forbearing the Virudhunagar district manager of Tasmac from opening a liquor shop at Vadamalapuram village near Sivakasi.

“When the people of a locality are against the establishment of liquor shops, the democratically elected government should respect their wishes and consider them in proper perspective,” ruled a division bench comprising Justices N. Paul Vasanthakumar and P. Devadass in their order.

The petitioner, T. Paul Raj, a resident of Vadamalapuram, filed the public interest litigation opposing the proposal of the district manager of Tasmac to open a liquor shop in the village. In his petition, Mr. Raj alleged that the officials proposed to open the Tasmac shop despite the objections raised by the villagers.

“The Vadamalapuram village panchayat had passed a resolution on July 1, 2013 requesting the district collector not to permit the opening of liquor shops in the village. The villagers sent a communication to the officials on July 16, 2013 objecting to the opening of a liquor shop in the village”, contended the petitioner’s counsel G.R. Swaminathan.

According to the counsel, there was a high school in the village, which was attended by girl students from six surrounding villages. Having a Tasmac shop in the village would be a hindrance to them, he contended.

The counsel appearing on behalf of Tasmac, M. Muniasamy, contended that establishing a liquor shop in Vadamalapuram village would fetch more income to the government.

“We are of the view that the views of the villagers and the resolution of the panchayat should be given due consideration by the district manager of Tasmac, whose sole intention, according to his submission, is to fetch more income to the government”, the judges observed in their order.

The authorities were bound to respect the ‘sentiment and views’ of the villagers, they further noted.

 

 

 

 

HC seeks report on Delhi’s Kalkaji temple

http://www.business-standard.com/article/news-ians/hc-seeks-report-on-delhi-s-kalkaji-temple-113080701105_1.html

 

Delhi High Court Wednesday issued notice to Delhi Police asking it to file a status report indicating security and safety measures in and around Kalkaji temple.

A division bench of Acting Chief Justice B.D. Ahmad and Justice Vibhu Bakhru also asked the fire department to file a status report on compliance of the safety regulations within the temple.

The court’s direction came on a PIL filed by advocate Piyush Joshi seeking directions for Delhi Police to provide adequate security and safety at the Kalkaji temple and other basic amenities, including sanitation.

The bench also issued notice to the central government, Sri Kalkaji Mandir Prabhandhak Sudhar Committee, Delhi government, lieutenant governor, Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD), police commissioner, police station house office of Kalkaji and Delhi fire service.

The petitioner said that he saw the prevailing deplorable conditions at the Kalkaji temple such as lack of proper hygiene and sanitation, mismanagement, lack of security, unauthorised occupation of the dharamshalas in the temple premises, lack of basic amenities like shoe storage facilities etc.

Filing the plea, the advocate said the conditions in the temple premises do not conform to any civic standards of sanitation, health and fire safety.

It added that no security measures are present at the temple to prevent untoward incidents.

“Poor sanitation conditions at the temple are breeding ground for diseases. No proper waste disposal system has made the temple premises unhygienic,” the PIL stated.

The plea sought directions for DDA to check and demolish illegal unauthorised construction in and around the temple and MCD to check all unscrupulous vendors who have raised unauthorised structure around it.

“There is encroachment upon temple property by unauthorised and unscrupulous persons who pollute the temple premises without taking any measures to depose of the waste and garbage, which is generated from their respective shop structures,” the plea said.

 

 

 

 

CWC begins questioning rescued girls

08th August 2013 07:59 AM

The 28 girls, who were allegedly sexually abused by a caretaker in a shelter home near Bagalur and rescued on Tuesday, were questioned by  the Child Welfare Committee (CWC) to find out what exactly happened in the shelter home.

The incident came to light when one of the girls wrote to her classmate’s parents, pleading to help her. The girl said that over the three months of her stay in the shelter, she was abused by the caretaker Samuel. Other girls at the shelter too were abused by the caretaker.

The caretaker was arrested and produced before the court by the Kothanur police. The police have written to the Child Welfare Committee seeking directions on where to send the girls.

“We are not sure whether to house the girls —in the same home or another place. We have written to the CWC seeking directions in this regard,” said an official at the station. 

The CWC has questioned eight girls. CWC member Vishalakshi said: “The investigation is still in the process. We have questioned 8 children so far,” she said. “We have also asked the police to include violation of Protection of Children from Sexual Abuse Act 2012 in the FIR against Samuel,” she said.

 

 

 

 

‘Dead’ boy comes alive, courtesy CWC

07th August 2013 10:00 AM

Parents of seven-year-old Vignesh (name changed) were speechless when they saw their son for the first time in 10 days at the Government Home for Boys at Royapuram on Tuesday.

After all, the boy, who ran away with his 13-year-old neighbour on July 26, was thought to have drowned in the Marina Beach and his parents wandered around various beaches hoping that his body would be washed ashore. But, Vignesh was rescued and officials of the Child Welfare Committee escorted him around Chennai to identify his residence as he did not know the precise details.

Officials said Vignesh, the son of Murugesan, a labourer and Papathi, a housemaid from Manapakkam, had skipped school and left with his neighbour on July 26 for sightseeing. They visited Guindy and later spent time at the Marina after which Vignesh went missing. His neighbour, who returned home, reportedly lied to Vignesh’s family that he had drowned. “We went to many beaches hoping to find  either him or his body. Every time, we heard about a young boy’s death, we got scared thinking that it could be our son,” a teary Papathi said.

However, Vignesh was rescued by the Juvenile Aid Police Unit from Guindy Railway Station and was produced before the CWC on July 30.

It took another six days to trace his parents as Vignesh initially told the CWC that he lived in ‘Kolapakkam’ near Porur. On Saturday, CWC staff escorted the boy to places in south Chennai and other suburbs hoping that he would identify his locality. “When he travelled in a suburban train, he identified the station where he had to get down and we found that it was not ‘Kolapakkam’ but Manapakkam. Parents and police thought he was dead,” said Agnes Shanthi, CWC chairperson.

 

 

 

 

124 criminal cases against Samaikyandhra protesters

http://timesofindia.indiatimes.com/city/hyderabad/124-criminal-cases-against-Samaikyandhra-protesters/articleshow/21691730.cms

TNN | Aug 8, 2013, 01.12 AM IST

 

 

 

 

 

No B-class facilities for murder convicts in jails

http://www.hindustantimes.com/Punjab/Chandigarh/No-B-class-facilities-for-murder-convicts-in-jails/SP-Article1-1104830.aspx

HT Correspondent, Hindustan Times  Chandigarh , August 07, 2013

Murder convicts in Punjab and Haryana are not entitled to B-class facilities in jails, while Punjab has also decided to deny such facilities to prisoners involved in “any kind of acid attack”.

This decision was conveyed to the Punjab and Haryana high court through affidavits filed on behalf of the states during resumed hearing of a public interest litigation (PIL) seeking the withdrawal of B-class facilities to convicts in murder cases.

In pursuance to the directions issued by a division bench of the high court on July 10, the Haryana jails department had issued instructions to the director general of prisons (DGP), on August 1 that murder convicts shall not be entitled to B-class facilities.

The circular clarified that the facilities shall also now not be available to prisoners involved in (i) Lurking house trespass or house breaking where death or grievous hurt is caused (under Sections 406 or 459 of the Indian Penal Code (IPC); (ii) offences against the state punishable under Section 121 to 124-A IPC; (iii) Immoral trafficking in minors (sections 3, 4, 5 of the Immoral Traffic Prevention Act; (iv) Offences under sections 17 (c) or 18 (b) of Narcotic Drugs and Psychiatric Substances Act.

An additional affidavit has been filed by Jagjit Singh, additional inspector general of prisons, Haryana, stating that as per instructions issued by the additional chief secretary vide a letter dated August 1, facilities provided to convicts in murder cases had been withdrawn.

The additional advocate general, Punjab, produced a August 6 communication of the jails department, Punjab, to the ADGP (prisons), conveying that the state government had decided that prisoners involved in “murder/culpable homicide/causing death by negligence or rash act” shall not be entitled to B-class facilities. The Punjab government has also deprived prisoners involved in “any kind of acid attack on the body of a person” from B-class facilities in jails. Besides, those involved in offences under Narcotic Drugs and Psychotropic Substances Act have also been disentitled from B-class facilities.

B-class facilities

The inmate gets facilities of bedding, separately cooked food or home-cooked food, newspapers and magazines, exemption from hard jobs, can wear clothes other than prisoner’s uniform, and can have more visitors as compared to ordinary prisoners.

Chandigarh seeks more time

The standing counsel for UT Chandigarh stated before the HC that the matter was being considered by its home department. The HC, therefore, granted two more weeks to the Chandigarh administration for compliance of its order dated July 10. The PIL shall now be listed for compliance only for the UT on August 30.

Convicts challenge decision

Five inmates of the Gurgaon jail, undergoing life imprisonment for murder, moved an application for intervention in the PIL. They stated that the right to better-class facilities available to them under provisions of the Punjab Jails Manual could not be taken away by the issuance of any circular or notification by the state government.

 

 

 

 

26/11 accused Jundal files bail plea in sessions court

http://www.mumbaimirror.com/mumbai/crime/26/11-accused-Jundal-files-bail-plea-in-sessions-court/articleshow/21693496.cms

Mumbai Mirror | Aug 8, 2013, 02.38 AM IST

Mumbai Mirror Bureau

Sayed Zabiuddin Ansari alias Abu Jundal, alleged Lashkar operative and key plotter of 26/11 terror strikes, on Wednesday filed a bail application, saying though he has been in jail for the past one year, the trial in the case is yet to begin. 

“The respondent (state) is deliberately delaying the court proceedings and hence prolonging the trial with mala-fide intentions,” said Jundal’s bail application, filed by his lawyer advocate Ejaz Naqvi in a sessions court. 

The plea further says that Jundal is innocent and has been implicated. The court has asked the state to file its reply by August 20. 

Beed resident Jundal was deported from Saudi Arabia in June 2012. According to the Crime Branch, he was one of the key conspirators of Mumbai terror attacks of November 2008 which had left 166 dead and scores injured. 

In its 13,000-page charge sheet filed last October, the Crime Branch has alleged that Jundal was present with LeT chief Zaki-ur Rehman Lakhvi and others in a Karachi-based “control room”, monitoring the 26/11 terror strike. The cops claim it was Jundal who taught Hindi to the 10 Pakistani attackers. 

In Maharashtra, Jundal is also accused of involvement in the 2006 Aurangabad arms haul case, the 2010 German Bakery blast in Pune, and Nashik police academy attack conspiracy. 

The 32-year-old is currently lodged in Arthur Road Jail’s high security cell that earlier had housed Ajmal Qasab. He has filed many applications, claiming that Qasab’s ghost was haunting him in the cell and that he be allowed to stay with other prisoners. All the pleas were rejected.

 

 

 

 

Lakhan Bhaiyya encounter: Brother moves HC against Sharma’s

http://www.business-standard.com/article/pti-stories/lakhan-bhaiyya-encounter-brother-moves-hc-against-sharma-s-113080701524_1.html

The family of Ramnarayan Gupta alias Lakhan Bhaiyya, a suspected aide of Chhota Rajan, killed in a fake encounter in 2006, today approached the Bombay High Court challenging the acquittal of encounter specialist Pradeep Sharma by a sessions court. 

Ramnarayan’s advocate brother Ramprasad Gupta filed a petition in the high court, saying, “The sessions court order acquitting Sharma is erroneous under law. There is evidence against Sharma.” 

The sessions court had last month acquitted Sharma after observing that there is no direct or circumstantial evidence to show his involvement in the case. 

The court, however, convicted 21 persons, including 13 policemen, and sentenced them to life imprisonment on charge of murder

The lower court had termed the prosecution evidence against Sharma as “weak” to come to the conclusion that he had led the police team that carried out the encounter. 

On November 11, 2006, a police team picked up Ramnarayan, along with his friend Anil Bheda, from Vashi in Navi Mumbai on the suspicion that he was a member of the Chhota Rajan gang, and shot him dead near Nana Nani Park in suburban Versova in Western Mumbai on the same evening. 

According to prosecution, Bheda was initially detained at D N Nagar police station in Versova and was later shifted to Kolhapur. He was subsequently brought back to Mumbai and was detained for about a month. 

Soon thereafter, Ramprasad Gupta moved the Bombay High Court, alleging that police had murdered his brother. 

In February 2008, the high court ordered a magisterial inquiry which concluded that it was a “cold-blooded murder”. 

In September 2009, the HC constituted a Special Investigation Team to probe the case. 

Pradeep Sharma had been arrested by SIT on January 8, 2010, along with 21 others for their involvement in Ramnarayan’s killing. 

According to investigators, Ramnarayan was killed at the instance of Navi Mumbai-based builder Janardhan Bange alias Janya Sheth, who had got in touch with Sharma to have Ramnarayan eliminated.

 

 

 

 

Vanzara wants 2 trials in same case

http://timesofindia.indiatimes.com/city/ahmedabad/Vanzara-wants-2-trials-in-same-case/articleshow/21695224.cms

TNN | Aug 8, 2013, 04.20 AM IST

 

 

 

 

 

 

Special Cell gets dedicated court to hear its cases

Aneesha Mathur : New Delhi, Thu Aug 08 2013, 00:59 hrs

http://www.indianexpress.com/news/special-cell-gets-dedicated-court-to-hear-its-cases/1152608/0

Four months after the capital was divided into 11 judicial districts, the Delhi High Court has agreed to grant the Delhi Police Special Cell a designated court to handle all the cases that the cell was investigating.

Earlier this week, the Delhi High Court passed an administrative order which stated that all sessions trial cases — except for those under the Narcotic Drugs and Psychotropic Substances (NDPS) Act — will now be tried by the court of the second senior-most Additional Sessions Judge (ASJ-2) at Patiala House Courts complex. The order also stated that the transfer was “with immediate effect”.

According to the order, all pre-trial proceedings — such as remand of accused, submission of chargesheet, etc. — of cases investigated by the Special Cell will be done in the court of the Chief Metropolitan Magistrate, New Delhi, at Patiala House Courts complex.

It, however, remains to be clarified whether the cases, which are in their final stage of trial as well as those in which judgments have been reserved, will also be transferred.

A huge number of cases, including the high-profile IPL spot-fixing case, the Delhi serial blasts case, the cases against the various alleged modules of terrorist outfit Indian Mujahideen, among others, which are presently being heard in various sessions courts in the city, will now be heard by a single judge.

The hearing in the Delhi serial blasts case, which was scheduled to be heard before the court of ASJ Narinder Kumar at Tis Hazari on Wednesday, was deferred to next week as the court was informed about the High Court order.

The hearing in the bail plea filed by seven accused in the IPL spot-fixing case was also deferred by the Saket court to Thursday, and will now be heard at the Patiala House Courts complex.

The Delhi Police Special Cell had in February sent a representation to the High Court demanding a dedicated special court to hear its cases, citing the sensitive nature of these cases.

The Cell said its cases needed to be transferred to a single court to ensure better security for its officers as well as the accused in the cases.

Advocate M S Khan, who is representing several alleged Indian Mujahideen members, said the move may delay cases further.

“The purpose of a dedicated court is to dispose of cases expeditiously. This would be defeated if you transfer 100-150 cases to a single court,” Khan said.

 

 

 

 

 

Delhi police pulled up for shutting eyes on lady cop’s molestation case

http://zeenews.india.com/news/uttar-pradesh/allahabad-hc-s-lucknow-bench-to-get-hi-tech-securi_867399.html

Last Updated: Wednesday, August 07, 2013, 13:35 

New Delhi: The Delhi Police has been pulled up by a court here for “shutting its eyes” on the complaint of its lady constable accusing a Station House Officer of molesting her in a police station.

The court also expressed its displeasure over a magisterial court’s refusal to order registration of FIR on her complaint. 

“It is very unfortunate that a department (Delhi Police), which is responsible to investigate every crime in Delhi, is alleged to have shut its eyes from the crime having been committed upon their own employee i.i. Complainant and that allegedly by their officer i.e. SHO, who was duty bound to prevent crime in his area,” Additional Sessions Judge Rajender Kumar Shastri said. 

The ASJ’s observation came on an appeal filed by a lady constable through her counsel Hena Shah against a magisterial court order refusing to direct lodging of FIR on her complaint against the then SHO, BS Rana of Kalkaji Police Station here, citing absence of independent witnesses to prove allegations. 

The Sessions court, however, sets aside the magistrate’s decision saying, “A prima facie case of cognizable offence was made out. In my opinion, it was contrary to law, not to direct the SHO to register FIR.” 

It also directed the complainant to appear before the trial court on August 12. 

The 22-year-old constable had said that in January 2012 while she was posted at Kalkaji Police Station, the SHO had allegedly molested her in a rest room of the police station. 

 

On making a complaint to her seniors, she was transferred to Sarita Vihar Police Station here. 

While directing the magistrate to hear the case afresh, the court said, “It is eerie that a young working girl could not get justice even from a court of law, which rejected her prayer, saying all the facts of the case were within the knowledge of the complainant and hence there appeared no ground to issue any direction to the SHO.” 

It also observed that “a young constable swearing on oath an incident of molestation at the hands of her boss, it was established during department enquiry that the complainant and respondents met together in police station in the night. 

“It is very hard to believe that such young official will level false allegation against her boss and a senior police officer like SHO and that relating to her own dignity,” the judge added. 

The court in its order also noted the complainant’s claim that she had lodged a complaint with the DCP concerned as well as to the Commissioner of Police, but no FIR was registered and she was transferred from the police station. 

PTI 

 

 

 

 

 

Delhi High Court rejects PIL against Food Security ordinance

http://economictimes.indiatimes.com/news/politics-and-nation/delhi-high-court-rejects-pil-against-food-security-ordinance/articleshow/21680576.cms

By PTI | 7 Aug, 2013, 06.08PM IST

NEW DELHI: The Delhi High Court today refused to entertain a PIL seeking quashing of controversial Food Security ordinance for alleged “misuse” of constitutional provision to gain political mileage, saying it was for Parliament to take a decision on it. 

“Parliament is in session and it is for the Parliament to take a decision… we refrain from expressing any opinion on the issue. The petition is dismissed,” a bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru said. 

The court was hearing the PIL filed by advocate M L Sharma questioning the procedure adopted and claimed that an ordinance can be promulgated only under extraordinary circumstances which was lacking in the present case. 

The PIL was filed in the High Court after the Supreme Court refused to entertain it saying that it cannot examine the ordinance on the ground that there was political dimension or objective behind it. 

The apex court, however, had given liberty to the lawyer to move the high court for redressal of his grievances. 

“Prior to bringing the ordinance, the Food Security bill was brought three times before Parliament and the ordinance was brought in contravention of the constitutional mandate for gaining political mileage,” Sharma said, adding that he was not against the bill but was opposing the procedures adopted to bring it. 

It sought quashing of the ordinance alleging that the constitutional provision has been misused for pre-election propaganda and political gains. 

“We cannot decide it,” the High Court said. The petition alleged Article 123 of the Constitution that deals with the power of the President to promulgate ordinances during the recess of Parliament has been misused as there was no “emergency” situation. 

“There was no emergency circumstances exist to issue impugn ordinance hence it does not comply with the terms of Art. 123. Therefore, the impugned notification is unconstitutional and is liable to be declared unconstitutional and void,” it said.

 

 

 

 

HC seeks Centre’s response on PIL questioning CBFC functioning

http://www.business-standard.com/article/pti-stories/hc-seeks-centre-s-response-on-pil-questioning-cbfc-functioning-113080700861_1.html

The Centre was today directed by the Delhi High Court to file its response to a PIL alleging that the Censor Board (CBFC) in connivance with film makers is allowing “double meaning” dialogues, “foul language and sex scenes” to be exhibited in films. 

A bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru asked Additional Solicitor General (ASG) to file an affidavit within two weeks making its stand clear on the issue raised in the petition on the functioning of Central Board of Film Certification (CBFC). 

In the petition, social activist Teena Sharma sought a CBI inquiry into the functioning of the Censor Board. 

She alleged that it was “working hand-in-glove with filmmakers, allowing double meaning dialogues, foul language and sex scenes to be exhibited in films.” 

Citing some Bollywood films, the petitioner said, “I demand a thorough explanation about how these movies are fit for public viewing under ‘U/A’ or ‘A’ certificates, as it is in clear violation of the Cinematograph Act, the Young Persons (Harmful Publications) Act, and the Indecent Representation of Women (Prohibition) Act.” 

The bench listed the matter for October 9.

 

 

 

 

HC seeks govt, police response on PIL against stunts by bikers

http://zeenews.india.com/news/delhi/hc-seeks-govt-police-response-on-pil-against-stun_867475.html

Last Updated: Wednesday, August 07, 2013, 18:00   

New Delhi: The city government and police chief were on Wednesday directed by the Delhi High Court to explain the steps taken by them to prevent bikers from performing stunts in public places including near India Gate, where a teenager lost his life during firing by cops on stunters last month. 

A bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru issued notice to the Centre, Delhi government and the Police Commissioner and sought their responses by October 23 on a PIL seeking action against such bikers. 

 

“The police are to file affidavit explaining the measures which they adopt to stop such bikers from performing stunts,” the bench said. 

The order came on the PIL filed by Hari Kishan Dayal, a city-based retired professor, who said he was aggrieved by “lawlessness” in Delhi and the “vulnerability” of men and women here due to such bikers. 

Seeking strict action against them, the PIL said “every year these anti-social elements go on rampage on their bikes, by over speeding and performing stunts on roads and harass the general public.” 

“Inspite of prior information, the police do not make adequate arrangements to stop them from violating law and troubling the commuters.” 

The petition, filed through counsel Pradeep Arya and Monica Arora, said that due to the failure of the police to stop such bikers, a 19-year-old boy lost his life last month. 

The counsel said that incidents of bikers performing stunts on roads are on the rise and it is not only hazardous for them but also endangers lives of others on the road. 

The plea alleged that despite claims by the police, the situation on the ground has not changed since the December 16 gang-rape incident and police continues to be “insensitive”. 

“The environment in public places, roads and transport is as unsafe as ever and the criminals have an utter disregard for the law,” the petition said. 

PTI 

 

 

 

 

 

New banks: CCI to prevent monopoly

http://www.hindustantimes.com/business-news/BusinessBankingInsurance/New-banks-CCI-to-prevent-monopoly/Article1-1104847.aspx

Mahua Venkatesh, Hindustan Times  New Delhi, August 07, 2013

At a time when the contours of the banking industry are set to change with several more lenders expected to come up in the country by year-end, while a few could be merged, the Competition Commission of India (CCI), the country’s fair trade regulator, has finally been given oversight powers to prohibit monopoly in the sector. 

However, in case of a merger of a failed bank with another healthy lender as in the case of bankrupt Global Trust Bank that was amalgamated with the state-owned Oriental Bank of Commerce in 2004, the Reserve Bank of India (RBI) would get full power to decide on the fate.

Earlier, any mergers in the banking space were kept out of CCI’s ambit.

“While any merger in the banking space would need the approval of the CCI, we would not play a role in case of a merger of a failed bank with another bank as in such cases there is no time for scrutiny because public money is involved and it needs to be addressed immediately,” Ashok Chawla, chairman, CCI, told HT.

The finance ministry has already indicated that it may initiate consolidation among public sector banks to create mega-banking entities to compete with foreign banks. Such mergers too may have to pass through CCI’s scanner.

“We understand the need to create banking behemoths to compete with the foreign banks but in case there are mergers among government-run banks, CCI would definitely go through the process,” Chawla added.

 

 

 

 

Competition panel penalises 11 shoe-makers

http://www.thehindubusinessline.com/industry-and-economy/competition-panel-penalises-11-shoemakers/article4999875.ece

BINDU D MENON

NEW DELHI, AUG. 7:  

The Competition Commission of India has penalised 11 shoe manufacturers for indulging in collusive and restrictive bidding for a tender floated by the Ministry of Commerce for procurement of ankle boot sole.

Imposing a penalty of Rs 6.18 crore on the 11 firms, CCI asked the companies to ‘cease and desist’ from anti-competitive practices in future.

The Directorate General of Supplies and Disposals under the Commerce Ministry had approached CCI after finding a similarity in the bids.

It was found that the difference in quoted prices of different bidders was very narrow. Following an investigation by the Director General, which indicated collusive bidding, penalty rate was 5 per cent of the average turnover of the company. The estimates of the tender requirement indicated in the tender enquiry was valued at Rs 10.45 crore and consisted of 45 items of different sizes and colours.

“The Commission is of the view that the opposite party bidders by quoting identical / near identical rates had indirectly determined prices/rates in the rates contract finalised by the DG S&G and indulged in bid rigging/ collusive bidding in contravening provisions. Further, the opposite parties by imposing quantity restrictions for the RC period as well as per controlled/ limited the supply of the product in question and share the market controlled/ limited supply of the product in question and shared the market of the product among themselves under an agreement/arrangement,” CCI said.

The companies penalised include A R Polymers, Puja Enterprises, M B Rubber, Tirupati Footwear, H B Rubber, Rajkumar Dyeing and Printing Works, Preet Footwears, S S Rubbers, R S industries, Shiva Rubber Industries and Derpa Industrial Polymers.

(This article was published on August 7, 2013)

 

 

 

 

 

Advocates to access their case flow via smartphones

http://www.hindustantimes.com/India-news/NewDelhi/Advocates-to-access-their-case-flow-via-smartphones/Article1-1104934.aspx

HT Correspondent , Hindustan Times  New Delhi, August 08, 2013

First Published: 02:15 IST(8/8/2013) | Last Updated: 02:18 IST(8/8/2013)

 

Advocates and litigants having mobile phones with Android Operating System-based internet connection can now easily access Supreme Court Display Board and know the flow of their case on any particular day.

Chief Justice of India P Sathasivam on Wednesday launched the facility at a function at the apex court in the presence of Law Minister Kapil Sibal, judges and bar leaders.

The CJI also inaugurated some other e-facilities, isncluding SMS on filing and registration of cases. This facility enables an Advocate on Record (who does actual filing of cases in the SC) and parties in person to receive instant update through SMS on their mobile on successful filing or registration of their case.

Details about filing and pendency of courts across the country will also be easily accessible with the inauguration of the National Judicial Data Grid (NJDG) by the CJI.

With the launch of the first phase of NJDG, case data of all the courts, including those at district level, will be available on a single website – ecourts.gov.in. The portal will have data from around 10,000 courts.

“Any visitor to this website can access the status of the case, the cause list of the district courts and in some cases, daily order or judgement of the case, searchable on the basis of case number, party name, advocate name etc.,” Justice Madan B Lokur, in-charge of the e-committee which was entrusted with the task of developing the portal, said.

CJI Sathasivam appreciated the effort and said this will go a long way in administration of justice as the Chief Justices of different high courts will have the actual idea of case status of different courts in the state.

Justice Lokur said the data of all the courts will also serve as a “backbone database” for the NJDG which is intended to become a case information storehouse for justice delivery system.

Law Minister Kapil Sibal said it will help in court management and will bring in more transparency.

 

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