Legal News 08.08.2013

Supreme Court stays execution of Maganlal


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

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


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


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

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. 




HC issues order aimed at reducing pendency of cases in UP


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

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


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

TNN | Aug 8, 2013, 01.12 AM IST






No B-class facilities for murder convicts in jails

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

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

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

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

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

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. 







Delhi High Court rejects PIL against Food Security ordinance

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

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

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. 







New banks: CCI to prevent monopoly

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



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

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 – 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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