LEGAL NEWS 16.07.2014

Opening of new DRTs alone will not speed up bad loan recovery’
http://www.thehindubusinessline.com/industry-and-economy/banking/opening-of-new-drts-alone-will-not-speed-up-bad-loan-recovery/article6214108.ece?utm_source=RSS_Feed&utm_medium=RSS&utm_campaign=RSS_Syndication
RADHIKA MERWIN
Judicial reforms that cause delays in the recovery process of Asset Reconstruction Companies must be addressed first
CHENNAI, JULY 15:
The banking sector was expecting a huge relief on the bad loans front from the Budget. But all it got was an earnest acknowledgement of the growing bad loan menace and the setting up of six new Debt Recovery Tribunals (DRTs).
But the opening of new DRTs alone cannot help speed up the recovery of bad loans, given the existing issues and delays in the functioning of the DRTs.
Judicial interventions that cause delays in the recovery process of Asset Reconstruction Companies (ARCs) must be addressed first.
“At present, there are 33 DRTs in the country. While the opening of an additional six is a welcome move, this alone will not help,” says P Rudran, Managing Director and CEO, Asset Reconstruction Company of India (ARCIL), the first ARC set up to buy distressed assets from banks.
ARCs were set up under the SARFAESI Act to enable faster recovery without the intervention of the court, as the Debt Tribunal or civil courts present earlier were not very effective and fast. But in reality, judicial interventions and the inefficacy of DRTs have prevented a speedy recovery.
60-day notice
ARCs, when set up, had the right to send a 60-day notice to the borrower asking him to pay the dues, failing which ARCs could take possession of the mortgaged assets. If the borrower had an objection he could go to the DRT or the High Court. The DRT was then supposed to adjudicate the matter within 180 days.
“But currently these cases take a long time and sometimes even years to decide, says Rudran. The court decisions too are unpredictable which causes the delay in the recovery process.”
Most of the times instead of adjudicating the matter, courts issue a stay order which delays the process further.
“Many of the smaller courts are also issuing stay orders against SARFAESI action. If they must issue a stay order, the least they can do is to ask borrowers to pay minimum 75 per cent of the dues as deposit. At present, some DRTs ask for a deposit of a modest 10-15 per cent and in some cases even ex parte stay is granted without any deposit being insisted upon,” Rudran adds.
The opening of new DRTs is secondary. First, the existing ones need to be adequately staffed. Many of the DRTs do not have a presiding officer or recovery officer. “In Mumbai’s Debt Recovery Appellate Tribunal (DRAT), for instance, there was no presiding officer. The officer who presides over the Calcutta DRAT was looking after the Mumbai DRAT. Only recently a presiding officer was appointed in Mumbai DRAT,” he adds.
(This article was published on July 15, 2014)

KFA dues: Service Tax Dept seeks its share from banks’ pie
http://zeenews.india.com/business/news/companies/kfa-dues-service-tax-dept-seeks-its-share-from-banks-pie_103974.html
Last Updated: Tuesday, July 15, 2014, 20:06
Mumbai: Unable to recover over Rs 50 crore dues from Kingfisher Airlines, the services tax department has moved courts to get a share from sale of securities being undertaken by lenders.

“What we are pleading to the court is that whatever money bankers will get from the sale of shares and properties of the airline, we should also be given our dues,” Services Tax Commissioner Sushil Solanki told reporters on the sidelines of a FICCI event here.

The services tax department, which in the past had frozen accounts of the Vijay Mallya-promoted airline, has filed intervention applications in the Debt Recovery Tribunal and the Karnataka High Court in pursuit of the same around three months ago, he said.

A consortium of 17 banks, which had collectively lent over Rs 7,000 crore to the airliner, have initiated recovery proceedings under the available legal avenues using the underlining securities which they had.

The securities included shares in multiple group companies and real estate like the corporate headquarters in the financial capital and a beach villa in Goa.

When asked about the dues owed by the grounded airliner to the department, Solanki said it is over Rs 50 crore plus interest and applicable penalties.

Kingfisher Airlines, which stopped operations in October 2012, allegedly did not deposit the service tax collected on ticket sales with the department, and diverted the money to other purposes.

The airlines’ dues to the service tax department had gone up to Rs 140 crore at one point of time and a slew of measures, including freezing its bank accounts to regulate fund flows, have resulted in it coming down. The department is in possession of two of the grounded aircraft of Kingfisher.

The services tax department had discovered that the modus operandi of Kingfishers was also adopted by other companies. The department had recovered nearly Rs 250 crore from such companies, Solanki said.

PTI

First Published: Tuesday, July 15, 2014, 20:06

SC Constitution Bench to decide on `living will’ to die with dignity
http://www.thehindu.com/news/national/sc-constitution-bench-to-decide-on-living-will-to-die-with-dignity/article6213979.ece
J. VENKATESAN
The Supreme Court would decide whether to issue notice to all the States or refer the matter to the Law Commission of India.
A five-judge Constitution Bench of the Supreme Court will take up for consideration on Wednesday a petition seeking to declare the execution of a `living will’ of persons, suffering from chronic terminal diseases and likely to go into a permanent vegetative state, to refuse treatment to pave way for their death.
On Tuesday a Bench comprising Chief Justice R.M. Lodha and Justices J.S. Khehar, J. Chelameswar, A.K. Sikri and Rohinton Nariman hearing a petition filed by NGO Common Cause told counsel Prashant Bhushan and Attorney General Mukul Rohatgi that the court would decide whether to issue notice to all the States or refer the matter to the Law Commission of India.
The PIL was referred to Constitution Bench by a three-judge bench. Mr. Bhushan submitted that when a medical expert opined that the person afflicted with the terminal disease had reached a point of no return, then they should be given the right to refuse being put on a life support system to prolong their agony. The issue had been wrongly referred by three judges as one concerning euthanasia, he said and added that it pertained only to execution of living will to die with dignity when there was no hope of survival.
Mr. Rohatgi said the issue had lot of legal, social and moral aspects concerning the humanity as a whole. He said right to die merely because of pain and suffering would not be in the interest of society as it was against public policy. Any change in the law could be brought about only by Parliament, he added and said the ruling in `Aruna Shanbaug’s case’, which upheld the validity of passive euthanasia, was wrong.
CJI told Mr. Bhushan that execution of will would arise only after the death of a person. As the issue concerned all the States, they should be given notice and heard, he added and said the Law Commission’s view also could be sought.
At this juncture Solicitor General Ranjit Kumar brought to the court’s notice that in November 2012 the Law Commission had already submitted a report relating to passive euthanasia and `living will’. The Bench posted the matter for further hearing on Wednesday asking the parties to throw light on the Law Commission’s report.

HC asks railways to check tout menace
http://timesofindia.indiatimes.com/city/delhi/HC-asks-railways-to-check-tout-menace/articleshow/38448536.cms
Smriti Singh,TNN | Jul 16, 2014, 03.03 AM IST
NEW DELHI: In a direction that would benefit railway passengers, the Delhi high court on Tuesday directed the railway ministry to devise a mechanism for preventing the practice of the touts of blocking the large number of berths in bogus names and then making them available to wait-listed passengers willing to pay premium.

“We direct the railways to devise ways and means for preventing the practice, if any, in vogue of the touts for their own gain blocking the seats/berths by making reservation therefore in bogus names and then making such seats/
berths available to bona fide passengers willing to pay premium,by allowing them to board the train on the basis of wait-listed tickets in physical form and occupy the seats/berths of the bogus reservation” said a division bench comprising Chief Justice G Rohini and Justice R S Endlaw while giving the ministry six months to devise a plan.

The HC’s order came while hearing the petition of a man, who alleged discrimination by the railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait-listed passengers who have purchased tickets physically from the reservation counters.

In his plea, the petitioner contended that while the wait-listed passengers holding e-tickets were prohibited from boarding the train and their tickets immediately stood cancelled in case it wasn’t confirmed in the final chart, the wait-listed passengers holding tickets in the physical form were entitled to board the train and take a chance of occupying any berths available owing to “no-show of the passengers in whose name the confirmed booking exists.

While court held that “no case of discrimination was made out” as the mere fact that the passenger holding a ticket in the physical form is entitled to take such a chance even though not entitled under the Rules & Regulations”, the bench said that such a passenger was taking a risk of being de-boarded at a distant station unless of course the train has an unreserved compartment and the passenger opts to travel in the same.

It however, suggested a solution to this problem by asking the ministry to provide an option to an e-ticket purchaser as to whether he wants his ticket to be cancelled or not in the event of its non-confirmation.

“One suggestion which comes to our mind is, to give an option to passengers purchasing e-ticket, to not have their tickets cancelled automatically at the time of preparation of the final chart before departure of the train and to if so desire take a chance by going to the Railway Station and availing of the seats / berths of the passengers holding reservation and who fail to show up,” it said.

The HC asked the Railway ministry to resolve alleged anomaly which allowed waitlisted ticket holders, who purchase them from counters, to board a train while denies the same to waitlisted e-ticket holders.

HC upholds Natco’s plea on cancer drug Nexavar
http://www.business-standard.com/article/companies/hc-upholds-natco-s-plea-on-cancer-drug-nexavar-114071600123_1.html
Bayer had approached the Bombay High Court after it lost an appeal in the IPAB in Chennai last year
BS Reporter | Mumbai
July 16, 2014 Last Updated at 00:50 IST
The high court here on Tuesday upheld the compulsory licence granted to Hyderabad-based Natco Pharma to manufacture an affordable generic version of Nexavar(sorafenib tosylate), a kidney cancer drug patented by German drug major Bayer AG.

The Nexavar issue dates back to March 9, 2012, when the Controller General of Patents, Designs and Trademarks had granted a compulsory licence to Natco in this regard. At that time, the Centre had said under World Trade Organization (WTO) norms, it could issue compulsory licences to overcome barriers to a cheaper version of a patented drug, without the consent of the company holding the patent.

While Natco said it was “pleased” with Tuesday’s court’s ruling, Bayer said the decision left it disappointed. A Bayer spokeswoman said the company would continue to defend its intellectual property rights in India.

On Tuesday, the Natco Pharma stock closed at Rs 1,061.7 on the BSE, up four per cent. The court order came a few minutes before the markets closed.

Bayer had approached the Bombay High Court after it lost an appeal in the Intellectual Property Appellate Board (IPAB) in Chennai last year. The board had upheld the compulsory licence issued to Natco. Bayer held the patent for Nexavar in India until 2020 and wanted to defend its intellectual property rights within the Indian legal system, Bayer had said at that time.

In its verdict in March 2013, the IPAB ruled the government was using its rights under WTO norms to issue compulsory licences. It added though Bayer had obtained a patent for Nexavar in India in 2008, it could not make available the kidney and liver cancer drug on a large scale and at an affordable price, within the stipulated time.

Rejecting the IPAB ruling, a Bayer spokesperson had said the drug maker had produced sufficient quantities of Nexavar to meet the demands of Indian patients using the medicine.

The patent office had asked Natco Pharma to make a monthly dose of 120 tablets of Nexavar available to cancer patients at Rs 8,800, compared with Rs 280,000 charged by Bayer.
________________________________________

DRUG DEALS
• On March 9, 2012, the Controller General of Patents, Designs and Trademarks had granted a compulsory licence to Natco
• The Centre had said under WTO norms, it could issue compulsory licences to overcome barriers to a cheaper version of a patented drug, without the consent of the company holding the patent
• In its verdict in March 2013, the IPAB ruled the government was using its rights under WTO norms to issue compulsory licences

HC okays 40% cut in non-TP private land
http://timesofindia.indiatimes.com/city/ahmedabad/HC-okays-40-cut-in-non-TP-private-land/articleshow/38450544.cms
TNN | Jul 16, 2014, 03.50 AM IST
AHMEDABAD: The Gujarat high court on Tuesday upheld the provisions of deducting 40% of the land from private occupiers in non-TP areas, where the development plan is yet to be applied. The HC said that looking at the future needs for the town planning, taking away a chunk of land from occupiers for public purpose is valid and not in violation of the constitutional rights of the owners.

The court observed that the action of deducting 40% of land from occupiers and developers before the area falls under a TP scheme does not amount to land acquisition. “Looking at the future need and providing amenities like roads, drainage, garden and parking in micro-planning, competent authority can direct concerned land parcel holders to deduct 40% area. The authority has power to enforce such a regulation,” a division bench said, while turning down a PIL by Vadodara Shaheri Jilla Khedut Mandal.

The PIL had challenged provisions of General Development Regulations (GDR) issued by the urban development authority and state government. “For development, where the town planning scheme is not declared, the competent authority shall enforce owners or applicants to contribute land admeasuring up to 40% in aggregate of its plot or building,” reads the GDR rule.

In December last year, the HC had approved similar provision of taking away 40% of land from private occupiers for granting development permission in the development plan area of a city. The court had then observed that this deduction is not ‘deprivation of property’ but for a larger public interest. The same petitioner had questioned the rule and argued that depriving the land owners in this fashion is violation of Article 300-A of the Constitution. But the court disproved the contention.

HC to health department: Set up teams for surprise checks
http://timesofindia.indiatimes.com/City/Allahabad/HC-to-health-department-Set-up-teams-for-surprise-checks/articleshow/38409766.cms
Rajesh Kumar Pandey,TNN | Jul 15, 2014, 10.16 AM IST
ALLAHABAD: In order to check private practice by teachers of medical colleges, the Allahabad high court has directed the state health authorities to set up one or more special teams to conduct surprise check at the state medical colleges so as to find out whether any teacher working therein is engaged in private practice or not.

This directive was passed by a division bench of Allahabad high court comprising Justice Sudhir Agarwal and Justice Suneet Kumar on a PIL filed by one Ravi Singh.

The court directed to list this matter along with other connected matters before the appropriate court on October 28. In other important order, the court directed the commissioner, Allahabad division, to constitute a committee to conduct surprise inspection/checking to find out whether any or more teachers of medical college in Allahabad is/are doing private practice or not. The committee would collect evidence if it finds otherwise and submit periodical report along with collected evidence, if any, through the commissioner to this court within six weeks, it was directed.

In order to put effective check on menace of private practice, the court directed that all the teachers of the medical college in Allahabad shall file their personal affidavits stating as on oath as to whether they are doing any private practice or not. In case, they are engaged in private practice, they will give details whereof. Such affidavits shall be filed by July 31 with the Principal of the medical college, who shall file an affidavit himself verifying these facts.

The court directed the health authorities concerned of the state to file their respective replies giving details of the conditions of other state medical colleges functioning in UP. Regarding question of private practice by teachers in other medical colleges, the health authorities shall specify the position and what effective steps have been taken to curb the menace of private practice, the court directed.

The PIL has highlighted pathetic condition of medical college in Allahabad and its associated hospitals. The petitioner has also alleged that quite a number of teachers of this medical college are engaged in private practice.

HC seeks records pertaining to land acquisition for metro work
http://www.business-standard.com/article/pti-stories/hc-seeks-records-pertaining-to-land-acquisition-for-metro-work-114071501084_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 19:09 IST
The Delhi High Court today asked the Land AcquisitionCollector (LAC) to produce the records relating to award of compensation payable to residents whose plots have been handed over to DMRC for metro-related construction here in south Delhi.

A bench of justices Badar Durrez Ahmed and Siddharth Mridul issued the direction to LAC after it failed to show that notices were given to the house-owners before handing over their property to Delhi Metro Rail Corporation (DMRC) for Phase-III maintenance depot here.

“In case the record is not availiable before this court, he (LAC) will have to be present in person before this court with proper explanation,” the bench said and posted the matter for August 4.

The court’s direction came on a plea filed by Residents’ Welfare Association of Shram Vihar Abdul Fazal Enclave here, who had alleged land was never acquired in accordance withlaw nor notices were served to them.

The petitioner-counsel Bahar-u-Barqi contended before the court that compensation has not been paid, by DMRC, DDA or LAC to the recorded owners.

DMRC opposed the petitioner’s contention saying the land was given to them by DDA and LAC has to look into it.

DMRC counsel B L Wali contended the court had earlier also directed LAC to produce the record but they failed to do so.

He further stated that the project was supposed to be completed by December and this is the only land we were able to acquire after great difficulties.

To which, the court said LAC needs to find out and give them an update as “the fact is that DMRC is on the site”.

“You cannot deprive them (residents) without proper compensation. You (LAC) accquired land, but you have to do it in accordance with law.

“This is a public project which is hanging in balance. We cannot allow it to hang for long,” the bench said.

DDA had in December 2012 handed over the land for a depot at Kalindi Kunj in south Delhi on permanent basis for construction of Janakpuri (west) to Botanical Garden corridor (Lines-8) of the DMRC Phase-III project.

HC upholds dismissal of women’s commission chairperson
http://timesofindia.indiatimes.com/india/HC-upholds-dismissal-of-womens-commission-chairperson/articleshow/38458327.cms
TNN | Jul 16, 2014, 06.48 AM IST
SHIMLA: Himachal Pradesh high court, on Tuesday, dismissed the petition filed by former chairperson of the State Women’s Commission Dhaneshwari Thakur challenging the decision of the state government to remove her. The court said the petitioner was appointed at the pleasure of the government and was removed by the same pleasure and she cannot claim that the order of removal is a breach of the principle of natural justice.

Through her petition, Dhaneshwari Thakur sought court directions to allow her to serve as commission chairperson for the period she was appointed in terms of notification, dated January 7, 2012. She also sought compensation on the grounds taken in the memo of the writ petition. In her petition, Thakur maintained that she was removed illegally, in violation of the principle of natural justice as she was removed without following the due process of law and without giving her an opportunity of being heard.

A division bench of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, while hearing the case, said in the order, that the petitioner came to be appointed due to political considerations and there is no need to issue prior notice. The concept of the principle of natural justice is not applicable in the given circumstances, more so, when appointments have been made without following any selection process and procedure, but at the pleasure of the government. “Applying the test in this case, the petitioner was also appointed at the pleasure of the government and came to be removed by the same pleasure and cannot now claim that the order of removal has been passed in breach of the principle of natural justice,” the court observed.

HC for policy to compensate terror victims’ families
http://ibnlive.in.com/news/hc-for-policy-to-compensate-terror-victims-families/486157-3-237.html
Press Trust of India
Jul 15, 2014 at 06:38pm IST
Mumbai: The Bombay High Court on Tuesday suggested the Centre to come out with a policy to adequately compensate families of those killed in terror attacks instead of paying a standard amount by way of ex-gratia.
A division bench comprising Justices Abhay Oka and AS Chandurkar asked the Union government to file a fresh affidavit by July 30 detailing steps it intended to take to compensate the victims’ families.
The court’s order came after the Union government, in an affidavit, said it has come out with a circular under which an ex-gratia payment of Rs four lakh would be made to such families. While the Centre would pay Rs three lakh, the remaining would be contributed by the respective state governments.
The bench also asked Advocate General Darius Khambata to appear in the matter to assist the court. The court was hearing a PIL filed by Rajeshwar Panchal, an advocate, who sought a just and fair amount to be given as compensation to the families of people killed in terror attacks.
Panchal argued that the income of the deceased, the social status of the family and the number of dependents needed to be taken into account to determine the compensation.
He said Motor Vehicles Act and Workmen’s compensation Act laid down a formula to arrive at such a compensation. The High Court had earlier observed that giving suitable compensation to the victims of terror attacks or blasts is a liability of the state and such relief cannot be ex-gratia (done from a sense of moral obligation rather than because of any legal requirement).

HC rejects PIL asking permission to capture live snakes during
http://www.business-standard.com/article/pti-stories/hc-rejects-pil-asking-permission-to-capture-live-snakes-during-114071501134_1.html
Press Trust of India | Mumbai
July 15, 2014 Last Updated at 19:31 IST
The Bombay High Court today dismissed a petition seeking permission to capture live cobras from forests during the forthcoming Nagpanchmi festival for worshipping the snakes, observing it was against the provisions of Wildlife Protection Act.

The plea to capture snakes from the forests was rejected by a bench of Justices Abhay Oka and A S Chandurkar which said such practice was not an essential requirement in Hindu religion.

The bench opined that instead of capturing live cobras for worship, their idols or photographs should be used by the devotees during the Nagpanchmai festival, which is celebrated every year in August.

The petition was filed by “Battis-Shirale Gram Sabha” of Sangli district. Villagers of Battis-Shirale catch live cobras from the forests during Nagpanchmi and worship the reptiles before leaving them back in their natural habitat.

The court also ordered formation of a committee to create an awareness among the people about protecting wildlife and framing a policy on the issue. The Collector of Sangli and Superintendent of Police shall be members of the committee, which has been asked to submit a report by August 31.

Counsel for Battis-Shirale Gram Sabha, J Shekhar, argued that capturing snakes is a socio-religious ceremony under the Hindu law. Therefore, Wildlife Protection Act interfered with articles 25 and 26 of the Indian Constitution which gives right to citizens to practice religion, activities and ceremony.

However, the High Court said that capturing live snakes and subsequently releasing them would cause them harm and was against the law. Under the Constitution, the citizens were duty bound to protect creatures, the bench observed.

HC to Gujarat state: Provide BPL cards to 1.45 lakh applicants
http://www.business-standard.com/article/pti-stories/hc-to-gujarat-state-provide-bpl-cards-to-1-45-lakh-applicants-114071501150_1.html
Press Trust of India | Ahmedabad
July 15, 2014 Last Updated at 19:39 IST
The Gujarat High Court directed the Gujarat state government here today, to provide below poverty line (BPL) cards to 1.45 lakh applicants from Junagadh district, after processing their applications within two months, in response to a public interest litigation (PIL).

The two-judge Gujarat High Court bench of Chief JusticeBhaskar Bhattacharya and Justice J B Pardiwala directed the state government to process all the application and provide BPL cards to them.

The court gave this order after hearing a PIL filed by aCongress MLA Jawahar Chavda from Manavadar constituency, in March this year.

However, the high court did not accept allegations by the petitioner that Gujarat Chief Minister Anandi Patel allegedly gave oral instructions not to process applications or forms submitted through Chavda.

The high court also did not heed the Chavda’s demand to probe denial of BPL cards to poor people and to fix the responsibility for doing so, on Gujarat government authorities.

Earlier, the Gujarat state government had submitted before the high court that the Anandi Patel, who was then revenue minister did not give any oral direction to any official in connection with the BPL card issue.

The petitioner had submitted that 1.45 lakh applications were filed through Chavda on behalf of people from Socially and Economically Backward Classes (SEBC) in 2012.

“Applications and forms were submitted to get benefits from several Gujarat state government and central government housing schemes. However, despite making several representations to various authorities, no respite was offered to the poor people,” Chavda’s PIL said.

HC notice to Centre, MCI on plea against nomination of members
http://articles.economictimes.indiatimes.com/2014-07-15/news/51542378_1_hc-notice-ccim-indian-medicine
PTI Jul 15, 2014, 01.41AM IST
MADURAI: The Madurai Bench of Madras High Court today ordered a notice to the central government, the Central Council of Indian Medicine (CCIM) and others on a plea seeking to reconsider the nomination of 42 persons as members of the CCIM, the Medical Council of India and the Central Council of Homeopathy.

HC seeks timeframe for submitting forensic reports
http://www.hindustantimes.com/punjab/chandigarh/hc-seeks-timeframe-for-submitting-forensic-reports/article1-1240546.aspx
HT Correspondent, Hindustan Times Chandigarh, July 15, 2014
First Published: 15:26 IST(15/7/2014) | Last Updated: 15:34 IST(15/7/2014)
The Punjab and Haryana high court has directed the Chandigarh administration to inform as to how much time would be required by the central forensic science laboratory, Sector 36, to submit forensic reports if Punjab and Haryana authorities analyse their samples on their own.
The directions came from the division bench comprising chief justice Sanjay Kishan Kaul and justice Ajay Tewari on Friday. The orders came when in an ongoing case Prerna Puri, additional secretary of home department, Chandigarh, informed the court that due to work pressure from the neighbouring states delay was caused in obtaining forensic reports from the laboratory.
The officer submitted that on an average it took five to six months’ time in preparation and finalisation of the forensic report from the laboratory. According to the data submitted by Puri, the laboratory in some cases even took more than an year’s time to submit its report.
Puri also advocated the need for improvement of infrastructure in the laboratory to cater to the requirements of Chandigarh administration in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The high court had taken suo motu notice of lack of sufficient forensic science laboratories in Punjab, Haryana and Chandigarh because of which undertrials under the NDPS Act were languishing for years in jails. The case will now come up for hearing on July 16

HC judge watches video of speech by Trinamool MLA
http://www.thehindu.com/news/cities/kolkata/hc-judge-watches-video-of-speech-by-trinamool-mla/article6212556.ece?homepage=true

SPECIAL CORRESPONDENT
“Why did it take such a long time for the police to file the charge sheet?”
A Judge at the Calcutta High Court watched on Monday the video footage of Trinamool Congress MLA Monirul Islam where he is seen threatening a local Congress leader and admitting that he had crushed three other persons to death.
Hearing a petition demanding a probe by the Central Bureau of Investigation into the murder of three brothers at Labhpur in Birbhum district in 2010, Justice Dipankar Datta directed that the controversial video footage where Mr. Islam is seen admitting these crimes be played in his chamber. Justice Dutta watched the video in presence of counsel of both sides and the investigating officer in the case.
“Bapi Dutta, it would not even take me a minute to behead you,” Mr. Islam was seen saying in a video footage that came to fore in July 2013 before the panchayat elections in the State. In the video, he has also admitted to having ‘crushed under his feet three people who had indulged in atrocities against women’.
The family members of the three victims moved the High Court after the charge sheet filed by the State police did not name Mr. Islam, though the incident occurred at his residence. The charge sheet was submitted a few weeks ago.
During the proceedings, Justice Datta asked why it took such a long time for the police to file the charge sheet. He also pointed out that it was the duty of the State to ensure that the three citizens got justice.

Labhpur: HC admits CBI probe plea
http://timesofindia.indiatimes.com/City/Kolkata/Labhpur-HC-admits-CBI-probe-plea/articleshow/38449420.cms
TNN | Jul 16, 2014, 03.26 AM IST
KOLKATA: Calcutta high court on Tuesday admitted a petition seeking CBI inquiry into the murder of three CPM supporters at Birbhum’s Labhpur in 2010, for which the victim family accused local Trinamool Congress MLA Manirul Islam.

Justice Dipankar Datta on Tuesday directed the state to file an affidavit by August 1 after questioning the investigating officer in camera (behind closed doors). The judge asked outsiders and the media to move out of the courtroom at the insistence of government lawyer Samrat Sen and heard the investigating officer in his chamber. The court took a similar stance while hearing a petition over the inheritance of matinee idol Uttam Kumar’s property.

The bone of contention was the Bengali transcript of the recorded video clippings of a public speech by Manirul Islam at Sainthia on July 23, 2013, where he allegedly claimed to have “crushed three under his feet”. Justice Datta handed over the clippings along with the transcript to the government lawyer and said: “Are you disputing it?”

The lawyer instead asked the judge if the transcript was a correct representation of the video recording. Saying so, he pointed to four lines of the transcript to place the reported portion in context. The four lines that the lawyer pointed out bore out how a woman was tortured in Labhpur.

Justice Datta then wanted to interrogate the investigating officer who was present in the courtroom. At this, the government lawyer pleaded that the judge should take it up in his chamber instead of the courtroom. Government lawyer Samrat Sen submitted that outsiders (including the media) may make a mountain out of molehill the next day, resulting in embarrassment of the government. The judge accepted the lawyer’s plea and held the interrogation in camera.

Petitioner’s lawyer Subrata Mukhopadhyay said the court directed the state to file the affidavit clarifying Manirul Islam’s speech and the reasons why the state doesn’t want a CBI inquiry.

The Birbhum police dropped the Trinamool MLA’s name from the chargesheet of the Labhpur murder case apparently based on a confidential magisterial statement by the victim’s brother saying that Manirul is not responsible for the murder. However, later he complained to the Birbhum SP that he made the statement under pressure. Local Trinamool leaders had allegedly threatened him with dire consequences against naming Manirul.

When the court proceedings were on, a Left Front delegation was meeting the victim family in Bunedangal village. Surjya Kanta Mishra later told mediapersons: “The prime accused is found sitting next to the chief minister, the home secretary and the DGP on the dais. Police are afraid to take action against Islam; his name has been dropped from the chargesheet. All these cannot happen without the support of the chief minister. I don’t know if the home secretary and the DGP have any self-respect. The victims’ family members are being continuously threatened. An FIR should be lodged against every incident of threat. We shall write to the district SP and others concerned. If there’s no result, we will move court.”

Apart from Mishra, former Bolpur MP Ramchandra Dome and Nalhati MLA Dipak Chatterjee met the family members. The victims’ mother Jarina Bibi and other family members told Mishra that they were being threatened and felt insecure.

Manirul Islam had shifted to Trinamool from Forward Bloc before that incident. According to local sources, there was a long-standing dispute over the control of the ‘balighat’ (sand-collecting point of the local river), which led to the murders. Though Manirul Islam was arrested in November 2010, he was released on bail because the police failed to frame charges against him within the stipulated period. The Left was in power then.

Dome said: “It is true that Manirul Islam was granted bail because the chargesheet was not submitted within three months of his arrest. The delay was not political. There might have been some technical reason for which police could not file the chargesheet. But now, the delay is completely political.”

HC asks Centre to solve anomaly over waitlisted ticket holders
http://www.business-standard.com/article/pti-stories/hc-asks-centre-to-solve-anomaly-over-waitlisted-ticket-holders-114071501230_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 20:29 IST
The Delhi High Court today asked the Railways Ministry to resolve alleged anomaly which allows waitlisted ticket holders, who purchase them from counters, to board a train while denies the same to waitlisted e-ticket holders.

A waitlisted ticket, purchased from counters, allows a person to board a train even if it remains unconfirmed while the waitlisted e-ticket gets cancelled automatically, the plea had said.

“We direct the Railways to consider within a period of six months from today, the matter in the perspective…And to devise ways and means for preventing the practise, if any, in vogue of the touts/unscrupulous elements for their own gain blocking the seats/berths by making reservation therefor in bogus names and then making such seats/berths available to bonafide passengers willing to pay premium, by allowing them to board the train on the basis of wait-listed tickets in physical form and occupy the seats/berths of the bogus reservation,” the court said.

The court, which did not find it “discriminatory”, also suggested a solution to this problem by asking the Ministry to provide an option to an e-ticket purchaser as to whether he wants his ticket to be cancelled or not in the event of its non-confirmation.

“One suggestion which comes to our mind is to give an option to passengers purchasing e-ticket to not have their tickets cancelled automatically at the time of preparation of the final chart before departure of the train …,” it said.

The bench did not agree with the plea that the system was discriminatory saying “in our opinion, the mere fact that the passenger holding a ticket in the physical form is entitled to take such a chance even though not entitled under the Rules & Regulations to do so would not make out a case for discrimination.

“Such possibility has emerged from the difference in the nature of e-ticket and ticket in the physical form. No case of discrimination can be said to have been made out.

HC raps woman doctor for meeting examiner after entrance exam
http://www.business-standard.com/article/pti-stories/hc-raps-woman-doctor-for-meeting-examiner-after-entrance-exam-114071501257_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 20:48 IST
The Delhi High Court today pulled up a woman doctor of Safadarjung Hospital for allegedly meeting her examiner after giving an entrance exam for post-graduation in medical science from Vardhman Mahavir Medical College here.

The doctor, who had moved the court alleging bias by her professors in marking her, found herself on the receiving end with the bench of Justice Manmohan restraining her from speaking to the examiner in future with regard to her performance before, during and after the examination, saying she could be dismissed from the course if she does so again.

“You are not supposed to meet the examiner. Who gave you the permission? The student has no right to approach. Please understand where are you going. It’s a zero tolerance area. Tomorrow you will meet the judge and ask about the cases,” the court said.

The court made the remarks while hearing a plea filed by the doctor, appearing for her doctor of medicine (MD) entrance exam from Vardhman Mahavir Medical College under Safdarjang Hospital here, alleging that the department head and the professors were biased against her and were deliberately giving her less marks in the practicals.

She, through her counsel, submitted that she and her father had made a video recording in which the concerned professor had informed them that she did well in her practicals.

“The action of the professors are politically motivated against the interests of the student. She has been failed by the professor deliberately in order to cover up their misdeed and act of vengeance,” the doctor’s counsel told the court.

However, advocate Sumeet Pushkarna, who appeared for the Centre and the hospital, opposed the doctor’s contention and said the woman’s act is absolutely wrong and also questioned how she can make such type of a video recording.

“The petition is based on bias. It’s not maintainable,” Pushkarna contended.

HC directs Chief Educational Officer to file report
http://www.business-standard.com/article/current-affairs/hc-directs-chief-educational-officer-to-file-report-114071500968_1.html
The petitioner P Sangeetha in her petition said another teacher Girija was transferred to Tiruppalai in her place
Press Trust of India | Madurai
July 15, 2014 Last Updated at 18:40 IST
The Madras High Court today directed the Chief Education Officer here to file a report on the allegations made by a teacher, who was transferred from Sivaganga district to Tiruppalai, that the officials had hidden facts to the court by claiming that she did not join the new school even after one month of her transfer.

The petitioner P Sangeetha in her petition said another teacher Girija was transferred to Tiruppalai in her place.

The Chief Education Officer (CEO) told the court that she did not know why Girija, who did not participate in the counselling, was transferred to Tiruppalai school when Sangeetha had been transferred as per Government Order after she participated in the counselling.

Sangeetha submitted that the transfer order was passed in her favour on Jully 24, 2012 in the counselling. The CEO of Madurai suppressed all the facts regarding the transfer to the court, she contended.

She contended that the Madurai CEO said that the transfer order would be communicated to the CEO of Sivaganga for relieving her from Puzhithipatti school. But he did not convey the transfer order to the Sivaganga CEO. This had been confirmed by Sivaganga CEO and also the Headmaster of the school where she was working, the petitioner said.

She said the CEO of Madurai was not correct when she said that she did not join the Tiruppalai school till August 22, 2012.

She was not relieved from Puzhipatti.

Justice S Nagamuthu refused to accept the statement of the CEO that she was new to Madurai and asked the CEO office superintendent if he did not know the truth behind the sudden transfer of another person.

The Judge directed the CEO to consult the Director and Joint Director and file a report tommorow. The judge said officials had violated the Government Order which said transfer should be done only for those who participated in the counselling.

HC ire over late FIR in pregnant woman’s assault
http://timesofindia.indiatimes.com/city/mumbai/HC-ire-over-late-FIR-in-pregnant-womans-assault/articleshow/38438957.cms
Rosy Sequeira,TNN | Jul 15, 2014, 10.47 PM IST
MUMBAI: The Bombay HC on Tuesday rapped the police for delay in registering the complaint of a pregnant woman who was allegedly assaulted by her husband’s cousins.

Justice V M Kanade and Justice P D Kode heard a plea by Bandra (E) resident Afreen Sandole seeking direction to the police to add sections, including 307 (attempt to murder) and file a chargesheet against her husband’s four cousins. Cops applied sections, including voluntarily causing hurt with a weapon and intentional insult to provoke breach of peace.

Sandole’s lawyer Najafiya Shroff said on November 20, 2013, Afreen was kicked on the belly by the accused and her arm slashed. She said Afreen was made to sit all day at the police station. The FIR was lodged in the evening on a senior inspector’s intervention. “A seven months pregnant lady is assaulted and you (police) don’t take any action?” said Justice Kanade.

HC to issue ‘contempt’ notice to collector, CEO
http://freepressjournal.in/hc-to-issue-contempt-notice-to-collector-ceo/
— By FP NEWS SERVICE, July 15, 2014 01:55 am
Ujjain : The Indore bench of High Court (HC) has directed to draw contempt proceedings against Ujjain collector BM Sharma and Ujjain Development Authority chief executive officer Shivendra Singh in connection with construction of Simhastha Fair Authority (SFA) office on a disputed land.
A double bench of the HC comprising Justice Shantanu Kemkar and Moolchand Garg on Monday heard a contempt case (546/2014) pleaded by counsel PK Saxena and LR Bhatnagar on behalf of Manthan Parmarthik Sanstha president Bakirali Rangwala. The bench heard the question of admission of the contempt case. In its order, the HC said, “Issue notice to the respondents to show cause as to why contempt proceedings be not initiated against them”.
According to Rangwala, the HC also heard an interim application (6341/2014) and directed to issue notice to the respondents. In addition, the petitioner was also permitted to serve ‘humdast’ notice on the respondents and fixed July 30 as the next date for hearing. According to the petitioner, on November 18, 2013, the respondents had given an undertaking to the HC that they would take permission to construct the SFA office under Section 27 of the Town and Country Planning Act.
Rangwala further informed that the HC had allowed the respondents to take permission for the construction of the office under the said provision within a month from the State government and till then the constriction work was stayed. But, the respondents got the permission under Section 23 (A) of the Act violating their undertaking. The petitioner further said that as per the Master Plan, the land in question is reserved for a garden and its land use cannot be changed.

HC notice to Chandumajra on plea seeking disqualification
http://www.hindustantimes.com/punjab/chandigarh/hc-notice-to-chandumajra-on-plea-seeking-disqualification/article1-1240775.aspx
HT Correspondent, Hindustan Times Chandigarh, July 15, 2014
First Published: 23:11 IST(15/7/2014) | Last Updated: 23:14 IST(15/7/2014)
The Punjab and Haryana high court on Tuesday issued a notice of motion to Shiromani Akali Dal (SAD) member of Parliament (MP) from Anandpur Sahib Prem Singh Chandumajra on an election petition seeking his disqualification on the grounds of issuing election advertisements on television channels seeking votes in the name of religion and not declaring the exact amount spent on advertisements.
Rupnagar resident Harbhag Singh has challenged Chandumajra’s election, on which the court has directed the latter to file his reply by August 27. The petitioner alleged that Chandumajra had shown an amount of Rs. 58.69 lakh only as his election expenditure but had not included Rs. 8 lakh spent on advertisements.
The petitioner has alleged that Chandumajra released advertisements by using religious symbols, Sikh religious places and the national flag to appeal to Sikh voters of Anandpur Sahib parliamentary constituency to vote for him in the name of religion.
As per the allegations, advertisements were aired on some TV channels repeatedly during the election campaign, right from the filing of nomination papers on April 7 till the end of the campaign on April 28. It has been alleged that Chandumajra committed a corrupt practice as defined under Section 123 (3) of the Representation of the People Act, 1951, and should be disqualified as an MP.

HC takes up four poll petitions, issues notices to respondents
http://www.business-standard.com/article/pti-stories/hc-takes-up-four-poll-petitions-issues-notices-to-respondents-114071501329_1.html
Press Trust of India | Cuttack
July 15, 2014 Last Updated at 21:37 IST
Taking up four election petitions for adjudication, the OrissaHigh Court today issued notices to opposite parties and decided that the next hearing would be held in the first week of August.

Two separate single judge benches took up the petitions that challenged the elections results of Rengali, Bijepur, Bhawanipatna and Jharsuguda assembly constituencies declared on May 16.

While Justice Debabrata Dash issued notices to the respondents in the petitions filed by Rengali BJP leader Nauri Nayak, Bijepur BJD leader and former minister Prasanna Acharya and Bhawanipatna Congress leader Dushmant Naik, the bench of Justice S K Mishra issued notices to the respondents in Jharsuguda BJD leader Kishore Mohanty’s petition.

The respondents were asked to file their counter affidavits within three weeks.

BJP leader Nauri Nayak lost the elections by 1830 votes to BJD’s Ramesh Patua in a nine-corner contest in Rengali.

Senior BJD leader Prasanna Achrya challenged the election of Congress’ Subal Sahu in Bijepur segment.

Senior BJD leader Kishore Mohanty challenged the election of Congress’ Naba Das from Jharsuguda segment where Mohanty lost to Das by a margin of 1563 votes in a nine-corner contest.

In the petition pertaining to the election results of Bhawanipatna segment, Congress’ Dushmant Naik challenged the victory of BJD’s Anam Naik.

West Bengal files affidavit against SEC’s poll writ
http://timesofindia.indiatimes.com/City/Kolkata/West-Bengal-files-affidavit-against-SECs-poll-writ/articleshow/38449251.cms
TNN | Jul 16, 2014, 03.22 AM IST
KOLKATA: The state government on Tuesday filed its affidavit in Calcutta high court against the State Election Commission’s (SEC) writ on the municipal polls. The SEC had sought an order to direct the state to hold the elections in 17 municipalities by July 31, 2014.

In the affidavit filed in the court of Justice Soumitra Pal, the state described that the SEC petition was not maintainable. Special secretary, municipal affairs, B Patra, affirmed the affidavit saying that the constitution had vested powers in the concerned state government to fix the date for civic polls. The SEC can only conduct the election.

The crux of the state’s affidavit said that the rearrangement of certain municipalities, the tenures of which will expire by July 31, will take time. The process of reconstitution of certain municipal corporations have been started, which will also take some time. Above all, the monsoon is in full swing and so the election of those municipalities and corporations cannot be held soon.

The government affidavit also stated that due to Lok Sabha polls, all development work of municipalities had been totally stopped, causing great difficulty to citizens. It argued that the state is always duty bound to conduct civic polls, but it also has to maintain equilibrium regarding its duty to ensure uninterrupted development of the state. And hence, the civic polls should be held only after this process of restructuring of the municipalities and corporations are over, it stated.

The affidavit also cited the case of Siliguri municipality for which an administrator was appointed when its term got over in 2004 because the elections were delayed.

During Tuesday’s hearing, SEC’s counsel L C Bihani and Amrita Pande pointed out that in 2009, Lok Sabha polls were held in April-May and the civic polls were held in June-July. So, the Lok Sabha election should not be a grounds for not holding the civic polls, they argued. The hearing will continue.

Chhattisgarh probes fake SC order staying transfer of doctors
http://timesofindia.indiatimes.com/city/raipur/Chhattisgarh-probes-fake-SC-order-staying-transfer-of-doctors/articleshow/38415167.cms
Anuja Jaiswal,TNN | Jul 15, 2014, 12.21 PM IST
RAIPUR: An ostensibly fake Supreme Court order, received by post at the Dr BR Ambedkar Medical College, Raipur, staying recent transfer of 41 doctors by the Chhattisgarh government has caused a flutter in the state.

Government is verifying credibility of the order that is full of spelling mistakes.

Order, purportedly issued by Justice H L Dattu, does not even have the names of the respondents on it. Even the word “Supreme Court” has been spelled as “Supirime Court” on the order copy.

The writ petition number, 5165/2014, mentioned in the fake order, is non-existent and there is no record of it on the apex court’s website. The website also has no reference to the so-called judgement of Justice Dattu, which was purportedly delivered on July 4. Interestingly while writ petitions in the apex court are classified as criminal or civil, the fake order refers to the writ petition as “service”.

The so-called order, received by the Raipur Medical College on July 7, has names of five doctors — Dr Navin Agarwal, MO Civil hospital, Raigarh, Dr Abdul Wasim, MO, Dr Bhimrao Ambedkar Smriti Chikitsalaya, Raipur, Dr DK Tandon, MO, Dr Bhimrao Ambedkar Smriti Chikitsalaya, Raipur, Dr Anusuiya Datta, MO, Dr Bhimrao Ambedkar Smriti Chikitsalaya, Raipur, and Dr Shashank Kumar Gupta, MO, PHC, Surajpur — as the petitioners. Three of these doctors — Dr Abdul Wasim, Dr DK Tandon, Dr Anusuiya Datta — were transferred from Raipur Medical College in the reshuffle effected by the Health Department on June 30.

The so-called fake order, which names one Sudhir Gupta, as the counsel for the petitioners, dubs the June 30 transfer orders of the “41 petitioners” as being “against the guidelines of the Chhattisgarh government” and directs the respondents to cancel the same and maintain “status quo”.

Interestingly, the fake order also refers to an Oct 27, 2009 directive of the Bilaspur High Court. The reference isn’t very clear, as it is full of grammatical errors and incorrect English. It reads, “The order DT 27.10.2009 which is passed by Chhattisgarh high court, Bilaspur, directed to the respondents to stop acting head to give promotion, upgrade salary. The court ordered to the respondents to cancel the order DT 30/6/2014 and maintained status quo by the parties. The court also ordered to the respondents to stop acting head, to give promotion, to grant upgrade salary within 3 months from the receipt of this order”.

When contacted, Dr DK Tandon, MO, Dr Bhimrao Ambedkar Smriti Chikitsalaya, Raipur, one of the purported petitioners, told TOI that he had not filed any writ against the transfer orders. “I have conveyed this to the Medical Superintendent too”, he said, expressing surprise at his name being linked to the controversy. Dr Abdul Wasim, so called petitioner also denied having anything to do with the order.

According to Dr A Chandrakar, Dean Raipur Medical College, they had got the so-called order examined from their legal department and they were convinced that it is fake. “We are looking into the matter and have written to the three doctors mentioned as the petitioners to provide the copy of the writ and the order”, he said.

Meanwhile Dr Alok Shukla, Principal Secretary (Health), told TOI that though he was not aware of the matter, it would be certainly looked into. “Action would be taken as it is an attempt to defraud the government”, he said.

“Govt. staff entitled to back wages after getting conviction set aside”
http://www.thehindu.com/news/cities/Madurai/govt-staff-entitled-to-back-wages-after-getting-conviction-set-aside/article6212310.ece
SPECIAL CORRESPONDENT
The judge said it was not fair to deny wages to an employee who was actually prevented from working though he was willing to work.
Government servants, dismissed from service on being convicted by trial courts in criminal cases, are entitled not only to reinstatement in service but also back wages from the date of dismissal if an appellate court sets aside their conviction, the Madras High court Bench here has held.
Justice R. Mahadevan passed the ruling while allowing a writ petition filed by a government high school teacher. Rejecting application of “no work, no pay” principle in such cases, the judge said it was not fair to deny wages to an employee who was actually prevented from working though he was willing to work.
He said the petitioner, A. Rajagopal, was convicted by a Sessions Court here on May 6, 2002 in connection with the suicide of his wife on July 15, 1997 when he was serving as a B.T. Assistant in a school at M. Kallupatti near here. The court sentenced him to five-year rigorous imprisonment.
On September 23, 2003, the Joint Director of School Education passed an order removing him from service on the sole ground that he had been convicted in the criminal case. Meanwhile, the teacher preferred an appeal against his conviction and the High Court acquitted him of all charges on August 14, 2008.
Then he urged the school education authorities to reinstate him in service. But there was no reply. Hence, he filed a writ petition in 2008 and obtained favourable orders. In compliance with the court order, the Joint Director reinstated him in service from February 17, 2009.
However, the petitioner was denied back wages from the date of his dismissal till the date of reinstatement and hence the present writ petition. Mr. Justice Mahadevan directed the officials to disburse the amount to the petitioner within four weeks.

Court seeks details of freezing of APNGO society account
http://www.thehindu.com/news/national/andhra-pradesh/court-seeks-details-of-freezing-of-apngo-society-account/article6214474.ece
LEGAL CORRESPONDENT
Justice Vilas Afzulpurkar of Hyderabad High Court directed the police to respond to the writ petition of filed by APNGO’s mutually aided cooperative housing society challenging the freezing of its bank accounts.
The petitioner society, represented by its secretary N. Chandrasekhar Reddy, filed the writ petition complaining that the functioning of society came to a halt and that they were unable to pay salaries to the staff. The developmental activities in the society too came to a standstill due to non-payment of various bills.
The police had directed the bank to freeze its account based on a complaint lodged by the district cooperative officer.
The society requested the court to direct the police and bank authorities concerned to permit it to operate the account. The judge asked the government pleader to get the details and posted the case to Thursday.

Court turns down cops plea on transfers
http://timesofindia.indiatimes.com/City/Allahabad/Court-turns-down-cops-plea-on-transfers/articleshow/38445259.cms
TNN | Jul 16, 2014, 01.51 AM IST
ALLAHABAD: The Allahabad High Court has dismissed a writ petition filed by a number of constables and head constables working in civil and armed police, who had challenged the order of their transfer on the ground that in view of a GO dated April 18, 2013, they were entitled to be posted in their home district or in adjoining district, as they were going to retire within the next two years.

Dismissing the writ petition filed by Kamal Singh and 21 others, Justice Manoj Kumar Gupta was of the view that at present there is no provision which permits posting of an incumbent near his home district if he is due to retire within next two years and dismissed the writ petition.

Earlier, appearing on behalf of the state government, state counsel Piyush Shukla submitted before the court that the transfer order was passed on the basis of GO dated June 7, 2014.

Plea seeks CBCID inquiry against VC
http://timesofindia.indiatimes.com/city/madurai/Plea-seeks-CBCID-inquiry-against-VC/articleshow/38409352.cms
TNN | Jul 15, 2014, 10.06 AM IST
MADURAI: A writ petition has been filed at the Madurai bench of the Madras high court seeking a CB-CID investigation into a complaint against Madurai Kamaraj University (MKU) vice-chancellor Kalyani Mathivanan and others.

A Srinivasan, a retired Tamil professor at the MKU, filed a petition contending that the Nagamalai Pudukottai police on May 16 registered a case against MKU vice-chancellor, registrar Muthumanickam, youth welfare department head Chelladurai, public relation officer Arivazhagan, retired university employee S V K Selvaraj and two hooligans on an attempt to murder complaint he filed on May 16.

“But, the police did not investigate the case properly. Besides, the police are going to close the FIR,” he said.

According to the petitioner, he along with other retired professors and non-teaching staff formed an organization — Save Madurai Kamaraj University Coalition — to fight against corruption and other malpractices at the university.

The organization questioned the corrupt practices in the appointments of teaching and non-teaching staff, which the university did not tolerate, according to the petitioner.

The petitioner said two persons brutally attacked him with deadly weapons on May 16, after the organization had questioned the MKU administration’s malpractices.

“The police are not conducting the investigation properly. They failed to collect call details of the hooligans who were arranged by Selvaraj, the close aid of the VC. Further, I understood that the police are going to close the cases against the varsity persons. If the local police are allowed to continue the investigation, there will not be justice,” the petitioner said.

Hence it is necessary to transfer the case to the CB-CID, he said. Insisting that a representation in this regard was sent to the state’s home secretary, director general of police, superintendent of police and other concerned officials on June 29, the petitioner said that no action was taken so far.

When the matter came up for admission before justice T S Sivagnanam on Monday, the court directed the petitioner to include MKU’s registrar, youth affairs head and public relation officer and others as parties to the case and adjourned the matter.

Law ministry rejects one more judge’s name
http://truthdive.com/2014/07/15/law-ministry-rejects-one-more-judges-name.html
Posted by Ayyappa Prasad on July 15, 2014
New Delhi, July 15 (TruthDive): Law ministry has for the second time rejected a name suggested by the Supreme Court collegium on transfer of High Court judges.
The Law Ministry asked Supreme Court to reconsider its choice of Karnataka High Court judge K L Manjunath to be Chief Justice of Punjab and Haryana High Court. Sources said Ravi Shankar Prasad took the decision in view of an adverse note written by a senior Supreme Court judge, who objected to the move to elevate Manjunath, to the Chief Justice post.
CJI Lodha had consulted the senior judge before preparing the list at the collegiums’ meet. He has sent a written reply to CJI about Manjunath but the collegium had ignored it.
The senior SC judge, who was consulted by Chief Justice of India R M Lodha before the collegium’s meeting, sent a detailed note listing the reasons why he opposed the move. Despite this, while recommending Manjunath’s appointment, the collegium overlooked this adverse note without citing any reasons. The note reached the Law ministry and Prasad consulted the PM and decided to send back Manjunath’s name for reconsideration.
Around nine judges in various High Courts are being transferred or promoted. Manjunath was to replace Chief Justice Sanjay Kishen who is transferred to Madras High Court.
This is the second time that the Law ministry has sent back a choice made by the collegium. Earlier, the government had been in the dock for unilateral separation of ex-Solicitor General Gopal Subramanium from the four names recommended by collegium for appointment as Supreme Court judge.
Gopal backed out after the Law ministry said that CBI and IB had given adverse remarks. Gopal was amicus curiae in fake encounter case involving Amit Shah. The report led to a CBI probe. CJI who was out of town during the controversy, returned to pull up the Law ministry to avoid unilateral removal of names. The Law ministry stuck to its gun.
Later, Uday Lalit, a senior most lawyer’s name was given by CJI. It was then widely reported that Lalit was counsel for Amit Shah in the encounter case but it turned out that it was Ram Jethmalani who was the lawyer.
Pinky, the lawyer for Gadkari was made Solicitor General. Manjunath as judge in Karnataka while hearing the ISKCON case produced a letter which alleged that he was a devotee of Bangalore ISKCON and received a memento. Manjunath was hearing a plea by ISKCON Mumbai that it was the owner of the Bangalore temple. The Law Ministry has not reacted.

Snatching to be non-bailable offence in state
http://www.hindustantimes.com/punjab/chandigarh/snatching-to-be-non-bailable-offence-in-state/article1-1240475.aspx
HT Correspondent , Hindustan Times Chandigarh, July 15, 2014
First Published: 12:04 IST(15/7/2014) | Last Updated: 12:07 IST(15/7/2014)

Snatching would become a non-bailable offence in Haryana with a higher quantum of punishment after the state assembly passed two Bills on Monday to amend the Indian Penal Code and Code of Criminal Procedure.
As per the Code of Criminal Procedure (Haryana Amendment) Bill, 2014, the quantum of punishment for snatching would now be five years, which may extend to 10 years, along with a fine of Rs.25,000.
In case of snatching with hurt or wrongful restraint or fear of hurt, the quantum of punishment would be 10 years, which may extend to 14 years, and fine of Rs. 25,000. Earlier the quantum of punishment was two years, or with fine, or with both. Also, the trial in these matters will be conducted by a court of sessions.

Food Security Act: Odisha govt accepts eight exclusion criteria
http://www.business-standard.com/article/economy-policy/food-security-act-odisha-govt-accepts-eight-exclusion-criteria-114071501418_1.html
The eight exclusion criteria have been fixed on the basis of socio-economic status schedule prepared by panchayati raj dept
BS Reporter | Bhubaneswar
July 15, 2014 Last Updated at 20:12 IST
Inching closer to the implementation of the National Food Security Act in the state, the Odisha government has given its nod to the eight exclusion criteria considered as the important factors for identification of beneficiaries.

The eight exclusion criteria covers monthly income, income tax payee, persons having four wheelers or two three wheelers, business with TIN (tax payer identification numer), electric consumption above 300 units, any state government or central government employee, persons having tractors, power-tillers, fishing boats or other heavy vehicles, persons having entrepreneurship and professional tax payees.

Based on the criteria, the government has decided to delete all bogus ration card holders and APLs (above poverty line) counted as BPLs (below poverty line) due to erroneous registrations to facilitate streamlining of the process for implementation of the Act in the state.

The eight exclusion criteria have been fixed on the basis of socio-economic status schedule prepared by panchayati raj department. The exclusion will have simultaneous effect of automatic inclusion of persons like beggars, destitute, pension holder widows, particularly vulnerable tribal groups (PTGs) and persons having disabilities of 40 per cent or above. In urban areas, beggars, rag-pickers, domestic workers, street vendors, construction workers, home-based workers and rickshaw pullers among others will be included in the process. The final beneficiary list will be prepared through mapping with the National Population Register and applying the eight exclusion criteria. The Naveen Patnaik led government had recently faced heat in the assembly from the Opposition Congress over delay in implementation of the National Food Security Act in the state.

Raising the issue during the zero hour on last Friday, Leader of Opposition Narsingha Mishra had said, “Though there is a provision under the law that the Act passed in the Parliament need to be implemented in states within one year, the same has not been done within the stipulated time.”

Three-fourths of the state’s population have been denied its Right to Food due to non-implementation of the Act in the stipulated time frame, he rued. The state government has nothing to lose since the central government will supply foodgrains to be distributed among the poor and deserving people, Mishra added. The government clarified that delay in implementation of the Act was due to the general elections and the provision of deletion of the beneficiaries. Accordingly, the government had requested the Centre to extend the time-limit.

Land Act to lose its bite, to give industry back its stride
http://www.financialexpress.com/news/land-act-to-lose-its-bite-to-give-industry-back-its-stride/1270283/0
fe Bureau | New Delhi | Updated: Jul 16 2014, 01:05 IST
With major states including those ruled by parties outside the ruling alliance raising objections to a host of unworkable provisions in the new Land Acquisition Act, the Modi government has put the Act, which came into force just six months ago, under a comprehensive review.
Although there are minor differences among the states on the amendments needed in the Act or the emphasis given to resolution of any particular issue, their proposals nevertheless reflect a broad political consensus on the need to make the Act more investor-friendly. This would make it easier for the government, which is in a minority in the Rajya Sabha, to carry out the amendments.
Even if the Congress, the proponent of the Act, refuses to support the changes, other major parties outside the government like the AIADMK, with 11 members in the Upper House, and the Samajwadi Party, with 10, could come to the rescue of the government. Congress-ruled states including Maharashtra, Assam and Kerala have also sought major relaxations of the consent and social impact assessment (SIA) clauses.
Rural development minister Nitin Gadkari, sources said, has already sent a note to the Prime Minister’s Office (PMO), indicating his view that the law be amended to make land acquisition less cumbersome for industry.
The move, which could gather pace in the next few weeks with inter-party dialogues, could primarily result in a major dilution of the restrictive consent clause for public-private partnership (PPP) projects and limit the mandatory SIA to only projects above an investment threshold.
The idea is to try and make the changes in the current session of Parliament.
A broadening of the “urgency clause” under which land can be acquired compulsorily for the purposes of defence/ national security or in the event of natural calamities is likely. However, it remains to be seen if the states’ demand that they also be allowed to invoke this clause be met. Currently, only the Centre can decide whether a situation demands use of the urgency clause.
The review could also lead to a narrower definition of affected families eligible for rehabilitation and resettlement — for this, the term “primary source of livelihood” could be revised to reduce its scope, sources added.
These industry-friendly relaxations in the land Act, coupled with easing of labour norms for specific sectors could give a boost to the manufacturing and infrastructure sectors that have also received a lot of incentives in the recent Union Budget.
FE on Tuesday reported the plans to relax Mines Act to provide more flexibility to oil companies in deploying workers “on and off” oil blocks and amend the Industrial Disputes Act to make retrenchment of workers in the National Investment Manufacturing Zones easier.
Industry has been up in arms against the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It feels the elaborate requirements of local peoples’ consent stipulated in the law have, for the short period of its existence, proven to be onerous. The new law, Confederation of Indian Industry, has said, jacked up land acquisition cost by three times, rendering projects unviable and thwarting investments.
Uttar Pradesh and Madhya Pradesh, two of the country’s largest states, have asked for doing away with the “consent clause” for PPP projects as the land is taken only for those projects that serve “public purpose”. While Gujarat government has also asked for “re-look” at the consent provisions, Haryana has proposed that either it be abolished or the consent requirement could be only of 50% of the affected people. States such as Chhattisgarh and Kerala too have asked for re-examining the provision.
The Act stipulates mandatory consent of at least 70% of the affected people for acquiring land for PPP projects and 80% for private companies involving projects serving public purpose.
Uttar Pradesh, Gujarat, Chhattisgarh, Karnataka, Madhya Pradesh and Maharashtra have asked for abolition of SIA and public hearing, saying these could lead to delays in industrial projects.
In general, however, states have not opposed the compensation amounts prescribed in the law — double the market value of the land in urban areas and four times in rural areas, although Kerala, being an evenly urbanised state, said the disparity could lead to disputes.
Madhya Pradesh and Kerala have asked for abolition of impact assessment in the case of small projects like road widening, construction of new roads, canals and schools.
States have also asked for scaling down the “retrospective clause”, (which allowed higher compensation for land acquired five years before the implementation of the new Act but compensation hasn’t been paid), saying this could lead to litigation. The provision which stipulates that land acquisition proceeding would lapse in case compensation is not paid or physical possession is not taken should be modified, the states said.

Madras High Court adjourns PIL seeking fishing rights of Indian fishermen in Katchatheevu
http://www.dnaindia.com/india/report-madras-high-court-adjourns-pil-seeking-fishing-rights-of-indian-fishermen-in-katchatheevu-2002467
Tuesday, 15 July 2014 – 9:28pm IST | Place: Chennai | Agency: PTI
The Madras High Court on Tuesday adjourned to August 5 a PIL seeking to direct the Centre and Tamil Nadu governments to establish the traditional rights of fishermen of India for navigatgion and fishing in Katchatheevu.
The first bench, comprising acting Chief Justice Satish K Agnihotri and Justice MM Sundresh, adjourned the case accepting a request from the Centre.
The court also gave liberty to the petitioner, Peter Rayan, President Fisherman Care, Chennai, to file a rejoinder, if any, to the counter filed by the Centre.
In its counter, the Centre submitted Katchatheevu is a sovereign property of Sri Lanka and the 1974 and 1976 agreements between India and Sri Lanka do not confer any fishing rights on fishermen from India. “Under the agreements of 1974 and 1976, Indian fishermen and pilgrims will enjoy access to Katchatheevu and will not be required by Sri Lanka to obtain travel documents or visas for these purposes. The right of access is not to be understood to cover fishing rights around the island to Indian fishermen”, the Centre had said.
The Fisherman Care contended that the agreements had clear provisions for allowing Indian fishermen to fish around the island.
Disputing the claim, the Centre said the boundary between the two countries had already been clearly delineated and it would not allow Indian fishermen to cross over and exploit the marine resources in the waters of another country.
It said the fishermen could rest, dry their nets and attend the annual St Antony’s festival. However, India had continuously emphasized to Sri Lanka that there was no justification for use of force against Indian fishermen even though almost all instances of alleged harassment of fishermen occur in Sri Lankan waters.
Customary rights which were enjoyed from time immemorial cannot be taken away by mere executive instructions, that too without legislative sanction, the petitioner said.

Birla Sun Life-ING deal gets Competition Commission approval
http://www.business-standard.com/article/pti-stories/birla-sun-life-ing-deal-gets-competition-commission-approval-114071501219_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 20:22 IST
Fair trade watchdog CCI has cleared the proposed deal between Birla Sun Life entities and ING in the mutual fundsspace, saying the transaction was unlikely to have an adverse impact on competition.

The deal involves acquisition of the trusteeship, right to manage and administer the schemes of ING Mutual Fund as well as the right to manage portfolio management services accounts of ING Investment Management (India) Pvt Ltd.

The acquirers are Birla Sun Life Trustee Company Pvt Ltd and Birla Sun Life Asset Management Company Ltd. The former is the trustee company of Birla Sun Life MF.

Birla Sun Life Asset Management Company is the asset management firm of Birla Sun Life MF.

Giving its green signal, the Competition Commission of India (CCI) said the proposed combination “is not likely to have an appreciable adverse effect on competition in India”.

“Post combination, the ING Mutual Fund schemes would become schemes of Birla Sun Life Mutual Fund and portfolio management clients of ING AMC will continue as the clients of Birla Sun Life AMC,” the order, dated July 3 and made public today, said.

The total size of the market in terms of the asset under management for all the portfolio management services in India was around Rs 7,68,326 crore at the end of March this year.

“It is observed that the share of the ING Portfolio Management Services in the total AUM is also insignificant. Therefore, the acquisitions of ING entities by the acquirers do not provide any significant addition in the market share of the acquirers,” the order noted.

For the transaction, Birla Sun life Trustee, Birla Sun Life AMC, ING AMC, ING Investment Management Holdings NV and the Board of Trustees of the ING Mutual Fund had entered into a transfer agreement on May 15.

High Court for policy to compensate terror victims’ families
http://www.dnaindia.com/india/report-high-court-for-policy-to-compensate-terror-victims-families-2002365
Tuesday, 15 July 2014 – 6:12pm IST | Place: Mumbai | Agency: PTI
• The Bombay High Court has suggested the Union Government to come out with a policy to adequately compensate families of those killed in terror attacks instead of paying an ex-gratia amount.
The Bombay High Court today suggested the Centre to come out with a policy to adequately compensate families of those killed in terror attacks instead of paying a standard amount by way of ex-gratia. A division bench comprising Justices Abhay Oka and A S Chandurkar asked the Union government to file a fresh affidavit by July 30 detailing steps it intended to take to compensate the victims’ families.
The court’s order came after the Union government, in an affidavit, said it has come out with a circular under which an ex-gratia payment of Rs four lakh would be made to such families. While the Centre would pay Rs three lakh, the remaining would be contributed by the respective state governments.
The bench also asked Advocate General Darius Khambata to appear in the matter to assist the court. The court was hearing a PIL filed by Rajeshwar Panchal, an advocate, who sought a just and fair amount to be given as compensation to the families of people killed in terror attacks. Panchal argued that the income of the deceased, the social status of the family and the number of dependents needed to be taken into account to determine the compensation. He said Motor Vehicles Act and Workmen’s compensation Act laid down a formula to arrive at such a compensation.
The High Court had earlier observed that giving suitable compensation to the victims of terror attacks or blasts is a liability of the state and such relief cannot be ex-gratia (done from a sense of moral obligation rather than because of any legal requirement).
The PIL, while calling for a policy decision on the issue, sought judicial intervention for Protection of Right to Life guaranteed under Article 21 of the Indian Constitution, in relation to victims of terror attacks. The PIL claimed that 724 people had died in terror attacks in Mumbai between the serial blasts in 1993 and triple coordinate explosions on July 13, 2011. It said the victims and their families had failed to get a “just compensation” from the government.
“After every such dreadful and gory terror attack, the ministers concerned condemn the incident. They make empty promises to prevent such incidents and eventually declare some ex-gratia, which is always a tiny amount for the victims and their family members, that too, as if they are obliging the victims,” the PIL stated.
The PIL also urged the HC to declare that Protection of Right to Life and Liberty under Article 21 of the Constitution includes right to a secure life or the right to live with safety.

CBI tells Kerala High Court it is willing to probe child trafficking case
http://www.dnaindia.com/india/report-cbi-tells-kerala-high-court-it-is-willing-to-probe-child-trafficking-case-2002384
Tuesday, 15 July 2014 – 6:37pm IST | Place: Kochi | Agency: PTI
• Central Bureau of Investigation RNA Research & Archives
The CBI on Tuesday informed the Kerala High Court that it is willing to take over the investigation of the case relating to the recent trafficking of 588 children from Jharkhand, Bihar and West Bengal to the state.
The submission in this regard was made by CBI counsel before a division bench, comprising Chief Justice Manjula Chellur and Justice PR Ramachandra Menon. The counsel said that the agency is willing to take up the investigation, considering the vulnerability situation of the children and inter-state ramifications of the case.
The bench, which described as ‘shocking’ the manner in which the young children were brought to kerala, observed that this was the first time CBI was coming forward to take up a case. It also asked the government about the progress of the investigation so far in the case.
“We did not see any progress’, the bench held while considering a PIL, seeking a CBI investigation into the case. The bench did not permit impleading of Association of Orphanages in the case and said ‘we are not against any orphanages and Association was showing over anxiety’.
“When matters relating to juvenile cases come up, the court has to act as guardian. The children are vulnerable and sensitive, who cannot speak for themselves. Somebody should take their responsibility”, the bench said.
The bench also wanted to know if the children have parents and whether they were given voluntarily and if they were solicited from anyone from Kerala.
Meanwhile, Amicus Curiae Devan Ramachandran recommended a detailed investigation in the case and submitted that investigation was required on the aspect of how and why the children were brought to the state. The case will be further considered on Friday.
Over 580 children from Bihar, Jharkhand and West Bengal, meant to be brought to two orphanages in the state, were detained by police at a railway station in Palakkad early in June after it was found many of them did not have any proper documents.
The issue had snowballed into a major row in the state with IUML, the key partner in UDF,taking objection to treating the incident as a case of child trafficking.
Taking serious note of the incident, Kerala State Child Rights Protection Commission had directed the state government to take necessary steps to send the children back home.
The children are now kept at state-run juvenile homes of the Child Welfare Society in Palakkad, Malappuram and Thrissur.

Bombay high court asks Maharashtra government to provide generators in schools during exams
http://www.dnaindia.com/mumbai/report-bombay-high-court-asks-maharashtra-government-to-provide-generators-in-schools-during-exams-2002444
Wednesday, 16 July 2014 – 6:25am IST | Agency: DNA
• Urvi Mahajani
• The Bombay high court has asked the Maharashtra government to provide generators, inverters and solar systems to schools so that students don’t have to write papers in dark due to load shedding.
A division bench of justices Abhay Oka and AS Chandurkar were hearing a contempt petition filed by activist Vishnu Gawli, alleging that the government had not implemented the earlier court orders in 2008, of supplying uninterrupted power supply to schools which conduct HSC and SSC examinations.
In 2008, Gawli had written a letter to the HC, which was converted into a suo moto PIL, highlighting that students were forced to take their exams in the dark.
On February 27, 2009, the HC had directed the government to ensure supply of around 40,000 generators to school conducting examinations. In addition, the court had asked the Maharashtra State Electricity Board (MSEB) to ensure that there is no load shedding at the time of exams.
The HC had asked the authorities concerned – Maharashtra government, Maharashtra Electricity Regulatory Commission (MERC), MSEB and education department – to have a meeting and find a solution.
However, till date none of the authorities have had a meeting following which Gawli had filed a contempt petition in 2009.
Gawli, arguing in person, informed the judges that till date the government has not taken any steps to see that any provisions are made for the students, especially during the exams.
To this Justice Oka observed that the finance department should have taken the necessary steps.
The judges have asked MSEB to file affidavit by August 4.
In 2009, the HC has directed for formation of a committee to conduct surprise checks to ensure that there are backup generators. The HC had clearly stated that the action of those centers, which are not following the order, will be treated as contempt of the court and will accordingly have to face the consequences.
According to affidavit filed in 2009 by Tukaram Supe, the board’s secretary, 287 examination centers have gen-sets or inverters. As many as 2,608 centers are not affected by load shedding, either because there is no power cut in those areas or the centers are airy enough, and have natural light, the affidavit had said.

High Court rules out re-investigation into Shopian case
http://www.greaterkashmir.com/news/2014/Jul/16/high-court-rules-out-re-investigation-into-shopian-case-22.asp
D A RASHID
Srinagar, July 15: The Jammu and Kashmir High Court has ruled out re-investigation on the basis of Jan Commission report into the ‘double rape and murder’ case of Asiya Jan and Neelofar whose bodies were found near Rambiara Nallah in Shopian district of South Kashmir in 2009.
“The very basis of the medical and other evidence, whereupon the Jan Commission had based its findings and conclusions, has been found to be absolutely false in the investigation by the CBI. Therefore, Jan Commission report itself cannot form a basis for this Court to order fresh investigation into the entire episode,” ruled a division bench of Chief Justice M M Kumar and Justice D S Thakur in their 42-page judgment which was reserved for decision in August last year.
“We feel that (since) the investigating agency, the CBI, has completed its investigation and presented the charge-sheet, no further monitoring is required by this Court,” the bench said.
The bench however made it clear that should there be any additional evidence or factor available other than the one on record which has an important bearing in the case, nothing would prevent the trial court in examining the same in accordance with the powers exercisable by it under Section 173(8) of the Criminal Procedure Code.
Citing the CBI investigation, the bench said, the report of the Jan Commission even though not a binding on an investigating agency was based on evidence the substance whereof was shaken by the investigation conducted by the CBI.
“The CBI in its investigation has pointed to the falsification of various post-mortem reports and fudging of evidence by the doctors involved in the post-mortem examination of the two deceased ladies. The slides sent for scientific examination were allegedly fabricated,” the court said.
The victim family had filed the petition through Advocate G N Shaheen pleading that given the dissatisfaction of the family with the earlier investigations, the court should order reinvestigation of the case through an agency comprising officials “whose integrity is above reproach.”
Seeking reinvestigation of the case on the analogy of probe in the Best Bakery Case in which the Supreme Court appointed a Special Investigation Team of the officers of integrity, Shaheen submitted that a SIT of officials of impeccable integrity needs to be constituted to reinvestigate the Shopian case.
Underscoring the need for reinvestigation, the family’s counsel had contended that there are contradictions in the investigations carried out by SIT, CBI and the Commission of Inquiry headed by Justice Muzaffar Jan.
On May 29, 2009, Asiya Jan, 17, and her sister-in-law, Neelofar, 22, had left for their orchard at Degan Batpora village of Shopian, failing to return home in the evening. Next day their bodies were found near Rambiara Nallah. The death triggered massive protests across the Valley following which the government ordered probe by SIT and the Judicial Commission. The CBI took over the case on September 17, 2009.
On December 14, 2009, the CBI concluded death of the two women “due to drowning”, which was in contradiction to the one-man Judicial Commission headed by Justice (retired) Muzaffar Jan. The Commission said it was impossible for someone to drown in water level of knuckle height in the stream—Rambiara Nallah—from the banks of which the bodies were recovered.
The one-man commission of inquiry submitted a 400-page report to the government in which it called for more investigation into the role of forces in the incident.

Delhi High Court seeks records pertaining to land acquisition for metro work
http://www.dnaindia.com/india/report-delhi-high-court-seeks-records-pertaining-to-land-acquisition-for-metro-work-2002398
Tuesday, 15 July 2014 – 7:12pm IST | Place: New Delhi | Agency: PTI
• RNA Research & Archives
The Delhi High Court on Tuesday asked the Land Acquisition Collector (LAC) to produce the records relating to award of compensation payable to residents whose plots have been handed over to DMRC for metro-related construction here in south Delhi.
A bench of justices Badar Durrez Ahmed and Siddharth Mridul issued the direction to LAC after it failed to show that notices were given to the house-owners before handing over their property to Delhi Metro Rail Corporation (DMRC) for Phase-III maintenance depot here.
“In case the record is not availiable before this court, he (LAC) will have to be present in person before this court with proper explanation,” the bench said and posted the matter for August 4.
The court’s direction came on a plea filed by Residents’ Welfare Association of Shram Vihar Abdul Fazal Enclave here, who had alleged land was never acquired in accordance with law nor notices were served to them.
The petitioner-counsel Bahar-u-Barqi contended before the court that compensation has not been paid, by DMRC, DDA or LAC to the recorded owners.
DMRC opposed the petitioner’s contention saying the land was given to them by DDA and LAC has to look into it. DMRC counsel BL Wali contended the court had earlier also directed LAC to produce the record but they failed to do so.
He further stated that the project was supposed to be completed by December and this is the only land we were able to acquire after great difficulties. To which, the court said LAC needs to find out and give them an update as “the fact is that DMRC is on the site”.
“You cannot deprive them (residents) without proper compensation. You (LAC) accquired land, but you have to do it in accordance with law. “This is a public project which is hanging in balance. We cannot allow it to hang for long,” the bench said.
DDA had in December 2012 handed over the land for a depot at Kalindi Kunj in south Delhi on permanent basis for construction of Janakpuri (west) to Botanical Garden corridor (Lines-8) of the DMRC Phase-III project.

Mumbai HC throws out PIL against PSA terminal in JN Port Dismissal of PIL to remove uncertainty around construction of new facility by Singapore’s PSA International at Jawaharlal Nehru Port
http://www.livemint.com/Politics/L6fuRv9fZLX4B9fvS4KyBL/Mumbai-high-court-throws-out-PIL-against-PSA-terminal-in-JN.html
P. Manoj inShare Daily Newsletter
The Bombay high court on Tuesday dismissed a public interest litigation (PIL) seeking to prohibit Singapore’s PSA International Pte Ltd from constructing a new container terminal with an investment of Rs.7,915 crore at Union government-owned Jawaharlal Nehru Port near Mumbai. The dismissal of the petition will remove the uncertainty and potential delays surrounding the construction of the new facility, billed as the biggest single foreign direct investment (FDI) in an Indian port project. “The PIL has been dismissed,” said N.N. Kumar, chairman of JN Port, India’s busiest container gateway. However, a Mumbai-based lawyer familiar with the case said that the petitioner may take the case to the Supreme Court. The petitioner, Mandar Narhari Parab, could not be reached immediately for comment. Through the PIL, the petitioner, a journalist, had sought a court order prohibiting PSA from developing the new facility, as the firm’s failure to fulfil its obligations on winning the same project in an earlier round of auction in 2010 raised the project cost by Rs.1,215 crore. The delay in building the terminal resulted in a loss to JN Port, thereby compromising public interest, according to the PIL. The petitioner contended that PSA should have been black-listed by JN Port and barred from participating in the re-tender because of its failure to abide by the tender conditions in the earlier round. Though, JN Port subsequently encashed the bid security of Rs.67 crore submitted by PSA in the earlier auction for the Rs.6,700 crore project that was designed to load 4.8 million standard containers a year, the petitioner said that this loss for PSA was “minuscule” as compared to the “loss caused to the country in monetary terms as well as opportunity costs”. In its price bid submitted in 2013, PSA has offered a revenue share of 35.79% compared with 50.82% in 2010. “By forfeiting a measly amount of Rs.67 crore, PSA made a huge killing on the re-tendered project,” the petitioner submitted. Hence, awarding the project again to PSA would be “counter-productive and against national interest”, the petitioner contended. “Awarding the contract to PSA would amount to setting a bad precedent whereby bidders would be encouraged to take a chance in respect of submitting bids and walk out with measly forfeiture of bank guarantee and put the exchequer to huge loss as has happened in the present case,” Parab contended in his petition, a copy of which was reviewed by Mint. The petitioner also sought the court’s directive to black-list PSA from submitting a bid on any tender issued by the government and also to initiate legal proceedings against PSA to recover losses incurred by JN Port. When contacted, PSA said it had no comment to offer. In May, PSA International signed a so-called concession agreement with JN Port to build a Rs.7,915 crore container loading facility at the port that handles more than half of India’s container cargo shipped through its ports. The project involves FDI of about Rs.3,100 crore. A concession agreement sets out the terms and conditions of a port contract and puts the project in motion. PSA emerged the highest bidder for the project by quoting the highest revenue share price bid of 35.79%. Port contracts at Union government-controlled ports are decided on the basis of revenue share—the bidder willing to share the most from its annual revenue with the government-owned port gets the contract, typically stretching over 30 years, according to the port privatization policy of the government. PSA International, the world’s biggest container port operator by volumes, is fully-owned by Temasek Holdings Pte Ltd, the sovereign wealth fund of Singapore. PSA handled 61.81 million standard containers in calendar year 2013, according to its website. In October 2012, JN Port withdrew the letter of award given to a consortium led by PSA after the group failed to sign a concession agreement a year after it was awarded the project in September 2011 in a public auction. The consortium of PSA and local firm ABG Ports Ltd was awarded the project after it quoted a then record high revenue share of 50.828% in a public tender. The winning bidder has to sign the concession agreement within 30 days of accepting the letter of award for the project, according to tender conditions. The new project, the fifth at JN Port, is key to the port’s capacity expansion plans, as it will double the container loading capacity of the port and help it position as a hub port on India’s western coast.

Punjab & Haryana High Court to deliver justice over virtual private network
http://economictimes.indiatimes.com/news/politics-and-nation/punjab-haryana-high-court-to-deliver-justice-over-virtual-private-network/articleshow/38452897.cms
By Raghav Ohri, ET Bureau | 16 Jul, 2014, 04.43AM IST
CHANDIGARH: The Punjab and Haryana HC has come up with a novel solution to save time and energy in accessing bulky case files which are crucial for judges to author their rulings.

In a first, the court has obtained a secure virtual private network (VPN) that will enable judges to quickly go through voluminous case records, make footnotes and prepare judgments. Unlike the existing system that requires judges to spend hours in the courtroom sifting through files, they can now access case files by using a hyperlink on their laptops from anywhere.

The network, made available by the National Informatics Centre ( NIC) on a special request of the court, can be accessed only by judges who have been given individual IDs and unique passwords.

The court, in association with a private firm, has already scanned and prepared soft copies of over 10 crore pages and 15 lakh cases. A little over 2.5 lakh cases are pending in the HC, a majority of which have been scanned and stored for easy and quick access.

In its quest to become the first paperless high court in the country, it will set up touch screens in courtrooms, facilitating access to files. Instead of pencils, judges will use a stylus to prepare notes. The court has purchased 10 monitors measuring 32 inches, two of which will be used for training purposes.

The court has now decided to launch e-filing of petitions by next month. Justice Hemant Gupta, a senior judge who was instrumental in making the changes, has asked lawyers to start e-filing for all categories of cases from July 15.

Supreme Court reserves verdict on issue of review of death sentences
http://www.dnaindia.com/india/report-supreme-court-reserves-verdict-on-issue-of-review-of-death-sentences-2002458
Tuesday, 15 July 2014 – 9:17pm IST | Agency: PTI
The Supreme Court today reserved its verdict on a plea challenging the apex court rule which comes in the way of allowing open court oral hearing for re-examining its verdict on death sentence through review petition.
The issue was examined by a five-judge Constitution Bench headed by Chief Justice RM Lodha which will also pronounce its verdict whether the appeal in the cases of death sentence should be adjudicated by three-judge bench or should be referred to five judge-bench.
The court was hearing a batch of petitions in which these issues are raised by some condemned prisoners including Lashkar-e-Taiba (LeT) terrorist Mohammed Arif alias Ashfaq, who is facing the gallows for his involvement in the 2000 Red Fort attack case in which three people, including two Army jawans, were killed.
The common issues have also been raised by death row convict in the 1993 Mumbai blast case – Yakub Abdul Razak Memon and three such convicts Muniappan, Nedunchezhian and Ravindran in the Dharmapuri bus burning incident of Tamil Nadu, in which three college girls were killed.
Solicitor General Ranjit Kumar submitted that there was no need to tinker with the constitutionality of Order 40, Rule 3 of the Supreme Court which deals with adjudication of Review Petition through circulation in death penalty cases.
He said that allowing oral hearing in open court would lead to rehearing of the case and further it would amount to an appeal of the verdict of the apex court itself.
“The exercise of review jurisdiction is not the exercise of the appeallate jurisdiction. Review petitions only concerns relook matter,” he told the bench also comprising justices JS Khehar, J Chelameswar, AK Sikri, and RF Nariman.
The law officer said there should be a finality to a case which is decided after continuous judicial application of mind from the trial court to High Court and then finally in the Supreme Court.
He also said there was no need to refer the appeal in death penalty matters to five-judges bench.

Supreme Court allows Yes Bank plea but refuses stay on HC proceedings
http://www.livemint.com/Companies/X68kOmcQ5eCqUQpvH6HnMK/Yes-Bank-challenges-Bombay-high-court-order-in-Supreme-Court.html
The firm is challenging a order on the maintainability of a suit filed by Madhu Kapur, widow of Yes Bank co-founder Joel Rebello | Khushboo Narayan
Yes Bank Ltd on Tuesday approached the Supreme Court challenging an order by a two-judge bench of the Bombay high court on the maintainability of a suit filed by Madhu Kapur, the widow of Yes Bank co-founder Ashok Kapur. The Supreme Court admitted the bank’s plea and has scheduled a hearing in January 2015, Yes Bank said in an emailed statement on Tuesday. But the court declined to stay the ongoing proceedings in the Bombay high court. “Yes Bank had filed a statement before the court to demonstrate that the valuation of the shares held by the Late Mr. Ashok Kapur’s family has increased manifolds and the original investment of Rs.52 crores today has increased to Rs.2,450 crores. The Hon’ble Supreme Court has found merit in the contention of Yes Bank and has listed the matter in January, 2015 to examine it in further detail,” the bank said in an emailed statement. Yes Bank was represented by senior counsels Kapil Sibal, Abhishek Singhvi and Soli Cooper in the apex court. The lender is a respondent in a year-old case in the Bombay high court filed by Madhu Kapur. The next hearing of the case in the Bombay high court is on 23 July. Madhu Kapur and her family took Rana Kapoor and Yes Bank to court in June 2013, demanding the right to nominate a director to the bank’s board, citing the articles of association of the bank. Shagun Kapur Gogia, the daughter of Madhu Kapur, declined to comment on the development. Yes Bank’s contention has been that since the directors of the bank were elected by shareholders and under section 10 A (6) of the Banking Regulation Act, the court had no jurisdiction to hear the plea —which was struck down first by a single judge and then by a two-judge bench. On 9 May, the two-judge bench of the Bombay high court said that it had jurisdiction to hear the case. Madhu Kapur holds an 11.91% stake in the bank, while Rana Kapoor, directly and through other family-owned ventures, holds a 13.64% stake, according to the shareholding pattern of the bank as of 31 March. Shares of Yes Bank rose 1.57% to close at Rs.532.15 on Tuesday on BSE, while the exchange’s benchmark Sensex gained 0.89% to 25,228.65 points and the banking index, Bankex, gained 2.76% to close at 17,053.82 points.

Vigilance charge-sheets JE in bribe case
http://www.greaterkashmir.com/news/2014/Jul/16/vigilance-charge-sheets-je-in-bribe-case-38.asp
Srinagar, July 15: Vigilance organization has produced charge-sheet against a junior engineer before a sessions court Baramulla in a bribe case. A junior engineer Abdul Rashid Hajam Was booked under prevention of corruption act in 2012 after he was caught accepting bribe of Rs 5000 from a complainant for processing bill against the work executed by him.
Hajam was then posted as JE in R&B, Special Sub Division (SSD) Uri.
After completing charge-sheet, the vigilance charge-sheeted the JE in the Court of Addl District & Sessions Judge Baramulla after procuring sanction for his Prosecution from the competent authority.

Court lets off three in fake currency case in Muzaffarnagar
http://www.dnaindia.com/india/report-court-lets-off-three-in-fake-currency-case-in-muzaffarnagar-2002273
Tuesday, 15 July 2014 – 1:33pm IST | Place: Mumbai | Agency: PTI
• RNA Research & Archives
Three persons, who were accused of supplying fake currency notes, were acquitted of the charge by a local court here as it was found that most of the cash seized from their possession was real.
The court of Additional District Sessions Judge Mayank Chouhan yesterday acquitted Ibrahim, Shamim and Israeel.
The seized notes were sent to Kanpur branch of Reserve Bank of India which in its report has said that the currency amounting Rs 80,000 was real while the remaining notes of face value Rs 1,000 were fake.
The three had been arrested with the currency notes from Khatoli town on June 28, 1999, the prosecution said.
It was on the request of the three accused that the court directed the currency notes to be sent for examination to RBI’s Kanpur branch. In their plea, they also accused the police of falsely implicating them.

Family to pay Rs 50L for not producing 100 kg ivory articles
http://www.business-standard.com/article/pti-stories/family-to-pay-rs-50l-for-not-producing-100-kg-ivory-articles-114071500324_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 12:19 ISTA Delhi court has upheld the order of a magisterial court imposing a penalty of Rs 50 lakh on a family, facing proceedings in a wildlife case, for failing to produce over 100 kg of ivory articles before it.

Special CBI Judge J P S Malik, while upholding the January 2014 order of the trial court, also allowed the Wildlife inspector to adduce evidence estimating the market price of the property (ivory articles) during the trial, so that the remaining amount may be recovered from the accused persons for causing alleged disappearance of the items.

The sessions court was hearing an appeal filed by Delhi residents, R K Jain, his wife Sarita and mother Sushila against a trial court order directing them to pay Rs 50 lakh for failing to produce before it the large quantity of ivory articles, allegedly recovered from their residence in 1999.

“The impugned order passed by trial court in the matter suffers from no legal infirmity or illegality, as the trial court was left with the only option to ensure the production of the case property (ivory) before it to facilitate the continuation of the proceedings in the matter,” the special judge said.

The family had told the court that in May 1999, a debt recovery officer had visited Jain’s house in Darya Ganj here to carry out attachment proceedings as his father was part of a firm which had failed to repay credit facilities to a bank.

During the visit, the officer had allegedly found ivory articles and seized them. Jains claimed it all happened in their absence and they denied having any such articles.

As per the complaint filed by the wildlife inspector, the articles were released to the family by the presiding officer of the debt recovery tribunal on ‘Superdari’.

The inspector in his complaint alleged that the family members were in possession of ivory articles without licence.

As per the complaint, Sushila Jain was sent a memo asking her to produce the legal source of the ivory articles released to them and a licence to keep them, but she failed to reply.

It was also prayed in the complaint that the ivory articles involved in the case be produced before the court.

The appellants contended before the sessions court that they never possessed any such property and they had not received any ivory articles on ‘Superdari’.

After the family members failed to produce the released ivory articles before it, the trial court had imposed Rs 50 lakh penalty on Jains.

The trial court had noted that in their application seeking quashing of the complaint in 2004, Jains had admitted their possession of the ivory articles having been received pursuant to the order of the debt recovery tribunal.

Bank manager to pay Rs 10,000 monthly maintenance to minor son
http://www.business-standard.com/article/pti-stories/bank-manager-to-pay-rs-10-000-monthly-maintenance-to-minor-son-114071500428_1.html
Press Trust of India | New Delhi
July 15, 2014 Last Updated at 13:39 IST
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A bank manager has been directed by a Delhi court to pay Rs 10,000 per month as maintenance to his minor son, who has been living with his estranged wife.

Additional Sessions Judge Anil Kumar dismissed the man’s appeal filed against a magisterial court order directing him to pay the amount to his son, who is nearly three-year-old.

“Keeping in view status of the parties and monthly and annual income of the man, I am of the opinion that interim maintenance granted by the trial court to the minor cannot be said to be excessive.

“There is no infirmity or irregularity or illegality in the order passed by the trial court for grant of interim maintenance to the minor. Hence, the order of August 31, 2013 qua the minor is upheld,” the judge said, adding that the man’s appeal was without any merits.

While upholding the maintenance amount, the court noted that the man, who was a manager at Reserve Bank of India, was earning more than Rs 53,000 per month.

The court also disposed of the appeal of the woman who was denied alimony by the trial court on the ground that she was employed and was earning.

The sessions court said the order of the trial court was a non speaking order regarding the woman’s plea for alimony and remanded the case back to the magistrate with a direction to decide the interim maintenance application.

The man, a resident of Vaishali in Ghaziabad, said in his appeal that his aged parents are dependent on him and he has to give them Rs 10,000 per month and it is the joint liability of his and his estranged wife to take care of their minor son.

The woman, a resident of Dwarka, had said in her plea that that she had got married to the man in January 2011 and huge amount was spent by her parents on her marriage.

She had said her in-laws used to taunt her and when she became pregnant, her husband refused to take care of her and was ill-treated by them. She had left her matrimonial house during her pregnancy itself and has been residing with her son at her parental house, she had said.

Summon doctors who grant fake certificates for adjournments: HC
http://timesofindia.indiatimes.com/City/Nagpur/Summon-doctors-who-grant-fake-certificates-for-adjournments-HC/articleshow/38445056.cms
Vaibhav Ganjapure,TNN | Jul 16, 2014, 01.46 AM IST
NAGPUR: While imposing a heavy cost of Rs 10,000 on a tenant for seeking repeated adjournments, the Nagpur bench of Bombay high court asked the trial courts to summon doctors who provide bogus medical certificates to petitioners/respondents on the basis of which they seek adjournments.

“The trial court becomes helpless when adjournments are sought on medical grounds and may grant it in the larger interest of justice when the applications are supported by the medical certificate. However, in such cases, if the trial court is suspecting that medical certificate may be meant mislead the judiciary, it can go ahead by summoning the doctor who gave that certificate if there is tendency to seek adjournments repeatedly on medical grounds without genuine medical advice and prescription requiring bed rest,” a single-judge bench justice Ashok Bhangale ruled.

“Seeking repeated adjournments without any just and reasonable cause should be deprecated and discouraged,” the judge added while asking petitioner E Khara, to pay Rs 10,000 to respondent N Mahajan.

Mahajan is seeking Khara’s eviction through a civil suit pending before Additional Small Causes Court, here. On February 25, the trial judge closed evidence of Khara as he sought repeated adjournments. The petitioner challenged this order in the high court contending at least one opportunity could have been given to him by the trial judge to lead evidence. Respondent Mahajan pointed out that the petitioner repeatedly sought adjournments by producing medical certificates of alleged fever with an ulterior motive to prolong the proceedings. The trial judge was also fed up due to same reason and finally decided to close the evidence.

Justice Bhangale observed both parties were expected to cooperate and assist the court to lead evidence when the suit is fixed for hearing. The petitioner then assured the court he would not seek further adjournments and would cooperate in early disposal of the suit. “Without going into merits of the grounds for adjournment, I think if reasonable cost of Rs 10,000 is imposed upon the petitioner as a condition precedent for leading evidence by way of final opportunity, it would serve the ends of justice. The trial judge shall, within 15 days of receipt of the writ, fix the suit for hearing by allowing the petitioner to lead evidence subject to payment of cost,” the judge stated while allowing the plea.

Court pulls up IO for misusing power to falsely implicate man
http://timesofindia.indiatimes.com/city/delhi/Court-pulls-up-IO-for-misusing-power-to-falsely-implicate-man/articleshow/38448592.cms
TNN | Jul 16, 2014, 03.08 AM IST
NEW DELHI: Police officers who misuse their powers to implicate innocent persons deserve highest form of castigation and disciplinary action, a trial court has said while reprimanding a Delhi Police investigating officer for falsely implicating a man in a case of rash and negligent driving.

“The facts of the present case reveal how the emboldened, unscrupulous field investigation officers go on a rampage and curtail the liberty of innocent citizens by gross misuse of their powers by implicating them falsely for the reasons best known to them,” metropolitan magistrate Ashok Kumar said.

The court’s remarks came while acquitting Delhi resident M C Rastogi, who was accused of injuring pedestrian Chandan Das on April 30, 2011. An FIR was lodged against Rastogi for rashly driving his car near Vikas Sadan.

Shocked by the brazen misuse of power by the IO, the court said, “The complainant might have been in the dock and the accused a free man. Instead, much to the astonishment of the court, the IO has misused his powers, so much so that exactly the reverse has happened.”

“This brazen misuse of power deserves the highest form of castigation and disciplinary action in a way which has the tendency to create an example to such like field officers who intend to use their power to the detriment of innocent citizens,” the magistrate said.

While acquitting Rastogi of the charges of rash and negligent driving and injuring a person, the court in its judgment said it was clear from the facts and circumstances that he has been “deliberately and falsely implicated by the IO ” The court also issued show cause notice to the IO and a head constable, asking why adverse action be not taken against him.

Govt cancels selection of info commissioners
http://timesofindia.indiatimes.com/City/Goa/Govt-cancels-selection-of-info-commissioners/articleshow/38441992.cms
TNN | Jul 16, 2014, 12.39 AM IST
PANAJI: The government has stopped the selection process for the posts of state information commissioners (SICs) to the Goa state information commission “due to technical reasons”. The posts will now be re-advertised, chief minister Manohar Parrikar said on Tuesday.

This further delays the full-fledged functioning of the information commission as the posts of state information commissioners has been vacant since August 2012. Chief information commissioner Leena Mehendale, who has been functioning alone, will be due for retirement on January 10, 2015.

The government had earlier this year shortlisted four names for the post of SICs and the cabinet was to finalize two names last week. The decision was differed.

Parrikar said the selection had to be cancelled due to a technical problem. He said that according to directions of the Supreme Court, at least one of the information commissioners has to have experience in the field of law and that this has to be mentioned in the advertisement for the posts. The government had not mentioned this requirement when it advertised the posts earlier. Hence, the selections have been cancelled, Parrikar said, adding that they will now be re-advertised.

The sad saga of the Goa state information commission has been dragging on for some time now. While the post of SIC has been vacant since August 2012, the commission was also without the chief information commissioner for almost 15 months from July 30, 2012 till October 24, 2013.

In July 2013, the government announced names of persons who figured in the shortlist for the posts of CIC and SIC. Mehendale, a retired IAS officer and former Maharashtra additional chief secretary, was selected as CIC. Prabhudesai and Coutinho were selected as SICs.

In August 2013, the high court of Bombay at Goa issued a notice to the government over the appointment of second SIC following a petition filed by social activist. On August 14, 2013, the cabinet cancelled appointments of Prabhudesai and Coutinho as SICs but approved Mehendale as CIC. Mehendale was sworn in as CIC on October 24, 2013.

Law Minister says NDA Government ‘wants consultation’ on controversial Uniform Civil Code
http://www.dailymail.co.uk/indiahome/indianews/article-2693519/Law-Minister-says-NDA-Government-wants-consultation-controversial-Uniform-Civil-Code.html
By MAIL TODAY BUREAU
PUBLISHED: 21:26 GMT, 15 July 2014 | UPDATED: 21:26 GMT, 15 July 2014
The National Democratic Alliance government has made it clear that the option of implementing a Uniform Civil Code is open.
Law Minister Ravi Shankar Prasad on Tuesday said there is a need for wide consultations with stakeholders on the issue of a common law irrespective of religion.
The debate was reignited when BJP MP Yogi Adityanath asked the government in the Lok Sabha about the implementation of a Uniform Civil Code across the country.
In his written reply, Prasad indicated the government was willing to bring in a uniform code in line with a constitutional provision, but only after consultations.
“Provisions of Uniform Civil Code are there in Article 44 of the Constitution. Wide stakeholder consultation would be required for further steps in this regard,” Prasad told Parliament.
His response indicated that the government is ready for a debate on the controversial subject.
The stand of the previous government has thus been completely turned around. The Congress-led United Progressive Alliance had maintained in Parliament that its government would not touch the subject.
Stand changed
The stand taken by the law minister has left the door wide open for a discussion on the Uniform Civil Code. Though NDA ministers have made similar statements to the media in the recent past, this is the first time that the government has put forth its stand on the controversial issue in Parliament.
It’s a minefield, however. The NDA government faced strident criticism in May after junior minister in the Prime Minister’s Office, Jitendra Singh, reignited the debate on Article 370 by calling it a “psychological barrier”, and Union Agriculture Minister Radha Mohan Singh went a step further soon after by saying there was no harm in having a debate on Article 370 of the Constitution that gives Jammu and Kashmir special status and a Uniform Civil Code.
“Why should we shy away from weighing their pros and cons?” he had said.
Prasad has recently said the government will come out with a structured response on the issue in due course.
Diverse India
The Congress continues to maintain that the government should not tinker with personal laws, a necessity for bringing in a Uniform Civil Code.
“The Uniform Civil Code has been on the agenda of the RSS ever since its inception. But let’s not forget that India is a diverse country where people follow their own personal laws which have been evolved through traditions and customs going back thousands of years,” said Congress leader Manish Tewari.
Article 44, included in Part IV of the Constitution of India, lists the Uniform Civil Code as one of the Directive Principles of State policy that cannot be enforced by any court.
The Uniform Civil Code was part of the BJP election manifesto. The party believes there cannot be gender equality till India adopts a uniform code which protects the rights of all women.
In the manifesto, the BJP reiterated its stand on drafting a uniform code while “drawing upon the best traditions and harmonising them with the modern times”.
Goa is the only state in the country to have adopted a common law, called the Goa Civil Code. Even Prime Minister Narendra Modi has earlier spoken in favour of a Uniform Civil Code, clarifying that a common law would not mean that all citizens of the country would be brought under a Hindu code.
The Supreme Court, in the famous Shah Bano case of 1985, granted alimony to a woman abandoned by her husband, and stressed the need for a Uniform Civil Code.
Regretting that Article 44 of the Constitution had remained a “dead letter”, the court had said a that Uniform Civil Code would help the cause of national integration.

Separating police’s law and order duties from crime probe a priority: SC
http://timesofindia.indiatimes.com/India/Separating-polices-law-and-order-duties-from-crime-probe-a-priority-SC/articleshow/38452067.cms
TNN | Jul 16, 2014, 04.24 AM IST
NEW DELHI: Eight years after ordering a series of important changes in the police set-up, the Supreme Court on Tuesday said it would focus on implementation of its direction to separate police’s law and order duties from investigation of crime.

On a PIL filed by former police officer Prakash Singh in 1996, the Supreme Court in 2006 had delivered a landmark judgment directing implementation of radical reforms – merit and transparency in selection of state police chiefs, assured tenure for senior officials to make them immune from the threat of transfer at the hands of the political executive and separation of investigation work from law and order maintenance duties.

The court had given states the option of three models for police reforms proposed by Ribeiro Committee, National Human Rights Commission and Soli Sorabjee Committee that would have drawn out the police force from the shadows of colonial era laws governing its administration.

A bench of Justices T S Thakur, C Nagappan and Adarsh Kumar Goel said it was not undermining the directions given by the apex court in 2006 but felt the direction to separate law and order duties from criminal investigation must take priority over others.

“Direction for separation of law and order duties from criminal investigation has a direct bearing on the administration of criminal justice system. A policeman trained to maintain law and order will not be equipped to carry out a thorough and professional probe into a murder case. If the case is not investigated, the results of the trial would shake the faith of people in the criminal justice system,” the bench said.

“We are not undermining the importance of other directions. We want to prioritize so as to enhance confidence of common man in the criminal justice system by taking up the issue of separating law and order duties from criminal investigation,” the bench said.

Appearing for Prakash Singh, advocate Prashant Bhushan suggested tasking the high courts with taking up the implementation of SC judgment on police reforms in the state concerned. Singh said the 15 states which have enacted legislation on police reforms have only done it to step around the apex court’s judgment.

Singh said these legislations to neutralize the SC directive for police reforms had been challenged in the apex court. Additional solicitor general P S Patwalia said the issue needed detailed hearing. The bench posted the matter for further hearing on August 26 saying it would examine validity of the laws enacted by the states.

Juvenile justice: Punitive or corrective?
http://timesofindia.indiatimes.com/City/Allahabad/Juvenile-justice-Punitive-or-corrective/articleshow/38444965.cms
Arindam Ghosh,TNN | Jul 16, 2014, 01.44 AM IST
JHANSI: The government’s decision to repeal Juvenile Justice Act-2000 and re-enact a new law by the same name in 2014, is making child right’s activists quite jittery. The new act proposes the age of juvenile to be lowered down from 18 years to 16 years. Not only this, but a provision is also being made that the offenders may be tried under stringent sections of rape, murder and narcotics with regular criminals.

As per the experts, the new act will be less of pro child and will go more against them. They feel that maximum crimes committed by boys of this age are due to impulse and under the influence of adults. Unmindful of the repercussions, they are lured into the world of crime. It becomes very important that the law is more reformative than punitive and for this it is better that the age is not lowered down, rather more stress should be given for their rehabilitation by stressing more on better reformative homes. On the other hand those adults who push adolescents towards crime should be dealt more strictly, opine experts.

The lowering of age got momentum after the December 2012 Nirbhaya case, but despite this, Justice Verma Committee, specially formed for this was against lowering the age and recommended for compliance with the UN Convention. In July 2013, Supreme Court dismissed eight petitions brought by the public pleading for trying juveniles under adult laws for committing heinous crimes. In this, a three-judge bench said that barring a few rarest of the rare crimes in which people below 18 years of age who are involved in serious heinous crimes, rest are not that serious and their fate will be affected too.

As per the statistics of the National Crime Record Bureau (NCRB), only 1.2% of the entire FIRs filled have juveniles involved in them. Another important aspect which is missing in the new law is the removal of the age determination through medical examination. This may prove fetal in the sence that even children of lesser age than 16 yrs may be tried as adults by manipulating their age by the police, said Tushar Anchal, a child rights activist.

As per the Juvenile data of 2011, of the total juveniles detained under various acts, 6122 (18%) were illiterate, 12803 (38%) were educated till primary, 10519 (31%) were non matriculate and 4443 (13%) were matriculate. This shows how education plays an important role in the behaviours of the children and this fact is not being stressed upon.

Anchal said, “The new law will be very harmful for the society, it will rather push small children for repeating crime because once they are tried with hardened criminals, there are ample chances of their drifting towards the world of crime. The government should emphasis more on their rehabilitation rather than increasing their punishment.”

“Most of the rehabilitation homes are not working as per norms. There is no compulsory education for the detainees despite the law exists for the same. If the government gives more emphasis on their rehabilitation rather than finding ways to punish them, I think we will have a better society and these children a better future,” said Anchal. Similarly, Sanjay Gupta, drector, CHETNA, a Delhi based NGO working on child rights, feels that “the new law is being governed by emotions and is being misled by unfortunate rape incidents.”

He said that till 1986, age limit in JJ Act was 16yrs but later on when certain mistakes were realized, the age was increased to 18 years. But, now it is again being reverted back to 16. “This shows a clear lack of philosophy. To me, it’s just an eyewash.

” The society has to be more sensitive towards adolescents and for this, the government has to act proactively in rehabilitate such children and curb crime at grassroots level rather than getting reactive with stringent punishments pushing them to the wall.”

Collegium stands firm on Justice Manjunath
http://www.thehindu.com/news/national/collegium-stands-firm-on-justice-manjunath/article6214694.ece
J. VENKATESAN
The Supreme Court collegium headed by Chief Justice R.M. Lodha on Tuesday stood firm on its recommendation to elevate Karnataka High Court Justice K.L. Manjunath as Chief Justice of the Punjab and Haryana High Court. It rejected the Law Ministry’s objections, in having returned the Karnataka judge’s file for reconsideration, as baseless and unfounded.
“Not collegium’s view”
Sources pointed out that the note enclosed in the original recommendation was by one of the apex court judges who was familiar with the working of the Karnataka High Court but not part of the collegium and his opinion reportedly against the elevation of Justice Manjunath could at best have only persuasive value and would not amount to the view of the collegium.
With the recommendation having been reiterated, the Centre is bound to accept the collegium’s decision to elevate Justice Manjunath. At the most, the government can delay the process of appointment.
Justice Manjunath was recommended for elevation along with the transfer of the present incumbent Sanjay Kishan Kaul as Chief Justice of Madras High Court. While the shifting of Justice Kaul had been cleared by President Pranab Mukherjee, the file relating to Justice Manjunath was returned to the collegium seeking clarification/reconsideration.
The Ministry wanted to ascertain from the collegium whether certain allegations in the complaints received were considered before making the recommendations.
The Centre had earlier put on hold the elevation of senior advocate Gopal Subramanium as a Supreme Court judge. The CJI had criticised the government for unilaterally segregating his file and approving the elevation of three High Court Chief Justices. The collegium accepted Mr. Subramanium’s letter withdrawing his consent and put an end to the controversy.

Tribunal approves review plea of HM
http://www.thehindu.com/news/cities/Thiruvananthapuram/tribunal-approves-review-plea-of-hm/article6212774.ece?utm_source=RSS_Feed&utm_medium=RSS&utm_campaign=RSS_Syndication
STAFF REPORTER
The Kerala Administrative Tribunal (KAT) has approved a review petition submitted by K.K. Oormila Devi who was transferred out of her position as Principal Headmistress of Cotton Hill Girls’ High School following allegations that she was disrespectful to Education Minister P.K. Abdu Rabb during a public function at the school in May.
At first, Ms. Devi was transferred to the government school at Ayilam by the Directorate of Public Instruction (DPI), but an order was issued on June 30, saying she would be posted as headmistress of Government Model HSS, ‘a convenient posting’, taking into account her ‘physical ailment’.
The petitioner argued that she never made such a case and only requested reinstatement as Principal Headmistress at the Cotton Hill school. The DPI’s second transfer order to Model School was labelled ‘irregular, illegal and liable to be set aside’ for it is ‘not true to the facts’. The review petition says she only requested the Chief Minister to reinstate her. Her amended petition says that the two transfer orders (the first saying she should move to Ayilam and the second allowing her to be posted at Model School) are ‘based on totally inconsistent reasons’ and are ‘illegal and unsustainable’.
Ms. Devi has requested the KAT to direct the DPI to cancel the second order as well and reinstate her at Cotton Hill.

NHRC recommends five lakh as monetary relief to family of stunt biker killed in police firing
http://www.business-standard.com/article/news-ani/nhrc-recommends-five-lakh-as-monetary-relief-to-family-of-stunt-biker-killed-in-police-firing-114071401106_1.html
ANI | New Delhi
July 14, 2014 Last Updated at 20:50 IST
The National Human Rights Commission (NHRC) has recommended the Delhi Government to pay five lakh rupees as monetary relief to the next of kin of Karan Pandey, who was killed in police firing on the stunt bikers.
Pandey was killed when the police fired on bikers at Windsor Place, Ashoka Road, in the intervening night of July 28-29, 2013. The Commission has asked the Delhi Government’s Chief Secretary to submit the proof of payment along with the action taken report on the departmental proceedings initiated against the delinquent police officials within six weeks.
The Commission had taken cognizance of the incident on the basis of an intimation received from the New Delhi Deputy Commissioner of Police and complaints. On the basis of material on record, the Commission observed that the enquiry Magistrate had found that there was negligence and error of judgment on the part of an Inspector to open fire at the rear tyre of the bike which resulted in the death of Karan Pandey who was pillion riding the bike driven by Puneet Sharma.
The Commission also noted that there was unnecessary use of force by opening fire which was disproportionate to the amount to threat to PCR officials’ life.
It further noted that the entire incident of heavy stone pelting on police party is highly doubtful in the light of CCTV footage and statements of witnesses which could have caused life threatening risk to PCR officials.

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