Daily News for 30.07.08

Ponnai barrages annoy farmershttp://www.newindpress.com/NewsItems.asp?ID=IET20080620230101&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0
VELLORE: Even as a legal battle over the proposed construction of a reservoir across Palar river at Kuppam in Chittoor district continues to haunt both Tamil Nadu and Andhra Pradesh, another silent intervention on the same lines by Andhra Pradesh has emerged - this time from one of its tributaries, Ponnai. While measures are being taken to sort out the issue at different levels, the blatant attempt to block water from Ponnai has come as a shock to the locals here.Tamil Nadu had filed two cases while the PMK has filed a PIL at the Supreme court against the Kuppam project; the cases are pending.In the past six months or so, the AP Government had constructed a series of dykes barrages in the micro catchment areas across tributaries of Ponnai river. Farmers in Chittoor said that five dykes had been constructed across Chitteri stream at Velkur village near Chittoor, besides two to three dykes each across 12 streams in 15 villages nearby, to help recharge the ground water level in the locality.Jayarama Reddy, village head, said that the recent floods had helped in recharging over 500 irrigation wells in the region, thanks to the blockade.Octogenarian M M Basheer, a social activist fighting to save Palar said that the riparian rights of people of Tamil Nadu was being sabotaged by the Andhra Pradesh government.
Saturday June 21 2008 09:22 IST
V Narayana Murthi
www.newindpress.com
PIL for fresh probe into Netaji mystery
http://timesofindia.indiatimes.com/Cities/Fresh_PIL_on_Netajis_mysterious_death/articleshow/3150572.cms
KOLKATA: Calcutta High Court on Friday admitted a PIL seeking re-opening of the Mukherjee Commission which was set up to enquire into Netaji Subhas Chandra Bose’s disappearance. Petitioner Subhas Chandra Basu is seeking a fresh investigation to find out how Netaji died if he was not killed in the plane crash during the dying days of World War II. And if he indeed died in any other manner, then where, when and how did his end come, the PIL asks. The question that has mystified generations of Indians was not answered in the Mukherjee Commission’s report due to the absence of clinching evidence. A division bench of Chief Justice S S Nijjar and Justice P C Ghosh admitted the PIL and directed that the matter be heard after three weeks. There is already another writ petition challenging the Centre’s rejection of the Mukherjee Commission report pending before the bench. It was stated in the petition that the enquiry commission, headed by retired Supreme Court judge Monoj Mukherjee, was set up by the Centre on a Calcutta High Court order. The HC had directed that certain pertinent points about Netaji's disappearance be enquired into. Some of these were: a) whether Netaji is dead or alive. b) If he is dead, whether he died in a plane crash. c) Whether the ashes in a Japanese temple are that of Netaji. d) Whether Netaji died in any other manner at any other place and, if so, when and how. e) If he is alive, details of his whereabouts. The Commission had placed its findings before the Centre in 2005. It stated that Netaji is dead - but he was not killed in a plane crash as rumoured. The report also stated that the ashes in a Japanese temple are not that of Netaji. The commission pointed out that in the absence of any clinching evidence it was impossible to say how he was killed or where and when. The latest PIL claims that the commission could not answer this mystery because the Centre did not cooperate with the investigation and withheld records relating to Netaji's alleged death. The central agencies, from whom the commission sought certain documents, had refused to provide them on the ground that they were destroyed in 1972 in course of a 'routine review'.
21 Jun 2008, 0419 hrs IST,TNN
http://timesofindia.indiatimes.com


RTI Writ pitition filed by Mahesh Panday Paryavaran Mitra in the Gujarat
http://indiarti.blogspot.com/2008/06/rti-writ-pitition-filed-by-mahesh.html

A non-government organization (NGO) has approached Gujarat High Court over the issue of proper interpretation of the government notification exempting certain departments from the responsibility of revealing information under the Right to Information Act, 2005. Through a writ petition, the NGO - Paryavaran Mitra has sought the courtt’s direction to concerned authorities to furnish information which can be made available to legislators or parliamentarians, to citizens too. The petitioner has claimed that the clause, which protects crime branch and home department from the purview of information laws, needs to be re-analyzed in a proper manner. The petition, moved through advocate Nimish Kapadia, has also sought appointment of more information commissioners along with establishment of five offices across Gujarat. Moreover, there is also a request to quash the circular dated November 14, 2005, which prohibits to reveal file notings. Paryavaran Mitra has requested the court to make 38 such amendments in the procedure of seeking information under the Act.Times News Network
Saturday, June 21, 2008
http://indiarti.blogspot.com

No political interference in appointing judges:CJI
http://timesofindia.indiatimes.com/India/No_political_interference_in_appointing_judgesCJI/articleshow/3151689.cms

KOCHI: Chief Justice of India K G Balakrishnan denied any political interference in the appointment of judges and said that they are appointed through the routine procedure. Balakrishnan was speaking at a session on ‘Freedom of press/media in reporting (print and electronic) use and abuse’. "No chief minister or politician has ever approached me for any appointment," Balakrishnan said. Replying to a reference made by a speaker that there was political interference in the appointment of judges, the CJI said that appointments were made through the usual procedure. The final decision was taken after consulting other judges, he said. On acquittal in criminal cases, Justice Balakrishnan said the accused were sentenced or acquitted only on the basis of materials and evidence available on record.
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21 Jun 2008, 1531 hrs IST,PTI
http://timesofindia.indiatimes.com


Contempt proceedings not to terrorise media: CJI
http://economictimes.indiatimes.com/PoliticsNation/Press_has_duty_to_keep_secrecy_CJI/articleshow/3151628.cms

KOCHI: Defending the contempt of court provisions, Chief Justice of India K G Balakrishnan on Saturday said they were not aimed at "terrorising" the media but asked the press to be cautious while reporting court proceedings, especially rape cases. However, he favoured an element of sensationalism to make news interesting. Contempt proceedings were to protect the 'Majesty' of courts. "If there is no contempt proceedings, none will implement the court orders," he said in his inaugural address at a workshop on 'Reporting of Court proceedings by Media and administration of justice for Legal correspondents and Journalists'. Urging the media to exercise caution while reporting court proceedings, he said caution was especially needed while reporting cases like rape wherein the names of the victim and her families should not be mentioned. "Press has a duty to keep secrecy". Touching on the issue of media sensationalising some reports, he said sensationalism should be there, otherwise all news reports would read as Kerala gazette. "Only when there is sensationalism, people will read. But this exercise should be used with a tinge of responsibility," he said. He also asked the media to exercise responsibility while reporting comments made by judges in open court. Discretion should be there on what to publish or telecast. Observing that judges can't hear cases just like robots, he said "In India there is interaction between judges and lawyers and when they speak, we report." That may not have any impact on pronouncements. "In India courts and lawyers argue and argue. It is not possible to control lawyers. So we pass comments," he said.
21 Jun, 2008, 1458 hrs IST,
http://economictimes.indiatimes.com


Ensure supply of coals to Nalco: HChttp://www.newindpress.com/NewsItems.asp?ID=IEQ20080621183701&Page=Q&Title=Orissa&Topic=0

CUTTACK: High Court on Saturday took note of the acute coal shortage faced by Nalco due to the contractual drivers’ strike at Talcher coalfield and ordered Mahanadi Coalfields Limited (MCL) to ensure supply of at least 14,000 tonne of coal to it from Sunday.Considering the urgency of the situation, which has brought operations in the Navratna PSU to a grinding halt incurring losses to the tune of crores every day, Acting Chief Justice IM Quddusi took up the petition of Nalco Officers’ Association and directed the Government, particularly the Angul District Collector and SP to take all steps for enabling smooth movement of coal.Pressing the petition, counsel Subir Palit submitted that if immediate action was not taken, Nalco would be forced to shut down its potline from Sunday as the coal crisis had severely incapacitated its captive power plant. Once the potline, which melts alumina, production would come to an absolute standstill but worse, it would take months to revive the facility. The loss would run into thousands of crores.The petitioner stated that the company was managing with as low as 130 kilo ampere of power against the required 180 KA and could not sustain it any longer. The coal shortage has also resulted in shutdown of units, with three closed by Saturday.The petitioner has stated that disruption of coal supply should attract the provisions of ESMA as it had an impact on the entire population of the State as well as outside.While Justice Quddusi took up the matter at his residence and passed the order in presence of Asst. Solicitor General JK Mishra, he constituted the bench with Justice BN Mohapatra which would take up further hearing on June 27.
Sunday June 22 2008 04:58 IST
ENS
http://www.newindpress.com

HC sets aside MMC meet stay order
http://www.navhindtimes.com/articles.php?Story_ID=062243
VASCO — The High Court today set aside the stay order granted by the Administrative Tribunal of Goa at Panaji in view of the special meeting which was convened by the director of municipal administration (DMA) on June 23.
The fate of the MMC, chairperson, Mr Carlos Almeida and deputy chairperson, Ms Shanti Mandrekar is likely to be discussed on the floor of the House on June 23.
It may be recalled that the MMC, chairperson had challenged the order given by the director of municipal administration to pre-pone the special meeting of the council on June 23 despite of its earlier meeting date which was fixed on June 27.
The Administrative Tribunal of Goa at Panjim granted stay to the MMC, Chairperson, Mr Almeida and has stayed the meeting convened by the DMA on June 23.
Challenging the Administrative Tribunal order, Mr Chopdekar and Mr Gaonkar pointed out that the MMC, chairperson has not made party to the twelve councillors who had moved no confidence motion against him and also has said that the DMA’s order is not falling under the Administrative Tribunal jurisdiction and hence the order issued by the DMA cannot challenged in the Administrative Tribunal court.
The MMC, chairperson on the other hand has filed a caveat before the High Court stating that the special meeting of the council fixed on June 23 and 27 are illegal
Sunday, June 22, 2008
NT NETWORK
www.navhindtimes.com
SC looks for bank with 'best rate'
http://timesofindia.indiatimes.com/India/SC_looks_for_bank_with_best_rate/articleshow/3152611.cms
NEW DELHI: With the scorching rate of inflation setting in a phase of diminishing returns on deposits, the Supreme Court is fervently looking for a nationalized bank that can give it the 'best interest rate' for the huge amounts deposited with it by the litigants as security. What has driven the Supreme Court to shoot off letters to all nationalized bank inviting them to virtually bid with the 'best interest rate' is the fact that over Rs 67 crore of security money deposited by litigants and kept in fixed deposits are maturing in June and July. Though the total money of Rs 67 crore came to be deposited in the apex court in eight cases, most of it - over Rs 62 crore - came from two cases involving Ten Sports' cricket telecast rights row with Prasar Bharti, the manager of national network Doordarshan. A deputy registrar of the Supreme Court wrote to all nationalised banks on June 10 saying: "I am to inform you that the Supreme Court is depositing huge amount belonging to litigants in bank for the period as directed by the court." "Deposits are made in the bank offering highest rate of interest for that period on the basis of interest rates offered for investment of different amounts for varying periods...", the letter said informing them that a panel of banks had been drawn up in the past taking into account the rates offered by them. However, keeping in mind the cut in CRR rates by the RBI leading to fluctuating interest rates on term deposits, the official wanted fresh offers from the nationalised banks to revise the panel. "It is, therefore, requested to please supply latest rates of interest for various amounts and periods on standing basis urgently along with the net worth of the bank to enable the Registry to revise the panel," it said. "Such banks which offer highest rate of interest will automatically be included in the panel," the registry said. dhananjay.mahapatra@timesgroup.com
22 Jun 2008, 0156 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com
Guj Animal body to approach HC for release of three elephants
http://www.navhindtimes.com/articles.php?Story_ID=06223
VADODARA — Gujarat Prani Krurata Atkav Samiti, a council starving to prevent cruelty against animals, has decided to approach High Court against the priest of a temple who has three elephants as pet at Chhani on the outskirts of the city. Its president Mr Snehal Bhatt said that this “mahant” or priest of the temple does not have any licence for keeping the elephants. The “mahant” Ayedhyadasji of the temple said that these elephants are not used for any commercial purposes and he has been looking after them for the past several years. According to Mr Bhatt, the elephants fall under schedule category of animals which required to be released in the forest
Sunday, June 22, 2008
Mapusa Municipality to get cracking on garbage
http://www.navhindtimes.com/articles.php?Story_ID=073069
MAPUSA — Uncollected littered garbage along roads and overflowing bins may soon be a thing of the past in Mapusa, as keeping in view the High Court’s directive, the Mapusa Municipality will be launching its door to door garbage collection from August 1.
It may be recalled that just a fortnight back the High Court had passed an order directing all municipalities to segregate and dispose off garbage systematically.
In doing so the Court had by its ruling maintained that all municipalities should preferably have small treatment plants in each ward so that there is no major problem with regards to a garbage disposal site.
With this order all municipalities have been making serious attempts to tackle the garbage menace and Mapusa Municipality is aiming to go ‘bin less’ from August 15.
The work of collection of segregated soil waste in all 15 wards of Mapusa shall be taken up by the civic employees from August 1. The wet waste will be collected every day from all houses in all 15 wards.
After the commencement of door to door collection all the public garbage bins located on roads and streets shall be removed and therefore the municipal authorities have urged the public that once this is done no garbage or solid waste should be dumped on roads from August 15 so that the city is maintained clean and hygienic.
At present the Municipality is dumping its entire garbage produced on the Assagao Communidade land.
Though the Court had also in its earlier order maintained that each municipality should have its own garbage disposal site. A site at Cunchelim within the jurisdiction of Mapusa Municipality was favoured to be the ideal site for setting up of the garbage treatment plant.
However, the residents from Cunchelim have been stoutly opposing acquisition of this site for setting up of a treatment plant.
This has placed the Mapusa Municipality in a piquant situation as even on the other hand the Assagao Communidade had also filed a PIL against the Mapusa Municipality for dumping garbage in its land.
This issue was also hotly debated in the recently held council meeting with several councilors even alleging that establishments from coastal areas were bringing their garbage and dumping on the Assagao Communidade land. They were also of the view that action needed to be taken against these establishments so as to discourage them from dumping their garbage here.
With this development of initiating the process of door to door collection the Mapusa Municipality hopes to tide over the garbage crisis by making each one responsible for their own garbage.
Also, by setting up of treatment plants in each ward the larger question of availability of land for the entire Mapusa garbage would be solved
considerably.
Wednesday, July 30, 2008
NT NETWORK
www.navhindtimes.com
4 Madras High Court judges yet to get confirmation
http://www.hindu.com/2008/07/30/stories/2008073055351300.htm

Their tenure, ending on July 31, is likely to be extended
Apex court seized of issue of permanent vacancies
Keeping Damocles’ sword of confirmation hanging does not augur well for judiciary: AIBA
New Delhi: The confirmation of four additional judges of the Madras High Court — Justices K. Chandru, V. Ramasubramanian, S. Manikumar and A. Selvam —is pending with the government even as their tenure ends on July 31.
President Pratibha Patil, however, appointed Justice K. Venkataraman permanent judge, though he was also appointed additional judge for two years along with these four.
According to Law Ministry sources, the Supreme Court collegium of judges has recommended extension of tenure for them as additional judges. The President is likely to sign the warrant before July 31 extending their tenure.
It was pointed out that Justice Venkataraman was made permanent judge as there was only one vacancy of permanent judge post in the sanctioned strength of 49 judges.
Though the Madras High Court took the stand that there were three permanent vacancies, the Ministry has not accepted that position. The matter is receiving serious attention of the Supreme Court.
Meanwhile, the All-India Bar Association has urged Chief Justice of India K.G. Balakrishnan to take immediate steps to make the four additional judges permanent judges.
In a statement, Chairman and Vice-Chairman Adish Aggarwala and S. Prabhakaran said “keeping the Damocles’ sword of confirmation of additional judges hanging till the last minute does not augur well for the judiciary. The process of confirmation must be completed well in advance before the end of their term.”
The AIBA wanted the CJI to take up the matter with the Union government to ensure that the process as contemplated in the Memorandum of Procedure for appointment of judges was complied with in letter and in spirit.
Wednesday, Jul 30, 2008
Legal Correspondent
www.hindu.com

Sethu is not national monument: Centre
http://economictimes.indiatimes.com/News/PoliticsNation/Sethu_is_not_national_monument_Centre/articleshow/3303999.cms

NEW DELHI: The Centre on Tuesday told the Supreme Court that Ram Sethu does not fulfil the criteria to be declared as a national monument. It is the absolute prerogative of the government to declare Sethu as a national heritage and cannot be directed to do so, Centre’s counsel Fali S Nariman told the apex court. “As far as we are concerned, the stand of the government is very clear. Ram Sethu does not fulfil the criteria to be declared a national monument,” senior counsel Fali S Nariman appearing for Centre told a three-judge bench headed by Chief Justice K G Balakrishnan. There is no change in government’s stand on the issue. It has already been said in Parliament, said Mr Nariman. In the Rajya Sabha, the government in reply to the questions of Janata Party president Subramanian Swamy had said that Ram Sethu does not fulfil the criteria to be declared as a national monument, pointed out Mr Nariman. This was, however, countered by petitioner Swamy who said that it was said so in the Upper House prior to the filing of petition in the apex court. Mr Nariman also relied on the government’s controversial affidavit which had questioned the existence of Lord Ram but later withdrawn in face of saffron brigade opposition to it. He said that only certain parts were withdrawn and not the whole affidavit. This was again countered by Swamy. How can the government rely on the same affidavit which was withdrawn,” he said. Mr Nariman goes on to say that the power to declare Ram Sethu as a national monument lies only with the government. There is no provision which mandates the court to direct the government to declare Ram Sethu as a national monument, said Mr Nariman opposing the petitions seeking direction to centre to declare the revered structure as a monument of national heritage. Under the existing law, a large number of sites have been declared as a monument of national importance. But there is no guideline on the issue. What is of national importance, it is the absolute discretion of the government to judge, said Mr Nariman. The executive and legislative power to declare any site as a national monument has been delegated to the government. So the court has no jurisdiction to issue direction to the government to declare Ram Sethu as a national monument, submitted Mr Nariman. Mr Nariman further raised the issue of the Right to worship Ram Sethu. There are two views on the matter. Citing the verses from the ninth century Tamil version of Ramayan, Mr Nariman said that lord Ram himself destroyed the revered Bridge.
30 Jul, 2008, 0433 hrs IST, ET Bureau
http://economictimes.indiatimes.com




Prime Minister to decide on Sethusamudram project alignment
http://www.hindu.com/2008/07/30/stories/2008073055331300.htm

Union Government will consider seriously Chief Justice of India’s suggestion on alternative, says counsel Fali Nariman
New Delhi: Prime Minister Manmohan Singh is to take a decision on the feasibility, or otherwise, of an alternative alignment for implementing the Sethusamudram Shipping Channel Project, Fali Nariman, senior counsel for the Centre, told the Supreme Court on Tuesday.
He was responding to a suggestion made by Chief Justice K.G. Balakrishnan, who said on July 23: “Why can’t you consider Alignment No. 4 with a little deviation from the Dhanuskodi point and you can avoid this bridge [Ramar Sethu]. The area is also away from the biopark.”
When Janata Party president Subramanian Swamy, one of the petitioners, sought to know the government stand on this suggestion, Mr. Nariman said: “I had taken up the matter with the Prime Minister. I told him if there is an alternative alignment, why should we hurt people’s sentiments. We know it hurts people’s sentiments. We are attempting to do something. It [the CJI’s suggestion] is going to be taken up by the government seriously. I will respond to you once I get instructions by tomorrow [Wednesday].”
As for the plea decare Ramar Sethu a national monument, Mr. Nariman said, it did not fulfil the criteria. “We are clear in our stand that Ramar Sethu cannot be declared a national monument,” he told the three-judge Bench, which included Justices R.V. Raveendran and J.M. Panchal.
Referring to some of the petitioners’ stand for a direction to the Centre to declare Ramar Sethu a national monument, Mr. Nariman said “no mandamus can be given for that. It is up to the Central Government to do so under a scheme and there are guidelines for that. Parliament has delegated this function to the government. It is possible to keep a monument as an archaeological site without declaring it a national monument. Mining or construction activity is still permissible at an archaeological site. It is an erroneous assumption that at an ancient archaeological site like Adam’s Bridge no construction activity can be carried out.”
Consul reiterated that Lord Ram himself had destroyed Ramar Sethu.
No doubt, a sacred place
Mr. Nariman argued that the court could not decide on issues of faith. “One can understand if you say that it [destruction of Ramar Sethu] affects your sentiment and it should not be destroyed. AIADMK leader Jayalalithaa is right in saying it affects her sentiments. Ramar Sethu is a place of worship and it will continue to be so. It is a sacred place. Nobody doubts it. We respect people’s sentiments. That is why I said the government will consider your Lordship’s [CJI’s] suggestion seriously. My point is how are we to take the issue of faith which is a superlative action [construction of Ramar Sethu] done in three days. How can the court decide on this issue and say ‘Yes’, it interferes with your religious freedom?”
Wednesday, Jul 30, 2008
J. Venkatesan
www.hindu.com

Chief Justice withdraws from fund scam case
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=f641f37d-aa22-44d3-a36c-2f29c788bed8&MatchID1=4727&TeamID1=2&TeamID2=3&MatchType1=1&SeriesID1=1191&PrimaryID=4727&Headline=CJ+withdraws+from+fund+scam+case&strParent=strParentID

Chief Justice of India KG Balakrishnan has withdrawn himself from the Ghaziabad provident fund scam case, allegedly involving some UP judicial officers, certain judges of the Allahabad High Court and a Supreme Court judge.
The CJI recused himself after the Indian chapter of Transparency International challenged his administrative decisions related to the scam probe. The corruption watchdog is seeking a "through and unfettered" probe by the CBI into the scam.
Two petitions related to the sensational case, in which the CJI's Bench had on July 17 issued notices to the Centre and the UP Government on the plea for a CBI probe, is now listed for hearing on August 1 before another Bench headed by Justice BN Agrawal. The Ghaziabad Bar Association has filed the second case.
Senior advocate Shanti Bhushan had on the last date pointed out on behalf of Transparency International that the CJI could not hear a petition challenging his own administrative decisions relating to the scam probe. Bhushan had said SC Secretary General VK Jain had written to Ghaziabad SSP that he should prepare a questionnaire for examining the Judges of the higher judiciary allegedly involved in the scam for prior vetting. The questionnaire would form the basis of the probe.
Terming it as "unheard of", Bhushan had said there could not be different sets of procedures for judges and other people involved in a corruption case.
The CJI had clarified that the petition did not challenge his administrative decision, inasmuch as its prayer related only to judicial officers (subordinate court judges) while his decision was with regard to Allahabad High Court Judges. He had made it clear that if the petitioner changed its prayer so as to mean the judges of the higher judiciary, he would not hear it. The prayer has since been changed.
According to SC ruling in the Veeraswami case, an HC or SC judge cannot be proceeded against in a criminal case without the CJI's prior permission. In view of this ruling, the Ghaziabad SSP had sought the CJI's permission for probe against judges of the higher judiciary.
Satya Prakash, Hindustan Times
New Delhi, July 29, 2008
www.hindustantimes.com

Justify ban on SIMI, Delhi HC tells Centre
http://www.indianexpress.com/story/342525.html

New Delhi, July 30:: The specially designated tribunal, hearing the Student Islamic Movement of India's (SIMI) petition against the Centre's decision to ban it, on Wednesday said that the government has to bring new facts to justify its decision.
Justice Geeta Mittal, a Delhi High Court judge who is heading the tribunal, said that the government cannot extend the ban on the basis of earlier records against the organisation.
"What precluded the government from stating the facts. You have to satisfy the tribunal about the sufficiency of the reason behind issuing a fresh notification (on the ban)," Justice Mittal said.
The tribunal also referred to three notifications issued by the Centre after the Babri Masjid demolition when three political organisations were banned but the tribunal quashed two of them.
"The notification should tell what leads you to declare SIMI a banned organisation," Justice Mittal further said.
The government, on the other hand justified the notification, saying that it can ban such organisation even in anticipation.
"Earlier, we issued notification and then Malegaon blasts happened. SIMI still indulges in communal activities and it is a threat to the secular fabric of our society," Additional Solicitor General Kalyan Pathak said.
The organisation has been banned by the Centre for the last seven years and the government issued a fresh notification in February, 2008 to extend the ban for another two years under Unlawful Activities (Prevention) Acts.
The notification issued by the Home Ministry on February 7, 2008 says that the organisation was involved in unlawful activities in the country and was spreading communal hatred.
Agencies
Posted online: Wednesday, July 30, 2008 at 2004 hrs
www.indianexpress.com

HC awards compensation in land acquisition case
http://timesofindia.indiatimes.com/Hyderabad/HC_awards_compensation_in_land_acquisition_case_/articleshow/3304712.cms

Justice C V Nagarjuna Reddy of the A P High Court on Tuesday directed the land acquisition officer concerned in Pedavalasa of Vizianagaram district to pay Rs 25,000 as costs in a land acquisition case.
The judge was dealing with a complaint that no compensation was paid for 18 acres of land acquired way back in 1990.
The judge directed the official to pay the compensation within two months along with interest at 12 per cent per annum from the date when the land was taken over.
The government contended that while the land was ought to be acquired, no steps were taken due to lack of funds among other reasons.
While the petitioners said it was about 18 acres, the government contended that it was only two acres. On perusing the file, the judge noticed that about 18 acres were indeed acquired. The judge directed compensation at Rs 90, 000 per acre.
30 Jul 2008, 0943 hrs IST,TNN
http://timesofindia.indiatimes.com


HC quashes plea for MBBS admission under NCC quota
http://timesofindia.indiatimes.com/Hyderabad/HC_quashes_plea_for_MBBS_admission_under_NCC_quota_/articleshow/3304711.cms
HYDERABAD: Justice B Seshasayana Reddy of the high court on Tuesday dismissed a batch of writ petitions filed by students seeking admission to MBBS under the NCC and sports quota. The petitioners questioned the action of Eamcet convener in prescribing the condition that a candidate must have secured not only 50 per cent in the qualifying examination but must also obtain 50 per cent in the entrance examination . The petitioners contended that the rule was introduced after the notification for the entrance examination and hence could not be applied retrospectively . The Medical Council of India pointed out that the requirement dates back to 1999 and the Eamcet convener was only complying with the national requirement. The argument found favour with the court.
30 Jul 2008, 0944 hrs IST,TNN
http://timesofindia.indiatimes.com


HC sends notice to SGPC on Medical College admissionshttp://www.indlawnews.com/Newsdisplay.aspx?b2e0b893-8d5e-4a9a-933c-a4f474536d07
The Punjab and Haryana High Court issued notices to Shiromani Gurdwara Prabandhak Committee (SGPC) on a petition, alleging denial of admission to MBBS course by the a SGPC run institute for violating Sikh religion norms.The court issued notices for August 11 on the petition filed by Gurleen Kaur and others, who were denied the admissions on the ground that they had trimmed beards and plucked eyebrows, which was against norms of Sikhism. The notices, which were issued by the Division Bench of Justice Ashutosh Mohunta and Justice Nirmaljit Kaur, have also been issued to the Punjab medical education secretary and Sri Guru Ram Dass Institute of Medical Education and Research, run by the SGPC at Amritsar, which had denied the admissions.The institute admits 50 per cent students to MBBS course on the basis of state-conducted pre-medical entrance test and remaining 50 per cent from those candidates, who adhere to the principles of Sikhism.UNI
7/30/2008
www.indlawnews.com

MTNL provides Wi-Fi connectivity to Delhi HC
http://www.telecomtiger.com/fullstory.aspx?storyid=3162&passfrom=vasstory
google_ad_client = "pub-3844677381704156";google_ad_slot = "1304987952";google_ad_width = 200;google_ad_height = 200;
MTNL said it has transformed Delhi High Court into a Wi-Fi enabled zone with the installation of Wi-Fi broadband and Centrax (Intercom) facility in the court premises.

Inaugurated by Chief Justice A P Shah, the Wi-Fi access points within the court area will provide free and uninterrupted internet facilities to the lawyers, said MTNL. Further free intercom services will be provided to each lawyer onto the MTNL telephones placed in their respective chamber blocks.
30 Jul 2008
TT Bureau
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HC issues notice to Delhi University on St. Stephen's petitionhttp://www.indlawnews.com/Newsdisplay.aspx?a562674b-fb66-4566-a19e-94154f8d9794

Delhi High Court issued notice to Delhi University (DU) on the petition filed by St Stephen's college, seeking that it will be exempted from the university ordinance which sets the norms for selection of principal, as it is a Minority Institution.Chief Justice A P Shah and Justice S Murlidhar issued notice to the DU and asked them to give reply by August 1.St Stephen's College urged that it is a Minority institution and the DU has no right to interfere in the selection process of the principal.Lawyer for St Stephen's College contended that they have always filled up the post of principal in accordance with the college constitution and DU has never objected to it. This time, when they started the selection process for the post of the principal, which is currently lying vacant, the University directed them to follow the selection committee composition as laid down in ordinance XVIII, Clause 7(2) of the Act.According to the Clause 7(2)of the University Ordinance, the college, after completion of the eligibility and selection process, has to send the list of shortlisted candidates to the DU. The final selection is made by the university and if they still don't approve any name, the whole process of selection takes place again, and the college have no other option but to advertise again for the post.The college has alleged that the ordinance deprives them of their fundamental right to choose a principal, whereas it is a settled law that Minority Educational Institutions are free to choose any qualified person as the head of their college, their qualification being only restriction.UNI
7/30/2008
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Percentile case: HC hearing may conclude today
http://timesofindia.indiatimes.com/Mumbai/Percentile_case_HC_hearing_may_conclude_today/articleshow/3303830.cms
MUMBAI: Students of FYJC may soon know where they stand. The Bombay high court has said it would complete on Wednesday the hearing of the PIL challenging the Maharashtra government’s newly introduced percentile method for admissions to first year junior college. Senior counsel Rajni Iyer, who was appearing for the Association of ICSE Schools of Maharashtra, requested the court for a speedy disposal of the matter. On Tuesday, advocate Mihir Desai, appearing for the Parents Teachers Association (PTA) which was supporting the government’s controversial move, spoke for the first time during the hearing and summarised succinctly in a few minutes the crux of matter. Till this point, the government pleader had been labouring with the justifications for the state’s decision. Desai said the essential question before the court was to see whether the new formula was “so perverse or so grossly in favour of the SSC students as to merit interference by the court’’. He said it was not as if a SSC student with 60% marks was depriving a CBSE student with a score of 95%. He said the main issue was whether the “normalisation process’’ was desirable and whether it was the correct method. Members of the PTA forum—mostly parents of SSC students—were present in court. Desai said that over the years, as admissions were based on merit and percentages obtained by students across the boards, there was an “inherent bias in favour of the ICSE and CBSE board students’’. Such a bias arose because of marks and without casting any aspersions on whether the ICSE and CBSE was liberal in its correction of papers, Desai said it was well known that languages were tough-scoring subjects. While SSC has three compulsory languages, the other boards had only two. Besides, students in ICSE had the advantage of dropping mathematics if they were weak in it while it was a compulsory subject for SSC. “Whether it was because of different curricula, choice of subjects or the exam pattern, some amount of normalisation was felt necessary,’’ Desai said, adding that the adequacy of material before the state can’t be the bone of contention. “The formula has been applied uniformly and there was no reason to disturb it now. Maybe the state can come up with a better method and it should if necessary, but no student is going to be denied admission and the percentile formula—as it stands—does not shock the conscience,’’ he said. Advocate P M Pradhan who represented the petitioner, an ICSE student, began by again reiterating that the argument of two compulsory languages against three for the SSC holds no water to warrant a normalisation pattern. The bench of Chief Justice Swatanter Kumar and Justice A P Deshpande was shown several Supreme Court judgments by government lawyer Jyoti Pawar to reinforce its decision.
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30 Jul 2008, 0316 hrs IST,TNN
http://timesofindia.indiatimes.com


Couple moves HC to end pregnancy
http://timesofindia.indiatimes.com/Mumbai/Couple_moves_HC_to_end_pregnancy/articleshow/3303893.cms
MUMBAI: A medical practitioner and a couple from Bhayander have moved the Bombay high court challenging a rule that bans abortions after the 20th week of pregnancy. The couple—identified in court papers only as Mr X and Mrs Y, who is 25 weeks pregnant—has urged the court to allow the abortion after they discovered that their unborn child suffers from a congenital heart condition. A division bench of Justice J N Patel and Justice K A Tated on Tuesday constituted a committee headed by the dean of JJ Hospital to examine the pregnant woman and submit a report by Friday, when the court has scheduled the matter for hearing. The petition, filed by Goregaon-based gynaecologist Dr Nikhil Datar and the couple, has taken recourse to the extraordinary jurisdiction of the court under Article 226 and the fundamental right to life of Article 21 of the Constitution to plead their case before the court. The Medical Termination of Pregnancy Act—enacted in 1971 with a view to prevent female foeticide—prohibits abortions beyond 20 weeks of pregnancy, which is the time when the sex of a foetus can be determined. For any violation of the law, a couple can be punished with an imprisonment of between two and seven years. Mrs Y, who is pregnant with her first child, during a routine diagnosis in her 24th week, discovered that her unborn child was suffering from a congenital complete heart block. According to the opinion of a paediatrician, once born, the baby would immediately require the placement of a pacemaker, which usually has a life of four-five years. This means that the child would require at least five pacemaker replacement surgeries throughout life. Doctors opined that this would “seriously compromise the life of the child’’ and also expressed fears of a possible “intra-uterine death of the foetus’’. The petition further said that Mrs Y, who is a school teacher, “does not want to have a compromised quality of life for her own child and cannot afford the extraordinarily expensive treatment, which may or may not give results’’. Dr Datar also claimed that he had come across many such cases. He said due to the stringent law, many women in a similar situation, go to quacks “seeking unsafe abortions and risking their own life’’. The doctor also pointed out that in the United Kingdom, medical termination of pregnancy is permitted up to the 26th week. The petition has urged the court to strike down the provision which bars abortion after 20 weeks, and allows such medical termination of pregnancy in cases where the life of the mother or the child is in danger.
30 Jul 2008, 0347 hrs IST,TNN
http://timesofindia.indiatimes.com


HC to hear all petitions on a single day
http://timesofindia.indiatimes.com/Nagpur/HC_to_hear_all_petitions_on_a_single_day/articleshow/3303961.cms
NAGPUR: Concerned over numerous hardships faced by citizens due to increased load-shedding, the Nagpur bench of the Bombay High Court, comprising justices Dilip Sinha and A P Bhangale, plans to hear all litigations filed against the power problem on a single day on Thursday. The division bench on Tuesday came down heavily on the state governement, criticising it for not being able to manage and plan power generation as well as distribution. The court has asked the government to consider privatisation of power. The bench also directed the counsels of the Maharashtra State Electricity Development Company Limited (MSEDCL) and state government, to bring all facts and figures regarding actual generation and distribution along with measures to improve and reform its generation and distribution when the hearing takes place on Thursday. The court observed that citizens from Vidarbha expect that power generated from plants in the region should be utilised for the region first and then distributedf to other areas in the state. The court also asked the respondents counsel to give details about distribution of power to industries in Vidarbha. R K Deshpande was the counsel for MSEDCL, while additional government pleader Bharti Dangre appeared for the state government.
30 Jul 2008, 0411 hrs IST,TNN
http://timesofindia.indiatimes.com