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Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

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Monday, March 31, 2008

CJI calls for "guidelines" for journalists

Asserting that "freedom of expression... is not a sole aim of society," India's Chief Justice K G Balakrishnan today called for "guidelines" for journalists."I hope," Justice Balakrishnan said opening a workshop, "that... participants will be able to come out with guidelines that would be most valuable to journalists while reporting." The Workshop on Reporting Court Proceedings by Media and Administration of Justice for Legal Correspondents / Journalists is being held amid growing media interest in what goes on in courts.Indian courts are backlogged, with close to 30 million cases pending, many for years, even decades, essentially implying that rule of law, as some may understand it, must wait its turn.To boot, while government experts advocate a three-or-four-fold increase in the number of judges - currently numbering around 14,000 - vacancies abound even in the meagre strengths in place.Such contradictions may ordinarily mean little to a lay citizen, but they end up having a bearing on his or her life, liberty and interests, when cases go on and on and on.As Justice Balakrishnan put it, "about 10 or 15 years back, the media was not paying much attention to the court proceedings though the decisions given by the courts had far reaching effect on the life, liberty and rights of the people." He said media's role "has radically changed and it greatly helped the common man to understand the nature and contents of our judicial proceedings." He said the workshop was a unique experiment "by which we wanted to inculcate some ideas to some of our young talented representatives of the Print and Electronic Media." Justice Balakrishnan recalled how the proponents of freedom of expression thought that if there is a freedom of trade in the market of ideas, truth will grapple with falsehood and truth will prevail ultimately."Truth was always considered to be on encounter with error and became victorious in that encounter," he said, adding that "it was assumed that freedom of expression may be relied on to supply true facts to people because false facts will soon be discovered and discredited.UNIindlawnews.com; Saturday, March 29, 2008

CJI for mediation, resolving disputes at pre-litigation stage

NEW DELHI: It is the duty of the judiciary to see that people do not lose faith in it and resort to violence to show their dissatisfaction, Chief Justice of India K G Balakrishnan said on Saturday, favouring mediation as an alternative to litigation. Referring to recent examples of vigilante justice, he said alternative dispute resolution (ADR) could help share courts' burden and ensure that people's confidence in the judicial system "does not get eroded." "It is our duty that people shall not resort to violence and show dissatisfaction with the present system," he said. "The mindset of judges, lawyers and litigants needs to change to ensure some disputes are solved through ADR," Chief Justice Balakrishnan inaugurating an international conference on Alternative Dispute Resolution attended, among others, by Lord Chief Justice of England and Wales N A Phillips. "For this, the rules should be flexible and friendly for the litigants... and lawyers should also play a constructive role," he said, suggesting a system where case can be settled at pre-litigation stage. Supreme Court judge Arijit Pasayat said with 13 judges for a population of million the mind boggling arrears of cases in the country did not come as a surprise. He said the legal fraternity wasn't solely responsible for the pendency of cases and pointed to the need to upgrade infrastructure in courts. We need infrastructure for courts for their effective functioning so that it could be said "while justice delay is justice denied, justice hurried is not justice buried."
THE TIMES OF INDIA; 29 Mar 2008, 1644 hrs IST , PTI

No longer fruits of adultery

A recent SC judgement on the rights of children of live-in parents has raised questions about the sanctity of marriage in todays times, says Vimla Patil.


A recent Supreme Court bench headed by Justice Arijit Pasayat, decreed that children born of a long live-in relationship can no longer be called 'illegitimate' or 'fruits of adultery'. It recognised them as equal heirs to their father's property. This judgement has raised many debates on its repercussions on the institution of marriage, joint family property and the rights of children born to married couples. "Hindu Succession Law has hitherto laid tremendous emphasis on the institutions of family and marriage," says former Justice of the Supreme Court of India, Sujata Manohar, "Now this latest judgement has created a new dimension to this law by giving inheritance rights to children born of 'live in' couples who are not legally married but have lived in a 'marriage like' arrangement for a length of time. The effects of this judgement is yet to be checked out in our conventional and traditional society. It seems to me that the judges have looked at the children of such live-in arrangement as 'innocent' non-participants in their parents' decision to live without a legal marriage. And they opine that such children should not suffer financial deprivation. But how this will affect children born of legal marriages is yet to be seen."
Justice Arijit Pasayat admitted that his judgement on the inheritance rights of a child born of a live-in arrangement will probably influence future judgements in similar cases and be debated for months in the media and legal circles.Relief or trouble?"On the face of it, giving financial relief to children who have done no wrong seems a forward looking move," says Nisha Vahia, a mother who is currently in a live-in arrangement, "As our society enters the 21st century, new arrangements between men and women come to light. For various reasons — including caste or religious differences or previous marriages without divorces — couples decide to live together and have children. Long-term live-in arrangements are like marriages and can be treated as such in a legal definition. But then, what happens to children who are born of one-night stands or short liaisons? They are also innocent and do not know why their parents brought them into the world if they had no intention of being together in a marriage. So there will be mothers seeking property shares for such children too.” There is bound to be some confusion as to who are the benefactors. How long should the parents have lived together to qualify their children for the property share? How many children should get this share? For instance, if a man has a legal wife (divorced) and one child, and his live-in partner has four children, will the major part of his wealth go to the children of the live-in arrangement? What about live-in partners where the man is a Muslim or a Christian? Which laws will apply to the children where the live-in parents belong to different systems of law? These are confusions raised by the current judgement. Probably, clarifications will come in time. Sarla Doshi, a staunch opponent of the judgement, says, "This judgement challenges the institution of marriage. For millenniums, every society has sanctified the union of a man and woman with the sacrament of marriage. In our country, by marrying into a family, a woman not only becomes a wife and mother, but also a part of the larger family and is considered to have many rights, which are not necessarily financial. This judgement should not encourage couples to go for this kind of arrangement as in the long run, it will weaken our society with children being brought up by foster parents or in government homes.”Is marriage sacred?"Live-in arrangements are by their very nature fragile," says Suryakanta Mehta, a young lawyer currently training in a Mumbai firm, "What is the assurance that a man will be loyal to his partner? There are men who refuse to acknowledge their out-of-wedlock progeny. If a man is inclined so, he can father several children by many women. Will the court then give property rights to all such children? How can the law distinguish between children born of long-term live-in relationships and short-term or one-night liaisons? Such a law is discriminatory and may not do any good to our society.”Young people in metro cities, however, feel that the SC's approval of a live-in relationship. is a step forward in social reform. This seal of approval will help live-in couples to hold their chins up in more ways than one, they feel.
DECCAN HERALD; Saturday, March 29, 2008

HC directs Govt to consider shifting convict

Chennai (PTI): The Madras High Court on Friday directed the Tamil Nadu Government to consider shifting a convict lodged in the Vellore prison to some other jail, preferably Puzhal near Chennai, following his allegations of solitary confinement and torture by prison officials.
A Division Bench of Justice D Murugesan and Justice V Periyakarupiah passed the interim order based on a report filed by the Principal District Judge (PDJ), Vellore, as directed by the Bench on March 25.
If the statement by Ganesan was true, all was not well with the prison officials, the bench observed.
Ganesan also alleged lack of food and charged officials with obtaining his signature forcefully on blank papers.
The Bench directed the officials not to lodge Ganesan in solitary confinement or obtain siatures on blank papers.
However, the Bench said, it was not making final opinion as to the allegations levied by Ganesan in his statement and said they would be considered at the time of passing orders, after the state gave its counter, and posted further hearing of the case to April 4.
The Bench had directed the PDJ to enquire Ganesan and submit a report after two advocates, one of them his counsel, filed petitions alleging he was tortured and they were denied permission to meet him.
Ganesan had earlier filed a case with the HC that his wife Nathiya was gangraped by four prison officials last year when she had come to meet him.
The missing girl was traced to Tirupur. She later said she was not married to Ganesan. The Government Doctor at Vellore also certified Nathiya was a virgin. Following this, the court came down on Ganesan for filing a "false case".
THE HINDU; Friday, March 28, 2008

HC allows ED to proceed against Natwar

NEW DELHI: Delhi high court on Friday gave the green signal to the Enforcement Directorate to proceed against former external affairs minister Natwar Singh and his son Jagat Singh for alleged foreign exchange violations in the Iraqi oil-for-food scam, holding that the procedure followed by the ED was right. "The procedure followed by the adjudicating authority (ED) did not suffer any infirmity to call for our interference," a bench comprising Justice T S Thakur and Justice Kailash Gambhir said while dismissing the father-son duo's petitions. Vacating the stay imposed by it against ED's proceedings against Natwar and his son, the court directed them to appear before the ED on April 24 to defend themselves in alleged FEMA violation cases. The Court passed the judgment on petitions filed by them challenging ED's proceeding against them as copies of all the documents related to the scam were not provided to them.

THE TIMES OF INDIA; 29 Mar 2008, 0142 hrs IST , TNN

Pension arrears' non-payment irks HC

PATNA: Taking strong exception to the non-payment of pension arrears to the retired teachers of Patna University (PU), the Patna High Court on Wednesday observed that the teachers who have rendered valuable services to society do not deserve this shabby treatment in the evening of their lives. The court ordered that all the pension arrears of retired teachers for the period from April, 1997 to December, 2001, should be paid within two months failing which the HRD secretary would be handed out appropriate punishment on June 23 when the court re-opens after summer vacation. Hearing a contempt petition filed by the Patna University Retired Teachers' Association, Justice V N Sinha of Patna High Court ordered immediate payment of the arrear since there is no discrepancy and there is no evidence of any irregularity during the period in question, in the audit report. The judgement applies to all those teachers of PU who retired or died prior to January 1996. PU vice-chancellor and Registrar and HRD secretary and higher education director were present in the court. Pleading on behalf of the retired teachers, Gyanand Roy, advocate, informed the court that similar retired teachers of other universities of Bihar had been paid all their arrears, including gratuity at revised rate. While Magadh University was sanctioned Rs 24 crore for payment of pension arrears to its retired teachers, PU received only Rs 3.34 crore against its actual requirement of Rs 21 crore. Welcoming the decision of Patna High Court, association president B V N Sinha and secretary S K Ganguli appealed to the government to implement the court order at the earliest and save the retired teachers from unnecessary harassment.
THE TIMES OF INDIA; 29 Mar 2008, 0152 hrs IST , B K Mishra , TNN

Nand Lal won't give in, moves HC over House verdict

MUMBAI: A fresh round of confrontation between the state election commissioner Nand Lal and the political establishment is on the cards. After spending a night in prison on orders of the state assembly, Mr Lal on Friday challenged the legislature’s decision to punish him, before the Bombay high court. Mr Lal, who has been at loggerheads with chief minister Vilasrao Deshmukh for quite some time, accused him of political vendetta and declared a war on the chief minister. Mr Lal, who was kept in Arthur Road Jail where underworld don Abu Salem is also lodged, has challenged his conviction. The Maharashtra assembly on Thursday approved a resolution, sentencing the former IAS officer to two days ‘simple custody’ following the report of the House Privileges Committee in a breach of privilege matter against him in 2006. The committee had summoned Mr Lal on January 16, seeking a reply on the allegation that he breached state assembly’s privilege by his order in 2006 that elections to the local bodies shall be conducted by election commission, not the state government. Mr Lal refused to appear personally, but sent a written reply. The committee rejected the reply as it was not signed by him, and recommended on Thursday that he should be sentenced to seven days’ civil custody for his absence. Soon after the House passed the resolution, Mr Lal was picked up by policemen in plain clothes from his first floor office opposite Mantralaya and taken to the jail in central Mumbai. He was released at 10.30 am on Friday, much before his two-day term was over. Explaining the logic behind Mr Lal’s early release, a Vidhan Bhavan official said “He was sentenced to two days simple custody and not to 48-hour simple custody. He was taken into custody before sunset yesterday which was counted as the first day of his sentence. He was released after sunrise, which was counted as second day of his sentence.” Shortly after coming out of the jail, Mr Lal, blasted the chief minister for “exerting pressure through intermediaries to de-reserve Mr Deshmukh’s Latur constituency in Marathwada region.” He dubbed the punishment meted out to him as “arbitrary and against principles of natural justice”. THE ECONOMIC TIMES; 29 Mar, 2008, 0313 hrs IST, TNN

PPSC chief moves HC crying vendetta

CHANDIGARH: Yet another addition was made on Friday to a long chain of pleas in the high court against Punjab government accusing it of carrying out vendetta. This time, it was by SK Sinha, chairman, Punjab Public Service Commission (PPSC). Stating that present chief minister Parkash Singh Badal and his close aides, including vigilance director Sumedh Singh Saini, were hell-bent on implicating him in some case, Sinha prayed for relief against arrest. The petitioner submitted before the division bench, headed by chief justice Vijender Jain, that till the plea was pending, interim directions should be issued to respondents, including DGP and home secretary, to give 10 days' notice before arresting him in any case to be registered against him anywhere in Punjab by any state agency. "The notice has been sought in case any case is registered against the petitioner by the state of Punjab, Punjab vigilance bureau, Punjab police or any other state agency," said Sinha's counsel, barrister Himmat Singh Shergill. Sinha was principal secretary in the previous Congress government and considered quite close to former CM Amarinder Singh. It was during this tenure of Sinha's that cases under Prevention of Corruption Act were registered against the present CM and others. "Ever since, Badal (respondent no 4) has come to power, he has been vindictive towards his political adversaries and those bureaucrats who held important positions in Capt Singh's government," said Sinha in his petition. While Sinha was appointed chairman of PPSC on May 8, 2006, he submitted before the court that a few months after the present CM came to power, PPSC's power to make selections to various posts, including DSPs, tehsildars, excise and taxation officers were withdrawn. Punjab government had requested Union Public Service Commission to recruit officers to state services. But after UPSC's refusal, the state government had contemplated filling up vacant posts in the cadre through promotion. But, this effort, too, failed.
THE TIMES OF INDIA; 29 Mar 2008, 0254 hrs IST , TNN

HC stays proceedings against Devisingh Shekhawat

Nagpur (PTI): The Bombay High Court has stayed the proceedings of a court in Buldana district while admitting a petition of Devisingh Shekhawat, husband of President Pratibha Patil, in a case of alleged suicide by a teacher.
The petition was admitted in the Nagpur Bench against process issued by the Jalgaon-Jamod Court under IPC sections 34 (acts done by several persons in furtherance of common intention) and 306 (abetment of suicide).
Justice Arun Choudhary yesterday rejected pleas of Shekhawat for adjournment of petition on the ground that the plea can be amended and additional grounds incorporated.
The petition was adjourned time and again since April 11, 2007 and was constantly listed for admission.
The case relates to an alleged suicide by Kisan Dhage, a teacher in a school run by an educational institute, Vidya Bharti Shikshan Sanstha, headed by Shekhawat in Amravati.
Dhage was transferred outside Amravati and he subsequently committed suicide on November 15, 1998.
His widow, Mangala Dhage, had filed a private criminal complaint against Shekhawat, his two brothers and other office-bearers of the institute, holding them responsible for the step taken by her husband.
THE HINDU; Saturday, March 29, 2008

HC upholds selection of 700 police SIs

Chennai, March 28: The Madras High Court today upheld the selection of nearly 700 police Sub-Inspectors (SIs) by the Tamil Nadu Uniformed Services Recruitment Board during March last year.
A Division Bench comprising Mr Justice S J Mukhopadhaya and Mr Justice M Venugopal upheld the selection and dismissed a batch of writ appeals filed by the non-selected candidates, including one M Arul Manimaran, a grade-II police constable.
Dismissing the petitions, the Bench observed that there was no malpractices in the selection process.
''There were no malpractices. The selections were made purely on merit and the selected candidates were undergoing training'', it added.
The writ appeal was filed before the Bench after the single Judge headed by Mr Justice K Venkatraman had on November 11 last year upheld the selection process held in March last year.
In their writ appeal, they contended that till 1979, the Tamil Nadu Public Service Commission (TNPSC) was the selection authority for the post of SIs. Thereafter it was conducted by the State Director General of Police after the formation of Tamil Nadu Uniformed Services Recruitment Board in 1991, which was only a substitute for TNPSC and the Board has its own procedure in conducting the examinations.
While selection, the Recruitment Board had not followed the well-established procedures, the petitioner claimed.
Alleging that there were huge malpractices in the selection, especially in awarding marks in the interview, the petitioners sought to quash the selection list and include their names in the selection list. -Bureau Report Chennaionline.com; Published: Saturday, March 29, 2008

Another judiciary, legislature clash looms over arrest

NEW DELHI: Another "legislature versus judiciary" confrontation looms in the wake of the Maharashtra assembly refusing to accept court notices in a petition filed by election commissioner Nandlal against his arrest. Legal experts are unwilling to hazard a guess on the outcome but have drawn parallels with the recent stand-off when Parliament, led by Lok Sabha Speaker Somnath Chatterjee, bluntly refused to answer notices and summons on petitions filed by MPs disqualified by the House in the cash-for-query scandal. Senior advocate K K Venugopal saw it as a "traditional stand-off" which had clear guidelines laid down by the SC in Keshav Singh case. While refusing to speak on the specifics of the case, he suggested that the court had the competence to intervene in situations similar to one that Nandlal finds himself in. "If life and liberty of a citizen are violated with respect to his action outside the House, then the court can examine if there is a breach of privilege or not," he said. Subhash Kashyap, constitutional expert, said there was a clear impression of the election commissioner having been victimised. He agreed that "assembly has the power to do what it has done", but added that action against Nandlal smacked of "misuse of power". While finding the breach of privilege as "overreaction", as it has to be used in rarest of rare cases, Kashyap said it was well within the judiciary's jurisdiction to intervene in the case.
THE TIMES OF INDIA; 29 Mar 2008, 0129 hrs IST , TNN

Notice to Centre, States over Forest Act

On a State subject, does Parliament have right to distribute land rights?
Will law correct historical injustice or perpetuate tribals’ plight?
New Delhi: The Supreme Court on Friday issued notice to the Centre, States and Union Territories on two petitions challenging the constitutional validity of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The ‘Forest Bench’ comprising Chief Justice K.G. Balakrishnan and Justices Arijit Pasayat and S.H. Kapadia issued notice after hearing amicus curiae Harish Salve on the petitions filed by the Bombay Natural History Society and Wildlife First and others.
Questions of law
The petitioners said important questions of law were involved: whether the Act, was beyond the legislative competence of Parliament; whether Parliament had the right to distribute land rights when land was a State subject; whether natural heritage/ecology/biodiversity/natural resources including forest land would fall within the expression ‘right to life and liberty’ guaranteed under Article 21; and whether the law, notified in January this year, would actually correct a historical injustice or in reality perpetuate the situation in which tribals were forced to live at the subsistence level.
The petitioners pointed out that the tribals had no access to public health facilities, education, power, sanitation and the public distribution system, and no source of income or livelihood other than selling or transferring the land that might be allotted to them under the Act.
They sought a declaration that the Act was beyond the legislative competence of Parliament and that the rights to be conferred on tribals and forest dwellers were ultra vires Article 14 (equality before law). THE HINDU; Legal Correspondent Saturday, Mar 29, 2008

Legal twist to Cipla’s SEZ issue

Developers Meditab, K. Raheja file petition in HC challenging Goa Govt
Hard hit
Cancellation, after according permission, would hit the finances of the developer as preliminary work would have started.
Cipla has already invested about Rs 200 cr at the site.
The Special Economic Zone (SEZ) imbroglio in Goa has taken a legal turn. Meditab Specialities Pvt Ltd, developer of the SEZ in Goa where Cipla was to set up its plant, has filed a petition at the Goa Bench of the Bombay High Court challenging the Goa Government on its recommendation to scrap its SEZ.
Cipla’s Chief Executive Officer, Mr Amar Lulla, confirmed the development, and told Business Line that the developer had filed a petition last week asking the Goa Government why it had recommended to the Centre that the SEZs be scrapped.
The SEZ where Cipla’s plant was to come up was notified. Cipla had about 60 acres of the total 600 acres under Meditab, he clarified.
Cipla’s Goa project had been announced by its Chairman and Managing Director, Dr Yusuf Hamied, at the company’s last annual general meeting. The company was to invest Rs 400 crore in a facility to make aerosols, capsules and tablets.
An official familiar with the development said Cipla has already invested about Rs 200 crore at the site. The company had, in the past too, approached the Goa Bench of the Bombay High Court seeking protection at the site where work was being halted by protesting locals, Mr Lulla affirmed.
Besides Cipla, real-estate developer K. Raheja, too, is facing public ire for developing an SEZ, despite having Government approvals. They also have reportedly resorted to legal recourse, questioning the Goa Government’s decision to scrap its SEZ.
Peninsula Land Ltd, developers of one of the three notified SEZs in Goa, are also “evaluating all options”, Mr Rajeev Piramal, its Executive Vice-Chairman told the paper. While the notified SEZ is for biotech purposes, the real-estate company has two other SEZs (biotech and gem/jewellery) that it has got approvals for, he added.
Totally, about 15 SEZs in Goa had received in-principle approvals. But local protests brought work to a halt at the SEZ sites, triggering hectic parleys between the Centre and the Goa Government.
Since SEZs come under both the Centre and State, the State before forwarding its proposal should have evaluated the impact it would have on local people, observes Mr Pankaj Renjhen, Managing Director, Jones Lang LaSalle Meghraj.
Cancellation, after according permission, would hit the finances of the developer as preliminary work would have started. Governments should objectively address the issue, while there is no denying the fact that agriculture is important, arid and wasteland are also available in abundance, he points out.
P.T. Jyothi Datta S. Shanker
Mumbai, March 28

THE HINDU- BUSINESS LINE

SC issues notice to Medha Patkar

New Delhi (PTI): The Supreme Court on Friday issued a notice to Narmada Bachao Andolan activist, Medha Patkar, and 120 others on MP government's plea challenging a High Court order on paying them compensation in connection with their arrest and detention after a protest last year.
A Bench headed by Chief Justice K G Balakrishnan sought a response from Patkar and others on the state government's plea seeking a stay on the High Court order for paying a compensation of Rs 10,000 each to the 121 agitators who were arrested and detained in jails in Badwani and Indore on July 25 last.
The state government contended before the apex court that the agitators were produced before the Sub-Divisional Magistrate and were granted bail but could not be released as they had failed to furnish the bail bond.
THE HINDU; Friday, March 28, 2008

SC asks Posco to approach Orissa govt for mines

DELHI: The Supreme Court on Friday asked South Korean steel major Posco to approach the Orissa government for allotting demarcated mining area for its proposed Rs 51,000 crore mega steel plant. A special environmental bench headed by Chief Justice K G Balakrishnan asked Posco India Pvt Ltd, a subsidiary of Korea-based Posco, to approach the state to execute lease for a captive and demarcated mine. However, it was not convinced with Posco's counsel Mukul Rohtagi's argument that state government-owned Orissa Mining Corporation (OMC) had agreed to supply uninterrupted iron ore and other minerals for its 12 million tonne steel project. "There is a tie-up with OMC to give raw materials. The mines are not earmarked. This way the project will take 5 years to come up. The mines which have been identified are 300 km away from the project site," he said. Senior counsel Harish Salve, who is assisting the court in the matter, said "the Posco's huge plant would involve a large land as it would need huge quantity of raw material." Salve cited the Vedanta Alumina case in Lanjigarh, Orissa, which also faced the problem of raw material after setting up the project. Despite being commissioned, the plant was idle for the past more than six months due to environmental clearance for its mine. The world's third largest steel producer Posco-Korea, while seeking permission to set up the mega steel plant and a captive port, said it had entered into an MoU on June 22, 2005 with the Orissa Government for the steel plant at Paradeep. THE ECONOMIC TIMES; 28 Mar, 2008, 2110 hrs IST, PTI

Ranbaxy may run changed Volini ad: SC

NEW DELHI: The Supreme Court on Friday allowed pharma major Ranbaxy Laboratories to air its advertisement on its topical pain reliever Volini only after incorporating certain changes. The advertisement in its present form allegedly disparaged "Moov", the pain reliever brand belonging to its rival group Ahmedabad-based Paras Pharmaceuticals. A bench headed by Justice S H Kapadia disposed of the matter with an interim direction permitting Ranbaxy to continue its advertisement only after deleting word ‘asli’ (genuine) from its advertisement. "We direct the petitioner, Ranbaxy, to delete the word ‘asli’ from its advertisment and the advertisement of Ranbaxy to continue," the bench said. However, it refused to direct Ranbaxy to change the colour of the pack, which resembled Moov in the ad.
THE TIMES OF INDIA; 29 Mar 2008, 0007 hrs IST , PTI

HC takes up Dalmiya's perjury case against BCCI, Pawar

Kolkata (PTI): The Calcutta High Court on Friday took up a perjury case filed by former BCCI chief Jagmohan Dalmiya against BCCI and its president Sharad Pawar for allegedly producing false documents before the court.
Justice Nadira Patheriya directed that the matter would be heard on April 18.
This comes just two days after Dalmiya, charged with misappropriating Rs 2.90 crore during his tenure, was arrested and immediately released on bail at Mumbai.
The Economic Offences Wing (EOW) of Mumbai Police has also filed an over 5,500-page chargesheet against Dalmiya and two others after investigating the case filed by BCCI.
The perjury case was filed by Dalmiya on July 20, 2007 on the day the High Court had declared that his suspension from the Board was illegal.
The former top boss of Indian cricket had alleged in the perjury case under Section 340 of Criminal Procedure Code that the Board had submitted false documents before the court.
Apart from the Board and Pawar, the perjury case was filed against Niranjan Shah, Shashank Manohar and Chirayu Amin -- all top functionaries of the present BCCI management.
Dalmiya's lawyer Arindam Banerjee alleged that the Board had placed forged documents before the High Court regarding condonation of time of application for the registration of an amendment to BCCI's Clause V of Rule 38, which relates to punitive action against a member of the Board.
He claimed the Board had wrongly claimed to have got permission from the Tamil Nadu Societies Registration body to register the amendment at a later date.
THE HINDU; Friday, March 28, 2008

HC puts off plea on temple lands

HYDERABAD: Following protest from a special government pleader asking the court not to entertain arguments on the report of a judicial commission, whose findings have yet to be accepted by the government, the High Court on Thursday posted the petition pertaining to temple lands to a further date. When the matter pertaining to the encroachment of temple lands came up, senior counsel S Ramachandra Rao handed over to the bench a copy of the report of Justice A Venkatarami Reddy who had submitted a report to the state in June 2006. When Rao was quoting instances from the report, special government pleader A Satya Prasad objected and told the bench it was unfair to discuss on a report whose contents have not yet been accepted by the government. The bench then posted the matter to a further date.

THE TIMES OF INDIA; 28 Mar 2008, 0310 hrs IST , TNN

HC accepts Shekhawat's plea

NAGPUR: The Nagpur bench of Bombay high court on Thursday admitted a petition filed by Devisingh Ramsingh Shekhawat, husband of President Pratibha Patil. Justice Arun Choudhari also stayed the lower court proceedings at Jalgaon-Jamod in Buldhana till the pendency of petition in high court. Shekhawat had sought quashing of criminal proceedings against him in an abetment to suicide case. The case pertained to alleged suicide by Kisan Dhage, a teacher in a school run by Vidya Bharati Shikshan Prasarak Mandal. Dhage had ended his life on November 15, 1998 at Songaon village in Buldhana district and allegedly blamed Shekhawat and three others for harassment. Court seeks govt view on Batta commission report: The court in another case directed the state government to either file its objections on Justice R K Batta commission's report or the document would be treated as final. Justice R K Batta had looked into 100 cases in which surplus government land was allotted to politicians allegedly flouting the law. A division bench of justices Bilal Nazki and B P Dharmadhikari granted two weeks time to government to file a reply. During last hearing, the court had asked the government to study and give its opinion in the cases mentioned in the report. The court also sought details of the action that the government is contemplating on the alleged discrepancies mentioned in the report. Enumerate steps to prevent entry of stray animals: The Nagpur bench of Bombay high court on Thursday asked the state government about the steps it proposed to take for preventing the entry of stray animals inside public utility premises like hospitals. The court's directions came while hearing a petition on dogs eating an infant inside Government Medical College and Hospital, due to alleged negligence of hospital authorities. The incident happened on August 2006, when a pregnant woman Laxmi Mohan Dhurve gave birth to a female child in GMC's waiting room. However, when she was sleeping with her baby, stray dogs mauled and ate the flesh of the infant. The half-eaten body was later found near GMC's X-ray department.
THE TIMES OF INDIA; 28 Mar 2008, 0409 hrs IST , TNN

Why only Blueline? DTC gets HC notice

NEW DELHI: Wondering why DTC buses involved in accidents should not be subjected to same treatment like its Blueline counterparts and be impounded — to be released only on payment of fine — Delhi High Court on Thursday issued notice to DTC asking it to come up with its reply why it should be treated differently, by April 8. Focussing its attention on DTC, a division bench of Justice Mukul Mudgal and Justice Reva Khetrapal, which has taken suo moto cognizance of Blueline deaths and taken steps to prevent accidents, wondered why the DTC too, cannot be penalized for causing deaths and grievous injuries in accidents. The Bench made it evident that it was toying with the idea of subjecting DTC buses to the same fine amount being levied on Bluelines. When the DTC counsel replied that the rate of accidents caused by the corporation's buses compared to the Bluelines was very low and therefore, they need not be impounded, Justice Mudgal remarked, you need not worry because you won't have to pay much."
THE TIMES OF INDIA; 28 Mar 2008, 0331 hrs IST , TNN

HC hauls up cops for summoning Riz

KOLKATA: Why did police summon Rizwan and Priyanka to Lalbazar when they knew that the couple was married? The question came from none other than Justice Dipankar Datta during the hearing of the Rizwan "murder case" in Calcutta High Court on Thursday. Counsel for the accused police officers, Samaraditya Pal, kept silent. He said he needed a day to answer the question. The court will take up the matter again on Friday. Pal pleaded with the court that it was becoming difficult for his clients to defend themselves without getting a copy of the CBI report that has nailed the police officers in connection with the unnatural death of the graphic designer. The counsel saw it as an infringement on the rights of the accused. Justice Datta, however, wanted the counsel to ascertain facts first. He wanted to know from him why police had summoned Rizwan and Priyanka. Pal replied that police did it following a complaint from the Todis at Lalbazar. The judge also asked the counsel to throw some light on the nature of the complaint. The defence counsel said he did not have a copy of the complaint as it has been handed over to CBI. "It was a ‘missing complaint' and it's now with CBI," said Pal. Justice Datta then asked him to explain why police acted upon a missing complaint when the couple had informed police about their marriage on August 31. "You knew about the marriage. Then why did you summon the couple?" asked the judge. He also told the counsel to come clean on the intention of the police. The judge also wanted the counsel to deny that the police did not have the faintest role in breaking up the marriage. In reply, the counsel said police only wanted the two families to make peace. Replying to another question on police commissioner Prasun Mukherjee's press conference, Pal blamed the media for distorting what Mukherjee had said. Though he had submitted a copy of what Mukherjee had actually told reporters that day, the judge wanted Pal to tell the court what the commissioner had actually said. "He didn't say it was a suicide. He said it is apparently a suicide. Media deleted apparently and put it straight, as if Mukherjee had said it for sure," Pal said. Justice Datta then asked him to provide the relevant video footage in support of Mukherjee's claim. Pal said he could not because he did not possess those. At this point, Riwan family's lawyer Kalyan Banerjee offered to produce the footage. The high court allowed it. The case will be heard again on Friday when Pal is likely to conclude his submission.
THE TIMES OF INDIA; 28 Mar 2008, 0452 hrs IST , TNN

State prolongs legal battle, HC snubs

CHANDIGARH: No hopes can rest on a legal system that takes light years to decide a person's fate. Worse still, when the person is dead and gone. Realizing this grim reality, the Punjab and Haryana High Court has sounded the warning bell for governments to stop mindless prosecution at the cost of public money. Triggering the court's anger is a case that has been dragging in the HC because of Punjab government's refusal to bow out despite being on slippery grounds. "It is a sheer abuse of law by the state which has been filing discriminating appeals after appeals," asserted the division bench comprising chief justice Vijender Jain and justice Jaswant Singh. The case stems from a plea filed by ML Kaushal, now dead, way back in 1985 crying for justice. While the much-harassed sub-divisional engineer with Public Works Department faced a barrage of corruption charges on the issue of construction of a storage tank, he was found "not guilty" by a vigilance inquiry in 1982. Despite being exonerated, higher-ups imposed a punishment of censure on Kaushal and he was subsequently ignored for promotion. In what amounted to an obvious prejudice against Kaushal, there was no regular departmental inquiry conducted against him ever. This vital fact seemingly captured the bench's attention, making it wonder as to "how the punishment of censure was awarded by the vigilance in the absence of a regular departmental inquiry". However, the state preferred an appeal against the HC order in 2003 which came after 18 years of the writ filed by Kaushal. The bench observed that the appeal against the HC order "does not raise even a single question of law". What makes the situation really poignant is that Kaushal is dead even as the appeal is still pending. Hopefully, his family will be adequately compensated by the state as desired by the bench too. THE TIMES OF INDIA; 28 Mar 2008, 0136 hrs IST , Vishal Sharma , TNN

HC notice to Centre, TN govt on shortage of stamps

Madurai (PTI): Madras High Court Bench here has asked the Central and Tamil Nadu government to consider the possibility of allowing payment of court fee through demand draft or by cash in view of shortage of stamps.
Treating as a public interest litigation a petition by the Madurai Bar Association to the Chief Justice, a Division Bench comprising Justice Prafulla Kumar Misra and Justice P Murugesan ordered notice to the state Chief Secretary and the Controller of Stamps of the Union Government.
The Chief Justice had referred the petition to be heard as public intrest litigation.
Bar association President Dharmaraj and Secretary Ramasamy said their work was being affected due to lack of stamp papers and court fee stamps. They sought a directive to arrange for adequate supplies of stamp paper and stamps.
They said their repeated request to the Treasury officer here did not evoke any response.
The government advocate said temporary arrangements had been made for ensuring availability of stamps in adequate quantity and assured that supply of stamps would be increased.
The case had been posted to April 17 for next hearing.
THE HINDU; Friday, March 28, 2008

Oil-for-food scam: Delhi HC rejects Natwar's plea

The Delhi High Court has rejected plea of former External Affairs Minister K Natwar Singh and his son Jagat seeking all the documents in the Iraqi Oil-for-food scam available with the government.Vacating the stay on the proceedings initiated by the Enforcement Directorate (ED) against the two, the court directed them to appear before the ED on April 24.
Press Trust of India
Friday, March 28, 2008 (New Delhi)NDTV.com

HC lifts stay on ED action against Natwar

New Delhi (PTI): The Delhi High Court on Friday vacated its stay on proceedings initiated by the Enforcement Directorate (ED) against former External Affairs Minister Natwar Singh and his son Jagat Singh for alleged foreign exchange violations in the Iraqi oil-for-food scam.
Directing them to appear before the ED on April 24, a bench comprising Justice T S Thakur and Justice Kailash Gambhir also rejected the father-son duo's plea seeking copies of all the documents, related to the scam, available with the government.
The Court was hearing their petition challenging an order by a single judge bench which rejected their plea seeking copies of all the documents related to the scam.
The Court on August 6 last year had reserved its order on the petition after hearing both the sides.
The ED had in September 2006 issued show-cause notices to the former minister and his son along with four others for alleged violation of Foreign Exchange Management Act in the scam. THE HINDU; Friday, March 28, 2008

Maharashtra EC moves HC

Mumbai (PTI): Maharashtra Election Commissioner Nand Lal has challenged his conviction by the State Legislative Privilege committee before the Bombay High Court, saying it was arbitrary and against principles of natural justice.
The petition has been posted for hearing before division bench of Chief Justice Swatanter Kumar and Justice J P Deodhar on April 1.
Legislative Privilege Committee had summoned Nand Lal on January 16, seeking reply on the allegation that he breached State assembly's privilege by his order in 2006 that elections to the local bodies shall be conducted by Election Commission, not the state government.
Nand Lal refused to appear personally, but sent a written reply. Committee rejected the reply as it was not signed by him, and recommended that he should be sentenced to seven days' civil custody for not being present.
The assembly approved it, but reduced the sentence to two days.
Nand Lal's lawyer Shrihari Aney said that if privilege committee wanted to punish him for non-appearance, it should have given him a separate notice, and another hearing.
THE HINDU; Friday, March 28, 2008

Plea on ailing inmates’ plight

Cuttack, March 27: Human rights activist Prabir Kumar Das has moved Orissa High Court to put an end to the practice of shackling ailing prisoners to hospital beds during treatment.
Das, a practising advocate of the high court Bar, has written a letter to Chief Justice citing example of the “abominable practice”, especially in cases of Pravat Mallick and Rabi Das, prisoners who were undergoing treatment for diarrhoea at Puri district hospital.
Even women, the letter added, are not spared of the iron shackles that cause chafing. Prisoners have to seek permission to use the lavatory, the lawyer said, mentioning the case of Sanjulata Sahu, who was kept chained and manacled to bed rails while under treatment at the hospital for a similar stomach disorder.
“It is a matter of grave concern that this practice has become routine and regular in Orissa, even as it violates human rights guaranteed under Article 21 of the Constitution,” the letter stated, seeking judicial intervention in the matter.
Converting it into a PIL today, the two-judge bench of Chief Justice A.K. Ganguly and Justice B.N. Mohapatra directed the government to take notice of the letter and reply within three weeks.
“I was moved to seek judicial intervention after reading media report with photographs of prisoners placed in general wards of a hospital, but chained to their beds in April 2007,” said Advocate P.K. Das, talking to The Telegraph.
“The practice insults human decency and serves no purpose. There can be no excuse for continuing with the practice as it’s superfluous, since prisoners in hospitals are guarded round the clock anyway.”
The PIL assumes significance as it makes it clearer, the need to expand hospital facilities for prisoners.
The Telegraph; OUR CORRESPONDENT

PIL in apex court against TRS-forced polls

HYDERABAD : A prominent advocate and a Dalit leader from Eluru have approached the President of India, the Chief Justice of the Supreme Court and the Chief Election Commissioner, complaining that the Telangana Rashtra Samiti is wasting public money by unnecessarily forcing by-elections. The Andhra Pradesh United Lawyers Front president, Mr G. Ronald Raju, and a Dalit leader, Bejjam Rajesh Puthra, appealed to the Chief Justice to consider their complaint a Public Interest Litigation. In their petition, they said that the TRS leaders were tendering resignations again and again and were forcing frequent elections despite being elected to serve five years. They demanded that the TRS be de-recognised and its MPs, MLAs and MLCs who tendered resignations recently be barred from contesting the upcoming bypolls.The four TRS MPs, K. Chandrasekhar Rao, Vinod Kumar, Ravindra Naik and Madhusudhana Reddy, resigned from the Lok Sabha on March 3 to protest against the Congress not taking initiative to form a separate Telangana. In addition, 16 TRS MLAs also resigned from the Assembly citing the same reason. All the TRS leaders were planning to contest from the same constituencies in the ensuing bypolls to prove the strength of the Telangana sentiment. Through this, they were wasting crores of rupees and were making a mockery of the constitutional spirit and democratic values, the complaint said.
andhracafe.com; Updated: 03-28-2008

Indian workers in US meet Sen, demand CBI probe

After marching for hundreds of miles to protest ''slave-like treatment'' at a Mississippi shipyard, nearly 100 Indians, who claim they were tricked into coming to the US, met Indian envoy Ronen Sen.They demanded a CBI probe into the alleged human trafficking by recruiters and steps to prevent abuse of workers under H2B visa programme.The embassy and the Indian government will go extra mile in taking care of workers' safety, security and dignity, Sen told the workers who reached the Indian embassy carrying placards and shouting slogans after their 1,500-km ''journey for justice'' that began in New Orleans on March 18.The Indian ambassador met the workers, who had quit Signal International plant in Pascagula in Mississippi on March 6 alleging they were being forced to live and work under inhuman conditions.He, however, reminded them that they cannot breach established diplomatic protocol by directly interceding with such agencies like the Federal Bureau of Investigation, the Immigration and Customs Services or the Department of Justice.The workers, who narrated their experiences to Sen, demanded an investigation by the Central Bureau of Investigation into the case.''I will convey this request,'' Sen said.The workers, however, said they needed more than symbolic assurance.''What we need is action, not just symbolic assurances,'' said R Pazhambalakode.Signal, meanwhile, sought to put the blame on recruiters, saying it had fired Global Resources after it learnt that it had deceived workers by demanding highly excessive fees and making false promises about green card.

NDTV.com; Press Trust of India
Friday, March 28, 2008 (Washington)

Kamath on his way out as Govt gets Prasar Bharati Bill passed

The Government got the Prasar Bharati (Broadcasting Corporation of India) Amendment Bill 2008, passed by the Lok Sabha, after it drew heavy flak for bringing in an ordinance to amend the Prasar Bharati Act, days before the current Parliament session was to commence.
The move was seen as an attempt to ease out current Prasar Bharati Chairman M V Kamath.
The Bill, introduced by Information and Broadcasting Minister Priya Ranjan Dasmunsi, proposes to fix the upper age limit for the board chairman at 70 years and to cut the tenure of the office from six years to three. Appointed during the NDA regime, Kamath is an octagenarian and has been in office since 2003.
In contrast, the Bill seeks to raise the upper age limit of the executive members on the Board from 62 years to 65 even while bringing down their tenure from six years to five.
Significantly, the Bill also proposes that once the Act comes into effect, the incumbent in the Chairman’s office will cease to hold office if his appointment is inconsistent with the provisions of the Act and will “not be entitled to any compensation because of his ceasing to hold such office”.
Explaining the reason for fixing the maximum age for Chairman and cutting down his tenure by half, the statement of objects and reasons listed in the Bill says that this would ensure “appointment of comparatively younger talent and experience” and “help to bring diversity of experience at the top level for the benefit of the organisation”.
But several MPs questioned the grounds for the Bill during a discussion on the statutory resolution moved by Samajwadi Party MP Mohan Singh against the ordinance. “I do not see the need for an ordinance to increase or decrease the ages of chairman and executive members,” Singh said, kicking off the debate.
Questioning the “wisdom of bringing in so many ordinances”, Shiv Sena MP Suresh Prabhu asked the Government to explain the urgency that led them to move it. “It looks as if the ordinance was issued to get rid of one person,” Prabhu said.
BJP MP Rasa Singh Rawat saw a “mala fide intention” in the move, and said it was similar to the one relating to the removal of AIIMS Director Dr P Venugopal. “The Government has issued an ordinance for such a small matter?” he said.
For once, the CPI(M) and BJP spoke in the same voice, with CPI(M) MP Varkala Radhakrishnan accusing the UPA Government of making the House a rubber stamp of the executive”.
Dasmunsi, however, reiterated that the Government move was not about “one man”. “In August 2008, we have the Commonwealth Youth Games in Pune, for which the Prasar Bharati has been chosen as the dedicated host broadcaster. With all regards to the current incumbents, we felt that you cannot get a professional and competent CEO if you seal his age limit at 62 years,” the minister said, trying to explain the Bill.
Dasmunsi added that after studying examples the world over, he had concluded that competent CEOs were in the age group of 65 years
Raghvendra Rao Posted online: screenindia.com, Friday , March 28, 2008 at 1159 hrs

SC asks Gujarat govt to set up SIT within 10 days

NEW DELHI :The Supreme Court on Wednesday asked Narendra Modi government to set up a Special Investigation Team (SIT) within 10 days headed by the former CBI director RK Raghavan to probe the major Godhra riot cases. The court asked the probe panel to complete its fresh investigation into such cases within 3 months. It will also include the one in which Mohd. Rafudan Ansari and another person are named as the accused who torched the Sabarmati Express at Godhra, leaving 59 dead. A bench comprising Justice Arijit Pasayat, Justice P Sathasivam and Justice Aftab Alam said, the SIT “shall inquire, investigate/further investigate into these cases”. The court asked the probe panel to submit its report in a sealed cover within three months. The SIT would be free to evolve its own modalities for the purpose of carrying out investigations into the cases. Needless, to say the SIT would also be free to record the evidence of any witnesses it deems necessary for arriving at its conclusions and the State Government should provide all necessary support and infrastructure for the purpose, court said. Besides Mr Raghavan, the five-member team would comprise former DGP of Uttar Pradewsh CB Satpathy and three senior police officers from Gujarat Geeta Johri, Shivanand Jha and Ashish Bhatia. Ms Johri will be the convernor of SIT, apex court ordered. She headed the investigations into the fake encounter killings of Sohrabuddin Sheikh and his wife Kauser Bi in 2005 and was at the centre of a controversy after being removed from the probe team allegedly at the behest chief minister Narender Modi. But Ms Johri was reinstated in May last year by the apex court which asked why she was removed from the investigations into the murder of Sheikh, an alleged gangster facing TADA charges. While ordering for the constitution of SIT, the apex court talked tought on the religious fanatics. “Religious fanatics do not belong to any religion they are worse than terrorists.No religion teaches hatred. If in the name of religion people are liquidated then essentially it is a slur and blot on the society,” the court said. It said that communal harmony was the hallmark of democracy. Appreciating the stand of the Gujarat government that it was not opposed to any further investigations into the cases, the Bench said it only “fortified” the view that the State prefers to be “transparent” in its approach to the issue. The court passed the order on a bunch of petitions filed by the National Human Rights Commission, NGOs and on behalf of the riot victims which had sought transfer of the trial of the riots’ cases outside Gujarat and further investigation or re-investigation by the CBI. The petitions were filed after several witnesses turned hostile amidst allegations of threat, coercion and inducement to derail the investigation. These cases mainly relate to the alleged killings of minorities in places like Godhra, Gulberg Society, Naroda Gaon, Naroda Patya, Sardarpura, ODH and Deepla Darwaza. The court also took into account the plea of senior counsel Harish Salve who assisted as amicus curaie in the matter. In his written note Salve had said that the trials in cases of Gulberg Society, Ode, Sardarpura, Naroda Gaon and Patiya was stayed by the apex court over 3 years back. “One way could be to have some independent agency examine the allegations relating to Gulberg Society incident in the first instance, at least, or all these major cases together are investigated, so that the veracity of the mutual allegations is established, and/or the allegations now made in relation to the conduct of the police, based upon the CD’s” said amicus written note. The Gulberg Society located in the eastern part of the capital city of Ahmedabad had witnessed the killing 39 persons and missing of 31 people as per FIR. It includes the brutal killing of Congress Rajya Sabha MP Ehsan Jafri in the 2002 riots. Salve talked about the allegations that the two CDs with more than 5 lakh entries were lying with the Gujarat police which are now with the Nanavati-Shah riots panel. These CD’s, it is alleged, contain records of all cell phone calls made in Ahmedabad over the first five days of the riots which saw the worst incidents. Salve further said that the State has been unable to explain on the appointment of some persons as public prosecutors, one of whom had even appeared for the accused, the manner in which bail was granted to those accused of heinous offences, and the approach of the State in the matter. “It is submitted that the present cases are those of communal violence. It is indisputable that these cases represent, in the least, a breakdown of the constitutional machinery for preservation of the public order in the State” said Salve.
THE ECONOMIC TIMES; 27 Mar, 2008, 0315 hrs IST, TNN

SC dismisses Dunlop's plea against eviction

New Delhi (PTI): The Supreme Court has dismissed Dunlop India's plea challenging its eviction from a property occupied by it since 1972 at a prime locality in Mumbai.
The bench headed by Justice B N Agarwal upheld the Bombay High Court order, which asked the company to vacate the flat and pay mesne profits to the owners. Mesne profits are sums of money paid for the occupation of land without permission.
The Court of Small Cause had also held that Dunlop was attempting to avoid eviction from the valuable flat admeasuring about 1,700 sq ft situated at Khar Road, Mumbai.
Tyre maker Dunlop India had contended that the premises was occupied by it as an irrevocable licensee and not as monthly tenants and it had become the owner of the premises by adverse possession as it had completed more than 15 years from the date of expiry of lease.
It further said it was a sick company under the Sick Industrial Company (Special Provisions) Act, 1985 and it does not have a paid-up capital of more than Rs one crore.
The public limited company had challenged the eviction notice issued in September 2001 on the ground that the provision of the Maharashtra Rent Control Act 1999 cannot be implemented retrospectively since there was no provision in the Act to do so. Dunlop said in its petition that its vested right under the 1947 Act cannot be taken away by a subsequent legislation.
Senior citizens Nandiram Tahilram Mulchandani and others had moved the Court of Small Cause seeking recovery of the premises and mesne profits.
The flat was rented out to Dunlop in September 1972 for two years with an option of renewal for a further period of one year at the monthly rent of Rs 1,500. However, the owners had terminated Dunlop's tenancy in 2001.
THE HINDU; Thursday, March 27, 2008

DDA considering plea on alternative site for Appu Ghar, SC told

New Delhi (PTI): Appu Ghar, an amusement park in the Capital which was closed last month, may make a comeback with a new address.
The DDA on Thursday informed the Supreme Court that an application filed by the amusement park authorities for an alternative site was under consideration.
Senior advocate Arun Jaitley, appearing for International Amusement Park Limited (IAPL) which ran the Appu Ghar, told a Bench headed by Chief Justice K G Balakrishnan that DDA was yet to respond to the application for providing a new site for the amusement park.
The counsel appearing for DDA said the application was under consideration.
The apex court, which on February 19, had asked the owners of the popular amusement park to hand over its leased land to the Court and Delhi Metro Rail Corporation (DMRC), agreed to a suggestion to defer the hearing on the matter till third week of April.
The apex court had asked the Centre to file an affidavit on the possibility of providing alternative site to the IAPL.
Senior advocate P H Parekh, appearing for Supreme Court Bar Association (SCBA), submitted that the court had clarified that the issue of alternative site would not come in the way of handing over the possession of the land.
Additional Solicitor General Gopal Subramanium said that some payment was pending against the owners of the amusement park with India Trade Promotion Organisation (ITPO) which could be settled by sitting across the table.
The Centre had earlier informed the court that it had already issued a notification on February 7 by which the land had been declared as a government office (plot) and it ceased to be a recreational place.
THE HINDU; Thursday, March 27, 2008

British Indian Muslims welcome SC ruling on Gujarat

London (PTI): British Indian Muslims on Thursday welcomed the Supreme Court's order setting a 10-day deadline for Gujarat government to constitute a special team to "inquire and investigate" into 14 cases related to the 2002 communal riots, including the Godhra train carnage.
"We welcome this move and congratulate the Supreme Court for this decision that will reinforce the beliefs of Indian Muslims and other minorities in the judicial system and rule of law," the Council of Indian Muslims (CIM) Chairman, Munaf Zeena, said in a statement.
However, "... these orders will strengthen their shaken belief and will improve the image of India on the world scene as a country where fascists, regardless of their status, cannot escape justice," the statement said.
THE HINDU; Thursday, March 27, 2008

Sunday, March 30, 2008

SC judgement proving a hurdle: Govt

A Supreme Court judgement on limiting the reservations for the Scheduled Tribes (ST), Scheduled Castes (SC) and others communities within 50 per cent has been impeding the efforts to grant ST status to the six ethnic communities of the State. The State Government is leaving no stone unturned to facilitate ST status to these ethnic groups, which include the Tai-Ahoms, the Morans, the Mataks, the Chutiyas, the Koch-Rajbongshis and the Teagarden and Ex-teagarden communities. The State Government would soon be able to provide a white paper on the issue.Replying to a question from Ramendra Narayan Kalita (AGP) Minister for Welfare of the Tribals, SC and Other Backward Classes Pramilarani Brahma made the above statements in the State Assembly today. She argued that because of the above judgement of the apex court, even the unanimous resolutions of the State Assembly urging the Central Government to grant ST status to these groups failed to prevail upon the Centre. She further said that faced with such a situation, the Chief Minister had now proposed development councils for these ethnic groups.The State Government has written nine letters to the Union Government on the issue and even suggested amendment to the country’s Constitution to accommodate these ethnic groups in the ST category. A sub-committee is now examining the issue and soon the Government would be able to provide the members of the Assembly with copies of a white paper on the issue, she said. She also told the House that the State Government would consider the issue of according ST status to the plains tribes in the hill areas and vice versa.Besides Kalita, Girindra Kumar Barua and Josheph Toppo of the AGP, Ananta Deka of the CPI-M, Akan Bora of the Congress and Kamal Singh Brahma of the BPF also took part in the discussion on the issue putting supplementary questions.The Minister also told the House in reply to a separate question put by Jyotiprasad Das (AGP) that elections to the Rabha Hasong Autonomous Council would be held after the Assembly endorsing the amendments proposed to the Rabha Hasong Autonomous Council Act. The amendment bill is placed before the House during its current session, she said.
THE ASSAM TRIBUNE; By A Staff Reporter GUWAHATI, March 26

HC grants interim relief to Virk

CHANDIGARH: Riding the plank of political vendetta, former DGP SS Virk got an interim relief against arrest till April 2 from the Punjab and Haryana High Court on Wednesday. "Notice of motion to respondents, including Punjab home secretary and DGP, through AG, Punjab, for April 2. In the meantime, if any case is registered against the petitioner during this period, the petitioner shall not be arrested," read the order by Justice HS Bhalla. The order came in the wake of preliminary hearing on the blanket bail plea of Virk. Virk, a 1970-batch IPS officer of Maharashtra cadre, prayed for grant of pre-arrest bail under section 438 of CrPC or grant of 10 days' advance notice in any case likely to be registered against him in Punjab by any agency of the Punjab Police. Following the pattern of previous pleas filed by him, the petitioner expressed fears that he might be implicated in one matter or the other as has been done in the past. Stressing that he was one of the highly decorated police officers of the country and yet was being hounded out by the Akali government, he submitted that the "concept of politically non-aligned bureaucracy is incomprehensible to Parkash Singh Badal". It was also averred that a personal tirade was launched against the petitioner. The petition also mentioned Vigilance director Sumedh Singh Saini. It was averred in the petition that Saini "cannot be trusted to head vigilance bureau and ensure its independent and professional functioning. "Importantly, it was alleged that the Badal government had proceeded to restructure the police and bureaucratic set-up to achieve certain ulterior motives. "Saini is charged with offences under sections 342, 343, 364 and 120-B of IPC and a representation against him has also been made to the Prime Minister on January 22, 2007,"the petitioner submitted. The petitioner also highlighted the fact despite the state counsel admitting that his name did not appear in the FIR 98, registered in Kharar police station, filed by Mohinder Kaur, reportedly a war widow, the case found mention in the charge-sheet submitted against him in the court of special judge, Ropar. Significantly, the Punjab counsel also referred to this FIR in their reply filed before the CAT's Chandigarh Bench where the petitioner had challenged his suspension. The petitioner also stressed that his suspension had been quashed by the CAT ‘s Mumbai bench.

THE TIMES OF INDIA; 27 Mar 2008, 0211 hrs IST , TNN

HC order gives relief to Sridevi

MUMBAI: Former big-screen diva Sridevi got some relief on Wednesday from the Bombay high court which put on hold proceedings against her in an alleged cheque-bouncing case filed by film financier Sushil Gupta. The actor had filed a criminal complaint against Gupta alleging that her signatures were forged on the cheques and on her letterhead. Observing that the two cases "overlapped on facts", the court directed the police to carry out a handwriting analysis to verify the authenticity of the signature on the cheques and first complete the probe into the more serious charge of forgery made by Sridevi. Justice A P Deshpande passed the order while hearing a petition filed by Sridevi seeking a stay on the criminal proceedings for cheque-bouncing, pending in the metropolitan magistrate's court, till her complaint was thoroughly probed first. She has three cases pending—two in Kurla court and one in Girgaum court—filed against her for allegedly issuing dud cheques for Rs 9 crore. The cheque-bouncing complaints against here were filed by G G Photo Limited owned by Sushil Gupta who also trades in raw stock. Sridevi's counsel in the HC, Amit Desai stated that the cheques in both cases were common. He said that for the last five months, the police had been dragging its feet and failed to take possession of the cheques from Gupta for a handwriting check to ascertain the signatures. He argued that when the police asked for the cheques last November, the accused refused to hand them over and now five months later the police still did not take any steps to get them "despite the seriousness of the forgery offence". Forgery attracts up to ten years in jail on conviction. Aabad Ponda, lawyer for the Guptas, raised technical grounds to oppose the plea for a stay on the cheque-bouncing case. He said, "These two transactions do not relate to the same offence and therefore there should be no stay." toireporter@timesgroup.com
THE TIMES OF INDIA; 27 Mar 2008, 0309 hrs IST , TNN

HC orders status quo on GO shifting labour welfare boards

Chennai, Mar 26: The Madras High Court today ordered status quo on a Government Order (GO) shifting the unorganised Labour Welfare Boards from the Labour to the Revenue Department.
Tamil Nadu Construction and Unorganised Labourers Union represented by its General Secretary K Annadurai and Kattumana Thozhilalargal Katchi represented by its Founder-President R Rajagopal filed a petition in the High Court praying for quashing the GO and declaring the move as contrary to the law.
In the petition, they said a GO was issued by the Department of Labour shifting 14 Unorganised Labour Welfare Boards functioning under it to the Revenue Department effective from April 1.
The powers to register employees and process their representations had been shifted which was contrary to the law, the petitioners said.
They also submitted if the powers of the Labour Department are shifted to Revenue Department, the unorganised labourers would be affected.
They will harassed while receiving their entitlement and other benefits by moving back and forth from one department to other the petitioners.
Also, representatives of the Labour sector were not consulted before the decision was taken nor were members of the Welfare oard taken into confidence.
Heavy work burden was cited as the reason for the move. This was contrary to facts, the petitioners said and sought quashing of the GO.
Justice A Kulasekaran admitted the petition and ordered the government to maintain status quo. He also directed the government to respond within four weeks. - Bureau Report
Chennaionline.com; Published: Thursday, March 27, 2008

HC bench reduces jail term to 62-year old man

Madurai, Mar 26: Madurai Bench of the Madras High Court today reduced the seven-year rigorous imprisonment awarded to a 62-year old man, who in a fit of anger damaged some furniture at a local court and berated onlookers.
Considering the age of the accused and the nature of offence, Justice A Selvam said the sentence period of 22 months and 24 days already undergone by the former would be sufficient to meet the ends of justice and ordered his release.
Allowing a criminal revision petition, Justice A.Selvam of the high court, however, he confirmed the conviction of the accused Kannan (name changed).
He was found guilty of barging into the Nagercoil District Munsiff Court premises and setting ablaze a vendor's table and then berating the onlookers on Oct 17, 2005.
Convicting him under IPC Sec 436 (mischief by fire) 450 (trespass) 506 (criminal intimidation), Nagercoil Additional Assistant Session Judge had sentenced him to seven years RI under each section. He was also sentenced to three years RI under Sec 294-H (for uttering obscene words in a public place).
Later, on July 3, 2007 the first appellate court after reappraising the evidence available on record confirmed the conviction order by the trial court, but reduced the sentences to four years of RI - Agencies
Chennaionline.com; Published: Thursday, March 27, 2008

Delhi HC asks I&B to file Broadcasting Code within 4 weeks

The Delhi High Courthas directed the Information and Broadcasting Ministry to consider the representations of the four media organisations - Indian Broadcasting Foundation, News Broadcasters Association, Indian Media Group and Editors Guild - on the code of content for the broadcasting.A bench headed by Chief Justice M K Sharma directed the ministry to consider the representations of the media bodies and file the follow up report within four weeks.The court's direction came on a petition filed by an NGO 'People for Cause' for raising the illegality and grievances challenging the unchecked depiction of violence, sex and obscenity in the media which is against the values of Indian traditions. The petitioner said irrational use of pornography, sex, sensuality and obscenity, freely displayed and published, is an offence under section 293, 292, 294 of the IPC.The petitioner urged the court to intervene and direct the authorities to frame complete guidelines for controlling this practice urgently.The court had earlier directed the government to discuss with the media organisations and frame guidelines and submit the action taken report.The ministry had last year tried to bring a content code but had to defer the move after strong protests by broadcasters who felt the code would stifle the broadcast media. A content code committee was also formed by the ministry in consultation with the media groups.The ministry submitted its views along with content code committee's final report in the court yesterday after deleting several objectionable clauses which were incorporated earlier. The matter will come up for next hearing on May 14.
UNIIndlawnews.com; Wednesday, March 26, 2008

Court should be last resort for raising issues: HC

New Delhi, Mar 26: The Delhi High Court today said that a court should be considered as the last resort by petitioners to raise issues, like illegal constructions, which can be resolved at other levels.Coming down heavily on an NGO seeking its direction to seal and demolish unauthorised construction in the Capital, the court said “Things are not so bad that you have no other place to go to raise your problems and get it rectified. There is Parliament where you can raise the issue. Media is also very active in highlighting the cause.” A bench comprising Justices T S Thakur and Siddharth Mridul also questioned the petitioner’s purpose behind filing the PIL.“What have you done so far for public interest. What are your grounds for claiming to be an activist to raise these issues,” the Bench asked the petitioner.“Once it (such a petition) comes to our notice, we would let it go,” the Bench said adding that it would not entertain such petitions.“We also want that Delhi should become a good place to live but we have our limitations,” the Court said while posting the matter for tomorrow to pass the formal order.The Bench was hearing a PIL filed by Saaransh Welfare Association seeking directions to civic agencies to check unauthorised constructions and to ensure maintenance of community centres. SAHARASAMAY; Posted at Wednesday, 26 March 2008 21:03 IST

Court should be last resort for raising issues: HC

SAHARASAMAY; Posted at Wednesday, 26 March 2008 21:03 IST
New Delhi, Mar 26: The Delhi High Court today said that a court should be considered as the last resort by petitioners to raise issues, like illegal constructions, which can be resolved at other levels.Coming down heavily on an NGO seeking its direction to seal and demolish unauthorised construction in the Capital, the court said “Things are not so bad that you have no other place to go to raise your problems and get it rectified. There is Parliament where you can raise the issue. Media is also very active in highlighting the cause.” A bench comprising Justices T S Thakur and Siddharth Mridul also questioned the petitioner’s purpose behind filing the PIL.“What have you done so far for public interest. What are your grounds for claiming to be an activist to raise these issues,” the Bench asked the petitioner.“Once it (such a petition) comes to our notice, we would let it go,” the Bench said adding that it would not entertain such petitions.“We also want that Delhi should become a good place to live but we have our limitations,” the Court said while posting the matter for tomorrow to pass the formal order.The Bench was hearing a PIL filed by Saaransh Welfare Association seeking directions to civic agencies to check unauthorised constructions and to ensure maintenance of community centres.

HC pulls up Centre for noncompliance of its order

New Delhi (PTI): The Delhi High Court on Wednesday pulled up the Centre for not filing its response in connection with a PIL seeking direction to it to provide reservation to physically challenged persons in the government jobs.
A Bench comprising Justices T S Thakur and Siddharth Mridul rejected the governments contentions that the petitioner did not supply the relevant documents to it.
"The order was passed three months back and you are raising the issue now. Did you complain to the petitioner for not getting it," the Bench said.
The petitioner's counsel, however, contended that the copy of the petition was supplied to the Centre and its allegation was wrong.
The Bench was on the verge of imposing cost on the Centre for non compliance of its order but it gave last chance to it after its counsel submitted that reply would be filed within two days.
The court, however, expressed surprised on the government's promptness in filing the reply and said, "Can the government file the response within two days?"
The court, while hearing a PIL filed by National Federation of Blind, had directed the government on January 15 to file its response on why reservation for physically challenged persons were not given in the Staff Selection Commission examination to be conducted on March 30.
The petitioner contended that the SSC had published an advertisement for the recruitment of 60,000 employee in Group C category but it was silent on the reservation to disabled persons. THE HINDU; Wednesday, March 26, 2008

PIL on Miri Piri medical institute

CHANDIGARH: The high court on Wednesday adjourned the hearing to March 28 on a PIL raising the issue of alleged illegal transfer of assets of SGPC-run Miri Piri Institute of Medical Sciences and Research in Shahabad-Markanda town of Haryana. The division bench, headed by justice Vijender Jain, also directed the petitioner's counsel to submit a copy of the lease-deed and documents related to thecase. The PIL sought directions to restrain the SGPC from transferring the assets to a 12-member trust which has Punjab chief minister Parkash Singh Badal, SGPC chief Avtar Singh Makkar, SGPC's former chief Bibi Jagir Kaur, Dr KS Chugh and Punjab advocate general Hardev Singh Mattewal as members. The counsel for petitioner Miri Piri College Bachao Sangharsh Samiti argued that the SGPC under the Sikh Gurdwara Act, 1925, had no power to sell or transfer its assets to any one. It was so because the SGPC itself was a trustee for managing the properties of the Sikh religious shrines held primarily in the name of Guru Granth Sahib and not an individual, the counsel submitted. Importantly, the institute is being built at a cost of over Rs 100 crore out of which Rs 77 crore are being raised as a loan from the Punjab and Sind Bank. THE TIMES OF INDIA; 27 Mar 2008, 0213 hrs IST , TNN

Jaya aide fined Rs 2.3 crore for FERA violations

Chennai: AIADMK leader Jayalalithaa's aide Sasikala and her relative V Bhaskaran have been found guilty by a court of FERA violations and were fined Rs 5.7 crore in two different cases filed by the Enforcement Directorate (ED). While Sasikala was fined Rs 2.3 crore, Bhaskaran was slapped with a fine of Rs 3.4 crore.
An official press release said the cases pertained to payments made to Intersputnik, Moscow, and Singapore Telecom, Singapore, as transponder charges by the now-defunct J Jay TV Private Limited to the tune of 10,45,000 Singapore dollars in 1996.
Sasikala and Bhaskaran were the directors of the company.
The ED had registered cases against the company and its directors in 1996-97 for violating FERA provisions but the directors had filed a series of writ petitions in the Madras High Court and obtained stay on the adjudication proceedings.
The stay was vacated in June 2005 but the directors filed writ petitions against the vacation of the stay, which were dismissed in September, 2007.
The cases were recently disposed of by the Adjudicating Authority which also imposed a penalty of Rs 4.5 crore on the company, besides fines on Sasikala and Bhaskaran, the release added.
J Jay TV private limited and its directors had acquired foreign exchange abroad without RBI permission in violation of FERA to the tune of 10,45,00 Singapore dollars and used the money for paying the transponder and uplinking charges to the Moscow and Singapore firms, the release said.
sifynews.com; Thursday, 27 March , 2008, 00:57

14 riots cases: SC gives Gujarat 10 days to set up SIT

New Delhi (PTI): The Supreme Court on Wednesday set a 10-day deadline for the Gujarat government to constitute a five-member special investigation team (SIT) headed by former CBI chief R K Raghavan to "inquire and investigate" 14 cases related to post-Godhra violence in 2002.
The cases include the one in which Mohd Rafudan Ansari and another person are named in FIR No 09/2002 as the accused who torched the Sabarmati Express at Godhra, leaving 59 dead.
The SIT "shall inquire, investigate/further investigate into these cases," a bench headed by Justice Arijit Pasayat said while directing it to submit its report in a sealed cover within three months.
The court's directives follow a bunch of petitions filed by the National Human Rights Commission, individuals and NGOs which had sought transfer of the trial of the riots' cases outside Gujarat and further investigation or re-investigation by the CBI.
The petitions were filed after several witnesses turned hostile amidst allegations of threat, coercion and inducement to derail the investigation.
The SIT would be free to evolve its own modalities for the purpose of carrying out investigations into the cases, the apex court said.
Besides Raghavan, the team would comprise former DG of UP Police C D Satpathy and three IPS officers from Gujarat -- Geeta Johri, Shivanand Jha and Ashish Bhatia. Johri will be the SIT convener.
Johri headed investigations into the fake encounter killings of Sohrabuddin Sheikh and his wife Kauser Bi in 2005 and was at the centre of a controversy after being removed from the probe team allegedly at the behest chief minister Narender Modi.
THE HINDU; Wednesday, March 26, 2008

HC for suspension of former LDA V-C

LUCKNOW: Uttar Pradesh's food commissioner Harbhajan Singh faces suspension for contempt of court when he was vice chairman of Lucknow Development Authority (LDA). Singh's suspension was ordered on Tuesday by the Allahabad High Court, which also issued a bailable warrant againsit him for making wrong claims in the court about a land acquisition in Lucknow. The court asked the state government to place Singh under suspension "forthwith for wilfully flouting the court's order". The order was passed on a contempt petition against three senior officials filed by a Lucknow resident, who said the Lucknow Development Authority acquired his land in the city without a notification. But, in a statement, submitted before the court by the state government, it was claimed that no land was acquired without issuing a notification. It was, however, revealed later that the petitioner's land was taken without notification under the Land Acquision Act and the compensation paid.
THE TIMES OF INDIA; 26 Mar 2008, 0247 hrs IST , TNN

List of 'corrupt' babus given to HC

HYDERABAD: The state government on Tuesday submitted to the AP High Court a list of 10 IAS officers against whom it dropped charges of corruption between 2004 and 2007. Complying with an earlier directive of the court following a petition filed by IAS officer Md Shafiquzzaman, the government gave the list. The government already gave the names of six officers against whom corruption charges were dropped in 2002 and 2003. The petitioner is seeking details of IAS officers against whom the state withdrew charges despite a recommendation from ACB and other agencies to prosecute them. The following are the names of the IAS officials furnished to the court by K G Krishna Murthy, government pleader for general administration department: Vinod Kumar Agarwal, form commissioner, tribal welfare; G Narendranath, form settlement officer, Visakhapatnam; S Bhale Rao, former principal secretary, health; R S Goel, former AP labour commissioner; Priyadarshi Dash, former MD, AP State Trading Corporation; B Narasaiah, former director of employment and training; B Kripanandam, former secretary, board of intermediate education; D Vara Prasad, former RDO, Tenali; D R Garg, former secretary, AP social welfare residential educational institutions society; and G S G Ayyangar, former additional commissioner, municipal corporation of Hyderabad. The government counsel replied in positive when justice N V Ramana, after going through the final list, sought to know if this was the final one. Counsel for the petitioner, P V Krishnaiah, claimed that the information given by the state government was still inadequate in many respects. Krishna Murthy said the ACB had recommended departmental action against these IAS officers and that the government, after obtaining explanations from them, felt that no further proceedings were needed. The judge then gave the state two days time to file an affidavit that this indeed was the final list and that there were no further cases where such proceedings were dropped. Meanwhile, a division bench comprising chief justice Anil R Dave and justice R Subhash Reddy on Tuesday posted the case that sought a CBI inquiry into the revelations of former vigilance commissioner Rama Chandra Samal to three weeks. The petitioner in this case also expressed doubts about the integrity of several top officials in the state.
THE TIMES OF INDIA; 26 Mar 2008, 0400 hrs IST , TNN

Appoint CET principal soon: HC

CUTTACK: Controversy seems to dog the College of Engineering and Technology, Bhubaneswar, over nonappointment of a Principal-Director as per the All India Council for Technical Education (AICTE) criteria.Despite the instructions of the apex body governing technical institutions in the country as well as successive orders issued by the Orissa High Court, the authorities o f the State Government-run institute have failed to seat a principal, who possessed necessary qualifications and experience.And taking a stern note of the failure, the HC has again directed for appointment of a suitable person as principal. The appointment should be made “as expeditiously as possible in two months, latest by July,” the single judge bench of Justice AS Naidu ruled.The matter had been raised in the court through a writ petition filed by Reader in the college Niranjan Sutar last year. The erstwhile principal Prof SK Mishra was not eligible as he did not belong to the relevant discipline, he had alleged.Though the Court had ordered for action in the direction, he had been granted an extension by the authorities. With the court taking note again and issuing a contempt notice in December last year, Mishra’s extension was withdrawn and an in-charge principal in the form of Reader in Chemistry B.B. Patra was seated.The principal should be a Professor having 15 years experience of his relevant discipline.
EXPRESS NEWS SERVICE
Newindpress.com; Wednesday March 26 2008 09:16 IST

Delhi HC allows desealing of third floors in capital

The Delhi High Courthas allowed the Municipal Corporation of Delhi (MCD) to deseal the third floor of the buildings in the capital.A special bench of justices A K Sikri and Rekha Sharma said in view of the Supreme Court order, the MCD was allowed to deseal the third floor of the buildings which were earlier termed as unauthorised and sealed.The Supreme Court had allowed that the height of buildings can be raised upto 15 meters as against 12 meters earlier and permitted the third floor.The apex court was also examining the Master plan 2021 (MPD2021) which says that the height of the buildings should be 15 meters.Meanwhile, the 73 shop (basement) owners of the Greater Kailash M-block market have challenged the sealing of their premises in the Delhi High Court. The shopowners approached the court saying the MPD 2010 allows commercial use of the basements and their shops, which were lying sealed for the last one year now, should be de-sealed as the MCD act was arbitray and illegal, which did not even send show cause notice to them.They urged the court that they will abide by all norms laid down by the government of paying the mixed land use charges and will amend the deviations if any in the basements. The matter will come up for hearing on April 8.UNIIndlawnews.com; Tuesday, March 25, 2008

Rizwan death: HC asks for police inquest report

Kolkata: The Calcutta High Court on Wednesday asked the West Bengal government to produce the report of police inquest made after the discovery of the body of Rizwan-ur-Rahman, the computer graphics teacher, whose body was found beside railway tracks a month after his marriage to the daughter of an affluent industrialist.

Observing that the report has not been attached by the state in its affidavit to the court, Justice Dipankar Dutta directed it be produced by next Tuesday.
The report is supposed to include details like the position of the body when found, injury marks, identification marks and also the time and place of its discovery.
Earlier, former Kolkata Police Commissioner Prasun Mukherjee's lawyer submitted before the court that there was nothing wrong in the police summoning someone in connection with a complaint.
It had been claimed that Rizwan and his wife Priyanka had been summoned to the city police headquarters Lalbazar at the behest of Ashok Todi, father of Priyanka, and that the youth had been threatened there into sending back his wife to her father's house.
Mukherjee's counsel claimed that Rizwan had been requested to come to the police headquarters in connection with a complaint filed by Todi and that he had not been subjected to any kind of coercion there.
The matter would be heard by the court again on Thursday.
Sify.com;Wednesday, 26 March , 2008, 18:18

HC lifts stay on recruitment of teachers in DU

New Delhi (PTI): The Delhi High Court on Wednesday lifted a stay on recruitment of teachers in University of Delhi and two of its colleges after they informed the court that they have given three per cent seats to disabled candidates.
A Bench comprising Justice T S Thakur and Justice Siddharth Mridul, however, refused to lift the stay imposed on recruitment of teachers in 60 other colleges which have not implemented the Disability Act yet.
The stay was slapped in a year back while hearing a PIL seeking a implementation of the law on quota for disabled candidates for teaching posts.
With today's Court direction, 20 out of 80 colleges of the University have been allowed to recruit fresh teaching staff.
The court, on April 4, 2007, had restrained the University of Delhi and all its affiliated colleges, which failed to provide three per cent reservation for disabled candidates in the teaching department, from recruiting faculty members.
In the subsequent orders, the Court had allowed 18 colleges to go ahead with recruitments as they had inducted physically challenged teachers in their faculties in accordance with the Disability Act.
THE HINDU; Wednesday, March 26, 2008

HC issues notices to state, Centre and the accused in Godhra train carnage

Ahmedabad, March 25 The Gujarat High Court on Tuesday issued notices to the state government, the Centre and the accused in the Godhra train carnage, while hearing a writ petition challenging the recommendation that POTA charges levelled against all the 131 accused by the Central POTA Review Committee (CPRC) in May 2005, should be dropped.
The division bench of Justice M R Shah and J R Vora also ordered that legal proceedings in any other court should continue on the basis of the recommendations of the CPRC, if any interim order or direction arises out of the present writ petition, or till the matter gets decided. The notice has been made returnable by April 22.
The three-member CPRC headed by Justice (retd) S C Jain had recommended the withdrawal of terrorism charges against the accused on the ground that the Godhra train burning incident that left 59 dead, was not an 'act of terror' under Section 3(1) of the now-repealed POTA. However, the Gujarat Government had rejected the recommendations of the CPRC on June 10, 2005.
The CPRC's recommendations were challenged by Sardarji Maganji Vaghela, the father of one of the victims, first in the Supreme Court, which advised the petitioner to first approach the Gujarat High Court, as it was competent to hear the case.
The Committee's recommendations are being challenged on the ground that its findings on the subject are contrary to those of the investigating agency, and that it has failed to appreciate the material evidence in the case suggesting otherwise.
Advocate Vijay Patel, appearing for the petitioner said, "Other objections by us include the fact that the Committee has done the task of evaluation of the evidence, whereas its brief does not exceed beyond a prima facie examination of the evidence. Also the Committee has discarded certain material evidence in the case, which has been accepted by the trial court, the High Court and even the Supreme Court in cases related to the Godhra incident."
Express news servicePosted online: Wednesday, March 26, 2008 at 11:16:52Updated: Tuesday , March 25, 2008 at 11:39:37

Amend SEZ Act, CPI urges Centre

HYDERABAD: The Communist Party of India has demanded that the Centre amend the Special Economic Zones Act to remove the provisions declaring SEZ as a “foreign territory.”
It said all the laws of the land, including trade union rights, should be made applicable in the SEZs and the ‘unreasonable tax exemptions’ given to them should be withdrawn. The government should not acquire land for SEZs and it should, instead, ask the promoters to buy their own land from the market.
The party said the government should provide a level playing field to all industries as giving concessions only to those in SEZs would be detrimental to industries elsewhere. This would ultimately lead to their shifting or closure.
The 20th national congress of the CPI, in a resolution, expressed concern over the “reckless” manner in which the Centre was granting permission for SEZs.
Electoral performance
In the organisational report presented to the congress, the party expressed concern over its poor electoral performance, particularly in the Hindi belt. It had no representation in Punjab and Uttar Pradesh and lost significant ground in Bihar.
While an efficient and strong party organisation was important for taking a political line, the performance of the branches, the primary units that had direct links with the masses, was not up to the expected levels. On the fund mobilisation, the report expressed concern that the party’s elected representatives were being “used” by some people by paying money.
“We are trying to discourage this and want to ensure that collection of funds becomes the collective responsibility of the party,” CPI spokesman Shameem Faizee said, adding that the party would initiate measures to approach the masses for funds rather than allowing individuals to collect money.
In the light of the increasing number of drop-outs, the party decided to achieve 20 per cent increase in membership .
The Hindu; Wednesday, Mar 26, 2008

Actor proved ‘farmer’ status in Lucknow High Court, says revenue minister

The state government is convinced that 20th century India’s biggest film icon is also a farmer.
Actor Amitabh Bachchan will retain the 20 acres of land he had purchased some years ago near Lonavla, some 70 km from Mumbai. Maharashtra Revenue Minister Narayan Rane said on Tuesday that the state government would hand over the disputed land to the actor because he had proved his identity as a farmer in the Lucknow bench of the Uttar Pradesh high court.
Bachchan’s land in Pale village near Pavana dam had raked up a controversy after the Uttar Pradesh government had challenged authenticity of the Daulatpur land holding in Uttar Pradesh’s Barabanki district. Bachchan had submitted the Daulatpur land documents to Pune revenue officials while purchasing the Pale land because no person can buy agriculture land in Maharashtra unless he/she already owns farmland in the country.
Rane said the actor would get his land back as the Lucknow High Court had set aside the ruling of a lower court. When the matter was sub-judice in Uttar Pradesh, Bachchan had surrendered his land to the Pune Collector, and he had said in a letter: “I am willing to donate the land to dam-affected people in the area.”
But on Monday, Bachchan withdrew his earlier letter saying that he desired to retain the land for personal use, as reported in Hindustan Times on Tuesday (Bachchan does volte-face). Sub-divisional officer of Wadgaon Maval taluka, Sanjaysinh Chavan, had told Hindustan Times that a final decision would be taken on the new letter after consulting senior officers. In view of Rane’s green signal, the consultation seems to be a mere formality now.

March 10, 2008
Dharmendra Jore, Hindustan Times
Email Author
Mumbai, March 25, 2008
First Published: 20:09 IST(25/3/2008)
Last Updated: 02:00 IST(26/3/2008)

Saturday, March 29, 2008

SC directs Gujarat to quickly form SIT

The Supreme Court on Tuesday decided to constitute a special team headed by former Central Bureau of Investigation (CBI) director RK Raghavan to probe 10 crucial cases of 2002 communal carnage in Gujarat.
A bench of Justices Arijit Pasayat, P Sathasivam and Aftab Alam took the decision while hearing a bunch of petitions seeking either a probe into these cases by the CBI or transfer of their trial outside the state.
The bench, however, decided to pass the formal order, constituting a "special investigation team (SIT)" for the probe on Wednesday.
The five-member SIT will also include A Sathpathy, a former police officer of Uttar Pradesh cadre.
The cases which are to be handed over to the SIT relate to rape, murder and arson at various places including those at Godhra town, Gulbarg Society and Naroda Patiya in Ahmedabad, Best Bakery in Vadodara, Baranpura, Machipith, Tarsali, Raghovpura and Pandarwada.
The bench was hearing petitions by the National Human Rights Commission (NHRC), rights groups and individuals affected by the communal carnage that broke out following the burning of 59 Hindu activists in a coach of the Sabarmati Express at Godhra on Feb 27, 2002.
At least 1,000 people were killed in the violence that went on for weeks.
The bench had earlier sought the central government's response to the pleas.
In an affidavit filed in early February, the government had told the court it was willing to have the cases probed by the CBI and tried outside the state.
"The central government submits it would have no objection to the investigation of the cases by the CBI and transfer outside the state of Gujarat, if so desired by this court," the home ministry has told the apex court in its affidavit.
But ignoring the government's willingness to have these case transferred to the CBI for probe, the bench during the hearing suggested forming a special team, headed by Raghavan, to carry out further probe.
Both the Gujarat government counsel as well as those representing NHRC and individual petitioners welcomed the suggestion.
March 26, 2008
Indo-Asian News Service
New Delhi, March 25, 2008
First Published: 15:52 IST(25/3/2008)
Last Updated: 15:57 IST(25/3/2008)