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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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Email: adv.kamal.kr.pandey@gmail.com

Saturday, October 25, 2008

Daily Legal News 24-25.10.2008

Plea for stepping up security outside temples
http://www.indianexpress.com/news/Plea-for-stepping-up-security-outside-temples/377446
Express News Service Posted: Oct 24, 2008 at 0339 hrs IST
Ludhiana, October 23 : Dinesh Goel, a resident of BRS Nagar, filed a writ petition in Punjab and Haryana High Court, in which he has made a case for deploying police security outside the temples of BRS Nagar.
The court has directed the deputy commissioner, Ludhiana, to look into the matter. Goel meanwhile said that BRS Nagar was having three temples such as Durga Mata Mandir, Prachin Sitla Mandir and Shri Luxmi Naryana Mandir.
Goel said after the incidents of bomb blasts, police security near temples was a must. He also stated in his writ that no bicycle should be allowed to be parked within 100m radius of temple.
http://www.indianexpress.com/news/Plea-for-stepping-up-security-outside-temples/377446


CLASSICAL TAG FOR KANNADA BY LS POLLS
http://www.starofmysore.com/main.asp?type=news&item=18440
New Delhi, Oct. 24 (KCU)- It is almost certain that Kannada language will be accorded classical status before the Lok Sabha polls but definitely not by Rajyothsava day on Nov. 1 as is being expected, according to sources.
The issue was due for hearing in the Court and the Government cannot come out with a decision on any matter pending judgement from the Court, it was learnt.
According to Union Minister for Culture Ambika Soni, who spoke to the press here on Tuesday, the report of language experts has been sent to the Home Ministry. If the decision taken was favourable, the final approval would be given at the Union Cabinet meeting, she explained.
The Committee of Language Experts constituted by the Union Government had recommended granting of classical status for Kannada and Telugu languages. To prevent that, only a big political conspiracy should happen. However, no party would gain anything by conceding to such an act.
A Public Interest Litigation (PIL) reportedly filed by one R. Gandhi, a Tamil zealot questioning the credentials of the language experts and seeking an alternative committee, was learnt to have been lying before the Tamil Nadu High Court pending hearing.
Not much progress had been seen after the PIL was filed during the first week of August. Based on the PIL, the Court had served notices on the Union Government and the replies too had been reportedly received. No further hearing had taken place, according to sources.
Wooing the voters by offering 'gifts' on the brink of holding an election is an usual gimmick of any political party and the UPA too is not far from that. The Lok Sabha polls have to be conducted before May 31 next. So in the next three or four months, classical status would be accorded to Kannada and Telugu thus claiming a political mileage.
The experts' committee had in fact given the final recommendation to offer the classical status for the two languages about three months ago. Just because a PIL was pending hearing, the recommendations were not made public. Agrahara Krishnamurthy, Secretary, Cultural Academy had reportedly submitted the recommendation report to the Culture Ministry a fortnight ago. The Academy holds the total administrative responsibility of the experts' committee, it has been said.
Improper historical records cause for the delay
Mysore, Oct. 24 (HT&DV)- Lack of records pertaining to the history of Kannada literature is the reason for the delay in according classical status to Kannada, observed Kannada and Culture Department Director Manu Baligar.
He was speaking after releasing Volume-4, Part-3 of the book 'Kannada Sahitya Charithre' at a function at Kuvempu Institute of Kannada Studies (KIKS) at Manasagangotri on Tuesday.
Classical status is accorded considering the growth of literature and language. Improper documentation of history of Kannada literature and language had caused delay in according the status, he said.
No book had been written till 13th century recording the history of Kannada literature and language, he added.
Under the classical status already accorded to Tamil language, Rs. 350 crore had been released to Tamil Nadu Government. This has helped the Government to take up schemes for the development of Tamil language. This has also helped in establishing Tamil study chairs in all the Universities of the world for the growth of the language.
More importance is being given in the country for recording character rather than history. Indians lag behind other countries in recording history, he added.
It is the need of the hour in the country to preserve the history, he opined. The book on the History of Kannada literature is written on the ideals of historeans, writer and critic.
Prof. C.P. Krishna Kumar, retired Professor of Mysore University, said the attitude of neglecting tradition was growing. Tradition is greater than history. History changed with time but tradition becomes contemporary, he opined.
Acting Vice-Chancellor Prof. T.C. Shivashankaramurthy, Prof. Ambalike Hiriyanna of KIKS, Editor of the volume Prof. Ramegowda and Sub-Editor Dr. Akkamahadevi were present.

http://www.starofmysore.com/main.asp?type=news&item=18440http://www.starofmysore.com/main.asp?type=news&item=18440


Dismissed Godhra cops get relief from High Court
http://www.indianexpress.com/news/Dismissed-Godhra-cops-get-relief-from-High-Court/377363http:/www.indianexpress.com/news/Dismissed-Godhra-cops-get-relief-from-High-Court/377363
Express News Service Posted: Oct 24, 2008 at 0202 hrs IST
Ahmedabad, October 23 : HC admits petition challenging their dismissal for negligence
Justice K S Jhaveri of the Gujarat High Court has admitted a petition challenging the dismissal of five police personnel on charges of negligence of duty as members of the mobile police squad of the Sabarmati Express on February 27, 2002.
The five policemen are Jabir Shaikh, Kishor Pattani, Kishor Devani, Rasikbhai Rajabhai and Gulabsinh Devusinh.
http://www.indianexpress.com/news/Dismissed-Godhra-cops-get-relief-from-High-Court/377363



SC permits use of loudspeaker in Mumbai during 'Chatt' puja
http://www.ptinews.com/pti/ptisite.nsf/0/B1C54B1AF326BF93652574EC002988D3?OpenDocument
New Delhi, October 24 (PTI) The Supreme Court today permitted the use of loudspeaker and sound-system for crowd management and performance of rituals during the 'Chatt' festival at all beaches, including the one at Juhu, in Mumbai.The apex court said that the sound system can be used by the organiser of Chatt puja for the crowd management and performance of rituals till 10 pm.The petition was filed by an organisation, Bihari Front, against the decision of the Maharashtra government to ban the use of sound system at Juhu beach during the Chatt festival. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/B1C54B1AF326BF93652574EC002988D3?OpenDocument






Bringing judiciary under RTI ?
http://www.blogger.com/Bringing%20judiciary%20under%20RTI%20?http://www.rtiindia.org/forum/8630-bringing-judiciary-under-right-information.html
THE VITAL ‘Wealth-declaration, conduct-code by judges’ issue raised through Right To Information (RTI) petitions has made the Union cabinet give its nod to include them in the forthcoming ‘Judges Enquiry Bill 2008’ which aims at empowering the common man. It now gives every Indian citizen the power to file complaints against judges of higher courts before a high-powered National Judicial Council.Supporters of this landmark judgment must ensure that the Bill does not lapse like many good Bills earlier. It would also be wise if the National Judicial Council could include retired judges of Supreme Court acting as member-nominees of president, prime minister, Opposition Leader, chief justice of India and Bar association with central vigilance commissioner as ex-officio member. The serving judges are already overburdened with work.Atul Patankar
http://www.rtiindia.org/forum/8630-bringing-judiciary-under-right-information.html



HC asks govt to inform on steps taken for flood-hit
http://timesofindia.indiatimes.com/Cities/Patna/HC_asks_govt_to_inform_on_steps_taken_for_flood-hit/articleshow/3634887.cms
24 Oct 2008, 0246 hrs IST, TNN

PATNA: Patna High Court on Thursday directed the state government to state on affidavit the measures taken for providing safe drinking water, health care, shelter and ex-gratia to the people affected by floods in the Kosi region. The order was passed by a division bench comprising Chief Justice R M Lodha and Justice K K Mandal during hearing of PIL of Akash Akanksha, an NGO, which claimed that the measures taken by the state government to provide relief in the Kosi region were inadequate. The court also asked the petitioner’s counsel to state on affidavit the details of the relief not provided to people, village and panchayat-wise on the basis of the petitioner’s claim that relief being provided to the affected people was inadequate. If the relief provided to the people is inadequate, then it is upto what level, the court asked the petitioner’s counsel? The petitioner’s counsel, Shakeel Ahmad Khan, submitted there was no significant work done to provide flood relief which was largely inadequate. In its counter-affidavit, the government submitted that at the relief camps dotting the flood-affected districts in the Kosi region, the people were being provided shelter, food, sanitation and education facilities. There are maternity huts at the relief camps where schools are also being run. Telephone links are also available. That apart, every affected family has been given Rs 2,250 for purchasing clothes and utensils. They were also given a quintal of foodgrains. Advocate general P K Shahi and additional advocate general N K Sinha made submissions on the basis of the state government’s counter-affidavit. Tnn
http://timesofindia.indiatimes.com/Cities/Patna/HC_asks_govt_to_inform_on_steps_taken_for_flood-hit/articleshow/3634887.cms




Soldier dismissed for being HIV+ seeks HC's help
http://timesofindia.indiatimes.com/Cities/Chennai_soldier_fired_for_being_HIV/articleshow/3634921.cms
24 Oct 2008, 0314 hrs IST, TNN
CHENNAI: In the Indian Army's scheme of things, what is the best way to deal with a soldier who tests positive for HIV? Dismissal from service!
M Madheswaran was a sepoy and a boxer, for nearly 10 years. He participated in five to eight featherweight and lightweight category combats every year. It all ended in 1999, when Madheswaran tested positive for HIV. The military establishment lost no time in declaring him unfit for service and sent him home. The boxer-soldier has now approached the Madras high court, questioning his discharge from service. Justice K Suguna has ordered notices to the top brass of the Army. In his petition, Madheswaran said the authorities said the infection was "not attributable to military service." The ruling has denied the soldier all employment and pension benefits. Madheswaran said that he fought both soldier - and civilian-boxers, who were never subjected to HIV-screening. Reiterating that he never had any illicit relationships, Madheswaran said that several times had been treated for wounds with stitches, followed by injections. He said he might have contracted HIV from fellow boxer(s), as the HIV virus can get into one's blood through small cuts and sores in and around the mouth and nose. He said his claim for disability pension was also denied citing that the disease was "due to the individual's own negligence and not related to military service."
http://timesofindia.indiatimes.com/Cities/Chennai_soldier_fired_for_being_HIV/articleshow/3634921.cms




HC seeks info on fire safety measures in high rises
http://timesofindia.indiatimes.com/Lucknow/HC_seeks_info_on_fire_safety_measures_in_high_rises/articleshow/3634856.cmshttp:/timesofindia.indiatimes.com/Lucknow/HC_seeks_info_on_fire_safety_measures_in_high_rises/articleshow/3634856.cms

24 Oct 2008, 0222 hrs IST, TNN
LUCKNOW: The high court on Thursday expressed serious concern against the dilly-dallying of the state government and fire department in ensuring fire safety measures in high rises and multiplexes in the entire state. The bench of Justice Pradeep Kant and Justice Ved Pal directed the government to lay before it the standards made to ensure safety of people from fire. The bench also asked the government why it did not ensure compliance of the previous orders which provided fire safety for buildings made after or before the implementation of the Fire Act, 2005. The orders were passed on the PIL of Gomtinagar Jan Kalyan Mahasamiti. The court fixed the hearing of the PIL in the last week of November. Earlier in compliance of the court order, principal secretary (housing) Sri Krishna, principal secretary (home) Fateh Bahadur, and deputy director (technical) fire services were present in the court. Counter affidavit: A division bench of the high court comprising Justice Pradeep Kant and Justice Ved Pal on Thursday directed the state government to file counter affidavit in three weeks on compliance of the Juvenile Justice Act, 2000 in the state. A PIL filed by one Ambresh Srivastava further sought full week working of the boards and maintenance of the homes and its inmates.
http://timesofindia.indiatimes.com/Lucknow/HC_seeks_info_on_fire_safety_measures_in_high_rises/articleshow/3634856.cms




HC relief for state in green zone case
http://timesofindia.indiatimes.com/Mumbai/HC_relief_for_state_in_green_zone_case/articleshow/3634547.cmshttp://timesofindia.indiatimes.com/Mumbai/HC_relief_for_state_in_green_zone_case/articleshow/3634547.cms
24 Oct 2008, 0032 hrs IST, TNN
MUMBAI: The Bombay high court on Wednesday said that the state government is competent enough to change a green zone to an industrial zone.
A public interest litigation (PIL) filed by Shetkari Sangarsh Samiti from Pezari village in Alibaug had questioned the proposal, citing CRZ violation and other environmental issues. Earlier, the court had directed the state government not to take possession of 2500 acres of land at Shahapur village in Alibaug for its proposed energy generation project till further orders. The state government is acquiring the land for Maharashtra Energy Generation Limited, a subsidiary of Anil Ambani's Reliance Energy Limited, which is proposing to set up a 4000 MW natural gas and coal-based plant. The land happens to be in G II zone. On Wednesday, the petitioners said that the state government has no power for conversion of land use from green zone II to industrial zone. Assistant government pleader Pradip Patil, however, said the Maharashtra Regional and Town Planning Act permitted the state to change the zoning. In this case, the state government had issued a notification in August in the official gazette, inviting objections and suggestions, informed Patil. "The court accepted the contentions and stated that the earlier order, restraining the state from taking possession of land will continue. The state can, however, go ahead with the acquisition proceedings,'' Patil said. The case has been adjourned till November 26. The court had earlier stated that it will not interfere in the process of land-acquisition by state authorities.


http://timesofindia.indiatimes.com/Mumbai/HC_relief_for_state_in_green_zone_case/articleshow/3634547.cms


HC transfers Nimbalkar case to CBI, says probe is faulty
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=6865abe6-03a5-4203-ac61-e17ae4cbf8cc&&Headline=HC+transfers+Nimbalkar+case+to+CBI
Calling the probe conducted by Navi Mumbai crime branch "faulty" and one-sided, the Bombay High Court on Thursday transferred the investigation of Pawanraje Nimbalkar murder case to Central Bureau of Investigation.
Nimbalkar, a Congress leader from Osmanabad, was shot dead on June 3, 2003, at Kalmaboli in Navi Mumbai, while travelling down the Pune-Mumbai expressway. His driver too was killed.
His wife Anandibai Nimbalkar had filed petition before the High Court, seeking CBI probe and alleging that NCP leader Padmasinh Patil a former state minister -- had hand in Pawanraje's murder.
Division bench of Justices SB Mhase and VK Tahilramani have said in the judgement that the probe carried out by Navi Mumbai crime branch has hit a "deadlock" and does not inspire confidence.
Police did not look into the theory that Vicky Malhotra, a Chhota Rajan aide who was in Thane jail during this period, might be involved in the murder, judges said.
Narco-analysis of Tanaji Patil, arrested accused, had revealed Malhotra's name
Judges had, during the hearing, sought the record of Malhotra's movement out of the jail. Malhotra had been taken to Mumbai around June 3 in connection with a court remand.
Judges have also recorded that police did not trace the miscalls on Nimbalkar's cell-phone on the day of the murder.
Judges have said that in a matter regarding a person who has connections with the administration, it is in public interest that CBI probes the case.
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=6865abe6-03a5-4203-ac61-e17ae4cbf8cc&&Headline=HC+transfers+Nimbalkar+case+to+CBI
Press Trust Of India
Mumbai, October 23, 2008



Katara murder case: Vikas Yadav files appeal in HC
http://www.ptinews.com/pti/ptisite.nsf/0/95630244B5A6764D652574EB005757F2?OpenDocument

New Delhi, Oct 23 (PTI) Killer of Nitish Katara, Vikas Yadav today filed an appeal before the Delhi High Court challenging a city court's conviction order against him, a move that comes a day after the Supreme Court rejected his plea to shift the matter to Allahabad High Court.Filing the petition through his lawyer, G K Bharati, Yadav contended that the trial court had wrongly held him guilty for the murder of Katara, son of an IAS officer, despite the fact that there was no direct evidence against him.Alleging that the trial judge had ignored certain facts in the case, Vikas said the court relied upon the deposition of Ajay Katara despite the fact that he was an interested witness in case.Vikas in his appeal also stated that the crime-related articles, including the wrist watch and the recovered murder weapon, were planted by the prosecution. The appeal is likely to be listed for hearing shortly.Meanwhile, Vishal Yadav, co-convict in the case had already filed his appeal, which is coming up for hearing in November before the High Court.In June this year, Vikas, son of Uttar Pradesh politician D P Yadav, and Vishal were sentenced to life imprisonment for killing Katara, an MBA graduate, as they were against their sister Bharti's intimacy with him.The duo had kidnapped Katara on the night of February 16, 2002 from a marriage party in Ghaziabad and killed him. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/95630244B5A6764D652574EB005757F2?OpenDocument



HC order to flush out prisoners unable to pay bail bonds
http://www.indianexpress.com/news/HC-order-to-flush-out-prisoners-unable-to-pay-bail-bonds/376861
Express News Service Posted: Oct 23, 2008 at 0236 hrs IST
Mumbai, October 22 : In a significant relief for thousands of undertrials languishing in jails due to their incapacity to pay their bail bonds, the Bombay High Court has held that the authorities should strictly go by laws under the Criminal Procedure Code wherein such persons can be declared indigent (poor or needy).
The order came on a bail application moved by an undertrial Shivaji Gavade Patil whose bail was rejected.
However, during the hearing of the application the issue regarding prisoners who were granted bail in bailable offences but could not furnish the bail bond was raised.
A division bench of Justice F I Rebello and Justice Ashutosh Kumbhakoni has now decided to monitor the situation for a year and has directed all the sessions judges in the state as well as Goa and Daman and Diu to call for periodical records from the Magistrates and jail superintendents to apprise them of the situation.
http://www.indianexpress.com/news/HC-order-to-flush-out-prisoners-unable-to-pay-bail-bonds/376861


State has right to turn green zone industrial: HC
http://www.indianexpress.com/news/State-has-right-to-turn-green-zone-industrial--HC/376857
Express News Service Posted: Oct 23, 2008 at 0231 hrs IST
Mumbai, October 22 : The Bombay High Court on Wednesday observed that the state Government is competent to change a zone from Green to Industrial.
The court was hearing a public interest litigation filed by Shetkari Sangarsh Samiti from Pezari village in Alibaug. The state government is acquiring 2500 acre of land in Shahapur village for Maharashtra Energy Generation Limited (MEGL), a subsidiary of Anil Ambani’s Reliance Energy Limited which is proposing a 4000 MW natural gas and coal based plant there.
The locals had strongly opposed the proposal citing CRZ violation and other environmental issues.
The court had earlier directed the state government not to take possession of the 2500 acre land till further orders. Today the petitioners contended that the state government has no power for conversion of land use from green zone II to industrial zone. The land happens to be in G II zone.
http://www.indianexpress.com/news/State-has-right-to-turn-green-zone-industrial--HC/376857

HC asks for CDs of reality show in obscenity case
http://timesofindia.indiatimes.com/Mumbai/HC_asks_for_CDs_of_reality_show_in_obscenity_case/articleshow/3638358.cms
25 Oct 2008, 0501 hrs IST, TNN
MUMBAI: It's a reality show of the legal kind that makers of `Bigg Boss II' are facing. The Bombay high court on Friday directed the programme's producers to provide the CDs of the show to the police to assist in investigations into allegations of obscenity. However, offering some relief, the HC permitted the show's producers to continue with the telecast till November 21. The matter landed in the HC after the show's producers Endemol approached it with a plea that a criminal complaint lodged with the police against them be quashed. The police are investigating a complaint filed by Mumbai Youth Congress president Sunil Ahire, alleging that the show's contents include obscene and abusive scenes. The petition filed by the producers states the show is not obscene and alleged that competitors of the channel, which airs it, were behind the "hype over obscenity''. It observed how it was "no coincidence'' that Ahire is a Congressman like Sanjay Nirupam who was eliminated from the show after the first week. Justice V K Tahilramani directed the producers and director of the show to co-operate with the police in their investigations and adjourned the matter for further hearing to mid-November.
http://timesofindia.indiatimes.com/Mumbai/HC_asks_for_CDs_of_reality_show_in_obscenity_case/articleshow/3638358.cms


Epic struggle: Apex court upholds HC order in 21-year-old brutality case
http://www.indianexpress.com/news/Epic-struggle--Apex-court-upholds-HC-order-in-21-year-old-brutality-case/377877
Express News Service Posted: Oct 25, 2008 at 0417 hrs IST
Ahmedabad, October 24 : Accused IG (prison) to pay Rs 8 lakh compensation to victim Prafull Thakkar
Twenty-one years after an act of police brutality cost him his right eye, Congress leader Prafull Thakkar stands vindicated once again, this time before the Supreme Court.
A Division Bench of the apex court on Friday dismissed an ad-interim appeal filed against an order of the Gujarat High Court where it had decreed that the Gujarat Government and Rajan Priyadarshi, an Additional Director General of Police (ADGP), involved in the attack on Thakkar, pay Rs 8 lakh as compensation to him. Priyadarshi is currently posted as IG (Prisons).
http://www.indianexpress.com/news/Epic-struggle--Apex-court-upholds-HC-order-in-21-year-old-brutality-case/377877


POTA review panel case: HC issues notices to respondents
http://www.indianexpress.com/news/POTA-review-panel-case--HC-issues-notices-to-respondents/377883
Express News Service Posted: Oct 25, 2008 at 0429 hrs IST
Ahmedabad, October 24 : The Gujarat High Court on Friday issued notices to the respondents, including accused of the Sabarmati Express carnage, in a case seeking quashing of the recommendations made by the Central POTA Review Committee.
A Division Bench comprising justices D A Mehta and Mrs Abhilasha Kumari issued the notices, which are returnable on November 13. This comes a day after a bench comprising justices Rekhaben Doshit and K M Thakkar declined to
hear the case with the latter saying “not before me” and directed that it be referred to another bench.
Friday’s order came on a petition filed by Sardar Maganji Vaghela, a relative of one of the victims of the train tragedy. Vaghela has contended that the report of the POTA review committee is not consistent with the evidences collected by the investigating agencies, so its findings should not be made binding on the court and the investing agencies.
http://www.indianexpress.com/news/POTA-review-panel-case--HC-issues-notices-to-respondents/377883


Centre, Gujarat court HC ire for not releasing SSA grants
http://www.indianexpress.com/news/Centre--Gujarat-court-HC-ire-for-not-releasing-SSA-grants/377882
Express News Service Posted: Oct 25, 2008 at 0428 hrs IST
Ahmedabad, October 24 : Issues showcause notices on petition filed by Mandal Naya Gujarat Sewa Mandal
The Gujarat High Court on Friday issued show-cause notices to the Ministry of Human Resource Development, the Primary Education Department of the Gujarat Government and the municipal school board of the Ahmedabad Municipal Corporation (AMC).
Justice Jayant Patel has asked the three parties to show as to why the petition filed by Naya Gujarat Sewa Mandal through its chairman Habibkhan Pathan for release of grant under the Sarva Shiksha Abhiyan (SSA) should not be admitted. They have been asked to file their replies by November 17.
http://www.indianexpress.com/news/Centre--Gujarat-court-HC-ire-for-not-releasing-SSA-grants/377882


HC gives clean chit to Rajnish Rai in exam case
http://www.indianexpress.com/news/HC-gives-clean-chit-to-Rajnish-Rai-in-exam-case/377876
Express News Service Posted: Oct 25, 2008 at 0415 hrs IST
Ahmedabad, October 24 : Court quashes GU decision to declare him failed in LLB papers, allows him to appear in two semester exams simultaneously
The Gujarat High Court on Friday observed that the Gujarat University's inquiry into the allegations that IPS officer Rajnish Rai had used unfair means in an LLB examination was in total disregard of the principles of natural justice and fair play. The court quashed the decision of the GU's Examination Reforms Committee that had declared him fail in all the subjects of second semester examination for the first year.
Justice Jayant Patel, in his order, also directed the university to declare the results of the officer by November 14.
http://www.indianexpress.com/news/HC-gives-clean-chit-to-Rajnish-Rai-in-exam-case/377876


HC clears cop and he tops another law exam
http://timesofindia.indiatimes.com/Ahmedabad/HC_clears_cop_and_he_tops_another_law_exam/articleshow/3638786.cms
25 Oct 2008, 0307 hrs IST, Saeed Khan, TNN
AHMEDABAD: Rajnish Rai, who was accused of cheating in a law exam by Gujarat University, has topped in a course of patent laws in a Hyderabad-based university. The IPS officer has secured first rank and is the only student to get distinction with 70.4 per cent, among 409 students during the academic year 2007-08 in the Nalsar University of Law in a one-year post-graduate diploma in patent law. The cop had actually enrolled for the year 2006-07, and his examination was scheduled during April 2007. Rai could not take the examination as he was involved in the investigation of the fake encounter of Sohrabuddin Sheikh. Just four days before he had to appear in the examination, three IPS officers, including the high-profile DG Vanzara, were arrested by him. "I was busy with the investigation and therefore I had to seek extension," Rai said. Rai is interested in the subject of patent laws and his papers have been published in reputed law journals. "Why should I resort to cheating in a Gujarat University examination, when I can excel in India's premier institute like Nalsar University?" he said. Rai said he is a relieved man now. "The stigma has been wiped out. The case against Gujarat University was not a normal battle for me. Ultimately, the court has also upheld my contention that I am innocent. My stand has been vindicated," he said adding, "God is there." But, the officer refused to comment on whether he saw any conspiracy in fixing him in the copying case. He said that he is prepared for a longer battle, as those against him would go for further litigation. Rai is now awaiting results of the examination, in which he was accused of cheating. On asked whether he expects to top the university here like he has topped the Nalsar University, he said, "I wish that I at least pass this exam first. I am happy that the court has declared me a clean person."
http://timesofindia.indiatimes.com/Ahmedabad/HC_clears_cop_and_he_tops_another_law_exam/articleshow/3638786.cms


HC orders removal of encroachments
http://timesofindia.indiatimes.com/Cities/Patna/HC_orders_removal_of_encroachments/articleshow/3638750.cms
25 Oct 2008, 0242 hrs IST, TNN

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PATNA: Patna High Court on Friday issued a directive to the state government to take immediate steps for removal of encroachments on the drains near

Nalanda Medical Medical College and Hospital in Agamkuan which caused waterlogging on the hospital campus. A division bench comprising Chief Justice R M Lodha and Justice K K Mandal issued the directive while hearing the PIL of Ajay Kumar and others stating that a large number of people, including patients, doctors, nurses and students of NMCH, were facing great inconvenience due to waterlogging on the hospital campus during the monsoon season. The petitioners’ counsel M P Gupta submitted that on September 20, 2007, the executive officer of Patna city circle of Patna Municipal Corporation had written a letter to Patna city SDO to depute a magistrate with police force for removal of encroachments by shops on the drains near NMCH. But it’s been over a year and no steps had been taken in this regard, the petitioner’s counsel added.
http://timesofindia.indiatimes.com/Cities/Patna/HC_orders_removal_of_encroachments/articleshow/3638750.cms



HC refuses stay on CPRC findings
http://timesofindia.indiatimes.com/Ahmedabad/HC_refuses_stay_on_CPRC_findings/articleshow/3638352.cms
25 Oct 2008, 0022 hrs IST, TNN
AHMEDABAD: Gujarat high court on Friday refused to grant a stay on the findings of Central Pota Review Committee (CPRC), and allowed it to be a party in the case challenging CPRC’s recommendations. One Sardarji Maganji Waghela, whose son was killed in the Godhra carnage on February 27, 2002, had filed this petition through advocate Vijay Patel in March this year. On request from the advocate, a division bench of Justice J R Vora and Justice M R Shah removed CPRC as a respondent. The proceeding was adjourned following a petition in Supreme Court on issue of validity of the committee’s constitution. Recently, apex court ruled that CPRC findings are binding on concerned lower courts, thereby ordering withdrawal of Pota charges from Godhra carnage accused. This led the petitioner to request the court to stay implementation of CPRC findings. But, a division bench of Justice D A Mehta and Justice Abhilasha Kumari rejected the plea and stated that the issue would be heard at the next hearing scheduled on November 13. Meanwhile, the court issued fresh notices to 11 respondents, who are accused in the Godhra carnage case, since they were not served the notices earlier.
http://timesofindia.indiatimes.com/Ahmedabad/HC_refuses_stay_on_CPRC_findings/articleshow/3638352.cms




20-yr ordeal over, MHA worker gets relief from HC
http://www.indianexpress.com/news/20-yr-ordeal-over--MHA-worker-gets-relief-from-HC/377629
Krishnadas Rajagopal Posted: Oct 25, 2008 at 2356 hrs IST
New Delhi, October 24 : It cost R K Gupta 20 nail-biting years and his career to prove his employer, the Union Home Affairs Ministry, wrong in branding his wife’s job as a receptionist at the Egyptian Embassy a “breach of national security”. Thanks to a recent intervention from the Delhi High Court, the 53-year-old Assistant with the MHA is waiting for a promotion as Section Officer, says his lawyer Raman Oberoi.
Gupta’s troubles started in March 1980 when his wife was selected as a receptionist with the Embassy of the Arab Republic of Egypt here. It is mandatory that a staffer should apply to the “Ministry/Department concerned for permission before wife or dependant intends to take up employment with a foreign mission in India or with any foreign organisation”.
Though Gupta applied to the Home Ministry about his wife’s appointment he did not receive any reply for the next eight years. He was in for a surprise when in 1988, the Intelligence Bureau took an objection to his wife working with a foreign mission and sent him a communication on May 16, 1989 to “direct” his wife to leave her job. But Gupta’s wife refused to quit.
The ministry again chose not to act for another four years, until on March 5, 1993, it filed a chargesheet against Gupta for “disobeying the directions of the Government of India”. Back to sleep again, the ministry “woke up” on May 2, 2000 to find Gupta guilty and promptly dismissed him.
Gupta went on to fight the ministry before the Central Administrative Tribunal for another eight years, at the end of which the Tribunal ordered the Government to reinstate him in February this year.
The decision saw the ministry rushing to the High Court for reprieve. The court, in a recent order, dismissed the ministry’s allegations.
Justice Lokur observed, “If Gupta was guilty of not taking prior permission, action should have been taken by the Ministry in March/April, 1980 itself or immediately thereafter. There is absolutely no justification for them to wake up after eight years and then seek to stress upon a condition which is today no longer applicable.”
Dismissing the ministry's challenge, Justice Lokur concluded that “having kept silent for eight years, if not 13 years in all, the ministry has given tacit consent to Gupta's wife working as a receptionist in a foreign mission in New Delhi.”
http://www.indianexpress.com/news/20-yr-ordeal-over--MHA-worker-gets-relief-from-HC/377629

CJI: Minority protections key to International Peace & Stabilityhttp://www.indlawnews.com/Newsdisplay.aspx?58e6bcb2-6f7c-46c1-889c-0853667e862a
10/24/2008
Shifting emphasis from self determination to the quality of protections for minorities within the framework of national laws was suggested by Chief Justice of India K G Balakrishnan.It’s ‘in the interest of promoting international peace and stability,’ Justice Balakrishnan observed while delivering the V K Krishna Menon Memorial Lecture 2008.The event marking the 34th death anniversary of independent India’s first High Commissioner to London-- subsequently Defence Minister-- was addressed among others by former Punjab and Haryana Chief Justice Vijender Jain.Justice Jain spoke about Indian espousal of non-alignment-- coined by Menon for ‘countries not aligned to the right or left’-- as a pursuit against injustice in world affairs.Justice Balakrishnan’s address centred on The Right Of National Minorities To Seek Self-Determination Under International Law, a topic he said he saw as a ‘pertinent issue’ in the field of public international law.The CJI recalled Menon’s defence of Indian stand on Kashmir in the United Nations Security Council and ‘foundational role in shaping’ independent India’s foreign policy.‘One can proceed with the assumption,’ Justice Balakrishnan said, ‘that national minorities do not have an absolute right of self-determination in keeping with the view that they cannot be identified with the word peoples as used in the UN Charter.’ This, he said, was exemplified by Indian declaration in respect of Article 1 of the International Covenant on Civil and Political Rights.It ‘affirmed that the right to external self-determination applied only to the people under foreign domination and not to sovereign independent states or to a section of the people or nation.’ Justice Balakrishna drew the distinction between a ‘whole population’ exercising the right of self-determination in cases of historical disruptions such as colonial rule and national minorities doing so in cases of ‘continuing oppression.’ He also pointed to the problems in ‘ascertaining the will of a minority to secede from an independent State’-- as not all of its members may favour such a move.‘The identification of a minority’s will may itself be based on objective criteria such as language, ethnicity, race, religion and cultural practices or on subjective criteria which involves an expression of the will to secede such as a referendum, a popular movement or demands made by political parties representing a national minority.‘The recognition of a legal right of self-determination becomes problematic because not all members of a minority community identified on the basis of objective criteria may be in favour of exercising such a right.’ He said the existence of oppression or unrepresentative government ‘obviously needs to be proved’ with reference to a high threshold.India, for instance, ‘is a prominent practitioner of the philosophy of legal pluralism by way of allowing Muslim, Christian, Parsi and Jewish communities to adhere to their respective personal law regimes.’ He cited the co-existence of parallel personal law regimes in Israel where separate systems co-exist for Orthodox Jews and Arabs besides the secular law on matters such as marriage, divorce and inheritance.
UNI
http://www.indlawnews.com/Newsdisplay.aspx?58e6bcb2-6f7c-46c1-889c-0853667e862a


SC no to PIL seeking deletion of caste name from voters' list
http://www.hindu.com/thehindu/holnus/002200810241824.htm
New Delhi (PTI): The Supreme Court on Friday declined to entertain a PIL seeking a direction to the Election Commission to delete the name of voters' caste from the electoral list.
A Bench headed by Chief Justice K G Balakrishnan said it cannot pass any such direction after hearing the submission of Valu Gandhi, a Gandhian, who contended that giving identification of caste in the electoral list will promote caste driven politics.
The septuagenarian from Tamil Nadu, who appeared in person and made his submission in Tamil, said all the recent conflicts including the communal clash in Orissa are the results of the deep-rooted caste system in the country.
Justice P Sathasivam, who was the part of the Bench along with the CJI and Justice Aftab Alam, responded in Tamil to Valu's submission and expressed the limitation of the apex court in the matter.
When Valu was told that by the Bench that no direction could be passed on his PIL, he left the court room quietly.
http://www.hindu.com/thehindu/holnus/002200810241824.htm



SC reserves verdict on HC Judge Justice S Ashok Kumar confirmation
http://www.indlawnews.com/Newsdisplay.aspx?abaae0b0-040f-4668-9516-a87451a21ef2
10/24/2008
The Supreme Court reserved its verdict on a petition filed by former Union Law Minister Shanti Bhushan challenging the decision of Chief Justice of India (CJI) K G Balakrishnan confirming Justice S Ashok Kumar as permanent judge of the Madras High Court without taking the apex court collegium into confidence.The Supreme Court judges collegium comprises of the CJI and two senior most judges of the court.The Union Government in its statement made on oath submitted in the Supreme Court said that since 1999 many CJI’s have violated the apex court’s own judgement while recommending a person for appointment as a judge in the High Court. The CJI would form his opinion on the basis of his consultation with the collegium.According to the Union Government’s affidavit around 350 such appointments have been made since 1999. The recommendations of the CJI on the basis of his opinion formed after consulting the members of the collegium is binding.A bench headed by Justice Arijit Pasayat reserved the judgement after hearing the arguments of all the parties in the case.According to the petitioner, the name of Justice Ashok Kumar for confirmation as High Court judge had earlier been rejected twice.UNI
http://www.indlawnews.com/Newsdisplay.aspx?abaae0b0-040f-4668-9516-a87451a21ef2

Supreme Court on Withdrawal Cases Under POTA
http://practicalacademic.blogspot.com/2008/10/ghost-of-law-mahmadhusen-abdulrahim.html
Ghost of a Law
Friday, October 24, 2008
MAHMADHUSEN ABDULRAHIM KALOTA SHAIKH V. UNION OF INDIA. Criminal Appeal. Date of Judgment 20-10-08
Background The case came up before the Supreme Court as Criminal Appeals. The appellants are categorised generally into two; relatives of the victims of the unfortunate incidents at Godhra and Akshardham temple carnages, and those who are accused under POTA. The Act provides for the setting up of Review Committees (RC) to look into the abuses of the legislation. If the RC, on review, finds that a charge made against an accused prima facie is unsubstantiated, it can recommend withdrawal of the case under section 60 of the Act. This provision was challenged before the HC of Madras earlier as the power of RC is an interference by the executive in the judicial power and that the direction by the RC to withdraw proseccution is an interefence with the right of the state to prosecute an offence. The HC upheld the validity of the provision highlighting that RC’s recommendation has to go through section 321, Cr.PC procedure for withdrawal of cases and judicial scrutiny therefore is ensured that it will not amount to meddling with judicial power. SC had later affirmed the HC's decision in appeal.In the present case the relatives of the victims are arguing that section 2(3) of the POTA Repeal Act, shall be held unconstitutional as it interferes with judicial power. The claim of the accused under POTA is that section 2(3) shall not be made subject to section 321 Cr.PC.
This appeal arise from the order of the HC of Gujarat upholding the constitutional validity of section 2 (3) of the repeal Act. HC held that section 2(3) is in pari materia with section 60 (4) to (7), the constitutional validiy of which has been upheld already. As also section 2 (3) shall be subjected to section 321 Cr. PC for the same reason of the same language used in both sections and previous SC decision.
Question of Law and Issues
i) Whether sub-section (3) & (5) of section 2 of the Repealing Act are unconstitutional and therefore invalid; and (ii) Having regard to section 2(3) of the Repealing Act, when the Review Committee records an opinion that there is no prima facie case for proceeding against the accused under POTA, whether the proceedings shall be deemed to have been withdrawn against such accused or whether it is necessary for the Public Prosecutor to file an application seeking consent of the court for withdrawal from prosecution under Section 321 of the Code.
Decision
On Constitutional Validity: The court upheld the constitutional validity of the provision. There are two judgments in the case. One by CJI and the other by Justice Dalveer Bhandari, concurring but offering different rationale. CJI finds that there should be different appreciation of a ‘live and current’ legislation and one that is being ‘wound up’ ie. a repeal enactment, while determing their constitutional validity.Following referral points were set by the CJI to determine the constitutional validity"(a) Parliament has the exclusive competence to legislate on terrorism and terrorist and disruptive activities which threaten the security, integrity and sovereignty of the country, as they fall under Entry 1 of List I of the Seventh Schedule to the Constitution. Alternatively, they would fall under the residuary power conferred on Parliament under Article 248 read with Entry 97 of List I of Seventh Schedule (vide Kartar Singh v. State of Punjab - 1994 (3) SCC 569).
(b) There is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it, to show that there has been a clear transgression of the constitutional principles. (Vide State of Jammu & Kashmir vs. Triloki Nath Kosha - 1974 (1) SCC 19)(c) A law made by the Parliament can be struck downby courts on two grounds and two grounds alone : (1)lack of legislative competence; and (2) violation offundamental rights guaranteed under Part-III of theConstitution or any other constitutional provision. Thereis no third ground. (Vide State of Andhra Pradesh vs.Mcdowell & Co. - 1996 (3) SCC 709).
(d)The power and competence of Parliament to makelaws in regard to the subjects covered by the legislativefields committed to it, carries with it the power to repeallaws on those subjects. The power of the Parliament torepeal a law is co-extensive with the power to enact sucha law. (See Justice G.P. Singh's Principles of StatutoryInterpretation - 11th Edition, Page 633).
(e)The Legislature may prescribe special procedure tomeet special situations and to meet special objectives solong as they are not arbitrary or discriminatory. [KathiRaning Rawat v. The State of Saurashtra - 1952 SCR 435and In Re : The Special Courts Bill, 1978 - 1979 (1) SCC380].
(f) If any Central Act is repealed, without making anyprovision for savings, the provisions contained in section6 of General Clauses Act, 1897 will apply. But where the repealing Act itself contains specific provisions in regard to savings, the express or special provision in the Repealing Act will apply. Section 6 of General Clauses Act makes it clear that it will not apply, when a different intention appears in the Repealing Statute. Where the provision relating to savings is excluded, the repeal will have the effect of complete obliteration of the statute. (vide State of Orissa v. M.A.Tullock & Co. - 1964 (4) SCR 461, Nar Bahadur Bhandari v. State of Sikkim - 1998 (5) SCC 39 and Southern Petrochemicals Industries Co. Ltd. v. Electricity Inspector - 2007 (5) SCC 447)."
The power of the parliament while enacting repeal legislation and the effect of it is summarised by the CJI. It is said that the parliament have plenary power to repeal any statute and it will be inapplicable for all future purposes, and can wipe out rights accrued and pending proceedings under the Act, if saving clause is specifically excluded. The logic flows from this is that, when parliament have the outright power to repeal an Act without any saving, obliterating all pending proceedings, it very well have the competency to enact a repeal legislation that can put stop to proceeding abruptly, in this case, on the recommendation of the RC. Therefore, the determination of the issue is done as given below:
“Natural consequence of repeal, as noticed above, is complete obliteration including pending proceedings. Continuation of a pending proceeding is possible only on account of the deeming fiction created by the savings clause in the Repealing Act which provides for continuation of the proceedings as if the Principal Act had not been repealed. Therefore any provision in the Repealing Act for having a pending proceeding, with any further provision for termination of such pending proceedings, is a provision relating to `winding up' matters connected with the Repealed Act. By no stretch of imagination such a provision can be termed as interference with judicial power, even assuming that such a provision in a live unrepealed statute may be considered as interference with judicial power.”On Subjecting Section 2 (3) to Section 321 Cr. PC: The legislative intent on the application of section 2(3) is clear to the effect that there is no requirement of subjecting this section to section 321 Cr.PC. The logic offered is that, if section 321 requirement is made applicable, the effect of deemed withdrawal provided in secction 2 (3) will be rendered nugatory. That for the court, will amount to rewriting of the provision.On Lack of Judicial Supervision on Withdrwal of Cases: The contention by the realtives of the victims that there will be no judicial supervision for withdrawal of cases, is negatived the court. The existnece of writ jurisction and appellatte jurisdiction under Article 136 for the court will address the issue.Court makes a distinction between the scheme of the POTA section 60 with section 2 of the repeal Act to overrule the HC judgment which has made section 2(3) subject to section 321 Cr. PC. The reasoning of the HC was that the SC in a earlier case had determined that withdrawal of complaints under section 60 shall be as per the requirement of the section 321. Section 60 and 2 are pari materia. Therefore section 2(3) is suject to section 321.The Final Decision in Court's Own Words; "[w]e therefore hold that once the Review Committee on review under section 2(3) of the Repealing Act, expresses the opinion that there is no prima facie case for proceeding against the accused, in cases in which cognizance has been taken by the Court, such cases shall be deemed to have been withdrawn. The only role of the Public Prosecutor in the matter is to bring to the notice of the court, the direction of the Review Committee. The court on satisfying itself as to whether such an opinion was rendered, will have to record that the case stands withdrawn by virtue of section 2(3) of the Repealing Act. The court will not examine the correctness or propriety of the opinion nor exercise any supervisory jurisdiction in regard to such a opinion of the Review Committee. But we make it clear that if the opinion of the Review Committee is challenged by any aggrieved party in writ proceedings and is set aside, the Court where the proceedings were pending, will continue with the case as if there had been no such opinion."
Posted by Jasmine Joseph at 2:37 PM
http://practicalacademic.blogspot.com/2008/10/ghost-of-law-mahmadhusen-abdulrahim.html


Indian nun recounts rape ordeal
http://news.asiaone.com/News/Latest+News/Asia/Story/A1Story20081024-96148.html
NEW DELHI - A nun who was allegedly raped during recent anti-Christian violence in eastern India demanded a federal probe Friday, and accused local police of shielding her attackers.
The nun was reportedly assaulted by a rioting mob on August 25, days after the murder of a Hindu priest sparked attacks by Hindu extremists on the Christian community in coastal Orissa state.
More than half-a-dozen people have been arrested over the incident.
But Mina Barwa told reporters in New Delhi that she had little faith in local police.
Barwa, 29, said she was dragged to a burned-out Christian home where two men held her down and a third raped her. She was then beaten with sticks and paraded semi-naked in the streets as mobs threatened to gang rape her.
"They pulled out my sari and one of them stepped on my right hand and another on my left hand and then a third person raped me," said Barwa, who covered her face with a scarf while speaking.
She was then paraded in the streets, along with a priest.
"They had already torn away my blouse and undergarments," she said. "And they went on beating me with hands on my cheeks and head and with sticks on my back."
At least 35 people died in weeks of anti-Christian attacks in Orissa and nearly 50,000 fled their homes. Many of them remain in state-run shelters.
Pope Benedict XVI strongly condemned the violence.
This week, India's Supreme Court rejected a plea by a Catholic bishop for a federal investigation into the alleged rape, saying the matter should be probed by the Orissa police.
Religious clashes erupt periodically in India where only 2.3 percent of the more than 1.1 billion population are practising Christians.
Hardline Hindu groups accuse missionaries of bribing poor tribes people and low-caste Hindus to convert to Christianity by offering free education and health care.
http://news.asiaone.com/News/Latest+News/Asia/Story/A1Story20081024-96148.html




Teacher tribunal on table
http://www.telegraphindia.com/1081024/jsp/frontpage/story_10013286.jsp CHARU SUDAN KASTURI
New Delhi, Oct. 23: Teachers in private schools and colleges with grievances against their institutions may soon be able to seek government intervention through a controversial job dispute redress mechanism proposed by the Centre.
The human resource development ministry has drafted plans for a national teachers’ tribunal that for the first time will see government intervention in employment concerns of private sector teachers, The Telegraph has learnt. The proposed tribunal will cover unaided private institutions.
The decision to set up a teachers’ tribunal was taken after the ministry received a slew of complaints from private sector teachers — at school and college levels — of severe exploitation, ministry sources said.
The private sector employs over two-thirds of India’s teachers at the school and higher education levels.
“As a majority of India’s teachers are today in the private sector, we in the government felt it is essential that we address their concerns. A central grievance redress mechanism is crucial,” a government official said.
The ministry has set up a committee headed by higher education secretary R.P. Agrawal to finalise the blueprint for the project that officials admit is likely to meet opposition from private educational institutions.
“We expect the plan to be opposed by sections of the private education sector. But the government has a responsibility towards the country’s teachers,” a ministry official said.
The initial concept of the tribunal envisages a body that teachers can approach for all concerns related to their employers. The tribunal, sources said, may be given the power to issue a notice to the employer.
The body may be loosely modelled on the Central Administrative Tribunal (CAT) for central government employees and a bill will have to be moved to facilitate its birth.
Concerns raised by teachers have ranged from a hire-and-fire policy adopted by an institution to the management’s refusal to allow employees to form a union, the official said.
Independent studies have also shown that private schools in several parts of rural India typically pay one-third the salaries that government schools in the same areas pay.
In Delhi, teachers from a number of private schools have over the past three years gone on strike protesting against alleged violation of labour rights.
The private sector contributes around 80 per cent of schools, including pre-schools, in India.
India has 17,625 colleges in all. Of these, only 5,386 (30 per cent) are aided financially by local, state or central governments.
The move to set up a national teachers’ tribunal comes amid growing opposition from college and university teachers across the country over a delay in promised salary hikes.
The announcement of Assembly polls in five states has forced the ministry to delay the raise as the hike could be seen as a form of allurement by the Election Commission.
Although the salary hikes are valid only for varsities run by the government — Centre or state — and for institutions aided by the government, many private universities follow the recommendations of the central pay panel.
Officials denied any link between the delay in pay hikes and the plan for the tribunal, but hinted they were under pressure to start interventions in employment concerns by the approaching Lok Sabha polls.
“We want to finalise the project over the next couple of months after which we can seek Cabinet clearance and implement it,” a source said.
http://www.telegraphindia.com/1081024/jsp/frontpage/story_10013286.jsp

Thursday, October 23, 2008

Daily Legal News 23.10.2008

Govt to HC: Dismiss Railways writ petition on coach factory
http://www.expressindia.com/latest-news/govt-to-hc-dismiss-railways-writ-petition-on-coach-factory/376919/
Express News Service
Posted: Oct 23, 2008 at 0341 hrs IST
Lucknow, October 22 The state government submitted an application to the Allahabad High Court on Wednesday asking it to dismiss a writ petition filed by the Union Railway Ministry in connection with the government’s decision to take back land meant for the construction of a coach factory in Rae Bareli.
The government submitted that following its decision to return the land, the petition now stands “infructuous”.The ministry, on the other hand, opposed the application on the ground that the new order is different from the previous one, as it talks about providing the land on lease.
In the previous order, land was registered in the ministry’s name as an outright purchase.
The Lucknow Bench of the High Court comprising Justices Pradeep Kant and Ved Pal asked the ministry to submit a rejoinder as a reply to the counter-affidavit filed by the state. The next hearing will be held on November 11.
Dr Ashok Nigam, Additional Solicitor General and also the counsel of the ministry, said: “The counter-affidavit by the state government came around 4 pm on Tuesday. It hardly gave us time to prepare a reply. We have thus asked for more time to submit our rejoinder.”
If necessary, we may amend the petition to challenge the fresh order of the state government, he added.
http://www.expressindia.com/latest-news/govt-to-hc-dismiss-railways-writ-petition-on-coach-factory/376919/


Supreme Court judgement disappoints Cuttack archbishop
http://www.newstrackindia.com/newsdetails/30500
National,Religion, Wed, 22 Oct 2008 IANS
Bhubaneswar, Oct 22 (IANS) Raphael Cheenath, the Archbishop of Cuttack - Bhubaneswar Wednesday said he was disappointed with the judgement of the Supreme Court on the petition he filed seeking a Central Bureau of Investigation (CBI) probe into the nun rape case.
'I am disappointed. I was expecting more from the Supreme Court,' Cheenath told media persons after hearing the news that the apex court has declined his plea.
Cheenath said he will go through the judgement and will discuss it with the people of his community before giving any further statement on the matter.
Kandhamal district has seen large-scale communal violence, mostly attacks on Christians and their places of worship, after the Aug 23 killing of Vishwa Hindu Parishad (VHP) leader Swami Laxmanananda and four of his aides.

Though Maoist rebels have claimed responsibility for the killings, radical Hindu groups hold Christians responsible for the crime.

At least 36 people have died in the violence that has left more than 20,000 people homeless.

Cheenath had filed a petition in the apex court seeking compensation to rebuild the churches demolished in the sectarian violence and seeking a probe by CBI into the alleged rape of a nun in the district.
http://www.newstrackindia.com/newsdetails/30500


Gujarat HC notice to Union finance ministry
http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_notice_to_Union_finance_ministry/articleshow/3630597.cms
23 Oct 2008, 0255 hrs IST, TNN
AHMEDABAD: Gujarat High Court last week issued notice to Union finance ministry and sought explanation about appointment of independent directors in 12 nationalised banks. High court acted on a public interest litigation filed by Senior Citizens' Service Trust challenging the appointments claiming that these appointments were political, whereas the provision states that the persons appointed on these posts should have expertise in various fields. Praful Desai, executive secretary of this litigant group, has claimed in his PIL that as per Section 9(3)(A) of Banking Companies (Requisition and Transfer of Undertaking) Act, independent directors, who are also known as 'non-official directors' in bank parlance, should possess special knowledge or practical experience in fields such as agriculture or banking or economics or law or small scale industries. Their appointments are usually made to represent the interest of depositors. However, in 2007 the Union government appointed 37 independent directors, "of whom 33 are known for their allegiance to the Congress party — some are politicians, who have either lost election or loyalists to whom party wishes to dole favour," the petitioner has claimed. The petitioner group sought information from the finance ministry under the RTI Act, which said that the list of 60 potential directors, who are chartered accountants, company secretaries, lawyers, economists etc. was not placed by the Banking Department before the cabinet appointment committee, which selected the 37 persons. Claiming that these appointments were in violation of the statutory provision and framed guidelines, the Trust filed this PIL. High court has fixed November 19 for further hearing in this case.
http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_notice_to_Union_finance_ministry/articleshow/3630597.cms



Cong tries to raise issue of SC order on Godhra
http://www.hindu.com/thehindu/holnus/002200810231222.htm
New Delhi (PTI): Congress members on Thursday tried to raise in Rajya Sabha the issue of Supreme Court ruling that charges under POTA could not be brought against Godhra train carnage accused, but were not allowed to do so.
As soon as the House met for the day, Praveen Rashtrapal (Cong) raised the ruling of the Apex Court earlier this week.
He was, however, countered by BJP members particularly those from Gujarat.
As both sides traded charges and counter-charges, Chairman Hamid Ansari pleaded for the Question Hour to be taken up.
Order was soon restored in the House and the listed agenda was taken up.
The Apex Court had held that the findings of the state POTA Review Committee to drop charges against the train carnage accused under the repealed anti-terror law would be binding on the government and the designated court.
http://www.hindu.com/thehindu/holnus/002200810231222.htm



HCS pass marks reduced for SC candidates
http://www.indianexpress.com/news/HCS-pass-marks-reduced-for-SC-candidates/376897
Express News Service Posted: Oct 23, 2008 at 0314 hrs IST
Chandigarh, October 22 : The Haryana Chief Minister, Bhupinder Singh Hooda today announced five per cent decrease in the minimum pass marks required by SC candidates for recruitment to the posts of HCS (executive and judicial branches). candidates from this category would now be declared pass even if they get 45 per cent marks, five per cent less than the earlier minimum pass marks. He also announced increase in the amount of financial assistance being given to advocates belonging to the Scheduled Castes (SCs) for purchasing library books from Rs one lakh to Rs 1.5 lakh
Hooda, who was here to attend a seminar on ‘Uplift of lawyers from weaker sections’, organised by the Dr Ambedkar SC/ST Association of Advocates here today, said the state Government was committed to the uplift of the weaker sections of society.
Terming Congress and the people of scheduled castes and backward classes as complementary to each other, he said that whenever people of these communities got annoyed with the party, it had lost power and whenever Congress lost power, a number of atrocities were committed on the people of these communities.
Hooda said he was highly sensitive to the problems of poor people of the society because he belongs to a family which always fought against social injustice. Giving details of the steps taken by his government for the uplift of the poor, he said that a seven-time increase in the budget meant for the development of SCs had been effected. HPCC president Phool Chand Mullana. Babu Ram Dahiya, president, Dr Ambedkar, SC/ST Association of Advocates, gave a memento to the Chief Minister. Former Chief Justice of Punjab and Haryana HC, Vijender Jain, was also present.
http://www.indianexpress.com/news/HCS-pass-marks-reduced-for-SC-candidates/376897



SC declines CBI probe into nun's rape case
http://timesofindia.indiatimes.com/India/SC_declines_CBI_probe_into_nuns_rape_case/articleshow/3627890.cms
23 Oct 2008, 0101 hrs IST, Dhananjay Mahapatra , TNN
NEW DELHI: The Supreme Court on Wednesday refused to order a CBI probe into the nun's rape case and asked as to why the victim was not participating in the test identification parade of the accused to nail

the culprit despite having stated that she can identify the perpetrators. "If you do not cooperate with the police in investigating the case and finding out the truth, there is little this court can do," the court told Archbishop Raphael Cheenath, who was virtually pleading on her behalf to say the victim had no faith in the state police. Except for refusing CBI probe into the rape case, the SC gave a slew of directions to the Naveen Patnaik government, all aimed at bringing back normalcy in the riot-hit areas and giving protection to the Christian community, which expressed apprehension of being targeted again during the coming Christmas festivities. Brushing aside the Centre's reservations, a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal ordered all the additional central paramiliatary forces, which were rushed to the state when rioting was at its peak, to remain stationed there till December-end. It also asked the state government to immediately pay compensation to the victims, give sufficient protection to all relief and rehabilitation workers, including those from Christian NGOs, working to provide succor to victims in relief camps in Kandhmal district and adjoining areas. On the contentious issue of Rs 3 crore demanded by petitioner and Archbishop Raphael Cheenath for rebuilding churches demolished and damaged by mobs, the apex court was at a loss to understand how grants could be given for rebuilding damaged orphanages, hospitals and schools run by the community, but not for the reconstruction of churches. Appearing for the state, senior advocate K K Venugopal said the Naveen Patnaik government was following a central guideline framed for the 1984 anti-Sikh riots when grants were given to charitable organisations run by the Sikh community but not for building damaged gurdwaras. However, he said the state was ready to contribute if the court so directs. The Bench asked the state government to generously consider providing grants for reconstruction of churches and encouraging inter-community meetings to bring back peace and normalcy in the riot-hit areas so that communal harmony prevails. The nun's rape case was the focus of the proceedings that went on for more than two hours before the Chief Justice's Bench. When the court wondered as to why the nun was not cooperating with the police in the investigation, senior advocate Colin Gonsalves, appearing for the petitioner, pooh-poohed the state's claim of a fair investigation. He said the nun had alleged that after the rape she was in protection of policemen who did not do anything when a mob dragged her out, stripped her and paraded her in the entire village. No policeman has been punished for derelection in duty, he alleged. Venugopal pointed out that these allegations were not part of the original complaint. Gonsalves said this attitude of not trusting a rape victim had pained her immensely and she now felt that there was no point in pursuing the matter as the sinners would be punished in their next birth.
http://timesofindia.indiatimes.com/India/SC_declines_CBI_probe_into_nuns_rape_case/articleshow/3627890.cms




SC caught Centre's doublespeak on POTA
http://timesofindia.indiatimes.com/India/SC_caught_Centres_doublespeak_on_POTA/articleshow/3630853.cms
23 Oct 2008, 0442 hrs IST, Dhananjay Mahapatra , TNN
NEW DELHI: The Supreme Court has caught the UPA government's double speak on the binding nature of the recommendations given by POTA Review Committees on designated trial courts. The Centre may have rejoiced at the vindication of its stand in Tuesday's Supreme Court ruling that the committee's recommendation for dropping POTA charges against all accused in Godhra train burning case was binding on the designated trial court, but it said something different before the Gujarat High Court in the same case. In paragraph 19 of the judgment authored by Chief Justice K G Balakrishnan, writing for himself and Justice R V Raveendran, the judges said: "In so far as Union of India is concerned, we find that there is a slight shift from the stand taken before the high court." In the high court, the Centre had argued that the power of the review committee was subject to section 321 of the Criminal Procedure Code, under which it was for the public prosecutor alone to withdraw charges against an accused with the permission of the concerned government. Justice Balakrishnan said the Centre's stand was accepted by the HC, which said: "We are inclined to agree with the additional solicitor general that the impugned provision should be read in conjunction with the code and the same do not, in any manner, encraoch upon the judicial power of the state and that the opinion formed by the review committee on the prima facie nature of the case under POTA has to be given due weightage by the special court and accepted unless there are exceptional reasons for not doing so." Without challenging the HC decision in the Supreme Court as was done by the Godhra case accused, the Centre shifted its stand and in principle supported the stand of the POTA accused that once the review committee recommended dropping of anti-terror law charges, it amounted to deemed withdrawal. The trial court was bound by it and the public prosecutor had no role, it had said.
http://timesofindia.indiatimes.com/India/SC_caught_Centres_doublespeak_on_POTA/articleshow/3630853.cms





Grant bail only for good reason: SC tells courts
http://economictimes.indiatimes.com/News/PoliticsNation/Grant_bail_only_for_good_reason_SC_tells_courts/articleshow/3630586.cms
23 Oct, 2008, 0251 hrs IST,Sanjay K Singh, ET Bureau
NEW DELHI: The Supreme Court has said that the bail granted to the accused is liable to be set aside if the adequate reasons for granting it are not laid out by the court. A bench comprising Justice Arijit Pasayat and Justice C K Thakker said: “While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence.” The bench said that it is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail. These are: The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. Second, reasonable apprehension of tampering of the witness or apprehension of threat to the complainant. Third, prima facie satisfaction of the court in support of the charge. Justice Pasayat writing the verdict on behalf of the bench said, “though a conclusive finding in regard to the points urged by the parties is not expected of the court considering the bail application, yet giving reasons is different from discussing merits or demerits.” The court cancelling the bail of an accused said that at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated, observed court. The apex court said that the accused released on bail shall surrender to custody forthwith. The Lucknow bench of the Allahabad high court had granted bail to an accused facing trial for an alleged murder and Section 120 B of the Indian Penal Code.
http://economictimes.indiatimes.com/News/PoliticsNation/Grant_bail_only_for_good_reason_SC_tells_courts/articleshow/3630586.cms







“Give weaker sections fair representation in judiciary”
http://www.hindu.com/2008/10/23/stories/2008102355721300.htm
Legal Correspondent
NEW DELHI: The parliamentary committee on Law and Justice has expressed concern at inadequate representation of the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and women in the High Courts and the Supreme Court.
Because of inadequate representation “the judiciary is unable to comprehend the social flavour of the legislation passed by Parliament and the State legislatures. Further, when the executive and the legislature, under the constitutional provisions, are required to provide adequate representation to these weaker sections, there is no reason why the higher judiciary should also not come within that ambit to address the issue of social justice and equity,” the panel said in its 28th report submitted to Parliament on Wednesday.
The committee, headed by E.M. Sudarsana Natchiappan (Congress), recommended to the government that it ensure adequate representation of the weaker sections in the Supreme Court and High Courts. “More so, when the number of judges is increased in the Supreme Court this social justice and equity should be ensured.”
Regional benches
The committee reiterated its earlier recommendations that the Constitution be amended to make a provision for establishment of regional Benches of the Supreme Court in the west, northeast and south for easy accessibility of justice to the poor and needy. As an experimental measure, a Bench could be set up in Chennai.
Litigants in the southern States, Tamil Nadu in particular, had to incur a large expenditure on approaching the Supreme Court “on account of the distance and cost involved in the process.” Therefore a Bench should be established in Tamil Nadu to meet the needs and expectations of the innumerable litigants in the southern region.”
The panel urged the government to increase the strength of judges in the Supreme Court from 25 to 30, excluding the Chief Justice. The draft Bill in this regard could be adopted without any change, it said. Increasing judges strength would pave the way for clearance of over 46,000 cases pending in the Supreme Court, enabling the litigant public to have easy access to justice.
The committee wanted the retirement age of judges of High Courts raised from 62 to 65 and of the Supreme Court from 65 to 68.
The government should take every conceivable measure to reduce pendency not only in the Supreme Court but also in the High Courts and subordinate courts so that delays in dispensation of justice could be reduced, the panel said.
http://www.hindu.com/2008/10/23/stories/2008102355721300.htm



Make appointments to higher judiciary transparent: panel
http://www.indianexpress.com/news/Make-appointments-to-higher-judiciary-transparent--panel/376680
Maneesh Chhibber Posted: Oct 23, 2008 at 2323 hrs IST
New Delhi, October 22 : The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has reiterated the need to make appointments to higher judiciary “transparent” so as to ensure that only deserving candidates make it to the Bench.
Interacting with the media after the 28th report of the committee was tabled in both Houses of Parliament on Wednesday, panel chairman E M Sudarsana Natchiappan, a Congress MP in the Rajya Sabha, said the present system of appointment of high court and Supreme Court judges through the collegium system had failed.
“Why is the entire process shrouded in mystery? There is need to have transparency in the appointment process. At each stage, starting with the process of screening of candidates, the material should be placed on the website of the Supreme Court so that the public is able to monitor the selection process. This will also lead to more accountability,” Natchiappan said.
He said the committee was in favour of reverting to the pre-1993 system of selection of judges, when the executive played an important role in the process. The power of appointing judges was taken over by the Indian judiciary through a judgment made in 1993.
http://www.indianexpress.com/news/Make-appointments-to-higher-judiciary-transparent--panel/376680

HC to ICICI Bank: Face the music for making unsolicited calls for making unsolicited calls
http://timesofindia.indiatimes.com/Mumbai/HC_to_ICICI_Bank_Face_the_music_for_making_unsolicited_calls_for_making_unsolicited_calls_/articleshow/3629964.cms
22 Oct 2008, 2213 hrs IST, Abhinav Garg, TNN
New Delhi: A furious Delhi High Court (HC) on Wednesday blasted ICICI Bank for making unsolicited calls despite a court ordered ban and said it shoul d now "face the music'' in contempt proceedings going on before State Consumer Commission. Refusing to stay the proceedings, as sought by the bank in its petition, a division bench comprising Justice Vikramjeet Sen and Justice S L Bhayana trashed the banks' claims that it was obeying courts directive. "You think you are above the law? Everyday we receive calls at all times of the day from ICICI for loans, credit cards...now you face the music,'' the HC bench exclaimed when the counsel for the bank argued that the complainant in the case, advocate Nivedita Sharma, had no evidence to back up her claims of the bank still making pesky calls to customers. The HC was hearing an application filed by the bank seeking the HC's intervention and a stay on the contempt petition filed by Sharma before the State Commission, in which she complained that she had been receiving calls from the bank despite a direction from the commission to stop harassing consumers and even after TRAI (telecom regulator) created a `Do Not Call Registry' where consumers can register themselves to avoid receiving calls. In her contempt plea, the lawyer complained that despite all these measures, the bank still made unsolicited calls to her and other customers. On her complaint, the commission in December 2006 had imposed an exemplary cost of Rs 50 lakh on service provider Airtel and Cellular Operators Of India for their failure to control the pesky calls made by the telemarketers and banks. The Commission had also imposed Rs 25 lakh penalty, to be jointly paid by the ICICI Bank and American Express Bank, for making repeated calls to the mobile users. This order was subsequently modified by HC, which lessened the fine amount but asked the companies to abide by commission orders and TRAI guidelines. On Wednesday HC refused to expunge any remarks made by the commission in its verdict, as sought by the petitioners. In its order, the State Commission had agreed with Sharma's characterisation of the bank, service provider and TRAI as the "unholy trinity'' responsible for flooding a customer with pesky calls. Speaking to TOI, Sharma maintained that she stood by her allegations and would pursue the contempt proceedings against the bank to its logical conclusion before the commission.
http://timesofindia.indiatimes.com/Mumbai/HC_to_ICICI_Bank_Face_the_music_for_making_unsolicited_calls_for_making_unsolicited_calls_/articleshow/3629964.cms



Angry HC fines Gutkha firm for wanting to hire ‘retired judges with contacts’
http://www.indianexpress.com/news/Angry-HC-fines-Gutkha-firm-for-wanting-to-hire--retired-judges-with-contacts-/376810
Krishnadas Rajagopal Posted: Oct 23, 2008 at 0109 hrs IST
New Delhi, October 22 : The DS Group, a business “conglomerate” which also sells gutkha, was left with a bad taste in the mouth Wednesday after the Delhi High Court slapped a fine of Rs 1 lakh for putting out an employment advertisement inviting “retired judges with contacts in the judiciary” as its “Head – Legal”.
The advertisement, which appeared in the Power Jobs column of Hindustan Times and on job website naukri.com on September 4, 2007, said the company — DS Group — required as “Head – Legal” a candidate whose profile “must be LLB, LLM or a retired judge with contacts in the judiciary”. The firm insisted that only those candidates with at least 12 to 15 years experience in the legal field should contact them at their Noida office.
The material was first spotted by a Delhi High Court lawyer Sunita Tiwari. “I was shocked to find the advertisement in Hindustan Times. It took me an entire day to believe that they were actually inviting retired judges as their employees,” said Tiwari who initiated action against the DS Group.

The next day, Tiwari went to court against the “business house” she described as “a multi-crore company with popular brands like Catch Spring Water, Catch Flavoured Water, PassPass, Rajnigandha, Baba Zarda, Tulsi gutkha, etc”.
http://www.indianexpress.com/news/Angry-HC-fines-Gutkha-firm-for-wanting-to-hire--retired-judges-with-contacts-/376810



SC rejects Yadav's plea for Katara appeal hearing in Allahabad HC
http://timesofindia.indiatimes.com/Delhi/SC_rejects_Yadavs_plea_for_Katara_appeal_hearing_in_Allahabad_HC/articleshow/3629724.cms
22 Oct 2008, 2229 hrs IST, TNN
NEW DELHI: Vikas Yadav's attempts to seek transfer of his appeal challenging his conviction and life sentence in the Nitish Katara murder case outside Delhi to avoid adverse publicity drew a blank in the SC on Wednesday. A passioned plea that he was caught in the `media glare' and became a victim of trial by media had little impact on a Bench comprising Justices Dalveer Bhandari and H S Bedi, which dismissed his petition seeking transfer of the hearing on his appeal to the Allahabad HC or any other HC. One of the grounds pleaded by the accused, who is convicted for masterminding the murder of Katara for his alleged affair with his sister Bharati, was that the incident took place in Ghaziabad and that he was tried there before the apex court on Neelam Katara's plea transferred it to Delhi. Though the trial was transferred to Delhi, the original jurisdiction of the Allahabad HC could not have been taken away as the murder had taken place in UP and the appeal against the trial court verdict should be taken up in the HC there and not in Delhi, his counsel senior advocate Ashok Desai argued. With the apex court refusing to entertain his petition, the appeal would now be heard in the Delhi HC. Vikas Yadav was convicted by a Delhi court on May 28 this year, nearly six years after the apex court had on August 23, 2002, transferred the trial from Ghaziabad.
http://timesofindia.indiatimes.com/Delhi/SC_rejects_Yadavs_plea_for_Katara_appeal_hearing_in_Allahabad_HC/articleshow/3629724.cms



HC directs MCD to close down illegal dhabas
http://timesofindia.indiatimes.com/Delhi/HC_directs_MCD_to_close_down_illegal_dhabas/articleshow/3629768.cms
23 Oct 2008, 0044 hrs IST, TNN
NEW DELHI: Taking a strong step against unlicensed roadside eateries, the Delhi High Court has directed MCD to close down all illegal dhabas within a month. Asking the civic agency to crack the whip against all dhabas in the Capital, which do not possess a license, the High Court said, "It is directed that all dhabas on that road and for that matter throughout Delhi, running without licence, must be treated equally and all dhabas which are without license, being run in the municipal area, must be closed down forthwith." HC added, "The action of closure of these dhabas be taken within 30 days from October 16, 2008 and an affidavit in this respect be filed in the court, alongwith the names of all responsible officials of each area, who are liable to take the necessary action." HC wondered why it needed to come up with a direction and pulled up MCD for failing to act on its own. "At first instance, no dhaba should be allowed to run without a licence. There is no reason why these unauthorised dhabas, hawkers, road encroachers should keep encroaching on public land, endangering public health by greasing palms of the concerned officials," the court observed, adding, "If officials have little care about the health of the public and about the encroachment of public land, none of these dhabas, hawkers would come up at the first instance." The court took a serious view of the MCD's decision to only close six illegal dhabas instead of closure of all illegal dhabas in Mandoli area of east Delhi in compliance with the court's July order. The court order came on a petition, filed by a dhaba owner, alleging that MCD had adopted a `pick-and-chose' policy while closing the dhabas, running without licence in the area. He alleged that six dhabas, including his eating joint, were closed by the MCD on the ground that they have been serving non-vegetarian food, whereas other dhabas were left untouched on the ground that vegetarian food was served in them. Rejecting this argument of MCD, HC noted, "No distinction can be made out on the ground that one dhaba is serving vegetarian food and the other is serving non-vegetarian food. The distinction can be drawn between licensed and unlicensed ones."
http://timesofindia.indiatimes.com/Delhi/HC_directs_MCD_to_close_down_illegal_dhabas/articleshow/3629768.cms



HC rejects Pappu Yadav's bail plea
http://timesofindia.indiatimes.com/Cities/HC_rejects_Pappu_Yadavs_bail_plea/articleshow/3629886.cms
22 Oct 2008, 2129 hrs IST, PTI
PATNA: Controversial RJD MP Rajesh Ranjan alias Pappu Yadav failed to get reprieve from the Patna High Court, which today dismissed his bail petition in CPI(M) legislator Ajit Sarkar murder case. A division bench, comprising Justice Shiva Kirti Singh and Justice Dharnidhar Jha, rejected the bail petition filed by Pappu Yadav, convicted in the case by the trial court on February 14 this year. The bench refused to entertain the plea of Yadav's counsel N P Singh, who sought bail for the Lok Sabha member from Madhepura on the basis of medical reports that recommended urgent hospitalisation of him for morbid obesity and hypertension. Yadav's counsel contended that the diseases the MP was suffering from could be treated only at the All India Institute of Medical Sciences in New Delhi. Strongly disputing the defence counsel's claim, CBI advocate Vipin Kumar Sinha submitted that a bench of the High Court had on July 9 rejected Yadav's earlier bail petition after going through all the medical reports. The bench then disposed of the prayer observing that proper medical attention should be paid to the convict if any such advise is made by the jail doctors. CPI(M) leader Ajit Sarkar, the then MLA from Purnia, and two others had been shot dead allegedly at Yadav's bidding on July 14, 1998. Apart from Yadav, the special CBI court at Patna had awarded life term to Rajan Tiwari, underworld don-turned-politician and former Govindganj MLA.
http://timesofindia.indiatimes.com/Cities/HC_rejects_Pappu_Yadavs_bail_plea/articleshow/3629886.cms




HC pulls up CoD IGP
http://www.dnaindia.com/report.asp?newsid=1200263
DNA Correspondent
Wednesday, October 22, 2008 21:06 IST
BANGALORE: The Karnataka High Court on Wednesday pulled up the IGP Corps of Detectives Kishor Chandra and investigating officer Singad for not obeying its order in the vinivIc Srinivasa Shastry case.
Responding to the summons, Chandra and Singad appeared before the single bench headed by Justice Hulavadi G Ramesh.
After the submission of petitioners' advocate Shankarappa, the court directed the officers to file a statement before the court, for not complying with its order.
The court had earlier ordered that Shastry be taken to the CoD office every alternative day. This was to help the police to sort out the technical problems with regard to the compact disc. It was suspected the CD contains details of the depositors. The officers did not comply with order, the petitioners counsel alleged.
Shastry was lodged in the Parappana Agrahara Central Jail
Meanwhile, the court ordered the government pleader to clarify that whether this case falls within the jurisdiction of special court established under the Karnataka Protection of Interest of Depositors in the Financial Establishments Act 2004.
The court adjourned the matter to November 3.
http://www.dnaindia.com/report.asp?newsid=1200263



HIV test kits not sub-standard, Centre tells HC
http://www.ptinews.com/pti/ptisite.nsf/0/943E2C66E8F3A7B4652574EA00508CA2?OpenDocument
New Delhi, Oct 22 (PTI) The Centre today refuted all allegations against supplying sub-standard HIV test kits to various medical centres in the country.In an affidavit filed by National AIDS Control Organisation (NACO) on behalf of health ministry in the Delhi High Court, the government said that such allegations made by Dr Kunal Shah, a US resident and member of World Bank, is baseless."There is no evidence to support the vague, incorrect and wrong allegations regarding the substandard kits. On the other hand, there is evidence to show that the kits are not substandard," the affidavit said.The government's response came on a PIL filed by Dr Shah, through his counsel R Venketraman, seeking probe into an alleged racket of supplying sub-standard HIV test kits to medical centres.The Court, earlier, had admitted his petition and had issued notice to the Centre and NACO.Claiming that he himself visited various hospitals and blood banks in March 2007, the petitioner had stated that he found use of sub-standard HIV kits for detection of the disease.There is "use of spurious HIV kits in some hospitals and blood banks in India endangering transmission of the AIDS virus to unsuspecting patients," Shah said referring to the World bank report.He had stated that in January this year, the Bank has released a comprehensive report alleging that there is wide spread corruption going on and sought direction to the NACO Director to refer the HIV test kits in question to any other competent laboratory to find their efficacy. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/943E2C66E8F3A7B4652574EA00508CA2?OpenDocument



Delhi blasts accused approach HC against police custody
http://www.ptinews.com/pti/ptisite.nsf/0/71CA95BBC5B6FE97652574EA005058E1?OpenDocument
New Delhi, Oct 22 (PTI) The Delhi High Court today sought a response from the Centre and Delhi Police on a plea filed by family members of suspected terrorists, allegedly involved in last month's serial bomb blasts in the city, seeking to quash a trial court's order sending them to police custody till October 27.Advocate Prashant Bhushan, appearing for the family members of the accused contended that an accused can be detained for a maximum period of 15 days but the lower court erred by extending their police custody beyond the period.Justice Kailash Gambhir, after hearing his contention, issued notice to the Centre and the police and posted the hearing for October 30.The petitioner challenged the trail court's order of October 16 by which five suspected terrorists Mohammed Saif, Zeeshan Ahmad, Mohammed Shakeel, Zia-ur-Rehman and Saquib Nissar were remanded to 12 days' fresh police custody."Investigating agency is required to collect evidence and find out the truth of different dimension in the matter. Fair investigation is the mandate of law. Keeping in view the dynamics of the case and factual matrix, police custody remand is absolutely necessary," Chief Metropolitan Magistrate Sanjeev Jain had said while passing the order.Out of these alleged terrorists, family members of Zeeshan and Shakeel approached the High Court seeking to quash the trial court's order.Zeeshan, 23, and Shakeel, 24, were arrested by the Delhi Police on September 19 under suspicion of involvement in serial bomb blasts and were twice remanded to police custody till October 16. Their police remand were further granted till October 27. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/71CA95BBC5B6FE97652574EA005058E1?OpenDocument



Allahabad HC asks Centre And UP govt. to take measure to check pollution in Ganga
http://www.indlawnews.com/Newsdisplay.aspx?28667fc0-d4f4-4803-b4e7-8e13dbdf94aa
10/22/2008
The Allahabad High Court has asked the Uttar Pradesh and Union Governments to take special measures to deal with the pollution menace in the Ganga. The Court, in its order, has said it will be open to the Centre to consider setting up sewage treatment plant at Allahabad and Varanasi, a project earlier submitted by Japan International Cooperation Agency (JICA).The Counsel for the Central government submitted in the court that appropriate instructions will be obtained and necessary action taken in this regard. The order was passed by the High Court bench of Justices Ashok Bhushan and Arun Tandon on a writ petition filed by Hari Chaitanya Brahmchari Ji Maharaj of Allahabad. The court has asked the state’s Chief Standing Counsel M C Chaturvedi to file an affidavit with regard to the steps taken by the state in respect of decreasing depth of river Ganga due to silt and accumulation and sand. The court will hear the case further on November 16. UNI
http://www.indlawnews.com/Newsdisplay.aspx?28667fc0-d4f4-4803-b4e7-8e13dbdf94aa