LEGAL NEWS 22-24/01/2009

Y S Ratra,PSEB Chairman favours unbundling of Punjab State Electricity Board
http://www.kseboa.org/news/y-s-ratrapseb-chairman-favours-unbundling-of-punjab-state-electricity-board.html
Wednesday, 21 January 2009 13:24 News
PSEB Chairman says that PSEB will perform better if unbundled
Stating that unbundling of the Punjab State Electricity Board (PSEB) would encourage competition among the various departments of the Board, Mr Y S Ratra, Chairman of the PSEB called for implementing the recommendations of the Electricity Act 2003. “Although, it is up to the state government to decide on the issue of unbundling of the board, but I personally feel that such a move will definitely improve the functioning of the electricity department”, Mr Ratra, who was inaugurating an electronic billing machine, said.Asked, about the status of request submitted by the state government to the Centre to seek another extension after November 2008 for unbundling of the board, Ratra said that it was a matter between the state government and Centre.“Till now the Centre has not replied to the request for extension by the state government and deadline expired on November 30”, Mr Ratra said. Pointing out that the fall out of the unbundling in Delhi and Orissa, Mr Ratra said, “States, in which move of unbundling was done half-heartedly, the experiment has failed but in some states such as Gujarat, Karnataka and Rajasthan, the move was very fruitful as it drastically improved the functioning of the board”. Under Electricity Act 2003, all state electricity boards will be cease to exist and several states have unbundled their SEBs into Generation, Transmission, Trading and Distribution companies. Kerala had decided not to unbundle the Board into different companies, but to keep it as a single public sector company. The Punjab government has already attained extension eight times, on one pretext or another as trade unions were opposing the move. Trade unions are not against any reforms. Employees including PSEB Engineers Association had already demanded Kerala model reforms in the state.Source - Hindu Businessline




VC, HRD officials told to work out payment modalities
http://timesofindia.indiatimes.com/Cities/Patna/VC_HRD_officials_told_to_work_out_payment_modalities/articleshow/4008268.cms
21 Jan 2009, 0216 hrs IST, TNN
PATNA: The Patna High Court on Tuesday directed vice-chancellors (VCs) of all universities in the state, including Rajendra Agriculture University (RAU), principal secretary and additional secretary of the human resources development (HRD) department to appear before the court on January 27 in connection with a case related to payment of retiral dues and pension to a bunch of 142 writ petitioners. A single bench presided over by Justice Jaya Nandan Singh issued the directive adding that VCs of the universities, HRD principal secretary and additional secretary should first work out modalities of payments in consultation with the advocate general. The petitioners are retired teachers and non-teaching employees of all the universities. As the 142 writ petitions are of similar nature, the court is hearing the case together. And in view of this, modalities of payment of retiral dues and pension to retired teachers and non-teaching employees have to be worked out university-wise in consultation with senior HRD officials before the matter is heard by the court. The role of the advocate general in working out the modalities has been stressed by the court.




Judge assets: CIC wonders why SC opposing ‘innocuous’ order
http://www.indianexpress.com/news/judge-assets-cic-wonders-why-sc-opposin.../413758/
Seema Chishti Posted: Jan 22, 2009 at 0055 hrs IST
New Delhi: Chief Information Commissioner Wajahat Habibullah has said that while the Supreme Court was “well within its right” to contest an order under the RTI Act asking whether its judges had revealed their assets to the Chief Justice, “the order was something quite innocuous”.
“The only thing we wanted to ensure was if the courts, like all public bodies, are making information about the judges available, and are essentially under the ambit of the RTI,” Habibullah told The Indian Express.
On January 6, the Central Information Commission had asked the Supreme Court to disclose, under the RTI Act, if judges of SC and HCs declared their assets. The apex court had appealed against the order to the Delhi HC, and the latter stayed it two days ago. The apex court’s stand is that information relating to declaration of assets by the SC judges to the CJI is not a mandatory exercise under the law. However, a full court resolution of SC on May 7, 1997, required every judge to declare to the CJI assets including properties or any other investment in the name of their spouse and any person dependent on them. Challenging the CIC order, the SC said the order is excessive and without jurisdiction and the appeal made a distinction between the apex court as an institution and the office of the CJI. “Neither is the office of the CJI a public authority nor does the information relating to judges’ assets come in the public domain,” the Supreme Court said.
The next hearing in the Delhi HC is on February 12. It is unclear who will represent the CIC, but it is looking to make its point that all public bodies, “unless excluded by Section 8”, are subject to the RTI, and cannot claim immunity.
Meanwhile, Lok Sabha Speaker Somnath Chatterjee has said the judges of the higher judiciary should also be subjected to accountability on issues like the declaration of assets and on PILs. Referring to the controversy over declaration of assets by SC judges and the right of public to access this information, he said while even MPs were not required to make their assets public under law, “when a law (RTI Act) was made, I respect the law”. He said he had allowed access to information about MPs’ assets to anyone who sought it.


HC penalises top cop in surety case
http://timesofindia.indiatimes.com/Mumbai/HC_penalises_top_cop_in_surety_case/articleshow/4013726.cms
22 Jan 2009, 0755 hrs IST, TNN
MUMBAI: The Bombay high court on Wednesday ordered an assistant commissioner of police to shell out Rs 10,000 as fine for asking a person to obtain surety from a sitting corporator in a chapter proceedings case. Hearing a group of four such cases, a division bench of justices Bilal Nazki and Anoop Mohta issued a notice to a sessions judge in another case. Of the four cases, in two, the court allowed the state to withdraw the chapter proceedings and issue a fresh notice. The third case was related to the chapter proceedings initiated against a person who had got into an altercation with an RTO officer. The ACP from Nashik asked the person to submit a surety from an RTO officer. A sessions court upheld the order. The person had to remain in custody for three days as a result. The HC has issued a notice to the ACP and also the sessions judge. In the last case, an ACP from Pune asked the person to submit a surety of a sitting corporator. Unable to get any corporator to stand surety for him, the detenue had to spend 21 days in custody. The HC criticised the the ACP's conduct. It issued a showcause notice and also asked him to pay Rs 10,000 as fine.




Frame rules to deal with bandhs: HC
http://timesofindia.indiatimes.com/Mumbai/Frame_rules_to_deal_with_bandhs_HC/articleshow/4013699.cms
22 Jan 2009, 0000 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay High Court on Wednesday directed the state government to enact regulations to tackle "bandhs'' called by political parties. Irked by the fact that a 2004 judgment of the high court had been ignored by the state, a division bench of Justices J N Patel and K K Tated said the government should have incorporated the court's guidelines in its laws. "When a leader gives a call for a bandh, the entire responsibility belongs to him,'' said the judges. "He cannot come up with an excuse that his workers indulged in violence. The leader should pay compensation for the damage to public life and property.'' In 2004, the high court had ordered the Shiv Sena and the BJP to pay a fine of Rs 20 lakh each for a bandh called on July 30, 2003, following a series of bomb blasts in the city. The money was to be put in a common fund that was to be used to pay compensation to people whose property had been damaged during violence unleashed by party activists. The court had said that authorities must ensure that the group calling a bandh does not "stop or interfere with free movement of citizens on the roads". It had further directed the police to record violent incidents during such agitations so as to nail the miscreants. The high court had also recommended that the authorities submit an action taken report with the sessions court. "Why has the State not taken the directions of this court's order seriously,'' asked the judges. The judges said the government ought to have incorporated the 2004 guidelines in to the existing laws. The sweep of such a law should extend not just to registered political parties but also to unregistered groups that indulge in violent protests. The court was hearing a case filed by advocate Varsha Deshpande against three bandhs called by different groups within a span of three months in Satara. The judges cautioned the state authorities that failure to comply with the orders may be seen as contempt of the court. The matter will now be heard on February 18, 2009.



Remove all illegal vendors from stations: HC to railways
http://timesofindia.indiatimes.com/Mumbai/Remove_all_illegal_vendors_from_stations_HC_to_railways/articleshow/4013789.cms
22 Jan 2009, 0009 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay high court on Wednesday directed Central and Western railways to remove all illegal hawkers from foot-overbridges and platforms at stations across the city. A division bench of Justice J N Patel and Justice K K Tated passed the oral directive, warning the railway authorities that failure to comply with it would invite suo motu action against the top officers of the railways. "Illegal hawkers are not entitled to any protection,'' said the judges, adding that it was the duty of the railways to ensure the security of commuters using the stations. The judges said the common man was put to great inconvenience as foot-overbridges were crowded with hawkers. "You have the Government Railway Police and the Railway Police Force (guarding railway property). However, no action is taken against unauthorised hawkers who squat and encroach on bridges and stations.'' The court's orders came during the hearing of a petition filed by six hawkers based outside Kurla station who were resisting their removal. Advocate Suresh Kumar told the court that despite a series of orders going against the hawkers, they refused to budge. "The land (occupied by the hawkers) is required for ensuring free movement of the commuters,'' said Kumar. The court refused to grant any interim protection to the hawkers. Also, it did not indulge the petitioners' plea for rehabilitation at an alternative site. The railways did not have a rehabilitation policy for encroachers, the court was told. Advocate Kumar said periodic action was taken against hawkers, but the court was not satisfied. The advocate also informed the court that more than 124 hawkers outside Thane station had been rehabilitated due to an agreement with the municipal corporation. The court scheduled the matter for further hearing on January 27.




HC relief for 7 convicts languishing in jail
http://timesofindia.indiatimes.com/Mumbai/HC_relief_for_7_convicts_languishing_in_jail/articleshow/4013728.cms
22 Jan 2009, 0000 hrs IST, TNN
MUMBAI: The Bombay high court on Wednesday ordered the release of seven convicts who were languishing in jail even after serving their 14-year life sentence. A division bench of Justice Bilal Nazki and Justice Anoop Mohta asked chief secretary Johny Joseph to conduct an inquiry into the delay and fix responsibility. "Prisoners should not be made to stay even a day more than they are supposed to,'' said the judges. The court's order came as a reply to a petition filed by murder convict Vishwajeet Khanvanekar whose release from prison was delayed for over eight months after he competed his life sentence of 14 years. The court had then sought a report from the state on prisoners whose release had been delayed, despite having completed their jail terms. Deputy inspector general Rajneesh Seth, who was summoned by the judges, told the court that the seven prisoners lodged in the state central jails had served between 14 and 16 years. There were 258 other prisoners who had completed 12 years of their 14-year life term. Additional public prosecutor Pradeep Hingorani said that once the convicts complete 12 years in prison, the authorities start processing their files and seek the advisory committee's as well as police reports on the detenue. The files are then sent to the home department which classifies the prisoners in different categories depending upon the seriousness of the charges and recommends early or later release. The court told the state to ensure that in future, the files are processed in time and no prisoner is forced to overstay in jail.




All BEd degrees from RBU till 2001 invalid: HC
http://timesofindia.indiatimes.com/Kolkata_/All_BEd_degrees_from_RBU_till_2001_invalid_HC/articleshow/4014320.cms
22 Jan 2009, 0348 hrs IST, TNN
KOLKATA: West Bengal has managed to make a mess out of its teacher training programmes. After controversy over primary teacher training institutes, Calcutta High Court on Wednesday declared as invalid all BEd degrees from Rabindra Bharati University (RBU) between 1995-96 and 2000-01. This is because the university did not follow the National Council for Teacher Education (NCTE) norms during the period. The HC passed the order as it turned down a petition by schoolteacher Durba Sanyal Bhattacharya, who got her BEd degree from the university in 1999. The court also imposed a fine of Rs 5,000 on RBU for the loss and hardship the candidate had to suffer. The HC directed the university to return the tuition fees Bhattacharya had deposited while pursuing the course. The order does not apply to those who pursued the BEd course in RBU on and from 2000-01, when the university complied with NCTE norms. The anomaly came to light after Durba, now a teacher at Sahapur Girls High School in New Alipore, applied for the School Service Commission (SSC) examination for recruitment of principals to state-sponsored high schools. The SSC authorities rejected her application because her BEd degree wasn’t recognized by NCTE. Durba then moved court against RBU, saying that a university recognized by the University Grants Commission should have ensured that its BEd degree got NCTE recognition.




HC raps 3 panchayats over NDZ violations
http://timesofindia.indiatimes.com/Goa/HC_raps_3_panchayats_over_NDZ_violations/articleshow/4013892.cms
22 Jan 2009, 0029 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Wednesday severely reprimanded the panchayats of Chicalim, Velsao-Pale and Naquerim-Betul for not doing enough to abide by the court's earlier directives, with regards to structures built in the No Development Zone (NDZ) after February 19, 1991. The division bench comprising of the Chief Justice Swatanter Kumar and Justice N A Britto directed the three panchayats to "recover personally" from their respective sarpanch and secretary a penalty of Rs 10,000 each, within two weeks for laxity on the issue. When the suo motu petition came up for hearing on Wednesday, amicus curiae Norma Alvares disclosed that these three panchayats were not represented by any advocates and had not filed any affidavit as per the court's directives. Issuance of show cause notices to these offensive structures was the only action taken by the panchayats and the court's earlier directives have not been complied with at all, she pointed out. The bench thereafter expressed its dismay over the "sheer carelessness and irresponsibility" by the panchayats and observed that this was "least expected from the persons in charge". Subsequently, the court issued show cause notices under the Contempt of Courts Act to the erring panchayats for not taking "definite steps as per the last orders" of the court and has directed the panchayats to file replies before the next date of hearing. The matter will be heard after four weeks. The court also issued directions to the directorate of panchayats stating that cases pertaining to the illegal structures should not be kept pending for more than two months. During the hearing, Alvares submitted a list to the court indicating the number of illegal structures and the action taken by the respective panchayats. Colva panchayat topped the list with 196 demolition orders issued, which included two structures belonging to the tourism department. According to the list, the Calangute panchayat has in its jurisdiction 331 illegal structures, however all that has been done so far is to issue show cause notices.




Fresh HC move on franking machines in courts
22 Jan 2009, 0519 hrs IST, TNN
PATNA: The Patna High Court on Wednesday directed the secretary and inspector general of registration, Bihar postal circle's chief post master general and registrar general of the high court to hold a meeting with the advocate general on January 23 for chalking out the modalities of installation of franking machines for stamp-printing the petitions and affidavits in the courts across the state. All the four officials were present on Wednesday before a division bench comprising acting Chief Justice Chandramauli Kumar Prasad and Justice Shyam Kishore Sharma on a directive issued earlier. The court fixed January 30 as the next date of hearing of the case. The order was passed on a suo motu contempt of court proceeding initiated earlier on non-compliance of the order of a division bench for installation of franking machines in all the courts in the state by December 31, 2008. Encroached land: The same bench on Wednesday directed the state government to file a counter affidavit to a PIL which alleges delay on the part of the road construction department (RCD) in removing encroachment from a piece of land in Gulzarbagh which was allotted to Government Girls' College in 1989. The PIL has been filed by local ward councillor Dayanand Paswan who submitted that the college is the only women's college of the government in Patna City sub-division but it is being run from the premises of BNR Training College, Gulzarbagh. Petitioner's counsel Brijesh Kumar submitted a sum of Rs 14.5 crore has already been sanctioned by the state government for construction of the building of this college, and the chief minister was to lay its foundation on July 25, 2007. But this move was frustrated as the RCD has a hotmix plant on the land, he said. Appointment challenged: A single bench presided by Justice Navin Sinha on Wednesday directed the additional director (vigilance) to take all the documents regarding the examination for selection of lower division clerks in the state assembly so as to investigate the allegation of irregularities in selection. The order was passed on writ petitions of some unsuccessful candidates. Earlier also a similar order was passed by the court but the vigilance department was yet to collect the documents, said the counsel of legislative assembly, M P Gupta.




HC orders release of port officials held for bribe
http://timesofindia.indiatimes.com/Chennai/HC_orders_release_of_port_officials_held_for_bribe/articleshow/4013869.cms
22 Jan 2009, 0251 hrs IST, TNN
CHENNAI: A port health officer, who was arrested by the CBI last month while accepting a bribe of Rs 6,000 from a customs house agent to clear a fruit consignment, was ordered to be released on bail by the Madras high court. Justice T Sudanthiram granted bail to V V Sairam Babu, the port health officer, after his counsel submitted that the trapped official was in jail since December 19 and that two others arrested with him had already been released on bail. Opposing the relief to the official, government advocate S S Jayanthi contended that Sairam Babu had accepted illegal gratification from several custom house agents and importers. According to her, the arrested official did not cooperate with the investigation so far, and that probe was yet to be completed. In his order, the judge pointed out that the official was in prison for over a month now, and that a major portion of the investigation was over. Granting bail to Sairam Babu, the judge asked him to execute a bond for Rs 25,000 with sureties each for a like sum, and directed him to report to the CBI daily at 10 am for a period of four weeks.





HC slams state over bandhs
http://www.bombayblasts.com/2009/01/21/hc-slams-state-over-bandhs/
By -January 21, 2009
In 2004, the high court had fined the Shiv Sena and the BJP Rs20 lakh each for losses suffered by the state during a 2003 bandh. This time the state govt may have to face the music.
This post is provided to you by BombayBlasts.com



HC slaps cost of Rs 25,000 on man for filing frivolous PIL
http://www.indopia.in/India-usa-uk-news/latest-news/484523/National/1/20/1
Published: January 22,2009
New Delhi, Jan 22 The Delhi High Court today slapped a cost of Rs 25,000 on a man for filing a"frivolous"PIL seeking to quash a tender floated by it for installation of CCTV in a district court in south Delhi.
A Division Bench of Chief Justice Ajit Prakash Shah and Justice Sanjeev Khanna imposed the cost on Kumar Sanjay while observing that the PIL appeared to be"sponsored"by some one else.
Sanjay, who appeared before the Bench, admitted that he had studied till Class IX only and had no technical knowledge about the Close Circuit Television (CCTV).
The court also slammed Sanjay&aposs lawyer for not verifying his antecedents before filing the PIL. He told the court earlier that the petitioner was a journalist but later found himself in an embarrassing situation when the court wanted to know the name of Sanjay&aposs organisation.
After going through the technical details mentioned by the petitioner, the court wanted to know from his lawyer as to whether Sanjay is a technical expert and also inquired about his qualification.
Yesterday, the Bench told Sanjay to personally appear in the court after perusing of his PIL. He had questioned the technical specification in the tender floated by the High Court for its installation in the upcoming district court in Saket.
Source: PTI





HC questions police why no inquiry was held into Jamia encounter
http://www.hindu.com/thehindu/holnus/002200901221778.htm
New Delhi (PTI): The Delhi High Court on Thursday sought an explanation from the Delhi Police for not initiating a magisterial inquiry into the Jamia Nagar encounter, despite NHRC guidelines to do so.
"NHRC has been asking from the day one for compliance with the guidelines (for magisterial inquiry). Tell us what has been decided by the Lt Governor on the issue," a bench comprising Chief Justice A P Shah and Justice Sanjeev Khanna said, directing the police to file an affidavit.
The court was hearing a PIL filed by an NGO, Act Now For Harmony and Democracy, seeking a judicial inquiry into the encounter on September 19 in which two suspected terrorists allegedly involved in Delhi serial blasts and a police inspector were killed.
Advocate Mukta Gupta, appearing for the police, said it has sought permission from the L-G for an inquiry in the case. "The entire matter has been sent to the L-G who has sought certain clarification on the issue," she said.
She also informed that the police has submitted detailed investigation report on the encounter to the NHRC.
Earlier on December 22 last year, the NHRC had also sought a response from city police over issues linked to the encounter.
Two suspected Indian Mujahideen terrorists Atif Amin and Mohd Sajid were killed and two other terrorists, Mohd Saif and Zeeshan, were arrested in the encounter in the Batla House area. The incident took place a week after serial blasts rocked the Capital killing 26 people and injuring 13 others.
Inspector Mohan Chand Sharma was killed in the operation.




PIL filed against killing order of UP tiger
http://timesofindia.indiatimes.com/Earth/PIL_filed_against_killing_order_of_tiger/articleshow/4016850.cms
22 Jan 2009, 1617 hrs IST, IANS
LUCKNOW: A wildlife activist moved a PIL (public interest litigation) here against the government decision to kill a tiger that had strayed out of its habitat in Uttar Pradesh's Pilibhit region two months ago. Wildlife enthusiast and member of the Uttarakhand State Wildlife Board, Kaushlendra Singh, filed the case before the Lucknow Bench of the Allahabad High Court headed by Justice U.K. Dhaon. The judge, meanwhile, directed the state government counsel to seek instructions from the chief wildlife warden and return to the court Thursday. Justice Dhaon expressed concern over the petitioner's claim that as against nearly 30,000 to 40,000 tigers that roamed the Indian sub-continent few decades ago, there were just around 1,500 tigers left today. Singh blamed the state wildlife authorities for "allowing the genocide of tigers over the years". The tiger had sneaked out of its habitat in the Pilibhit area some two months ago. It had also killed a person few days ago. Authorities had initially tried to capture the animal alive but later ordered that it be killed when repeated attempts to capture it failed. The big cat has been prowling in the forest areas in various districts, including Shahjahanpur, Bahraich, Sultanpur, Faizabad and some parts of Lucknow. Currently, it was reported to be hiding in a forest area near Kumarganj in Sultanpur district, some 130 km from here. Singh pointed out that the declaration of the stray tiger as a "man-eater" by the state authorities was in violation of the established norms. "Uttar Pradesh's chief wildlife warden had declared the two-and-a-half-year-old tiger as man-eater after it killed a human some days ago. The victim had gone to a field where the tiger was hiding,” he said. He added that: "I seek the court's intervention simply because the wildlife department has authorized the shooters to kill the animal. Instead of doing that, they could have tried to capture the animal alive and transport it back to its natural habitat.” Singh said: "Since the tiger is young, the animal is capable of producing at least 30-40 cubs during her life time."




City transgenders hail Delhi PIL
http://www.dnaindia.com/report.asp?newsid=1223780
Humaira Ansari
Thursday, January 22, 2009 2:16 IST
Mumbai: While the plight of the transgender community continues to be abysmal in the country, the recent public interest litigation (PIL) filed in the Supreme Court by a eunuch from Ajmer demanding recognition and acceptance is being seen as a step in the right direction. The transgender community in the city is supportive of the demands that have been outlined in the PIL. "It's high time that the authorities pay heed to our demands and take our community seriously," says Simran, an active volunteer of Dai Welfare Society, an NGO working for eunuchs. A transgender herself, Simran feels that the basic problem confronting their community for long is the problem of gaining identification. Tamil Nadu is the only state in the country that has recognised the transgender community, given them a third option in the sex category, hence not forcing them to choose between the two sexes only. "We want other state governments to take cue. Not only in Mumbai, but eunuchs all over India want to live with dignity. And this is not possible unless we have our own identity, independent of the two conventional sexes," she adds.
Besides demanding recognition and acceptance of the community, the PIL also demands reservation in local bodies, legislative assembly as well as the Parliament. "It is hard for any change to come about in the community unless our community representatives have power and say in the decision making process," says Nandini, another eunuch working for the transgender community. Working part time as a make up artist, she swaps back into her sari, the attire she is more comfortable in. "We don't get jobs easily. So I wear my jeans and t-shirt and tie a scarf or bandana to cover my hair while at work. I can't afford to lose my job," she says. After the death of her father, her brothers disowned her, denying her the property rights as well. But she approached the human rights commission and got back her share of the property. Nevertheless, she is quick to admit that not everyone from the community is ready to fight for their rights and even if they do, the resources are meagre and the attitude of the authorities is extremely discriminating. "Neither the society nor the government has done anything for us. To them a hijra is someone who you can laugh and mock at. It all starts and ends there," she states.
However Simran points out that of late many from the community have taken to petty crimes. "Although discrimination and violence meted out to the community cannot be cited as a justification for these wrongdoings, they nevertheless are indicators and are not very pleasant," says Simran.
The initiation of an education programme for transgenders is also one of their demands and Nandini feels that there is a dire need for it. Drawing a parallel with the gay community, she says that many gays are educated and have financial support as well as independence, but this is not true for eunuchs. "There is a sea of difference in our lifestyles and appearance. We are far more vulnerable than they are," she says, adding that the media coverage of the eunuchs is also far less favourable than that given to the homosexuals.
Being immune to constant discrimination, mockery and violence, Nandini is optimistic about the results of the PIL, but she is also unsure if their demands will be heard and catered to. "It seems dream like, but I am hoping that it comes true, as hope is one thing that we have counted on for several years," she concludes.




Gowda’s letter: NICE files plea against order
http://www.hindu.com/2009/01/22/stories/2009012255401100.htm
J. Venkatesan
New Delhi: The Nandi Infrastructure Corridor Enterprises Ltd. (NICE) on Wednesday moved the Supreme Court against the Karnataka High Court decision to treat the letter written by the former Prime Minister, H.D. Deve Gowda, to judges as a public interest litigation petition and posting it for hearing on February 2.
In its special leave petition, NICE said that on January 12 the High Court, after adjourning connected matters, informed counsel that the members of the Bench had received personal letters from Mr. Gowda, together with a copy of booklet titled “Bangalore - Mysore Infrastructure Corridor Project – a case study in fraud and collusion to defeat the end of justice and defraud courts.”
The Division Bench of the High Court treated the letter as a PIL and directed that it be placed before the Bench for hearing on February 2 along with the connected writ petition. The SLP is directed against this order.
“The letter was a clear case of substantial interference with due course of justice and was, therefore, criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971,” the SLP said. “During the course of proceedings, hundreds of persons unconnected with any case were present in the court room thus giving an impression that they represented the author of the letter and the Janata Dal (S) of which he is the president.”
Seeking a direction to quash the High Court’s decision, the SLP said the approach adopted by the High Court was not conducive to the administration of justice. “The letter by no canon of law could be treated as a PIL as per law declared by the apex court in a catena of decisions since it was clearly guided for personal gain, political motive and oblique consideration designed to bypass the finality of the judicial process attained with the passing of the aforesaid judgment,” it submitted.




Tax heat on ex-ministers - Department issues notices
http://www.telegraphindia.com/1090122/jsp/jharkhand/story_10424542.jsp
CHANDRAJIT MUKHERJEE
Ranchi, Jan. 21: The income-tax department today issued notices to politicians involved in the disproportionate assets case pending before the high court.
The department, in an affidavit filed before the court, said that former ministers Bandhu Tirkey, Dulal Bhuiyan, Bhanu Pratap Sahi and Chandra Prakash Choudhary have not furnished their balance sheets, mandatory for recording their assets and liabilities.
Income-tax officer Ranjit Kumar Lal told the court that the department has analysed the information and details available in the PIL related to assets disproportionate to incomes of ministers. The data has been closely examined to identify the assessment years that require further scrutiny.
Lal’s report has been filed one day prior to the date fixed by the division bench headed by Chief Justice Gyan Sudha Mishra.
The matter will be taken up for hearing tomorrow and the court had ordered the department to file a status report in the matter.
In compliance with the court order, the department today provided details of the scrutiny undertaken to assess the income and assets of the ministers.
Lal said that the ministers had been filing their tax returns regularly, but they defaulted during some years for which a mandatory notice was issued by the department according to the provisions of the Income Tax Act.
The returns filed by the ministers are being analysed to ascertain whether they are in proportion to their incomes, Lal said in the affidavit. The ministers will be called for at the time of assessment to explain irregularities and furnish necessary documents, if any.
The details available for the acquisition of assets and investments by the ministers has not been specified. In the present case, the details mentioned by the ministers in their declaration forms at the time of filing their nomination forms for the elections in 2006-07 has been regarded as the base year for all tax calculations.
The matter came to the fore in a PIL filed by Durga Oraon, alleging disproportionate assets of some ministers.
Oraon has also filed a separate petition to nail former chief minister Madhu Koda and power broker Binod Sinha. Oraon alleged that the duo own and possess assets more than known sources of income.





It's premature to reveal 3G spectrum availability, Govt to HC

http://www.indopia.in/India-usa-uk-news/latest-news/483835/Business/4/20/4
Published: January 21,2009
New Delhi, Jan 21 The government today informed the Delhi High Court that it is premature to reveal about the total availability of the 3G spectrum, which is set to be auctioned, as of now.
Solicitor General G E Vahanvati submitted before the bench, hearing a PIL filed by an NGO, that it was premature to reveal about the total availability of the 3G spectrum, which is yet to be auctioned.
Earlier, a bench headed by Chief Justice A P Shah asked," What is the availability of the 3G spectrum as of today and why you (Centre) are not being transparent."
Vahanvati further submitted that the matter is now placed before the Cabinet Committee on Economic Affairs to look into all aspects of the issue.
Later, the court directed the Centre to file a detailed affidavit by next date of hearing and posted the matter for February.
The court was hearing a PIL filed by Society for Awareness and Development, which said"the auction (of spectrum) is being conducted in a completely non-transparent and an unfair manner, only with a view to favouring certain identified parties.
Source: PTI





Air India asked to pay Rs.26,000 to a passenger in damages
http://www.sindhtoday.net/south-asia/54691.htm
Jan 22nd, 2009 By Sindh Today Category: India
Indore, Jan 22 (IANS) A Madhya Pradesh consumer forum has asked Air India to pay a compensation of Rs.25,000 to a passenger for not informing her about the precautions before using dry ice to kill a pain during a flight.
The District Consumer Dispute Redressal Forum has also asked the airlines to pay additional Rs.1,000 as cost of the complaint.
Business woman Seema Sanghi, 52, complained to the forum that she had an acute back pain while travelling on Air India’s lA 432 flight from Kuala Lampur to India March 13, 2007.
She asked a flight steward for painkiller tablets and ice for fomentation. The flight steward gave her painkiller and carbonated dry ice wrapped in plastic bag, about whose use she was ignorant.
She fomented her shoulder with dry ice bag for about 20 minutes but when she landed at the Mumbai Airport, her back had become stiff and shoulder had burnt.
She had to undergo treatment first at Breach Candy Hospital in Mumbai and later at a dermatologist clinic in Indore.
‘And all this happened because the staff of the airlines did not inform me about the precautions to be taken while fomenting my back and shoulder with dry ice,’ Seema said in her complaint.
Dry ice is solidified carbon dioxide having temperature of 20 to 40 degree Celsius below freezing point and can burn the skin similar to frostbite if used without insulated cover.
The forum dismissed the plea of the airlines that dry ice was wrapped in plastic cover and then placed inside a pillow cover and, therefore, the complaint be dismissed.
The forum also rejected the plea that the passenger never complained of burns during the flight.
Asking the airlines to pay the fine, the forum held Air India guilty of not doing its duty to properly caution the passenger.




Firm fined for selling poor quality seeds to farmers
http://www.4jat.com/jat_community_article.asp?jat_community=927&category=News&keyword=UT_State_Consumer_Disputes_Redressal_Commission
The UT State Consumer Disputes Redressal Commission has upheld the order of the Bhiwani district forum, passed in 2001, wherein a seed company was directed to pay compensation for providing poor quality seeds......
Source: indianexpress.com
Updated on: 1/22/2009

The UT State Consumer Disputes Redressal Commission has upheld the order of the Bhiwani district forum, passed in 2001, wherein a seed company was directed to pay compensation for providing poor quality seeds to three Bhiwani-based farmers in separate cases.The complainant, Nathu Ram, purchased three bags of wheat foundation seed manufactured by the appellant Haryana Seeds Development Corporation at Rs 360 per bag at a total cost of Rs 1,080. It was stated that the seeds were sown in 1997 after mixing with urea as per directions given by the appellant. A total expense of Rs 5,422 was incurred on purchasing the urea, seeds and the process of irrigation.Ram alleged that the seeds did not germinate and he later discovered that the seeds were of inferior quality. An investigator assessed the loss, and reported to the Deputy Director, Agriculture, Bhiwani, that the seeds indeed were inferior. “If the seeds supplied had been up to the mark, I would have obtained 24 quintals of wheat per acre, earning about Rs 16,000 per acre,” stated Ram. In its reply, the Haryana Seeds Corporation stated that the seeds were of high quality. The firm further hinted that their seeds may not have been sown at all, with the complainant using seeds purchased from some other outlet, as they had not been informed at the time of sowing. It was further averred that germination depends upon many factors and it is possible that the seeds were not paid due care and the complainant failed to carry out proper irrigation.Announcing the verdict, the forum directed the seeds company to pay Rs 16,000 to the complainant towards loss of crop, Rs 2,000 for mental agony and Rs 500 towards litigation charges.In the second case against the same company, Ajit Singh was held entitled to Rs 40,000 for loss of crop, Rs 5,000 for mental agony and Rs 500 towards costs of litigation. The third complainant, Kailash Chand, was awarded Rs 16,000 towards loss of crop, Rs 2,000 towards mental agony and Rs 500 towards costs of litigation.The forum held: “The seeds have been certified to be defective as the marketing officer of the Seeds Certification Authority had conducted a spot survey and accepted the complainant’s plea that the seeds did not germinate due to poor quality.”





NRI Jailed For 21 Years For Killing Sons In Scotland
http://www.lawyersclubindia.com/news/2009/1/nri_jailed_for_21_years_for_killing_sons_in_scotland.asp
Posted on : Thursday, January 22, 2009 by AEJAZ AHMED
NRI Jailed For 21 Years For Killing Sons In Scotland22 Jan 2009, 1045 hrs IST, PTI LONDON: An Indian-origin man who murdered his two children before trying to set their bodies afire last year, has been sentenced to at least 21 years in jail. Ashok Kalyanjee, 46, slit the throats of sons Paul (6) and Jay (2) in his car at a beauty spot in the Campsie Fells, and then tried to torch the vehicle with himself and his victims inside. Sentencing Kalyanjee at the High Court in Paisley, Lord Brailsford told him, "This is as grave a crime as can be imagined. This crime was premeditated, planned, organised. "You used deceit and lies to persuade the children's mother and the children to go out with you that afternoon. You purchased the murder weapon in advance and acquired petrol. Kalyanjee pleaded guilty to the charge, was reportedly consumed with hate for Giselle Ross, his Scottish ex-wife, and for Scotland. Born in India, he has been in the UK since 1991. He married Ross in 2001 and the couple divorced in 2004. "The victims were defenceless. No doubt they loved you and assumed you would take care of them as a father should. One of the victims witnessed what happened to his brother," Lord Brailsford said. "I cannot imagine the suffering he must have endured. There is no mitigation for a crime of this enormity." Kalyanjee showed no emotion as the sentence was pronounced, but his ex-wife Giselle Ross yelled at him in the court, "They were my babies. They never even loved you anyway". Kalyanjee killed Paul and Jay on May 3 last year at a car park in the Campsie Fells near Lennoxtown, north of Glasgow. His sons did not want to spend the day with him but he lured them into his silver Mercedes with promises of toys.
Source : PTI –




CBI Wants Time To Probe '84 Anti-Sikh Riots Case
http://www.lawyersclubindia.com/news/2009/1/cbi_wants_time_to_probe_84_anti_sikh_riots_case.asp
Posted on : Thursday, January 22, 2009 by AEJAZ AHMED
CBI Wants Time To Probe '84 Anti-Sikh Riots Case22 Jan 2009, 1529 hrs IST, Smriti Singh, TNN NEW DELHI:The CBI on Thursday sought 30-days’ time to file its final status report in the 1984 anti-Sikh riots case involving Jagdish Tytler. Submitting a status report in a sealed cover before Additional Metropolitan Magistrate Rakesh Pandit, the agency said investigation in the case is still going on and they needed another month to wind it up. CBI also told the court that the statements of US-based Jasbir Singh and Surinder Singh, witnesses in the 1984 anti-Sikh riots case, have been recorded.




Uttering To Oneself Or Someone Can Be Termed As Confession: SC http://www.lawyersclubindia.com/news/2009/1/uttering_to_oneself_or_someone_can_be_termed_as_confession_sc.asp
Posted on : 22 January 2009 by AEJAZ AHMED
Uttering To Oneself Or Someone Can Be Termed As Confession: SC 22 Jan 2009, 2115 hrs IST, PTI NEW DELHI: The Supreme Court has observed that in extra-judicial confessions a written note by an accused or even a casual statement uttered by him to himself and overheard by a third person can be the basis for his conviction. "An accused might have been over-heard uttering to himself or saying to his wife or any other person in confidence. He might have also uttered something in soliloquy. He might also keep a note in writing. All the aforesaid nevertheless constitute a statement. "Such a statement is an admission of guilt, it would amount to a confession whether it is communicated to another (person) or not," a bench of Justices Arijit Pasayat and Ashok Kumar Ganguly observed. The apex court passed the observation while rejecting the appeal of Shiv Karam Payaswami Tewari sentenced to life imprisonment in a murder case. Tewari while working in a hotel in Mumbai had murdered his manager Muttukumar after a fight. He was convicted and sentenced to life imprisonment by the sessions court on the basis of a supposedly self-incriminating statement made by the accused to a friend which was treated as an extra-judicial confession to convict him. The sentence was affirmed by the Bombay High Court upon which he appealed in the apex court. In the appeal before the apex court, Tewari took the plea that his purported extra-judicial confession has no evidentiary value and hence the conviction was unsustainable.




Benami Deals Under Govt Lens
http://www.lawyersclubindia.com/news/2009/1/benami_deals_under_govt_lens.asp
Posted on : 22 January 2009 by AEJAZ AHMED
Benami Deals Under Govt Lens22 Jan 2009, 0119 hrs IST, Pankaj Doval, TNN NEW DELHI:Government has trained its guns on the benami transactions of Satyam's disgraced former chairman B Ramalinga Raju and other tainted directors and officials. It received a 'restraint order' from the Company Law Board (CLB) against key promoters and former whole-time directors of the company, including Raju, his brother B Rama Raju and ousted interim-CEO Ram Mynampati, barring them from selling any assets under their control. The move points out to the fact that funds of Satyam might have been siphoned off for personal gains, sources in the government said. "They have been directed that they shall not alienate, charge, mortgage or sell any of their shares, securities and fixed assets, without leave of the CLB," corporate affairs minister Prem Chand Gupta said. The government filed the petition in the CLB to ensure that the persons managing Satyam's affairs previously do not profit or otherwise gain from any diversion or siphoning of funds. Apart from the Rajus and Mynampati, others who have come under the scanner are Satyam's former CFO Srinivas Vadlamani and company secretary G J Jayaraman. They have been asked to forward to the CLB particulars of their bank accounts, movable and immovable properties in India or elsewhere by February 20. According to those in the know, government is tightening its grip on the tainted promoters, directors and officials, and possibly their relatives and close associates, who may now come under the scope of investigations. They said the government would look into possible benami transactions the tainted top brass may have entered into to divert funds from Satyam for their personal gains. Official sources, however, refused to confirm.
Source : TNN -



MUMBAI HC PENALISES TOP COP IN SURETY CASE
http://www.lawyersclubindia.com/news/2009/1/mumbai_hc_penalises_top_cop_in_surety_case.asp
Posted on : 22 January 2009 by AEJAZ AHMED
MUMBAI HC PENALISES TOP COP IN SURETY CASE22 Jan 2009, 0755 hrs IST, TNN MUMBAI: The Bombay high court on Wednesday ordered an assistant commissioner of police to shell out Rs 10,000 as fine for asking a person to obtain surety from a sitting corporator in a chapter proceedings case. Hearing a group of four such cases, a division bench of justices Bilal Nazki and Anoop Mohta issued a notice to a sessions judge in another case. Of the four cases, in two, the court allowed the state to withdraw the chapter proceedings and issue a fresh notice. The third case was related to the chapter proceedings initiated against a person who had got into an altercation with an RTO officer. The ACP from Nashik asked the person to submit a surety from an RTO officer. A sessions court upheld the order. The person had to remain in custody for three days as a result. The HC has issued a notice to the ACP and also the sessions judge. In the last case, an ACP from Pune asked the person to submit a surety of a sitting corporator. Unable to get any corporator to stand surety for him, the detenue had to spend 21 days in custody. The HC criticised the the ACP's conduct. It issued a showcause notice and also asked him to pay Rs 10,000 as fine.
Source : TNN –




Full Court meet on making declared assets public
http://www.hindu.com/2009/01/23/stories/2009012361041500.htm
J. Venkatesan
Meeting sequel to Nariman declining to be amicus curiae
Now, disclosure by judges is purely voluntary
New Delhi: Stung by the criticism of judges’ refusal to disclose their assets, Chief Justice of India K.G. Balakrishnan has convened a Full Court meeting for next week to ascertain the views of brother judges on the need for making public the assets declared by judges to the CJI.
Privileged sources told The Hindu that the CJI has called the meeting so that the Full Court could come out with a decision whether or not judges should make the declaration of assets public. At present, disclosure is purely voluntary and judges cannot be compelled to furnish such information to the CJI.
The meeting is a sequel to jurist Fali Nariman declining to be amicus curiae to assist the Delhi High Court, which on January 19 stayed an order passed by the Central Information Commission directing the Supreme Court Registry to furnish information in the possession of the CJI on disclosure of assets by the judges.
Mr. Nariman informed the High Court that as he did not agree with the stand of the judiciary, he could not be a friend of the court. The former CJI, J.S. Verma, has also openly criticised the stand of the judiciary not to make public the assets disclosed by judges voluntarily to the CJI.
It was during Justice Verma’s tenure that the Full Court passed a resolution in May 1997, asking Supreme Court judges to disclose the assets to the CJI and High Court judges to give such information to the Chief Justice concerned.
Justice Balakrishnan, in his interview to The Hindu a few days ago, contended that “the information about declaration of assets by judges is personally kept with the CJI and the Chief Justices of High Courts. The public will have a right to know these details if there is a legislative mandate. But at present there is no such legislation.”
According to the CJI, “the fact that this is done under an informal resolution dated May 7, 1997 shows that it is purely voluntary and not required to be given under any legal provision.”




Cash-for-judge scam: CBI nails Justice Nirmal Yadav
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20090081088
Sunetra Choudhury
Friday, January 23, 2009, (New Delhi)
It's the case which saw sitting judges being interrogated by CBI investigators for the first time. Both the judges under the scanner were female judges -- Nirmal Yadav and Nirmaljit Kaur.Fifteen lakh rupees had been delivered to Kaur but Kaur said it wasn't for her, it was for Nirmal Yadav. Who was telling the truth?The CBI's verdict is out -- Nirmal Yadav is the guilty one and agency says she should be booked for corruption but they need sanction from the government and CJI, who has already found her guilty after a judicial enquiry indicted her.Now because it's case against a judge the CBI has to be careful about all its evidence. They say they have it primarily in the form of phone calls. The hotelier who'd sent her money, Ravinder Singh, apparently knows her for the last 5 years. They are apparently always in touch, speaking 5 times a day sometimes. The CBI has also written in its report that the judge had accepted hospitality from Ravinder in return for judicial favours.About the second judge, Nirmaljit Kaur, the CBI says she's not involved and the carrier, a former advocate general Sanjay Bansal, only got confused and went to Kaur's place. The CBI says Kaur does not know the bribe giver and is a relatively new judge and part of a double bench. So she has less influence on judgements.So, CBI if it gets permission will start judicial probe against Nirmal Yadav and she could face upto 5 years in prison.



Smoking in films allowed, rules Delhi High Court
http://timesofindia.indiatimes.com/India/Smoking_in_films_allowed_rules_Delhi_High_Court/articleshow/4021114.cms
23 Jan 2009, 1331 hrs IST, Abhinav Garg, TNN
NEW DELHI: The Delhi High Court on Friday struck down the Centre's October 2006 notification banning smoking scenes in films, saying onscreen smoking was part of an artist’s creative license. Today’s judgement came after a two-judge bench had given a split verdict last year on a petition of film director Mahesh Bhatt challenging the curbs imposed by the government. "Director of films should not have multifarious authorities breathing down their necks when indulging in creative act," Justice Sanjay Kishan Kaul said striking down the rules framed by the Centre, quoted PTI.





Apex court refuses to stop screening of ‘Deshdrohi’ in Maharashtra
http://www.sindhtoday.net/south-asia/55158.htm
Jan 23rd, 2009 By Sindh Today
New Delhi, Jan 23 (IANS) The Supreme Court Friday threw out a Maharashtra government’s lawsuit seeking to stop the screening of film ‘Deshdrohi’, lampooning the sectarian politics of Maharastra Navnirman Sena (MNS) chief Raj Thackeray, in the state.
A bench of Justice S.B. Sinha and Justice Mukundkam Sharma dismissed Maharastra government’s lawsuit saying that ‘the Bombay High Court must have lifted the ban on release of the film after examining various pros and cons.’
Maharashtra government approached the apex court, challenging a Bombay High Court ruling, which had on Jan 9 scrapped a Nov 12 order banning the film in the state for two months.
The bench dismissed the fears of the State Intelligence Department which said ‘the MNS workers have still not reconciled to their stand regarding son-of-the-soil versus outsiders.’
‘There is every likelihood of MNS workers indulging in vandalism, if movie ‘Deshdrohi’ is screened in the theatres of the state,’ said the intelligence report, but the bench dismissed the fears.
Film ‘Deshdrohi’ was made by O.K. International’s owner Kamal R. Khan soon after the sectarian violence against north Indians, referred as ‘Bhaiyya’ in the state, gripped Maharashtra last year in September-October.
Appearing for the Maharashtra government, Solicitor General Goolam E. Vahanvati contended before the bench that the high court was not right in lifting the ban on the film, while questioning the veracity of the intelligence report.
The bench, however, did not pay heed to the government’s senior law officer’s argument.




Delhi HC summons police chief over trafficking of maids
http://www.hindu.com/thehindu/holnus/002200901231424.htm
New Delhi (PTI): Slamming the police for not registering a case under appropriate sections of IPC in a case of alleged human trafficking of maids by placement agencies, the Delhi High Court on Friday summoned the Commissioner of Police for giving an explanation.
"Have you taken a legal advice before registering a case in a very serious case like this?" the division bench of Justice A P Shah and Sanjeev Khanna asked the DCP north west N S Bundela, who was present in the court.
The senior officer Bundela told the bench that legal advice was taken over the telephone before registration of FIR on the charges of criminal breach of trust against the placement agencies for illegal trafficking of young boys and girls on the pretext of providing them jobs as domestic help.
However, he failed to answer a court query about the name of the law officer.
The bench failed to get satisfactory response from the police and summoned the Commissioner for his personal appearance in the case on January 28.
The court expressed its displeasure after the petitioner's counsel H S Phoolka submitted that the case also attracted various other sections of IPC like the charges of trafficking, kidnapping and exploitation of juveniles, whereas the police registered a case under section 406 of IPC (criminal breach of trust) only at Saraswati Vihar police station.
"This is a deliberate attempt on the part of police to let a culprit to go scot-free," Phoolka added.
The court had yesterday asked the city police to give its reply on a matter related to the growing number of cases of trafficking in children who are promised jobs as domestic help.




Delay has NHAI man in HC contempt loop
http://timesofindia.indiatimes.com/Chandigarh/Delay_has_NHAI_man_in_HC_contempt_loop/articleshow/4018966.cms
23 Jan 2009, 0737 hrs IST, TNN
CHANDIGARH: Lt Col KP Sharma, administrator-cum-project director of National Highway Authority of India (NHAI), who had once broken into tears before a jampacked courtroom and volunteered to quit from the highway widening project, landed in the Punjab and Haryana High Court’s contempt loop on Thursday. The division bench of justices Uma Nath Singh and AN Jindal issued a contempt notice to Sharma for “delay in issuing cheques towards payment of compensation to land owners.” The payment was to be made to persons whose land was acquired for construction of bypass around Zirakpur-Parwanoo road. The NHAI counsel had submitted before the bench that valuation report of structures and constructions existing on the said acquired land was received on January 1, 2009 but the cheques were issued after a lapse of 18 days on January 19 only. The infuriated judges asked Sharma as to why contempt proceedings be not initiated against him for the delay for which no ‘plausible’ explanation was coming forth. In fact, the judges observed that NHAI seemed to be more interested in impeding the early execution of the highway project “for reasons best known to authorities.” The judges were miffed at the NHAI laxity which, they felt, flew in the face of public concern over traffic jams and increase in the number of fatal accidents which has taken a toll of 17 lives so far. However, there was some reprieve for Sonepat deputy commissioner and tehsildar who were discharged from contempt charges even as Haryana counsel ML Saggar assured the bench that permits would be issued expeditiously for digging of RE soil. The judges also perused an affidavit filed by Brahm Dutt, secretary, Union department of road transport and highways. However, they were not apparently satisfied with the same and asked the secretary to file a supplementary affidavit by February 5. The bench wanted the road transport secretary to clarify as to whether escalation in project cost was included in the toll fee collected from road users and details regarding rate of increase in toll fee from dates of opening of toll plazas. Importantly, the Centre’s counsel told the bench that Derabassi toll plaza’s term would expire on March 14, 2009, and would not be extended further. District and sessions judge, Panchkula, too has submitted his report on the matter as sought by the HC. The next date of hearing is March 16. During previous hearings on the issue, the HC had directed Haryana, Punjab and NHAI to sort out all vexed matters regarding the project immediately lest the court was forced to intervene. Peeved with official bottlenecks that pop up often, much to the detriment of the project, the judges warned various authorities concerned that project should not stop at any cost even in the face of procedural hassles.





Accused can be forced for brain mapping test: HC
http://timesofindia.indiatimes.com/Lucknow/Accused_can_be_forced_for_brain_mapping_test_HC/articleshow/4019036.cms
23 Jan 2009, 0541 hrs IST, TNN
LUCKNOW: The high court ruled on Thursday that an accused can be forced to undergo the brain mapping test in order to find out material and evidence in a criminal case. The high court held that it is in the purview of the constitutional provisions that the investigating agency can demand the custody of the accused to conduct such tests on him. With the above ruling, Justice BA Zaidi dismissed the application of the alleged mafia Abhai Singh, who challenged the magistrate's order allowing the Bazar Khala police to conduct a brain mapping test on him in a double murder case. Abhai's counsel had argued that forcing an accused to give evidence against him was against the provisions of article 20 (3) of the Constitution of India and also violative of article 21, which protects life and liberty of a person. The judge, however, followed the suit of Gujarat and Chennai high courts and held that, in the present matter, it was not violative of article 20 (3) to direct an accused for brain mapping.






Section of HC judges threaten suo motu declaration of assets
http://timesofindia.indiatimes.com/India/Section_of_HC_judges_threaten_suo_motu_declaration_of_assets/articleshow/4018579.cms
23 Jan 2009, 0247 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: The growing popular pressure for across-the-board transparency in public appears to have blown judiciary's resistance to the demand for declaration of judges' assets, with a section of Delhi High Court judges declaring their intent to make the disclosure on their own. The HC judges who voted for transparency at a full court meeting last week are determined to go ahead with the move despite reservations among peers who are still arguing what they call judicial exceptionalism. But even as the status quoists continue with the resistance, the move by the reformists, combined with the bold refusal of veteran constitutional lawyer Fali S Nariman to be the amicus curiae in the case arising from judiciary's challenge to CIC order for disclosure, promises to be the trigger for the Supreme Court to revisit the issue soon. Chief Justice of India K G Balakrishnan is learnt to be mulling a proposal to make it mandatory for judges of the HCs and the SC to declare their assets to the President, their appointing authority. This will be in sync with the practice in government, where employees declare their assets to their appointing authority. This goes hand in hand with pro-transparency groundswell in the Bar. Constitutional experts and senior advocates are fully in support of Nariman's views, which was intimated to the Delhi HC along with a blunt refusal to become the amicus curiae in the petition filed by SC challenging a Central Information Commission order to make public the fact whether or not judges periodically declared their assets. Former law minister Ram Jethmalani told TOI that his views were well known and he was unhesitatingly in favour of judges declaring their assets. Former attorney general Soli J Sorabjee was cryptic yet to the point, when he said, "Whether legally bound or not, in the fitness of things, the judges should declare their assets." Senior advocate Mukul Rohtagi, agreeing with Sorabjee and Jethmalani, said he fully endorsed Nariman's belief that judges must be amenable to good practices (declaration of assets). The fresh proposal being deliberated upon by the CJI signals a significant departure from the earlier stubbornness in the judiciary that under the May 7, 1997 resolution passed at the Chief Justices conference, there was voluntary declaration of assets by SC judges to the CJI. Similarly, the HC judges declared their assets to the respective CJs. In fact, last year, the CJI had written to the chief justices of HCs asking them to ensure that judges adhered scrupulously to the 1997 resolution and declared their assets periodically to them. However, there was strong opposition to making public the details of their assets on the old-fashioned argument that it would impinge upon the independence of judiciary. This stand had been under stress since the enaction of the Right to Information Act in 2005 and there had been numerous applications seeking a peep into the hitherto forbidden data. Though the public had been debating this issue, the real progress towards bringing down the iron curtain was taken by the CIC recently when it directed the SC Registry that it should at least give information whether or not judges declared their assets periodically, as was envisaged under the 1997 resolution. A section of judges was forceful in advocating that `My Lords', who expect transparency from the government and the litigants, should also submit themselves to identical norms. They even proposed that there should be a website where the judges could declare their assets suo motu. But, the debate ended in a stalemate with many opposing the idea on the ground that data relating to judges' assets could be misused by unscrupulous elements. dhananjay.mahapatra@timesgroup.com






HC hands over ANR's 'surrendered' land to relative
http://timesofindia.indiatimes.com/Hyderabad/HC_hands_over_ANRs_surrendered_land_to_relative/articleshow/4019080.cms
23 Jan 2009, 0253 hrs IST, TNN
HYDERABAD: Justice L Narasimha Reddy of the AP High Court has declared veteran Telugu actor Akkineni Nageswara Rao's alleged surrendering of 25 acres surplus land in Nuzividu of Krishna district as invalid and directed the authorised officer of the land reforms department to hand over this land to ANR's relative Akkineni Venkataratnam immediately. Delivering the judgment on a petition filed by Venkataratnam, the judge said the government is free to take over the actor's share of 25 acres which fell on the southern side. The petitioner challenged the takeover of his land under the guise of ANR's surplus land saying that the family settlement deed gave the surrendered 25 acres which fell on the northern side to him and not to the actor. A Giridhara Rao, government pleader for revenue, objected to the petitioner's dissent at this stage and raised doubts about his intentions as to why he kept quite for 12 years and challenged it in 2008 when the surrender was effected in 1996 itself. The agony for the government is doubled because it spent huge amounts on levelling this land for the purpose of constructing sports stadium, hostel

buildings and driving test tracks in this land ever since it was vested with them after the actor surrendered this land. As per this judgment, the state government has to now surrender this southern share of 25 acres and the authorities have to hand over the levelled northern share to Venkataratnam.





Private institutes question HC order
http://timesofindia.indiatimes.com/Chennai/Private_institutes_question_HC_order/articleshow/4019177.cms
23 Jan 2009, 0412 hrs IST, TNN
CHENNAI: Private self-financing institutions offering teacher training
courses have questioned a single judge order of the Madras high court, upholding a set of regulatory norms laid down by the state government in May 2008. Admitting a writ appeal preferred by the Self-Financing Private Teacher Training Institutes Association, represented by senior counsel R Muthukumaraswamy and R Suresh Kumar, the first bench comprising the acting chief justice S J Mukhopadhaya and justice V Dhanapalan has issued notice to the school education secretary and others. The impugned May 3, 2008 order pertained to grant affiliation for diploma-level teacher training institutes, besides staff strength and student intake. When the institutes filed a writ petition against the GO, a single judge dismissed the petition in October 2008, stating that the petition was misconceived and devoid of merits. He had upheld all provisions of the order, except the one pertaining to admission through the single window system. The association has filed the present appeal assailing the single judge order on the grounds that the order was not in consonance with the settled legal position.




BPL Mobile moves HC against panel order on fresh share issue
http://economictimes.indiatimes.com/News_by_Industry/BPL_Mob_moves_HC_ag_share_issue/articleshow/4019338.cms
23 Jan 2009, 0150 hrs IST, Rashmi Pratap & Dev Chatterjee, ET Bureau
MUMBAI: BPL Mobile Communications has filed an appeal in the Bombay High Court against an arbitration panel order that stops the company from issuing any fresh shares. The arbitration order was passed in September ‘08, after Vodafone Essar (VEL) requested the panel to prohibit the issue of any new equity by the company. “The appeal is because BPL is not able to raise money for expansion due to the embargo on issue of fresh equity. It needs money for network rollout. With injunction on fresh issue as well, the company is unable to expand operations,” legal sources told ET. The arbitration order, stopping issue of new share have prevented BPL from raising money for expansion of services as well as network rollout of 100% subsidiary Loop Telecom. BPL Mobile is majority (61.4%) owned by another company with a similar name called BPL Communications. The latter is 80% owned by Santa Trading, a holding company owned by Kiran Khaitan, sister of the Ruia brothers, the promoters of the Essar Group. The appeal is expected to come up for hearing in the next few weeks. “The arbitration panel has a meeting in February. This appeal will be heard before that,” said the sources. VEL declined to comment. In response to an e-mail, a BPL spokesperson said: “The September order in its present form restricts BPL Mobile’s ability to fund its expansion and growth plans. The appeal is yet to come up for hearing in the court.” An Essar group spokesperson said: “This matter pertains to BPL and VEL and we would not like to comment on the same.” The VEL Board held its quarterly review meeting in Mumbai on Wednesday, attended by the Ruias and Vodafone’s global CEO Vittorio Calao. The Essar Group spokesperson said the matter of BPL was not discussed at the meeting. A person close to the Ruias, the promoters of Essar said that the “dispute was a historical legacy left over from the time when Hutchison partnered Essar. Since this particular matter could not be resolved when Vodafone came into the picture there is a mutual agreement that the law should take its own course. There is no dispute whatsoever between the Ruias and Vodofone on account of this. The JV, Vodafone-Essar, is working absolutely fine”. The person explained that a strategic partner would eventually be inducted into Loop Telecom, the subsidiary of BPL. The court filings show that BPL Mobile filed the appeal in the Bombay HC on October 24, 2008 against the arbitration panel order, which banned any further issue of fresh equity in BPL Mobile as well as 100% subsidiary Loop Telecom, which has a pan-India licence to offer telecom services. The HC injunction on sale of shares was given after a plea by Vodafone-Essar. However, since it did not restrain fresh issue of shares, BPL Mobile issued new equity to a Mauritius-based entity, called Gypsy Rover. This gave Gypsy a 17% stake in BPL, triggering fears that BPL ownership may change so drastically over time that VEL will not be able to lay any claim on it. As a result, the arbitration panel ordered embargo on fresh equity as well. Gypsy Rover had picked up 17% in BPL Mobile for around $80 million in three transactions executed between October ’07 and July ’08. After fresh issue of shares to Gypsy, the Ruias hold 8.21% in BPL, Mauritius-based investment company CapitalGlobal 13.36%, while BPL Communications has the remaining 61.43%.








Doctors can't go on strike: HC
http://timesofindia.indiatimes.com/Bangalore/Doctors_cant_go_on_strike_HC/articleshow/4019350.cms
23 Jan 2009, 0156 hrs IST, TNN
BANGALORE: Government doctors cannot go on strike, directed the Karnataka High Court here on Thursday. Pulling up the state government for its lenient approach towards government doctors who went on statewide strike for four days in November, the court took note of the government ignoring the provisions of the Karnataka State Civil Service Prevention Of Strikes (Act) and asked it to take stringent action against striking doctors. “If a doctor is assaulted, the proper thing is to file a case and proceed under general law. That is not a ground for going on strike. So, whatever be the reason, even if it is bona fide grievances, it is not proper for government servants, that too doctors who are to serve the poor, to resort to strike. They can adopt other statutory measures available to them but not strike. If anybody resorts to strike, the government may act against them strictly as per law. The government should also look into their reasonable demands and fulfil them,’’ the division Bench headed by Chief Justice P D Dinakaran observed. The court complimented the honesty and sincerity of those doctors who served the patients during the strike period and asked the government to reward them. Earlier, the government advocate told the court that salaries of the 4,015 doctors who went on strike between November 10-13 had been cut. “Doctors have a duty to save people. When advocates cannot go on strike, the doctors also cannot. We are not happy with the government. Why are you afraid of them,’’ the court asked. The counsel for the Karnataka Medical Officers’ Association told the court that since 2006 they had given representations 19 times with regard to pay disparity, non-filling of 4,000 posts and attacks from the public. There are about 4,000 government doctors and about 3,000 are on contract basis, he explained to the court. S Vasudeva, city advocate who has filed the PIL, told the court that in 2005 the high court had directed the state government to take adequate steps to prevent recurrence of such strikes by looking into the reasonable demands.





DU to appeal HC ruling on admissions
http://www.bdnews24.com/details.php?id=74442&cid=10
Dhaka, Jan 22 (bdnews24.com) – Authorities will appeal against a High Court ruling declaring illegal Dhaka University's admission criteria to seven departments. "An appeal will be filed in the coming week," new DU vice-chancellor Prof AAMS Arefin Siddique told reporters on Thursday. The decision came from a meeting of the DU deans committee chaired by the VC, after a High Court bench ruled illegal requirements for admission to seven DU departments of minimum two 100-mark courses in both Bangla and English at higher secondary level. Prof Siddique said according to a 1973 ordinance, departments under different university faculties can decide independently on admission criteria and the seven departments had taken their decisions under the rules. The deans will also announce the schedule for viva voce as the admissions process had remained halted following an earlier HC order, the VC said. A two-member High Court bench, of justices Mir Hasmat Ali and Shamim Hasnain, gave the ruling on Tuesday on a writ petition by aspiring DU entrants. The petition was filed by five madrassa students challenging the legality of the admissions criteria that barred them admission. Seven DU departments imposed the conditions last year: Bangla, English, Economics, Mass Communication and Journalism, International Relations, Linguistics, and Gender and Women Studies. The HC on Dec. 2 halted the admissions process of the seven departments for the 2008-09 session. bdnews24.com/jf/khk/rah/2256hours




PIL against 'Ghajini' disposed of
http://www.indopia.in/India-usa-uk-news/latest-news/485492/National/1/20/1
Published: January 23,2009
Mumbai , Jan 23 A PIL filed by a city-based activist against Amir Khan-starrer&aposGhajini&aposwas disposed of by the Bombay High Court today.
Central Board for Film Certification (CBFC) told the court that a letter written by Pratibha Naithani - who had filed a petition in High Court - had been forwarded to Information and Broadcasting ministry.
Naithani&aposs case was that&aposGhajini&aposhad too much violence and it was not fit for children&aposs viewing.
She had earlier written a letter to CBFC in this regard, objecting to the film&aposs U (universal viewing) certificate, but got no response.
Her lawyers had said that as per Cinematograph Rules, it was mandatory for CBFC to forward such a letter to I&B Ministry.
Since CBFC today stated that it had done so, the court disposed of the petition.
Whatever decision government may take on Naithani&aposs letter, it will have to state reasons for it, said her lawyer Jamshed Mistry.
Source: PTI





SC notice to BCI on protecting lawyers' rights in terror cases http://www.zeenews.com/nation/2009-01-23/501218news.html
New Delhi, Jan 23: The Supreme Court Friday sought a response from Bar Council of India (BCI) on the plea for laying down guidelines for protecting the rights of lawyers to defend accused in terror attacks. The apex court also issued notices to the Bar Associations of Uttar Pardesh, Madhya Pradesh, Maharashtra and Rajasthan where resolutions were passed not to defend the accused of recent terrorist acts. A Bench headed by Chief Justice K G Balakrishnan was hearing a PIL alleging that State Bar Associations and other lawyers' bodies in Uttar Pradesh, Madhya Pradesh, Rajasthan and Maharashtra have passed resolutions that members of the bar would not defend the accused in terror cases, particularly those involved in last year's serial blasts cases. Four advocates -- Mohd Shuaib from Lucknow, Zamal Ahmed from Faizabad, Noor Ahmed from Ujjain in Madhya Pradesh and Surender C Gadling from Maharashtra -- had alleged that not only illegal resolutions were passed by their respective Bar but they were forced to withdraw their vakalatnama for defending the serial blast accused. They alleged they were manhandled by other advocates when they appeared in the court to defend some blast case accused. Senior advocate Colin Gonsalves appearing for the advocates said it was necessary for the BCI to come up with guidelines on the issue. The Bench, also comprising Justice P Sathasivan was in agreement with him that BCI can come out with some guidelines. Gonsalves had earlier said that complaints made to the BCI and the police have not yielded any result, forcing the advocates to approach the apex court seeking a direction for the BCI to come out with a comprehensive code of conduct to deal with the rights of advocates on their right to appear and defend accused in terror-related cases. Bureau Report



SC refuses to direct SEBI to cancel Satyam stocks transactions
http://economictimes.indiatimes.com/Infotech/SC_refuses_to_direct_SEBI_to_cancel_Satyam_stocks_transactions/articleshow/4023106.cms
23 Jan 2009, 1926 hrs IST, PTI
NEW DELHI: The Supreme Court on Friday refused to give any direction to market regulator SEBI and the Bombay Stock Exchange to cancel transactions in shares of scam-tainted Satyam Computer and Chennai-based entertainment firm Pyramid Saimira as sought in a case of Public Interest Litigation. PIL, filed by Mohan Lal Sharma, a practising advocate, had sought cancellation of all the transactions between January 6 and 7 on the ground that innocent investors were lured by these companies on buyback announcements and a fraud was committed on them. The petitioner's arguments failed to impress a Chief Justice K G Balakrishnan-headed bench, which observed, "Make a complaint to SEBI. This is not an appropriate forum." The advocate said on January 6, media had widely reported about Satyam proposing to buyback its shares and its decision to take up the issue in the board meeting. According to him, before the decision was taken by the board, IL&FS had sold about 246.6 lakh shares in the market at Rs 176 per share. However, the Satyam shares crashed to close at Rs 30 after Satyam Chairman Ramalinga Raju resigned from the board and confessed to Rs 7,800 crore fraud, he added. The petition further added that Pyramid Saimira, which was in the news recently for serious fraud allegations wherein the company was sent a forged letter of SEBI asking its co-promoter PS Saminathan to make an open offer to minority shareholders to buy 20 per cent at Rs 250 a share. Various investors, including Sharma, had bought the shares following the receipt of the latter by the company. Within one hour of disclosure, the shares went down to freeze at Rs 61.15 per share, he said, adding SEBI, NSE and BSE had failed to take any action to get purchased shares cancelled.








Court order govt to explain on non-conduct of ADC elections
http://www.e-pao.net/GP.asp?src=31..230109.jan09
Source: Hueiyen News Service
Imphal, January 22 2009: IMPHAL BENCH of the Gauhati High Court today has serve notice to the state government to submit an explanation note on why the elections to the district autonomous council held up for more than 15-year within two-week time.The notice has been served by the court after hearing to case filed by a social worker named Ngachonmei Chongloi hailing from Ukhrul against Manipur government represent by the state chief secretary, commissioner (hills), commissioner of tribal development and other backward classes and chief electoral officer as public interest litigation, PIL.The hearing of the case was held in the division court of Justice BD Agarwal and Justice Mutum Binoykumar today and passed the order.Advocate RK Dinesh, the counsel of the petitioner during the hearing said that various grievances are facing by the people of the five hill districts of the state, Ukhrul, Senapati, Churachandpur, Tamenglong and Chandel for more than 15 years since 1998.He urged the court to give a direction to the Manipur government for holding elections as early as possible considering the long suffering of the people.On the other hand commissioner of hills, LP Golmei has appeared before the court of the same division bench in connection with a case related with the non-construction of building of Leihaoram LP School inspite of issued of the allotment order filed by the chief of the Laihaoram village H David through advocate R Daniel.




Quantum of solace in new 70:30 quota pill
http://timesofindia.indiatimes.com/Mumbai/Quantum_of_solace_in_new_7030_quota_pill/articleshow/4019048.cms
23 Jan 2009, 0013 hrs IST, Anahita Mukherji, TNN
MUMBAI: Quotas will be back in junior college admissions, but in a far more palatable format. While the previous 70:30 reservation policy, which made it mandatory for all junior colleges to reserve 70 per cent seats for students from the same district, had students crying all the way, the new system has provided some solace. The earlier policy divided Mumbai into three districts-South Mumbai, suburbs and Greater Mumbai- the government has now announced that the entire Mumbai Metropolitan Region will be considered a single district. Last year, when the policy was announced, students from the suburbs found themselves at a disadvantage while applying to South Mumbai colleges, as they could not make it in the local quota. Similar was the case with Thane students applying to Mumbai colleges. That will change this year. Both teachers and students agreed the new rule was more student-friendly. "Expanding the 70 per cent quota to include students from the MMR will include a wider selection for colleges," said Kirti Narain, principal of Jai Hind College, Churchgate. "It will be good for all students, whether or not they live near colleges of their choice," said Shivika Poonglia, a Class X student from Fort. "If colleges are unable to fill in 30 per cent of the seats with outside students, they can fill in the vacant seats with local students. The same goes for the 70 per cent quota,'' said state education secretary Sanjay Kumar. For Mumbai students, it will mean stiff competition for a junior college seat, as they will have to compete with students from Thane and Navi Mumbai in the local quota. "This system will make it tough for Mumbai students to get a seat in a good college,'' felt Vishesh Sharma, a class X student from Andheri. Students from other parts of the country, such as Delhi or Bangalore, will benefit from the system as they will only compete with other students from outside the region and not the brightest students from Mumbai while applying to a college. The cut-off will be different for local students and outside students. The 70:30 reservation policy, based on a little-known government resolution passed in 2003, came to prominence in 2008 thanks to bparents of a student who didn't get admission in the first merit list. The government then asked colleges to follow the order. Thane corporator Pratap Sarnaik filed a PIL against the 70:30 system in the High Court last year, after which the government withdrew the order, faced with stiff resistance from the public. WHO WINS OR LOSES Colaba Then: While applying to a South Mumbai college, a Colaba student would have had an edge over his suburban counterparts as there was a 70 per cent reservation for students from the South Mumbai district. If applying to a suburban college, he would have been at a disadvantage as suburban students would have been given preference. Now: The Colaba student will be part of the 70 per cent quota for local students, irrespective of the college he applies to, within Mumbai city, suburbs as well as Navi Mumbai and beyond. But seat in a South Mumbai college might get a trifle tough as he will be competing with students from the entire Mumbai Metropolitan Region, including Navi Mumbai and Thane. Borivali Then: The Borivali student was at a distinct disadvantage while applying to South Mumbai colleges, including those in Sion and Matunga. He would only be able to apply under the 30 per cent quota set aside for students from outside the district. He would, however, have an edge while applying to suburban colleges. Now: The student will not only be part of the 70 per cent quota for locals in suburban colleges, but also those in South Mumbai, Navi Mumbai and Thane. However, with students from these regions also included in the definition of a `local student,' there will be stiff competition getting into either a South Mumbai or suburban college. Thane Then: The student would have been at a disadvantage while applying to any college in Mumbai, whether South Mumbai or the suburbs, as he would have been considered an `outside' student, for whom only 30 per cent of seats were set aside. Now: The student has an added advantage when compared with the previous system, as well as the regular admission system sans the 70:30 quota. He will be considered a local student when compared to a Mumbai college and will be part of the 70 per cent quota for locals. Student from outside the MMR Such a student will not be considered part of the local quota, both in Mumbai or those parts of Thane or Navi Mumbai that fall within MMR. Those who fall within the MMR will get lucky, but those just outside the region will have missed the bus, which leaves them no different from last time. Student from other states Since Mumbai colleges do not usually get more than 30 per cent of students applying from outside the city, those who do will be at an advantage as nearly all will fit in the quota reserved for them. What's more, they will no longer need to compete with the best students from within Mumbai for a seat as the cut-offs for them will be different.





HC asks for migrants' figure
http://www.e-pao.net/GP.asp?src=15..230109.jan09
Source: The Sangai Express
Imphal, January 22 2009: Acting on a PIL filed by the president of the Federation of Regional Indigenous Society (FREINDS) Sapamcha Jadumani and another person, the Gauhati High Court has asked the State Government detailed affidavits providing tentative figures of illegal migrants living in Manipur and also the number of illegal migrants deported from the State since 1980 .The PIL contained reports of detaining foreign nationals sneaking into the State without required and valid documents.It also provided data about growth of population in Manipur at a rate higher than the national average which testify that a large number of illegal migrants are living in Manipur.The petitioners also sought effective measures to check entry of illegal migrants to the State in future.Acting on the PIL, Justices BD Agarwal and Mutum BK Singh in their Imphal Bench sitting today also directed the State respondents to provide details of the steps taken up by the State and Central Governments to deport illegal migrants from the State.The ruling also asked about the Government's measures taken up to check entry of foreign nationals without valid documents.Senior advocate I Lalitkumar, appearing on behalf of the petitioners, said that the PIL sought issuance of necessary directive to the State and Central Governments to deport all illegal migrants living in Manipur.




Beyond violence and non-violence - K Balgopal
http://kafila.org/2009/01/23/beyond-violence-and-non-violence-k-balgopal/
Posted by: Aditya Nigam 23 January 2009
Via Jamal Kidwai
[We are posting this piece by K Balagopal, hoping to continue our reflections on violence and non-violence in political movements. - AN]
The public arena is witness to dispirited discussion of the ineffectiveness of people’s movements, which are at the most able to slow down things, and nothing more. The discussion often turns around violence and non-violence, not as moral alternatives but as strategic options. Those who are sick of sitting on dharna after dharna to no effect are looking with some envy at violent options,while many who have come out of armed groups find the Narmada Bachao Andolan (NBA) fascinating.
It is good that there is some openness in the matter now, for dogmatic attitudes have done considerable harm. To say that one should not be dogmatic about violence may be morally a little unsettling but it is a defensible position even without adopting a relativistic attitude towards the preciousness of life or a casual attitude towards one’s moral responsibility for injury caused in the course of a struggle. More of that in the right context. But thediscussion will unavoidably be based on assessments of the effectiveness of the alternatives, and a distant view is likely to colour the reality with hopes and assumptions, even illusions. A realistic assessment of what each strategy has been able to achieve would better inform the debate.
The plain and stark fact is that while all strategies have been effective in curbing some injustice, none has succeeded in forcing the government to take back a single major policy in any sphere. And none has been able to reverse the trends inherent in the structures of society and economy. Yet no serious political movement or social struggle we know of is only for softening oppression or improving relief. The general understanding is that governance of the country - and may be the systemic infrastructure of society – is fundamentally wrong and needs remedying, maybe overturning. Do we know of anyeffective strategy for that? I am not talking of political strategies,but strategies of struggle that will successfully put pressure upon the State and the polity to stop them in their tracks. The struggle may be built around class or caste or any other social combination. It may in the end seek reform or the upturning of the polity. It may operate mainly or in part within the polity or keep out of it altogether. Whichever it is, the common problem is this: the experience of this country is that governments do not stop doing some thing merely because it has been demonstrated to be bad. Or even contrary to constitutional directives and goals. They stop only if going along is made difficult to the point of near impossibility. No democratic dispensation should be thus, but Indian democracy is thus. Short of that, you demonstrate the truth of your critique till you are blue in the face or shout till you are hoarse in the throat, it is all the same.
This is the question that haunts all movements, and none has an answer. All strategies, whether violent or peaceful, have found that they are not without success, if by success is meant stemming of local forces of oppression or the local manifestation of global forces, and improving the situation of its victims at the margin or even more. One does not wish to belittle these achievements, and in any case its beneficiaries are grateful, and belittling makes no difference to them. But any attempt to go beyond that has been faced with an insuperable wall which defines the limits of Indian democracy.
The naxalites – in particular the largest of them, the Maoists - aregenerally credited with having used strategies of violent struggle to great effect. That they have had substantial effect on the local social and political structures is beyond doubt. From Telangana to Bihar, local society would not be what it is but for their effect in turning much of it upside down. That they have often acted as a very effective deterrent to knavery and charlatanry of all kinds too is true. But looking back on nearly forty years of the naxalite movement, one is surprised how few are the important policy decisions of the State or tendencies inherent in the logic of unequal development that the
naxalites have been able to stall. In fact, one cannot off-hand think of even one. They themselves may answer that it is because they have not tried. It is true that their strategic thinking does not turn around defeating the State politically but mobilizing against it militarily. Hence inflicting major political defeats or reversing trends of unequal or destructive development is not on their agenda. Yet it is also true that even if they tried they would not know how to go about stalling such decisions or forces. To put it simply, you can hold a gun to a landlord’s head but Special Economic Zones or the Indo-US Nuclear Deal have no head to put a gun to. This degree of simplification of the issue may be criticized as unfair, and one would readily agree that Maoist violence is not just the armed action of individual Robinhoods. Nevertheless, after dressing up this skeleton with sufficient flesh and blood to make it real, you still do not get away from the basic truth of the caricature.
It is not just the abstractness of these issues that makes violence ineffective as an option against them. After all they do have concrete manifestations that can be confronted by violent mobilisation or armed action. But the subtlety of forms of power other than the feudal makes focused confrontation of a violent kind difficult to operationalise. Violence may be good or bad, necessary orunnecessary, but it is always crude. Intelligent exercise of power, on the other hand, is subtle. So is capitalist rationality, in general. It is sometimes but not always crudely oppressive. It also comes with promises of a better life for the middle classes and employment for the poor. It spreads its operational incidents all over and each of them offers its own rationality. It gives a little and takes a lot but it gives at one place and takes at another. It speaks in a dozen tongues, each offering a limited rationality, while the totality is hidden behind layers or opacity and subterfuge. Its lies require intelligent nailing, and its logistics requires subtle handling to immobilize it. For in thebetter kind of agitational strategy the object of popular mobilization is to immobilize the opponent, and that is where violent methods score over peaceful methods. But whom or what do you immobilize to make an SEZ inoperable?
And then there is the law and its machinery of enforcement.The law of course does not turn the other way when violent mobilization is used against a landlord or a local oppressor. But neither are the stakes as high nor is social disapproval so strong then as when alleged schemes of development or alleged policies of national security are obstructed by violent mobilization. Agitationsdisrupt normal life, violent agitations more so. The insecurity and uncertainty this creates can be exploited by the State to either incite the people against the agitators even to the point of getting them lynched or to cover up for the violent methods of suppression it employs. It can even get righteously suppressive. And when the stakes are high social disapproval can be engineered beyond its normal levels. We are all aware of how much hatred the State cangenerate against agitations, especially violent ones, if it believes that its vital interests are affected. And that can be the justification for lawless enforcement of law, the more lawless the more righteous the anger it can whip up in society.
One option then is to throw up one’s hands and say that it is futile tofight an evil beyond a point while it remains in power. And that the real task is to gain political power and replace the fount of evil. This makes sense from one angle but misses the point from another and begs the question from a third. It misses the point because at one level the question we are posing to ourselves is not about this society or this polity, but about democracy as such and the amenability of governance to correction by popular disapproval. To say that weneed not spend too much time over this because we wish to come to power and then we will not face this problem is no answer. It begs the question from another angle because if you do not know how to mobilize people in effective numbers against evil governance, how are you sure you know how to mobilize them for capture of State power?
Peaceful mobilization has one advantage over violent mobilisation. A larger number of people can participate in it, and it can choose its targets and devise its methods of agitation more subtly. It gives space for dialogue even the while agitation goes on, dialogue not so much with the establishment as with society, and so the vital dimension of critique is alive without suspending the agitationto clear space for it, and this is essential in any struggle against an opponent who operates in a universe of intelligent rationality. This is one reason why peaceful methods of struggle are not only morally but also politically healthier. But in terms of its effectiveness in reversing policy decisions or structural trends, peaceful methods are even more ineffective than violent methods. Quite plainly, dharnas and street plays and hartals and half-an-hour-at-a-time road blocks and street corner speeches and jathas can go on for ever and ever and neither the State nor the Ambanis lose any thing. This is what often makes activists cynical and gives them that urge to seek anappointment with the Maoists. When they are so tempted they think the only problem they have had with violence is that it is morally problematic and physically unsafe. It is assumed that it is necessarily more effective. It isn’t, and it has not been.
Can we turn to the law to make governance answerable to popular disapproval other than at election time? Constitutional democracy as we know it in India gives little scope for such a hope but PILs have held a lot of fascination for activists. Much of it is born of out of ignorance of the law as much as the sociology of adjudication. The average intelligent Indian thinks of PIL as the modern equivalent of the bell which the better kind of king is reputed to have strung outside his palace for the desperate citizen to tug at and get an instanthearing and instant justice. The average intelligent Indian also thinks that all the limitations of judicial power that he or she is otherwise familiar with will vanish when the Courts sit to hear PILs, namely that they become benign despots who can set every wrong right by passing a condign order. Desperation can be the only reason for these illusions. Less excusable is the ignorance of the sociology of adjudication. Judges, taken as a class, are at one with most of thepolitical and economic tendencies since liberalisation for no more subtle reason than that they belong to the social class that has benefited and will benefit much more from these tendencies. Extremely derisive comments about PILs are made with juvenile exuberance by the Supreme Court these days to send out a signalthat the activist or desperate citizen need not take the trouble to go all the way to New Delhi. Law journals report some divergence of opinion and even snide comments about judicial activism in the Supreme Court, but the divergence is between conservative judicial activism and conservative aversion to it.
There is no option but to devise ways of stopping the system in itsdepredations. Since Indian democracy has not learnt to respect reasoned criticism unless it is armed with the strength to physically prevent the execution of the policies criticized, ways of achieving such strength must be sought by agitational movements. In principle the best method is to mobilize the people likely to be affected in large numbers and physically sit in the path of the State and Capital. But then the people in their concreteness are riven by diversity of interests and insularity of communities, crushed bypoverty and misery, weakened by the disease of opportunism even at the lowest levels which has been the greatest contribution of the Congress party to Indian political culture, enfeebled by attachment to their political patrons, and disillusioned with empty rhetoric and moral corruption of agitations and movements. In particular, they see that activists who were in an earlier generation characterized by sacrifice of personal concerns are no longer the same. To my mind, this is the greatest disservice done by the NGOs, but this culture is now common to a large section of political activists, too. On the other hand, the very effect of politicization has been that the people have lost their innocence and often weigh the costs and benefits of struggle with greater caution than in the past. One cannot blame them, especially when the caution is reinforced by the fact that activists themselves exhibit the same attitude these days. All this combines to make strong mobilisation difficult and tempts honest activiststo look for short cuts, ranging from armed action to PILs. But there are no short cuts.
K Balagopal is a well known democratic rights and civil liberties activist and intellectual on the Left. He is associated with the Human Rights Forum.




CONSUMER RIGHTS
http://consumerredressal.com/default.aspx
Right to SafetyMeans right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests.Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etcRight to be InformedMeans right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.Right to ChooseMeans right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive pricesRight to be heardMeans that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare.The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.Right to Seek redressalMeans right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer.Consumers must make complaint for their genuine grievances.Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances. Right to Consumer EducationMeans the right to acquire the knowledge and skill to be an informed consumer throughout life.Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.





SP Jain asked to refund fee of MBA aspirant
http://news.coolavenues.com/2006/09/21/sp-jain-asked-to-refund-fee-of-mba-aspirant/comment-page-1/
In a move that is expected to bring cheers to community of MBAs (alumni as well as aspirants), MRTP (Monopolies and Restrictive Trade Practices Commission) has asked Mumbai based SPJIMR ( S P Jain Institute of Management & Research) to refund Rs 1.4 lakh to a student who left SPJIMR to join IIM Lucknow for MBA program.

MRTPC found SP Jain guilty of indulging in unfair trade practice and has asked SPJIMR to refund Rs 1.4 lakhs to the applicant, Mr. Varun Gupta within six weeks.
Varun Gupta who appeared for CAT in 2001, got admission letter from SPJIMR which conducted its admission process before IIMs and asked Varun to deposit a non-refundable sum of Rs 1.4 lakh as a formality for admissions.
However Varun later got admission in IIM Lucknow and decided not to join SPJIMR and accordingly informed SPJIMR. He also sought refund from SPJIMR, but SPJIMR refused to return the fees paid saying that is not possible as per the admission rules and it suffer huge losses if a student cancel his admission. Hence Varun decided to approach MRTPC where MRTPC ruled in favor of Varun dismissing SPJIMR arguments.

However this ruling is bound to create hornet stir and is bound to open padora’s box as lot many students whose money was forfeited by SPJIMR, are bound to knock the door of MRTPC as not only SPJIMR but a host of many lesser ranked colleges are known to employ this technique of holding a candidate by forcing him to pay a large sum of amount during GD or even before interview.

Further this ruling might impact SPJIMR in significant way if other students who have their fee lying with SPJIMR decide to follow it as CoolAvenues has learnt that SPJIMR has been employing this practice of predatory fee deposit since 1997. However this is the first time somebody approached MRTPC and has won against it and hence the money taken by SPJIMR by account of cancelled admission will run in millions and might impact SPJIMR significantly in short as well as long run.




HC seeks explanation from Bhagalpur admn
http://timesofindia.indiatimes.com/Cities/Patna/HC_seeks_explanation_from_Bhagalpur_admn/articleshow/4023751.cms
24 Jan 2009, 0000 hrs IST, TNN
PATNA: The Patna High Court on Friday directed the Bhagalpur DM, zonal IG besides the SP and SDO to appear before the court on February 27 and give reasons why its order to remove encroachers to give possession of a piece of land in Bhagalpur town to a writ petitioner was not complied with. A single bench presided over by by Justice Mihir Kumar Jha issued the directive while hearing the writ petition of Birendra Kumar Mishra. The petitioner submitted that a couple of years back a bench of the high court had allowed his first writ petition directing the Bhagalpur district administration to remove the encroachers. But the administration did not comply with the court order and the petitioner was forced to file this second writ petition. The petitioner added that his land was to be acquired under a process of land acquisition. But the government did not acquire the same and it was encroached upon by some other people with seemingly tacit approval of several government officials who did not take any action to keep the land free of encroachers, the petitioner's counsel submitted.





SC asks Vodafone to respond to tax dept notice
http://www.thehindubusinessline.com/2009/01/24/stories/2009012451750100.htm
Apex court refuses to admit SLP; jurisdiction issue to be examined by I-T assessing officer.
Taxing issues
SC has allowed Vodafone to fast-track any appeal against the I-T officer’s order by going directly to High Court
The apex court’s decision can be seen as a small victory for the I-T Department, say tax experts
Our Bureau
New Delhi, Jan 23 In an oral order the Supreme Court today asked Vodafone International Holdings to answer the show-cause notice that had been issued to it by the Income-Tax (I-T) Department. The apex court has disposed of Vodafone’s special leave petition at the admission stage itself. The written order is awaited.
Vodafone International had challenged the I-T Department’s jurisdiction to assess withholding tax over offshore transactions involving assets in India and refused to respond to the notice. Its writ petition before Bombay High Court was dismissed in early December 2008, prompting the company to approach the apex court through a special leave petition.
The apex court today left it to the I-T assessing officer to decide the jurisdiction issue. However, Vodafone is understood to have been allowed to fast-track any appeal against the I-T assessing officer’s order by going directly to the High Court, instead of going through the normal channel of departmental appeals process.
The Bench comprising Mr Justice S.B. Sinha and Mr Justice M.K. Sharma declined to hear Vodafone’s appeal which the company had filed after the Bombay High Court had in December 2008 dismissed Vodafone’s writ petition. The writ petition had challenged the I-T Department’s jurisdiction to assess withholding tax arising out of Vodafone’s acquisition of a controlling stake in Hutchison Essar.
Netherlands-based Vodafone International Holdings had in February 2007 bought a 67 per cent stake in Hutchison Essar from Hutchison Telecom International (HTIL) for $11.2 billion. The assets it purchased, however, were in India.
While expressing displeasure that Vodafone had not produced the copy of the sale agreement before the apex court or even to the High Court, the Bench today asked Vodafone to “go and respond” to the show cause notice, stating that it was important.
Meanwhile, a Vodafone statement issued today said “given the fact that the petition filed by Vodafone involves important questions of jurisdiction, the Honourable Supreme Court of India has asked the tax authorities to decide, as a preliminary issue only, whether it has jurisdiction to proceed against Vodafone (and no other issues).
Should Vodafone be aggrieved by the order of the tax authorities’ preliminary adjudication on jurisdiction, Vodafone has been permitted to again directly approach the High Court.”
Reacting to the apex court’s move, Mr Rajendra Nayak, Partner, Ernst & Young, told Business Line that the “outcome is back to square one for both parties”. The Supreme Court has not decided on either side and remanded the matter to the tax authorities, he noted.
M&A impact
“In a very narrow sense, it is a victory for the tax department. This is because the apex court has upheld the department’s action of issuing notice to Vodafone,” Mr Nayak said. On the implication of the Vodafone tax litigation on other cross-border deals, Mr Nayak said that investors should be cautious in managing the tax risks in cross-border mergers and acquisitions.
“The notices of the tax department to Vodafone and other cases have created uncertainty on the taxation front. This will have some bearing on future cross border M&A deals,” he said.
The Income-Tax Department estimates that tax deducted at source (TDS) amounting to about $2 billion had not been paid to the exchequer in the $11.2-billion Hutch-Essar deal. The judicial pronouncements till date on the Vodafone matter has strengthened the department’s hands in looking at other offshore transactions/cases involving transfer of assets situated in India, tax experts said.




Chief justice not averse to judges declaring their assets
http://blog.southasianews.com/index.php/2009/01/23/chief-justice-not-averse-to-judges-declaring-their-assets/
New Delhi, Jan 23 (IANS) Seeking to set aside the controversy over official disclosure of judges&#39 wealth, Chief Justice of India K.G. Balakrishnan Friday said he was not averse to the judges of the higher judiciary declaring their assets.
&#39I do not have any problem if individual judges declare their assets,&#39 said Justice Balakrishnan in an informal interaction with reporters after releasing the autobiography of the apex court&#39s former judge Justice V. Ramaswamy at the Indian Law Institute here.
Asked about the reports that judges have relented to make official disclosure of their assets, the chief justice said they have taken no such decision, but added they may discuss the issue during their daily meetings in the apex court in the coming days.
Asked if he had convened any meeting of the apex court judges to discuss the contentious issue, the chief justice said, &#39We meet every day. We will discuss it.&#39
Asked for his personal views on the issue, he said, &#39My personal views are immaterial.&#39
As per the prevailing arrangement, the judges of the Supreme Court and various states&#39 high courts keep apprising their respective chief justices annually about their assets and wealth. They are also supposed to apprise the chief justices whenever they make any major wealth or asset acquisition.
The judges of the higher judiciary, however, have no institutional arrangement to declare their wealth.
Acting on a lawsuit, seeking declaration of their assets by the judges of the higher judiciary, India&#39s official transparency panel, the Central Information Commission, had recently asked the apex court judges to declare their assets.
The Supreme Court, in turn, has moved the Delhi High Court challenging the CIC&#39s authority and directive.
This entry was posted on Friday, January 23rd, 2009 at 11:25 am.



If a judge wants to disclose assets, he’s welcome: CJI
http://www.indianexpress.com/news/if-a-judge-wants-to-disclose-assets-hes-welcome-cji/414730/
Tannu Sharma Posted: Jan 24, 2009 at 0120 hrs IST
New Delhi: Chief Justice of India (CJI) K G Balakrishnan today said judges could, if they wished, reveal on their own information on their assets and wealth.
“If any judge wants to disclose (this information) he is welcome to do it. I have nothing against it,” the CJI told The Indian Express.
He clarified he had not prevented any judge from taking this step: “It is not a question of my willingness,” Balakrishnan said at a function where he released an autobiography of former SC judge K Ramaswamy.
The statement assumes significance coming soon after reported murmurs in the Supreme Court, where some judges are learnt to have privately expressed ‘pain’ at the apex court’s decision to oppose the Central Information Commission’s order asking judges to disclose details of their assets under the RTI Act.
Currently, judges submit details of their assets to the Chief Justices of their respective courts, but the information is not in the public domain. On January 19, the Delhi High Court stayed the CIC order on an appeal by the SC. The next hearing is on February 12.
Asked if the Supreme Court would convene a meeting to look at the issue again, the CJI joked, “We (Judges) meet every day... There are so many problems that are discussed. We should be discussing that issue also...”






CBI submits report on Yadav, may seekto prosecute her
http://www.tribuneindia.com/2009/20090124/main4.htm
R. Sedhuraman/Legal Correspondent
New Delhi, January 23The CBI today said it had submitted its investigation report on the cash-for-judge scam involving Punjab and Haryana High Court judge Nirmal Yadav to the Supreme Court and the Centre amid speculation that the investigating agency had recommended action against her.
“The report has been sent to the Chief Justice of India (K.G. Balakrishnan) and the Ministry of Personnel upon completion of the investigation,” a CBI spokesman confirmed, but refused to divulge the contents.
The CJI has already served notice on Justice Yadav, asking her to show cause as to why action cannot be taken against her for her alleged involvement in the August 13, 2008 scam.
The notice was issued last month in the light of the report of a three-judge committee set by him to go into the issue separately in addition to the CBI probe ordered by Punjab Governor SFR Rodrigues in consultation with HC Chief Justice Tirath Singh Thakur.
In her response to the notice, Justice Yadav had denied receiving the money and asked for all the documents (preferably by January 14), based on which the charges were levelled against her.
The committee comprising Chief Justices Hemant Laxman Gokhale of the Allahabad High Court and KS Radhakrishnan of the Jammu and Kashmir High Court and Delhi High Court judge Madan B Lokur had submitted its report to the CJI on December 12, apparently indicting her.
The case pertains to allegations that a bribe of Rs 15 lakh meant for Justice Yadav was by mistake delivered at the residence of Justice Nirmaljit Kaur. Justice Nirmaljit Kaur had lodged a police complaint on August 13, stating that senior Haryana law officer Sanjeev Bansal had delivered the cash. The case was subsequently handed over to the CBI.
It has also been alleged that another suitcase containing Rs 15 lakh was delivered to Justice Yadav the following day (August 14).
Law Ministry sources said the CBI’s request for permission to prosecute the tainted judge would be forwarded to Rashtrapati Bhavan as the President is the appointing authority whose consent is necessary for proceeding against such constitutional functionaries.




HC fines Bhujbal, DGP for not filing affidavits
http://timesofindia.indiatimes.com/Mumbai/HC_fines_Bhujbal_DGP_for_not_filing_affidavits/articleshow/4024053.cms
24 Jan 2009, 0329 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay high court on Friday imposed a fine of Rs 2,500 each on deputy chief minister Chhagan Bhujbal, director-general of police A N Roy, DGP (home guards) J D Virkar, former police commissioner R S Sharma and former ACP Shankar Kamble for failing to file affidavits
despite the court's order last month. A division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud gave them two weeks to file their response to a petition, which had claimed that a BMC officer was not arrested in the Sara Sahara case allegedly on Bhujbal's orders. The petition was filed by MCOCA accused Ketan Tirodkar and pertained to the construction of the Sara Sahara complex, in which Dawood Ibrahim's brother Iqbal Kaskar was arrested under the anti-gangster law. Tirodkar relied on a note by the investigating officer, Kamble (now retired), that a civic officer was not booked following directions from Bhujbal, who was the deputy chief minister then as well. The note by Kamble, which was part of the probe, read, "Referring to para 103, approval was sought from the commissioner of police (Sharma) for the arrest of assistant engineer Rajbhar of the building proposal department (repairs & reconstruction) and Shri Rajendra Vale, ward officer, A-Ward. However, only Rajbhar was arrested initially, to judge the reaction, as it was expected that the BMC Workers' Union would react and create law and order problems. "After the arrest of Rajbhar, a meeting was held in the deputy CM's room in the presence of the then commissioner and the principal secretary, (home) Virkar. The deputy CM had instructed not to affect any further arrest without his consultation. Even today, there is sufficient evidence to show that the ward officer has failed in his duties.'' A report submitted by the DGP said there was no offence made out against Bhujbal or the police officers.





HC slaps Rs 21K fine on state
http://timesofindia.indiatimes.com/Nagpur/HC_slaps_Rs_21K_fine_on_state/articleshow/4024393.cms
24 Jan 2009, 0353 hrs IST, TNN
NAGPUR: The Nagpur bench of Bombay high court on Friday slapped Rs 21,000 fine on the department of higher and technical education for failing to reply to its orders of coming out with the explanation on rejecting permission to three colleges for starting their operations from academic year 2008-09. According to counsel for the petitioner Firdos Mirza, a division bench comprising justices Dilip Sinha and Ashok Bhangale, had levied fine of Rs 7,000 each on department’s failure to reply on rejection of proposals belonging to Swargiya Narandrarao Asthapana College of Deoli, and two branches of Digitech College at Alipur and Bela. The court orders came while hearing a petition alleging irregularities in distribution of 48 new colleges, most of them belong to ministers, MPs, MLAs and former politicians. The petitioners claimed that most of them belonged to educational trusts run by politicians and were apparently distributed under their pressure. These colleges started their operations from academic year 2008-09 and offered general courses like arts, science and commerce. The petitioners had also applied for new colleges from current academic session to the state government, however their applications were rejected citing lack of basic facilities.






Files did not justify creation of posts: HC
http://timesofindia.indiatimes.com/Goa/Files_did_not_justify_creation_of_posts_HC/articleshow/4024108.cms
24 Jan 2009, 0220 hrs IST, TNN
PANAJI: The high court of Bombay at Goa, which set aside the appointment of two parliamentary secretaries on Thursday found that the appointments were made by circumventing administrative and constitutional norms. Stating that government posts are created in administrative interest and justified on the basis of data and its necessity the court found that the file pertaining to the appointment of the parliamentary secretaries reflected administrative haste and the bypassing of rules. Raising concerns over such appointments, the court observed that the file does not reflect any necessity for the creation of the posts. The court also said that the file does not state as to what government or public interest was sought to be served by creating the posts and appointing elected members as parliamentary secretaries giving them the rank of cabinet ministers. The court also pointed out that the process of creating these posts normally takes months and years, but records indicate that posts were created on July 6, 2007 and the file moved to the concerned departments the same day. The notification creating them was issued on 11th July 2007. On going through these records, the court noted that the government did not consider it appropriate to spell out the duties and functions of the persons appointed to these high public offices, before granting them the rank and status of cabinet ministers. The files did not reveal the justification for it. In these circumstances, the appointment of MLA Nilkanth Halarnakar and Francis Silvera was struck down by the court. Apart from these administrative errors, the court elaborated on how the purpose of 91st amendment to the Constitution (article 164 1A) was defeated by creating the posts. Justifying its decision, the government told the court that it has executive powers to make such appointments under article 162 of the Constitution, but this claim was rejected by the court. The court opined that article 162 does not have the effect of overriding the constitutional intent of Article 164(1A). "These two provisions must be read harmoniously so as to achieve the object behind legislation and should not grant excessive or unlimited powers to the executive (government)," the court observed. The purpose of enacting article 164(1A) was to check defection and limit the size of the cabinet for better governance, and to avoid a heavy burden on exchequer. The court also took objection to the indirect method adopted by the government, giving the MLAs the nomenclature of parliamentary secretary, when in fact they would be ministers.





Parking fee: HC vacates interim stay
http://www.hindu.com/2009/01/24/stories/2009012457900100.htm
Staff Reporter
Motorists now need not pay parking fee
High Court order does not cover roads that have metered parking
BANGALORE: The Karnataka High Court on Friday vacated an interim stay it had granted on January 13 on charging parking fee on some roads in Bangalore.
Justice Ravi Malimath passed the order after hearing the Bruhat Bangalore Mahanagara Palike (BBMP) and Ishwarya Associates, the contractor who had claimed to have bagged the contract for collecting parking fee on nine roads of Bangalore — M.G. Road, Lavelle Road and crossroads, St. Marks Road, Brunton Road, Residency Road from Kids Kemp to Richmond Road, Krishna Temple Road in Indiranagar and Jyoti Nivas College Road.
With this, motorists now need not pay for parking their vehicles on these roads. However, this order does not cover roads that have metered parking.Earlier, the BBMP urged the court to vacate the stay, saying that the notification was unauthorised. It said parking fee could not be collected without calling for tenders and that only the BBMP Council or the Administrator could issue orders on the pay and park scheme.
It said the scheme was scrapped in 2005 after the council passed a resolution to this effect. It said Section 348 of the Karnataka Municipal Council Act provided that only the commissioner could issue a notification to provide parking slots and the levy for vehicles could only be notified by the standing committee.
Meanwhile, a senior BBMP officer urged motorists not to pay for parking their vehicles on the sides of these roads and complain to the control room (on 22221188) if someone demanded money.





Counterfeit stamps: HC lodges FIR
http://timesofindia.indiatimes.com/Patna/Counterfeit_stamps_HC_lodges_FIR/articleshow/4023279.cms
24 Jan 2009, 0000 hrs IST, Ravi Dayal , TNN
PATNA: The Patna High Court administration lodged an FIR with Kotwali police station here on Thursday night against three named accused and some unknown persons in connection with counterfeit stamp printing on petitions and affidavits. The personnel in the stamp reporting section of the high court had a few days back detected counterfeit stamps printed on petitions and affidavits, which were almost a replica of the stamp processed by the four franking machines installed early this month on the high court premises. Sale of judicial stamps was recently discontinued in the high court as franking by the four machines began. "A slight change in the colour -- it is usually red -- of the counterfeit stamps led to the detection of the racket," said advocate general P K Sahi. He said a police team led by City SP, Patna, has begun investigation and he himself is monitoring it. Earlier, Acting Chief Justice Chandramauli Kumar Prasad had directed the registrar general of the high court to inquire into the matter and lodge an FIR in this regard. The three named accused in this case are munshis who had submitted some petitions for verification. But the stamp reporter found the stamps on them to be fake and informed the high court administration. "The counterfeit stamps on petitions were worth Rs 27,000," Sahi said. "Efforts are on to ensure that such printing is completely checked and the franking machines function without any hassle. Printing of counterfeit stamps through duplicate machines is not possible without connivance of someone working on the high court premises," the AG added. Sahi said there is a provision for a life term to those involved in dealing in counterfeit stamps. He said the government would request the high court to constitute a special court for speedy trial of the accused.





HC asks CID to probe case against BJP MLA
http://timesofindia.indiatimes.com/Ahmedabad/HC_asks_CID_to_probe_case_against_BJP_MLA/articleshow/4023878.cms
24 Jan 2009, 0042 hrs IST, TNN
AHMEDABAD: The Gujarat High Court on Friday asked CID (crime) to investigate a criminal case against BJP MLA Babu Jamna Patel, his son Lalit and five others. The politician has been accused of intimidating a family in connection with a land dispute. A criminal case was lodged against the MLA after one Yogesh Patel and his family members complained of being assaulted by Patel's men. Patel and the MLA had already entered in a legal dispute regarding a piece of land in Ambli village. Babu Jamna had allegedly tried to usurp the land, and the Patels moved to the High Court inviting a stay on the deal. According to Patels' advocate Yatin Oza, as pressure began to mount on the politician, he resorted to intimidating tactics and in fact assaulted the Patels last year in Nidhrad village of Sanand. At High Court's direction, the police complaint was registered. However, the Patel family complained that local police was not actively investigating the case, and sought a CBI investigation. Justice DH Waghela transferred the investigation to the CID (crime) and gave specific directions that the investigation would be carried out by an officer not below the rank of DIG.





5 med colleges get HC notice over fees
http://timesofindia.indiatimes.com/Ahmedabad/5_med_colleges_get_HC_notice_over_fees/articleshow/4023888.cms
24 Jan 2009, 0044 hrs IST, TNN
AHMEDABAD: Gujarat high court on Friday issued notices to five medical colleges, state government and Fee Regulatory Committee for SFIs in connection with implementation of fee structure. Parents' Association had complained before the court that even after eight months, SFIs continued to take fees based on criteria laid down by RJ Shah Committee. However, as per Rule 10 of the new laws, rules and finalisation of fee slabs by the institute or the committee would stand null and void after implementation of new rules. A division bench of Chief Justice KS Radhakrishnan and Justice Akil Kureshi sought explanations from NHL Medical College, Kesar Sal Medical College, Pramukhswami Medical College-Karamsad, SMIMER and CU Shah Medical College, Surendranagar. Further hearing on this petition is kept on February 10.




PwC to take refuge in 1986 high court ruling
http://economictimes.indiatimes.com/News/News_By_Industry/Services/PwC_to_take_refuge_in_1986_high_court_ruling/articleshow/4019302.cms
24 Jan 2009, 0845 hrs IST, Gireesh Chandra Prasad, ET Bureau
NEW DELHI: Price Waterhouse will defend its role as an auditor of the disgraced Satyam Computer Services, citing the 1986 verdict of the Bombay High Court that said an auditor should not be held responsible for tracking down ingenious and carefully-laid schemes of fraud in a company. Lawyers privy to the development, who requested anonymity, said as per the contract between the auditor and Satyam, the onus of providing accurate information was on the company. “This is a standard across the audit industry,” said a lawyer to ET. The scope of an auditor’s work is different from that of a detective, or of a law enforcement agency, making it difficult to detect orchestrated fraud even if all audit practices are religiously followed, he added. The 1986 verdict, that came in a case between audit firm AF Ferguson & Company and Tri-Sure India, said auditors must not be made liable for not tracking out ingenious and carefully-laid schemes of fraud when there is nothing to arouse their suspicion, and when these frauds are perpetrated by the tried servants of the company and are undetected for years by directors. “There is a clear distinction between the work of an auditor and the investigation of a detective. The auditor’s mind is unbiased unlike that of an investigator who approaches work with the presumption that fraud has taken place. The auditor does a sample checking of invoices and documents after assessing how effective is the internal risk controls in the firm. Based on that, he makes an inference about the authenticity of other similar documents. This sampling is just a drop in the ocean of invoices and documents that the company produces. Verifying the authenticity of all that material is outside the scope of statutory audit,” explained a senior auditor with a big accounting firm. “When the auditor stumbles upon something suspicious, he carries out more checks and additional verification, which still falls short of an investigation. That is because an auditor’s job is to give a true and fair view of the company’s financial health and not an ‘accurate’ picture of the same,” he added. While certifying the financial statements of a company, auditors state that the statements give a “true and fair” picture of the state of affairs in the company, as per the information and explanations given to them. This is far from guaranteeing the accuracy of the financial statements, explained the auditor. Sebi officials recently told ET that auditors should accept fewer assignments if they cannot verify all the documents they rely on. The auditing fraternity describes this as an expectation gap.








Delhi High Court lifts smoking ban in films, TV
http://www.indiantelevision.com/headlines/y2k9/jan/jan197.php
Indiantelevision.com Team (23 January 2009 10:00 pm)
NEW DELHI: In a major relief to the film industry, the Delhi High Court today struck down the Government's notification of 2005 banning smoking scenes in films or television.
In its order, the court allowed the depiction of smoking scenes in the films as it formed the fundamental right of a film-maker to show his creative abilities. It said banning smoking in films violated a filmmaker’s fundamental right of freedom of speech and expression enshrined in Article 19 (1) (a) of the Constitution.
Justice Sanjay Kishan Kaul ruled that the Government's rule-making powers can only curb the advertisements of smoking and not ban its depiction since all depictions cannot be termed as advertisement.
Similarly, he said showing sports events sponsored by tobacco companies or of cigarette brands cannot be a violation of the Cinematograph Act 1952, thus giving a major relief to the print and electronic media.
Quoting an example of a car rally sponsored by famous cigarette company "Marlbro", the Judge said there was nothing wrong in showing a car rally with the brand of the cigarette on a car or a photograph in a print publication with a Marlbro poster behind the prize winner or something similar. This cannot amount to violation of the laws.
Justice Kaul was asked to hear the case after a two-judge bench of Justice Mukul Mudgal and Sanjive Khanna last year gave a dissenting judgment where they had different viewpoints.
He noted "the directors should not have multifarious authorities breathing down their necks when indulging in creative art," since there already was a Central Board of Film Certification which can curb the scenes that glorify scenes of cigarette smoking. There was, therefore, no need of another regulatory body to curb such scenes.
The Union Ministry of Health and Family Welfare had in May 2005 proposed the ban by notifying the Cigarette and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules 2005 and by its notification said the rules will be applicable from 2 October, 2005.
The order had come on a petition in September 2005 by film director Mahesh Bhatt challenging the notification.
The government had argued that 800,000 Indians a year died from smoking-related diseases and that it was wrong for films or TV programmes to glamourise the habit.
It said that old films - whether Indian or foreign - must carry warnings if they showed smoking scenes. It said all logos of tobacco products must be masked or cut out.
The World Health Organisation had welcomed the move when it came in 2005, saying it would help cut India's smoking-related deaths because the portrayal of "attractive people smoking" had an influence on young people as "some of them identify with those on the screens".
In 2004, smoking was banned in public places and a ban imposed on tobacco firms' advertising in and sponsoring of sporting events. Another law in 2005 required manufacturers to list tar and nicotine content on packets.





Bombay HC sets aside appointment of Parliament secretaries in Goa
http://www.indlawnews.com/Newsdisplay.aspx?9ac8bb53-3dbb-490f-aedb-fc8df5f3f3f8
1/23/2009
In a set back to the Digambar Kamat-led coalition government, Goa-bench of the Bombay High Court set aside the appointment of two Legislators as Parliamentary Secretaries. Delivering the judgment on a PIL filed by social activist Aires Rodriges, Chief Justice Swatanter Kumar and Justice Nelson A Britto held the appointments of the two Parliamentary Secretaries as illegal, unconstitutional and unnecessary having been done for political stability.The High Court, however, rejected the plea of the petitioner for setting aside the Cabinet status of Economic Development Corporation Chairman Agnelo Fernandes (Cong), Deputy Chairman of state planning board Wilfred De Souza (NCP president) and Commissioner of NRI affairs Eduardo Faleiro (former Foreign Affairs Minister).Earlier, the state government in June 2007 had appointed two legislators Nilkanth Harlankar (NCP) and Francisco Silveira (Cong) as parliamentary secretaries even as Himachal Pradesh High Court in 2005 had declared the similar appointments as unconstitutional.Advocate General Subodh Kantak, however, requested the High Court to stay the order for six weeks to enable the government move the Supreme Court but only four weeks were granted in this regard.Mr Rodriges had submitted in his PIL that the appointment of parliamentary secretaries and conferment of Cabinet status on others was a fraud on the Constitution and in violation of the 91st Amendment, which was meant to restrict the size of the Cabinet to prevent jumbo size cabinets with a huge financial burden to the state exchequer.Chief Justice Swatanter Kumar and Justice Nelson A Britto had on March 19 last year, after hearing the final arguments in the matter, had reserved the judgment.Arguments on the PIL, filed on July 17, 2007 were initially heard by the High Court comprising Justice R M S Khandeparkar and R S Mohite on August 22 , 2007 and the matter was reserved for judgment. However on August 24, 2007, the court did not pass any orders but adjourned the matter stating that it would not be appropriate to deal with the matter as a similar case relating to the validity of the appointment of Parliamentary Secretaries in Assam was pending before the Supreme Court. Mr Rodriges then moved the apex court through a petition under Article 139-A (1) seeking transfer of the PIL for hearing along with the Assam case pending, as both the cases were similar. However on October 12, 2007, a division bench of the Supreme Court comprising of Justices S H Kapadia and B Sudershan Reddy directed that Goa-bench of the Bombay High Court should hear and decide PIL.Mr Rodriges said he will move the Supreme Court with immediate effect against the High Court ruling.UNI




PIL against promotion of babus
http://timesofindia.indiatimes.com/Patna/PIL_against_promotion_of_babus/articleshow/4023512.cms
24 Jan 2009, 0000 hrs IST, Sanjeev Kumar Verma, TNN
PATNA: The row over promotion of six IAS officers to the chief secretary rank in addition to the existing five and the government move to take back the power to issue payslip to senior government officers from the AG office, has taken a new turn with a PIL being filed in the Patna High Court. Petitioner, Kishori Das, a social activist, has contended that the promotions were effected in violation of relevant provisions of the IAS (Pay) Rules, 2007. Over the pay slip issue, he has contended that the state government violated Comptroller and Auditor General Duties, Power and Condition of Service Act, 1971, and did not consult the CAG before taking back such an important work from the AG office of Bihar. The government feared the AG office may refuse to issue payslips to five of its promoted officers as six officers were promoted to the chief secretary rank even though there was only one sanctioned post vacant, the petition says, adding the promotions in the pay-scale of Rs 80,000 would lead to misuse of public money. On December 20, the state government promoted six IAS officers S Siddhu, Deepika Padda, Anup Mukherjee, Raj Kumar Singh, Naveen Kumar and K C Saha to the rank of chief secretary. Thus, the number of chief secretary-rank officers went up to 11 as five IAS officers R J M Pillai, S Vijayraghwan, K D Sinha, S P Keshav and G S Dutta were already in the same rank. According to the Rule 9(7) of IAS (Pay) Rule, Bihar having three cadre posts of chief secretary rank can have only three more ex-cadre posts of chief secretary rank. Two days after the promotion, the state finance department issued a letter, stating that the power to issue payslips of gazetted officers (grade A) would be taken back from the AG office in a phased manner. The letter said the new system would be effective from January 1, 2009 in case of payslips of all- India services officers.





PIL filed against 'Slumdog Millionaire' in Gujarat High Court
http://www.ptinews.com/pti/ptisite.nsf/0/B8B9B999EAB459F665257547005D8938?OpenDocument

Ahmedabad, Jan 23 (PTI) An NGO has filed a public interest litigation (PIL) in the Gujarat High Court seeking a stay on the release of Oscar-nominated 'Slumdog Millionaire' alleging the movie's title was defamatory and demanding it be changed.The NGO, Dastak, in the PIL, has demanded that the court should stop the release of the film and its publicity in every form, Advocate Meena Jagtap, who is founder member of the NGO, said.The PIL alleged the title of the film is derogatory to the people of the country, Jagtap said."Through the PIL, we have raised a question whether we Indians are dogs?" she said adding "we are not against the film but its title." The PIL has been admitted by the Gujarat High Court and is likely to come up for hearing next week, she said.Directed by British filmmaker Danny Boyle, 'Slumdog Millionaire', a rags to riches story of a Mumbai slum kid, released in India today. PTI





NHRC orders compensation to kin of custodial death victim
http://www.freshnews.in/nhrc-orders-compensation-to-kin-of-custodial-death-victim-116776
By Indo-Asian News Service on Wednesday, January 21, 2009
The National Human Rights Commission (NHRC) has recommended to the Delhi government to give Rs.300,000 as compensation to the family of a 2003 custodial death victim.
Pappan, who was treated for withdrawal of alcohol symptoms and was an under trial prisoner, died in police custody May 4, 2003 after being beaten up by a fellow prisoner.
“The post mortem surgeon opined that his death was because of brain injury caused due to a blunt force on his eye,” an NHRC official said.
“An inquiry concluded that the cause of his death was unnatural and that the convict who had beaten him up was released from jail after completion of his sentence,” the official said.
“The commission, therefore, considering that the deceased not only became a victim of assault in jail, but also to the negligence on the part of doctors, has asked the Delhi government to pay a compensation of Rs.300,000 to the next of kin of the deceased.
“The compliance report with proof of payment should be sent within eight weeks,” the official added.




Policeman caught sleeping on duty gets partial relief from CAT
http://www.hindu.com/thehindu/holnus/002200901221885.htm
New Delhi (PTI): A policeman found sleeping during his duty at Rashtrapati Bhawan has got a partial relief from the Central Administrative Tribunal (CAT) which quashed the punishment of forfeiture of three years of his approved service.
The tribunal, however, found him guilty of two charges -- sleeping while on duty and negligently placing his rifle along a wall. It referred his matter back to the Delhi government asking it to relook at the quantum of punishment for the other charges, including consumption of liquor, which could not be proved against him.
"It would be appropriate for the disciplinary authority to reconsider whether the quantum of punishment is appropriate for the charge of sleeping while on duty and negligently placing his weapon alongside the wall," CAT Vice Chairman L K Joshi said.
The direction of the tribunal came on an appeal filed by Delhi Police constable Surender Singh against the punishment awarded to him which included forfeiture of three years of his approved service permanently.
The tribunal, also comprising judicial member Shanker Raju, said since the punishment awarded to him was also based on the charges that he was under the influence of alcohol when he was caught sleeping in December 2003, the matter needed a fresh look as consumption of liquor could not be proved against him.
"We cannot hold that Singh was under the influence of alcohol merely on the basis of a certificate that his breath smelt of alcohol," the tribunal said, adding, no evidence of doctor finding him in an inebriated condition was found.





'Explain logic behind TDS on compensation'
http://timesofindia.indiatimes.com/Mumbai/Explain_logic_behind_TDS_on_compensation/articleshow/4019073.cms
23 Jan 2009, 0018 hrs IST, Shibu Thomas, TNN
MUMBAI: Banks deducting tax on compensation paid to motor accident victims have come under the scanner of the Bombay High Court. A division bench of Justices B H Marlapalle and D G Karnik asked the banks to spell out the legal basis for deducting tax at source on the interest on such compensation amounts deposited with them. The judges remarked that compensation paid by insurance companies was completely exempt from Income Tax. The case before the court concerned a claim filed by one Germain D'Mello and her two children. Her husband Joseph D'Mello had died after he was knocked down by a car on the Andheri Kurla Road on February 1, 1995. The Mumbai Accidents Claims Tribunal (MACT) awarded the family Rs 23.55 lakh as compensation, along with an interest. As per rules, if the insurance company challenges the MACT verdict, it has to deposit the compensation amount in court. If the compensation amount is small, the money is given to the claimant/s after they submit an undertaking that they will refund the money if the insurance company wins the case. In case of large amounts, half the compensation amount is paid to the claimant, while the remaining is deposited in a nationalised bank. According to the petitioner's lawyer, MACT-Mumbai alone deposits around Rs 5 crore in banks. The HC has deposits running to the tune of over Rs 100 crore in banks. Banking rules mandate that if the fixed deposit is over Rs 10,000, the bank is entitled to deduct tax at source (TDS). In D'Mello's case, the amount deposited by the United India Insurance Company Limited with the Punjab National Bank stood at Rs 44 lakh and increasing. PNB has asked Germain to pay Rs 2.4 lakh as TDS, but refused to give her a TDS certificate. The court has now asked Germain to treat PNB as a respondent.





Asif appears before IPL tribunal for his dope case
http://www.newspostonline.com/sports/asif-appears-before-ipl-tribunal-for-his-dope-case-2009012428856
Posted by hpandey
Mumbai, Jan 24 (IANS) Mohammad Asif along with his lawyers appeared before the Indian Premier League (IPL) tribunal to testify for his doping case at the Cricket Centre in the Wankhede Stadium here Saturday.
The Pakistani bowler, who played for Delhi Daredevils last year, tested positive for a banned substance last year in the IPL.
The IPL tribunal comprises former Indian captain Sunil Gavaskar, advocate Shirish Gupte and medical specialist Ravi Bapat. Karachi-based lawyer Shahid Karim and a local Mumbai-based lawyer are fighting the case for Asif.
The hearing has been postponed twice earlier.
Asif’s contract with Delhi Daredevils has been terminated.
Indo-Asian News Service