Manifesto of an unborn party http://www.tribuneindia.com/2009/20090315/edit.htm#1
People want to live in an India managed bycompetent rulers, says Ram Jethmalani
The nation is getting ready to elect a new Parliament. It is by no means amused by the antics of the current occupants whether on the government benches, the Opposition or even known independents. Except for a few honourable exceptions, politicians are held in contempt.
The chances are that most of the current herd will face ignominious defeat. Parliament will doubtless have a new look. Will it be pleasing or even uglier than before remains a troublesome question. No one should venture a prediction.
Surveying the political scene, I do not see any possibility of any principled coalitions or electoral alliances. All the ones being negotiated or planned have no discernible ideological rationale nor any public weal in view. Naked and sordid pursuit of power appears the sole motivation. Mortal enemies seem to be shaking hands and allies till yesterday are ready to stab and destroy one another.
This is a draft manifesto of a party that exists only in the imagination of a few likeminded citizens. Their only qualification is that they are not in the power game but want to live in a better India whose management is in credible and competent hands. A party or coalition that swears by this manifesto may never be born but at least the voter will find in it some useful advice who to vote for. Naturally we first turn to foreign affairs.
India is now facing a totally new world order which hardly bears any resemblance to that which our first Prime Minister encountered. Communism has proved to be a total failure and both Russia and China are Communist only in name. Both have switched over to the free market and Russia even pretends to some kind of political democracy. The US has emerged as the only military super power.
Globalisation has made obsolete many economic shibboleths and conventional trade tariffs have fallen by wayside. The current rulers have no expertise for surviving in this totally unfamiliar milieu.
However, the Constitution makers have left for all succeeding generations a compulsory lesson about how our foreign policy should be conducted. The lesson is written in the first Article which reads as under: India shallpromote global peace and security;maintain just and honourable relations between nations;foster respect for international law and treaty obligations in the dealings oforganised peoples with one another; andencourage settlement of international disputes by arbitration.
Our commitment to world peace and security is the constitutional obligation. Maintaining just and honourable relations between nations and fostering respect for international law or encouraging settlement of disputes by peaceful arbitration are just corollaries from this grand theorem.
Thirty years of research has shown that democracies do not easily go to war. The horrendous consequences of war fall heavy upon the citizens in their character of soldiers and taxpayers.
Modern International Law has created an elaborate system of human rights. Starting with the Declaration of 1948 the effort has culminated in the too elaborate Covenants of 1966. The governments which do not practice rigorous democracy cannot pretend to be upholding human rights.
With all its faults and failures, India has a vibrant democracy and we have to promote the spread of democracy in all parts of the globe. It was a proud moment for India when Prime Minister Dr Manmohan Singh and former US President George Bush entered into a partnership for furthering democracy.
In its conduct of foreign relations, this shall be the basic agenda of the new Indian government. It also follows that India will do nothing to encourage or enrich those states which are well known enemies of democracy and whose acceptance of human rights is only a pretence or a fraud.
September 11, 2001 and now November 26, 2008 have precipitated a climactic confrontation between the irresistible forces of good and evil, reason and unreason modern civilisation and primitive barbarity. Time has come when we have to recall what President Theodore Roosevelt said almost hundred years ago: “We stand at Armageddon and we battle for the Lord”.
Relations with Pakistan require the highest statesmanship. Partition and its horrible aftermath have unfortunately coloured our response to Pakistan. We cannot honestly claim that we have ever gone out of our way to win the hearts and minds of the people of that country.
India had always been opposed to the two-nation theory but we forget that Qaid-e-Azam Jinnah, the founder of Pakistan, had himself repudiated it as soon as he won independence for his state. He had declared that Pakistan would be a democratic liberal and just state. It would live peacefully with its minority Hindu population and relations with India would be of friendship and cooperation.
Unfortunately, Jinnah died soon of tuberculosis and the first Prime Minister Leaqat Ali Khan was cruelly assassinated. Its excellent first Constitution of March, 1956 was superseded and luckless Pakistanis have had to suffer long and repeated spells of autocratic military rule.
The present is the chance to undo the past. Pakistan has got back its democracy; its war mongers are lying low; the establishment understands the futility of war and the Pakistan-created Frankenstein of Terrorism has now turned on its creator.
External Affairs Minister Pranab Mukherji must stop his silly claptrap of “All options open”. War is not the option. A No War Pact with no loopholes and escape routs is the only option to pursue. Every thing else will take care of itself.
People blessed with a genuine democracy, constitutionally protected rights and duties of individuals and an independent judiciary to enforce them have attained Azadi. Any violent action to secure more of it or of a different kind or content is the crime of terrorism or treason or both.
Pakistan and India must be transparent in their dealing with the local populations on both sides of the LoC and the international community must be able to certify that there is no colonial type exploitation of their material resources. The Kashmir problem found its solution long ago but the political will has been lacking.
President Zardari is ready; Manmohan Singh has to be willing. The BJP wants immediate cessation of diplomatic relations. People of India should and will dismiss it as political bankruptcy and electoral insanity.
A genuine settlement with the Pakistan Government will make the Army retire to its barracks and make Pakistan’s revolving door democracy stable for a change.
Threats of war from India only make our neighbour’s democracy wobbly and vulnerable to its old enemies. India must guarantee that Pakistan does not turn out to be a failed state.
India and the US are pledged to fight a war against terrorism. Our ministers,however, are not acting like warriors but policemen. Their emphasis does notseem to be elimination of terrorists but on catching a few and punishing themthrough our judicial process.
All our attempts to make Pakistan admit that the Mumbai terrorists are Pakistanis and prepare elaborate dossiers for the consumption of Pakistan and other world states are futile and wasted effort.
India and the US must persuade Pakistan to believe that terrorists are also a threat to its fledging democracy. It is in its own interest to cooperate with us in exterminating this lethal virus. The three governments must together hunt them out in their habitations and destroy them.
This action is urgently called for and must be undertaken before any terrorist organisation can lay its hands on nuclear weapons.
The war against terrorism cannot be fought without neutralising the states which foster, finance and harbour terrorism.
We know the birth place of both Sunni and Shia terrorist organisations. We must persuade the Security Council to take decisive action.
If the Security Council’s action is paralysed by the veto of one or the other member, we must be prepared to act alone in exercise of our right of self-defence expressly recognised by the UN Charter.
The heart warming development which we have failed to notice or publicise is the declaration made by thousands of Muslim clerics who under the inspiration of Darul-Ulloon declared that terrorism is condemned by Islam.
There is not one word in the Holy Quran to sanctify the killing of innocent, unarmed, children, women and old men. The terrorists are too cowardly to engage the military forces and regular combatants.
Tackling terrorism will require unapologetic honesty and total moral clarity. The rogue states must be identified, named and tamed. To hobnob with them for whatever reasons is treason against the Indian nation.
One of the priceless legacies of the British rule is the judicial system with its emphasis on absolute integrity of character and a high degree of technical competence in the shape of deep knowledge of law and tremendous facility in sifting facts and analysing evidence. At the same time, justice was prompt and cheap.
Every citizen today knows that our judicial machinery has totally crumbled. Itshould be the primary duty of government and Parliament to restore the systemto its pristine glory.
Lord Brougham in a speech on “Law Reform” said, “It was the boast of Augustus that he found Rome of brick and left it of marble. But how much nobler will be the sovereign’s boast when he shall have it to say, that he found law dear and left it cheap; found it a sealed book, left it a living letter; found it the patrimony of the rich, left it the inheritance of the poor; found it the two-edged sword of craft and oppression, left it the staff of honesty and the shield of innocence.”
The present method of recruitment and dealing with judicial delinquents is totally outdated and impracticable.
India has the experience of 1993 when a credible and foolproof impeachment motion failed, because the ruling party did not vote and the required 2/3rd majority could not be collected.
It was a case in which Parliament’s corruption cooperated to sustain its companion, the judicial corruption.
Moreover, judges are made to sit on Benches before which all sorts of matters turn up. Some of them arise out of areas of law of which one, more or all the judges on the Bench have not the faintest idea.
Litigants have had the misfortunate of appearing before Benches in serious criminal cases where not one of the judges could claim any familiarity with criminal law.
The counsels even find it difficult to decide, how much enunciation of the relevantlaw they must attempt or when to stop in the belief that their argument has at lastbeen understood.
It is easy to deal with a loquacious Judge, but it is difficulty to fathom a non-speaking one and the ignorant usually adopt a sphinx-like posture.
Repeated suggestions that matters relating to specific branches of law should be put before Judges who are experts in those branches of law have fallen on deaf ears.
Perceptive practitioners only, while sitting in court, observe the frequent miscarriage of justice happening before their eyes. These go unnoticed by others and do not evoke a protest.
Dealing with this deficiency does not require any legislation. It can be done by setting up traditions binding on the Chief Justice of the court.
It is a scandal that 30 million cases are pending in the subordinate courts and thousands in the higher courts.
Successive Law Commissions have time and again reported that we need to multiply our courts five times. This shall be speedily done by the new government.
By reason of its unpardonable dilatoriness, criminal justice has lost its deterrentpunch. Crime and criminals continue to grow and threaten the stability andsecurity of society.
About four years ago, Transparency International and the Delhi-based Centre for Media Studies undertook study of corruption in India. The result published the same year said that Indians pay out more than Rs 20,000 crore as bribes every year and scores of public servants at all levels are involved.
Connected with the question of competent courts is the issue of corruption. The political system and our legislators have become totally insensitive to this galloping cancer. But the people know that corruption has permeated into every part of our body politic and it has ascended to the level of the Apex Court.
The public suspicion is heightened by the Supreme Court Judges’ reluctance to declare their wealth. Once the people’s faith and confidence in the judicial process are gone, the vacuum will be filled by musclemen and murderers.
Legislation has failed to deal with this menace proving the old adage that we cannot legislate character. Our schools and colleges curricula need to be reformed to include ethics and moral science as compulsory subjects.
The current tenure of Parliament even saw large wads of currency notes beingbandied about in the Lok Sabha. Voters must ensure that only persons of thehighest integrity are voted into our legislatures, Cabinets at the Centre and inthe state level.
For the last six months, practically the whole world is reeling under economic meltdown. India too has not escaped the catastrophe.
Wise economic policies will have to be put in place but dealing with growing corruption should be an urgent and conspicuous strategy.
On the economic front, the solution is not to revert to the old system of government controls, licenses and permits. That will be a remedy worse than the disease.
Our Finance Ministry must now study the principles of Keynesian economics which worked for the US during the 1930s and for almost all European countries during World War II.
Massive investments in infrastructure and creation of new jobs for employing those who have lost their earlier ones for the new ones who are entering afresh the employment workforce are called for. Private entities must have easy access to public funds with checks to prevent misuse.
Our pluralist multi-religions and multi-lingual society can march forward only by demolishing dividing walls and cultivating a dominating Indian identity. Lesser identities will coexist.
This is best secured by a rational secularism which makes the needs of the Republic paramount with power to trump all religions beliefs and practices.
Secularism, correctly understood, requires every Indian life to be guided by reasonand logic. In the distribution of economic, political and social rights, the state shallremain neutral and treat all as equals; religion of a citizen shall never justify anyhostile discrimination.
The new government shall expound and enforce this secularism without deviating from it to get some electoral advantage.
The Constitution of India recognises the need for reservation in legislatures and in public employment for those sections of society, who historically have been unjustly treated and suppressed. The women of India doubtless belong to this category.
On democratic principles half the members of every legislature must be women but as a compromise it has been proposed that one third of the seats in Parliament must be reserved for them.
Unfortunately, a male-dominated society is still resisting this proposal becoming law. The next government and Parliament must secure this justice for women in the first six months of its tenure. This makes our Parliament more orderly, purposeful and, certainly, more colourful.
This missive is our advice to voters to identify honest candidates with high liberal education committed to international peace and domestic unity with a past record which guarantees that they will not abandon principles when seeking public office.
The writer is a jurist and former Member of Parliament
Honour killing: HC's lifer to mother, daughter
http://www.ptinews.com/pti/ptisite.nsf/0/616172A01C5FC66E65257578005C756A?OpenDocument
New Delhi, Mar 13 (PTI) In a case relating to honour killing, the Delhi High Court today sentenced a woman and her younger daughter to life imprisonment for murdering the family's elder daughter who was unmarried but pregnant.Upholding the trial court's findings and sentence against Darshana Devi and her younger daughter Rajni, the court cancelled the bail bond of Rajni and directed her to be taken into custody immediately."They (Dharshana and Rajni acted thinking that by doing away with Raj (deceased) they could hide the social shame and stigma of Raj being an unwed mother," observed a Division Bench of Justice Pradeep Nandrajog and Justice Aruna Suresh and dismissed their appeal.About Rajni, the court said that "Rajni, 18 year, was under the influence of her mother who in turn was concerned about the fate of Rajni because she thought that even her future would be clouded if the reputation of the family was sullied"."The motive of the crime was to save the honour of the family," the Bench said in a judgment."If the society would not frown upon sex outside marriage and would accept a single parent, there would have been no motive and hence no murder," the court observed. MORE In April, 2002, Dharshana Devi, along with Rajni, killed Raj, elder daughter of Darshana, as she was 19 weeks pregnant and the doctor had declined to abort the pregnancy at that stage. PTI
CIC imposes penalty of Rs 25k on Delhi HC official
http://www.indianexpress.com/news/cic-imposes-penalty-of-rs-25k-on-delhi-hc-off.../434147/
New Delhi: The CIC has imposed the maximum fine of Rs 25,000 on a Delhi High Court official for failing to respond to an RTI application forwarded to it by the Supreme Court of India.
"...it appears that he has no submission justifying the failure to respond to the application transferred to him by the CPIO, Supreme Court of India. He has therefore rendered himself liable for the full penalty of Rs 25,000," Chief Information Commissioner Wajahat Habibullah ordered.
This is the maximum fine permitted by RTI Act. Habibullah directed the Registrar of Delhi High Court to recover this amount from Jt Registrar (establishment) and PIO P S Chaggar either directly or through deductions from his salary not exceeding Rs 5,000 per month from April 3.
The case relates to RTI application filed by one Vijay Pal Singh who sought information, regarding a case filed by MCD against him, from the Supreme Court of India.
The apex court forwarded the application to MCD and Delhi High Court as it was not the custodian of the information.
While Central Public Information Officer (CPIO) of MCD provided the information, though unsatisfactory as per Singh, the High Court representative did not even appear during the final hearing of the case at the CIC.
Habibullah said Singh was free to move an appeal against the response given by MCD and a second appeal before CIC if dissatisfied.
Improve mental health services in a year: HC
http://timesofindia.indiatimes.com/Delhi/Improve-mental-health-services-in-a-year-HC/articleshow/4257467.cms
13 Mar 2009, 0204 hrs IST, TNN
NEW DELHI: Accepting suggestions of a committee it had constituted on mental health services in Delhi in the aftermath of the shocking Gitanjali Nagpal case of 2007, the Delhi High Court on Thursday gave the state government a time of three months to a year to put these sweeping reforms into place. A division Bench of HC disposed of a PIL filed last year by a DU law student following the episode in which Gitanjali Nagpal a former model suffering from chronic psychosis was rescued from the streets in south Delhi. Srirupa Mitra Chaudhary, chairperson of NGO Sudinalaya, was asked to come up with suggestions on the basis of which the court asked the committee to frame a report. With HC's stamp of approval on the report, the government will now have to revamp Nirmal Chhaya Shelter Home Complex, the MCD's night shelters, improve labour welfare centres and also help IHBAS set up a child psychiatry ward. At Nirmal Chhaya complex, HC has asked the government to set up mental health treatment centres within three months for proper treatment and rehabilitation of women suffering from mental illness. Giving a year's time, HC asked the government to act upon another recommendation of the committee to establish half-way homes in the complex to provide treatment to women and children who have been discharged by hospitals, but are unable to find their addresses and family members. The HC has appointed a committee, headed by the principal secretary of health and family welfare, and asked it to monitor the progress and file a compliance report by July 6.
Delhi HC rejects PIL against Satyam
http://sify.com/finance/fullstory.php?id=14869606&?vsv=TopHP8
Friday, 13 March , 2009, 08:55Last Updated: Friday, 13 March , 2009, 09:37 New Delhi: The Division Bench of the Delhi High Court on Thursday rejected a Public Interest Litigation (PIL) filed by Manohar Lal Sharma, who claims to be a shareholder of Satyam Computer Services.
Sharma had approached the High Court against the Ministry of Corporate Affairs and the present Board of Satyam, on the recent Company Law Board (CLB) order regarding preferential issue of shares, and for increasing the authorised capital of the Hyderabad-based IT company, without the members resolution.
The petitioner claimed that such an action is ‘ultra vires’ and has been done without prior approval of the existing shareholders.
Power to save
The Division Bench, while rejecting the contention of the petitioner in toto, observed that the petition could not be termed as a PIL. The Division Bench directed the petitioner to seek other remedies as provided in the statute.
Satyam bidders face deadline
The Division Bench also observed that “as such a petition under Section 397/398 of the Companies Act, the CLB has wide power and scope to save the company from being wound up”.
'Hinduja Group will not bid for Satyam'
In its argument, the Government counsel had submitted that such a petition would derail the entire roadmap for continuing operations, infusion of capital and tapping a strategic investor.
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Subsequent to the order, Central Government representatives stated that it would have far-reaching consequences and would pave the way for Satyam to find a strategic investor.
HC sounds election bugle for Pachaiyappa's
http://timesofindia.indiatimes.com/Cities/HC-sounds-election-bugle-for-Pachaiyappas/articleshow/4257634.cms
13 Mar 2009, 0235 hrs IST, TNN
CHENNAI: Pachayappa's Trust, one of the biggest charitable organisations in Tamil Nadu, will have elections soon, as the Madras high court has formed a committee and asked it to complete the poll process within two months. Justice F M Ibrahim Kalifulla, passing orders on a batch of applications filed by the administrator-general and official trustee of Tamil Nadu, which is administering the trust properties now, seeking the appointment of a committee to hold elections, said a retired judge of the high court, justice P Thangavel, and a retired district judge A Ahamedulla, along with the Pachaiyappan's College principal, would hold elections to the trust. Among the institutions run by the Panchayappa's Charities are Pachaiyappan's College, Chennai; C Kandaswamy Naidu College for Men at Anna Nagar; Chellammal College for Women at Guindy; Pachaiyappa's College for Men at Kancheepuram; Pachaiyappa's Colleges for Women at Kancheepuram and Cuddalore; etc. The Charities is governed by a scheme decree dated February 12, 1909, and the scheme was modified in 1920, 1963, 2005, 2006, 2007 and 2008. Referring to the elaborate scheme laid down by these orders, Justice Kalifulla said the committee would hold elections smoothly and without any hindrance. After holding the elections and declaring the results, the committee is to file a report, all within two months, the judge said. The election date, however, shall be the discretion of the committee, he added. To prevent trouble from any quarters, the judge asked the Chennai City commissioner of police and the superintendents of police of Cuddalore and Kancheepuram to provide adequate security during polls. While the former HC judge would receive Rs 30,000 per month as fee, besides other expenditures, the former district judge would get Rs 20,000 a month. The principal, however, would not be given any remuneration for the assignment, the court said.
Shift hazardous waste treatment plant: HC
http://timesofindia.indiatimes.com/Cities/Shift-hazardous-waste-treatment-plant-HC/articleshow/4257529.cms
12 Mar 2009, 2356 hrs IST, TNN
BANGALORE: The high court on Thursday asked the authorities to stop construction of treatment, storage and disposal facility for hazardous waste at Dobbspet, and shift it elsewhere. A division Bench headed by Chief Justice P D Dinakaran suggested such sites in different parts of the state to avoid transportation of hazardous material. "PCB itself is the biggest polluter. You are wasting money to shift waste. We ourselves have started circuit Benches in Dharwad and Gulbarga as part of decentralization. Then why can't you have such facilities in different parts of state? According to the Basel Commission report which you have mentioned here, facilities should be closer to the source of generation (waste) and also avoid transportation," the Bench observed. Umashankar and others filed PIL challenging locating the facility at Pemmanahalli and Thimmanayakanahalli villages in a 93.18-acre plot claiming that the area falls within the catchments area of T G Halli reservoir.
Explain steps taken since 26/11: Bombay HC
http://timesofindia.indiatimes.com/India/Explain-steps-taken-since-2611-Bombay-HC/articleshow/4257971.cms
13 Mar 2009, 0159 hrs IST, AGENCIES
MUMBAI: The Bombay high court on Thursday asked the Maharashtra government about the preventive steps taken in the aftermath of audacious November 26 Mumbai strikes. "Has the state-appointed committee (state security council) met even once?" division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud queried. The HC was dealing with PILs, filed by Indian Society of Law Firms and others regarding the attack. The court also asked whether any departmental action was initiated against those who were found to be negligent in their duties which failed to prevent the terrorist attacks. However, public prosecutor Satish Borulkar asked the court for some time, after which the court adjourned the hearing till Friday.
HC notice to Mayor on postponement of polls
http://allaboutbelgaum.com/news/hc-notice-to-mayor-on-postponement-of-polls/
Posted on 13 March 2009
The Dharwad-based High Court’s Circuit Bench on Thursday issued notice to the Belgaum Mayor, Belgaum City Corporation Commissioner and the Deputy Commissioner to appear in the court of Justice Mohan Shantanagoudar on Monday in connection with a writ petition challenging the decision of the Mayor to postpone the mayoral election.
Corporator Dhanraj Gauli had filed the petition challenging the decision of the Mayor and returning officer Prashanta Budavi to postpone the election of Mayor and Deputy Mayor scheduled to be held here on March 13.
Source: The Hindu
High Court dismisses Raju, others' plea against CBI custody
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Hyderabad, March 13 (PTI) The Andhra Pradesh High Court today dismissed the application moved by former Satyam Chairman B Ramalinga Raju and others against sending them to CBI custody."There was no error in order passed by the trial court and it is only natural that whenever there is change in investigating agency, custodial examination is a must and there is absolutely no irregularity," Justice K C Bhanu observed.Earlier, the XIV Additional Chief Metropolitan Magistrate -- the designated CBI court hearing the case pertaining to Rs 7,800-crore fraud in Satyam Computer -- had on March 9 granted custody of the accused to CBI from March 10 to 17, after taking over the case from the state CID last month.Following the order, the CBI sleuths on March 3 took custody of Ramalinga Raju and his brother and former Satyam MD Rama Raju, former CFO Vadlamani Srinivas, besides suspended partners of Price Waterhouse S Gopalakrishnan and Talluri Srinivas, from the Chanchalguda Jail where they were lodged and took them to Dilkusha guest house for further interrogation. PTI
High court snubs Delhi Lokayukta on purchase of low-floor buses
http://www.sindhtoday.net/south-asia/74072.htm
March 13, 2009 by: Sindh Today
New Delhi, March 13 (IANS) The Delhi High Court Friday set aside a Lokayukta order asking the government to submit the tender records for the purchase of 625 low-floor city buses.
Justice S. Ravindra Bhat, while setting aside the order, also asked the Lokayukta to thouroughly examine Bharatiya Janata Party legislator Vijay Jolly’s petition alleging corruption in purchase of the buses.
The petition alleged that the buses were bought at an inflated price of Rs.2.5 million per vehicle as compared to the purchases made by the Metropolitan Transport Corporation, Chennai.
The court also asked the Lokayukta to follow proper procedure while summoning government records.
The court last month reserved its final orders on the wrangle between the Delhi government and the Lokayukta, a recommendatory authority to probe corruption among public functionaries.
[SU]
Human rights violation maximum in UP, Delhi: Survey
http://timesofindia.indiatimes.com/Human-rights-violation-maximum-in-UP-Delhi-Survey/articleshow/4266607.cms
15 Mar 2009, 1013 hrs IST, PTI
NEW DELHI: Uttar Pradesh has topped the list of states with maximum number of complaints relating to human rights violation and New Delhi follows a close second, according to NHRC statistics. The statistics reveal that out of the total 94,559 cases of human rights violation last year, the National Human Rights Commission (NHRC) received 55,216 from Uttar Pradesh alone. This accounts for about 58.39 per cent of the total complaints received by the Commission from across the country, followed by Delhi from where a total of 5,616 such complaints were filed till December last year. Gujarat, which stands third in the list, accounts for a total of 3,813 complaints of human rights violation. The NHRC received a total of 3,672 such complaints from Bihar. Haryana too was close with 3,493 complaints, followed by Maharashtra (3,483), Rajasthan (2,640), Madhya Pradesh (2,246) and Punjab (1,082). However, the Commission did not receive a single complaint of human rights violation from Lakshadweep, while only seven such complaints were filed from Dadar and Nagar Haveli last year.
18-year-long battle for house still not over for late Vasant Karode
http://www.indianexpress.com/news/18yearlong-battle-for-house-still-not-over-for-late-vasant-karode/433487/
Anuradha Mascarenhas Posted: Mar 11, 2009 at 0205 hrs IST
Pune: It can be only termed a case of justice denied for Vasant Karode, whose fight to get possession of a twin bungalow of 1,000 sq ft that he purchased in Baner in 1991, went on for 18 long years. The District Consumer Dispute Redressal Forum where the case was being argued, first passed a judgment in favour of Karode in 1993. This was upheld at the state and national levels subsequently. Still Karode never got possession of his house.
Finally, a non-bailable arrest warrant was issued against city builder Uday Manerikar this Monday, but it came a little late for Karode, who passed away in November last. Now, it is left to Karode’s son Ashish Karode to continue the fight and hope that he can get justice so that his father's soul may rest in peace.
Ashish Karode who stays in Delhi was in Pune for the hearing and told The Indian Express that his father who had retired as an executive with an Oil company had put in his life savings to buy his dream house. “However, under one ruse or the other, the builder did not let him occupy the house,’’ rued Ashish.
Advocate N P Bhog who represented the case at the forum said that Vasant Karode had entered into a `composite agreement’ with the builder for purchasing a twin bungalow of 1000 sq ft that was to be built on an area of 1000 sq ft. But over the over the last 18 years the builder made additional constructions and occupied the whole bungalow space, said Bhog.
The sale agreement of Rs three lakh was made between Karode and the builder on May 4, 1991. However the latter failed to deliver possession of the bungalow to Karode and from there on the matters got into the purview of the Pune district consumer redressal forum. The forum, in 1993 allowed Karode’s complaint and directed the builder to give peaceful possession of the house to Karode. State Consumer Redressal Commission upheld the order on October 3, 2001, but after a lapse of eight long years. The National Commission too confirmed the order of the state commission, but quickly, in 2002. Subsequently the builder’s appeal against the orders was dismissed in the Supreme Court in 2006, after a four-year delay. The apex court had also directed the builder to hand over possession of the bungalow to Karode. But it took another couple of years before the builder eventually agreed to hand over possession of the premises - on February 2, 2009, an agreement he failed to adhere to. In an order on March 9 the Pune district consumer redressal forum called for the issue of a non-bailable warrant against Manerikar. The forum presided by P K Gaikwad in its order ruled that the non-bailable warrant should be executed against the builder by the Chatushrungi police station. Meanwhile, Karode’s son is still waiting for that his late father’s dream – to get possession of a house that he paid for - to come true.
'Aap ki kachehri' takes a break before 2nd series
http://www.indiantelevision.com/headlines/y2k9/mar/mar119.php
Indiantelevision.com Team
(12 March 2009 11:15 pm)
NEW DELHI: India’s first woman IPS officer Kiran Bedi today said that the programme Aap ki Kachehri on Star Plus where she had played the role of the judge was an exercise in social engineering and not just a programme to get TRPs.
She said that she had applied her knowledge of policing, law and working in non-governmental organizations in resolving the 60 odd-cases that she had dealt with in the first series.
According to Bedi, the programme should lead to a movement of social change where even Resident Welfare Associations can be turned into alternate dispute redressal forums for preventive and curative counseling.
CBI moves special Tada court against Salem
http://timesofindia.indiatimes.com/Mumbai/CBI-moves-special-Tada-court-against-Salem/articleshow/4265372.cms
15 Mar 2009, 0151 hrs IST, TNN
MUMBAI: The CBI has moved a special Tada court in the 1993 serial blasts case pending against gangster Abu Salem, seeking to re-examine the original 684 witnesses. Special Tada judge D U Mulla is scheduled to pass an order on the application on Monday. "We want to re-examine all the witnesses in the case,'' special public prosecutor Ujwal Nikam. The move was initiated by the CBI following a Supreme Court order on not permitting the confession of a co-accused in place of an absconding accused.
HC slams ex-CM for 'shielding' moneylender
http://timesofindia.indiatimes.com/Mumbai/HC-slams-ex-CM-for-shielding-moneylender/articleshow/4265374.cms
15 Mar 2009, 0155 hrs IST, Kartikeya, TNN
MUMBAI: The Bombay high court has taken strong exception to former chief minister Vilasrao Deshmukh's office asking the Buldhana district administration in Vidarbha to go easy on Gokulchanda Sananda, a moneylender and father of Congress MLA Dilipkumar Sananda, in 2006. The court has labelled the action "gross abuse of power''. In May 2006, the money-lending prevention committee headed by Buldhana collector Ganesh Thakur registered an FIR against Gokulchanda alias "Dalwale Sheth" after receiving a complaint from a debt-ridden farmer, Rajendra Kavadkar. He charged Gokulchanda with robbery and kidnapping. The police also filed chargesheets in seven other criminal cases against the Sananda family. The influential Sanandas have been involved in the moneylending business for years. While Dilipkumar is an MLA, his brother Ashok was leader of Congress in the Khamgaon Nagar Parishad. According to petitioner Sarangdharsingh Chavan, within hours of Kavadkar's complaint, the chief minister's office intervened and his personal secretary Ajinkya Padwal contacted the police station asking it not to proceed against Gokulchanda. The fact that a call was made was noted down by the inspector in the station diary. In June 2006, Thakur issued a letter under orders from Deshmukh asking the police not to take cognisance of further complaints against Dilipkumar's family without sending them for opinion to a district-level committee. The reason given was that "false and frivolous complaints were being made against the family of an MLA''. Justice A H Joshi and A B Chaudhari said a committee could not be used to "dilute the powers of police'' to act against moneylenders and observed that had Chavan not filed the petition before the HC, no investigation would have been carried out against Gokulchanda at all. Padwal tried saying that he had not contacted the Buldhana police asking them to go slow. But after going through the evidence, the judges held that someone did call up the police station and that too at the behest of Gokulchanda. The court struck down instructions given by Deshmukh to refer the complaints to a panel. It also noted that whenever any farmer in Buldhana said he had withdrawn a complaint against Gokulchanda under duress, his grievance should be considered by the administration. The court imposed a token cost of Rs 25,000 on the state.
HC: States can recruit guides
http://timesofindia.indiatimes.com/Delhi/HC-States-can-recruit-guides/articleshow/4265079.cms
15 Mar 2009, 0630 hrs IST, Abhinav Garg, TNN
NEW DELHI: In a key judgment paving the way for increased availability of qualified tourist guides in northern India, including Delhi, the Allahabad High Court has held that a state government can also recruit guides who can practice in monuments protected by the Archaeological Survey of India. Though the Allahabad HC verdict pertains to Uttar Pradesh, it spells greater leverage to state governments like that of Delhi, to augment its number of qualified guides as it settles the law in this regard. The capital is in dire need of more guides in the run up to the Commonwealth Games next year but due to confusion over this legal issue, hasn't begun recruiting state guides yet. The verdict by a division bench of the court came in response to a batch of petitions filed by various regional tourist guide associations challenging the decision of UP government to advertise applications for state level guides. The petitions sought quashing of the advertisement by citing a 2003 guideline of the union government. They argued that only regional guides given license directly by the tourism department can guide tourists at ancient monuments falling under ASI, in a specific state and on that ground claimed no state guide could be given the same privilege. However, HC interpreted the guidelines differently to conclude any such restriction on state guides will violate their fundamental right to carry on their profession, "State guides are chosen to guide tourists in an entire state including protected monuments. Scheme doesn't contain any rule they have to be excluded.'' This was also an issue raised by Agra Tourist Guides Association who were impleaded as a party in the case through their counsel Anjana Gosain. HC added that "When state level guides are selected almost by similar process..by prescribed selection committee of an officer of Central government and ASI, excluding them from taking tourists to protected monuments may affect their rights under Article 19 (1)(g).''
Cops' RTI reply on missing kids costs Rs 78,927
http://timesofindia.indiatimes.com/Delhi/Cops-RTI-reply-on-missing-kids-costs-Rs-78927/articleshow/4265098.cms
14 Mar 2009, 2307 hrs IST, TNN
NEW DELHI: How much could asking for information on missing children under the RTI Act possibly cost? Well, if the questions are addressed to Delhi Police, it could be as high as Rs 78,927. That's exactly how the office of DCP (southeast) responded to an application filed by the NGO, Bachpan Bachao Andolan (BBA), seeking details of Delhi's missing children (2006-08). In a reply to the BBA application, the DCP's office said, "We have to suspend our regular work in order to furnish the requisite information sought by you for which considerable manpower will be utilised/diverted to discern this information. Hence, as per provisions of Sec 7(3)(a) of RTI Act, 2005, the requisite details/information can be provided on payment.'' The letter then provides the project's financial details. For instance, one head constable each from 15 police stations in the district would work for three days at the rate of Rs 840 per day costing Rs 37,800. Similarly, one constable each from the 15 police stations working for the same would cost another Rs 36,945. Similar charges for the sub-inspector associated with the work for three days adds another Rs 4,182 to the cost. Section 7(3)(a) of RTI Act, 2005, says the public information officer shall send intimation to the person making the request giving "the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed...''. The police seems to believe it is playing by the rules. However, activists are wondering whether the letter is just a way of making it difficult to obtain information. "The question of public authorities charging citizens the cost of manpower employed for collection of information does not arise. Compliance with the Act's provision is like any legal duty performed by a public servant,'' says RTI activist Commodore Lokesh Batra. Interestingly, Rakesh Sengar of BBA, points out that other police districts such as northeast and west have offered information on the same without asking for any legwork money as done by the southeast police. The NGO has appealed to the Central Information Commission, says Sengar. It is not an open and shut case though. Wajahat Habibullah, Chief Information Commissioner, says there are similar cases pending before the commission. "This is a live issue before us. We have not passed any judgment in this regard,'' he says. Those in favour of right to information would be hoping a favourable decision comes sooner than later.
Delhi govt plans Tourist Safety Act
http://timesofindia.indiatimes.com/Delhi/Delhi-govt-plans-Tourist-Safety-Act/articleshow/4266490.cms
15 Mar 2009, 0927 hrs IST, PTI
NEW DELHI: In a bid to protect tourists from being fleeced and harassed, Delhi government is mulling a proposal to legally empower them by enacting a Tourist Safety Act in the national capital. "The draft of the proposed Delhi Tourists Safety Act is being fine-tuned to ensure that all aspects related to tourists' safety in the city are covered by it," a senior official in the state tourism department said. He said the proposal is at a very nascent stage and is being envisaged to ensure safety of domestic and foreign tourists, visiting the national capital. "Such a law is necessary as Delhi is ranked one of the favourite tourist destinations in the world. Moreover, it is relevant in view of the Commonwealth Games next year when around 10,000 foreigners besides 10,000 sportsmen and women are expected to throng the city," he said. Among several proposals being considered in the draft is the registration of tour operators to prevent fleecing and misbehaviour with the tourists. Fine and punishment against those found guilty is also under consideration.
Judges selection lopsided
http://timesofindia.indiatimes.com/Hyderabad/Judges-selection-lopsided/articleshow/4265360.cms
15 Mar 2009, 0416 hrs IST, TNN
HYDERABAD: Former Supreme Court judge justice K Ramaswamy on Saturday found fault with the way in which judges are being appointed to various high courts and the apex court. Addressing the legal fraternity at a seminar organised by the Osmania Graduates Association, he came down heavily on the `oligarchical methods' being followed by the collegiums of the higher courts. "These collegiums are not functioning well. Though talented advocates and legal brains are emerging from the depressed strata of society, these elitist collegiums are not taking the aspirations of these social groups into consideration," he said. While all other democratic institutions are acquiring representative and pluralistic character, the judiciary is still lagging behind and is refusing to accommodate the best talent coming from the new social groups, he said. This is despite several recommendations from the parliamentary committee on judicial reforms to include them, justice Ramaswamy said. "I was also invited for one of the meetings of this committee in which one of the members of this committee made a startling statement that as many as 14 persons from a single family were appointed as judges of a particular high court in the country', he said. In a participatory democracy, qualified and eligible advocates from every social segment are entitled to be considered for appointment to the higher judiciary, he said.
HC panel to look at ways to power exam centres
http://timesofindia.indiatimes.com/Mumbai/HC-panel-to-look-at-ways-to-power-exam-centres/articleshow/4262335.cms
14 Mar 2009, 0220 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay high court on Friday set up a committee to suggest measures for ensuring uninterrupted power supply at examination centres. The committee will comprise state education secretary, managing director of the Maharashtra State Electricity Distribution Company Ltd (MSEDCL) and a representative of the examination board. The state, in an affidavit, stated that 1,255 centres are hit by power cuts. Of these, 463 centres are provided with generator, the state claimed. According to the state's affidavit, around 2,608 centres were not affected by load shedding at all. There are another 1,389 exam centres which do not use any electrical appliance, the SSC board lawyer informed the court. The court was hearing a PIL claiming Std X and XII students had to write their papers in dark due to power-cuts.
CID to probe tree felling at Botanic
http://timesofindia.indiatimes.com/Cities/CID-to-probe-tree-felling-at-Botanic/articleshow/4262520.cms
14 Mar 2009, 0105 hrs IST, TNN
KOLKATA: Calcutta High Court on Friday directed CID to probe the alleged tree felling at the Indian Botanic Garden (IBG) last year. The green Bench
of Chief Justice S S Nijjar and Justice Biswanath Somadder ruled that the inquiry should be completed in three months and monthly reports on its progress placed in court. On November 24, days after the alleged incident, the court had constituted a high-powered committee to look into it on the basis of a PIL, filed by environmentalist Subhas Datta, on mismanagement and poor maintenance of the garden. Claiming that the Botanic authorities had chopped several full-grown trees illegally, he sought a CBI probe into it. The committee, comprising police commissioner Gautam Mohan Chakrabarti, advocate Anindya Mitra and principal chief conservator of forests Atanu Raha, in its preliminary report stated that 38 full-grown trees had been chopped and that the garden employees had taken part in an auction of the wood. It had been auctioned off for Rs 32,000. The IBG authorities had violated West Bengal (Protection and Conservation in Non-Forest Areas) Act, 2006, the committee pointed out. Then, the court asked advocate-general Balai Ray to declare the government's stand on a CBI probe. On Friday, he said the state had no objection as trees had been felled illegally and the authorities were not above board. IBG lawyer R N Das objected to that, saying the authorities had filed an FIR and the case was being investigated by both police and the state forest department. The court then recorded that neither police nor the forest department had taken steps yet. Ray suggested that CID could also probe the matter because a CBI deputy director, known for his competence, had recently joined the CID.
Residents up in arms over destruction of mangroves
http://timesofindia.indiatimes.com/Cities/Residents-up-in-arms-over-destruction-of-mangroves/articleshow/4262393.cms
14 Mar 2009, 0259 hrs IST, S Balakrishnan, TNN
MUMBAI: Several acres of mangroves behind Bangur Nagar in Goregaon (West) have been encroached upon by the land mafia. When TOI visited the area on Monday, it found that a large automobile repair garage, a marble cutting unit, a temple and a church have been built by destroying valuable mangroves that act as a buffer between the sea and the huge housing colony. Just last week, the land mafia dumped huge boulders at night and covered a large water body. A resident and convenor of the Deshbhakti Andolan, Dr Avisha, said that for the last several months, her organisation has been complaining to the P/south assistant municipal commissioner B P Kolekar about the large-scale destruction of mangroves. Information under the Right to Information Act revealed that the church authorities have been issued a notice under Section 351 of the BMC Act calling them to produce proof of the legality of the structure. But no documents have been presented. A member of the managing committee said efforts were on to "regularise'' the massive structure, but BMC sources argued that there was no law to regularise illegal structures on mangroves and those that fall in the Coastal Regulation Zone (CRZ). A nearby structure that was built for a reading room and dispensary is being used as a marriage hall. A temple has also come up in brazen violation of the laws, while a local politico has fenced a large patch of encroached land to build a school. A 15ft-wide road has been built by cutting the mangroves to facilitate the movement of cars and autorickshaws to the unauthorised repair garage. The police had put up poles to block access to this road, but these have been removed. "Debris is brought at night and dumped on the mangroves. We have complained to the police, but in vain,'' said Avisha. In response to a PIL filed by Debi Goenka of the Bombay Environmental Action Group, the HC had placed the responsibility of preventing the destruction of mangroves on the deputy police commissioner of the area concerned. When TOI asked the local DCP Makarand Ranade about this, he said he would direct the Bangur Nagar police to "look into the matter''. The Andolan has sent a legal notice to Ranade threatening to initiate contempt proceedings against him. Local deputy municipal commissioner, Kiran Achrekar, who was arrested in the Sara Sahara illegal construction case, did not respond to queries from TOI. Illegal structures - Encroachments include a large automobile repair garage, a marble cutting unit, a temple and a church. - These structures have destroyed the valuable mangroves that act as a buffer between the sea.
Haryana to seek amnesty for Aravali structures
http://timesofindia.indiatimes.com/India/Haryana-to-seek-amnesty-for-Aravali-structures/articleshow/4262531.cms
14 Mar 2009, 0121 hrs IST, Manveer Saini, TNN
CHANDIGARH: Under fire for allowing construction in notified forest land, Haryana government will now approach the Supreme Court for amnesty for constructions in authorised colonies in prohibited areas of the Aravalis in Faridabad. This would include Kant Enclave and Lakewood View where the CEC has recommended demolition. The state government has, however, decided to undertake to abide by all the other recommendations made by the Central Empowered Committee (CEC) for revival of ravaged hills. Some of these recommendations deal with construction in prohibited areas and some of them deal with mining in the Aravalis. A meeting was convened by chief minister Bhupinder Singh Hooda on Friday to fine-tune the government's response to recommendations of CEC, a Supreme Court appointed watchdog for the Aravalis. Haryana chief secretary Dharamvir is likely to file a joint affidavit on behalf of various departments and wings of government who are parties in a public interest litigation (PIL) pending in the apex court. While the chief secretary and CM's principal secretary M L Tayal expressed their inability to give the details, sources said Hooda has approved in principle the decision to file a common affidavit. "In fact, 80% of recommendations are related to mining, and the remaining 18% to HUDA (Haryana Urban Development Authority) and town and country planning department. Except for the demolition of existing structures in authorized colonies, all were in agreement on recommendations," reliable sources informed. If this is, indeed, true, mining in Sirohi and Khori Jamalpur should stop for good now because the CEC has recommended that all existing mining leases should be permanently revoked (the only legal leases until February 5 were for these two mines). In addition, the CEC has laid down detailed guidelines for fresh auction and highly controlled mining in 600 acres in Faridabad district. Among others who attended the Friday meeting were D S Dhesi, financial commissioner principal secretary (FCPS), town and country planning department, P K Gupta, FCPS, forests and environment, Y S Malik, FCPS Mining, T C Gupta, Huda chief administrator, S S Dhillon, director, special secretary, town and country planning, and R K Khullar, municipal commissioner, Faridabad. If past meetings are anything to go by, the amnesty appeal may not go down too well. The state government had pleaded with the CEC during a recent meeting that the committee recommend regularisation of these colonies on the ground that they had been granted licence long before Punjab Land Preservation Act (PLPA) came into force. According to the minutes: ``The CEC was unable to agree with the above contention of the state of Haryana. The CEC also did not agree with the view of the state of Haryana that at least the buildings already constructed after obtaining permission/approvals from the concerned authorities of the state should be considered for regularisation. It was stated by CEC that such large-scale illegal use of forest land for private use or profit would not be in public interest and should not be condoned.'' Huda has already given affoerstation land and money for the Aravali Rehabilitation Fund that the CEC had recommended as a one-time quid pro quo for regularising its own projects.
'Banks should declare properties under mortgage'
http://www.dnaindia.com/report.asp?newsid=1238511
Mayura Janwalkar
Thursday, March 12, 2009 22:23 IST
Mumbai: A PIL filed before the Bombay High Court has sought a court direction to the Reserve Bank of India (RBI) to ask all the banks in the country to publish a list of all properties mortgaged with them so that buyers of the properties are not cheated.
The PIL, filed by Borivili resident Rajendra Thacker, states that in many cases buyers purchase a flat in housing schemes, not knowing that the land or the building is mortgaged to a bank, and the title is not with the builder.
Thacker, in his petition, stated that he had experienced this when an advertisement for Evershine Global City and Rustomjee Estate in Virar got him interested. However, later he saw a public notice in a newspaper on January 5, 2009, issued by Housing Development and Infrastructure Ltd (HDIL) stating that Evershine had mortgaged a part of the land to Syndicate Bank, through HDIL, for a loan of Rs90 crore in 2005, and hence HDIL and the Syndicate Bank had a claim over the land.
Thacker's advocate Sumedha Rao told the court that the brochure of the scheme did not mention that the land was mortgaged with the Syndicate Bank and it was also distributed at a real estate expo on March 4.The RBI lawyer said that when a mortgage deed is signed, it is a deemed notice to the general public.
Chief Justice Kumar and Justice DY Chandrachud have asked the RBI and the builders to file their reply to the PIL in four weeks. The PIL has also urged the court to direct banks to erect boards on properties that are mortgaged with them.
B-town votes for the right change
http://timesofindia.indiatimes.com/Bollywood/B-town-votes-for-the-right-change/articleshow/4255069.cms
13 Mar 2009, 0000 hrs IST, PAYAL PRUTHI, TNN
Vote for change is the war cry among Bollywood stars determined to see a change in the country’s current political scenario. And they’re going the extra mile to send their message out to the youth. Take actor Kunal Kapoor, who gets into Rang De Basanti mode when he says, “We should not vote to show how angry we are with the system, but for the change that we wish to see by selecting the best candidate.” Advocating the right to vote, Kunal says, “Politics has been perceived as something dirty. But there has been a sea change and we see many educated and young people being part of it.” He urges the country’s youth to come forward and make the right choice. “By not voting, we are denying ourselves the chance to make things better for us and the whole nation,” he says. The young actor plans to file a PIL seeking government accountability post 26/11 and is already part of a community in Mumbai working for the same cause. Kunal is also reaching out to schools and colleges with a speech on the importance of voting. Rock On!! star Farhan Akhtar is also using his youth icon status to mobilise young voters. “This is the one opportunity we get in five years to make a difference and to question the set-up. The voice of the youth will certainly matter as a large percentage of voters is young,” he says. Farhan has also been talking on various websites about how the youth can trigger change. The celebrity face behind the Jaago Re initiative, Rakeysh Omprakash Mehra, is a regular voter and also spreading the word. “There is a growing awareness among the youth to be part of the political process. We have been abstaining from our responsibilities and have paid the price for it,” says Rakeysh, adding, “We do need experience and wisdom, but a new, young crop in the Parliament brings with it renewed energy and new ideas.” On the jury of Natak Kar, Desh Badal, actor Rahul Bose says he’ll be fully committed to the voting campaign this year. “It’s nonsense when you say you can’t or kiske liye. Engage in the process, select your own candidate if you don’t like those already there, but you must vote,” asserts Rahul. Meanwhile, John Abraham also held an interactive session with youngsters encouraging them to vote; others like Mugdha Godse and Shamita Shetty are sticking to their resolutions of voicing their opinions and voting to be responsible citizens.
'Age is no bar to study law'
http://www.dnaindia.com/report.asp?newsid=1238607
Mayura Janwalkar
Friday, March 13, 2009 2:42 IST
Mumbai: The Bar Council of India (BCI) in September 2008 introduced an age limit for admissions to law courses. However, Yasmin Tavaria, 52, a practising advocate of Bombay High Court who feels one can never be too old to be a lawyer, has filed a PIL challenging BCI's decision.
Tavaria in her PIL has urged the court to direct the BCI to withdraw Rule 28 from the Bar Council of India Rules, which lays down the age bar for entry to law courses. As per the new rule adopted by the bar council, no candidate above the age of 20 would be admitted to the five-year LLB course, which students opt for after class XII. And nobody above 30 years of age can join the PG LLB course.
Tavaria, who enrolled for the three-year LLB course at the age of 42, feels "commitment to the profession and age can never be inversely related to each other and that the age of a person has no bearing on the degree of commitment with which he or she would pursue a profession."
Tavaria completed her post-graduation from the Jamnalal Bajaj Institute of Management studies in 1981 and served in a public sector company till 1997. After she gave up her job owing to personal constraints, she enrolled for a law course in 1999 and started practising as a lawyer in 2003.
Tavaria says in her PIL that by introducing age bars the BCI "is depriving deservingpersons from pursuing further education at a later stage in life which perhaps they could not do earlier due to financial or other constraints and which now they could pursue due to changed circumstances."
Tavaria said her PIL would be heard in court on March 26.
Zardari to review SC ban on Sharif brothers
http://timesofindia.indiatimes.com/Zardari-to-review-SC-ban-on-Sharif-brothers/articleshow/4264954.cms
15 Mar 2009, 0027 hrs IST, Omer Farooq Khan
I SLAMABAD: In a clear sign that President Asif Ali Zardari has been cornered by rising waves of protests across the country, the Pakistani government on Saturday announced to go in for a review of a court decision that banned former prime minister Nawaz Sharif and his brother, ex-chief minister of Punjab, Shahbaz Sharif, from contesting elections and holding office. The government’s decision, announced by prime minister Yusuf Raza Gilani on Saturday, came amid the crisis caused by the resignation of Pakistani information minister Sherry Rehman, who quit her post on Saturday morning in protest against Zardari’s decision to ban Geo TV, a popular channel which has been extensively covering the anti-government protests. According to sources, Zardari, who is rarely seen in public, might have decided to accept PML-N chief Nawaz Sharif’s demands after the US gave him an ultimatum to defuse the crisis within 24 hours. On Saturday, US secretary of state Hillary Clinton made a telephone call to Nawaz Sharif, who has been leading a ‘long march’ that is expected to culminate into a huge rally in the capital on Monday. Zardari has been under siege for some time with almost everyone — prime minister Gilani, army chief Gen Ashfaq Kayani, the Sharif brothers and the lawyers community — turning hostile to the PPP leader, who became president a few months after the assassination of his wife Benazir Bhutto last year. The on-going crisis deepened on Friday night during a high-level meeting co-chaired by Zardari and Gilani as differences emerged on how the government should handle the media’s coverage of the long march launched by the lawyers’ movement and PML-N to pressure the PPP to reinstate judges sacked during the 2007 emergency imposed by Gen Pervez Musharraf. Earlier on Friday, Zardari had tried to defuse the crisis by offering talks to Opposition leaders and lawyers, but the former prime minister refused to budge, urging the restoration of deposed chief justice Iftikhar Mohammed Chaudhry as a precondition for the talks.
IPS officer moves HC, drags in city police chief
http://timesofindia.indiatimes.com/Hyderabad/IPS-officer-moves-HC-drags-in-city-police-chief/articleshow/4266156.cms
15 Mar 2009, 0522 hrs IST, TNN
HYDERABAD: In a fresh twist to the ongoing unrest in the ranks of copdom, IPS officer Sundar Kumar Das has moved the Andhra Pradesh High Court seeking a direction to the city police to register an FIR against additional director general of police K Aravinda Rao under the SC/ST Atrocities Act. Hyderabad police commissioner B Prasada Rao has been named as the respondent in the case. A similar case filed by Srikakulam SP Ch Srikant against another high-profile IPS officer Soumya Mishra is before the same court. In his complaint lodged with the Saifabad police in January, Das accused Aravinda Rao of blocking his posting as a district superintendent of police. Das, a promotee from the ranks of the AP Police Service and an M Phil from Jawaharlal University, has contented that he is being discriminated against because of his caste. But no FIR has been filed in the case as the Hyderabad police feel that Aravinda Rao has nothing to do with the posting of Das who is presently working as chief security officer of AP Genco. Das made representations to the deputy commissioner of police (central) of Hyderabad and the city police commissioner urging them to register an FIR against the senior officer, but finding no positive response, has now moved the high court. “SPs seeking legal action against their superiors is unprecedented in the history of the AP police. It reflects a total lack of leadership to amicably resolve disputes,” a senior police officer told STOI.
J-K HC asks Army to compensate for dead porters
http://www.indianexpress.com/news/jk-hc-asks-army-to-compensate-for-dead-porte.../434483/
Majid Jahangir Posted: Mar 14, 2009 at 1152 hrs IST
Srinagar: Taking a strong note of failing to provide compensation to five porters who were killed in an avalanche in north Kashmir’s Uri sector eight years back, the High Court has directed the Army authorities in Kashmir to immediately pay compensation to the next kin of porters.
In December 2001, five porters identified as Abdul Rehman Lone, Muhammad Shafi Lone, Imtiyaz Ahmad Khan, Abdul Gani Lone and Abdul Sattar – all resident of Lachipora Uri- were killed in an snow avalanche while carrying ration for the Army post on Line of Control (LoC).Soon after the tragedy the Army refused to pay compensation to the families saying the five were killed in a natural calamity.
After the denial by Army for compensation, the relatives of the five slain porters in early 2002 approached the court of Assistant Labour Commissioner Baramulla for seeking justice. The Assistant Labour Commissioner, after hearing the plea, directed the Army authorities in July 2003, to give Rs 21 lakh compensation to the families whose kin have died in the avalanche while performing the duty for Army. The Army later filed an appeal in the High Court and challenged the Assistant Labour Commissioner’s direction.
Army later pleaded before the High Court that even as the porters were working with Army, but they were killed in a natural calamity so there was no reason why the Army authorities should pay compensation to the families of the five porters. The Army also pleaded that they were in no way responsible for the death of five men. “They (porters) did not die because of the negligence of the Army men,” the Army pleaded before the High Court.
After hearing the plea from both the side, High Court Judge Mohammad Yaqoob Mir upheld the decision of the Assistant Labour Commissioner Baramulla and directed the of Army to immediately release the compensation money to the families of the porters. “It will be injustice if the compensation is not paid the five porters who died while working for Army,” Justice Mir observed in his judgement.
'84 case: HC relief for Cong leader
http://timesofindia.indiatimes.com/Delhi/84-case-HC-relief-for-Cong-leader/articleshow/4261959.cms
14 Mar 2009, 0445 hrs IST, TNN
NEW DELHI: Echoing the state's logic that any criminal proceedings against a former Congress councillor will only lead to "agitating the matter and re-opening wounds and scars of the past which have healed'', the Delhi High Court has upheld the discharge of Harcharan Singh Josh in an anti-Sikh riots case of 1984. "..Now a dust has started settling on the riots of 1984. Keeping in mind the lapse of time of about 24 years, the trial court was fully convinced that it was in the interest of public at large not to raise the storm again as it was important to create harmony between two sections of society,'' Justice Aruna Suresh noted in her order on Friday. She dismissed the petition filed by one Jamuna Devi, a widow whose son Chander Bhan was shot in the rioting that followed the assassination of former Prime Minister Indira Gandhi. Devi had moved HC challenging the prosecution's move to close the case against Josh, which had led to his discharge. Josh is a member of the National Minority Commission. Justice Suresh upheld the findings of the lower court and saw no fault in the grounds cited by the state in pressing for withdrawal of criminal proceedings against Josh. "Trial court rightly observed that permission sought by prosecutor didn't seem malafide and was to serve public interest by not agitating the matter and re-open wounds which have healed with lapse of time,'' HC concluded. The court made it clear it was not going into any documentary evidence and saw no malafide intention in the prosecution's claim that "public interest'' demands the 24-year-old case be given a burial. In her arguments, Devi wondered how the state could cite such grounds when other 84 riot cases were regularly being adjudicated upon by the same HC and witnesses in her case were alive. According to the FIR lodged by Devi, her son was shot by Josh on November 1, 1984 during the anti-Sikh riots in Delhi. She also claimed there were eyewitnesses to the incident. After prolonged investigations the Delhi Police filed a closure report before the magistrate in 1989, with the prosecutor informing the court there was no evidence against Josh, leading the MM to accept the closure request in 1998. The same year Devi moved HC against the MM order and the latter was set aside prompting the state to approach SC to insist the case be closed. This too was dismissed but the prosecution remained adamant there was no evidence and refused to revive criminal proceedings.
HC deals double blow to striking TN lawyers
http://timesofindia.indiatimes.com/India/HC-deals-double-blow-to-striking-TN-lawyers/articleshow/4261979.cms
14 Mar 2009, 0339 hrs IST, A Subramani, TNN
CHENNAI: Dealing a double blow to striking advocates of Tamil Nadu, Madras high court on Friday said all courts would start passing orders from Monday even if advocates stayed away and declined to order suspension of top police officers for the February 19 violence in the high court complex. The unprecedented decision to dispose of listed cases on merits may lead to the dismissal of a large number of cases for non-appearance of counsel. The decision was taken after Chief Justice Hemant Laxman Gokhale's efforts to convince the bar leaders to resume court work failed. The lawyers have been boycotting courts demanding action against top police officers for the use of violence against them in the court premises. In the evening, registrar-general R Mala despatched a circular to all courts and tribunals in the state, asking them to inform advocates that cases would be heard and disposed of on merits even if advocates, who are on indefinite strike since February 20, fail to show up for the hearing. As for criminal matters, the court would either engage the services of an amicus curiae or panel advocates of the Legal Services Authority, or contact the petitioners and ask them to make alternative arrangements to represent them in courts. Earlier, the first bench comprising chief justice Gokhale and justice F M Ibrahim Kalifulla rejected the persistent pleas of advocates to order the immediate suspension of top police officials involved in the February 19 violence on the high court campus. "In our view, this is not a fit case where any ex parte order to suspend any police officer could be passed,'' the judges ruled. The bench asked the government to deposit in court the log record, the general diary and the telephone details relating to the violence. The bench adjourned the matter to March 26.
State's 26/11 panel a joke: HC
http://timesofindia.indiatimes.com/Mumbai/States-2611-panel-a-joke-HC/articleshow/4262324.cms
13 Mar 2009, 2335 hrs IST, Shibu Thomas , TNN
MUMBAI: The Maharashtra government's 66-member jumbo committee set up after the 26/11 attacks invited the Bombay High court's censure. "It is a joke,'' said the division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud said of the State Security Council. "It would be unmanageable,'' they said, asking the government to trim it down. Public prosecutor Satish Borulkar listed out a series of proposals by the state--creating a special commando contingent Force One on the lines of the National Security Guards, new weapons, 20 additional bomb detection squads and high-speed boats to maintain vigil at the coastline. The judges said these proposals should have been in place three months after the attacks. "By this time, the first batch of trained commandos should have been ready. The decisions should not remain only in government files,'' said the judges. "You cannot take human lives for granted.'' The court asked the state to ensure that its security plan does not remain Mumbai-centric. "Police in the upcoming industrial belts in Pune, Nagpur, Nashik and other places will also have to be equipped to fight terrorists. Another incident (like 26/11) could destroy the industrial progress that the state has made in the last 50 years,'' said Chandrachud. Borulkar told the court that the two-member committee of former chief secretary R D Pradhan and former IPS officer V Balchandran, which was set up to identify security lapses and negligent officers, was yet to submit its report. The court also sought an explanation from the government for the delay in calling on NSG during the 26/11 carnage. The case will be heard next after two weeks and the state has been directed to place on record a status report on the measures taken to improve security.
Madras HC cracks whip on lawyers
http://timesofindia.indiatimes.com/Cities/Madras-HC-cracks-whip-on-lawyers/articleshow/4262700.cms
14 Mar 2009, 0318 hrs IST, A Subramani, TNN
CHENNAI: In an attempt to break the legal logjam in Tamil Nadu, the Madras high court on Friday said all courts and tribunals would start passing orders, even if advocates stayed away from the proceedings, from Monday onwards. The unprecedented decision to dispose of listed cases in the absence of lawyers may lead to the dismissal of a large number of cases for non-appearance by counsel. The decision was taken after chief justice Hemant Laxman Gokhale's efforts to convince Bar leaders to resume court work, which has been stalled since the violence on February 19, failed on Friday afternoon. The lawyers have been boycotting courts demanding action against top police officers in connection with the violence against them on the court premises. Dealing a double blow to the striking advocates, the HC also declined to order immediate suspension of top police officials in connection with the February 19 violence while hearing cases filed by bar associations demanding action against the police brass. In the evening, registrar-general R Mala despatched a circular to all courts and tribunals in the state, asking them to inform advocates that cases would now be heard and disposed of on merit even if the advocates, who are on indefinite strike since February 20, fail to show up for the hearing. In case of criminal matters, the court has decided that in the absence of lawyers, it would either engage the services of an amicus curiae or panel advocates of the Legal Services Authority, or contact petitioners and ask them to make alternative arrangements to represent themselves in courts. Taking a strong stand, the first bench, comprising Chief Justice Gokhale and Justice FM Ibrahim Kalifulla, rejected the persistent pleas of advocates to order immediate suspension of top police officials involved in the violence on the HC campus. This has been the main condition placed by the lawyers for returning to work. "In our view, this is not a fit case where any ex-parte order to suspend any police officer could be passed," the judges ruled. The bench asked the government to deposit in court the log record, the general diary and the telephone details relating to the violence. The state government has already deposited Rs 25 lakh towards compensation for injuries and damage to vehicles, and the 250 claims received so far would be duly scrutinised by a committee, it said. The bench then adjourned the matter to March 26. On hearing of the long adjournment, the huge gathering of advocates heckled the judges and raised slogans against them and the government pleader J Raja Kalifulla. Advocates, disappointed with their failure to win an interim order against police officials, were engaged in heated debates in the court campus over the notification on disposal of cases issued by the registry. Describing it as a hasty decision, the Tamil Nadu Advocates Association president S Prabakaran said it would not help restore a conducive work atmosphere in courts. R C Paul Kanagaraj, leader of the influential Madras High Court Advocates Association (MHAA), said: "It is a fresh challenge in our continuing struggle. But, unless our demands are met, we will not return to courts." NGR Prasad of the All India Lawyers' Union (AILU) said the decision would unnecessarily aggravate the situation. K Balu, president of the Advocates Forum for Social Justice, said: "The real struggle has begun only now. We know how to face it." G Mohanakrishnan, MHAA secretary, who was injured in lathicharge on February 19, said: "Now it is a do-or-die situation. The decision to conduct court proceedings in the absence of advocates would fuel the controversy further." K Santhakumari, president of the Women Lawyers Association (WLA) said, "Our hopes have been dashed. We are saddened because even the judiciary has not rushed to our rescue when we needed it the most." A senior judge, however, said, "passing orders on merits does not mean dismissal of cases. We will pass orders on the basis of available records, and assistance from law officers. In criminal cases, we will engage panel advocates from the Legal Services Authority."
HC notice to govt, Jagan on Sakshi ads
http://timesofindia.indiatimes.com/Cities/HC-notice-to-govt-Jagan-on-Sakshi-ads/articleshow/4262436.cms
14 Mar 2009, 0147 hrs IST, TNN
HYDERABAD: Justice L Narasimha Reddy of the A P High Court on Friday issued notices to the state government, the special commissioner of information and public relations (I&PR) department and to Y S Jaganmohan Reddy, son of chief minister Y S Rajasekhara Reddy and director of Jagathi publications that brings out Sakshi Telugu daily and directed them to file their affidavits explaining the procedure being followed in respect of releasing of government advertisements
. The judge was responding to a petition filed by Ushodaya Enterprises, the publisher of Eenadu Telugu newspaper, which charged the state government with showing undue favour to Sakshi and accused the authorities of discrimination against Eenadu. When the counsel for Eenadu told the court that the authorities have been acting with undue haste in respect of both empanelling Sakshi paper in the official list of newspapers with the I&PR department and also in releasing advertisements to it despite the fact that it could not show any authentic figures of actual circulation, the judge enquired about the parameters and procedures being followed by the authorities in this regard. While advocate general C V Mohan Reddy saw a political motive behind this petition, the counsel for Jagathi Publications S R Ashok too doubted the veracity of the timing of the petition in view of the elections. The AG told the court that the state has a clear policy in this regard which the authorities have been following and he would narrate those details in his counter. The judge posted the matter to April 15.
Land mortgaged with banks: HC seeks RBI reply
http://timesofindia.indiatimes.com/Mumbai/Land-mortgaged-with-banks-HC-seeks-RBI-reply/articleshow/4257692.cms
13 Mar 2009, 0146 hrs IST, Shibu Thomas, TNN
MUMBAI: "Why don't nationalised banks make it mandatory for builders to declare if a land being developed by them is mortgaged with a financial institution,'' asked a division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud. The Bombay high court, which was hearing a public interest litigation filed by Borivli resident Rajendra Thaker, has now asked the Reserve Bank of India (RBI) to reply within two weeks. Pointing to an upcoming residential-cum-commercial project-Rustomjee Estates being developed by Enigma builders-at Evershine Global City in Virar, the petitioner has claimed that the land is involved in a legal dispute between Housing Development and Infrastructure limited (HDIL) and Evershine. The public interest litigation further claims that the land is mortgaged with Syndicate Bank. "The brochure doesn't mention that the land is mortgaged and buyers may purchase flats without being aware of the dispute,'' said Sumedha Rao, counsel for the petitioner. "The buyer will be left in the lurch as no conveyance deed can be executed till the dispute goes through the entire legal process, which may take years,'' Rao added. The petitioner has urged the court to direct all banks to put up notice boards at construction sites giving details of the mortgage.
Satyam Raju's plea against custody quashes by AP High Court
http://crimecriminal.blogspot.com/2009/03/hc-quashes-raju-plea-against-custody.html
By S A IshaquiHyderabad, March 13: The Andhra Pradesh High Court on Friday quashed the petitions filed by the former Satyam CEO, Mr B. Ramalinga Raju, and his associates, challenging their CBI custody.On March 9, the 14th Additional Chief Metropolitan Magistrate Court had remanded Mr Raju and other accused for seven days CBI custody for interrogation in the multi-crore accounting fraud. Mr Raju, his brother and three other accused challenged the order in the High Court.While dismissing the petitions, Justice K.C. Bhanu agreed that was no provision in the CrPC to grant police custody after the expiry of the first 15 days of remand period. But he added that the facts and circumstances were different in the Satyam case which was being probed by a multi-disciplinary team of the CBI.The judge pointed out that the first remand period started from March 7, when the case was transferred from the Sixth Additional Chief Metropolitan Magistrate Court to 14th Additional Chief Metropolitan Magistrate Court.
Posted by Ishaqui at 5:22 PM
HC notice to govt, Jagan on Sakshi ads
http://www.andhrarajakeeyam.com/2009/03/hc-notice-to-govt-jagan-on-sakshi-ads/
Friday, March 13th, 2009
Justice L Narasimha Reddy of the A P High Court on Friday issued notices to the state government, the special commissioner ofinformation and public relations (I&PR) department and to Y S Jaganmohan Reddy, son of chief minister Y S Rajasekhara Reddy and director of Jagathi publications that brings out Sakshi Telugu daily and directed them to file their affidavits explaining the procedure being followed in respect of releasing of government advertisements.
The judge was responding to a petition filed by Ushodaya Enterprises, the publisher of Eenadu Telugu newspaper, which charged the state government with showing undue favour to Sakshi and accused the authorities of discrimination against Eenadu.
When the counsel for Eenadu told the court that the authorities have been acting with undue haste in respect of both empanelling Sakshi paper in the official list of newspapers with the I&PR department and also in releasing advertisements to it despite the fact that it could not show any authentic figures of actual circulation, the judge enquired about the parameters and procedures being followed by the authorities in this regard.
While advocate general C V Mohan Reddy saw a political motive behind this petition, the counsel for Jagathi Publications S R Ashok too doubted the veracity of the timing of the petition in view of the elections. The AG told the court that the state has a clear policy in this regard which the authorities have been following and he would narrate those details in his counter. The judge posted the matter to April 15.
J&K HC will continue hearing delimitation writ petition on Friday
http://www.kashmirlive.com/story/JK-HC-will-continue-hearing-delimitation-writ-petition-on-Friday/434129.html
Express News Service
Posted online: March 13, 2009 at 1558
State HC started the hearing in the writ petition, on Thursday, which has sought the direction to the State govt to constitute delimitation commission .
Jammu A Division bench of the State high court comprising, Chief Justice, Biren Ghosh and Mansoor Ahmed Mir, will continue the hearing in a writ petition filed by Jammu and Kashmir National Panther’s party (JKNPP), in Jammu on Friday, seeking the fresh delimitation of assembly constituencies in the state.
State high court started the hearing in the writ petition, on Thursday, which has sought the direction to the State government to constitute delimitation commission for fixing the boundaries of the assembly constituencies in the state.
Arguing in favor of the delimitation, JKNPP Chairman, Prof Bhim Singh, submitted before the court that the refusal by the sate to appoint a delimitation commission amounts to discrimination against the people of Jammu and Kashmir and it destroys the basic structure of the constitution.
Prof Bhim Singh submitted that 29-th of the state constitution doesn’t bar the constitution of Delimitation Commission.
He said that the Delimitation Commission was constituted by the Parliament under Justice Kuldip Singh in spite of the 84th Amendment to the Constitution which banned the increase in the Lok Sabha constituencies.
Singh was assisted in the case by H C Jalmeria, B.B. Kotwal and Bansi Lal Sharma.
Advocate H C Jalmeria, said, “the hearing in the case will continue tomorrow as well. We presented our case before the court today pleading that the delay in the delimitation of assembly constituencies was against the interests of Jammu region."
expressnewsservice
Jurisdiction and Forum Non Conveniens: Part I
Saturday, March 14, 2009
http://spicyipindia.blogspot.com/2009/03/jurisdiction-and-forum-non-conveniens.html
A recent post had led to an interesting discussion on the appropriateness and applicability of the principle of ‘forum non conveniens’ in domestic law. Usually, the principle is applied in the context of private international law. Within a domestic system, the principle is applied in cases where the judicial structure is federal and not unified in structure. The debate assumes importance given the expansions in jurisdiction under certain legislations which allow the plaintiff a choice to file a suit in his place of residence, as opposed to the principle in the Code of Civil Procedure which requires filing of suits in the defendant’s place of residence. Now, if a Court does have the jurisdiction under either the CPC or under the specific provisions such as S. 62(2) Copyrights Act or S. 134(2) Trademarks Act, can it refuse to hear the case on the ground that a more alternative forum is available? Does the private international law principle of forum non conveniens extend to the jurisdiction of Courts within India in a solely domestic context? The Delhi High Court decision in St. Ives Laboratories v. Arif Perfumers, [CS (OS) No. 78/2009, decided by Justice S.N. Dhingra] suggests that it does.
The case involved allegations of trademark infringement. It was not the case of the plaintiff that it resided in Delhi. Thus, for the purposes of the case, the special jurisdictional sections were irrelevant. The question had to be decided in accordance with the rules of the Civil Procedure Code. In particular, the issue was whether part of the cause of action arose in Delhi, so that the Delhi Courts could assume jurisdiction.
There was a clear allegation in the plaint that the defendants were surreptitiously and clandestinely trading their goods under the impugned trademark and labels in Delhi and in other parts of the country. The trademark was registered in Delhi, and the plaintiff alleged that it was suffering losses in Delhi too. In deciding jurisdiction, a Court usually satisfies itself with the averments made in the plaint. In the facts of the case, those averments indicated that part of the cause of action did arise in Delhi. It was argued that in view of this, Delhi Courts would have jurisdiction under Section 20(c) of the CPC.
The Court held:
Looking at the entire plaint, it only seems that the plaintiff had filed this suit at Delhi only as a device of harassment calculated to force the defendant to come to Delhi, engage a Counsel at enormous expense and contest litigation. The plaintiff, who was resident of USA could have easily filed this suit at Courts at Bombay/Maharashtra and pursued the matter. Filing of suit in Delhi on the basis of vague allegations that the goods of defendants were being sold clandestinely throughout the country including Delhi makes no sense. No cause of action can be said to have arisen in Delhi. Such allegations of clandestine sale can be made against any person without any foundation and the plaintiff even during trial can always escape giving proof of such clandestine sale saying that he has stated in the plaint that the sale was clandestine and no bills were being issued. The Court cannot be used as a tool to put such a burden on the defendant that the defendant is unable to even defend the suit. The plaintiff cannot be given absolute liberty to choose the place of suing a defendant out of entire country on the basis of unfounded and vague allegations. In such a case CPC provisions regarding jurisdiction stand rendered useless.
(Emphasis added)
Now, it might well be possible to hold that the Court had concluded that no part of the cause of action arose in Delhi. There are at least three reasons, however, for believing that the Court was in fact applying the doctrine of forum non conveniens.
First, on the averments made in the plaint, it was not possible to say that no part of the cause of action arose in Delhi. The veracity of those averments cannot be gone into for the purposes of determining jurisdiction. Secondly, if indeed no part of the cause of action arose in Delhi, there was no reason to make observations concerning the hardship and burden faced by the defendant. Thirdly, in its reasoning, the Court referred to a Supreme Court decision – Kusum Ingots v. Union of India – holding that a Court is not bound to entertain a plaint if a small part of the cause of action arose within its jurisdiction. This indicates that the Court was holding that even though a part of the cause of action arose in Delhi, the Delhi Courts were not the most appropriate forum for adjudication.
The judgment in Kusum Ingots itself appears to accept the forum non conveniens principle. That case was concerned not with private law disputes but with the public law question regarding the appropriate High Court in cases of writ jurisdiction under Article 226 of the Constitution. Nonetheless, it was held that the CPC principles of jurisdiction were equally applicable to writ proceedings. The Supreme Court went on to say that “indisputably” even if a small fraction of the cause of action arises within the jurisdiction of a particular Court, that Court shall have jurisdiction in the matter. Yet, on appropriate cases, the Court could refuse to exercise that jurisdiction on the ground of forum non conveniens. Thus, the Court recognised the distinction between the existence of jurisdiction and the exercise of jurisdiction.
The principle of Kusum Ingots has been followed subsequently. In Jayaswals Neco, the decision was analysed in depth; and was held to be authority for the proposition that when a cause of action arises partly in one jurisdiction and partly in the other, it is ordinarily for the petitioner to choose his forum. Yet, “in appropriate cases” the Court concerned may refuse to hear the matter because of forum non conveniens. The Delhi High Court decision in St. Ives seems to now settle the issue that the doctrine would also apply outside writ jurisdiction to an ordinary civil suit between two private parties.
A question which arises in such a scenario is, “What are the principles which would determine the application of the doctrine of forum non conveniens?” A subsequent post will try to answer that question.
Posted by Mihir Naniwadekar at 3:48 PM
Law prevails; bungalows of the mighty face axe
http://www.expressindia.com/latest-news/law-prevails-bungalows-of-the-mighty-face-axe/434703/
PrashantRangnekar
Posted: Mar 15, 2009 at 0132 hrs IST
Mumbai Santosh Ganpat Bhurkud (28), a Warli tribal and bonded labourer from Yeoor village, is heir to some 11 acres of land along with five brothers and three sisters. He shares the land with one Debashish Devnarayan Ghosh and two bungalows now stand on the property. His grandfather Babu Jadhav had adopted Ghosh, after which even his name was added to the land revenue extract along with grandmother Ladkibai and mother Jaibai, both dead.
Ramesh Haware (29), a landless Warli tribal, has 41 guntas of land in Yeoor, which was handed over to a rich Thane businessman by his uncle long back. A sprawling bungalow on the site was demolished by the Thane Municipal Corporation (TMC) last week. Haware has filed a petition in the Bombay High Court to get his land back.
These are a few of the numerous cases in which authorities have detected irregularities in the transfer of tribal land to non-tribals in Yeoor village over the last two decades. The village is surrounded by the Sanjay Gandhi National Park (SGNP), but falls under the jurisdiction of the TMC.
After the demolition of 19 bungalows since February, the TMC on Thursday issued showcause notices to more than 40 illegally-built structures in Yeoor. “We should soon start the demolition,” said B G Pawar, deputy municipal commissioner (encroachment), referring to the illegal bungalows, some of which belong to local political heavyweights.
According to Pawar, this mini hill station has 176 structures, including bungalows, hotels and small apartments, of which 16 were demolished this year. Of them, only 66 (40 bungalows and 22 other constructions) had the TMC approval. The rest were allegedly illegal and the TMC has already ordered a survey to verify this. Now, even the state forest department has issued notices in over 35 cases for violating forest laws.
The entire demolition process throws light on how bungalows were built in these misty and picturesque hills by taking advantage of the poor and illiterate tribals, some residents alleged, adding that action was hardly taken against the rich and powerful who own the properties. The Thane collector had, in January 2008, given a list of 19 structures to the TMC, asking them to demolish them but no action was taken.
It was only after Chandrakant Jadhav, a tribal, filed a PIL in the Bombay High court in February that the TMC took action. He demanded that a piece of land, which once belonged to a tribal but was now occupied by a non-tribal, be given back to the tribal, In response, the court asked the TMC and Thane collector to furnish a list of people having bungalows in Yeoor.
Villagers say the construction of bungalows on tribal land started in the late 80s. In many cases, land transfer was not done owing to the Maharashtra Restoration to Scheduled Tribes Act 1964, but the possession of land was with non-tribals. But what followed after possession of land was the destruction of the habitat in the surrounding forest. Along with it came parties, loud music and narcotic substances.
“It would be wrong to say tribal people in Yeoor were exploited. They were paid money. Why are we blamed for their misery?” said a local politician whose bungalow was among those demolished.
The tribals are, however, yet to receive their land. “We have handed over the land to the Thane district collector after the demolition,” said Pawar. The tribals are also confused about using the land. “We do not know what is to be done with the land as the concrete structures were erected on our fertile lands. Neither can we do farming nor have enough money to build a house there,” said Parshuram Hindole, whose land was given to a politician for building a bungalow.
Beyond Candlelight Vigils
http://blogs.outlookindia.com/default.aspx?ddm=10&pid=1625&eid=5
Sundeep Dougal
Veena Ramanna writes in the Indian Express:
The urban educated class in India is beginning to show renewed interest in the political process. While there are some groups that have chosen to take a plunge into the political arena head on by contesting elections, several others are choosing to engage with the electoral process in different ways. In this election season, it is not just the political parties who are preparing to reach out to the masses. A host of other professionals are getting involved in their own ways to be part of the process.
She goes on to enumerate and describe the work of some of these groups. While some of these are well-known enough, it'd be useful to record them here for reference.
Association for Democratic Reforms: Founded in August 1, 1999 by a group of Professors from the Indian Institute of Management (IIM), Ahmedabad and National Institute of Design and some alumni of IIM to work towards strengthening democracy and governance in India by focusing on fair and transparent electoral processes. Its PIL filed in Dec 1999 culminated in a Supreme Court order on Mar 13, 2003 requiring disclosure of criminal, financial and educational background of all contesting candidates. Since then ADR has done Election Watches in almost all State Assembly and Lok Sabha elections. For the current elections, there is a National Election Watch which has regularly been putting out press-releases on candidates with criminal records. These are revealing lists as they show the rot cutting across party lines. Click here for the latest list:
SmartVote.in is focusing on three constituencies in urban Bangalore
Mumbaivotes.com is focusing on six constituencies in Mumbai city
Jaago Re began as an effort to enable new voters to register. In its work over the past several weeks, JaagoRe has over four lakh people registered on its website from across the country.
Still cynical? Read Veena Ramanna's full article: It's Your Vote.
Please help us expand this database. Tell us about more such groups and your experiences with them.
POSTED BY Sundeep ON Mar 14, 2009 AT 16:33 IST
Bombay HC flays Mah. govt on Mammoth Committee for detecting lapseshttp://www.indlawnews.com/Newsdisplay.aspx?21549a91-4701-4b53-be4f-4e2536b128ac
3/13/2009
Bombay High Court came down heavily on the Maharashtra government for forming a huge 66-member committee to look into security lapses and identify the officer responsible during the 26/11 terror attack in the city, saying that the committee is mammoth and will not be manageable.A Division Bench comprising Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud, during the hearing of petitions filed regarding the terror attack, directed the state to reduce the size of the committee and strictly implement its recommendation.The court, however, adjourned further hearing for two weeks.The directions were made during the hearing of two public interest litigation (PILs), one filed by the Indian Society of Law Firms and another by a city-based lawyer V P Patil. The PILs have questioned the security lapses that had led to the terror attacks.In the PIL, Advocate Patil alleged that there was a systemic failure, which allowed terrorists to carry out their operations. The other PIL has sought setting up of a Citizens Committee to tackle the menace of terrorism.UNI
Madras High Court judges will take up matters from March 16
http://www.hindu.com/2009/03/15/stories/2009031550280100.htm
Special Correspondent
Joint action committee of lawyers demands immediate withdrawal of notification
Lawyers not to attend courts till demand for suspension of police officers is met Joint action committee resolves to withdraw vakkalats/memo of appearance in all courts
CHENNAI: Acting tough with the agitating advocates, the Madras High Court has issued a notification that its judges will take up matters listed before them and decide them on merit from March 16.
The High Court has further notified that in criminal matters, if advocates are not available at the time of hearing, either advocates from the panel of amicus curiae will be requested to appear for the accused or notice sent to the accused, who are on bail or in jail, informing them that they should make alternative arrangements.
The court had issued a similar instruction to Principal District Judges on Friday.
The notification has evoked sharp reaction from advocates, who say they are not at all been satisfied with Friday’s court order on the incidents on the High Court campus on February 19.
President of the Tamil Nadu Advocates Association S. Prabakaran told reporters that advocates would not attend courts till their demand for immediate suspension of senior police officers responsible for the attack on lawyers was met.
The joint action committee of advocates resolved to withdraw their vakkalats/memo of appearance in all courts. The committee said the notification should be withdrawn immediately.
At a meeting here on Saturday, it resolved to abstain from courts/tribunals till the demands were met. It requested advocates not to address judges as “My Lord/Your Honour,” and, instead, address them as “Mr. Judge or Sir.”
Another resolution requested advocates to desist from attending functions of the Supreme Court, High Court and district judges, or those organised by courts and tribunals.
The committee said legal aid panel lawyers should not accept any brief referred by any court or any assignment as amicus curiae.
New turn to advocates stir in Tamil Nadu
http://www.hindu.com/thehindu/holnus/000200903141758.htm
Chennai (PTI): In a new turn to the ongoing Advocates' stir, the Madras High Court on Saturday notified that its Judges would take up matters listed before them and decide them on merit from March 16 but lawyers said they would continue boycott of courts insisting on action against police officials responsible for the Feb 19 'attacks' against them.
As the lawyers' indefinite stir continued for the fourth week, the High Court said in the event of advocates not being available when criminal matters were being heard, either advocates on the panel of amicus curiae would be requested to appear for the accused or notice would be sent to accused, who are on bail or in jail, telling them to make alternative arrangements.
The High Court's notification in this regard came a day after it directed subordinate courts to start functioning from Monday. Advocates have been boycotting courts since the February 19 clash between police and lawyers in the High Court premises demanding suspension of top police officers.
Sticking to their stand, Madras High Court Advocates' Association and Tamil Nadu Advocates' Association on Saturday submitted memoranda to the High Court Registrar General stating that advocates will be withdrawing their 'vakalats' (civil side) and memos (criminal side) for appearance.
TNAA President S. Prabhakaran told reporters that the notification 'suppresses democratic rights of lawyers'. The agitation by advocates was fair and being conducted in a democratic manner, he said.
Stating that advocates would not attend any case till police officers responsible for the attack were suspended, Mr. Prabhakaran said the notification "adds insult to the injury of advocates". He requested the Chief Justice H L Gokhale to withdraw the notification immediately.
Several advocates and policemen, besides a judge were injured in the February 19 clashes between lawyers and police in the High Court premises.
Cases to be decided if Tamil Nadu lawyers continue strike
http://www.sindhtoday.net/south-asia/74435.htm
March 14, 2009 by: Sindh Today
Chennai, March 14 (IANS) Madras High Court Chief Justice H.L. Gokhale warned Saturday that cases would be disposed off on merit Monday onwards if lawyers in Tamil Nadu continued to stay off work.
“To help litigants suffering due to the mass action by lawyers in Tamil Nadu, matters will be disposed off on merit by all courts ex parte in the absence of lawyers Monday onwards,” Gokhale said.
Agitating advocates indicated they would not suspend their protests including picketing the Madras High Court here.
“Till the offending police officials including Director General of Police K.P. Jain and Commissioner K. Radhakrishnan are suspended and prosecuted for beating up unarmed harmless lawyers and judges within the precincts of the Madras High Court Feb 19, we will continue boycotting courts,” T. Mohan, an activist advocate told IANS.
According to Madras High Court Advocates’ Association President Paul Kanagaraj, various lawyers’ bodies are scheduled to meet in Chennai to decide the future course of action in the light of Gokhale’s announcement.
Meanwhile, lawyers supporting the state’s ruling party DMK, who attended courts in nearby Vellore, were assaulted Friday by their colleagues who were on strike, witnesses said.
Police watched the fracas as mute spectators, as lawyers tore off each others’ shirts and gowns, the witnesses added.
The confrontation between police and lawyers began two months ago after a section of the legal fraternity began vociferously protesting against the Sri Lankan army’s actions against Tamils in the island’s war-torn northeast.
Besides public property, a police station was set ablaze Feb 19.
A one-man probe headed by retired Supreme Court judge Srikrishna faulted both the parties but accepted the overall version of the police which angered the lawyers further. [NF]
Candle-light vigils demand justice for ragging victim (Lead)
http://www.sindhtoday.net/south-asia/74489.htm
March 14, 2009 by: Sindh Today
New Delhi/Tanda (Himachal Pradesh), March 14 (IANS) Hundreds of people marched and held candle-light vigils in New Delhi and Himachal Pradesh’s Tanda town Saturday evening to demand justice for Aman Kachru, a medical student who died after ragging.
Emotions ran high as relatives and friends of Aman, 19, and their hundreds of supporters marched from the Jantar Mantar observatory near Connaught Place on the Parliament Street in the capital and on the college campus and within the Himachal town.
“I am thankful to everyone present here for their support. The movement for justice will continue not only for Aman, but also for other victims of ragging,” said an overwhelmed Rajender Kachru, Aman’s father, in Delhi.
Aman died March 8 after he was beaten up in the name of ragging allegedly by four final-year students of his medical college in Tanda. Police said he died of wounds in head and other parts of body.
Rajender Kachru said he met Additional Solicitor General Gopal Subramanium in the morning.
“He (Subramanium) assured me that he will be filing a petition in the Supreme Court for Aman’s case to be moved in the fast-track mode, and that this case will serve as an exemplary one for future cases of ragging,” Kachru said.
Aman, whose family originally hails from Jammu and Kashmir but is now settled in Gurgaon near Delhi, was a brilliant student, family members said.
The four senior students involved in the incident have been arrested and booked for murder charges. The Himachal government has ordered a magisterial probe in this regard.
Neelam Katara, who fought hard for justice after her son Nitish was murdered, also participated in the protest march in Delhi.
She said: “We can’t get anywhere by keeping quiet. Ragging should be given zero tolerance. There should be implementation of laws, and people must feel scared to commit a crime like ragging. This will happen only if it is deemed and considered a crime.”
The protesters also demanded the implementation of existing laws and passing of an anti-ragging law.
Pooja, a 22-year-old mass communication student, said in Delhi: “Sadly this is not a stray case. Cases of students committing suicide fearing ragging are all well known. The government must act.”
Meanwhile, a team of the Medical Council of India (MCI) is visiting the medical college next week to inquire about the incident and the steps taken by college authorities to check ragging.
Anil Chauhan, the new principal of the medical college, said a communication from the MCI regarding the visit had been received.
“College authorities will cooperate with the visiting MCI team members,” he said.
[LM2]
Court upholds life term for mother, daughter for honour killing
http://www.sindhtoday.net/south-asia/74101.htm
March 13, 2009 by: Sindh Today
New Delhi, March 13 (IANS) The Delhi High Court Friday upheld the life term for a woman and her daughter who in a honour killing stabbed to death the woman’s other daughter who was unmarried but pregnant.
A division bench of Justices Pradeep Nandrajog and Aruna Suresh upheld the life imprisonment of Darshana and her daughter Rajani and stated, “It is our social thinking that forces Indian community to take such drastic steps of killing family members.”
“The duo had taken this step to save their family’s respect in society and killed their own blood,” said the bench.
According to the prosecution, the duo killed Raji, 20, while she was asleep during the night of April 16, 2002, in Uttam Nagar here when the girl’s father was away in Punjab to attend a wedding.
A total of 50 knife wounds were found on the body of the deceased.
The trial court had found the two guilty and sentenced them to life imprisonment in 2004.
[SU]
Hydroelectric Power Corp to commission two projects by 2009-end
http://www.sindhtoday.net/south-asia/74022.htm
March 13, 2009 by: Sindh Today
New Delhi, March 13 (IANS) State-run National Hydroelectric Power Corp (NHPC) plans to commission two of its projects with a combined capacity of over 250 MW by 2009-end, a top official said here Friday.
“We plan to commission one of the Teesta hydro-electric projects (in West Bengal) with 132 MW capacity and the 120-MW Sewa-II project in Jammu and Kashmir by December this year,” NHPC chairman and managing director S.K. Garg told reporters.
Eleven projects of the company are under construction, of which the remaining eight are expected to be completed by 2011.
NHPC is planning to double its power generation capacity from the present 5,200 MW by 2012 for which it has outlined expansion plans worth Rs.280 billion. NHPC accounts for over three percent of India’s installed power generation capacity of nearly 144,000 MW.
Asked about the company’s proposed initial public offering (IPO), Garg said the issue was put on hold due to volatile market conditions.
NHPC had proposed to come up with an IPO last year to raise Rs.16.7 billion (Rs.1,670 crore) for funding its power generation projects, but the plan was later put off.
The power giant has approached domestic bankers for raising funds, Garg said.
The company has already tied up with state-run Power Finance Corp (PFC) for about Rs.40 billion and with Life Insurance Corp (LIC) for nearly Rs.65 billion, he added.
[SU]
Banks don’t want CAs to appear before Debt Recovery Tribunal (DRT)
http://www.taxguru.in/chartered-accountant/banks-dont-want-cas-to-appear-before-debt-recovery-tribunal-drt.html
Citing a need for legal knowledge and skills, banks have shot down a proposal by the Institute of Chartered Accountants of India (ICAI) to allow chartered accountants to appear before the Debt Recovery Tribunal (DRT) to plead cases.
The debt tribunal was set up to adjudicate bank recovery suits. It works in lieu of civil courts. Advocates having specific knowledge of the subject are deemed competent to handle cases before the tribunal, bankers said. Hence, it is not advisable to permit chartered accountants to appear before DRT for banks as they would not be competent enough to handle a case before the tribunal, they added.
Sources said that the Union Finance Ministry had sought the Indian Banks’ Association (IBA) views on a suggestion made by ICAI to amend the recovery of debts due to banks, and in the Financial Institutions Act 1993 (DRT Act) and other rules.
The amendment was mooted to allow chartered accountants to represent matters before the DRT on behalf of their clients. ICAI cited various legislations that permit CAs to represent their clients. But, the IBA stressed that proceedings at DRT requires knowledge of various laws and day-to-day legal developments.
Posted by Sandeep Kanoi
IPS officer moves HC, drags in city police chief
http://timesofindia.indiatimes.com/Hyderabad/IPS-officer-moves-HC-drags-in-city-police-chief/articleshow/4266156.cms
15 Mar 2009, 0522 hrs IST, TNN
HYDERABAD: In a fresh twist to the ongoing unrest in the ranks of copdom, IPS officer Sundar Kumar Das has moved the Andhra Pradesh High Court seeking a direction to the city police to register an FIR against additional director general of police K Aravinda Rao under the SC/ST Atrocities Act. Hyderabad police commissioner B Prasada Rao has been named as the respondent in the case. A similar case filed by Srikakulam SP Ch Srikant against another high-profile IPS officer Soumya Mishra is before the same court. In his complaint lodged with the Saifabad police in January, Das accused Aravinda Rao of blocking his posting as a district superintendent of police. Das, a promotee from the ranks of the AP Police Service and an M Phil from Jawaharlal University, has contented that he is being discriminated against because of his caste. But no FIR has been filed in the case as the Hyderabad police feel that Aravinda Rao has nothing to do with the posting of Das who is presently working as chief security officer of AP Genco. Das made representations to the deputy commissioner of police (central) of Hyderabad and the city police commissioner urging them to register an FIR against the senior officer, but finding no positive response, has now moved the high court. “SPs seeking legal action against their superiors is unprecedented in the history of the AP police. It reflects a total lack of leadership to amicably resolve disputes,” a senior police officer told STOI.
Lawyers harden stand, to withdraw from cases
http://timesofindia.indiatimes.com/Chennai/Lawyers-harden-stand-to-withdraw-from-cases/articleshow/4266215.cms
15 Mar 2009, 0554 hrs IST, TNN
CHENNAI: A day after the Madras high court instructed all courts and judges in Tamil Nadu to decide on cases on merit, even if advocates did not appear for arguments, the agitating lawyers have decided to withdraw from cases filed by them on behalf of their clients. Their decision means that all 'vakalatnamas' (authorisations by clients appointing the lawyers) will be withdrawn, and that courts will have to directly deal with the parties in connection with the cases. The decision was taken at a meeting of the joint action committee, presided over by RC Paul Kanagaraj, its convenor and president of the Madras High Court Advocates Association, on Saturday. The meet resolved to indefinitely continue the boycott, and confirmed that a state-level rally of advocates would be held here on March 19. Perhaps turning their ire on judges, the committee resolved that henceforth advocates would not address judges as 'My Lord'. Citing a Bar Council of India decision, the meet said they would address the presiding officers of courts as either 'Mr Judge' or 'Sir'.
Probe ill-treatment complaint: Court
http://timesofindia.indiatimes.com/Pune/Probe-ill-treatment-complaint-Court/articleshow/4265317.cms
15 Mar 2009, 0354 hrs IST, TNN
PUNE: Taking cognisance of an ill-treatment complaint made by notorious criminal Balu Suryakant Andekar (50) of Nana Peth against the officials of the Samarth police, the magistrate court here has referred the complaint to the district and sessions court to conduct an inquiry and take action against the concerned policemen. In its order (dated March 7), judicial magistrate first class V U Misal referred Andekar's complaint to the sessions court under chapter one of the Criminal Manual. Andekar's lawyer Bilal Shaikh said the medical certificate issued by the Sassoon hospital to the court has stated that his client had received "four hard blunt injuries" on various parts of his body. The court has taken cognisance of Andekar's complaint and the affidavit filed in support of the allegations made against the policemen and medical report while referring the matter to the sessions court for further action, Shaikh said. Andekar, who was arrested on February 21, had filed an application before judicial magistrate first class Girish Deshpande, alleging that he was subjected to third degree measures by the policemen. Andekar was arrested for allegedly erecting flex boards defaming the police for initiating externment proceedings against him and his family members. He had complained that he was severely beaten up by inspector Dattatreya Temghare (crime) and others after he was picked up from his Hadapsar residence. He claimed that his leg got fractured due to the assault. And his family members were not informed about his arrest as per the law. Deshpande had referred Andekar to the Sassoon general hospital for conducting medical examination and had directed the hospital to submit the report on February 24. Temghare had refuted Andekar's allegations earlier. He had said, "On February 21, when we went to Andekar's house for arresting him, he fled after spotting the police. And he fell down while we were chasing him. His leg might have fractured then," Temghare said. He further said that Andekar was arrested in the presence of his daughter and other family members. But his wife was not present at the time of arrest.
Sinhagad Society case dismissed by court
http://timesofindia.indiatimes.com/Pune/Sinhagad-Society-case-dismissed-by-court-/articleshow/4265321.cms
15 Mar 2009, 0417 hrs IST, TNN
PUNE: Civil judge (senior division) G K Rathod recently dismissed the case filed by the Sinhagad Technical Education Society, claiming ownership of over 100 acres of private forest land at Mauje Kusgaon Budruk near Lonavla on the Pune-Mumbai expressway in Maval taluka. The forest department, Pune, is in possession of land at gat (section) nos 309, 310 and 311s. The land acquired from private persons was declared private forest as per the Maharashtra Private Forest Acquisitions Act 1975. The sub-divisional officer at Maval had restored some portions of the land at gat nos 309 and 310 to the real owners, but the land continued to enjoy the status of private forest. The society, through its chief trustee M N Navale, filed a special civil suit before the civil court against the forest department, Union government and state of Maharashtra to declare it the owner of the disputed land. Special forest counsel Abhijit Sakurkar told the court that the society, without obtaining the approval of the central government, had encroached on the land by constructing multi-storied buildings. Sakurkar submitted that the society had indulged in non-forest activities by encroaching on the land and produced notices that had been issued to the society by forest officials, asking that it leave the premises. Sakurkar submitted that the department had earlier filed a case against the society under a section of the Indian Forest Act. The society had asked that the order passed by the assistant conservator of forest directing it to evict the land be set aside and that it be declared owner of the land. The judge, however, upheld the plea of the forest department counsel and dismissed the case.
PCNTDA plans to construct a subway near Akurdi railway station
http://timesofindia.indiatimes.com/Pune/PCNTDA-plans-to-construct-a-subway-near-Akurdi-railway-station-/articleshow/4265329.cms
15 Mar 2009, 0423 hrs IST, Siddharth Gaikwad, TNN
PUNE: The Pimpri-Chinchwad New Township Development Authority (PCNTDA) is planning to construct a new subway near the Akrudi railway station due to the problem of waterlogging in the old subway. Suhas Divse, the PCNTDA's chief executive officer (CEO), said that a provision for it has been made in the annual budget of 2009-10. The old subway near the Akurdi railway station links Ravet, Kiwale, Walhekarwadi and other areas to the Old Pune-Mumbai highway and Nigdi-Pradhikaran areas. However, water overflowing from the PCMC's water purification plant in Nigdi enters this subway, resulting in extensive waterlogging. To make matters worse, sewage from the nearby areas also comes into the subway. Anil Mane, a resident of Nigdi, said, "The subway provides a shorter route for the residents of Nigdi-Pradhikaran to go to the areas around DY Patil college in Akurdi that are located on the other side of the railway tracks. But the subway is always waterlogged. The alternative route to cross the railway tracks is the railway overbridge at Bijlinagar, which is far away." Anita Jadhav, a resident of Akurdi said, "Minor accidents occur in the subway as two wheelers sometimes skid due to the water in the subway. A permanent solution to the waterlogging problem should be found so that the motorists do not have to suffer." Sangeeta Kale, another resident of Akurdi, said, "The subway offers a safe passage to the pedestrians to cross the railway tracks. But the pedestrians have to be careful while going through the subway because of the slippery surface caused by waterlogging." A PCNTDA official said that survey will be conducted to find the apt location for constructing a new subway. The site will be finalised by the railways. This survey will be conducted after the Lok Sabha elections when the model code of conduct ends. The survey will be completed in one to two months. He added that a consultant will be appointed first to prepare the estimated cost and other details of the subway project. The PCNTDA will bear the construction cost. "The railways will take a decision on whether only light commercial vehicles (LCV) are to be allowed on the new subway," said the official.
GGRM threatens stir over laws
http://timesofindia.indiatimes.com/Goa/GGRM-threatens-stir-over-laws/articleshow/4265433.cms
15 Mar 2009, 0533 hrs IST, TNN
PANAJI: Ganv Ghor Rakhon Manch (GGRM) has demanded that the government immediately revoke all legislations and ordinances passed or promulgated by it till date after the Task Force was constituted; including amendments to sections 16 & 16A of the TCP Act, proposed Goa PR Act Amendment Bill 2009 and the Land Acquisition (Goa Amendment) Ordinance 2009 as they are anti-people and discriminatory'. A delegation of GGRM members met chief minister Digambar Kamat on Friday and submitted a memorandum regarding various issues related to Regional Plan 2021. The members urged Kamat to give a positive response to their demands within ten days. "We would be forced to begin a state-wide agitation if the government fails to respond effectively," GGRM sources said. In his response, the chief minister indicated that he would present a verbal response to the GGRM within a period of 7 days from the presentation of the memorandum. The GGRM also pointed out that effective realization of the Regional Plan process depended on the immediate outlining of a coherent legal framework which currently does not exist. As such, the GGRM demanded that the government immediately re-enact/amend, after a thorough public debate and discussion as necessary, the Town and Country Planning Act, 1974, the Municipal Act, 1968, The Corporation of City of Panaji Act, 2002 and the Goa Panchayati Raj Act, 1994, as well as other related legislations that need to be harmonised. As an interim measure till RP 2021 is adopted, GGRM demanded a total and immediate freeze on the construction of structures in villages. In keeping with its pro-people and pro-livelihoods position, the body pointed out that individual houses built for personal occupation could be left out. GGRM also demanded the government's assurance that the ODPs will be integrated into the regional plan process. Further, GGRM has also indicated that it plans to protest against the ordinance promulgated to benefit the Cidade de Goa hotel.
Case against alleged rape victim
http://timesofindia.indiatimes.com/Chandigarh/Case-against-alleged-rape-victim/articleshow/4265343.cms
15 Mar 2009, 0341 hrs IST, TNN
PANCHKULA: In a case wherein the owner of KC Theatre and former senator of PU Pawan Valecha allegedly raped his domestic help, Panchkula police on Saturday registered a case against the victim under Section-182 of CrPC. Police thereafter sent the report to Panchkula court. The case was registered after cancelling the FIR against Valecha. The step was taken after taking legal opinion. Earlier, police were reluctant about taking action against the victim as she changed her statement, under Section-164 of CrPC. But they later sent the case for legal opinion and after recommendation from legal department, police initiated the action, sources added. According to the initial medical report, there were no injury marks on the victim’s body. The victim earlier said she was being threatened, but she later retracted her statement in court. Sector-5 police station SHO Baljeet Singh said, “A case has been registered in this matter and the compliance report has been sent to court.” The domestic help of Pawan Valecha, owner of KC Theatre, had alleged he had raped her at his house on March 2. On the complaint of the victim, police had registered a case under Section-376 of IPC.
'Society still has long way to go in realizing human rights'
http://timesofindia.indiatimes.com/Chandigarh/Society-still-has-long-way-to-go-in-realizing-human-rights/articleshow/4265412.cms
15 Mar 2009, 0009 hrs IST, TNN
CHANDIGARH: Centre for emerging areas in social sciences, Panjab University, Chandigarh organized a seminar on Equality and Human Rights at CIL auditorium on Saturday. Justice Jagdish Singh Khehar from Punjab and Haryana High Court was the chief guest on the occasion. RC Sobti, vice-chancellor, Panjab University, was the guest of honour. Delivering the presidential address, justice Khehar said humanity is still at a very basic stage when it comes to human rights and it would take time before we graduate to advance stages of realizing human rights. People living below poverty line including children suffering from malnutrition are yet to be brought within the ambit of equality. Sobti, in his address, said the university is creating a corpus fund to give loans to poor but meritorious students. Sobti said in order to bring about equality, we must look within and discharge our duties fully. Earlier, Prof RK Gupta welcomed guests, introducing to them the theme of the seminar. Dr Swarnjit Kaur said the objective of the seminar was to focus on concrete or tangible problems, issues and challenges in the wake of emerging global realities. The world today is fraught with fundamentalist tendencies of various kinds. These are manifested through religious, social, gender, regional and market issues, putting at stake the very norm of equality put forth through philosophical deliberations spreading across centuries. The proceedings of the seminar were divided into three technical sessions. In the first session, Prof PS Jaswal, Prof Ujjawal Kumar Singh, Ronki Ram and Madhu P Singh discussed equality with regard to special arrangements or mechanisms. Prof Bhupinder S Brar, delivering the valedictory address, said discussion on human rights tends to proliferate at the cost of precision.
Despite RTI, information remains forbidden
http://timesofindia.indiatimes.com/Lucknow/Despite-RTI-information-remains-forbidden/articleshow/4265605.cms
15 Mar 2009, 0156 hrs IST, Neha Shukla , TNN
LUCKNOW: RTI is apparently the `road to infinite' wait for common man before he gets in the know of not-so-common knowledge. Meant to assure a peep into the forbidden corridors of power within 30-days time, the Right to Information Act is far from achieving its motive in the state especially when even half-a-dozen hearings held by information commission fail to help the cause. The case of an applicant, Naresh Dikshit firmly meets the aforesaid. He had sought information about the allocations made from the chief minister's discretionary fund every year over a period between January 1991 and July 2007, people and organisations who had been the beneficiaries and also about the rule book, if any, followed while disbursing money from the fund over the said period. "After two years, the information that I have got is wrong and incomplete", rued Dikshit. The case has already been heard five times in the state information commission on April 21, July 10, October 20, December 11, 2008, and March 13. The latest hearing has been fixed for May 27, 2009 after the applicant complained that he has been provided with wrong information. "I had asked for the certified copy but all I have got is a simple paper and I do not know how far to trust the figures printed on it", he added. Though the official figures show the annual budget allocation for the discretionary fund ranging between Rs 20 lakh and Rs 25 crore from 1991-92 till 2007-08, there is no information on the beneficiaries. The application requesting a five-point information was made to the Public Information Officer (PIO), chief minister's office, on August 24, 2007. But, information to the applicant has been constantly denied since then. Three months later on November 30, 2007, an appeal was filed with the first appeal authority but even that did not help. The half-baked information could reach him only on December 8 last year. The PIO has mentioned that there has been no complaint received regarding the misuse of the money disbursed from the discretionary fund. And about the audit of the fund, as was questioned by the applicant, the PIO stated that it is conducted every year by the auditor general, Allahabad. To get the copy of the same, the applicant was told to contact the said official. On the `rule-book' for disbursement of funds, the information was provided only about November 2006 rule-book. "I have asked them to clarify if it was the common rule-book all through", said the applicant. The next hearing at the commission is the only hope he has. It is worth mentioning that Lucknow bench of the High Court in its verdict dated July 2008 held that information regarding disbursement and utilisation of CM's discretionary fund can be sought under the RTI Act by people on lawful demand. Being a public fund it comes within the ambit of the Act.
Flesh trade thriving in Allahabad under police patronage
http://timesofindia.indiatimes.com/Lucknow/Flesh-trade-thriving-in-Allahabad-under-police-patronage/articleshow/4265600.cms
15 Mar 2009, 0147 hrs IST, TNN
LUCKNOW: Some social activists have lodged a complaint with the National Human Rights Commission (NHRC) against Allahabad police for not rescuing minor girls being forced into prostitution by brothels in the city. Instead, they have complained that, police is harassing social workers there who had informed the district administration about the racket. On the complaint of Ajit Singh, president of an non-government organisation (NGO) working against human trafficking, district magistrate (DM) Allahabad directed the police to raid the brothels. The DM also deputed an additional city magistrate to supervise the operation. The police team led by officers of the district administration and escorted by Singh raided the brothels situated in Meeraganj on March 6 and rescued 20 girls. However, officers were surprised to see that brothels were running right under the nose of Meeraganj police station. Later, according to Singh, an FIR was lodged against a brothel keeper while others were let off by the police. He also claimed that there were many other minor girls in these brothels but the police did not rescue any of them, expect for the 20 which were found in the presence of the city magistrate. When Singh asked the police to arrest other brothel keepers as well, some police officers started harassing him and even threatened him of dire consequences. "They told me to keep away from the area and not to utter a single word," he told TOI. After running from pillar to post for action, Singh along with other social activists in Allahabad has now shot off a complaint to the NHRC asking it to take cognizance of the issue and direct district administration to provide security to the social workers involved in the operation. Singh said that more than 70 minor girls brought from Bihar and Nepal are yet to be rescued. He also demanded proper inquiry into the matter so that the flesh trade racket flourishing under police protection can be busted and girls be saved. When contacted, senior superintendent of police, Allahabad, PB Tripathi told TOI that investigations were still on and the matter would be sorted soon.
Chand-Fiza talaq: Ulema now talk of screening
http://timesofindia.indiatimes.com/Lucknow/Chand-Fiza-talaq-Ulema-now-talk-of-screening-/articleshow/4265619.cms
15 Mar 2009, 0237 hrs IST, Manjari Mishra , TNN
LUCKNOW: The Haryanvi love story gone sour has left maulanas fuming, though for different reasons. While ultra conservatives lobby is incensed at the audacity of the former deputy chief minister Chandra Mohan for bending shariat to sneak in bigamy, radicals have raised a banner of revolt against "the error of judgment made by ulema in dubious cases". Their latest demand is to make a pre-marriage screening before a ulema reads out the nikah in a conversion cases. Talking to TOI, Maulana Khalid Rasheed Firangimahali said that the issue will be raised in the next meeting of the executive council of the Islamic Centre of India. "In Chand-Fiza drama, the officiating maulvi should have been more cautious. The much hyped nikah had all ingredients of a phoney plot. The man was already married and a father of two, neither his family memebrs nor hers were present at the time of nikah. So it was not difficult to put two and two together under the circumstances. Had the ulema been a little more guarded or selective all this embarrassment could have been averted, Maulana Rasheed said. Shaista Ambar, president of All India Muslim Women Personal Law Board (AIMWPLB) dittoed the view. It must be made incumbent upon the ulema-e-deen to do a thorough screening of couples in such controversial cases. The maulvi in this particular instance should have insisted upon finding out the motive for the conversion of the high profile couple. Whether they were converting to Islam because of their faith in its tenets or just to serve their ulterior purpose, she said. Interestingly, while young hawks were vociferous in their demand for guidelines in conversion cases the orthodox lobby was more restrained. Shahar Qazi, Lucknow, Mufti Abul Irfan slammed Chandra Mohan for the lowly act. "Yeh nikah ya talaq nahin makkari hai," said the septuagenarian cleric. Culprits like the Haryana politician need to be ostracised and shunned by the public, he added. However, muftis have little or no role to play in such matters he claimed. Meanwhile Darul-uloom Deoband distanced itself totally from the sordid saga. Mufti Habiburehman the spokesperson of darul qaza declined to make any "verbal comment". The seminary had on December 10 last year given its approval to the nikah. The two member panel had even said that "there was enough evidence to suggest that Chand Miyan did not resort to conversion for perpetrating a fraud." The matter will certainly not end here, said Maulana Khalid. The convent educated maulana claimed that he would personally lead an awareness campaign among the religious heads who need to be extremely careful in cases like this which are potent enough to vitiate communal harmony.
Released bonded child labourers to be rehabilitated
http://timesofindia.indiatimes.com/Patna/Released-bonded-child-labourers-to-be-rehabilitated/articleshow/4265134.cms
15 Mar 2009, 0311 hrs IST, TNN
PATNA: As many as 31 bonded child labourers of Bihar, who were rescued in New Delhi due to joint efforts of the state labour department and Bachpan Bachao Andolan (BBA), an NGO, on February 10 and February 17, reached Patna on Saturday. They were working in hotels, dhabas and other industries in New Delhi. These labourers were released in course of two separate raids carried out by the state labour department in New Delhi under the Bonded Labour Abolition Act, 1976. They were given release certificates by state labour minister Awadhesh Narain Singh and Bihar State Child Labour Commission chairperson Ramdeo Prasad at Bachpan Bachao Andolan (BBA)-run rehabilitation centre, Mukti Ashram, in New Delhi. The released labourers were received by joint labour commissioner Ramchandra Choudhary and BBA state coordinator Mokhtar-ul Haque. These children would return to their native places where they would be given Rs 20,000 each and be accorded priority in admission in schools run under National Child Labour Project and poverty alleviation schemes as well as in allotment of Indira Awas Yojana houses, according to a BBA release issued here on Saturday.
Provide all facilities to disabled: NGO
http://timesofindia.indiatimes.com/Nagpur/Provide-all-facilities-to-disabled-NGO/articleshow/4265468.cms
15 Mar 2009, 0038 hrs IST, Snehlata Shrivastav, TNN
NAGPUR: As we observe the World Disabled Day today, a survey conducted by the Human Rights Law Network at the city railway station comes as a shocker. The survey team found porters and coolies charging exorbitant sums from the disabled to carry them to the train on wheelchairs. At times they were extremely rude and even refused to take the disabled on wheelchairs if an argument ensued, the team found. Lawyer JPS Uppal, city co-ordinator for HRNL, a branch of India Centre for Human Rights and Law (ICHRL), who conducted the survey along with his team at the station, was critical of the way the disabled were treated. He said, "Additional solicitor general Rajendra Raghuvanshi had told the Bombay high court that the Centre would try to make all railway stations disabled-friendly. The assurance had come in response to a public interest litigation filed by ICHRL, seeking implementation of Disability Act, 1995 at the railway stations. But Nagpur station does not have such facilities in place," Uppal said. "The disabled are entitled to same rights as all other human beings and must have equal access to all public places, facilities, opportunities and services. As per the 1995 act for disabled, all public transports and public places like railway stations, airports and building complexes should have special facilities for disabled. Not providing these facilities amounts to discrimination," said Uppal. Citing a personal experience, Uppal said he himself had to convince a coolie to charge suitable amount for taking his relative to a particular platform. "Such incidents could be avoided if the railway administration displays porter charges on all the platforms or where the wheelchairs are kept," he said. This would save the disabled from discomfiture, he said. Central Railway PRO Suhas Lohkare, however, did not accept all the findings to be true. He said that the toilet on platform number 1 was locked for repairs. "We try our best to keep wheelchairs in good condition. But the people use them roughly and dump them at wrong places. The railway gets all these chairs repaired on a day's notice. Besides, two spare chairs have also been made available in case of an emergency," Lohkare said. He assured to look into the issue and also welcomed the efforts put in by the NGO for helping the railway administration provide better facilities to passengers.
Cases cannot browbeat me: Amarinder
http://timesofindia.indiatimes.com/Ludhiana/Cases-cannot-browbeat-me-Amarinder/articleshow/4264708.cms
14 Mar 2009, 1914 hrs IST, PTI
LUDHIANA: Former Punjab chief minister Amarinder Singh said he will not be "browbeaten into submission" by the cases being registered against him by the Parkash Singh Badal-led SAD-BJP government in the state. "I will not be browbeaten into submission or my enthusiasm will not be dampened in my campaign for Congress candidates in Punjab by the series of politically-motivated cases full of vendetta and ill-will against me," Singh told reporters here. Singh also claimed that elections were being held in two phases in Punjab only at the request of the Congress as they had expressed fear against rigging of polls in the state by the Akali-BJP combine. Singh, who is the Chairman of the state Congress's Campaign Committee, was speaking after appearing in a local court in connection with the Ludhiana City Centre case (LCC). The court of Session Judge G K Rai adjourned the hearing of the LCC case against Singh and 17 others to April 18. The mega shopping mall, LCC, was allegedly constructed illegally during Singh's regime and incurred a loss of around Rs 3000 crore for the state exchequer.
File complaints before Lok Ayukta from March 17
http://timesofindia.indiatimes.com/Mangalore/File-complaints-before-Lok-Ayukta-from-March-17/articleshow/4265053.cms
14 Mar 2009, 2210 hrs IST, TNN
MANGALORE: Senior officials of Mangalore Lok Ayukta division headed by the superintendent of police will accept complaints under the Karnataka Lok Ayukta Act in various places in the district from March 17. A press release from Udaya M Nayak, police inspector (Lok Ayukta), here stated that people may obtain the complaint form, fill it and submit along with an affidavit through the notary public at the hearing. The Lok Ayukta police will accept complaints pertaining to delay in attending to official work in government work at Ujire gram panchayat office in Belthangady taluk on March 17 from 11 am up to 1 pm, and at inspection bungalow (IB), Bantwal in Bantwal taluk from 3 pm up to 4.30 pm on the same day. The officials will receive grievances from people at IB, Sullia from 11.30 am to 1 pm, and at Puttur IB from 2.30 pm to 4.30 pm on March 23. They will also receive complaints at the Beluvai gram panchayat office from 11 am to 1 pm on March 25. People are also free to submit their petitions, grievances to SP, deputy superintendent of police or police inspector on other days during office hours. People may contact the SP on 2429197, DySP on 2443420 or PI on 2427237, the release said.
AU to host seminar on social justice
http://timesofindia.indiatimes.com/Allahabad/AU-to-host-seminar-on-social-justice/articleshow/4265011.cms
14 Mar 2009, 2229 hrs IST, TNN
ALLAHABAD: The Rajiv Gandhi Chair in contemporary studies, Allahabad University, would organise a seminar on `Social justice in India: Constitutional vision and reality.' The three-day seminar would start from March 17. The seminar holds significance in view of continuing backwardness of the downtrodden sections of the society despite constitutional guarantees on social, economic and political justice. Scholars from Delhi University, Indian Institute of Public Administration, University of Rajasthan, Jaipur, MDS University, Ajmer, CCS University, Meerut, BHU, DDU Gorakhpur University, BR Ambedkar Bihar University, LN Mithila University, Bihar, Ranchi University, Jharkhand, Jivaji University, Gwalior, Barkatullah University, Bhopal, Madras University, Chennai, Pondicherry University, Puducherry and University of Kerala, Trivendram. Justice JS Verma, former Chief Justice of India, will inaugurate the seminar. Subhash C Kashyap, former secretary general, Lok Sabha, will deliver the keynote address. KG Srivastava, officiating vice-chancellor, AU, will preside over the inaugural session. NK Jha will introduce the theme of the seminar and Krishna Gupta, professor, department of political science, Allahabad University will propose the vote of thanks.
Chidambaram issues legal notice to CPI MLA
http://timesofindia.indiatimes.com/India/Chidambaram-issues-legal-notice-to-CPI-MLA-/articleshow/4263617.cms
14 Mar 2009, 1202 hrs IST, PTI
MADURAI: Union Home Minister P Chidambaram has slapped a legal notice on CPI MLA Gunasekaran demanding an apology from him for making the allegation that the Union minister had supported allocation of 500 acres of government land to a private company in his constituency Sivaganga. "It is a total lie to say that 500 acres of land has been gifted to a private company. Some political parties are accustomed to reeling out lies and false charges for the sake of politics. My name has been dragged unnecessarily over an issue between the government and a private firm," Chidambaram said. The MLA had reportedly mentioned Chidambaram's name during an agitation led by him against the Union minister at Karaikudi on March 12 to protest allocation of land in Kazhanivasal in Sivganga district to a private firm. Chidambaram pointed out that even the Sivaganga district collector had issued a statement denying land allocation for a private firm. Only a recommendation had been made to allocate 3.5 acres to a private firm on lease basis, as there was a potential for the company to give employment to 1,500 people. Chidambaram, who represents Sivaganga constituency, recalled that the MLA had called on him on Mar 8 and "praised" him for his role in developing Sivaganga during the last three years and even sought his recommendation for some work.
1993 blasts case: CBI moves TADA court to re-examine witnesses
http://timesofindia.indiatimes.com/India/1993-blasts-case-CBI-moves-TADA-court-to-re-examine-witnesses/articleshow/4264868.cms
14 Mar 2009, 2028 hrs IST, PTI
MUMBAI: The CBI in the 1993 serial blasts case, pending against extradited gangster Abu Salem, has moved the special TADA court seeking to examine the 684 witnesses of the original marathon trial afresh. The original trial, famously known as the BBC trial, against 123 accused including Bollywood actor Sanjay Dutt took 15 years to end. Special TADA Judge D U Mulla is likely to pass an order on this application on Monday. Salem is part of the entire criminal conspiracy of 1993 serial blasts case. "We therefore want to re-examine all the witnesses in the case," Special Public Prosecutor Ujwal Nikam said. He added that as per Supreme Court directions, Section 299 of the Criminal Procedure Code (CrPC), the prosecution can rely on the depositions recorded earlier in case the deponent is dead or incapable of giving evidence or cannot be found. The move was initiated by the CBI following the Supreme Court's order on not permitting the confession of a co-accused in case of an absconding accused. Terming this as a delay tactic, Salem's lawyer Raja Thakur said, "When the prosecution opened the case against Salem, they said they would examine only 12 witnesses from the BBC trial. Why do they want to examine 684 witnesses now?"
Shahabuddin's plea for name in voters' list rejected
http://timesofindia.indiatimes.com/India/Shahabuddins-plea-for-name-in-voters-list-rejected/articleshow/4265881.cms
15 Mar 2009, 0340 hrs IST, Alok Mishra, TNN
SIWAN: In a major setback to controversial Siwan MP Mohd Shahabuddin's bid to contest the upcoming Lok Sabha polls, district election officials have rejected his plea to re-register him as a voter. The MP's name was deleted from the electoral rolls in 2005 when a non-bailable warrant of arrest, issued in connection with a criminal case, was pending against him and he was absconding. According to rules, official sources said, a voter is de-registered if he is not residing at the address furnished by him for six months or more. Shahabuddin was later arrested and is currently serving life term in the Siwan divisional jail in connection with abduction and suspected murder of CPI(ML) worker Chhote Lal Gupta on February 7, 1999. He has also been awarded imprisonment of varying durations in a few other cases, including that pertaining to the murderous attack on the then Siwan SP SK Singhal on May 3, 1996. Trial has been going on in several other cases in which he is an accused. Siwan SDO-cum-electoral registration officer Prabhat Kumar Sinha said the MP, through the jail superintendent, submitted necessary forms on May 29 last year for re-inclusion of his name in the voters' list. During investigation, the district administration found that he had been in jail for over one-and-a-half years till then. "Section 5.3 in Chapter 3 of the Handbook of Electoral Registration Officer says that the names of those languishing in jail as convicts should be removed from the voters' list," Sinha said, adding it was on this ground that he rejected the MP's plea.
EC disqualifies 3,423 candidates for non-filing of expenses
http://timesofindia.indiatimes.com/India/EC-disqualifies-3423-candidates-for-non-filing-of-expenses/articleshow/4266576.cms
15 Mar 2009, 1002 hrs IST, PTI
NEW DELHI: Election Commission has disqualified 3,423 candidates for not filing the details of the expenses incurred during the last Lok Sabha or recent assembly polls which they contested. Of them, a major chunk of 1,075 candidates are from Uttar Pradesh and 616 from Bihar who had contested the assembly polls in these two states respectively. They have been disqualified for three years, the EC said, adding that almost 99% of the candidates were independents. Noting that after elections every candidate was required to file an account of expenses, the EC said if candidates did not comply, showcause notice would be served and action taken under the Representation of the People Act. Section 10A of the Act states that if the EC is satisfied that a person has failed to submit an account of expenses within the timeframe and has no good reason or justification, it can disqualify that person for three years from the date of the order. Interestingly, seven candidates, who had contested the Lok Sabha polls, were disqualified in Uttar Pradesh, which has the maximum number of 80 seats. In Bihar, 15 candidates were disqualified. Outer Delhi Lok Sabha seat and Deeg assembly constituency in Rajasthan saw one candidate each being disqualified for not filing the accounts.
Rape victim's uncorroborated statement can be trusted: Delhi court
http://timesofindia.indiatimes.com/India/Rape-victims-uncorroborated-statement-can-be-trusted-Delhi-court/articleshow/4266437.cms
15 Mar 2009, 0848 hrs IST
NEW DELHI: A rape accused can be convicted based on statements of the victim under oath even if they are not supported by any independent witness, a Delhi court has held. "If the victim of rape states on oath that she was forcibly subjected to sexual intercourse, the said statement will clearly be accepted, even if it is uncorroborated," additional sessions judge Ravinder Dudeja said. The court said an accused could be convicted on the basis of the victim's testimony alone if it "inspired confidence" and looked "natural". "In the tradition-bound and non-permissive society of India, a woman is more conscious of the danger of being ostracised by the society and being looked down by the society and would want to avoid publicity on account of fear of social stigma," the court said. The court's observations came in a verdict, sentencing 19-year-old Sandeep Kumar, an electrician, to a seven-year jail term for raping a woman after trespassing into her house on the pretext of repairing a fault. It was alleged by the convict that the woman cannot be trusted as her testimony indicting him was not supported by any independent witness despite the fact that the alleged offence was committed in a densely populated area.
Human rights violation maximum in UP, Delhi: Survey
http://timesofindia.indiatimes.com/India/Human-rights-violation-maximum-in-UP-Delhi-Survey/articleshow/4266607.cms
15 Mar 2009, 1013 hrs IST, PTI
NEW DELHI: Uttar Pradesh has topped the list of states with maximum number of complaints relating to human rights violation and New Delhi follows a close second, according to NHRC statistics. The statistics reveal that out of the total 94,559 cases of human rights violation last year, the National Human Rights Commission (NHRC) received 55,216 from Uttar Pradesh alone. This accounts for about 58.39 per cent of the total complaints received by the Commission from across the country, followed by Delhi from where a total of 5,616 such complaints were filed till December last year. Gujarat, which stands third in the list, accounts for a total of 3,813 complaints of human rights violation. The NHRC received a total of 3,672 such complaints from Bihar. Haryana too was close with 3,493 complaints, followed by Maharashtra (3,483), Rajasthan (2,640), Madhya Pradesh (2,246) and Punjab (1,082). However, the Commission did not receive a single complaint of human rights violation from Lakshadweep, while only seven such complaints were filed from Dadar and Nagar Haveli last year.
NREGA barrier to economic development: World Bank
http://timesofindia.indiatimes.com/India-Business/NREGA-barrier-to-economic-development-World-Bank/articleshow/4266637.cms
15 Mar 2009, 1030 hrs IST, PTI
NEW DELHI: The World Bank has described the much-acclaimed National Rural Employment Guarantee (NREGA) scheme of the UPA government as a policy barrier hurting economic development and poverty alleviation. Various schemes of the Indian government like NREGA, watershed programmes and schemes for development of small and medium towns are acting as "policy barriers to internal mobility", the bank said in its 'World Development Report' 2009. The internal mobility, the report argued, is necessary as "lifting people out of poverty requires shifting populations from villages to cities". The process of migration should be encouraged, the bank said. "Negative attitudes held by (the) government and ignorance of the benefits of population mobility have caused migration to be overlooked as a force in economic development," it said. The report said economic benefits of migration are not always recognised by policy makers and, in fact, two forms of policy have been attempted in India to counter migration. "The first response has been to increase rural employment, in an attempt to stem movement out of rural areas ... These measures include the recently introduced National Rural Employment Guarantee Programme," it said.
Madras High Court judges will take up matters from March 16
http://www.hindu.com/2009/03/15/stories/2009031557790100.htm
Special Correspondent
Joint action committee of lawyers demands immediate withdrawal of notification
Lawyers not to attend courts till demand for suspension of police officers is met
Joint action committee resolves to withdraw vakkalats/memo of appearance in all courts
CHENNAI: Acting tough with the agitating advocates, the Madras High Court has issued a notification that its judges will take up matters listed before them and decide them on merit from March 16.
The High Court has further notified that in criminal matters, if advocates are not available at the time of hearing, either advocates from the panel of amicus curiae will be requested to appear for the accused or notice sent to the accused, who are on bail or in jail, informing them that they should make alternative arrangements.
The court had issued a similar instruction to Principal District Judges on Friday.
The notification has evoked sharp reaction from advocates, who say they are not at all satisfied with Friday’s court order on the incidents on the High Court campus on February 19.
President of the Tamil Nadu Advocates Association S. Prabakaran told reporters that advocates would not attend courts till their demand for immediate suspension of senior police officers responsible for the attack on lawyers was met.
The joint action committee of advocates resolved to withdraw their vakkalats/memo of appearance in all courts. The committee said the notification should be withdrawn immediately.
At a meeting here on Saturday, it resolved to abstain from courts/tribunals till the demands were met. It requested advocates not to address judges as “My Lord/Your Honour,” and, instead, address them as “Mr. Judge or Sir.”
Another resolution requested advocates to desist from attending functions of the Supreme Court, High Court and district judges, or those organised by courts and tribunals.
The committee said legal aid panel lawyers should not accept any brief referred by any court or any assignment as amicus curiae.
Confusion over Food Adulteration Act
http://www.hindu.com/2009/03/15/stories/2009031556510100.htm
N.J. Nair
Central government has not given any guidance on implementation
THIRUVANANTHAPURAM: The Central government decision to enforce the provisions of the Prevention of Food Adulteration Amendment Rules in the State from March 19 is understood to have created confusion among State government officials, manufacturers and traders.
While setting a deadline for implementing the rules, the Union Ministry for Health and Family Welfare has not given any guidance to the State government on disposing of the existing stock of packaged food products which do not meet the specifications of the amended rules.
Official sources told The Hindu that on enforcing the rules, manufacturers will have to compulsorily furnish nutritional information of food products on the packets. Stringent action, including imprisonment will be initiated against those who fail to comply. If implemented in its true spirit, food inspectors will have to take action against manufacturers and traders. Replenishing the stock according to the standards set in the rules will be a tough task. Being a consumer State, Kerala is a potential market of many major food producers and would be the first State to feel the pinch, sources said. In the absence of precise directions from the Union Ministry, the State government officials are groping in the dark about the measures to be initiated before implementing the rules.
As per the amended rules, the name of the ingredients used in a product at the time of manufacturing should be listed in the packet. A variety of products, including wheat, rice, cereals, spices, salt, jaggery, packaged drinking water, mineral water and such products have been exempted from the rules. In the case of food products which do not have shelf-life for more than a week, producers need not have to mention the manufacturing date, but will have to furnish the expiry date.
Though the rules have been amended in the interest of the consumer, the Centre should give some time for the State governments to implement it.
“Law can’t turn a blind eye to breakdown of marriage”
http://www.hindu.com/2009/03/15/stories/2009031559620800.htm
J. Venkatesan
New Delhi: The Law Commission has recommended to the Centre that ‘irretrievable breakdown of marriage’ be incorporated as an additional ground for grant of divorce under the Hindu Marriage Act (HMA), 1955.
The suo motu suggestion for immediate action comes within days of the Supreme Court denying divorce to a husband on the ground of ‘irretrievable breakdown.’ A Bench held that it was for Parliament to amend the law and that the court could not add new grounds in the statute.
In its report to be submitted to the government next week, the Commission, headed by Justice A.R. Lakshmanan, said: “The foundation of a sound marriage is tolerance, adjustment and respecting each other. Tolerance of each other’s fault to a certain extent has to be inherent in every marriage. The court does not have to deal with ideal husbands and ideal wives. It has to deal with the particular man and woman before it.”
The report said: “Once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of that fact, and it would be harmful to society and injurious to the interest of the parties. Where there has been a long period of continuous separation, it may fairly be surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie; by refusing to sever that tie, the law in such cases does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties.”
The Commission said: “The public interest demands not only that the married status should, as long as possible and whenever possible, be maintained, but where a marriage has been wrecked beyond the hope of salvage, the public interest lies in the recognition of that fact. Since there is no acceptable way in which a spouse can be compelled to resume life with the consort, nothing is gained by trying to keep the parties tied forever to a marriage that in fact has ceased to exist.”
At present ‘irretrievable breakdown of marriage’ was not one of the grounds for divorce mentioned in Section 13 of the HMA. Citing earlier Supreme Court judgments which pointed out the lacuna in the law, the Commission said the legislature had not thought it proper to provide for dissolution of marriage on this ground.
The Commission said: “Whenever the question of inclusion of ‘irretrievable breakdown of marriage’ as a ground for divorce is mooted, the opponents argue that ‘divorce’ by mutual consent introduced in the HMA in 1976 more than covers the situation. It is important to note that mutual consent requires the consent of both parties and if one or the other does not cooperate, the said ground is not available.”
“Irretrievable breakdown of marriage, on the other hand, is a ground which the court can examine and if the court, on the facts of the case, comes to the conclusion that the marriage cannot be repaired or saved, divorce can be granted. Law cannot turn a blind eye to such situations, nor can it decline to give adequate response to the necessities arising therefrom.”
Honour killing: lower court’s order upheld
http://www.hindu.com/2009/03/15/stories/2009031554820700.htm
Staff Reporter
NEW DELHI: The Delhi High Court has upheld a judgment by a lower court here sentencing a woman and her daughter to life imprisonment for killing her elder daughter at Uttam Nagar in West Delhi in 2002 to protect “the honour of the family in society.”
The two, mother Darshana and her daughter Rajni, had killed Raj because she had conceived in an illicit relationship.
The two thought that no one would marry Rajni if people came to know about her unwed pregnancy, the prosecution said.
The Court cancelled Rajni’s bail and directed her to surrender and undergo the remainder of her sentence. Her mother is already in judicial custody.
Commenting on the facts of the case, the Court said: “The appellants are the unfortunate victims of social thinking in India. They acted thinking that by doing away with Raj they could hide the social shame and stigma of her being an unwed mother. ”
‘Form anti-women harassment councils’
http://www.hindu.com/2009/03/15/stories/2009031552710300.htm
Special Correspondent
Rally taken out denouncing female foeticide
OMALUR: Making a plea that girl children should be allowed to live, women, in hundreds, took out a massive rally on Saturday urging the government to enforce stern measures against abominable practices of female foeticide and infanticide.
The rally organised by ‘Rights Trust’ to mark the International Women’s Day, covered important thoroughfares in the town. The participants carried placards denouncing female foeticide. Omalur has the lowest sex ratio at birth of below 750 live births against 1000 male births in the State. Omalur DSP R Sivakumar flagged off the rally.
Later a seminar on ‘Women’s rights,’ was also organised in which women activists, judicial officers and others participated. Chief Judicial Magistrate K. Elayarani said that efforts were made to make the women aware of their rights legally. Social activists Umarani Selvaraj wanted the women to have courage and confidence while Lifeline Trust Director K. Kalpana recollected her experiences on the fight against female infanticide in Omlaur block.
Omalur Town panchayat chairman R Mohan, Omalur union chairperson Uma Maheshwari Thangaraj and Trust Directors P. Sumathi, P. Vijayal, A. Asokan, P. G. Vidyasagar, V. Govindaraj and S. D. Kumaresan also spoke on the various issues that concerned with women’s rights. The seminar resolved to urge the state to form anti-women harassment councils at work places both in private and government offices. The social justice department should not ignore the complaints on family disputes and solve their problems. Police stations should not resort to mediations on complaints, particularly in cases concerning with women’s issues.
Judiciary in State facing difficult times: Gokhale
http://www.hindu.com/2009/03/15/stories/2009031559840900.htm
Staff Reporter
Actions of “some people” have damaged image of the Bar
MADURAI: The judiciary in the State is passing through difficult times and actions of “some people” have damaged the image of the Bar, said Chief Justice of the Madras High Court Hemant Laxman Gokhale here on Saturday.
Replying to the welcome address on his maiden visit to the Madurai Bench, he quoted a Tirukkural couplet – “Do not do that which your better sense tells you not to, you will regret later for having done that.” The spurt in the number of public interest litigation petitions showed that people were unhappy with the executive.
“More and more people are coming to the courts… and we (Bench and Bar) have to meet their expectations,” he said.
“I appeal to you to render full assistance to the Bench to see to it that all courts functioned to the best of their ability so that justice is done to litigants,” he told a gathering of government advocates, judicial officers and court staff. Additional Advocate General T. Raja said that the Chief Justice had delivered several landmark judgments, including granting three hours of extra time to a student suffering from cerebral palsy to write examinations.
In another judgment delivered in the Bombay High Court in 2000, Mr. Justice Gokhale had exempted women litigants, except those who were directors or partners of private companies, from payment of court fee. “Each one of the judgments not only sent a strong and clear message but also exhibited your lordship’s clear vision and purpose,” Mr. Raja said.
Judges F.M. Ibrahim Kalifulla, M. Chockalingam, S.K. Krishnan, P. Murgesen, S. Manikumar, A. Selvam, K.K. Sasidharan, M. Venugopal and V. Periya Karuppiah participated.
Log record submitted to High Court
http://www.hindu.com/2009/03/15/stories/2009031559560600.htm
Special Correspondent
CHENNAI: The government on Saturday submitted to the Madras High Court the log record and general diary of the police station concerned, complying with a court order with regard to the incidents on the High Court campus on February 19.
The First Bench, comprising Chief Justice H.L. Gokhale and Justice F.M. Ibrahim Kalifulla, on Friday directed Government Pleader Raja Kalifulla to produce the log record and general diary of the police station concerned by Saturday. Accordingly, the documents were submitted.
“No judges in consumer courts in 24 districts”
http://www.hindu.com/2009/03/15/stories/2009031553220300.htm
Special Correspondent
CUDDALORE:Executive secretary of the Consumer Confederation of India M. Nizamudeen has said that consumer courts in 24 districts are functioning without a judge for the past two years.
Addressing a press conference here, Mr. Nizamudeen said that this had resulted in accumulation of consumer-related cases much beyond the stipulated 90 days clearance.
Though the Centre had sanctioned funds to the State government specifically for the construction of consumer courts, the funds were not properly utilised, he said.
Stressing these demands, consumer organisations would stage a hunger strike in Chennai on March 17.
Secretary of the Consumer Guild of Tamil Nadu C.D. Appavu also said that all measures should be taken for the proper functioning of consumer courts.
Chamber of Additional Public Prosecutor attacked
http://www.hindu.com/2009/03/15/stories/2009031552500300.htm
Special Correspondent
The incident was sequel to the attack on Friday
VELLORE: The chamber of M. Parthiban, Additional Public Prosecutor, Fast Track Court, Vellore, on the Integrated Courts Complex here was allegedly attacked by a group of advocates on Saturday. Saturday’s incident was sequel to the attack on Friday when there was a scuffle between lawyers belonging to the Bar Association, Vellore, who were boycotting the courts indefinitely, and the Dravida Munnetra Kazhagam men who included some lawyers.
The glass panes of the chamber were broken in the attack on Saturday.
Based on a complaint filed by Mr. Parthiban, the Sathuvachari police have registered a case against Mohan and some other advocates in connection with the incidents on both days.
Kiran Bedi wants special courts for domestic violence cases
http://www.hindu.com/2009/03/15/stories/2009031554010500.htm
Special Correspondent
Cases not being disposed of in 60 days, says advocate
Bangalore: The judiciary should play a “pro-active and innovative” role in implementing Protection of Women from Domestic Violence Act, 2005, and set up special courts to ensure speedy disposal of cases that come under it, said Kiran Bedi, the country’s first woman IPS officer.
Speaking at a seminar on “Domestic Violence: Issues and Challenges”, organised by the Women Empowerment Committee of the Rotary Club of Bangalore on Saturday, she suggested that an expert team be set up to zero in on the reasons for judicial delay.
The discussion followed an observation by High Court advocate Rama Iyer who said that cases were not disposed of within 60 days as stipulated in the Act and emphasised the need for special courts with “sensitive judges” to deal with them.
The former Karnataka State Women’s Commission president Pramila Nesargi said the aggrieved women were not getting interim order within three days as mandated by the Act.
Justice N. Kumar, judge of the High Court, suggested that lawyers invoke the provisions of “writ of mandamus” if the courts were delaying judgment beyond 60 days as provided by the Act.
Ms. Bedi emphasised the need to open more family counselling centres and increase legal literacy on the Act.
There should be regular programmes in the media so that information about the Act was “constantly transmitted” just as commercial advertisements.
She said that “Indian crime clock” on women was ticking at an alarming rate, with one woman beaten every minute, one dowry death occurring every 77 minutes and one act of cruelty on women reported every nine minutes.
On the international scale, India stood third on abuse of women, with 45 per cent of women admitting to suffering it, she said. She said that wives were treated as “utility services” by men.
S.T. Ramesh, Additional Director-General of Police (Recruitment and Training), said that Karnataka police were being trained to deal with “gender-neutral ways” through a UNICEF-funded Gender Sensitisation and People-Friendly Police Project.
However, sexism continued to be a “vexing problem”.
Judge cautions against unfair criticism of judiciary
http://www.hindu.com/2009/03/15/stories/2009031558290300.htm
Web site of judicial officers’ association launched
Kochi: Supreme Court judge Cyriac Joseph on Saturday said that judicial officers and judges should maintain absolute integrity and honesty so that there would not be any room for criticising the judiciary.
Inaugurating the 57th annual general body meeting of the Kerala Judicial Officers’ Association (KJOA), Justice Joseph said that the judiciary was passing through a difficult period. There had been “deliberate attempts to malign” the judiciary by persons who were at the receiving end of various judicial actions. Persons in the legislature, executive or the government who did not get favourable orders, “retaliated in a sadistic” manner against the judiciary. He said this was because they could not target an individual judge who passed the relevant order since such a move might give rise to contempt of court proceedings.
He said that sometimes, a section of the media also resorted to such “unhealthy and destructive criticism” of the judiciary. It often made “a mountain out of a molehill” by exaggerating minor things in the judiciary. He stressed the need for the practice of austerity by judicial officers. Austerity “is a virtue and luxury a scandal for judges”.
He called upon the judicial officers to avoid extraneous considerations in their decisions.
Launching the web site of the association, acting Chief Justice Kurian Joseph said that the seniority list of various judicial officers would be published soon.
Presiding over the function, P. Mohanadas, president of the association, demanded raising the age bar of district judges for elevating them to the High Court and also the re-fixing the ratio of appointment of High Court Judges from the judicial service and the bar at 50:50.
P.S. Antony, vice-president of the associaton, welcomed the gathering. G. Pramod Kumar, secretary, proposed a vote of thanks.
Sub-court sought in Kannur
http://www.hindu.com/2009/03/15/stories/2009031551550300.htm
Special Correspondent
Existing sub-courts situated in two ends of the district
Action committee warns of agitation if plea is ignored
KANNUR: The longstanding demand to establish a sub-court in Kannur town will be raised with the support of political parties, local bodies, people’s representatives and mass organisations, according to an action committee.
Chairman of the action committee P.P. Lakshmanan and Kannur Bar Association president T. Nisar Ahamed said at a press conference here on Saturday that Kannur was one of those rare revenue district/taluk headquarters in the country without a sub-court — an original and appellate court with civil-criminal jurisdiction between the district court and munsif-magistrate courts and has powers to decide civil suites up to the value of Rs. 1 lakh and to inflict imprisonment up to seven years in criminal cases.
At present, 60 per cent of cases being handled by the sub-courts at Thalassery were from Kannur taluk, including government-related cases in which the district administration headquartered in Kannur town was one of the parties.
Thalassery had a principal sub-court and an additional sub-court and a third sub-court in the district was at Payyannur in Taliparamba taluk. Litigants in Kannur taluk were facing inconveniences as the existing sub-courts were located in two ends of the district, Mr. Lakshmanan and Mr. Nisar said.
They said that the district court was functioning at Thalassery because the town was the judicial headquarters of the district. All other courts located in Thalassery had clear jurisdiction, they said adding that the demand that courts having jurisdiction outside Thalassery taluk be established there was not acceptable.
Pending cases
They said that there was a huge backlog in the sub-courts at Thalassery because of the large number of pending cases from Kannur and Thalassery taluks.
As a result of repeated representations over the past several decades, the High Court had sanctioned a sub-court for Kannur, they said adding that a powerful lobby was apparently working against the establishment of the court here. It was now the government’s responsibility to set up the sub-court, they added.
Mass agitation
They said that the town has all the facilities required to set up a sub-court. If the government turned a blind eye to the demand, the action committee would resort to mass agitation, they said.
MVR to move Supreme Court
http://www.hindu.com/2009/03/15/stories/2009031553920500.htm
Special Correspondent
High Court Division Bench ruling on Pariyaram poll
KANNUR: Communist Marxist Party (CMP) leader M.V. Raghavan has said there is an element of puzzle in the High Court Division Bench ruling dismissing an appeal questioning the court’s Single Bench ruling upholding the election to the governing body of the cooperative society controlling the Pariyaram Medical College.
Mr. Raghavan, former chairman of the Kerala State Cooperative Hospital Complex and Centre for Advanced Medical Science (KSCHC & CAMS), said at a press conference here on Saturday that he would approach the Supreme Court against the ruling that asked the appellants to take up the complaint before the Cooperative Tribunal.
He said the time for approaching the tribunal had already expired.
He said he would appeal to the Supreme Court against the ruling.
The case
It was alleged that the Communist Party of India (Marxist) had rigged the election held on September 23, 2007.
Mr. Raghavan said the CPI(M), which had taken an uncompromising stand on seat sharing, was now forced to tone down its earlier position.
FERA proceedings quashed by Delhi High Court
http://www.hindu.com/2009/03/15/stories/2009031557300400.htm
Staff Reporter
Two cases filed against elderly couple 22 years ago
Continuation of proceedings will not serve the interest of justice: High Court
The CBI had filed a separate charge-sheet against the couple
NEW DELHI: The Delhi High Court has quashed prosecution proceedings against an elderly couple initiated 22 years ago by the Enforcement Directorate under the now-defunct Foreign Exchange Regulation Act (FERA), saying continuation of proceedings “will not serve the interest of justice”.
Quashing the proceedings against 79-year-old S. K. Bahadur and his 80-year-old wife Asha Bhatnagar, Justice S. Muralidhar said: “Keeping in view the facts and circumstances of the case, the Court is of the view that pendency of two criminal complaints against the two, who are 79 and 80 years old respectively, and in particular when even arguments on the charges have not been heard for 22 long years, will not serve the interest of justice.”
However, Mr. Justice Muralidhar made it clear that the Court had passed the order on the peculiar facts of the present case. The Directorate had filed two separate cases against the couple following seizure of 2,596 dollars and 1,220 sterling pounds and certain other documents during a Central Bureau of Investigation raid at their residence on Satya Marg in Chanakyapuri on December 4, 1987. Mr. Bahadur at that time was a Joint Secretary and Legal Adviser in the Union Commerce Ministry.
The Directorate alleged that Mr. Bahadur has gone abroad in 1984 and acquired 294,100 Japanese yen and 15,490 (Hong Kong) dollars. It had filed complaints against the couple alleging that acquisition of foreign currencies by them was in contravention of FERA as they did not have permission of the Reserve Bank of India.
The CBI had filed a separate charge-sheet against the couple under the Prevention of Corruption Act for possessing assets disproportionate to their known sources of income.
The petitioners had sought quashing of the proceedings in the FERA cases submitting that despite the lapse of so many years charges were yet to be framed.
Judgment of lower court upheld
http://www.hindu.com/2009/03/15/stories/2009031557260400.htm
Staff Reporter
NEW DELHI: The Delhi High Court has upheld a judgment by a lower court here sentencing a woman and her daughter to life imprisonment for killing her elder daughter at Uttam Nagar in West Delhi in 2002 to protect “the honour of the family in society”.
The two, mother Darshana and her daughter Rajni, had killed Raj because she had conceived in an illicit relationship. The two thought that no one would marry Rajni if people came to know about her unwed pregnancy, the prosecution said.
The Court cancelled Rajni’s bail and directed her to surrender and undergo the remainder of her sentence. Her mother is already in judicial custody. Commenting on the facts of the case, the Court said: “The appellants are the unfortunate victims of social thinking in India. They acted thinking that by doing away with Raj they could hide the social shame and stigma of her being an unwed mother. We feel sorry for the mother and the daughter, more so for Rajni whose life would be spent in the four corners of a prison but our sympathy cannot be a justification to bend the law.”
The Court expressed hope that the Government would take into account its feelings about the two convicts in case the two filed any mercy petitions.
FCI violating Punjab VAT Act, says court Saurabh MalikTribune News Service
http://www.tribuneindia.com/2009/20090315/punjab.htm#14
Chandigarh, March 14The Punjab and Haryana High Court has held that the Food Corporation of India (FCI) is violating Section 16 of the Punjab Value Added Tax Act, 2005. The Section prohibits the corporation to charge sales tax for goods falling under Schedule “A”, pertaining to tax-free items.
The ruling by the Division Bench of Justice MM Kumar and Justice HS Bhalla comes on a petition filed by Garg Cattle Feed Industries against the corporation and other respondents.
The Bench, at the very onset, observed: The short question arising in the petition is whether the respondent-corporation is entitled to charge tax on the sale of damaged food grains, despite the fact that it is a tax free item falling under Schedule “A” of the Act.
The Bench observed the petitioner was engaged in manufacturing and sale of cattle feed and was registered as an approved party for purchase of damaged food grains from the corporation. The petitioner was awarded tender for the disposal of damaged food grain for cattle feed.
The petitioner pleaded it was not liable to pay sales tax on damaged food grains, as no tax was payable under the Act on such sales and, in fact, the corporation was actually prohibited from “collecting sales tax on the sale of tax-free goods as per Section 16 of the Act”.
The Bench asserted in “such like circumstances, the petitioner had no other option but to knock at the door of this court by filing a writ petition” for directing the respondents to deliver the damaged food grains, subject to the payment of amount mentioned in the tender, “without charging any VAT/sales tax”.
Speaking for the Bench, Justice Bhalla ruled: In fact, the corporation is violating Section 16 of the Act, which prohibits it to charge any sale tax for the goods, which fall under Schedule `A'. What is exempted under the Schedule is cattle fodder and the definition of cattle fodder would also include damaged rice.
“In the present case, viewing the matter from every angle, it is crystal clear that the petitioner is not liable to incur liability of sale tax and the question posed is answered in favour of the petitioner and against the respondents....The writ petition filed by the petitioner succeeds and is allowed”.
Before parting with the orders, Justice Bhalla ruled: Accordingly, the respondent-corporation is directed to deliver the damaged foodgrains to the petitioner without charging any VAT/sales tax, since the goods are cattle feed and are exempt from levy of tax under Section 16 of the Act.
HC: Punjab violated ‘canons of justice’ Fresh inquiry against reinstated copSaurabh MalikTribune News Service
http://www.tribuneindia.com/2009/20090315/punjab.htm#15
Chandigarh, March 14Punjab has violated all the norms of justice in a service matter. After losing legal battle “up to the last court” on technical grounds, the state reinstated a cop dismissed from service and allowed him to join duty.
But simultaneously placed his services under suspension from the date of his dismissal some eight years back. The Punjab and Haryana High Court believes by doing so, the state and other respondents acted “contrary to all canons of justice”.
Ex-constable Massa Singh was placed with the 80th battalion of Punjab armed police, when his services were initially placed under suspension on March 9, 1988, on the allegations of creating nuisance in a mess under the influence of liquor.
The suspension was followed by an inquiry and dismissal from service on May 24, 1988. The dismissal orders, however, failed to find favours with the courts. A special leave petition too was dismissed in July 2006.
He was allowed to join duty, but the services were placed under suspension and a fresh departmental inquiry was initiated, compelling him to move the high court through counsel RS Bajaj.
After hearing Bajaj, Justice Permod Kohli observed: “It appears the respondents decided to inquire the matter primarily on the ground that the earlier order of dismissal, and that of the appellate authority, and the inquiry, were set aside on technical grounds, due to non-observance of principles of natural justice.
“It is, however, not disputed that the subsequent inquiry relates to the same incident and on the same facts and circumstances.
From the perusal of the judgment of the trial court, it is evident the order of dismissal of the petitioner and that of the appellate authority were set aside not merely on the basis of non-observance of principles of natural justice, but also on the ground that the inquiry was not conducted in accordance with law, and the petitioner was not permitted to defend himself….
“I am of the considered view that once the order of dismissal and the appellate order have been set aside by the civil court and the order of the civil court has been upheld up to the Supreme Court, the respondents cannot be permitted to re-agitate and re-determine the issue afresh and nullify the judgment and the decree of the civil court by their administrative action.
“Apart from that, fresh inquiry is not sustainable in law. The respondents have placed the petitioner under suspension retrospectively with effect from the date of his dismissal, which order has been quashed by the civil court and has attained finality. Such an action is also contrary to all canons of justice”.
Non-residents can’t seek info from govt dept under RTI Ravi Krishnan KhajuriaTribune News Service
http://www.tribuneindia.com/2009/20090315/j&k.htm#4
Jammu, March 14Even though Chief Minister Omar Abdullah kept his word setting out the regime of right to information for the people replacing the flawed J&K RTI Act 2004, the Draft Bill passed by the state legislative Assembly still has certain glitches.
Though Governor NN Vohra’s assent would pave the way for the Draft Bill to become a legislation, it has no provision for non-residents to access information from the state government departments, said Dr Raja Muzaffar Bhat, convener, J&K RTI Movement.
The permanent state residents could seek information from the Central government departments via the Central Act, but non-residents had been kept out of the purview of the Draft Bill, he added.
Further, the state government after putting up the Bill on official website had solicited suggestions to come up with a foolproof Bill in the Assembly but our submissions were simply given a cold shoulder, he said.
However, State Law Secretary AH Kochak out rightly denied the charges. “Suggestions will be given due consideration. However, if required, further amendments could be incorporated later,” said Kochak.
Dr Bhat said, “We have suggested that the committee should appoint the Chief Justice of the state high court as a state Information Commissioner or IPOs despite a Cabinet minister to ensure Commission’s integrity.
Under this Bill, the committee headed by the Chief Minister has leader of the Opposition and a Cabinet minister, he added. Similarly, the Bill still has several typographic errors reflecting hurriedness on the part of the state government, he said.
Our suggestion of entertaining applications written in regional languages other than the official languages (English, Urdu and Hindi) was also neglected, he added.
Talking to The Tribune Commonwealth Human Rights Initiative (CHRI) programme coordinator in India, Venkatesh Nayak said, we had made 29 recommendations, out of which only one minor change was incorporated.
He said, “Instead of expanding the scope of Section 3 of the Bill, the state government drastically narrowed it down by providing the right to seek and obtain information only to the people residing in the state.”
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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