LEGAL NEWS 04.01.2009

HC dismisses petitions against Kodikunnil
http://keralaonline.com/news/hc-dismisses-petitions-kodikunnil_29445.html
Kochi, Wednesday 01 April 2009: A Division Bench of the Kerala High Court dismissed writ petitions seeking a direction to the Returning Officers concerned not to accept the nomination papers of Congress candidate in Mavelikara Kodikunnil Sureh and CPM candidate in Alathur P.K. Biju on grounds that their claims of caste were false.
The Bench comprising Chief Justice B.R. Bannurmath and Justice Kurian Joseph observed that under section 36 of the Representation of the People Act 1951, at the time of scrutiny of nomination papers, it was mandatory for the Returning Officer to examine the papers and decide all objections made to any nominations.
The officer might either on such objections or on his own motion, after such summery inquiry, if any, reject or accept the nomination papers. The Returning Officer had to act independently in deciding the validity or otherwise of the nomination papers. The officer was not bound by any directive or instruction of his superiors, including the Election Commission.
The Bench pointed out that if there was any dispute on caste, it was open to the contesting candidates to take objection on the grounds mentioned in the writ petitions and the Returning Officer could consider the same. Therefore, the court said that it did not think it proper to exercise its extra ordinary jurisdiction of writ under Article 226 to decide the question of facts raised by the petitioners.
In their petitions, T. Biju, central committee member of the Nationalist Congress Party, and another person, alleged that Mr. Suresh was a Christian by birth. His real name was J. Moniyan. He did not belong to Cheramar as claimed by him. The petition filed against Mr. Biju said that though the candidate claimed that he was a Hindu Dalit, he was really a Christian.




Register FIR for trespass: HC tells police
http://timesofindia.indiatimes.com/Chandigarh/Register-FIR-for-trespass-HC-tells-police/articleshow/4341791.cms
1 Apr 2009, 0323 hrs IST, TNN
CHANDIGARH: Observing that prima facie a case of criminal tresspass was existing against Fun Republic (FR) management which had constructed a wall to block the entry to a shop, Suraj Shopping Centre, run by Sandeep Arora in the building, justice Surya Kant of Punjab and Haryana High Court on Tuesday directed SHO, Manimajra to comply with the HC’s earlier order to register an FIR within two days, failing which the UT SSP has been told to appear before the court. Arora had moved the HC seeking directions to register a case of criminal trespass and for restoration of possession of the shop. During previous hearings, while issuing notice of motion, the SHO, Manimajra, was directed to appear before the court and produce DDR to explain steps, if any, taken. It was submitted by Chetan Mittal, counsel for Arora, that the petitioner had three shops in the shopping mall and was paying rent regularly. However, some dispute arose and the management entered into a compromise and shifted him to the food court. But suddenly on the midnight of February 12, 2009, “they forcibly took possession by constructing a 29-ft wide wall blocking the entire premises. Even the counters were pushed inside leaving no space to enter the shop,” he said. The matter was reported to police but no action was taken, the petitioner alleged. The case has now been adjourned to April 2.





Police job scam: HC to hear contempt petition on April 6
http://timesofindia.indiatimes.com/Allahabad/Police-job-scam-HC-to-hear-contempt-petition-on-April-6/articleshow/4340814.cms
31 Mar 2009, 2225 hrs IST, TNN
ALLAHABAD: The Allahabad High Court on Tuesday fixed April 6 for hearing the contempt petition filed against the senior police officials of the state. The petition has been filed by constables whose services were annulled by the state government in the police recruitment scam case. Justice SU Khan fixed the hearing on a contempt petition filed by Sanjai Kumar Singh and others, whose services were terminated by the state government after the Shailja Kant committee report. The dismissed constables have sought implementation of the high court's order passed in their favour and also punishment of the erring police officers, who failed to obey the court order. The petitioners stated that despite high court's order, they had still not been reinstated. It may be recalled that the special appeal bench of the HC had upheld the decision of a single judge bench of the court and had also passed a detail judgment quashing the termination orders passed by the state government, whereby services of about 23,000 constables were annulled in police recruitment scam case.





HC judges to peddle green message
http://timesofindia.indiatimes.com/Chandigarh/HC-judges-to-peddle-green-message/articleshow/4341787.cms
1 Apr 2009, 0317 hrs IST, Vishal Sharma, TNN
CHANDIGARH: With the city being virtually choked by the vehicular explosion that is causing serious damage to its verdant beauty, and the spectre of global warming looming large, quite a few judges of the Punjab & Haryana High Court have decided to zero in on the modest bicycle in an effort to hardsell the ‘go green’ movement. Converging under the banner of the Asia Pacific Jurists Association (APJA), the judges, along with lawyers, will pedal their way from the Open Hand monument to the Sector 16 cricket stadium crossing and back on April 2 evening. The cycle rally will be flagged off by chief justice Tirath Singh Thakur, who is said to be keen to be part of this drive against the reckless assault on the city’s pristine beauty by the ever increasing number of vehicles. Justices Surya Kant, Rajesh Bindal, Rakesh Kumar Jain, RK Garg and AG Masih are learnt to have made special efforts to ensure the coming bicycle rally, likely to be attended by as many as ten judges, sends a strong and convincing message of pollution-free existence to the public. It is also learnt the drive is the brainchild of these judges who feel merely belting out orders will not suffice and the need of the hour is to take the bull by the horns. APJA secretary general Atul Lakhanpal emphasized the association was keen to make Chandigarh a - peace city that put people’s welfare first, and promoting the use of bicycles as a healthy and environmental friendly way of transport was part of this strategy. The leitmotif of APJA’s ‘go-green’ campaign is to push for rational use of vehicles by laying stress on car pools, a weekly off for vehicles in the city, walking short distances and motivating more and more people to cycle. Another major objective of the association is to spread the message of judicious use of water through this bicycle rally. As has been its forte, the association will also hammer on water conservation and water resource management even as it would raise the issue of mounting pressure on the sources of water for drinking, agriculture, industry and energy purposes. Formed in 2004, APJA boasts over 200 members, including judges, lawyers and educationists. Former Punjab & Haryana High Court CJ Vijender Jain played a key role in building the organization as its patron-in-chief.





HC further stays govt directive on casinos
http://timesofindia.indiatimes.com/Goa/HC-further-stays-govt-directive-on-casinos/articleshow/4341505.cms
1 Apr 2009, 0118 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Tuesday further stayed till April 16 the state government's directive to six floating casinos to shift from their current location to the area near Aguada bay. The court passed the order while hearing the petitions filed by five casino operators -- M V Caravela, Leela, Casino Royale, Arabian Sea King and Pride of Goa. The petitioners claimed that the government had issued them notices in spite of their casinos possessing all necessary permissions to operate in the Mandovi river. The casino operators pointed out that the notices were in violation of the principles of natural justice and fair play. When the petitions came up for hearing on Tuesday, the five casino operators filed rejoinders claiming that their casinos did not cause any navigational problems to barges and river cruises operating in the Mandovi as was claimed by the government. Such navigational hazards could however arise if they were to operate near the Aguada bay as the sea is much rougher there, the petitioners pointed out. They also alleged non-application of mind by the authorities while issuing them notices as there was no scientific basis for the fears expressed by the authorities. The casino operators also argued that any such decision to shift them to the Aguada bay would adversely affect their business, so much so that they may even have to close down operations. In the event of such closure, no public interest would be served as it would render their employees jobless, they further said. At this point, advocate general Subodh Kantak told the court that the state government would like to file a reply to the rejoinders submitted by the casino operators. Subsequently, the court posted the matter for April 16 and directed the government to file its reply.





14 additional HC judges sworn in
http://timesofindia.indiatimes.com/Cities/14-additional-HC-judges-sworn-in/articleshow/4341694.cms
31 Mar 2009, 2358 hrs IST, TNN
CHENNAI: Fourteen new additional judges of the Madras high court were sworn in at a function here on Tuesday. Chief Justice Hemant Laxman Gokhale administered the oath of office to the new appointees. Those sworn in were R S Ramanathan, B Rajendran, Raja Elango, D Hariparanthaman, C T Selvam, CS Karnan, N Kirubakaran, M M Sundresh, T S Sivagnanam, M Duraiswamy, T Raja, R Mala, Aruna Jagadeesan and G M Akbar Ali. Advocate general G Masilamani welcomed the new judges. The new judges also addressed the gathering of advocates, including office-bearers of various lawyers' bodies. Earlier, registrar-general A Arumugaswami read out the warrants of appointment. With the induction of 14 new additional judges, the high court's strength has gone up to 58, as against a sanctioned strength of 60. The new judges comprise 11 members of the bar and three elevated to the higher judiciary from the rank of district judge. Advocates who are representing the government or have appeared for the government figure among those made judges.Raja Elango was the public prosecutor in the High Court since June 2006, while T Raja was additional advocate-general in the Madurai bench since February 2008. C T Selvam, grandson of Justice party stalwart, late Sir AT Pannirselvam, a barrister, was an additional public prosecutor since June 2006. C S Karnan had been government advocate (civil suits) and a central government standing counsel in the high court. M M Sundresh was a government advocate between 1991 and 1996. B Rajendran, hailing from Tiruchi, has been legal advisor to a host of institutions like Bharathidasan University, Tamil Nadu Electricity Board and some nationalised banks. Among the new appointees, Ramanathan, Sivagnanam, Kirubakaran and M Duraiswamy have been specialising in various fields of law, including civil, criminal, constitutional and corporate law. Hariparanthaman is a labour law specialist. The three new judges drawn from the judiciary are familiar names in the public domain. Mala was the first woman to be made registrar-general in the high court, the position she was holding until her appointment. She has been a district judge since 1997. Aruna Jagadeesan, daughter of freedom fighter and labour leader K Appanraj, is also an experienced district judge, and was registrar (vigilance) in the high court until her elevation. Akbar Ali was member-secretary of the National Legal Services Authority in New Delhi, and was associated with the state legal services authority earlier. He was also director of the Tamil Nadu state judicial academy. As district judge, he has handled several important trials and other criminal matters.





HC upholds exclusion of vigilance commission
http://timesofindia.indiatimes.com/Cities/HC-upholds-exclusion-of-vigilance-commission/articleshow/4341696.cms
31 Mar 2009, 2358 hrs IST, TNN
CHENNAi: The Madras high court has upheld the state government's
order exempting the state vigilance commission and the directorate of vigilance and anti-corruption (DVAC) from the purview of the Right to Information Act, 2005. A division bench, comprising Chief Justice H L Gokhale and Justice F M Ibrahim Kalifulla, dismissed a writ petition from P Pugazhendi, an advocate, seeking the quashing of an order dated August 26, 2008. by which the government invoked its powers under Sec 24(4) of the RTI to declare that the law shall not apply to the state vigilance commission and DVAC. Several activists working for the right to information had questioned the government's move when the order was passed, wondering what was the need for the government to remove these organisations dealing with corruption among public servants to be exempted from the RTI. The petitioner had raised several grounds to assail the exemption granted to the vigilance bodies from the law's purview. He had pointed out that the CBI had not been kept out of the RTI even though it was also dealing with corruption cases pertaining to public servants under the Central government. He also argued that the state government's exercise of its power to exempt the DVAC amounted to destroying the ideal of transparency in public administration. However, the bench rejected these arguments. Referring to the point about the CBI, the court said the sub-sections of the Act concerning the central and state governments' power to exempt organisations involved in intelligence and security were separate provisions, and there was no need for one to be mixed up with the other. On the point about erosion of transparency, the bench noted that the preamble to the legislation permitted "preservation of confidentiality" about sensitive information. The bench noted that the order had itself mentioned that these organisations primarily dealt with investigation into alleged corrupt activities of public servants. "It is stated that confidentiality and secrecy in certain cases are required to be maintained right from initial state up to the filing of chargesheet (in cases that lead to criminal proceedings) and up to the final order in disciplinary proceedings. The bench agreed with the government's contention that giving information relating to such proceedings would "lead to unnecessary embarrassment and definitely hamper due process". "In our view, the state has given sufficient reasons as to why it was exercising powers under Sec 24(4)," the bench said, and dismissed the petition.





Financiers free to seize vehicles: HC
http://timesofindia.indiatimes.com/India/Financiers-free-to-seize-vehicles-HC/articleshow/4342130.cms
1 Apr 2009, 0358 hrs IST, TNN
KOLKATA: In a judgment that is bound to have far-reaching consequences, Calcutta high court on Tuesday allowed financiers to seize vehicles if customers do not pay EMIs. A division bench of Justice Bhaskar Bhattacharya and Justice Tapan Kumar Dutt gave the judgment while hearing 21 appeals filed by GE Capital Transportation Financial Services Ltd against customers who stopped paying instalments and then obtained injunctions from a lower court against the vehicles being seized. The HC on Tuesday gave the customers seven days to restart paying instalments, failing which GE can repossess the vehicles, but "without adopting unlawful means like assault". Two customers were fined by the court for "mala fide applications seeking arbitration". GE was apparently on the verge of closing down its operations in West Bengal after a large number of customers — who had got lorries financed — started defaulting on their payments. All the defaulters were granted relief by a lower court in the form of injunctions, forbidding GE from repossessing the lorries. Finally, GE counsel Phiroze Edulji moved HC, seeking scrapping of the injunctions. After hearing all sides, the HC held that repossession of vehicles by financiers can’t be treated as a violation of Right to Property — a fundamental right allowed in the Constitution. The right is lost on committing default, the judges observed. They referred to how the Supreme Court had expressed anxiety at the lack of any law that defines what a financier can do if a customer defaults on paying instalments for a movable property like a vehicle. A law exists though, for immovable property like flats or houses. An illegal occupant is treated as a "trespasser" and evicted. In spite of SC's recommendations, no law has been framed as yet. According to the judges, just as no court would assist a "trespasser" to protect property that he hasn't paid for, no customer in this case can seek unconditional injunction to protect the right of possession of a vehicle he hasn’t paid for. Particularly when there is nothing wrong with the contract, and the financier isn’t charging a higher interest rate than permitted by law. This effectively means a customer who has any dispute with a financier can only move court if he continues to pay his instalments on time. The HC pointed out that even the Motor Vehicles Act has no law prohibiting repossession of vehicles by financiers in the case of default. Under the law, any possession is considered illegal unless "ripened" into a "settled possession". Both bankers and officials of non-banking financial companies hailed the order. ‘‘We are yet to see the copy of it but it will certainly go a long way in preventing customers from defaulting on payment,’’ one of them said.





EWS quota: HC seeks admn reply
http://timesofindia.indiatimes.com/Cities/EWS-quota-HC-seeks-admn-reply/articleshow/4341803.cms
1 Apr 2009, 0329 hrs IST, Vishal Sharma, TNN
CHANDIGARH: Working under the umbrella of Independent Schools Association, 28 private unaided schools have moved the Punjab and Haryana High Court for directions to UT administration against interfering in their ‘‘administration and management’’. The association has also pleaded that UT continue to grant them recognition without insisting on the February-2006 norm, mandating these schools to keep 15% quota for children belonging to economically weaker section (EWS). Despite being given four opportunities to file its reply in HC, the administration is yet to do so. On Tuesday, justice Ajay Lamba adjourned the matter to July 8, according yet another chance to UT for submitting its response. The petitioner-association has also sought quashing of a series of show-cause notices issued by UT, and also the order dated September 12, 2008 by SK Setia, the then director public instructions (DPI), Schools. The said document, whereby Setia had rejected a plea by the association, was berated by the petitioner-association that found its tone and tenor ‘‘shocking’’. The association had made a representation to the then DPI (S) challenging the 15% reservation policy. Turning down the representation, Setia had observed in his September 2008 order: ‘‘In fact, it is a pack of few 8/9 business-minded contractors and property dealers-turned-school owners who have resisted this move (reservation policy), whereas there are others who are doing much more than legal requirements’’. Raising the malafide bogey, the association hammered that the order passed by Setia was unsustainable as HC - in March last year - had asked UT education secretary, and not DPI (S), to decide upon its representation. ‘‘It is submitted that DPI is not competent to decide upon a representation regarding a policy matter. Policy decisions are taken at the level of secretary, education,’’ it stressed. The association also sought to counter Setia’s argument that private unaided schools must implement EWS reservation as 10,000-20,000 kids were unable to receive education after schools running from residential areas were asked to close down. ‘‘Interestingly, UT had filed an affidavit in HC during a hearing against schools functioning from residential premises, claiming government schools had enough seats to accommodate all children studying in such institutes,’’ the association claimed. The association also prayed for directions to UT for considering the claims of students who had graduated from the said 28 schools for admission to higher classes in colleges ‘‘without insisting on condition of recognition’’




Varun NSA: PIL filed in Allahabad HC
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=248923
Statesman News ServiceLUCKNOW, March 31: A local lawyer today filed a PIL before the Lucknow Bench of Allahabad High Court against the Uttar Pradesh government invoking provisions of the National Secuirty Act against Bharatiya Janata Party leader Mr Varun Gandhi. The PIL filed by a local lawyer Mr SC Srivastava seeks a direction from the Court to quash the NSA invoked against 29-year-old Mr Gandhi and is likely to come up for hearing on 2 April. The plea requests the Court to call the records from the district magistrate of Pilibhit which formed the basis of slapping NSA on the BJP candidate .The petition has contended that the Uttar Pradesh government was misusing the provisions of the National Security Act.The NSA was invoked on Sunday against Mr Varun Gandhi, who is in Pilibhit district jail despite being granted bail in two other cases for making anti-Muslim speeches during campaigning.The ruling BSP in Uttar Pradesh, meanwhile, justified invoking the stringent NSA against Mr Gandhi and said the action was taken only after a thorough inquiry. “It was only after procuring clinching evidence against Mr Varun Gandhi that the district magistrate of Pilibhit recommended invoking the NSA against him for his hate speeches,” a BSP spokesperson said.




Free to seize cars for EMI default: HC
http://timesofindia.indiatimes.com/Cities/Free-to-seize-cars-for-EMI-default-HC/articleshow/4341902.cms
1 Apr 2009, 0109 hrs IST, TNN
KOLKATA: In a judgment that is bound to have far reaching consequences, Calcutta High Court on Tuesday allowed financiers to seize vehicles if customers do not pay EMIs. A division bench of Justice Bhaskar Bhattacharya and Justice Tapan Kumar Dutt gave this judgment while hearing 21 appeals filed by GE Capital Transportation Financial Services Ltd against customers who stopped paying instalments and then obtained injunctions from a lower court against the vehicles being seized. The high court on Tuesday gave the customers seven days to restart paying instalments, failing which GE can repossess the vehicles, but without adopting unlawful means like assault'. Two customers were even fined by the court for mala fide applications seeking arbitration'. GE was apparently on the verge of closing down its operations in West Bengal after a large number of customers who had got lorries financed started defaulting on their payments. All the defaulters were granted relief by a lower court in the form of injunctions, forbidding GE from repossessing the vehicles. Finally, GE counsel Phiroze Edulji moved high court, seeking scrapping of the injunctions. After hearing all sides, the HC held that repossession of vehicles by financiers cannot be treated as a violation of Right to Property a fundamental right allowed in the Constitution. The right is lost on committing default, the judges observed. They referred to how the Supreme Court had expressed anxiety at the lack of any law that defines what a financier can do if a customer defaults on paying instalments for a movable property like a vehicle. A law exists though, for immovable property like flats or houses. An illegal occupant is treated as a trespasser' and evicted. In spite of the apex court's recommendations, no law has been framed as yet. According to the judges, just as no court would assist a trespasser' to protect property that he has not paid for, no customer in this case can seek unconditional injunction to protect the right of possession of a vehicle he has not paid for. Particularly when there is nothing wrong with the contract, and the financier is not charging a higher interest rate than permitted by law. This effectively means that a customer who has any dispute with a financier can only move court if he continues to pay his instalments on time. The court pointed out that even the Motor Vehicles Act has no law prohibiting repossession of vehicles by financiers in the case of default. Under the law, any possession is considered illegal unless ripened' into a settled possession'. Both bankers and officials of non-banking financial companies hailed the order. "We are yet to see the copy of it but it will certainly go a long way in preventing customers from defaulting on payment," one of them said.




HC stays Sahara plea to attach Jet assets
http://www.livemint.com/2009/04/01103713/HC-stays-Sahara-plea-to-attach.html
SICCL’s 26 March application claimed Jet Airways had defaulted on payments towards the purchase of Air Sahara
P.R. Sanjai
Mumbai: The Bombay high court on Tuesday stayed an application by Sahara India Commercial Corp. Ltd (SICCL) to seize assets of Jet Airways (India) Ltd till it considers the matter further.
Justice S.C. Dharmadhikari said Sahara cannot attach any of Jet Airways’ immoveable assets or aircraft until the matter is heard next week.
SICCL’s 26 March application claimed Jet Airways had defaulted on payments towards the purchase of Air Sahara. Jet Airways bought Sahara Airline Ltd, which operated Air Sahara, in April 2007, and rebranded it as Jet Lite.
“The matter will be heard on 9 April while Jet Airways was asked to file an undertaking that it will not take third party interests on its immoveable assets or planes,” a Jet Airways executive said on condition of anonymity.
SICCL executives did not respond phone calls. Saroj K. Datta, executive director of Jet Airways, said he had no comment on the court order.
Jet’s lawyer Janak Dwarkadas told Mint that Jet Airways has paid its pending instalment on Monday after deducting Rs50 crore that was claimed by the income-tax department.
The Jet executive quoted earlier said SICCL had claimed that Rs900 crore has become due in March and that it is entitled to attach Jet Airways’ assets.
In its buyout agreement with the Sahara group on 17 April 2007, Jet Airways had agreed to pay Rs550 crore spread over four equal instalments beginning March 2008 through March 2011. Jet bought Sahara Airlines Ltd for Rs1,450 crore, of which it paid Rs900 crore by 20 April 2008.
In March 2008, the income- tax department demanded pending taxes of Rs107 crore from Sahara Airlines. Jet Airways argued that since the amount was due from before the acquisition, it was not responsible for the liability. Jet Airways then deducted Rs37 crore from its March 2008 instalment.
“It is the position of Jet Airways that this liability is to be borne by SICCL and since arrangements for payment of this liability were not made by SICCL, these amounts deposited by Jet Lite were deducted from the instalments payable under the award... Since the matter is sub-judice, we have been advised not to make any comments on the merits of the matter,” the airline said in a statement on Monday.
Jet Airways’ shares on Tuesday fell 1.74% to close at Rs169.90 on the Bombay stock Exchange, while its benchmark Sensex index closed 1.47% higher at 9,708.50 points.




SC defers hearing on Mulayam's plea against CBI inquiry

http://www.samaylive.com/news/sc-defers-hearing-on-mulayams-plea-against-cbi-inquiry/616316.html
Published by: Noor KhanPublished: Wed, 01 Apr 2009 at 12:10 IST
New Delhi: The Supreme Court today deferred till May five hearing on the petition filed by Samajwadi Party supremo Mulayam Singh Yadav challenging the institution of a CBI inquiry into the alleged disproportionate assets of his families.A Bench of Justices Altmas Kabir and H L Dattu deferred the hearing as the judgment of a Constitution Bench on the validity of the courts ordering CBI probe was awaited in the first week of May.Yadav had filed a review petition questioning an earlier directive of the apex Court ordering a preliminary inquiry into the alleged disproportionate assets as claimed in a PIL.The PIL was filed by Vishwanath Chaturvedi, an advocate and reportedly a Congress activist, seeking probe into the "disproportionate assets accumulated by Singh and his family members".The Constitution Bench is seized of a batch of writ petitions questioning the power of High Courts and the Supreme Court to order CBI probes.It is the contention of the petitioners that under the Delhi Police (Special) Establishments Act, only the Union Government can order the CBI probe with the consent of the respective state governments.





PIL challenging decision to give plots to Prakash Jha withdrawn
http://timesofindia.indiatimes.com/Cities/PIL-challenging-decision-to-give-plots-to-Prakash-Jha-withdrawn/articleshow/4341458.cms
1 Apr 2009, 0201 hrs IST, TNN
PATNA: Former spokesperson of Bihar Pradesh Congress Committee Prem Chandra Mishra here on Tuesday withdrew from Patna High Court (HC) his public interest litigation (PIL) challenging the decision of Bihar Industrial Area Development Authority (BIADA) to give six plots in different district industrial areas for construction of multiplexes to M/S Holi Cow Pictures of Bollywood producer-director Prakash Jha. Mishra's lawyer, Satish Chandra Jha, on Monday withdrew the PIL which was being heard by a division bench of Patna HC after the Supreme Court had reverted the matter back to it holding that the bench of HC had not given adequate opportunity to Jha while allowing Mishra's PIL. Mishra had filed the PIL in 2006 which was allowed by a division bench of Patna HC, comprising Justice Aftab Alam and Justice Rekha Kumari. In his PIL, Mishra had maintained that the BIADA had given six plots in six industrial areas, including the prime land in Patna industrial area, over which a multiplex is under construction, to the Holi Cow Pictures "at a very low price without auctioning causing huge loss of public money". "When the PIL was reverted back to the HC, Jha had filed a voluminous 600-page counter affidavit to Mishra's PIL. Many of the pleas made in Jha's counter affidavit were not yet replied by Mishra who now has withdrawn the PIL," said Jha's counsel, Tuhin Shankar. He added that as there was no merit in Mishra's PIL, which could not prevail over Jha's voluminous counter affidavit, so he withdrew his PIL. On the other hand, Mishra told TOI on phone that he was exhausted fighting it out as his party extended no support to him to continue contesting the PIL. He added that his pious effort in this regard keeping in mind the interest of public was not valued and he was sidelined in the party. However, Mishra expressed happiness over the fact that after his contesting the PIL raising the question of BIADA favouring Jha by giving him six industrial plots without auction has at last borne fruit. Because the BIADA has started auctioning its industrial plots, Mishra added.





Nobody denied med treatment or proper food: Jail IG
http://www.dnaindia.com/report.asp?newsid=1244011
DNA Correspondent
Tuesday, March 31, 2009 13:02 IST
Ahmedabad: Refuting allegations by Sabarmati jail inmates of torture at the hands of jail authorities, IG (prisons) Keshav Kumar said the charges levelled by the prisoners were contradictory. In an affidavit filed in the Gujarat high court on Monday, Kumar said he had personally looked into the issues raised in the petition as directed by the court and found that "there is a gross variation in the averments" in the petition which is served to the authorities and the one which has been filed before the high court.
He filed the affidavit in response to a public interest litigation (PIL) filed by lawyer and Jan Sangharsh Manch member Shamshad Pathan on March 25.
A division bench of chief justice KS Radhakrishnan and Justice Akil Kureshi directed additional principal sessions judge PB Desai to submit a report on the issue and deferred the hearing to April 6.
The prisoners had complained in the PIL that they were beaten up by jail staff, not given medical treatment, proper food, water and other amenities.However, Kumar said he had recorded statement of a prisoner, Akbar Rasul, who had admitted that he was never beaten up or abused by jail superintendent V Chandrashekhar. Rasul also said no one had complained about being assaulted by Chandrashekhar, the IG added. Kumar said two other inmates, Akbar Umedkan and Silvester, who claimed to have been beaten up, had denied it. About Louis, a Nigerian undertrial, Kumar said he had brought in certain articles which were not permissible and when attempts were made to stop him, he attacked police personnel after which an FIR was registered against him.
The IG also said inmates were being provided appropriate medical treatment.
He denied claims by Mansoodbhai Tank, who is suffering from HIV, that he was not given medical treatment and said he was being "periodically checked and given anti-retroviral treatment."
On other complaints, the official said inmates were not being given polluted water, inadequate food or inadequate sports facilities. He said only transparent plastic boxes were permitted inside the jail as prohibited items were found from metal tiffin boxes during security checks.





Fix reasonable rents: HC
http://timesofindia.indiatimes.com/Cities/Fix-reasonable-rents-HC-/articleshow/4341536.cms
1 Apr 2009, 0358 hrs IST, TNN
Bangalore : The high court on Tuesday asked the government and the BBMP to act reasonably on fixing the rent of buildings. "There are instances in which land has been given to party offices in Delhi and elsewhere. But the question is will you (government and BBMP) use the same yardstick on shops at bus stands and other buildings where you seek revenue?" a division Bench headed by chief justice P D Dinakaran asked before dismissing PIL filed by Shrinivas Kamath. "We're unhappy with the Rs 1,000 per month rent. No matter which party is allotted the building, whether it is Congress, BJP, communists, Third Front or even a Fourth Front, you should be reasonable and uniform in treatment. "The public will watch your actions. This is election time, and at least Rs 5 per sqft would have been fixed. But we don't want to involve in such matters. Fixing is not our job. We are confident that BBMP and the government will take a proper decision on this matter and fix reasonable rent," the division Bench observed. The petitioner had alleged that BBMP allotted a 10,230-sqft playground in Malleshwaram to BJP in 2007. The lease period was long although the party had been allotted land twice earlier. While the BBMP fixed Rs 2,62,500 per month as rent, the government changed the rate to a nominal Rs 1,000 citing the rent of Congress and communist party offices. The BJP's counsel replied that the party is building a three-storey building to train its members.





No more constructions on water bodies: HC
http://timesofindia.indiatimes.com/Cities/No-more-constructions-on-water-bodies-HC/articleshow/4341283.cms
1 Apr 2009, 0322 hrs IST, TNN
NEW DELHI: The Delhi High Court on Tuesday prohibited the State government from carrying on any further construction on two water bodies in the capital. Taking stock of the status of the marsh areas of Jahangirpuri in North Delhi and the Mayapuri lake, a division bench comprising Justice Mukul Mudgal and Justice V S Sanghi directed a status quo be maintained by the government. On its part the government took two weeks time to place its stand before HC. The order follows separate public interest litigations being heard by the court. Filed by an NGO `Tapas' the PIL's seek protection of both water bodies, which, the petitioner claims, are now under threat after the administration altered their land use. According to the NGO, the 4.5 acre Mayapuri Lake is owned by the Public Works Department (PWD). The agency had earlier given Rs 1.5 crore to the Municipal Corporation of Delhi to remove encroachments around the lake. The Jahangirpuri marshland in North Delhi, on the other hand, was allotted to the Delhi Jal Board some 20 years ago. With changes in land use, some of the area was later sold to the PWD and the Delhi Police, the petitioners informed HC, urging its intervention. The PIL's allege that the revenue department records never accounted Jahangirpuri as a water body and infact defined it as a banjar kadim (land not fit for cultivation). The 2021 Master Plan of Delhi also categorises the land use as for residential purpose. It was thus decided that over 100 acres of the land can be used for constructing a proposed housing colony of the PWD and the police department in North Delhi. Even though the Master Plan Delhi 2021 makes a certain change in land use, this kind of change of usage of a wetland is unacceptable, the NGO argues.




CBI stands for Congress Bureau of Investigation: Amar
http://www.ptinews.com/pti/ptisite.nsf/0/8B5A15DE3164BE766525758A00640CE0?OpenDocument

New Delhi, Mar 31 (PTI) Terming CBI as 'Congress Bureau of Investigation,' Samajwadi Party leader Amar Singh today alleged that "tone" of the government changed after it turned towards Rashtriya Janata Dal and Lok Janshakti Party for an alliance."CBI is actually Congress Bureau of Investigation... When we were having seat sharing talks (with Congress) in UP, the system was listening to us. But as soon as the alliance broke down and we came closer to Lalu Prasad and Ram Vilas Paswan, the tone changed," Singh, party general secretary, said here.At the same time though, he absolved the Congress leadership of using the central agency as a tool against SP chief Mulayam Singh in the disproportionate assets case.He in fact blamed certain "middlemen and manager" in the Congress for dragging Yadav in the Supreme Court over the case."I respect Sonia Gandhi and know that she will never approve of such things. But, certain middlemen and managers in Congress could have dragged Mulayam Singh Yadav in the case," Singh said.He alleged that Vishwanath Chaturvedi, an advocate and former Congress activist who had filed the PIL in Supreme Court against Yadav in the disproportionate assets case was a "name dropper" and "professional blackmailer" who was misusing the name of Sonia Gandhi. PTI





Amar wants petitioner in Mulayam case probed
http://timesofindia.indiatimes.com/India/Amar-wants-petitioner-in-Mulayam-case-probed/articleshow/4341308.cms
1 Apr 2009, 0000 hrs IST, TNN
NEW DELHI: Samajwadi Party leader Amar Singh on Tuesday said Vishwanath Chaturvedi, the petitioner in the DA case against Mulayam Singh Yadav, should be probed as he is a Congress leader and a political partisan cannot file a PIL. Amar Singh played an audio CD
, purportedly of Chaturvedi, in which the UP lawyer makes a sensational allegation against a sitting Supreme Court judge. It was followed by a video CD in which Chaturvedi was shown complaining to an unidentified friend that Congress brought him to Delhi to frame the SP chief but dumped him midway because of the seat-sharing pact with the rival. The CDs making sensational charges are part of SP's attempts to discredit Chaturvedi. The party had earlier shown a CD purportedly of Chaturvedi in which he had allegedly said that another apex court judge was compromised. The VCD shows Chaturvedi as claiming that he has old relations with the Gandhi family and that he belongs to Rae Bareli. Amar Singh trained his guns on the UP lawyer, saying he did not believe the comments made about Sonia Gandhi having brought him to Delhi or what he says about the judge, but wants Chaturvedi to be probed. "He is a gossip-monger and a namedropper. But I want to know if he is the man on whose complaint a CBI inquiry should be ordered against the SP chief," he asked. Singh threatened "similar evidence" against other Congressmen. Singh said a law officer used to be meet him regularly and speak to him many times a day when the alliance talks were in progress but stopped after the talks snapped. "Let his phone records be checked on how many times he spoke to me during those days and how many times I was invited to his house," the SP leader said. Singh said CBI had submitted a sealed report in the Supreme Court and it should be tallied with a report in his possession to verify that the top agency had given a clean chit to SP supremo. He disagreed that the report in his possession was forged. "I read in the media that CBI is planning to question my aide on the origin of the forged report. Why aide, let CBI arrest me if it is found to be forged," he said.





Advocate hails SC verdict to bar Dutt from contesting polls
http://www.indopia.in/India-usa-uk-news/latest-news/537365/National/1/20/1

Published: March 31,2009
Lucknow , Mar 31 Advocate of the petitioners who approached the Supreme Court seeking to bar bollywood actor Sanjay Dutt from contesting the Lok Sabha polls have hailed the court&aposs verdict as a"moral victory for people".
"Its a moral victory for the people and voters of the city ( Lucknow )," Supreme Court Lawyer Harjot Singh, advocate for the two petitioners who filed a Public Interest Litigations (PIL)in the Apex Court told PTI.
"In the petitions it was submitted that Sanjay Dutt was a key accused in Mumbai serial blasts and as he was convicted by TADA court. He was sentenced to six years imprisonment and should not be allowed to contest elections," Singh said.
Citing previous SC orders, the petitioners said that there was resentment among the people of Lucknow over Dutt&aposs candidature and allowing him to contest elections would set a wrong precedence.
The petitioners also said that Dutt&aposs case should not be equated with that of BJP MP and ex cricketer Navjot Singh Siddhu.
"It was submitted that Siddhu was a sitting MP, when he was convicted by the court. He then resigned from the Lok Sabha and was re-seeking election,"he said.
Source: PTI





PIL challenges invoking of NSA against Varun
http://www.indopia.in/India-usa-uk-news/latest-news/537284/National/1/20/1
Published: March 31,2009
Lucknow , Mar 31 A public interest litigation challenging the invoking of NSA against BJP candidate from Pilibhit Varun Gandhi was today filed before the Lucknow Bench of the Allahabad High Court.
The PIL filed by a local lawyer S C Srivastava seeks a direction from the court quashing the NSA invoked against 29-year-old Varun and is likely to come up for hearing on April 2.
The plea requests the court to call the records from the district magistrate of Pilibhit which formed the basis of slapping NSA on the BJP candidate .
The petition has contended that the Uttar Pradesh government was misusing the provisions of National Security Act.
NSA was invoked on Sunday against Varun Gandhi, who is in Pilibhit jail despite being granted bail in two other cases, including for making anti- Muslim speeches during campaigning.
Source: PTI





Plea challenges Varun's detention under NSA
http://www.themoneytimes.com/20090331/plea-challenges-varuns-detention-under-nsa-id-1061227.html
March 31, 2009
Lucknow, March 31 -- Bharatiya Janata Party (BJP) leader Varun Gandhi's detention under the National Security Act (NSA) has been challenged in a public interest litigation (PIL) filed Tuesday at the Lucknow bench of the Allahabad High Court.
The PIL of Lucknow-based senior lawyer S.C. Srivastava pleads for immediate relief of the young BJP leader.
Srivastava in the petition said that the Bahujan Samaj Party (BSP) government of Uttar Pradesh violated various articles of the constitution in invoking the stringent NSA.
The PIL has asked how could Varun Gandhi be a threat to the nation considering that he comes from the family of freedom fighters.
The PIL will come up for hearing Thursday.
The Mayawati government late Sunday invoked the NSA against Varun Gandhi, the BJP nominee for the Pilibhit seat, for his reported hate speeches and mob violence during his arrest Saturday.
copyright 2009 by IANS.





SC rejects Sanjay Dutt's plea to contest LS polls
http://www.lawyersclubindia.com/news/2009/3/sc_rejects_sanjay_dutt_s_plea_to_contest_ls_polls.asp
Posted on : 31 March 2009 by Y.Prakash
Bollywood actor Sanjay Dutt's plea to contest the upcoming Lok Sabha elections was on Tuesday rejected by the Supreme Court which refused to stay his conviction in connection with the 1993 Mumbai blasts case."We are not inclined to suspend his conviction," a Bench headed by Chief Justice K G Balakrishnan said."It is not a fit case to grant stay of conviction," the Bench also comprising Justices P Sathasivam and R M Lodha said.Dutt had been fielded by the Samajwadi Party as its candidate for Lucknow Lok Sabha seat.The Court said that Dutt was convicted for "serious offence" under the Arms Act by a Mumbai TADA Court.The Bench said that the actor's case could not be equated with that of BJP leader Navjot Singh Sidhu whose conviction and sentence in a road rage case was stayed by the apex court to enable him to contest the Amritsar by-elections in 2007.The Bench said that Dutt was disqualified from contesting the elections under the Section 8 (3) of the Representation of People Act, which debars a person sentenced to two or more years of imprisonment, from standing for polls.The judges said that the power of the court to suspend the conviction of a person to enable him to contest the elections has to be exercised rarely.The Court, while disallowing the plea of Dutt, noted that his father Sunil Dutt was a famous politician and a Union Minister.The Bench noted that Dutt was not a habitual criminal but it was not a fit case to grant him relief.The judge said that though Dutt's counsel had made submissions about the evidence in the case for the grant of relief, it cannot be considered at this stage since his appeal was pending in the apex Court.The Court had on Monday reserved its order on Dutt's plea after hearing the contention from the actor and the CBI which opposed his plea.The actor had sought suspension of the conviction on issues similar to the ones considered by the apex court while staying the conviction of Sidhu.Dutt contended that his conduct during the trial should be considered for granting him relief like Sidhu.Dutt, 50, pleaded before the apex court to consider his case on grounds similar to that of Sidhu and to take into account that he was absolved of the serious offence under TADA apart from taking cognisance of the fact that there was not a single case registered against him before the Mumbai blasts.His counsel had contended that Dutt's conviction was based solely on the confessional statement which was opposed by the CBI.The probe agency had claimed that the actor was held guilty also on the basis of recoveries, disclosures and corroborative evidences.The Bollywood star, who was sentenced to six-year jail term on 31st July, 2007, had spent 18 months in jail during the pendency of the trial.He filed an appeal against his 28th November, 2006 conviction in the apex court which had granted him bail on 27th November, 2007.Dutt was convicted under the Arms Act for possession of an AK-56 rifle, a 9 mm pistol and grenades given by co-accused Abu Salem before the Mumbai blasts.





Patient suffering because of infighting not to be tolerated: HC
http://www.lawyersclubindia.com/news/2009/3/patient_suffering_because_of_infighting_not_to_be_tolerated_hc.asp
Posted on : 31 March 2009 by Y.Prakash
Taking exception to patients being neglected at AIIMS due to ego clashes among doctors, the Delhi High Court on Tuesday said internal disputes at the hospital will not to be tolerated at the cost of those suffering.A Bench headed by Chief Justice A P Shah expressed concern over patients not being treated properly due to ego clashes among different groups of doctors in the premier institute.The court's observation came while taking cognisance of a letter written by a mother of month-old child, alleging callousness on behalf of AIIMS doctor in treating her child.In the letter, Rekha told the court that her baby was suffering from heart ailment and was admitted to the AIIMS under the supervision of Doctor A K Bisoi, a Cardio Thoracic Surgeon.However, the baby was neglected by hospital authorities after Bisoi was suspended by the Health Minister on 9th March, she alleged."We are interested in saving the child. Tell us how you are going to do it. We are not concerned about internal disputes in the hospital," the court said, adding, "patients are suffering because of internal fighting.""No body should be victimised because of ego clash," the court said while directing the hospital to bring one specialist doctor before it in the afternoon to assure that the child would be properly treated.





SC to hear review petition of Mulayam Singh Yadav in disproportionate assets case tomorrow
http://www.lawyersclubindia.com/news/2009/3/sc_to_hear_review_petition_of_mulayam_singh_yadav_in_disproportionate_assets_case_tomorrow.asp
Posted on : 31 March 2009 by Piravi Perumal. M
The Supreme Court will hear tomorrow the review petitions filed by former Uttar Pradesh Chief Minister Mulayam Singh Yadav and his family members in the disproportionate assets case.Mr Mulayum Singhs two sons -- Akhilesh Yadav, MP and Prateek Yadav -- and his daughter-in-law Dimple Yadav are also parties in the petition seeking a review of its ruling in the case.A bench headed by Mr Justice Altmas Kabir will also hear the application of CBI seeking to withdraw its earlier application for modification of the Supreme Court order dated March 1, 2008 directing the investigating agency to conduct a preliminary enquiry to find out if prima facie a case of corruption is made out against Mr Mulayam Singh Yadav and others.The apex court had directed the CBI to investigate the matter and submit its report to the union government, which will decide the further course of action in the case.CBI, in its application filed in December last year, had prayed to the court to do away with the direction of submitting the report to the union government and instead it should be permitted to register a regular case and proceed further in the matter in accordance with law.Earlier, the Supreme Court had severely reprimanded CBI for acting at the instance of the union government and made it clear that this court will not allow CBI to become a tool in the hands of the union government.CBI has already denied media reports that it has given a clean chit to Mr Mulayam Singh Yadav and his family members in the corruption case.The Central investigating agency is also probing how the signatures of CBI DIG Tilokma Verma were forged and a bogus report was circulated indicating that CBI has given a clean chit to the Yadavs.The order was passed by the Supreme Court on a petition filed by Congress activist Vishwanath Chaturvedi, who is also an advocate. He had alleged in his petition that the SP chief and his family members had amassed assets worth over Rs 100 crore through corrupt means during his tenure as the Chief Minister of the state.The CBI has faced the wrath of the court, the petitioner and even the review petitioner in this case.During the last hearing, even the union government distanced itself from CBI.The application by the CBI seeking modification of the Courts order had created an impression that the UPA government wanted to reward Mr Mulayam Singh Yadav for supporting the Manmohan Singh government during the trust vote following withdrawal of support by the Left parties on the Indo-US nuclear deal.



Varun Gandhi gets bail in his hate speech cases
http://www.lawyersclubindia.com/news/2009/3/varun_gandhi_gets_bail_in_his_hate_speech_cases.asp
Posted on : 31 March 2009 by Piravi Perumal. M
Chief Judicial Magistrate(CJM) Vipin Kumar today granted bail to BJP candidate from Pilibhit parliamentary constituency Varun Gandhi in two cases related to his hate speech on March 6 and 8 last.The CJM pronounced the order in the absence of Varun Gandhi, who is lodged in Pilibhit jail.The court directed him to furnish two personal bonds of Rs twenty thousand each.There were three FIRs against Gandhi for his hate speech amounting to violation of election code of conduct. Out of these, one FIR was expunged by the police themselves and the bail has been awarded in the two other cases.





FICCI-PwC PITCHES FOR REDUCTION IN CORPORATE TAX TO 25%
http://www.lawyersclubindia.com/news/2009/3/ficci_pwc_pitches_for_reduction_in_corporate_tax_to_25_.asp
Posted on : 31 March 2009 by Nirav Pankaj Shah
Making a strong case for reduction in the corporate tax rate to 25 per cent, a FICCI-PwC study has said that companies have to pay about 24 taxes. "The study has led us to (the) conclusion that (the) corporate tax rate should not be more than 25 per cent and dividend distribution tax not more than 10 per cent ... (the) tax burden is too high," FICCI Secretary-General Amit Mitra said while releasing the survey jointly conducted by the industry chamber and global tax consultant PricewaterhouseCoopers. Companies pay up to 16 per cent of their turnover as taxes, according to the report. The survey will help support a constructive dialogue between the government and industry regarding the future shape and competitiveness of the Indian tax system, said PwC Executive Director Ketan Dalal. The average tax rate (TTR) of the 41 companies that participated in the survey is about 35.9 per cent of their profits, the survey said.





Gauhati HC CJ asks to improve quality in bars and benches
http://www.lawyersclubindia.com/news/2009/3/gauhati_hc_cj_asks_to_improve_quality_in_bars_and_benches.asp
Posted on : 31 March 2009 by Ashey
3/29/2009Chief Justice of Gauhati High Court J Chelameswar has asked the judicial fraternity to improve the quality of Bars and Benches for strengthening the judiciary while advising fellow judges to ensure speedy disposal of cases.Addressing the gathering here last evening on the occasion of Diamond Jubilee celebration of the Gauhati High Court at Agartala bench, Mr Chelameswar said that the judicial service providers should take up the challenging task of dispensing fair and effective justice to the oppressed and downtrodden.He also admitted that inadequate infrastructure in the High Court benches, including judges in northeastern states, had been affecting the entire judiciary of the region and despite sincere attempts, the High Court couldnt resolve the problems.Judicial service officers, including High Court judges, are coming from the Bar and if quality of Bar members decline, it would definitely affect the judicial system. So, I request the learned lawyers to encourage meritorious people to opt law education for saving the democracy, said Mr Chelameswar.Our judicial system shall remain weak unless we ensure speedy, fair and quality delivery of justice. However, I apprehend that given massive backlog and long delays in administration of justice, the common man will loose confidence in our judicial system, he added.The Chief Justice, however, indicated that expensive litigation and agonisingly slow pace of trial proceedings had demoralised the public, especially the poor, and there were huge delays in cases being heard, resulting in diminishing public trust in judiciary. A vibrant and independent judiciary is essential for the promotion of good governance practices and ensuring rule of law and access to justice, particularly for the vulnerable, he added.




SC asks for name of Judges in GPF Scam
http://www.lawyersclubindia.com/news/2009/3/sc_asks_for_name_of_judges_in_gpf_scam.asp
Posted on : 28 March 2009 by SANJAY DIXIT
A bench comprising Justices Arijit Pasayat, V S Sirpurkar and G S Singhvi issued the directions after the CBI sought more time to submit third status report in connection with the provident fund scam in which 36 judges, including one sitting Supreme Court judge, 11 High Court judges and 24 District and Session judges who have been posted in Ghaziabad in time to time, were named as beneficiaries.The CBI has already submitted two status reports in sealed cover to the Supreme Court.The apex court had ordered a CBI inquiry into the scam and for the first time in the history of Independent India sitting Supreme Court and High Court judges were subjected to the CBI interrogation.The prime accused in the case Ashutosh Asthana had in his statement, recorded by special judge Rama Jain under Section 164 of the CrPC has named 36 judges as beneficiaries of the scam.This statement was on the basis of the FIR lodged by the judge with Ghaziabad police which later expressed its inability to conduct investigation into the case because of the involvement of High Court judges of Allahabad and Uttarakhand, some of whom are already retired.GPF money was allegedly fraudulently siphoned off from 2001 to 2007 and according to the petitioner, Nahar Singh Yadav, the total amount involved in the scam is Rs 23 crore and not Rs 7 crore as alleged in the FIR.Sitting Supreme Court judge Justice Tarun Chatterjee was also questioned by the CBI along with other High Court judges who have been named in the scam.According to the CBI Rs 4 crore was fraudulently withdrawn in 2007 alone when Mr Chobey was the district and sessions judge in Ghaziabad.





Varun sent to Judicial Custody
http://www.lawyersclubindia.com/news/2009/3/varun_sent_to_judicial_custody.asp
Posted on : 28 March 2009 by SANJAY DIXIT
BJP candidate from Pilibhit Varun Gandhi was today taken into judicial custody and sent to jail after he surrendred in CJM court.Chief Judical Magistrate Vipin Kumar ordered his judicial custody and sent him to jail till March 30 when his bail application will be heard.The court has asked the controversial leader and the investigating officer(IO) to submit relevent papers on March 30.Soon after the court issued the the people for their support during the controversy and the BJP supporters who came in big numbers.Meanwhile, Mr Mishra told UNI that the BJP and Mr Gandhi himself would honour the legal process in this regard. He, however, said that ideally the probe report should have been procured before sending him to jail.Source : UNI




Aleixo urged to propose new housing scheme
http://timesofindia.indiatimes.com/Cities/Aleixo-urged-to-propose-new-housing-scheme/articleshow/4341515.cms
1 Apr 2009, 0122 hrs IST, TNN
MARGAO: Villagers who had attempted to drag power minister Aleixo Sequeira to the Apex court over the 20-point housing scheme are determined not to allow the Loutolim legislator to breathe easy. Following rejection of the special leave petition by the Supreme Court, the petitioners have now made a fervent appeal to Sequeira to propose a new housing scheme aimed at providing decent housing for economically backward Goans. "The people and the petitioners are not against housing for the economically backward but are in favour of decent housing. The 20-point housing projects have turned into slums created by politicians with vested interests of creating vote banks, as beneficiaries accept the plots as they are given free and subsequently sell/sublet them to migrants. The petitioners and the villagers make a fervent plea to the MLA to set differences aside and use his political powers to develop 300 sq m housing plots by proposing a new housing scheme for economically backward citizens of Goa," Franky Monteiro, the first petitioner said in a press note. Taking umbrage at the announcement made during a press briefing by Sequeira recently about the "dismissal" of the special leave petition over the allotment of housing plots at Verna, the petitioners have clarified that "the Apex court refused to admit the petition on grounds of locus standi and not on point of law." "Hence, the judgement in the eyes of the law is still the high court judgement and not Supreme Court dismissal as falsely stated by Sequeira," Monteiro said. "The fact is that even though the petition was dismissed in the high court, Sequeira miserably lost the case as the judgement clearly reads that the names recommended by the MLA will be allotted the plots only if they are found eligible under the required criteria. None from the list recommended by the MLA fulfill the stipulated criteria," Monteiro stated. It may be recalled that the petition had questioned the recommendation made by Sequeira in the allotment of plots under the 20-point housing scheme. "Further, the high court has issued directions that the plots shall not be allotted unless the zone is changed from industrial to settlement. The 2001 Regional Plan as well as the draft 2021 RP depicts the zone as industrial. The only options left to the MLA is either to bend backwards and pass an ordinance to bypass the judgement as done in Cidade de Goa case, or to get the zone changed through the back door under the 16 and 16A amendments of the TCP Act which is being objected to all over the state," Monteiro said in a statement loaded with derision.




Verdict in second Nithari case tomorrow
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=HomePage&id=48b3b072-8d3e-4674-bf39-3fb40c39772c&Headline=Verdict+in+second+Nithari+case+tomorrow
Press Trust Of India
Ghaziabad, March 31, 2009
First Published: 16:35 IST(31/3/2009)
Last Updated: 16:37 IST(31/3/2009)
The Special CBI court in Ghaziabad will deliver its judgement on Wednesday on the rape and murder of eight-year-old Aarti, one of the 19 victims of the gruesome Nithari killings, in which Surinder Koli, servant of businessman Moninder Singh Pandher, is an accused.
Wednesday's verdict will be the second in the sensational killings which had rocked the country in 2006 as a CBI Special Court has already convicted and pronounced death penalty for both Pandher and Koli in a separate case.
According to the prosecution, Aarti had gone missing in the afternoon of October 25, 2006 and three days later, police found her remains buried behind Pandher’s house in Nithari.
“Surinder Koli has already admitted to his guilt. We are confident that the court will pronounce right judgement in this case also,” victim’s counsel Praveen Rai told PTI.
Aarti’s family members in their recorded statements, as per the charge sheet, have not named 55-year-old Pandher. Even, the CBI has filed a charge sheet only against 38-year-old Koli in the case.
Pandher was given a clean chit primarily on the basis of his cellphone records.
“There were not any evidence to suggest the role of Pandher in the Aarti case. That is why his name did not appear in CBI charge sheet,” Rai said while commenting on allegations.




HC directive to Centre, UGC on retirement age of teachers
http://timesofindia.indiatimes.com/Cities/HC-directive-to-Centre-UGC-on-retirement-age-of-teachers/articleshow/4341456.cms
1 Apr 2009, 0200 hrs IST, TNN
PATNA: The Patna High Court on Tuesday directed the Central government and University Grants Commission (UGC) to file counter affidavit to two writ petitions of some university professors seeking implementation of the Central government decision to enhance the retirement age of university teachers from 62 years to 65 years. A single bench presided over by Justice Navin Sinha asked the lawyers of Central government and UGC to seek instruction and file counter affidavit to the writ petitions of Patna Training College principal Jagdish Prasad Sharma and dean and professor of education, Patna University, and two other professors. The plea of the petitioners was that the UGC had recommended that the state governments may adopt the government of India scheme for universities and colleges for paying enhanced payscales to university teachers, enhancement of their retirement age and for release of 40 per cent arrears for payment to them on account of enhanced payscales. The state government said in its counter affidavit that it had not yet received any such communication from the Central government in this regard. MU asked to take action: A division bench, comprising Justice S K Katriar and Justice K K Mandal, directed Magadh University to take action on the basis of report of a committee constituted by the governor to check irregularities in legal education imparted at Nawada Law College. The order was passed on a PIL of Kumar Gyan Ranjan who alleged that irregularities in providing legal education was continuing in Nawada Law College and so the committee constituted by the governor to check such irregularities must take action.





Sahara takes Jet Airways to court
http://www.sindhtoday.net/south-asia/81410.htm
Mar 31st, 2009 By Sindh Today
Mumbai, March 31 (IANS) Sahara India Commercial Corp (SICCL) has moved the Bombay High Court against Jet Airways, charging it with not paying instalments for buying the erstwhile Sahara Airlines (now JetLite) in April 2007, Jet said Tuesday.
In a regulatory statement, Jet Airways - India’s largest private carrier - said there was a disagreement between the two companies on income tax-related issues, adding that the income tax department had raised certain issues on Sahara Airlines for the period prior to the takeover.
According to it, these issues were unrelated to the activities of JetLite.
Jet Airways bought Sahara Airlines for Rs.1,450 crore in 2007 paying Rs.900 crore upfront, and had agreed to pay Rs.137 crore as yearly instalments over the next four years, the private air-carrier said.
“SICCL has not accepted this position and has therefore moved the high court for appropriate relief,” the regulatory statement said.
“Since the matter is sub-judice, we have been advised not to make any comment on the merits of the matter,” it added.





Sabarmati jail riot: HC asks for report
http://www.indianexpress.com/news/sabarmati-jail-riot-hc-asks-for-report/441122/0
Express news service Posted: Mar 31, 2009 at 0241 hrs IST
Ahmedabad: A division bench of the Gujarat High Court comprising Chief Justice K S Radhakrishnan and Justice Akil Kureshi on Monday directed Ahmedabad Additional Sessions Judge P B Desai to submit a report into alleged torture of inmates at the Sabarmati Central Jail, where prisoners clashed with staff last Friday.
Inspector General of Police (Prisons) Keshav Kumar, in an affidavit, denied any “severe beating” or torture. He submitted that he had recorded the statements of two prisoners and both denied they were ever beaten up by anybody. He also denied allegations that some inmates were not given medical treatment.
Although he said no complaint was ever received from any of the inmates regarding torture, family members of the July 26 Ahmedabad serial bomb blasts accused lodged in the jail made allegations against the jail staff. They said many of the blast accused suffered fractures due to severe beating by the police.
Separately, lawyers of the blasts accused filed a petition before the designated Metropolitan Court to get details of Friday’s incident. Following the petition, the court of designated Metropolitan Magistrate G M Patel asked the jail authorities to submit a report on the injuries sustained by the blast accused following the incident and the treatment they were provided in two days.
Undertrials had indulged in alleged rioting on Friday following which jail authorities had resorted to lathicharge. A number of jail staff and undertrials were injured in the incident. A police complaint was lodged against 56 inmates, including six blast accused, under rioting and allied charges.
After rumours spread that one of the blast accused was killed and two others were critically injured, relatives and lawyers of the blast accused on Sunday sought permission to meet the prisoners. On being denied permission, a group of defence lawyers approached the court.
Family members and relatives were allowed to meet the blast accused on Monday. After the meeting, they alleged that many of them had suffered head injuries and fractures in legs and hands.
They alleged that the jail staff began assaulting the accused as they were offering Friday prayers, with any provocation. They alleged that the authorities then cooked up the riot story.
Shazia, wife of key accused Sajid Mansuri, alleged that Sajid was performing prayers when the jail staff began hitting him on head and legs. “My husband has suffered serious injuries on the back of his head and both the legs are fractured,” she said.
Accused Arif Kagdi’s wife Farzana alleged that Arif’s hands were fractured. “One of his rib bones is also fractured and he can’t sit and walk,” she alleged.





Land adjoining tarmac under NHAI purview: HC
http://www.indianexpress.com/news/land-adjoining-tarmac-under-nhai-purview.../441124/
Krishnadas Rajagopal Posted: Mar 31, 2009 at 0246 hrs IST
New Delhi: A “NATIONAL highway” will no longer mean the road itself but beyond it. In a decision which explains what a “highway” really means, the Delhi High Court on Monday expanded the statutory duties of National Highways Authority of India (NHAI) to “maintain or manage” a highway to the lands adjoining the tarmac.
“The responsibility of maintaining and managing national highways vested in or entrusted to the NHAI entails the functions of preventing or removing encroachments along the national highways too,” a Division Bench of Justices Mukul Mudgal and Vipin Sanghi ruled in their judgment delivered on Monday.
“Encroachments along the national highways are bound to obstruct the use of the highway and impede the flow of traffic,” the court observed.
“Consequently, we find that the NHAI is concerned even if an encroachment is not exactly on the National Highway itself, but on the land abutting the highway,” the court said.
The Bench passed the ruling while throwing out a petition filed by the premier Apollo Hospital Group challenging a notice issued to them by the NHAI that the former was allegedly encroaching on National Highway 2 towards Faridabad.
Apollo argued that 15 acres of land at Sarita Vihar here was allotted by the Delhi Development Authority to the Delhi Government, which it had subsequently leased to the hospital group on March 16, 1991. The hospital group accused the NHAI of “threatening” them with legal action unless they moved out of a certain “strip of land” illegally occupied by them.
“NHAI has no locus standi or jurisdiction... NHAI is not the owner of the land, the land belongs to DDA, which did not initiate any action,” the hospital group submitted.
On the other hand, the NHAI refuted that a demarcation survey of the disputed land strip was held consecutively in 2006 and 2007 by Revenue authorities, which confirmed encroachment on Apollo’s part.
The Bench, while desisting to interfere in the findings of the Revenue authorities, said “NHAI has indeed locus standi to take action against encroachment of lands falling along national highways”.




HC hearing on Bisoi suspension today
http://timesofindia.indiatimes.com/Delhi/HC-hearing-on-Bisoi-suspension-today/articleshow/4336358.cms
31 Mar 2009, 0200 hrs IST, TNN
NEW DELHI: After a TOI report highlighted last week how suspension of cardio-thoracic surgeon Dr A K Bisoi resulted in absence of medical aid to a child leading to his death, the Delhi High Court is likely to hear the matter suo motu on tuesday. A division bench comprising Chief Justice A P Shah and Justice Sanjeev Khanna is expected to take up the case of children whose treatment is suffering allegedly due to suspension of Bisoi by the health ministry and his services therefore not being available to the patients. Apart from the TOI reports, HC's attention was drawn to this case by letters written by parents and relatives of the affected children one of whom, Prithvi, died on Friday of chest infection. The letters urged the Chief Justice to intervene. Bisoi had conducted a special arterial switch operation to correct Prithvi's transposition of the great arteries (TGA) three weeks ago. However, doctors at AIIMS allege that Prithvi died because no doctor was assigned to monitor post-operative health after Bisoi's suspension. Prithvi supposedly contracted pneumonia after being moved to the ward from the ICU. After Bisoi's suspension, AIIMS director Dr R C Deka had issued instructions to the cardio-thoracic and vascular sciences centre (CTVS) to ensure that the five other surgeons of the centre attended to Bisoi's patients. However, insiders alleged that CTVS chief Dr Sampath Kumar did not authorize other consultants in the department to take over Bisoi's cases in time.





Architect Hafeez Contractor moves HC for relief
http://timesofindia.indiatimes.com/India/Architect-Hafeez-Contractor-moves-HC-for-relief/articleshow/4337103.cms
31 Mar 2009, 0225 hrs IST, Nauzer Bharucha, TNN
MUMBAI: A week after his licence to practice was suspended by Council of Architecture, architect Hafeez Contractor on Monday moved the Delhi high court to get the council’s order set aside and quashed. The matter has been posted for hearing on Wednesday. Acting on a complaint by a fellow architect Sudhir Vohra, the council on March 24 suspended Contractor's licence for one year and directed him to surrender the certificate of registration issued to him. Vohra had complained that Contractor had posed in an advertisement for a computer hardware company Hewlett Packard two years ago. The complainant alleged this amounted to professional misconduct as the architect had advertised his work and proclaimed himself to be India’s favourite architect. In his petition, Contractor stated he had informed the council during its inquiry that neither had he paid nor had he received any consideration from HP India Sales in connection with advertisement.





No HC relief for hospitals encroaching on highway
http://timesofindia.indiatimes.com/Delhi/No-HC-relief-for-hospitals-encroaching-on-highway/articleshow/4336361.cms
31 Mar 2009, 0201 hrs IST, TNN
NEW DELHI: The Delhi High Court on Monday rejected the plea of Indraprastha Apollo Hospital for quashing of the demolition order initiated by National Highway Authority of India (NHAI) against it following a complaint that the hospital had encroached the highway abutting it. Dismissing a petition filed by Indraprashtha Medical Corporation Limited (IMCL), a division bench of justice Mukul Mudgal and justice Vipin Sanghi held that the demolition order of NHAI was in accordance with the law. "Responsibility of maintaining and managing highways entails preventing or removing encroachments from a national highway,'' the bench held, saying NHAI has full authority to remove any encroachments which threatened to disrupt highway traffic. "NHAI has a statutory duty to prevent and remove the encroachment along the National Highway vested in, or entrusted to it and the impugned communication dated March 22, 2007 was issued in discharge of the said responsibility,'' the court said in its judgement. "Encroachment along the national highway are bound to obstruct the use of highway and impede the flow of traffic,'' the court observed while rejecting the submission of the hospital that NHAI did not have the right to demolish any of its structures. The hospital claimed the constructions were on a road abutting the highway so NHAI had no right to demolish these. But the bench rejected this argument as also the argument that NHAI has no right to remove the illegal structure as the hospital management had entered into a lease deal with the Delhi government while obtaining the 71 bigha land, allotted by DDA, in Sarita Vihar for construction of the building in March 1994. The hospital argued NHAI had no role to play in this regard.





HC notice to BBMP
http://timesofindia.indiatimes.com/Bangalore/HC-notice-to-BBMP/articleshow/4336625.cms
31 Mar 2009, 0212 hrs IST, TNN
The high court on Monday issued notice to the BBMP on a batch of petitions filed by hotels with lodging
facility, challenging the new property tax policy. Justice Ram Mohan Reddy ordered emergent notice to the civic body on petitions filed by K L Ramanatha Bhat and others. "The BBMP cannot equate income tax with property tax. Room rent cannot be the basis of property tax and levy based on number of floors is arbitrary. Singling out hotels with lodging facility from other non-residential activities is discrimination under the Constitution. While a theatre in A zone has a tariff rate of Rs 4/UAV, lodges are asked to pay Rs 8 irrespective of the zone. This has resulted in a 200 to 500 per cent increase in property tax," P R Ramesh, counsel for the petitioners, said. The petitioners have sought for collection of tax at prevailing SAS rate for 2008-09, and an addition of 20% for 2009-10.




Dismissed cops moves HC against seniors
http://timesofindia.indiatimes.com/Allahabad/Dismissed-cops-moves-HC-against-seniors/articleshow/4336259.cms
30 Mar 2009, 2239 hrs IST, TNN
ALLAHABAD: Dismissed constables have filed a contempt petition in the Allahabad HC, seeking punishment of the senior police officers of the state for non-compliance with the orders passed by the HC in favour of the constables, wherein their services annulled by the state government was quashed. Contempt petition has been filed by Pawan Kumar Singh and several others, whose writ petitions were allowed by the court on December 8, 2008 and the court had quashed their termination orders. The petitioners in the contempt petition have alleged that senior police officers had failed to abide by the ruling of the court. The constables have said that senior IPS officers had failed to comply with the orders passed by the HC on December 8, 2008 and special appeal bench order date March 4, 2008. Principal secretary (home) of the UP government, Kunwar Fateh Bahadur Singh, DGP UP, Vikram Singh, IG establishment, DIG establishment and one other senior police officer have made party in the contempt petition.





Meter check PIL by taxi lobby
http://www.telegraphindia.com/1090331/jsp/calcutta/story_10747715.jsp
OUR LEGAL REPORTER
Three taxi owners’ and drivers’ associations have challenged the transport department’s authority to get check taxi meters checked by a private agency against a fee, twice a year.
Admitting the petition, Justice J. Biswas of the high court on Monday gave the state two days to clarify whether the transport department was empowered to order such checks on taxis plying in the Calcutta Metropolitan Area.
The petitioners, citing a department notification issued on February 18, submitted that only the public vehicles directorate could check the meters and issue certificates twice a year against a fee of Rs 300 each time.
“But in reality, a private organisation — Bhagwandas and Company — has been entrusted with checking meters and issuing certificates,” Arunava Ghosh, the petitioners’ lawyer, told the court.
Ghosh claimed that the Motor Vehicles Rules did not have any provision for checking taxi meters against a fee. He also alleged that Bhagwandas owned a company that manufactured taxi meters. “How can a company that manufactures taxi meters be allowed to check meters?” Ghosh asked in court.
The petitioners claimed that the transport department had stated in the notification that the process of checking meters was finalised abiding by Rule 265 of the Motor Vehicles Act, which was in turn based on Rule 264 of the act. Rule 264, the state claims, empowers the department to check taxi meters.
“But the transport department, through another notification in 2003, had struck down Rule 264. How can a rule that is made on the basis of a non-existent rule be valid?” asked a lawyer assisting Ghosh.
Manirujamman, the state lawyer, said his senior colleague had sought instructions from the transport department to make a submission in court. The judge asked the state lawyer to come on Wednesday.
The three petitioner associations are — the Calcutta Taxi Association, Progressive Taxi Owners’ Association and the Calcutta Metropolitan Taxi Drivers’ Association.





Quarrying lease quashed
http://timesofindia.indiatimes.com/Cities/Quarrying-lease-quashed/articleshow/4336649.cms
31 Mar 2009, 0215 hrs IST, TNN
BANGALORE: A division bench headed by Chief Justice P D Dinakaran allowed a PIL and quashed a 10-year quarrying lease for multi-coloured granite, in favour of A C Shivalinge Gowda in Doddakoppa village in Kanakapura taluk of Ramanagaram district. "The 2.20 acres form part of the century-old lake, the only water source for the surrounding villages. Though a committee had rejected earlier proposals, the authorities gave the lease in December 2007," B M Irshad Ahmed, counsel for the petitioner, told the court.




IGP shows canteen sales, says all's well
http://timesofindia.indiatimes.com/Cities/IGP-shows-canteen-sales-says-alls-well/articleshow/4336786.cms
31 Mar 2009, 0324 hrs IST, TNN
Ahmedabad : All's well in Sabarmati Central Jail, is what IGP prisons Keshav Kumar conveyed in his affidavit responding to a PIL in Gujarat High Court that accused jail authorities of torturing inmates and not providing proper canteen facilities. Rebutting charges that he had put restrictions on inmates using canteen, he clarified that all items except shaving blades were sold in the canteen, and inmates continued to purchase them on regular basis. He presented a chart of monthly sales of the canteen in support. He has also denied the charge that prison had delayed payment of daily wages to inmates for their labour. Kumar stated that Rs 16 have been paid to unskilled workers, Rs 18 to semi-skilled workers and Rs 20 to those who are skilled labourers.
The affidavit also provides data about other jails in various states to show that Ahmedabad jail is at par with other jails in making payment of wages. However, the figures of sale in canteen show that more than half of what is earned by some 4,200 inmates (both undertrials and convicts) as their wages is spent over purchasing things from the jail canteen only.





Crime minister of India: How law lets him get away
http://ibnlive.in.com/news/criminals-as-politicians-how-law-lets-them-get-away/89081-37.html
Divya Iyer / CNN-IBN
Published on Tue, Mar 31, 2009 at 00:26, Updated on Tue, Mar 31, 2009 at 00:35
New Delhi: A convicted criminal, an aspiring MP - Sanjay Dutt isn't the first person to ask a court to suspend his conviction so that he can contest an election.
Dutt's main obstacle is the Representation of People Act, Section 8 of which says that any person convicted for a crime and sentenced to more than two years, cannot fight elections till six years after the completion of his sentence.
Under these circumstances, stay orders become the window that politicians with criminal use.
It started with Navjot Singh Sidhu in 2007 when the Supreme Court suspended his conviction for murder and allowed him to contest the Parliamentary by-election in Amritsar. Sidhu won and now every politician is following suit.
“It is the failure of judicial system that we are unable to conclude our criminal trials quickly,” says senior advocate Prashant Bhushan.
No court has followed the precedent of the Sidhu case. Mohammed Shahabuddin, convicted in seven criminal cases, including murder, was denied permission to contest the Lok Sabha election by the Patna High Court last week.
Similarly, underworld don Babloo Srivastava, found guilty of murder, was not granted a stay on his conviction by the Supreme Court.
“SC must uphold the rule of law, it cannot make exceptions just because it likes one person or dislikes the other. Why not Babloo Srivastava, why not Madan Bhaiyya - why should they not be allowed to contest? And if they are allowed to, why have law at all?” asks Delhi HC lawyer R S Sodhi.
Two Lucknow lawyers have also filed a PIL asking the Supreme Court to not allow any future stays on convictions.
But that hasn't prevented other convicted people like Dutt from trying. RJD MP Pappu Yadav, convicted for murder and LJP MP Suraj Bhan from Bihar are both asking for a stay on their convictions.




Judiciary & Children
http://www.mynews.in/fullstory.aspx?storyid=16952
(Manoj Kumar Pandey)
Quality Institutional Care for Alternative Children (QIC-AC) has organized a consultation on the topic Judiciary And Children on 22nd march, 2009 at Gandhi Adhayayanpith Kashi Vidyapith, Varanasi, in which the member of Juvenile Justice Board Sri Ram Prakash Diwedi, senior advocate Sri Tanweer Ahamad Siddique, High Court Advocate Sri Manoj Mishra, Dr Sanjay Reader in Social Work Deportment (Kashi Vidyapith), Ms Vinika Karoli State Coordinator of QIC-AC, Ms Jagriti Rahi(Secretary- Vission), Ms Shruti Member of QIC-AC, Dr Lenin the Convener of PVCHR and more than fifty representatives from different organization have participated. Ms Jagriti Rahi has conducted the consultation. Ms Vinika Karoli introduced the objective of QIC-AC in brief. She said that QIC-AC has been established in 2006. QIC-AC has conducted a survey in all remand homes through its working partner. It was found out that the conditions of the children in these homes are very pathetic and inhumane. The condition of Allahabad remand home is worse than any other home, where the building was threadbare and many children were suffering from chickenpox. Public Interest Litigation (PIL) has been filed by QIC-AC. On the basis of PIL the Allahabad high court had issued notice to the Secretary Women and Child Welfare Department. The department submitted the affidavit for following up of the order of Honorable High Court. QIC-AC again visited the observation home and special home with a view to check that the children of these homes, are getting the facilities provided by government or not. These homes are provided Rs 600/ per head to maintain the children. The government has statrted Serva Shiksha Abhiyaan (campaign for Education to All) in the home. The building and other accommodation have been provided. However QIC-AC realized that the children are separated from the mainstream when they are admitted in observation home. So partner of QIC-AC took initiative on this issue and created model in Jari area of Allahabad and Badayun, where they approached to the Village Head and Panchayat to adopt the child instead of sending them in observation and that child may be given in custody of any villager in the supervision of Panchayat, so that they can develop their personality in their home/village atmosphere. She also cited the example of juvenile of Jaitpura Varanasi in which the police broken his leg when he was charged for theft.
At the occasion advocate Sri Tanweer Ahamad Siddique expressed his view by critising that Juvenile Justice Act, 2000 has many drawbacks which causes problem in delivering justice in favor of Juvenile. He pointed out that holding juvenile to the juvenile in conflict of law is very difficult. He told that the child whose age is below than 18 years at the time of commission of crime, he considered to be juvenile in conflict of law. However holding a child as juvenile in a criminal case is very difficult so the trial of that juvenile is done along with the other adult accused of the offence. That child may be punished with imprisonment or other punishment. If a child comes out of jail after the completion of the punishment his mindset is completely changed because the situation of the jail is known to all. The children are more puzzled in the jail and they are used as a servant like cleaning drainage, sweeping, they have to suffer a lot as they are exploited by jail authority as well as adult prisoners. All this makes his mind cruel and hatred towards society. However, the supreme court of India passed an order that the issue of the juvenile may be raised at any stage of proceeding along with appeal, and revision, which makes easy to hold a juvenile in any case. He also mentioned that the Government shall constitute a Juvenile Justice Board and Child Welfare Committee in every district or group of district within one year from the enforcement of this Act. He regretted that even after the eight year from the enforcement of Juvenile Justice Act, 2000 Child Welfare Committee and Juvenile Justice Board has not been constituted in every district and many children are deprived from justice. Recently the Chief Justice of Allahabad high court enquired from the Secretary of UP that why the child welfare committee has not been constituted. He expressed his concern that how it is possible to tackle the matter of seven districts by the three member of juvenile justice board of Ramnagar Varanasi. He said that the sanitation system of these places is too horrible to stand there. He said that the City Majistrate is holding the responsibility of Child Welfare Committee, which is not good. He also narrated the pathetic condition of Ramnagar and Allahabad home on the basis of his visit as a member of Human Right Law Network. He expressed his concern by saying that where on one hand we are living in 21st centaury and aware about many development on the other hand million of children are deprived from education, health, and accommodation. He expressed his concern of unsensititive and negligence of the government. In the last he emphasized that if Child Welfare Committee and Juvenile Justice Board will not be constituted in every district according to the provision of Juvenile Justice Act, 2000, we should organize a protest at the district head-quarters of each district. He appealed to continue this struggle until the children of remand home and special home would get the same status of education, health, and accommodation, sanitation, etc. he also demanded for technical education for these children.

Member of Juvenile Justice Board Sri Ram Prakash Diwedi shared chalalnges faced by him in performing his duties. He told that more than two hundred countries had adopted United Nations Conventions on Child Rights. This convention declared four rights for child i.e. right to survive, right to protection, right to development, and right to participation. India has ratified this Convention. He pointed out that the child who came in conflict with law, justice should be given to him. There is no penal provision in this Act. However the situation of the children becomes worse than punishment while they undergo many years judicial process. He also shared that when he joined the Board, there was no place for the Judge, Advocate and children. More than 3500 cases were pending and only one day in week had been fixed for hearing of the cases. He struggled a lot for the accommodation and suggested for three days hearing in a week, which has been accepted. He also told that the warden tries to keep more children in his home with a view to obtain Rs 50/ for the maintenance of that child. He also made clear that if child is held guilty for the commission of an offence by the board, he can not be prevented from job in government sector in future. He also expressed his commitment for the speedy disposal of the cases related to children. However he said that the he never allow taking the benefit of juvenile for the children who are at the border of 18 years. He cited the case of Shravan Kumar whose parental relatives have entangled him in attempt to murder and those relatives were trying not to hold him juvenile, but as the member of Board he used his discretionary power and upheld the child as juvenile. He said that he made provision for one surety for one section, earlier which was two sureties for one section. He issued notice to District Probation Officer of Sonebhadra for misconduct committed by him in releasing child. He expressed his concern on the matter where natural guardian denies taking the custody of his child. He said that if any guardian of the child comes in the court and express his willingness to take the custody of the child, the board allows him. He also expressed his concern that there is no legal person to advocate the case of poor children. The Board is bound by law. No justice to the children can be delivered until every body show his commitment to abide by law. He also shared that at the stage of trial many problems are arisen. He also discussed the effort of foreign couple in providing assistances to the girls in their study. He also discussed that once Child Welfare Committee has been constituted and it started work very efficiently, but some people pointed its drawbacks and it has been dissolved. Then after District Magistrate Varanasi took the responsibility of Child Welfare Committee. Since the DM is authorized to delegate his power. So the District Magistrate Varanasi has delegated his power to City Magistrate but the City Magistrate is not able to understand his responsibility of CWC and he is not willing to proceed with the cases out side of Varanasi. He also discussed his contribution to improve the condition of children of remand home. He suggested for the education, cloths and other accommodations. He also advocated for the secure home for girl juveniles. In one case he handed over the five days infant to SOS, which was later objected by DPO. He gave logic that if formality will be completed before handing over, it may endanger the life of the child. He also informed that final judgment about the adoption would be taken by Juvenile Justice Board.. He hoped that Child Welfare Committee may be constituted till the end of May, 2009.
At the occasion Father Dilraj of Child Help Line told that child of any age who are orphan or semi-orphan are provided assistance for their study up to 12th class. The Child Help Line no. is 1098. Any body who found any missing child, puzzled child or child whose life is endanger, can inform the Child Help Line.
At the occasion PVCHR presented the case of Kaju, who is juvenile and falsely entangled by the police. His matter is still pending in the Board.
In the consultation Ms Shruti Expressed that the matter of the children is still taken very lightly and they are considered as child by their elder. If the people consider the child as the citizen, their development will take right shape. She expressed her concern about the pathetic condition of children in homes, so she suggested that the children can be provided better care and protection at their house environment. She also pointed out that many people are not aware about the Act and the advocates are not showing interest in the implementation of the Act. She discussed about the report of different police station obtained through Right to Information Act. She found that the numbers of missing and recovered children are same in every police station, which is beyond the belief. She informed that Child Friendly Police has not been constituted at any police station.
At the consultation Ms Sandhaya shared her opinion by saying the children are future of country, but there is sensitivity for them. The children should be included in mainstream. The awareness at Panchayat level must be spread so that every person can express his sensitivity towards children. She suggested for the constitution of child committee at Panchayat level. The family should, who support the children, should be supported from Panchayat and Government. She also demanded for the constitution of Child Welfare Committee. She hoped that children should be given speedy justice.
In last Dr Lenin appealed from the people to write an open letter to MP/MLA and news paper through print and electronic media for the constitution of Child Welfare Committee and Juvenile Justice Board in every district.

Conclusion: in the last the consultation came at the conclusion that
The children of remand home should be provided proper accommodation, education, and health facilities.
Child Welfare Committee and Juvenile Justice Board should be constituted in every district.
The awareness should be spread at Panchayat level to annex the children with mainstream.
Bal Mitra police should be constituted at every police station, so that the juvenile related matter can be tackled in comfortable way.



© 2008 mynews.in





Now institutions can buy land before seeking exemption
http://timesofindia.indiatimes.com/Chennai/Now-institutions-can-buy-land-before-seeking-exemption/articleshow/4336789.cms
31 Mar 2009, 0236 hrs IST, TNN
CHENNAI: Soon, educational institutions can first acquire tracts of lands and then approach the government for exemption from land ceiling provisions. According to the state government
, a state amendment to the Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act 1961 was awaiting presidential assent. Recording this development, a division bench of the Madras High Court comprising Justice P K Misra and Justice A Kulasekaran disposed of a batch of about 30 writ appeals and writ petitions, and directed the state government as well as the Anna University to consider afresh applications from educational institutions seeking land ceiling exemptions. In November 2002, the government and the university declined to grant affiliations to these institutions, on the ground that they did not obtain permission under Section 37B before seeking affiliation. They must first obtain permission and then acquire lands, it said, adding, "there could not be post facto permission or approval." During the pendency of these appeals and petitions, the government amended the Act empowering itself to grant approval to those who seek approval after the land was acquired. However, they must file the applications within a time limit, the amendment said. The amendment has been passed by the assembly and it was awaiting presidential assent. After hearing the government and senior advocate K Duraisamy, the bench said that it need not go into the issue in view of the latest development, and remanded the matter back to the government and the university, asking them to consider the applications of the institutions afresh. Till the matter is decided one way or the other, the interim stay orders granted by the court would be in force, the bench said.





Minister Ola overruled all to reserve mines
http://www.indianexpress.com/news/minister-ola-overruled-all-to-reserve-mines/441073/0
Priyadarshi Siddhanta Posted: Mar 31, 2009 at 0138 hrs IST
New Delhi: Mines minister Sis Ram Ola has ignored his own officials and the advice of the Karnataka Government and overlooked the Cabinet secretary by intensely pitching for reserving 1,503 hectares of the prized Ramandurg iron ore mines in the state for PSU Minerals and Metals Trading Corporation (MMTC). MMTC falls under the purview of the commerce ministry.
Records available with The Indian Express show that Shantanu Consul, who till March 22 was mines secretary, held that the proposed notification might not be legally tenable, but was overruled by Ola at every stage. Finally, he was shunted to the Department of Water Resources as secretary.
But even as the order to reserve the Ramandurg mines in Bellary district remains to be notified, state-owned mining giant National Mineral Development Corporation (NMDC) has served a legal notice on the mines ministry, stating that this would amount to contempt of court and violation of the model code of conduct. Repeated attempts to meet Ola failed. He did not answer the phone calls either. Consul, when contacted, refused to comment.
In March 2003, the Karnataka government had invited expressions of interest for mining lease from prospective players. But several applicants including NMDC had applied for mining leases even before the EoI was floated. NMDC, which had way back in 1971-73 carried out detailed exploration and submitted a feasibility report to Karnataka, filed a petition in the High Court, which in April 2003 ordered the state not to grant the lease to any third party.
Many other companies too had filed writ appeals against the state notification. A division bench later upheld this, dismissed all writ appeals and asked the state not to treat the earlier applications as premature and instead give them preferential rights over others.
While Ola, through repeated notes, wanted his
ministry to issue a notification in favour of MMTC, Consul sought to go by the rulebook. He said the ministry must seek the opinion of the legislative department. But Ola was insistent that the notification be
issued at once.
Karnataka itself squarely opposed the move and questioned the wisdom of granting MMTC the said rights, arguing it was not a miner but a mere trading company. Moreover, the state’s new mineral policy mandates that value-adders be given preference in granting of prospecting licence for mines within its boundaries.
Consul’s act of referring the relevant files with background to the legislative department incensed the minister, who held the action “willful insubordination.” He ordered initiation of disciplinary proceedings against the concerned director. But, defending the director, Consul maintained that “the director is a fine officer and I am sure he would never suppress the Minister of Mines’ order.”
Sensing the matter was turning nasty, Consul sought Cabinet secretary K M Chandrasekhar’s advice including his suggestion seeking the advice of the legislative department. The Cabinet secretary also endorsed Consul’s stand. But Consul has since been shifted to the water resources department. Santha Sheela Nair, secretary in the water resources department, took over as mines secretary.
NMDC woke up to the developments and sent a legal notice through its lawyers K Raghavacharyulu & Associates, reminding the government of the Karnataka High Court order. The notice pointed out that the Central government could notify reserving certain areas with a view to conserving iron ore but only after due consultation with the state.
It further pointed to sub-section 1(17) (A) of the MMDR Act that does not authorise or empower the central government to issue any such notification in favour or “any trading government company”.




HC allows woman to go with in-laws
http://timesofindia.indiatimes.com/Cities/HC-allows-woman-to-go-with-in-laws/articleshow/4336732.cms
31 Mar 2009, 0130 hrs IST, TNN
PATNA: The Patna High Court on Monday ordered release of Pratibha Kumari from After Care Home, Gaighat, Patna City, and allowed her to go with her in-laws. Her husband is behind the bars in a case of her alleged kidnapping. A division bench comprising Chief Justice J B Koshy and Justice Ravi Ranjan passed the order while hearing a criminal writ petition of Pratibha's father-in-law Ram Prahlad Jha. She appeared before the court on its directive and submitted that she wanted to go with her in-laws and not with her parents. The petitioner's counsel Chakradhari Sharan Singh and Ray Saurabh Nath, submitted before the court that Pratibha's husband, Rajiv Jha, had been behind the bars after her parents filed a case alleging that he along with some of his family members had abducted Pratibha. Gaya civil surgeon summoned: A single bench presided over by Justice V N Sinha on Monday directed the civil surgeon of Gaya to appear before the court to give reply to a writ petition which alleged that the candidates empanelled for appointment to Class IV posts were not allowed to join due to the upcoming parliamentary elections.




Indian law students can intern in UK firms: Tribunal
http://www.livemint.com/2009/03/30144620/Indian-law-students-can-intern.html
The Employment Appellate Tribunal has held that refusal by a firm to even consider applications by non-European Economic Area nationals amounted to “indirect racial discrimination”