LEGAL NEWS 21.04.2009

Can marry without prior notice sent to parents, rules HC
http://www.expressindia.com/latest-news/can-marry-without-prior-notice-sent-to-parents-rules-hc/449221/
Express News Service
Posted: Apr 21, 2009 at 2334 hrs IST
New Delhi Comes to aid of man who wants to marry ‘manglik’
Young couples planning to get married under “special” circumstances may avoid including the names of their parents and relatives on the guests’ list, the Delhi High Court has ruled.
The court has directed marriage officers to not “jeopardise” plans of couples entering the wedlock “quietly” under the Special Marriage Act of 1954 by sending prior notices of the wedding to their residences.
“It is to be kept in mind that the Special Marriage Act was enacted to enable a special form of marriage for any Indian national, professing different faiths or desiring a civil form of marriage,” Justice S Ravindra Bhat observed in a recent verdict. “The unwarranted disclosure of matrimonial plans by two adults may in many situations jeopardise the marriage itself. In certain instances, it may even endanger the life and limb of one or the other party due to parental interference.”
The court also observed that neither the Act nor the website of the Delhi government require marriage officers to send advance notices to the couples’ residences, or to the local police stations. “The procedure is completely whimsical and without any authority of law... All marriage officers are hereby directed to not dispatch notices to residences of applicants who seek to solemnise their marriages,” the court directed.
The court was deciding on an urgent petition filed by a 24-year-old engineer (name withheld) employed in a public sector corporation, who decided to marry his companion under the Special Marriage Act without the knowledge of their parents. He opted for the special law because he “knew” his parents would be sorely against their son for marrying a “manglik” woman.
The district marriage officer, however, proved a dampener for the wedding plans of the young couple when he informed them that a “notice of intended marriage” would be sent to both parents. The petitioner describes his father as being “very emotionally attached” to him. “He (the father) has his own dreams and plans about my marriage,” the young man has pleaded. “He would get the shock of his life (to know he is marrying a ‘manglik’ woman).”





HC Bench hauls police inspector
http://www.hindu.com/2009/04/21/stories/2009042155080100.htm
Staff Reporter
MADURAI: The Madras High Court Bench here on Monday ordered departmental action against a police Inspector for allegedly facilitating the escape of a person from a preventive detention order passed against him by the Dindigul Collector on November 22.
Allowing a habeas corpus petition filed by the mother of the accused, a Division Bench comprising Justice M. Chockalingam and Justice R. Mala quashed the detention order on the basis of various discrepancies in the documents prepared by the Inspector in connection with the detention.
The Division Bench pointed out that the detention order number had been mentioned wrongly in different documents. Further, one of the documents stated that the consignment seized from the accused was sent to a godown in Dindigul though it had been actually sent to a warehouse in Karur.
The Judges said that the discrepancies seemed to have been committed deliberately and not inadvertently as claimed by the then Collector R. Vasuki in her counter affidavit. “It casts a doubt in the mind of the court that it was done in order to help the detainee,” the Bench observed in its orders.
Seeks report from IG
“A responsible police officer is not expected to do so,” the Judges said and directed the Inspector General of Police concerned to initiate necessary action. They made it clear that the IG should submit a report before the High Court Registry within two months and adjourned the matter thereafter.





MP HC PIL against Advocate General quashedhttp://www.indlawnews.com/Newsdisplay.aspx?38218dda-c5ae-4aeb-99de-9f46b062a9ff
4/19/2009
The Madhya Pradesh High Court has quashed a PIL challenging misuse of post by state Advocate General R N Singh, encroachment of kabristan land and other allegations.Hearing a petition filed by sarpanch Devendra Tiwari and social activist Shailendra Raikwar, a Division Bench comprising Justices Deepak Mishra and Ramkishan Gupta quashed charges against Mr Singh and his advocate son.The petition stated that Mr Singh and his family members had encroached on a kabristan land at Barha village in Jabalpur division. The court found that false allegations had been levelled due to political and personal enmity that could not be proved. The court acquitted petitioners warning them to not waste the time of court in future by leveling false allegations.UNI




No notice to parents under Special Marriage Act:HC to SDMs

http://www.indopia.in/India-usa-uk-news/latest-news/553407/National/1/20/1
Published: April 20,2009

New Delhi, Apr 20 Young couples wishing to tie nuptial knot without family sanction can do so without hassle as the Delhi High Court has ruled that the Marriage Officers are not required to dispatch notices to the parents under the Special Marriage Act.
The Court, however, directed the officers to display the notice on the notice board of the Marriage Officers(Sub Divisional Magistrate).
"All Marriage Officers are hereby directed not to dispatch notices to the residence of the applicants who seek solemnisation of their marriage under the Special Marriage Act. It is, however, open to the officers to display the notice on the office notice board in accordance with law,"said Justice S Ravindra Bhat in a judgement recently.
"The unwarranted disclosure of the matrimonial plans by two adults entitled to solemnise, it may in certain situations, jeopardise the marriage itself", the court said adding"in certain circumstances, it may even endanger the life or limb of one or the other party due to parental interference".
The court order came on a petition by two lovers in their early twenties and keen to marry with the plea that prior notice sent to parents in court marriages should not be served as it would spoil their dream.
Source: PTI





HC stays deportation of 13-year-old Tibetan boy

http://www.indopia.in/India-usa-uk-news/latest-news/553431/National/1/20/1
Published: April 20,2009

New Delhi, Apr 20 The Delhi High Court today stayed the deportation of 13-year old Tibetan boy who is regarded as 4th incarnation of an ancient revered monk and whom the government considered as a security threat to India.
"No coercive steps to be taken to deport the petitioner," Justice S Ravinder Bhat said on a petition filed by Lodro Chokyi Nyima, regarded as the incarnation of Jamgon Kongtiul Rinpoche, seeking to quash the deportation order passed by the Centre in March this year.
Justifying the government&aposs action, Additional Solicitor General P P Malhotra contended that the child did not have valid passport and he was to be deported as he was a security threat to the country.
The court, however, was not satisfied with the explanation and restrained the government from taking any coercive action him.
" Even the Dalai Lama din&apost have the passport. It is all about how you see it. The person is facing threat to his life and such a circumstance has to be considered,"the court said.
Nyima was born in Lhasa on November 26, 1995. His parents brought him to India in 1997 when he was two year old.
Source: PTI





Parents of dead police office move HC seeking CBI probe

http://www.indopia.in/India-usa-uk-news/latest-news/553443/National/1/20/1
Published: April 20,2009

Kolkata , Apr 20 The parents of Arindam Manna, a former investigation officer in Rizwanur Rahman case who was found dead under mysterious circumstances in February, today moved the Calcutta High Court seeking a CBI probe into the incident.
Ashok and Malati Manna moved an application before Justice Sanjib Banerjee seeking transfer of the investigation from the CID to CBI claiming that an investigation by the central agency would ensure impartiality.
Justice Banerjee directed the state to file an affidavit within six weeks stating the progress in investigation, while the parents would file a counter affidavit within two weeks after that. The matter would come up for hearing in June.
Arindam was a sub-inspector at the Dum Dum government railway police station. His body was found near the rail tracks at Mankundu station on February 11. He was the investigating officer for just a day before the CID had taken over the probe into the death of computer graphics teacher Rizwanur Rahman.
Source: PTI





Calcutta HC hands it to institutes
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=251686
Tirthankar MitraKOLKATA, April 20: Dismissing a writ petition recently, Mr Justice Soumitra Pal of Calcutta High Court held that an authority has the power to prescribe qualification and courts cannot decide whether a particular educational qualification should or should not be accepted as equivalent to the qualification prescribed by the authority. The writ petition prayed for a declaration of the West Bengal School Service Commission rules for selection of teachers as ultra vires the provisions of Articles 14 and 16 of the Constitution. The petitioners, possessing certificates awarded by the directorate of school education for the three year needlework tailoring course at the Lady Brabourne College, prayed for a direction to permit the petitioners to appear in the eighth Regional Level Selection Test. The petitioners are not eligible for the posts concerned, it was held as they did not have any certificate in tailoring and needle work of at least a two year course from any institution duly recognised by a UGC approved university. Nor did the petitioners have any degree or diploma in “work education” of the state government, it was further held. The petitioners have questioned the change in qualification, but the change of policy in such circumstances cannot be questioned, it was held. Mr Justice Pal upheld the submission of the respondents that change in qualification for attracting better talent has been brought about by experts. The respondent authorities have sought application from candidates having degree and diploma in “work education” and not diploma in tailoring and needle work, the court pointed out. Thereby it set aside the submission of the petitioners' counsel that tailoring and needle work was part of work education under a memo of the West Bengal Board of Secondary Education. There were elaborate submissions regarding challenge to the vires of the rules, the court noted. But either there were no formal pleadings or pleadings were inadequate, it was held.




Slum it out, first
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=HomePage&id=73bdc90b-45b5-464d-b20b-c615cce5c2e9&Headline=Slum+it+out%2c+first
Amrit Dhillon
April 20, 2009
First Published: 22:48 IST(20/4/2009)
Last Updated: 22:52 IST(20/4/2009)
Slumdog Millionaire star Rubina Ali’s father may well be a moral reprobate, a callous father, and a greedy opportunist with his eye to the main chance.
Rafiq Qureshi might well have been deeply misguided in thinking, if the News of the World story is true, that if he put Rubina up for adoption for 200,000 pounds, he could use the money to whisk his family out of the torture of Indian slum life while giving her a new start with a loving and wealthy couple.
No one likes the idea of a father selling off his daughter but it was nevertheless a cheap, vulgar, contemptible stunt by the tabloid to entrap Qureshi.
A privileged reporter from a wealthy country flies into a Mumbai slum to trick or persuade an impoverished and illiterate man to trade in his daughter for a better life for her and his whole family. It is the abyss between the two that is troubling. If the paper had picked on someone who could defend himself, the sting operation would have been less repugnant.
When the News of World exposes the moral frailties of celebrities or powerful personalities in the West, no unpleasant taste lingers in the mouth. These are people who can look after themselves.
But for a foreigner who has probably never experienced the inconvenience of a 30-minute power cut to swan in and pass moral judgement on an impoverished, vulnerable, slum-dweller is sickening.
Obviously, it never occurred to him that poverty can disfigure morality. When all you have known is squalor, hunger, no running water, no shred of comfort at home after a day’s work, panic at the thought of your children falling ill and not having enough money for medicines, and feeling degraded to the core by living conditions that would be deemed unfit for animals in the West, it can affect your moral sensibility. This is not to say that the poor are less moral than the rich. But verily it is generally easier for the rich to enjoy a higher level of moral hygiene than the poor.
Some areas of morality are contingent upon a level of material comfort and consequently are luxuries enjoyed by the well-to-do. Material security usually eliminates the need to make extreme choices or resolve horrible dilemmas.
The News of the World reporter will never (fortunately) have to make painful choices such as, out of four children, which one do you educate and which one do you put out to work?
Or, with no dowry to offer, do you marry your daughter off to a man twice her





No sympathy for rapists, murderers, says apex court
http://www.ptinews.com/pti/ptisite.nsf/0/8DC74A79CFF719C16525759E004C0BE9?OpenDocument

New Delhi, Apr 20 (PTI) The Supreme Court has said no sympathy should be shown to criminals involved in heinous offences like rape and murder as otherwise it would destroy the people's confidence in the justice delivery system."The social impact of the crime where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency, which have great impact on social order and public interest, cannot be lost sight of and per se require exemplary treatment," the apex court said.The apex court made the remarks while setting aside a Madhya Pradesh High Court judgement which had reduced the seven years rigorous imprisonment imposed on a rapist Sheikh Shahid to a mere six months on the specious reasoning that he hailed from a rural background.A three-member bench of Justices Arijit Pasayat, Lokeshwar Singh Panta and P Sathasivam said punishment should be imposed depending upon the nature of the crime and not on the basis of the criminal's background."It is the nature and gravity of the crime and not the criminal which are germane for consideration of appropriate punishment in a criminal trial, " the bench said in its judgement while referring to an earlier 1996 ruling in the Ravji Vs State of Rajasthan case. PTI





Marathis see red over Hindutva's saffron
http://www.dnaindia.com/report.asp?newsid=1249237
Nistula Hebbar
Tuesday, April 21, 2009 1:04 IST
Belgaum: The month of May will not only see a new government at the Centre, but also the 'rightful owner' of the colour saffron in Belgaum.
One of the northernmost districts of Karnataka, Belgaum, has over two lakh Marathis. The Marathi population has been defiantly hoisting a saffron flag on the district municipal building since the 1950s.
The flag, they say, is a symbol of Maratha pride. But now the saffron colour and its symbolic connotations have become a major campaign issue. A fight is on between the Hindutva brigade and the Marathis over who 'owns' the colour.
Things turned awry on March 17 this year when the Marathis were not allowed to hoist the flag at the new municipal corporation building as a PIL had been filed in a local court against the practice. The court took the view that only the Indian national flag could be hoisted on the building. So far, so good. But matters became complicated when BJP MP Suresh Angadi decided to intervene. Swearing on Kannada pride, he fought with Marathi leaders and hoisted the flag.
This resulted in a clash betweenAngadi's men and Kannada Rakshana Vedike activists, who accused the BJP MP of being anti-Kannada for letting the Marathis usurp the saffron colour.
In the melee, it dawned on Angadi that Maratha pride was all very well, but it would scupper his chances with the rest of the populace, including the 4.7 lakh Kannada-speaking lingayats in the area whotraditionally supported the BJP due to chief minister BS Yeddyurappa.
With opponents like Amar Singh Patil of the Congress and AB Patil of the Janata Dal (S), both lingyats, Angadi realised that the general elections would not be a cakewalk.
To make matters worse, the Akhil Bharatiya Veera Shaiva Mahasabha (ABVSM), which decides on lingayat support to candidates, has not given its blessings to any party. When DNA spoke to Angadi, he appeared upset at suggestions that he had taken a partisan stand on the flag issue. "The colour saffron stands for Hindu pride. Hindu warriors have fought under the saffron flag for centuries. What Varun Gandhi has done for Hindus in the north, I have done for Hindus in Belgaum," he said. When asked if that meant he was not interested in votes from Marathi-speaking residents of the district, he hastened to add, "Marathi and Kannada are like my two eyes. In Belgaum, one cannot see without both of them."
When AB Patil was asked to comment on the war over saffron ownership, he preferred to remain quiet. Saffron, it seems, has managed to make peoplein Belgaum see red.




State poll watch body to move court over growth in MPs’ assetshttp://www.assamtribune.com/scripts/details.asp?id=apr2109/at07
Staff Reporter GUWAHATI, April 20 – The election for the 15th Lok Sabha in Assam is being contested by six candidates with an average increase of more than Rs 1,00,000 per month in their total assets, in the past five years. All of them had contested the last parliamentary polls in 2004 and a comparison of court affidavits declaring movable and immovable assets shows a vast difference then and now. The richest contestant this time, Moni Kumar Subba’s assets growth rate is also the highest in past five years. Since 2004, there has been a growth to the tune of Rs 65, 74, 168.32 per month in Subba’s assets. The sitting Tezpur MP of the Congress is contesting from the same constituency. His assets are worth more than Rs 57 crores now whereas it was around Rs 18 crore as declared in 2004. Subba also tops the list of candidates with highest liabilities of around Rs 74 lakhs. Congress MP and a union minister Santosh Mohan Dev’s assets have increased at an average of Rs 14 lakh 79 thousand per month since last parliamentary polls. The value of his total asset is more than Rs 10 crore as declared this time. Congress MP and Lakhimpur contestant Ranee Narah’s affidavit shows an increase of more than Rs 8,00,000 per month, whereas autonomous district’s Biren Singh Engti has recorded an average asset growth of around Rs 3,00,000 per month. Another Congressman Bijoy Krishna Handique contesting from Jorhat is adding more than Rs 2,00,000 to his assets every month since 2004, as per his affidavit. Breaking the Congress monopoly, Rajen Gohain of the BJP, contesting from Nagaon is having a growth of Rs 1, 00, 000 every month in his total asset. Bringing out the finding of their survey on the background of Lok Sabha candidates contesting this time, the volunteers associated with the Assam Election Watch (AEW) campaign said that they are soon going to file a PIL in the court asking the candidates to declare the source of their money. “The EW is a national campaign launched to create awareness among the voters. At least 1,200 NGOs and groups are associated with it across the country. The PIL would be filed shortly, with an aim to bring more transparency in electioneering,” Tasaduk Ariful Hussain stated at a press conference today. The findings of the AEW include the educational background, liabilities, criminal records and other information about the candidates. The asset growth survey has not included second and third richest contestants from Assam, Sirajuddin Ajmal and Badaruddin Ajmal, as they hadn’t contested in Lok Sabha elections last time.





Encroachment in mining area: HC orders joint survey at Borders
http://timesofindia.indiatimes.com/Cities/Encroachment-in-mining-area-HC-orders-joint-survey-at-Borders/articleshow/4427244.cms
20 Apr 2009, 2343 hrs IST, TNN
Bangalore: The high court on Monday ordered for a joint survey to be conducted by Indian Bureau of Mines and Surveyor of India officials from both Karnataka and Andhra Pradesh over allegations of encroachment of the state's territory. A division Bench headed by the chief justice sought a detailed report by June 8. The court also permitted the petitioner to undertake mining as well transportation of extracted ore in the undisputed area, which will be identified by authorities one week after the Lok Sabha election process is over on May 16. Petitioner T Narayana Reddy claimed that Obalapuram Mines Ltd, owned by BJP minister G Janardhana Reddy, got a mining licence in Andhra Pradesh and had encroached upon his mining area at Tumti village in Sandur taluk of Karnataka's Bellary district by removing the border pillar. The petitioner said he couldn't attend the earlier joint surveys because of imposition of section 144 there.





Apex court to hear graft case against Vijayan in May
http://news.smashits.com/374849/Apex-court-to-hear-graft-case-against-Vijayan-in-May.htm
Posted: 9:9p.m IST, April 20, 2009
New Delhi, April 20 (IANS) The Supreme Court Monday decided it will hear in May a lawsuit that alleges delay in sanction by the Kerala government to prosecute former state power minister and Communist Party of India-Marxist state secretary Pinarayi Vijayan in a corruption case.
The aex court had initially declined to hear the public interest lawsuit and dismissed it.
But on MOnday, a bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam decided to hear it in May after counsel for K.B. Suresh, who brought the PIL, insisted it has merit.
Kerala-based scribe T.P. Nandkumar has approached the apex court against a Kerala High Court order of Feb 12, 2009, that dismissed his contention that the Central Bureau of Investigation (CBI) was delaying the trial of Pinarayi Vijayan and two state bureaucrats on the pretext that the government has not given permission to prosecute them.
The other two accused in the case, besides Vijayan, are former power secretary K. Mohana Chandran and former joint secretary (power) A Francis.
Nandkmar had contended before the high court that the CBI, which probed the graft case, did not need any government approval to prosecute them as they were not entitled to legal protection from trial for corrupt acts.
Vjayan faced a CBI probe for his alleged role in awarding a contract in 1997 for renovation and modernisation of two hydro-power plants in the state to Canadian firm SNC Lavalin without any competitive bidding.
The government's official auditor later found that the award of the contract by the Kerala State Electricity Board to the Canadian firm at the behest of the minister had resulted in a loss of Rs.3.5 billion to the state exchequer.
The contract had allegedly been given to the Canadian firm ignoring a Bharat Heavy Electrical Limited report, which had said that the renovation of three power plants could have been achieved at a cost of less than Rs.1 billion.
Nandkumar had approached the high court alleging that the state government was not keen to prosecute Vijayan and two bureaucrats though a corruption case against them was lodged in February 2005.
He also contended that that there has been no progress in the investigation.
But the high court disposed of scribe's plea after the state government said that the CBI has approached it for approval for trial of the former minister and the bureaucrats, and that it was examining the plea.




No corporal punishment: India needs social movement
http://www.merinews.com/catFull.jsp?articleID=15766429
Following a PIL, Delhi High Court had directed the state government to ban corporal punishment in schools and ensure that children receive education in an environment of protection and dignity, free from fear. But the reality is far from being true.
CJ: Anil Gulati ,
THE NATIONAL Commission for the Protection of Child Rights (NCPCR) will take up the case of an 11-year-old girl of a Muncipal Corporation School, in North Delhi, who died after being in coma due to corporal punishment inflicted on her at school, a place where she had been to receive education of her life. She was alleged hit by her teacher and was made to stand in the sun for over two hours, resultant of which she slipped into a coma and then later on died. Her case will be taken as a suo moto complaint by the National Commission and an inquiry will be taken up immediately. But her case is not the only one. The reality is that in India two out of three school children are physically abused according to the National Report on child abuse by the Ministry of Women and Child Development, in the year 2007.

Dreams of many children get shattered due to this kind abuse in schools. And this is not limited to any geographic area or state. It happens in every district of India, in government as well as private schools. Most children do not report or confide about the matter to anyone. They suffer silently except in case where we see extreme forms like this one and are picked up by the media. Death of this little soul in Delhi was most unfortunate incident and could have been avoided.

Anyone who had seen or read in media have expressed shock and called for strictest possible action. Though Indian law will take its own course but is weak in this case and has many loop holes. Indian laws need immediate amendments to ensure that they are not used by perpetrators of corporal punishment to go scot-free. The Indian Penal Code Section 88, for example, protects an act, which is not intended to cause death, done by consent in good faith for person’s benefit.

A teacher/guardian who administers in good faith a moderate and reasonable corporal punishment to a pupil to enforce discipline in school is protected by this section and such an act is not even a crime under Section 323. Section 89 of Indian Penal Code protects an act by guardian or by consent of guardian done in good faith for benefit of child under 12 years, unless it causes death or grievous injury.
These provisions extend to teachers having quasi-parental authority i.e., consent or delegation of authority from parents. These sections therefore need to be amended. Working Group of National Commission of Protection of Child Rights, which comprises of educationists, lawyers, social activists, doctors, bureaucrats, representatives of non-governmental organisations and teacher’s union’s have recommended law reform to remove any existing defences of corporal punishment.
In December 2000, following a PIL, the Delhi High Court had directed the state government to ban corporal punishment in schools and ensure that children receive education in an environment of protection and dignity, free from fear. But the reality is far from being true.

In India we not only need stricter laws, which are implemented, but also (and more importantly so) a social movement that brings together teachers, care givers, parents and communities to strongly ’say no to corporal punishment’ in all institutions.





SNC prosecution: SC to consider plea
http://keralaonline.com/news/snc-prosecution-sc-plea_34561.html
New Delhi, Monday, April 20, 2009: The Apex Court will today mull over the plea moved by Crime magazine editor citing that prior sanction is not needed for prosecuting CPM state secretary Pinarayi Vijayan. In the PIL moved by Crime Editor Nandakumar, it was urged that sanction was not required to prosecute Pinarayi, who had been power minister of Kerala when the Lavalin deal was inked, and the Chief Secretary’s nod for prosecuting two other retired bureaucrats. The petitioner argued that the Supreme Court had made clear in several verdicts that Government sanction wasn’t necessary for prosecuting a person for the charges referring to acts during his stint as a public servant. The Division Bench headed by justice KG Balakrishnan will hear the plea, which was earlier given three months time by state government. The Central Bureau of Investigation (CBI) had earlier sought permission from the Governor for the prosecution of Mr. Vijayan. After vetting the request and accompanying evidence, the Governor wrote to the Chief Minister for advice. The CBI had also written to the government seeking permission to prosecute two officials — the former Principal Secretary (Power) and chairman of the State Electricity Board, K. Mohanachandran, and the former Joint Secretary (Power), A. Francis, in the case. The Cabinet referred the request to the Law Department for its opinion at its last meeting. Pinarayi Vijayan has been accused of wrongly awarding contracts to Canadian company SNC Lavalin for renovating two hydro-power projects when he was power minister of the state 12 years ago.





Assam poll watch body to move court over growth in MPs’ assets
http://newsonnortheast.blogspot.com/2009/04/assam-poll-watch-body-to-move-court.html
Monday, April 20, 2009
Staff ReporterGUWAHATI, April 20 – The election for the 15th Lok Sabha in Assam is being contested by six candidates with an average increase of more than Rs 1,00,000 per month in their total assets, in the past five years. All of them had contested the last parliamentary polls in 2004 and a comparison of court affidavits declaring movable and immovable assets shows a vast difference then and now.The richest contestant this time, Moni Kumar Subba’s assets growth rate is also the highest in past five years. Since 2004, there has been a growth to the tune of Rs 65, 74, 168.32 per month in Subba’s assets. The sitting Tezpur MP of the Congress is contesting from the same constituency. His assets are worth more than Rs 57 crores now whereas it was around Rs 18 crore as declared in 2004. Subba also tops the list of candidates with highest liabilities of around Rs 74 lakhs.Congress MP and a union minister Santosh Mohan Dev’s assets have increased at an average of Rs 14 lakh 79 thousand per month since last parliamentary polls. The value of his total asset is more than Rs 10 crore as declared this time. Congress MP and Lakhimpur contestant Ranee Narah’s affidavit shows an increase of more than Rs 8,00,000 per month, whereas autonomous district’s Biren Singh Engti has recorded an average asset growth of around Rs 3,00,000 per month. Another Congressman Bijoy Krishna Handique contesting from Jorhat is adding more than Rs 2,00,000 to his assets every month since 2004, as per his affidavit.Breaking the Congress monopoly, Rajen Gohain of the BJP, contesting from Nagaon is having a growth of Rs 1, 00, 000 every month in his total asset.Bringing out the finding of their survey on the background of Lok Sabha candidates contesting this time, the volunteers associated with the Assam Election Watch (AEW) campaign said that they are soon going to file a PIL in the court asking the candidates to declare the source of their money.“The EW is a national campaign launched to create awareness among the voters. At least 1,200 NGOs and groups are associated with it across the country. The PIL would be filed shortly, with an aim to bring more transparency in electioneering,” Tasaduk Ariful Hussain stated at a press conference today.The findings of the AEW include the educational background, liabilities, criminal records and other information about the candidates.The asset growth survey has not included second and third richest contestants from Assam, Sirajuddin Ajmal and Badaruddin Ajmal, as they hadn’t contested in Lok Sabha elections last time. ASSAM TRIBUNE
Posted by India Blogs at 12:14 PM





Debt recovery tribunals see NPA surge due to slowdown
http://economictimes.indiatimes.com/News/Economy/Indicators/Debt-recovery-tribunals-see-NPA-surge-due-to-slowdown/articleshow/4427729.cms
21 Apr 2009, 0109 hrs IST, M V Ramsurya, ET Bureau
MUMBAI: The debt recovery tribunals (DRTs), set up by the government to help financial institutions recover bad debts efficiently, expect the number of non-performing assets (NPAs) for most lenders to increase due to the economic slowdown. The increase in workload has prompted the government to hire additional valuers and receivers to cope with the higher number of cases. There are three DRTs in Mumbai, with about 2,000 proceedings recorded in DRT-II alone, indicating that high interest rates toward the end of last year and a slow demand may have taken a toll on most industrial units, said a person familiar with the development. “While most proceedings don’t result in recovery cases, it is expected that of the 5,000 proceedings, about 500 to 600 will be converted into NPAs,” said people close to the development. The current trend shows a marked increase of cases over the previous year, when about 193 cases were filed before the debt recovery tribunal in Mumbai, till March 2008, for public auction of assets and properties due to non payment of dues to banks. Mumbai’s tribunals are currently looking at about 5,000 cases, spread over the three tribunals earmarked for Mumbai and the adjoining district of Thane. While small and midsized textile and auto component companies figure prominently in the list of NPAs put out by the DRTs regularly as an initial part of the recovery proceedings, the number of non-banking financial companies are also increasing. DRTs account for only about 10-15% of the total number of recovery cases remaining with the Board for Industrial and Financial Reconstruction (BIFR). Typically, recoveries valued below Rs 10 lakh are sent to civil courts, while those above Rs 10 lakh can be referred to the DRTs. The BIFR sees cases pertaining to the medium to large scale companies. Most cities have one DRT, while Mumbai and Delhi have three tribunals each. Chennai and Kolkata have two DRTs each. There are 29 DRTs and five Debt Recovery Appellate Tribunals across the country, with the number of cases deciding the formation of a tribunal. The sharp increase in workload has also forced the government to scout for valuers and receivers as the two-year term of the existing staff has got over. There were 28 valuers last year who would typically look at movable and immovable properties, jewellery, shares and debentures and other such assets. “The government is also looking at appointing three receivers in place of the existing two due to the higher number of cases anticipated,” he said. A receiver attaches the property after all negotiations with the defaulting unit fails. “The meltdown in the economy will lead to increased cases of NPAs,” said DRT consultant Ram Kishen. “Also the current process of debt recovery proceedings are old and hence inefficient. We need better management of the court for speedy disposals,” he added.
The DRTs are governed by provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, popularly called as the RDB Act. After the enactment of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act (SARFAESI Act) borrowers could become first applicants before the DRTs. Earlier only lenders could be applicants. Each DRT is presided over by a presiding officer with two recovery officers. The presiding officer is typically a judge of the rank of district and sessions judge. The presiding officer is the sole judicial authority to hear and pass any judicial order. The recovery officer’s work is allocated by the presiding officer. Though a recovery officer need not be a judicial officer, the orders passed by a recovery officer are judicial in nature, and are appealable before the presiding officer of the tribunal. The DRTs are fully empowered to pass comprehensive orders like the civil courts. The tribunals can hear cross suits, counter claims and allow set-offs.








Govt. extends centre-state relations commission’s term
http://www.sindhtoday.net/business/88999.htm
Apr 20th, 2009 By Sindh Today
New Delhi, Apr. 20 (ANI): Union Government has extended the term of a Commission, which was set up to analyze the centre-state relations in the backdrop of the changes in the polity and the economy.
According to the sources, a meeting of the Union Cabinet chaired by Prime Minister Manmohan Singh on Monday decided to extend the term of the Commission till June 30.
The Commission headed by Justice M M Punchhi was set up in 2007 to look into the new issues of centre-state relations in view of the sea changes that have been taken place in the polity and economy since the Sarkaria Commission had last looked into these issues.
The Commission was to examine and review, among other things, the working of the existing arrangements between the Centre and the States as per the Constitution, the healthy precedents being followed, various pronouncements of the courts with regard to powers, functions and responsibilities in all spheres.
The Commission was to submit its report within two years. (ANI)
[NF]





Aman Kachroo CaseAlcoholism behind ragging: SC panelhttp://www.tribuneindia.com/2009/20090421/main4.htm
R SedhuramanLegal Correspondent
New Delhi, April 20“The demon of ragging haunted the juniors persistently in classes, college premises as they were under the continuous wicked vigil of senior students." This summarises the findings of a Supreme Court appointed inquiry committee that went into the death of Aman Satya Kachroo, a first year student of Dr Rajendra Prasad Government Medical College, Tanda, in Kangra district of Himachal Pradesh, on March 8 this year.
"Alcoholism on the college campus is the main reason that generated violence leading to the serious form of ragging that was seen in the Aman episode." This was the near unanimous response from all quarters (college administration, teachers, non-teaching employees, students, civil authorities, police authorities and the public), the committee said in its report.
The report, read out before a Bench headed by Justice Arijit Pasayat, has held a whole lot of people responsible for not checking ragging -- right from the Chancellor (Governor), down to the level of the Vice-Chancellor, the Principal, the district administration, police and students, both seniors and juniors. Even the security guard at the hostel was found wanting in his duty.
The voluminous report, the operative part of which runs into 22 pages, has suggested appointment of full-time wardens at college hostels with appropriate communication facilities. The apex court Bench, which also included AK Ganguly, posted the next hearing for April 23.
The inquiry committee, which comprised Dr AK Agarwal, Dean, Maulana Azad Medical College, and Dr Rajendra Prasad, Principal, Ramjas College (both in Delhi), had associated Tanvir Aeijaz, Assistant Professor of Ramjas College with it.
Additional Solicitor General Gopal Subramanium, who is amicus curiae in the case, apprised the court of the report, while senior counsel Altaf Ahmed and Bimal Roy Jad represented the HP government and Aman's father, Prof Raj Kachroo.
The Governor being the Chancellor of Himachal Pradesh, to which RPGMC was affiliated, and the Vice-Chancellor were responsible for monitoring incidents of ragging in the colleges, but there was no monitoring cell at these levels.
"Had the activities of RPGMC, Tanda, or other institutions in the state been monitored at the Chancellor's level, the scenario would have been completely different. The VC was expected to seek weekly reports from its affiliated institutions/colleges, which was also not being done."
The attitude and role at the university and state levels towards the issue of curbing the menace of ragging was "rather casual". Also, the role of the Medical Council of India (MCI) was rather "strange and irresponsible as is evident from the fact that the guidelines framed by them were made available to RPGMC, Tanda, after the sad demise of Aman Kachroo."






Another case of ‘illegal detention’ surfaces http://www.tribuneindia.com/2009/20090421/haryana.htm#12
HC issues notice to state, ASI Saurabh MalikTribune News Service
Chandigarh, April 20Haryana has learnt no lessons from Sarita suicide case, apparently.
Even as the state has initiated action against the cops allegedly responsible for her agony and subsequent suicide, a case of “minor’s alleged illegal detention” and torture by the Haryana police has surfaced.
In a habeas corpus petition filed before the Punjab and Haryana High Court, it was today alleged that assistant sub-inspector-cum-chowki in charge of Bilaspur police station in Yamunanagar district Yashpal Singh had taken the girl in custody in violation of the court orders, and was subjecting her to physical torture.
She was, rather, being forced to sever ties with her husband.
As the matter came up for hearing before Justice Rajan Gupta of the high court, counsel for the alleged detainee’s relative Islan alleged that the protection orders passed by the court were brought to the cop’s notice. Yet, she was taken away.
Taking up the matter, Justice Rajan Gupta issued notice of motion to the state of Haryana and other respondents, including the ASI. Accepting the state counsel’s request for time to seek instructions from the Yamunanagar superintendent of police, Justice Gupta fixed April 22 as the next date of hearing in the case.
“In case proper instructions are not furnished to the state counsel, Yamunanagar superintendent of police shall remain present in the court,” Justice Gupta added before parting with the orders.
In the petition, Islan of Bilaspur had earlier asserted that the parents of the detainee, who was her sister-in-law, were against her marriage. But it was solemnised on March 21 at Yamunanagar against their wishes.
Apprehending danger to their lives, the girl and her husband Naib Ahmed moved to Chandigarh and moved the high court, following which the protection orders were passed on April 18 by Justice Rajan Gupta.
It was added the girl was now under illegal detention and in illegal confinement. Her life and liberty were in danger.





Gapalaswami-Chawla ControversyJaitley’s plea seeking details turned down http://www.tribuneindia.com/2009/20090421/nation.htm#2
Ashok TutejaTribune News Service
New Delhi, April 20The government has rejected senior BJP leader Arun Jaitley request seeking information under the RTI about the recommendation made by chief election commissioner N Gopalaswami to the President for the removal of election commissioner Navin Chawla.
“The recommendation sent by the CEC to the President has been classified as ‘confidential’ and of ‘fiduciary’ nature and, therefore, exempt from disclosure,’’ the President’s Secretariat and the Law and Justice Ministry said in separate but identical letters to Jaitley.
The development coincides with Chawla taking over as CEC from Gopalaswami on the latter’s superannuation today.
Releasing the letters to the media at the BJP press briefing here today, Jaitley said he had sent his letter to the Law and Justice Ministry, which, needlessly forwarded it to the Rashtrapati Bhavan. “There was no need to involve the Rashtrapati Bhavan in the issue.’’
The BJP leader, himself a senior advocate, was quite critical of the government for rejecting his plea. He wondered how a government ‘which prides itself for its openness’ could take such a position.
Jaitley argued that the people had the right to know what the CEC thought of Chawla. “This is an issue which falls in public domain. People have the right to know the actual reason why the CEC recommended the EC’s removal and not go by newspaper leaks.”
He said the BJP would now consider the next course of legal action available to it in the issue.
The BJP, meanwhile, alleged that the Election Commission had disallowed the party to show a short film on money belonging to Indians stashed in foreign banks. Some of the contests of the film, like one person giving a brief case to another, were found objectionable by the commission on the ground that they were against the spirit of the model code of conduct.
Jaitley said the commission must realise the political parties’ right to campaign instead of applying the decency and obscenity provision in this particular issue.





Telgi convicted in fake stamp paper scam
http://www.tribuneindia.com/2009/20090421/nation.htm#14
New Delhi, April 20A Delhi court today convicted the kingpin of multi-crore fake stamp paper scam Abdul Karim Telgi and six others after they admitted their guilt in the case relating to recovery of counterfeit stamp papers of the face value Rs 2.5 crore from the capital.
Additional Chief Metropolitan Magistrate Sanjay Bansal held Telgi, lodged in a Bangalore jail, guilty of criminal conspiracy and cheating.
Telgi and his co-accused Deepak Kudale, Mansoor Ahmed, Laxman, Pramod and Khatan Shah were produced before the court through video-conferencing from the Bangalore jail.
Another accused Sohail Khan appeared before the court through video-conferencing from a Pune jail.
RM Tufail and Anwar Khan, counsel for the accused, said they wanted to plead guilty in the case as they have already completed about seven years of prison-term during their judicial custody. All the accused also made their oral submissions, admitting their guilt in the case.
The court, taking their plea into consideration, fixed the matter for April 23 for pronouncing the order on sentence against them.
The Delhi police had arrested Sohail and Mansoor in August 2001, following the recovery fake stamp papers of the face value of Rs 2.5 crore. The matter was later handed over to CBI for probe in view of its enromity. — PTI





Forensic test report confirms baby swap
http://www.thestatesman.net/page.news.php?clid=22&theme=&usrsess=1&id=251764
Statesman News Service BURDWAN, April 20: Six months after an allegation of baby swap at Burdwan Medical College and Hospital was made, a Central Forensic Science Laboratory (CFSL) test report has confirmed the charge. The Chief Judicial Magistrate’s court, Burdwan on 10 October, 2008 ordered a CFSL test after one of the labour patients Mrs Ayesha Sheikh had accused another patient Mrs Tapasi Kshetrapal, who gave birth to a girl, of swapping her baby boy in connivance with a section of hospital staff. Trouble broke out at the BMCH when Mrs Sheikh, a resident of Alampur area in Burdwan town, was allegedly handed over a girl child of Mrs Kshetrapal, a resident of Chak Azhapur in Jamalpur PS area, Burdwan on 8 October, the day the babies were born. Mrs Sheikh refused to accept the boy and complained to senior officials against alleged baby swap. Her baby boy was allegedly found with Mrs Kshetrapal who also had refused to accept the girl child.The Sheikh family had lodged a complaint of baby swap with the Burdwan PS on 9 October. The BMCH, headed by Dr Dilip Jha, deputy CMOH, set up a five-member inquiry committee to probe the charge. The girl child, meanwhile, continues to be in hospital custody as both the mothers had refused to accept her.The CFSL, in its report submitted to the court today, stated: “The female baby is the biological child of Mrs Tapasi Kshetrapal and Mr Shyama Kshetrapal. The male baby is the biological child of Mrs Ayesha Sheikh and Mr Babulal Sheikh.” On 23 October the blood samples of the Kshetrapal and Sheikh couples were collected for forensic tests on filter paper and liquid solvents between 5 November, 2008 and 7 January, 2009.Mr Moloy Kumar Dhar, counsel for Mrs Sheikh, today said the boy would be immediately handed over to his client as the test report has confirmed the case of baby swap in the BMCH. Mr SM Tripathy, CJM, Burdwan court, reserved orders today. Mrs Kshetrapal surrendered to the court, fearing arrest.





Petition seeking release of Nalini not maintainable: State
http://www.hindu.com/2009/04/21/stories/2009042158010100.htm
Special Correspondent
“Supreme Court had confirmed conviction of the accused”

Petition seeks release of six others too
“Petitioner had no locus standi to file petition”
CHENNAI: A prayer seeking the release of seven persons imprisoned in the Rajiv Gandhi assassination case cannot be made at this juncture, as the Supreme Court, in a detailed judgment, had found them guilty and confirmed the conviction, the Tamil Nadu Government has said.
In its counter to a petition, filed in Madras High Court, which prayed for the release of Nalini, Santhan, Murugan, Robert Payas, Jeyakumar, Ravi and Arivu, the government said the petition was not maintainable.
In his petition, E.Veluchamy of Tiruchirappalli said the detenus were liable to be released as their arrest was grossly illegal and untenable.
They were “not guilty of the alleged offence of assassination and the prosecution story of SIT was found to be conflicting with that of the report of the Jain Commission.”
Opposing the prayer, the Additional Secretary, Home, A. Mani, submitted that when the Supreme Court had confirmed the convictions of the accused in the appeals filed by them, it was not open for the petitioner to challenge their imprisonment by way of filing the present petition.
When the detenus were undergoing imprisonment on the Supreme Court’s order, no habeas corpus petition was maintainable at the instance of a third party, that too after a lapse of 10 years from the date of the Supreme Court judgment.
In his counter, C. Easwaramoorthy, Superintendent of Police, CBI, Multi-Disciplinary Monitoring Agency (MDMA), said the petitioner had no locus standi to file the petition.
Referring to the averments in the petition with regard to the Jain Commission’s report, he said they were a subject matter of further investigation, taken up by the MDMA/CBI, which was still in progress. The progress of investigation was being monitored by Designated Court No.1 under TADA, Chennai.
The last status report was submitted on February 20 this year.




PIL petition filed against advertisements on buses
http://www.hindu.com/2009/04/21/stories/2009042156210400.htm
Special Correspondent
CHENNAI: A public interest litigation petition has been filed in the Madras High Court seeking a direction to the official authorities to take action against violation of the motor vehicles rule which prohibited advertisements on buses in the State, within a time limit.
In its petition, the Coimbatore Consumer Cause, represented by its secretary, K.Kathirmathiyon, said there had been a growing tendency by bus operators, both public and private, to sport advertisements on buses.
However, when it came to display of advertisements on the exterior of buses, it severely affected the safety of the public on roads as the advertisements tended to distract road users and also drivers of vehicles. Violating the rule, many motor vehicles, including buses of State transport undertakings displayed catchy and attractive advertisements on the exterior body and also rear windscreen. Such a display affected visual transmission of light prescribed under the rules, thereby posing a danger to road users.
When the matter came up, the First Bench comprising the Chief Justice H.L.Gokhale and Justice F.M.Ibrahim Kalifulla, asked the Government Pleader to take instructions and if necessary file a counter. The matter has been posted for June 19.





HC directive
http://www.hindu.com/2009/04/21/stories/2009042156200400.htm
CHENNAI: The Madras High Court has asked the Vellore Corporation Commissioner to be present in the court and file an affidavit on April 22 with regard to a contempt petition. The First Bench comprising Chief Justice H.L. Gokhale and Justice F.M. Ibrahim Kalifulla, passed the order on a petition filed by Tass Women Federation.
The federation represented by its secretary, N. Selvi, said the petitioner had earlier approached the court to quash the civic body’s decision to conduct public auction for collecting maintenance and usage charges of toilets and for collecting entry fee for buses in the New Bus Stand at Vellore and to allow the petitioner to maintain the bus stand in the present manner at least for a year from October last year.
The petitioner submitted that the Corporation Commissioner was wilfully disobeying the court order and denying the petitioner the fruits of the order. The disobedience was a clear contempt of court and the Commissioner should be severely dealt with, he said. — Special Correspondent




Case against advocates
http://www.hindu.com/2009/04/21/stories/2009042159350400.htm
Special Correspondent
CHENNAI: The Esplanade police have registered a case against some advocates on charges of circulating a compact disc (CD) criticising Congress president Sonia Gandhi and Dravida Munnetra Kazhagam president M. Karunanidhi.
According to police sources, R. Kumaresan (58) of Kamarajar Road in Annai Sathya Nagar had lodged a complaint that some advocates came to his shop in Parry’s Corner and gave the CD that contained material holding the two leaders responsible for the plight of Tamils in Sri Lanka.




Legal cell in-charges appointed
http://www.hindu.com/2009/04/21/stories/2009042158460300.htm
AP Legislative Council chairman Chakrapani handed over appointment letters to in-charges of legal cells in Assembly segments falling under Vijayawada Parliamentary constituency here on Monday. PCC legal cell vice chairman Matta Jayakar released the list of in-charges. As many as 24 in-charges were appointed for Vijayawada (East, West, and Central), Tiruvur, Jaggayyapeta, Nandigama, Mylavaram segments. Uppuluri Mallikarjuana Sarma of Rashtra Madyapana Nisheda Committee and others were present.





Court directs police to register FIR against PR candidate
http://www.hindu.com/2009/04/21/stories/2009042156370500.htm
Special Correspondent
VISAKHAPATNAM: Third Additional Metropolitan Magistrate Sikander Basha on Monday ordered the Pendurthi police to register an FIR against Chanumolu Rajiv under Sections 417 and 420 of IPC, in a cheating case and submit a report to the court after conducting an inquiry.
Mr. Rajiv is Praja Rajyam’s candidate for the Vijayawada Lok Sabha constituency.
The city court’s order was in response to a petition filed by a resident of Pendurthi Kamireddy Ramesh who alleged that he had been cheated by Mr. Rajiv in a land sale deed.
Mr. Ramesh alleged in his petition to the court that Mr. Rajiv had offered him to sell 24 cents land in Chintagatla village in Pendurthi mandal for Rs.6.5 lakhs and agreement was made in November 2008 with him paying an advance of Rs.4.5 lakhs. Mr. Rajiv claimed that he had purchased the land from one Bhupathiraju Lakshmi of Seetammadhara in October.
But when Mr. Rajiv was not ready to complete the deal with him and postponing registration of the sale, Mr. Ramesh approached Ms. Lakshmi and came to know that she had not sold the land to Mr. Rajiv. Then he lodged a complaint with the Pendurthi police station in March this year but the police did not investigate the case. Mr. Ramesh then filed a private complaint with the court and the Metropolitan Magistrate directed the police to register an FIR against Mr. Rajiv and investigate the case.





Petrol scam: Lokayukta appeals against single judge order
http://www.hindu.com/2009/04/21/stories/2009042161670300.htm
Staff Reporter
BANGALORE: The Lokayukta on Monday filed an appeal before the Karnataka High Court against a single judge order quashing its direction recommending disciplinary action against eight employees of the Bruhat Bangalore Mahanagara Palike (BBMP) for their alleged complicity in petrol and diesel scams involving petrol stations belonging to the palike.
The Lokayukta said its police wing had on May 29, 2002 taken up investigation into theft of petrol and diesel from petrol stations belonging to the BBMP.
On September 6, 2002, the Lokayukta preferred a report under Section 12 (3) of the Lokayukta Act against the employees.
The report asked the authorities to keep the employees under suspension. One of the employees moved the High Court against the recommendation of disciplinary action.
Technicality
A single judge, the Lokayukta said, had quashed the report on a mere technicality.
The Lokayukta had filed an appeal against the order of the single judge of August 7, 2008.
A Division Bench, comprising Chief Justice P.D. Dinakaran and Justice V.G. Sabhahit adjourned further hearing of the case.
Stayed
The court on Monday stayed all further proceedings against four IAS and IPS officials accused of having acted merely on the basis of a letter from the office of the Chief Minister while extending the time of a permit of a transport vehicle.
A single judge had last week passed strictures against the officials for having acted merely on the basis of a letter. The single judge had asked the officials to file affidavits before the Chief Secretary explaining the rationale behind their conduct.
The Chief Secretary, in turn, was asked to file the affidavits along with a report to the court.
The State had appealed against the single judge order, saying that it was illogical and that the officers had acted within the framework of the law.
A Division Bench comprising Justice N. Kumar and Justice A.S. Pachhapure stayed all further proceedings against the officers and also the single judge order.





Marriage made easy for young Delhi couple
http://www.hindu.com/2009/04/21/stories/2009042154930100.htm
Staff Reporter
NEW DELHI: Marriage has become a lot easier for young couples in the Capital who want to keep it a secret from their parents. The Delhi High Court on Monday struck down the procedure of sending marriage notices to the parents of the bride and the groom saying “it is without the authority of any law as well as invasion of their privacy”.
The judgment came on a petition by a young man and his fiancée who had approached the Court seeking quashing of the long-established procedure submitting that they did want their marriage plans to be leaked out to their parents.
They had approached the Registrar of Marriages on Shamnath Marg here for permission to tie the knot under the Special Marriages Act, 1954, but when they came to know about the procedure of sending a “notice of intended marriage” to the addresses of their parents, they preferred to challenge it in the Court.
In their submission, they said the procedure the authorities were following in respect of a marriage to be solemnised was actually for registration of a wedding which had already been solemnised.
Procedure
For a marriage to be solemnised, the procedure was to paste a notice on the notice board of the Registrar of Marriages, the petitioners submitted.
Allowing the petitioners’ plea for quashing the procedure, Justice S. Ravindra Bhat said: “The unwanted disclosure of matrimonial plans by two adults entitled to solemnise it may in certain situations jeopardize the marriage itself. In certain circumstances it may even endanger the life or limb of one or the other due to parental interference.”
“In such circumstances if such a procedure is being adopted by the authorities, it is completely whimsical and without the authority of law. It is to be kept in mind that the Special Marriages Act was enacted to enable a special form of marriage for any Indian nationals professing different faiths or desiring a civil form of marriage,” the Court observed.
The Court directed the Registrar of Marriages to process the request for solemnisation of the petitioners’ marriage without sending notices to their residences.
The Court also made the judgment applicable to all future marriages under the Special Marriages Act, saying that “all marriage officers are directed not to despatch notices to the residences of the applicants”.





“Treat corporal punishment as criminal offence”
http://www.hindu.com/2009/04/21/stories/2009042156930300.htm
Staff Reporter
NEW DELHI: Centre for Social Research Director Ranjana Dr. Kumari has stressed the need to treat corporal punishment as a criminal offence with severe punishment for the teacher as well as the school. Referring to 11-year-old Shanno Khan’s death in the Capital this past week after a teacher allegedly forced her to stand in a crouching position in the hot sun, Dr. Kumari said the incident was a wake-up call for policymakers to introduce a strong legislation that protects children from all sorts of violence.
Shocked over the brutality, Dr. Kumari said: “It is hard to believe that we have a law to prevent different types of cruelty against animals, but still don’t have any legislation to protect our children whom we call our future. A young girl dying after being punished in a school is a national shame.”
Judgment
To stress her point further, Dr. Kumari explained: “The Delhi High Court delivered a judgement in 2000 when it directed the States to ensure that children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear. In 2007, the National Commission for Protection of Child Rights (NCPCR) directed the State Governments to take effective steps to check incidents of corporal punishment in school.”
Pointing out that this was not the first time that an incident of this kind had taken place, Dr. Kumari said children in our country were often disciplined with the rod. “Children are now becoming used to it and are accepting it as a normal way of life. Do we want them to become silent recipients of violence in their tender years that may hamper their physical and mental wellbeing in future?” said Dr. Kumari.





Accused in TISS girl's rape denied bail, arrested
http://timesofindia.indiatimes.com/Mumbai/Accused_in_TISS_girls_rape_denied_bail_arrested/articleshow/4430440.cms
21 Apr 2009, 1706 hrs IST, PTI
MUMBAI: A sessions court on Tuesday rejected the anticipatory bail petition of Vinamra Soni, accused of raping a 23-year-old US national along with five others, on the ground that there was prima facie sufficient evidence to nail him in the case. Soon after the court rejected his bail, Soni was arrested and taken into custody by police. The court observed that police had made out a case against the accused for custodial interrogation and hence it was not inclined to grant him anticipatory bail. The charges against the accused were serious and police needed his custody to carry forward the investigations, the court observed. Soni and five others are accused of raping a US student studying at the Tata Institute of Social Sciences. The victim alleged that she was gangraped in a flat at suburban Andheri on April 11. While five accused were arrested after the victim complained to police, Soni was declared absconding as the police could not find him. Soni had moved the court on Monday seeking anticipatory bail as he feared arrest by police.




Law faculty dean removed over lapses
http://timesofindia.indiatimes.com/Delhi/Law_faculty_dean_removed_over_lapses/articleshow/4427032.cms
20 Apr 2009, 2351 hrs IST, TNN
NEW DELHI: The executive council (EC) of Delhi University decided to remove the dean of the Faculty of Law from his post on Monday. Following an inquiry committee report, the EC decided to debar Professor S N Singh from any administrative work in the Campus Law Centre, Law Centre I and Law Centre II. A member of the EC said, "Prof Singh has been disrobed of his deanship on account of administrative lapses. There were many complaints against him which were being looked into by the inquiry committee. Its report was presented in the EC meeting on Monday.'' The member added that there were complaints regarding his alleged misbehaviour with the staff and not being on the department research committee. "He did not follow ordnance VI B of the university related to the PhD degree. He had forwarded the thesis of a research scholar without the signature of the supervisor,'' the member said. As the EC meeting lasted till late Monday evening, Singh said he was unaware of the decision. "I have no idea about this sudden decision. I am happy if I am being relieved. But let them convey the decision to me and then I may go to court,'' he said. An apparent tussle between Singh and the university has been going on for long over issues like the release of funds to the faculty and the integration of the three law centres. Singh has been the dean of the faculty of law since 2007 and his term would have ended in June next year. Though the DU vice-chancellor Deepak Pental could not be contacted as his phone was switched off, dean of colleges, Nayanjyot Lahiri, said, "I won't comment on the EC proceedings till the notification on the decisions is given out.''





HC seeks reply on cop's death
http://timesofindia.indiatimes.com/Delhi/HC_seeks_reply_on_cops_death/articleshow/4427516.cms
21 Apr 2009, 0250 hrs IST, TNN
NEW DELHI: The Delhi High Court has expressed its displeasure over the city police for failing to trace a serving constable who had gone missing since March, and whose body was cremated as unclaimed by Uttar Pradesh Police. Seeking a report from the police commissioner as to what action has been taken and the steps which are required to streamline the procedure, the court directed the senior most officer to personally look into the death of constable Vijay Kumar. "We feel that there should be a better system and procedure, particularly when a person has been reported missing, '' said a division bench of justice B D Ahmed and justice P K Bhasin. The court order came following a habeas corpus petition filed by Kumar's brother after his brother went missing since March 2 and an FIR was lodged on March 9. The family members came to know about his death after a daily newspaper reported the incident and the status report filed by the police stating that the Sahibabad (UP) police had cremated Kumar's body as unclaimed in March this year.




HC medicine to state govt, withdraws GOTrial against Kaikalur Cong MLA to resume
http://timesofindia.indiatimes.com/Hyderabad/HC_medicine_to_state_govt_withdraws_GOTrial_against_Kaikalur_Cong_MLA_to_resume/articleshow/4427705.cms
21 Apr 2009, 0358 hrs IST, TNN
HYDERABAD: In yet another blow to the state government, the A P High Court on Monday set aside GO No 407 that withdrew the criminal case against Congress legislator from Kaikalur of Krishna district, Yerneni Rajaramchandar. Responding to a petition filed by M Satyanarayana Raju, a resident of Kaikalur, the division bench comprising justice V Eswaraiah and justice P V Sanjay Kumar dismissed the review petition filed by the legislator and directed the trial court to complete the trial in this case within three months. The legislator was accused of drawing Rs 4 lakh from the assembly accounts through production of fake medical bills. The bench found fault with both the legislator and the state government for trying to subvert the legal process through issuance of GOs such as the one in this case. When a similar GO was stayed by the court earlier, the government went to the extent of issuing another GO during the pendency of this case. The bench imposed a cost of Rs 20,000 on the legislator and the authorities concerned for their actions in this regard. It may be recalled that the HC had set aside another prosecution withdrawal GO issued in favour of a retired IAS officer D S Murthy a few days ago.





Motors told to pay Rs 6.15L compensation to consumer
http://timesofindia.indiatimes.com/Hyderabad/Motors_told_to_pay_Rs_615L_compensation_to_consumer/articleshow/4427695.cms
21 Apr 2009, 0354 hrs IST, TNN
HYDERABAD: The District Consumer Disputes Redressal Forum-III has directed Acer Motors, an authorised dealer of Maruti, to pay Rs 6.15 lakh compensation for not delivering Maruti Swift
car to a consumer, Kareena Begum. Kareema Begum wanted to buy a Swift for which she paid Rs 50,000 cash and took a loan from State Bank of Hyderabad for the remaining amount. Accordingly, she received invoice and booking order form from the dealer on February 18, 2008. Though Acer Motors received the loan amount from the bank, they did not deliver the vehicle in spite of several visits to the showroom by the consumer. Vexed with the attitude of the dealer, she approached the consumer forum besides lodging a complaint at the Trimulgherry police station. However, the dealer disputed the claims made by Kareema Begum and alleged that the latter colluded with a former employee of Acer Motors, Phani Choudary, and paid Rs 5.35 lakhs to him and not to Acer Motors. "The documents filed by Kareema Begum were forged and fabricated to suit her claim. She has no proof to show that the banker's cheque (616305) for Rs 5.35 lakh was handed over to us," Acer Motors said in its petition. The company also claimed that they terminated the services of Phani Choudary for allegedly indulging in fraud practices. However, Forum president L Kedara Chary in his observations said that Kareema Begum produced the receipt, invoice and order form given by the dealer besides proof of SBH issuing a banker's cheque and forwarding letter given to dealer. "From the evidence produced, it is proved that the payment of consideration for the purchase of the car was paid to Acer Motors only," he said. In the affidavit, Acer Motors said Phani Choudary after the termination of his service approached the dealer as an agent of a customer P Jayawanth Rao for purchasing the vehicle. Phani Choudary submitted the banker's cheque bearing 616305 on February 22, 2008, for an amount of Rs 5,35,178. He also took delivery of the car. "In view of the sequence of events, that the Acer Motors has learnt that Phani Choudary has used the banker's cheque (issued for the loan of Kareema Begum) and got the delivery of the vehicle for another person," Acer Motors said. The Forum also observed that Acer Motors did not do proper verification before submitting the cheque. Besides, the forum questioned how Phani Choudary was allowed into the premises of Acer Motors even though he misappropriated company funds. "The material on record clearly clinched the issue that the Acer Motors did not act in a way they should have acted. On the other hand, it acted in fact with gross negligence without verifying the contents of the cheque," said Kedara Chary. The forum has directed Acer Motors to refund Rs 5.85 lakh with 12 per cent interest to the consumer. Besides, it asked the dealer to pay a compensation of Rs 30,000 as the complainant was put to harassment and loss of enjoyment of the car.





CAT calls for records of IFS selection
http://timesofindia.indiatimes.com/Hyderabad/CAT_calls_for_records_of_IFS_selection/articleshow/4427702.cms
21 Apr 2009, 0357 hrs IST
HYDERABAD: The Central Administrative Tribunal (CAT) on Monday directed the authorities to furnish it the records pertaining to the selection of forest officials for the purpose of conferrring IFS status on eligible officials for the year 2006. The CAT Bench comprising its vice chairman Justice P Lakshmana Reddy and Hriday Narayan, member (administration) was responding to a petition filed by ALN Prasad, a divisional forest officer from Khammam district. The petitioner alleged that even though he is the senior among all the contenders and was also given an integrity certificate by the authorities, his name was not included in the selection list and the name of another junior DFO from Visakhapatnam - K Lohitasyudu was included in the selection list though Lohit was not given an integrity certificate. Counsel for the petitioner, K Sudhakar Reddy also brought to the notice of the bench that one vacancy pertaining to the year 2003 for which another officer, M A Waheed was already provisionally selected but could not be given selection letter due to certain pending disciplinary proceedings against him, was also unlawfully added to the vacancies of 2005. And for the lone vacancy of 2006, Prasad alone is fully eligible because he is senior and is not facing any disciplinary proceedings and was also given an integrity certificate, the counsel said. The bench said it would verify the concerned records, called for the same and posted the matter to two weeks.





HC summons Vellore corporation commissioner
http://timesofindia.indiatimes.com/Chennai/HC_summons_Vellore_corporation_commissioner/articleshow/4427477.cms
21 Apr 2009, 0400 hrs IST, TNN
CHENNAI: The Madras high court on Monday directed the Vellore Corporation Commissioner to appear in court on April 22 and file an affidavit in a contempt of court case against him. Tass Women Federation, a self-help group in Vellore, had alleged that the commissioner had wilfully disobeyed an order of the court given in favour of the SHG on December 11, 2008 in connection with the maintenance of the Vellore bus stand. According to the petitioner and SHG secretary, N Selvi, she approached the high court last year seeking to quash the corporation's decision to conduct a public auction for collecting maintenance and usage charges of toilets and for collecting entry fee for buses at the new bus stand at Vellore and, to allow the SHG to maintain the bus stand in the present manner at least for one year. The high court, realising that the beneficiaries would be physically-challenged persons, widows and destitutes and that the civic body wouldn't incur a loss on accepting the petitioner's prayer, passed an order in favour of the SHG. But the corporation commissioner did not allow the petitioner to maintain the bus stand and collect the usage charges and entry fee, Selvi said. Alleging that the commissioner had wilfully disobeyed the court order, she prayed that he be punished for contempt of court. The First Bench, comprising Chief Justice H L Gokhale and Justice Ibrahim Kalifullah, directed the commissioner to appear in court in person and file an affidavit.





Court scanner on Dhapa power plant
http://timesofindia.indiatimes.com/Kolkata_/Court_scanner_on_Dhapa_power_plant/articleshow/4427709.cms
21 Apr 2009, 0320 hrs IST, TNN
KOLKATA: The controversial Rs 100-crore water treatment plant at Dhapa has again come under the legal scanner. The Supreme Court on Monday admitted the matter filed by Kolkata's non-government action group PUBLIC (People United for Better Living in Calcutta), objecting to Kolkata Municipal Corporation's (KMC) plan to locate the facility inside East Kolkata Wetlands, a Ramsar site. The state will have to respond at the next hearing on May 8. Counsel for PUBLIC, Harish Salve, along with Joydeep Gupta and Vikramjeet Banerjee, said though the East Kolkata Wetlands Authority had given permission to the project, it was diluting the East Kolkata Wetlands Management and Conservation Act, 2006, that was meant to protect and conserve the wetlands. He argued that Calcutta High Court, in giving conditional approval, did not consider the absence of a management plan when the project was sanctioned.
For, a draft plan is in place even now, he pointed out. Salve further argued that the state government seemed more interested in real estate than conservation as KMC and KMDA had sold land in the area to realtors at astronomical prices and then relocated the 30 million gallon per day water plant to a construction-free site.





HC asks govt to file affidavit in Arindam Manna case
http://timesofindia.indiatimes.com/Kolkata_/HC_asks_govt_to_file_affidavit_in_Arindam_Manna_case/articleshow/4427691.cms
21 Apr 2009, 0318 hrs IST, TNN
KOLKATA: Calcutta High Court on Monday directed the state government to file an affidavit-in-opposition within six weeks on a writ petition seeking a CBI investigation into Dum Dum GRPS sub-inspector Arindam Manna's unnatural death. Justice Sanjib Banerji passed the order after additional advocate general Nishith Ranjan Adhikari opposed the plea for a CBI probe by Manna's parents Ashok and Malati Manna and submitted that the CID investigation on Manna's death was on the verge of completion. The government wanted to furnish all details of the probe conducted by CID for the consideration of the court before it decides on the issue, Adhikari submitted. Seeking to hand over the case from CID to the CBI, petitioners' advocate Chaitali Bhattacharya submitted that CID was very reluctant to take effective steps against the accused persons because they were police personnel. Though a murder case under Section 302 of IPC was initiated at Seoraphuly police station, police did nothing except transferring some officers, Bhattacharya alleged.





Man convicted of raping minor niece
http://timesofindia.indiatimes.com/Chandigarh/Man_convicted_of_raping_minor_niece/articleshow/4427635.cms
21 Apr 2009, 0506 hrs IST, TNN
CHANDIGARH: Providing relief to a little girl who was violated by her uncle in 2003, a local court convicted her exploiter on Monday. The court of additional district and sessions judge Ravi Kumar Sondhi held Ram Karan guilty of raping his seven-year-old niece. The vegetable vendor was booked on August 31, 2003 under various sections of IPC on the complaint of girl’s mother. It was alleged the accused had visited the victim?s house on the fateful day. On the pretext of watching a religious movie at his place, he asked the victim’s mother to send the girl with him. However, there, he violated the minor. The incident came to light when the complainant found her daughter crying, following which she approached the cops and a medical examination was conducted. Refuting charges, Ram Karan pleaded he was being falsely implicated over a property dispute. The quantum of punishment would be decided on Wednesday.





Justice Ashok Parihar takes over as legal services authority chairman
http://timesofindia.indiatimes.com/Jaipur/Justice_Ashok_Parihar_takes_over_as_legal_services_authority_chairman/articleshow/4427615.cms
21 Apr 2009, 0532 hrs IST, TNN
JAIPUR: Justice Ashok Parihar on Moday took over as the new executive chairman of Rajasthan State Legal Services Authority. Earlier, on April 17, governor SK Singh through a notification under Legal Services Authority Act 1987, had appointed him as the chairman of the authority. Justice Parihar is a judge of Rajasthan High Court. Born on August 25, 1947 in Jodhpur, Justice Parihar earned his degree of law from University of Rajasthan. Enrolled as an advocate with Bar Council of Rajasthan, he practised in various courts, tribunals and high court in the state with specialisation in labour , industrial and service matters. Justice Parihar has been vice president, Rajasthan High Court Bar Association, Jaipur and also founder president of Jaipur chapter of All India Lawyers Union. Having worked as government advocate and standing counsel for Rajasthan Public Service Commission, various nationalised banks and corporations in the high court for a long time, he has been closely associated with legal aid movement right from its inception in the state.





HC declines to stay arrest
http://timesofindia.indiatimes.com/Allahabad/HC_declines_to_stay_arrest/articleshow/4426824.cms
20 Apr 2009, 2211 hrs IST, TNN
ALLAHABAD: A division bench of the Allahabad High Court
has refused to stay the arrest of persons against whom an FIR was registered for indulging in vandalism while protesting against the arrest of Varun Gandhi in Pilibhit on March 28. Varun Gandhi had surrendered in a Pilibhit court in connection with an FIR lodged against him for his alleged "hate speeches" against a community. Passing this order, a division bench comprising Justices Ravindra Singh and SC Agrawal disposed of the writ petition filed by Ashwani Kumar and three others. The court, while dismissing the writ petition, however, clarified that if the petitioners surrender in the court their bail applications will be decided expeditiously.




SC judgment refers to Prabhakaran as absconding accused
http://timesofindia.indiatimes.com/India/SC_judgment_refers_to_Prabhakaran_as_absconding_accused/articleshow/4426852.cms
21 Apr 2009, 0000 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: Any politician who has read the Supreme Court judgment in the Rajiv Gandhi assassination case would think twice before calling LTTE chief V Prabhakaran his "friend". For, the SC refers to him as an absconding accused alleged to have masterminded the political killing. At the beginning of one of the judgments delivered separately by each of the three-judge Bench on May 11, 1999, the SC noted: "Three absconding accused are LTTE chief V Prabhakaran, LTTE intelligence wing chief Pottu Aman aka Shanmuganathan Sivasankaran and LTTE women's wing deputy chief Akila aka Akilakka." Prabhakaran, along with Pottu Aman, Akila and others "designed criminal conspiracy to assassinate Rajiv Gandhi and commit other offences in pursuance thereof", the SC said in its judgment. Quoting from the chargesheet filed by the SIT, the SC said: "Prosecution case is that Prabhakaran, Pottu Aman, Akila and Sivarasan masterminded and put into operation the plan to kill Rajiv Gandhi which was executed by Sivarasan and Dhanu, one of the two assassins (other being Subha), with the back-up of other accused, who conspired and abetted them in the commission of the crime which included providing them safe haven before and after the crime."




Phase II: Muzaffarpur tops in candidates with criminal cases
http://timesofindia.indiatimes.com/India/Phase_II_Muzaffarpur_tops_in_candidates_with_criminal_cases/articleshow/4428600.cms
21 Apr 2009, 1021 hrs IST, PTI
NEW DELHI: Bihar's Muzaffarpur constituency will go to polls with the dubious distinction of having the maximum number of candidates with criminal charges against them fighting to enter the 15th Lok Sabha. As many as 10 candidates out of the total 24 in the constituency that goes to polls in the second phase of the election on April 23 have criminal cases pending against them. Four of the 10 such candidates have been charged with serious IPC counts like murder or attempt to murder, says a report by the independent body, Association of Democratic Rights (ADR) and the National Election Watch (NEW). Former defence minister George Fernandes, who is the sitting MP from the constituency, is contesting as an independent candidate this time after his party JD(U) refused to give him ticket citing his poor health. The veteran leader has no case pending against him. Besides Muzaffarpur, out of the total 141 constituencies where ballots will be cast in the second round, as many as 45 have three or more candidates with criminal cases pending against them. Out of the total 46, Bihar accounts for 11 of these constituencies while Maharashtra and Jharkhand account for 10 and seven respectively. Uttar Pradesh has five constituencies with three or more candidates with criminal backgrounds.





26/11 trial: Kazmi seeks four weeks' time to study case
http://timesofindia.indiatimes.com/India/2611_trial_Kazmi_seeks_four_weeks_time_to_study_case/articleshow/4430153.cms
21 Apr 2009, 1635 hrs IST, PTI
MUMBAI: Advocate for Mohammed Ajmal Amir Kasab, the lone gunman arrested for his involvement in the November 26 terror strikes, on Tuesday sought four weeks time to reply to the draft charges proposed by the prosecution. Abbas Kazmi, who was appointed by the court last week to represent Kasab, sought time to study the case. The prosecution had on Monday proposed 312 charges against Kasab and two others for their alleged involvement in the November 26 terror strikes which claimed over 160 lives. Kasab also asked the court on Tuesday for a copy of the chargesheet to be translated for him into Urdu since he was unable to understand the copy given to him by the police. He had earlier sought a copy of the chargesheet in Urdu saying that he would be able to understand it better. Special public prosecutor Ujwal Nikam asked the court to order an inquiry to determine the actual age of Kasab and sought that the prosecution should be allowed to submit its findings. Kasab's lawyer said he had no objection to it. Kasab, a resident of Faridkot in Pakistan, had claimed in an application filed last week that he was a juvenile. However, the application was dismissed by special judge M L Tahilyani. The court has reserved its judgement in the applications and adjourned proceedings till Wednesday. Another accused, Sabauddin Ahmed on Tuesday pleaded through his lawyer Ejaz Naqvi that he had been subjected to third degree torture methods while in police custody and sought the dismissal of the concerned police officials. He also sought that two alleged FBI officials, identified by him only as James and Mike, who had interrogated him should be arrested. Special judge Tahilyani has asked the police to file its reply to Sabauddin's application. Sabauddin and Faheem Ansari, two alleged Lashkar-e-Taiba operatives, are facing trial with Kasab for allegedly providing information about locations in Mumbai which was used by the terror group to execute the November 26 attack.