LEGAL NEWS 14-15.05.09

Indian court orders charges dropped against Varun Gandhi
http://www.geo.tv/5-14-2009/42088.htm

Updated at: 1538 PST, Thursday, May 14, 2009
NEW DELHI: India's top court Thursday ordered charges dropped against Varun Gandhi, an estranged member of the Nehru-Gandhi political clan, for inciting religious hatred while election campaigning.

Gandhi, 29, had been on parole for a month following his arrest under the stringent National Security Act by the Uttar Pradesh state government in March. He was taken into custody after being filmed telling supporters at an election rally that he would "cut the heads of Muslims".

"The state government shall forthwith withdraw the detention order against Varun Gandhi under the NSA (National Security Act)," ruled a Supreme Court bench headed by Chief Justice K.G. Balakrishnan, according to the Press Trust of India news agency. The court had initially ordered Gandhi's release on April 16 on the condition he refrain from making any speeches that could inflame communal tensions in Hindu-majority India.




HC directs DTC to file report on low-floor bus accidents
http://www.indianexpress.com/news/HC-directs-DTC-to-file-report-on-low-floor-bus-accidents/458793/
Express News Service Posted: Thursday , May 14, 2009 at 2348 hrs IST
New Delhi:
Two months ago, a low-floor DTC bus caught fire. Over 70 passengers trapped inside had to break the thick glass of the bus windows and jump to safety on Mandir Marg in Central Delhi around 7.20 pm.
The passengers later complained to the police that the doors of the bus refused to budge despite several attempts by the driver, making the burning bus a veritable death trap. Fire officials said the bus was completely charred by the time they managed to douse the fire.
The incident, however, found no mention on Wednesday when the Delhi Transport Corporation (DTC) confidently told a High Court Bench, led by Chief Justice A P Shah, that accidents involving the new fleet of low-floor buses are almost impossible.
The DTC counsel told the court only two accidents involving these have occurred in the city, when a total of 625 low-floor buses — meant to give an image makeover to the city’s public transportation — ply the roads.
The DTC’s claim was, however, promptly challenged by amicus curiae Kailash Vasdev, who countered that a total of 14 accident cases have been reported involving these buses. The Bench then directed the DTC to file a status report on July 1.
The government has already ordered 2,500 more low-floor buses. Earlier, the court had directed the installation of GPS systems in all such buses to prevent accidents and traffic violations.



HC forms team to probe negligence case at Safdarjung Hospital
http://www.indianexpress.com/news/HC-forms-team-to-probe-negligence-case-at-Safdarjung-Hospital/458788/
Express News Service Posted: Thursday , May 14, 2009 at 2347 hrs IST
New Delhi:
In a case of alleged medical negligence, the Delhi High Court has constituted a team of medical experts to examine a report of the Additional Chief Metropolitan Magistrate against the doctors in Safdarjung Hospital.
In the case, an 11-month-old boy’s leg was amputated due to the alleged negligence by doctors at Safdarjung Hospital in January 2007.
In a recent judgment, a Division Bench of Chief Justice A P Shah and Justice Sanjiv Khanna constituted the team, which comprises the Head of the Department of Orthopaedic, AIIMS, or his nominee and surgeon J S Arora. The Bench has directed them to examine the report and the patient and submit their opinion within five weeks.
The HC order came after the ACMM submitted the report, which didn’t have any firm finding. “On one hand, it is stated that no definite finding can be given with regard to medical negligence but at the same time it is stated that there was some lack of skill or medical acumen in applying hip spice or diagnosing the condition...” the Bench observed.




HC rejects Mancic's plea to stay in Goa
http://timesofindia.indiatimes.com/Cities/HC-rejects-Mancics-plea-to-stay-in-Goa/articleshow/4526668.cms
14 May 2009, 0643 hrs IST, TNN

PANAJI: With the high court of Bombay at Goa rejecting Polish national Adam Mancic's plea that he shouldn't be removed from the state, he will be taken to Delhi for extradition soon, crime branch sources have said.

Vacation judge U D Salvi observed on Wednesday that "the right of the petitioner to contest the request of extradition has not been taken away by the state". "As a matter of fact, the production of the petitioner before the additional chief metropolitan magistrate, New Delhi, will enable the petitioner to effectively agitate his right to contest the extradition request," observed the judge.

Mancic was arrested in Goa after a warrant was issued against him by the Tiergarten magistrate, Germany, for shooting dead a businessman in Germany on November 3, 2008. The arrest warrant was issued through Interpol.

Mancic had subsequently, approached the high court for interim relief with a prayer that his detention by the state government, which was beyond a period of 60 days, was in breach of Article 14 (4) of the extradition treaty between the Republic of India and the Federal Republic of Germany and was illegal and therefore, he deserved to be protected in terms of requiring an embargo on his movement in Goa.

His counsel, K Paulekar submitted that the breach of the said Article comes into being as the petitioner had been detained in custody for over a period of 60 days and the state government had not received the request for extradition and documents specified in Article 12 of the extradition treaty.

Public prosecutor C A Ferreira however, argued that the order dated May 5, 2009, passed by the Government of India, required the production of Mancic before the additional chief metropolitan magistrate, New Delhi for contesting the request made by the government under section 15 of the Extradition Act, 1962.

He also pointed to the petitioner's criminal background and said that it is the obligation of the government to initiate action under the Extradition Act to extradite the petitioner to the country were he has to stand trial for the commission of an offence of murder.

After hearing both sides, the judge observed that it would be too hasty to conclude that the Government of India had not received a request for extradition along with the documents specified in Article 12 of the extradition treaty.




HC asks IGIMS to file reply
http://timesofindia.indiatimes.com/Cities/HC-asks-IGIMS-to-file-reply/articleshow/4526698.cms
14 May 2009, 0431 hrs IST, TNN
PATNA: The Patna High Court on Wednesday issued a directive to the Indira Gandhi Institute of Medical Sciences (IGIMS) to give reply to a PIL which submitted that it had not provided a green cover over one acre of land on its campus to check pollution caused by its biomedical waste disposal plant.

A division bench comprising acting Chief Justice Shivakirti Singh and Justice Ravi Ranjan issued the directive on the PIL of Chandra Bhushan Rai. IGIMS has been asked to file reply by July 6.

Petitioner's counsel Kalyan Shankar submitted that the biomedical waste disposal plant on the IGIMS campus was causing environmental pollution in the vicinity as the green cover on the hospital campus had not yet been created to check pollution.

The PIL annexed a report of an expert which said that the environment pollution spread by the biomedical waste disposal plant may cause cancer, skin diseases, immunity deficiency and some other diseases to the people living in the adjoining areas.

Ashiana accused bail term extended:
A single bench presided over by Acting Chief Justice Shivakirti Singh on Wednesday extended by four months the provisional bail term of the former officer-in-charge of Shastrinagar police station, Patna, Samsi Alam.

Alam is an accused in a case related to the killing of three youths in a fake encounter on December 12, 2002 in a market near Ashiananagar locality under Shastrinagar police station in Patna.

Alam had been granted provisional bail for six months on January 14, 2009 by the high court.




HC directive to Pul Nirman Nigam
http://timesofindia.indiatimes.com/Cities/HC-directive-to-Pul-Nirman-Nigam/articleshow/4526663.cms
14 May 2009, 0433 hrs IST, TNN
PATNA: A division bench of Patna High Court on Tuesday directed the Bihar Rajya Pul Nirman Nigam to file a counter-affidavit to a PIL of Rajendra Narain Singh wherein he sought direction to the Nigam to protect the necessary utility services, including water supply lines, sewer lines and underground phone cables, that have gone underneath the 18-inch thick reinforced concrete cement (RCC) road on a stretch leading to Kurji from Polytechnic Mor in Pataliputra Colony in the city.

The petitioner's counsel Vivek Prasad submitted that the RCC road was being constructed on the main road leading to Kurji Mor but it had also covered the road flanks under which the water supply lines, sewer lines, and phone cables run. Due to this, any defect underneath the RCC road flanks would lead to water contamination, waterlogging and delinking of the phone cables, submitted Prasad.

He added that there appeared to be no coordination among the Pul Nirman Nigam, civic agencies maintaining the water supply and sewer lines, BSNL and other phone operators whose phone cables are laid underneath the RCC road flanks.




Gujarat HC asks state govt. to pay Rs.262 crore compensation to riot victims
http://silverscorpio.com/gujarat-hc-asks-state-govt-to-pay-rs262-crore-compensation-to-riot-victims/
By admin on May 14th, 2009
Ahmedabad, May 14 (ANI): The Gujarat High Court on Thursday asked the Government of Gujarat to pay a compensation of Rs.262 crore to victims of the riots that followed the burning of the Sabarmati Express in 2002.
The High Court order said that sum was allocated for the riot victims by the Central Government in 2007, and therefore, it was only right that the state government should distribute it to the victims.
The High Court order was pronounced on the basis of a complaint filed by the riot victims against the state government.
Thursday’s order comes six days after the High Court designated nine judges for as many special fast track courts to carry out the trial in the 2002 post-Godhra riot cases being probed by the Supreme Court-appointed Special Investigation Team (SIT).
Out of the nine special courts, four will be in Ahmedabad, two each in Mehsana and Anand, and one in Himmatnagar of Sabarkantha district.
According to the court’’s order, additional sessions judge P R Patel has been designated to conduct the trial in the Godhra train carnage case that will be held in the premises of the Sabarmati Central Jail here.
Judge S H Vora and additional sessions Judge Jyotsna Yagnik will be presiding over the trial of Naroda Gam and Naroda Patiya cases respectively.
Judge B U Joshi has been designated as judge for the special court dealing with the Gulberg Society massacre case, where Congress ex-MP Ehsan Jaffery was killed.
Justices B N Kariya and S C Srivastava will handle the two cases in Mehsana district.
Judges S Y Trivedi and R M Sarine will conduct the trial in two cases in Khambodaj and Ode of Anand district respectively.
Judge H P Patel will oversee the Prantij taluka riot case of of Sabarkantha district where some British nationals were also killed. The special court will be based in Himmatnagar, the district headquarters.
On May 1, the Supreme Court ordered day-to-day hearing of the Gujarat riot cases by fast track courts in the state.
While vacating its stay order of November 21, 2003, the apex court directed that witnesses be provided security for their safe passage and if necessary at their place of living during the trial.
The court said the SIT would act as a nodal agency to decide as to which witnesses in the case should be given protection and relocated. The apex court also gave liberty to the SIT to recommend cancellation of bail if it is considered necessary. (ANI)




HC for NHRC probe into Batla case
http://timesofindia.indiatimes.com/Delhi/HC-for-NHRC-probe-into-Batla-case/articleshow/4531226.cms
15 May 2009, 0705 hrs IST, TNN
NEW DELHI: The Delhi High Court on Thursday favoured a full-fledged inquiry by National Human Rights Commission into the controversial Batla House encounter while keeping the petition filed by the accused pending before it.

"Time is passing, almost eight months have passed,'' a bench headed by chief justice A P Shah told the commission, asking it to respond by next hearing if NHRC would like to go ahead with its enquiry.

The court's suggestion came after the NCT government continued to be reluctant in proceedings with its enquiry till a magisterial inquiry into the matter is first conducted.

Two alleged members of terror outfit Indian Mujahideen and Delhi Police inspector M C Sharma were killed in the encounter on September 19 last year in the aftermath of serial blasts at Batla House locality in the national capital. The court said the legal issue, whether the Commission's guidelines of holding a magisterial inquiry is mandatory for the government or not, can be decided at a later stage.

"We would empower you (NHRC) to conduct the inquiry and we would make appropriate observation in the order so that you would be assisted by other agencies in holding inquiry. At the same time we would keep the petition open to decide legal issues,'' the High Court said while adjourning the matter for May 20. The Court's observation came while hearing a PIL filed by an NGO, Act Now For Harmony and Democracy seeking a judicial inquiry into the September 19, 2008, encounter. The incident took place a week after serial blasts had rocked the national capital killing 26 people and injuring 13.

Responding to the petition the government, however, refuted all the allegations and additional solicitor general Gopal Subramanium contended that this is not a case where a magesterial inquiry is needed. The government and the National Human Rights Commission were at loggerheads in the case as the ASG contended that the Commission can't force the governemnt to hold a magisterial inquiry into the incident. The Commission, on the other hand, submitted it required a report of a magisterial inquiry to proceed further as it was not possible to conduct the probe all over the country in all such cases in which people are killed in encounters.




HC nod to Lokayukta probe
http://timesofindia.indiatimes.com/Delhi/HC-nod-to-Lokayukta-probe/articleshow/4531341.cms
15 May 2009, 0704 hrs IST, TNN
NEW DELHI: The Delhi government on Thursday received a jolt after the Delhi High Court refused to restrain the Lokayukta to go ahead with his inquiry into a complaint pertaining to purchase of low-floor non-AC buses by the administration, and to summon the records.

A division bench of chief justice A P Shah and justice Neeraj Kishan Kaul set aside the single judge's order restraining justice Manmohan Sarin, heading the anti-corruption body, from seeking documents for investigation in the deal relating to purchase of 625 non-AC buses.

HC said the office of Lokayukta is a statutory body and it has full authority to conduct the preliminary inquiry into any complaint received. Following HC's green signal, the Lokayukta, later in the day asked the government to produce the files before him on Monday.

Giving the go-ahead to the inquiry, the Bench said the Lokayukta can call for the documents for investigation and directed the Delhi government to supply the ones sought for. HC also made it clear that the government has no locus standi to raise any objection to the act of Lokayukta. The Court was hearing an appeal filed by the Lokayukta challenging the single judge's order restraining him from seeking documents for investigation. On March 13, the single judge had issued the Lokayukta cannot seek documents for preliminary inquiry and added he should settle the rules and procedures before going ahead with any complaint of such nature.

In an order on January 28, Lokayukta justice Manmohan Sarin had served an ultimatum to the state's transport secretary to personally produce documents relating to purchase of buses. The anti-corruption body presided by justice Sarin warned the government of action under IPC, which prescribes imprisonment of six months or fine. Justice Sarin, a former judge of Delhi HC, passed the order while hearing a complaint filed by former BJP MLA Vijay Jolly in October last year. Jolly has alleged the Congress government has purchased 625 low-floor non-AC and CNG buses at an inflated price and cited that Tamil Nadu government had purchased the same buses for Rs 24 lakh less on each for the state. On Delhi government's appeal against Lokayukta's order, the single judge had passed the order, which was challenged by the office of Lokayuta before this division bench.




It’s better late than never, say riot victims on HC order
http://www.indianexpress.com/news/It-s-better-late-than-never--say-riot-victims-on-HC-order/459749
Express News Service Posted: Friday , May 15, 2009 at 0134 hrs IST
Ahmedabad:
Petitioners and victims of the 2002 statewide riots welcomed the interim order of the Gujarat High Court directing payment of compensation to the victims within eight months from the date of order.
“Better late than never,” was what Gagan Sethi of the Centre for Social Justice, said after Thursday’s order on his joint petition with Yusuf Sheikh of the Anatanrik Visthapit Hak Rakshak Samiti (AVHRS). They had sought compensation for the properties damaged during the riots.
Sethi, who is also a member of the monitoring committee on compensation to the victims set up by the National Human Rights Commission, said the good part was that he was able to bring to fore the human rights issues involved in the whole episode. “To get compensation for the hapless victims is my biggest achievement,” he said.
Sheikh said the victims could now hope to get the full compensation in one go, thus helping them to make better use of the money. He said that if they got the compensation in instalments as was being done earlier by the Central and state governments, it would have been meaningless because the small sum could not be used for buying properties.
Razzaq Khatri, a riot victim whose house was destroyed completely at Noorani Mohalla in Vadodara and now lives in an one-room apartment in KGN Nagar, said he could now hope to buy a small house of his own.
“I am happy that the court ordered early payment of compensation,” said Muzaffar Makrani, another riot displaced, living at Rajgarh in Panchmahals district.





Mulayam moves HC for stay on arrest
http://www.expressindia.com/latest-news/mulayam-moves-hc-for-stay-on-arrest/459812/
Vijay Pratap Singh
Posted: May 15, 2009 at 0217 hrs IST
Allahabad Samajwadi Party president Mulayam Singh Yadav filed a writ petition in the Allahabad High Court on Thursday, seeking a stay order against his possible arrest in connection with an FIR against him in Mainpuri constituency.
The FIR was lodged under Sections 147, 332, 353 and 131 of the Representation of People Act on May 11. Among them, Sections 332 and 353 are non-bailable offences. Yadav has challenged its validity in the High Court, claiming it was politically motivated. He is contesting the Lok Sabha elections from Mainpuri.
On May 11, the SP chief had allegedly tried to enter the prohibited area of a booth during re-polling and manhandled security personnel. He allegedly entered into an altercation with an Election Commission (EC) observer. The incident took place at booth numbers 227 and 228 of Parsana centre after villagers complained to Yadav that the EC observer was not allowing them to vote. The observer had detected three voters with fake ration cards. A furious Yadav took up the issue with the observer and argued that the ration cards were genuine and duly signed by the district supply officer of Etawah, parts of which are included in the Mainpuri constituency.




Clear position on half-way home, HC tells UT
http://timesofindia.indiatimes.com/Chandigarh/Clear-position-on-half-way-home-HC-tells-UT/articleshow/4531574.cms
15 May 2009, 0409 hrs IST, Ajay Sura, TNN
CHANDIGARH: Conversion of a Sector 47-based half-way home (centre for rehabilitation of mentally-challenged persons) into Aashreya by UT administration has come under judicial scanner as Punjab and Haryana High Court issued a notice to UT on Thursday. The HC has reportedly urged secretary, medical education and research, to clear UT’s position on the issue.

Headed by chief justice Tirath Singh Thakur, HC division bench issued the notice after taking cognizance of a writ petition filed by parents and guardians of some mentally-ill persons, who demanded that the half-way home should also provide residential facility and retain its original purpose to serve only mentally-ill people. During the resumed hearing, the bench also expressed concern over replacing the foundation plate of half-way home with another one, in which ‘Aashreya’ was inscribed by UT administration.

Importantly, in their writ petition, the petitioners had urged the HC to restrain UT administration from changing the original purpose and functional intent of the half-way home at Sector 47D (behind Ram Mandir), Chandigarh. Besides this, the petitioners also urged HC to discontinue the practice of rehabilitating persons other than the mentally-challenged as the facility was especially meant for the mentally-ill under the Mental Health Act, 1987. Counsel RS Bains stated that UT administration had opened the half-way home exclusively for mentally-ill persons under the District Mental Health Programme in April 2002.

While the first inauguration was done by the then UT administrator JFR Jacob (Retd), another formal opening ceremony was held in December 2008, when the centre was re-named as Aashreya. The counsel further argued that petitioners, 68-year-old OP Asija, and his wife, who is suffering from cancer, have two mentally-ill sons, who are admitted in psychiatry department of GMCH-32. He stated that the future of patients like these will face grave uncertainty if the centre did not take up their responsibility.

Citing various SC rulings, counsel urged HC to issue directions to UT administration for a residential facility for the mentally-ill, as was originally conceived. The bench has fixed UT to file its reply by July 30, which is also the next date of hearing.




HC stays demolition of Model Jail in city
http://timesofindia.indiatimes.com/Cities/HC-stays-demolition-of-Model-Jail-in-city/articleshow/4532229.cms
15 May 2009, 0524 hrs IST, Pervez Iqbal Siddiqui, TNN
LUCKNOW: A division bench of the Lucknow bench of Allahabad High Court on Thursday stayed the demolition of Model Jail and also the felling of trees on the jail campus. The court pronounced these orders after hearing a public interest litigation (PIL) filed by a local lawyer on Thursday.

The bench has also directed the government not to shift the inmates of the jail anywhere else and also ordered the government to put before it details of what it proposes to bring up at the site. The court fixed May 18, 2009 as the next date for of the case.

The Times of India, in its edition dated May 7, 2009, had carried a front-page story highlighting how the government was planning to vacate the premises of Model and Women Jail so that 80 acres of land occupied by it could be vacated for extension of Kanshi Ram Sthal and construction of a research centre in the name of Baba Saheb Bhim Rao Ambedkar at the site. A photocopy of the news report has been used as the basis of the PIL.

The PIL was taken up by the division bench comprising Justice Pradeep Kant and Justice SNH Zaidi and filed by Sangam Lal Pandey, a lawyer residing in Azad Nagar area of Alambagh in the vicinity of the said site.
The petitioner has drawn the attention of the court towards its historical importance submitting that the premises to be demolished is over 100 years old and was occupied by a number of freedom fighters during the freedom struggle.

In 1985, a minister in the state government Raghuveer Singh Yadav even inaugurated a memorial on the jail campus in the memory of the freedom fighters.

On behalf of the state government, chief standing counsel Devendra Upadhyay argued that the decision to demolish the model hail and shift it was a policy decision and hence the High Court should not intervene in such matters. Explaining the sequence of events on the basis of which the policy decision was taken, Upadhyay said that a special committee headed by chief secretary recommended on October 10, 2007 shifting of the inmates of nine jails in the state including the model jail.





HC poser on keeping non-Victorian art pieces at Victoria
http://www.indianexpress.com/news/HC-poser-on-keeping-non-Victorian-art-pieces-at-Victoria/459907/
Express News Service Posted: Friday , May 15, 2009 at 0337 hrs IST
Kolkata:
The Calcutta High Court on Thursday questioned the authorities of Victoria Memorial on keeping articles and paintings that are not related to Queen Victoria in its museum.
A Division Bench of Justices Bhaskar Bhattacharya and Tapan Kumar Dutta asked the counsel of Victoria Memorial to explain whether those articles could be kept in the Memorial in accordance with the provisions of the Victoria Memorial Act.
Last year, the memorial authorities had filed a petition seeking court’s permission to construct a building for setting up a museum as they required additional space to keep the valuable articles.
This was, however, opposed by environmentalist Subhas Dutta whose counsel argued that a lot of articles like paintings, photographs that have nothing to do with Queen Victoria have been kept in the museum.
He cited the example of a Jamini Roy painting and photographs of Rabindranath Tagore to make his point and added that such articles should be shifted to some other place.
Dutta pleaded that no more construction be allowed inside the premises of Victoria Memorial due to environmental hazards. The next hearing is due for Tuesday.





HC sets aside termination of health dept staff
http://timesofindia.indiatimes.com/Patna/HC-sets-aside-termination-of-health-dept-staff/articleshow/4531501.cms
15 May 2009, 0447 hrs IST, TNN
PATNA: The Patna High Court on Thursday set aside the termination of five health department employees.

The court also took exception to the wavering attitude of the authorities concerned as regards the appointments.

A single bench presided over by Justice Navin Sinha said that an earlier order of a single bench of the high court presided over by Justice Narayan Roy setting aside the termination of irregularly appointed health employees Shree Narayan Singh and others is still valid.

The order was passed on five writ petitions. Earlier in June 2006, a division bench of the high court had modified the order of Justice Roy with a direction to the state government to constitute a three-member committee to examine whether the appointments of around a hundred health employees made during the period 1976 to 1982 were "irregular or illegal".

Justice Sinha on Thursday remarked that it appeared that the state health officials had unfortunately created an industry for appointment and termination of employees. He expressed surprise why no action was taken against the appointing authorities under provisions of the Indian Penal Code, Bihar Service Rules and Bihar Pension Code.





II PU students can change college: HC
http://timesofindia.indiatimes.com/Cities/II-PU-students-can-change-college-HC/articleshow/4532579.cms
15 May 2009, 0726 hrs IST, TNN
BANGALORE: Thousands of students who have been promoted to II PUC this year and want to change their college can heave a big sigh of relief. The Karnataka high court on Thursday stayed the application of the circular issued by the Pre-University Education department as far as students who have joined I PUC in 2008-09 are concerned.

However, any affidavit filed by parents and students who have joined I PUC in 2009-10 will be subject to the final decision of the court, vacation judge A N Venugopala Gowda said.

The circular prohibits a student who joined PUC in 2009-2010 academic year from shifting from one college to another when they move into second year in 2010-2011. But it doesn’t cover students who joined PUC in 2008-09 and go to II PUC this year.

When the PU department officials admitted in the court that they were implementing the circular from this academic year itself and that there were about 10,000 applications seeking change of college, the HC didn’t appreciate their contention.

“How can you prohibit like that? If a college has zero result, how can you prevent a student from seeking change of college to get better results?” the judge asked the PU officials.

Apart from prohibiting change of college for II PUC, the circular also insists the educational institutions obtain an affidavit from parents and students who are admitted for first year PUC in 2009-2010 that they will not seek change of college in the second year.

“In the absence of any notice to the members of the petitioner association and in total disregard to the rule of law and principles of natural justice, this circular has been brought out,” G R Mohan, counsel for the petitioner Karnataka state minorities’ educational institutions managements federation, told the court.

The PU department officials say that due to computerization of records of every student at the time of admission to I PU by way of OMR sheets, change of colleges in II PU will add problems to the educational, examination and administrative business of the department.





Advocate withholds information on appeal from client, to pay Rs 50,000 compensation for service deficiency
http://www.indianexpress.com/news/Advocate-withholds-information-on-appeal-from-client--to-pay-Rs-50-000-compensation-for-service-deficiency/459669
Express News Service Posted: Friday , May 15, 2009 at 0030 hrs IST
Chandigarh:
The District Consumer Disputes Redressal Forum has directed an advocate to pay Rs 50,000 as compensation to a Hoshiarpur-based resident for failing to render proper service.
Advocate Suraj Mal Bhatia has also been directed to pay Rs 1,18,916 for losses incurred by the complainant, Sunil Kumar, in addition to Rs 11,500 charged as fees and Rs 2,000 for other expenses. The total amount has to be paid within 30 days of the announcing of the order, said the forum.
In his complaint, Kumar said he had purchased property on Jalandhar Road, Hoshiarpur, but the sale deed was disputed. It was alleged that the tehsildar had imposed a stamp duty of Rs 1,18,906 in addition to Rs 10, which was against law.
With an aim to move the court, Kumar met advocate Bhatia who assured him that the filing of a writ petition was not required, and suggested to file a revision in the court of Financial Commissioner Revenue (FCR), Punjab.





Police need autonomy to fight terror: J S Verma
http://timesofindia.indiatimes.com/Pune/Police-need-autonomy-to-fight-terror-J-S-Verma/articleshow/4531724.cms
15 May 2009, 0357 hrs IST, TNN
PUNE: There should be a strong political will and complete autonomy on par with independence of judiciary for the police force if terrorism is to be eliminated from India, said former chief justice J S Verma on Thursday.

Verma, who is also the former chairman of the National Human Rights Commission, was speaking at a seminar Terrorism and its challenges to Indian society', which was organised by the Pune police, at Ganesh Kala Kreeda Rangmanch in Swargate.

Verma said, "We need to have a proactive and holistic approach while dealing with terrorism. We need to have a credible law enforcing agency. And if the police force is to be given autonomy, corruption must be rooted out."

He said that the root causes of terrorism must be identified, resources used for its funding must be dried up and the police force's infrastructure should be strengthened to obtain optimum results.

The former CJI said that unaccounted money worth $ 476 million was lying in Swiss banks, this money should be retrieved by India or it may be used for funding terror activities.

Terrorism is an international problem. The state and Union governments should work together to end this menace. But they have not done much even after the 26/11 attacks. States are also not sharing intelligence information. The problem is compounded due to the lack of political will and weakening infrastructure, Verma said.

Criticising the states for not implementing the police reforms, he asked the state/Union governments to understand the practical difficulties faced by the policemen. He said that the state governments must utilise the services of retired police officers who have a vast experience in the field of counter-terrorism.

The former CJI felt that there was no need for a stringent law to deal with terrorism as there were enough provisions in the Indian Constitution and ordinary laws to tackle this menace. Make stringent laws if necessary, but use the existing laws faithfully and amend them if there are any deficiencies, he added.

The seminar was also attended by state director general of police (DGP) S S Virk, police commissioner Satya Pal Singh, retired DGP K P S Gill, leading lawyer Ram Jethmalani and retired Lt Gen D B Shekatkar.




Numbers game: President bones up on precedents
http://timesofindia.indiatimes.com/Numbers-game-President-bones-up-on-precedents-/articleshow/4531336.cms
15 May 2009, 0455 hrs IST, Himanshi Dhawan, TNN
NEW DELHI: President Pratibha Patil may insist on proof of support in case of a neck-and-neck contest between political parties post-May 16. With Rashtrapati Bhawan set to be called upon to play arbiter, Patil is busy examining the advice followed by past presidents in forming the government.

Pollsters have so far given Congress an edge over its rivals in government formation but have also been quick to point out that numbers between the two national parties may be too close for comfort. In a scenario where the Congress is willing to stake claim to form the government but does not have the requisite numbers, the President may see it fit to ask for letters of support from allies to shield the highest office from any criticism of favouritism.

The President, sources said, was weighing all options and would take a decision after consulting several independent legal experts. Officer on special duty (public relations) Archana Dutta said, "The President is studying previous practices and precedents and will be guided by accepted convention and constitutional provisions. As the situation unravels, the President will consult legal experts."

It is reliably learnt that the President's office has lined up names of legal luminaries and would give preference an independent opinion rather than one from within the government. Highly placed sources said names of former attorney general Soli Sorabjee and former CJI J S Verma were being considered.

A source said, "Past experiences are being looked at and the President would like to stay clear of any controversy. Her responsibility is to invite the leader who has majority support."

Sources also said that legal opinion on past precedents was under scrutiny. While President R Venkatraman favoured the rule of inviting political parties according to strength, the same yardstick did not hold true when President Shankar Dayal Sharma invited A B Vajpayee to form the government in 1996. Within 13 days, the Vajpayee government -- faced with a lack of numbers -- had to step down.

President K R Narayanan handled the exercise of a hung Parliament very differently in 1998, insisting that only the leader of a political party or a combination of parties that could command majority support for a stipulated time had the right to form government.




HC dismisses PIL against Yogi
http://timesofindia.indiatimes.com/Allahabad/HC-dismisses-PIL-against-Yogi/articleshow/4530994.cms
14 May 2009, 2249 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has dismissed a public interest litigation (PIL) seeking registration of an FIR against Yogi Adityanath and Ramakant Yadav, BJP candidate in Azamgarh byelection, for delivering inflammatory and communal speeches in Azamgarh last year.

The petitioner, Rajiv Kumar Yadav, in the PIL had requested the court to direct the Election Commission of India to decide his application, seeking action against Yogi Adityanath and Ramakant Yadav.

The order was passed by a bench comprising Chief Justice Chandramauli Kumar Prasad and Justice Dilip Gupta. The counsel for the petitioner, SFA Naqvi had contended in the court that both the leaders had made inflammatory speeches against a particular community.

The counsel appearing for the Election Commission of India had opposed the PIL saying that both the leaders were not made party in the PIL. The bench dismissed the PIL after hearing the counsels of both sides.




HC orders Guj to disburse Centre's riot package in 8 weeks
http://www.indianexpress.com/news/hc-orders-guj-to-disburse-centres-riot-package-in-8-weeks/459455/0
Agencies Posted: Thursday , May 14, 2009 at 1624 hrs IST
Ahmedabad: The Gujarat High Court ordered the state government to disburse within eight weeks the Rs 262.44 crore it received from the Centre as relief package for 2002 post-Godhra riot victims.
The order was passed by division bench of Chief Justice K S Radhakrishnan and Justice C K Buch while hearing a PIL. The PIL was filed by Gangan Sethi, a member of Special Monitoring Group appointed by the National Human Rights Commission, and Yusuf Shaikh, convener of Vadodara-based NGO Antarik Visthapit Hakk-Rakshak Samiti.
The PIL filed in December last year had contended that Gujarat government has failed to disburse the Centre's relief package to family of over 1,169 people who died during the riots and over 2,549 victims who were injured in post-Godhra violence.
During an earlier hearing the state government had submitted before the court that it has got instructions from the Election Commission not to disburse the amount among riot victims till the elections was over.
The Centre had released 19.05 per cent (Rs 50 crore) of the total amount at the end of 2008, following which the state government had ordered all district collectorates in January 2009 to disburse the amount within a month to the victims.
During the hearing the Centre had maintained that it had withheld Rs 212.44 crore because the Gujarat government had not reported utilisation of the first installment of Rs 50 crore that were released in 2008.
The Centre had announced to provide additional ex-gratia towards relief and rehabilitation to victims of 2002 communal riots in Gujarat on September 11, 2007.
According to the state government, as many as 29,467 families were affected and 11,237 houses got damaged in urban area while 18,230 residential properties were either demolished or damaged in rural areas across the state during the post-Godhra riots.




PIL filed against politicians' visit to UK
http://timesofindia.indiatimes.com/Cities/PIL-filed-against-politicians-visit-to-UK/articleshow/4526725.cms
14 May 2009, 0017 hrs IST, TNN
AHMEDABAD : A public interest litigation has been filed in Gujarat High Court requesting the court to restrain elected members of Rajkot Municipal Corporation (RMC) from flying to UK for the purpose of study, if they are visiting Britain at the cost of public money.

Based on an article published in TOI, an NGO Senior Citizens' Service Trust has filed this PIL urging the court to cancel the visit of mayor, deputy mayor and chairman of the standing council to Leicester. The delegation from RMC is scheduled to visit UK to study flyovers and relocation of slums in Leicester as part of a sister city pact inked in 1996.

The NGO has raised objection to this visit because the RMC delegation has already visited Leicester at least thrice, and similarly delegations from Leicester have come to Rajkot equal number of times. The petitioner's objection is that the elected members, who are politicians, should not be allowed to fly to foreign countries when they are doing so at the cost of money raised by the civic body through taxation.

The petitioner, Praful Desai, secretary of the NGO, who appeared party-in-person, has contended that if experts go abroad for such purpose and public money is spent for enrichment of their knowledge, it should be encouraged. But, there is no point in politicians flying to foreign country for such a study, and that too repeatedly to the same destination.

Upon this PIL demanding cancellation of RMC delegation's visit to Leicester, scheduled next week, a division bench of Chief Justice KS Radhakrishnan and Justice Akil Kureshi on Wednesday issued notice to the municipal commissioner asking him to explain the issue within two days. The court has ordered the notice to be sent through speed post, and kept further hearing on Friday.




HC poser on airport user fee
http://timesofindia.indiatimes.com/Delhi/HC-poser-on-airport-user-fee/articleshow/4526362.cms
14 May 2009, 0637 hrs IST, TNN
NEW DELHI: The Airport Development Fee (ADF) levied at IGI Aiport on departing passengers was challenged before the Delhi High Court in a PIL on Wednesday. ADF consists of Rs 200 cess on all outgoing domestic passengers and Rs 1300 on international ones since March 1 2009.

Acting on the PIL, a division bench headed by the chief justice asked the centre, Airports Authorty of India (AAI) and DIAL to file their responses on the allegation that the fee was being charged without any legal basis. The court however, refused to grant any stay on the fee charged by DIAL nor did it issue notice.

Apart from alleging that the money being charged for airport development work was "placing undue burden on travelling public'' the PIL also argues that in return for the payment the passenger is not being offered any extra facility or value by DIAL. "There should be some co-relation with the value being offered to public in return for ADF'' the petitioners contended.

Praying for an immediate stay, the PIL also urged HC to create a separate account of the fee collected till now and freeze it so that in case this PIL succeeds in having that levy termed illegal, it can then be refunded to those who have paid up the money.

The Directorate General of Civil Aviation (DGCA) had said the fee, which came into effect on March 1, 2009, would be collected for 36 months. On their part the respondents defended the fee being charged before HC, saying it had been duly cleared by the ministry of civil aviation that had permitted DIAL to levy the money for modernization of the airport in the capital. HC will now take up the matter on July 8.




CJI administer oath to two new judges
http://www.indlawnews.com/newsdisplay.aspx?ff9d6cf1-e454-480d-a7d6-c1d78e8f7723

5/11/2009

Chief Justice (CJ) K G Balakrishnan today administered oath of office to two new judges of the Supreme Court.

Justice Deepak Verma has been elevated from Rajasthan High Court to the Supreme Court while Justice B S Chauhan has been promoted from Orissa High Court.

Justice Verma was the Chief Justice of the Rajasthan High court while Justice Chauhan was the Chief Justice of Orissa High Court.

The Union Government had recently increased sanctioned strength of the Supreme Court from 26 to 31 judges including CJ.

The decision is yet to be notified despite the fact that it has been approved of by the President Pratibha Patil.

The present sanctioned strength of the Supreme Court is 26.

UNI




HC declines to hear PIL against 19 RAW officials
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=HomePage&id=9a42ac14-b1dc-462f-b2b3-e5b08d704f32&Headline=HC+declines+to+hear+PIL+against+19+RAW+officials
Press Trust Of India
New Delhi, May 13, 2009
The Delhi High Court on Wednesday refused to hear a PIL seeking action against 19 senior officials of Research and Analysis Wing (RAW), India's external intelligence agency, for allegedly leaking confidential information which was subsequently passed on to the United States.
The Court refused to pass any order after the petitioner R K Yadav, an ex-employee of Research and Analysis Wing (RAW), failed to produce any evidence to substantiate his allegations against the senior officials.
"Your complete petition is nothing but hearsay. You have no authenticity and without any evidence you are asking us to initiate action against the officers," a two-member Bench headed by Chief Justice A P Shah said.
Yadav pleaded in his petition that 20 RAW employees were involved in leaking the information but CBI filed a complaint only against Ravinder Singh, a senior officer of the RAW, who was declared as proclaimed offender(PO) by a court here.
The Court, however, was not satisfied with his contention and said "if you have prima-facie evidence against the officers, we will issue notice or else we can ask them (Centre) to look into the matter."
Giving a list of 19 senior RAW officers, Yadav in his petition alleged five senior officers had helped Singh to flee from the country and rest had supplied classified information to him, who in turn had allegedly passed on the confidential documents to the United States.
HC orders promotions of employees in subordinate courts
http://www.risingkashmir.com/?option=com_content&task=view&id=12942

Rising Kashmir News
Srinagar, May 14: Jammu and Kashmir High Court has ordered promotions of Assistants, Senior Assistants and Junior Assistants working in the Subordinate Courts of Kashmir Division.
Hafizullah Najar, Head Assistant is temporarily promoted as Section Officer in the grade of Rs 7450-11500.
Jawad-ul-Malik and Abdul Aziz Dar Senior Assistants are temporarily promoted as Head Assistants in the grade of Rs 5000-8000.
Saba Qazi, Fatima Syed Nazki, Surya Jan, Pervaiz Ahmad Bhat, Bilala Bano, GuIzar Ahmad Shah, Muzaffar Ahmad Malik, Ruksana Habib, Noor Muhammad Ahangar, Khalid Shahnaz Mir, Shazia Ahmad Munshi, Pir Faiz Mohammad, Shazia Hamid, Wajahat I
Hussain, Iftikhar Hussain Dar, Trilok Nath Pandita, Wilayat Hussain Khan, Shagufta
Habib, Bashir Ahmad Bhat, Farooq Ahmad Wani, Muhammad Yousuf Bhathangi, Mehraj-ud-Din Rather, Mubashir Hussain Dar and Muhammad Abas Mir all Junior Assistants are temporarily promoted as Senior Assistants in the grade Rs 4000-6000.
Consequent upon such promotions Section Officers, Senior Assistants and Junior Assistant Kashmir Division have also been ordered.
Nasir Hussain Khan, Section Officer Principal District and Sessions Judge Court
Pulwama has been transferred and posted as Section Officer, Records, Principal District and Sessions Judge Court, Srinagar against an available vacancy.
Hafizullah Najar, Head Assistant (Nazir), Principal District and Sessions Judge
Court Budgam, upon his promotion as Section Officer has been transferred and posted as Section Officer Principal District and Sessions Judge Court Pulwama vice Nasir Hussain Khan.
Showkat Mehmood Makdoomi, Head Assistant, Munsiff Court Bandipora has been transferred and posted as Head Assistant (Records) Principal District and Sessions Judge Court, Srinagar against an available vacancy.
Muhammad Sharief Beig, Head Assistant (Nazir), Munsiff Court, Ganderbal, has been transferred and posted as Head Assistant (Nazir), Munsiff Court, Bandipora vice Showkat Mehmood Makdoomi.
Azad Ahmad Makhdoomi, Head Assistant (Nazir), CJM Court, Handwara, has been transferred and posted as Head Assistant (Nazir) Munsiff Court, Ganderbal vice Mohammad Sharief Beig.
Jawad-ul-Malik Mir, Civil Clerk, Additional District Judge Court, Pulwama, upon his promotion as Head Assistant has been transferred and posted as Head Assistant (Nazir), CJM Court, Handwara vice Azad Ahmad Makhdoomi.
Abdul Aziz Dar, Senior Assistant, lncharge Library, Principal District and Sessions Judge
Court, Pulwama, upon his promotion as Head Assistant has been transferred and posted as Head Assistant (Nazir) Principal District and Sessions Judge Court, Budgam vice Hafizullah Najar.
Bashir Ahmad Wagay, Head Record Keeper, Principal District and Sessions Judge Court, Baramulla has been transferred and posted as Head Record Keeper, Principal District and Sessions Judge Court Islamabad vice Mohammad Akbar Magray.
Bashir Ahmad Shah (Nazir) Head Assistant Munsiff Court, Dooru has been transferred and posted as Head Record Keeper, Principal District and Sessions Judge Court, Baramulla vice Bashir Ahmad Wagay.
Muhammad Akbar Magray, Head Record Keeper, Principal District and Sessions Judge
Court, Islamabad has been transferred and posted as (Nazir) Head Assistant, Munsiff Court Dooru vice Bashir Ahmad Shah.
Manzoor Ahmad Bhat, Head Record Keeper (Head Assistant) Principal District Judge Court, Kupwara and Ghulam Hassan Akhoon Head Assistant (Records) Principal District Judge Court Budgam shall swap their place of postings.
Farooq Ahmad Shah, Head Record Keeper, Principal District Judge Court, Baramulla has been transferred and posted as Accountant, Principal District Judge Court, Budgam vice Mushtaq Ahmad Shat.
Mushtaq Ahmad Bhat, Accountant, Principal District Judge Court, Budgam has been transferred and posted as Head Assistant Records, Principal District Judges Court, Kupwara vice Abdul Hamid Shah.
Abdul Hamid Shah, Head Assistant Records, Principal District Judges Court, Kupwara has been transferred and posted as Head Assistant Records, Principal District and Sessions Court, Baramulla.
Saba Qazi, Copyist, Sub Registrar Court, Srinagar upon her promotion as Senior Assistant has been transferred and posted as Civil Clerk, Principal District and Sessions
Court, Ganderbal against an available vacancy.
Fatima Syed Nazki, Copyist, Additional District Judge's Court, Srinagar upon her promotion as Senior Assistant is transferred and posted as Civil Clerk, CJM Court, Gandcrbal against an available vacancy.
Suraya Jan, Assistant Keeper, Record Principal District and Sessions Court, Srinagar upon her promotion has been transferred and posted as Reader, Munsiff
Court, Chadoora vice Muhammad Shafi Pandit.
Parvez Ahmad Bhat, Civil Clerk 3rd Additional Munsiff, Srinagar upon his promotion as Senior Assistant has been transferred and posted as Civil Clerk, Principal District and Sessions Court, Bandipora.
Bilalo Bano, Copyist, 2nd Additional Munsiff Court, Srinagar, upon her promotion as Senior Assistant is transferred and posted as Rent Clerk, Judicial Court, Chief Magistrate Canderbal vice Peer OH Rasool.
GuIzar Ahmad Shah, Civil/Criminal Clerk Munsiff Court, Shopian upon his promotion as Senior Assistant has been transferred and posted as Civil Clerk, Additional District Court, Islamabad against available vacancy.
Muzaffar Ahmad Malik, Civil Clerk, Munsiff Court, Kangan upon his promotion as Senior Assistant has been transferred and posted as Civil Clerk, Chief Judicial Magistrate Court, Sopore against available vacancy.
Rukhsana Habib, Assistant Record Keeper, Principal Srinagar, District Sessions &
Judge Court, senior, her promotion upon as Assistant has been transferred and posted as Misc, clerk Principal District and Sessions Court, Budgam vice Imtiyaz Ali.
Noor Mohammad Ahangar, Civil Clerk, 1st.Additional Munsiff Court, Srinagar upon his prornotion as Senior Assistant has been transferred and posted Nazir (Sr.Asstt) District as Mobile Magistrate (Traffic) Court, Islamabad vice Shabir Ahmad Nengroo.
Shabir Hussain Nengroo Nazir (Senior Assistant) District Mobile Magistrate (Traffic) Court)
Islamabad has been transferred and is posted Misc. Ahlimad, Principal District & Sessions Court, Pulwama vice Mehraj-ud-Din Lone.
Mehraj-ud-Din Lone, Misc. Ahlimad (Senior Assistant) Principal District & Sessions Court, Pulwama has been transferred and posted as Reader-cun1-Nc.1zir, Addl. District Judge's Court, Islamabad against available vacancy
Khalid Shahnawaz Mir, Civ H/ Criminal Clerk, Sub Registrar Court) Srinagar, upon his promotion as Senior Assistant, has been transferred and posted as Criminal Clerk, Additional District Judge Court, Islamabad against available vacancy.
Shazia Ali Munshi, Junior Assistant, 3rd Addition District Judge (TADA), Srinagar upon her promotion as Senior Assistant has been transferred and posted as MACT Clerk, Principal District & Sessions Court, Budgam vice Syed Aijaz Hussain Rizvi.
Peer Fayaz Ahmad, civil clerk Assistant is transferred and posted as Reader CJM Court, Shopian against available vacancy.
Shazia Hamid, Copyist, Special Judge (Anticorruption Court, Srinagar, upon her promotion as Senior Assistant is transferred and posted as Reader, Munsiff Court, Budgamn vice Ghulam Mohammad Ganai.
Syed Wajahat Hussain, Copyist, CJM Court Srinagar, upon his promotion as Seniol
Assistant has been transferred and posted as Nazir, CJM Court, Budgam vice Abdul Rashid Wani.
Iftikhar Hussain Dar, Civil Clerk, Forest Magistrate Court, Srinagar upon his promotion as Senior Assistant has been transferred and posted as Civil Clerk, 1st. Additional District Judge Court, Bararn ulla, against available vacancy.
Wilayat Hussain Khan, Civil Clerk, Munsif Court, Qazigund upon his promotion as Senior Assistant has been transferred and posted as Criminal Clerk, 1st. Additional District Judge's Court, Baramulla against available vacancy.
Shagufta, Copyist, Special Anticorruption Court, Srinagar, upon her promotion as Senior Assistant has been transferred and posted as Reader, Munsiff Court, Sumbal vice Muhammad Ashraf Shah-II.
Bashir Ahmad Bhat, Civil Clerk, Munsiff Court, Shangas, upon his promotion as Senior Assistant has been transferred and posted as Reader Court-cum-Nazir, Additional District Judge Baramulla against available vacancy.
Farooq Ahmad Wani, Criminal Clerk, Munsiff Court, D. H. Para, upon his promotion as Senior Assistant has been transferred and posted as Civil Clerk, Additional District Judge Baran1ulla against available vacancy.
Muhamma Yousuf Bathangi, Typist, Principal District and Sessions Judge Court,
Pulwama upon his promotion as senior assistant is transferred and posted as Criminal Clerk Addl. District Judge Court, Baramulla against available vacancy.
Mehraj-ud-Din Rather Copyist, Sub Judge Court, Kulgam upon his promotion as Senior Assistant has been transferred and posted as Reader, Munsiff Court Qazigund against available vacancy.
Mubashir Hussain Dar, Copyist, Sub Judge Court, Bijbehara upon his promotion as Senior Assistant has been transferred and posted as Reader, Munsiff Court, Shangas, against available vacancy.
Abbas Ahmad Mir, Criminal Clerk, Sub Judge-J Court, Kulgam upon his promotion as Senior Assistant has been transferred and posted as District Record Keeper, Principal District and Sessions Court, Baramulla against available vacancy.
Peer Ghulam Rasool has been transferred and posted as Civil clerk, City .Judge court, Srinagar vice Shamima Akther.
Ghulam Nabi Sofi, Nazir, (Senior Assistant) Passenger Tax Magistrate Court, Srinagar and Reyaz Ahmed Rather, Civil Clerk (Senior Assistant) CJM Court, Islamabad Shall swap of their place of postings.
Mohammad Ashraf Shah-II, Reader Munsiff Court, Sumbal has been transferred and posted as Misc. Clerk Principal District & Sessions Judge Court, Baramulla against available vacancy.
Latifa Jan, Additional Reader, Additional District Judge (Bank Cases) Court, Srinagar has been transferred and posted as Reader, Sub Judge Court, Pulwama against available vacancy.
Muhammad Shafi Wani, (Senior Assistant) Civil Clerk, Principal District & Sessions Judge Court, Shopian is traIlsferred and posted as Reader, Sub Judge Court, Bijbehara vice Afroza Sultan.
Bilal Ahmad Bhat Bhat (Senior Assistant) Judicial Clerk, District Magistrate Srinagar has been transferred and posted as MACT Ahlimad PR. District Judge Court Pulwan1a vice Haider Ganai.
Haider Ganai MACT Ahlimad, District Judge Court, Pulwama is transferred and posted as Nazir Reader, 1st Additional District Judge's Court, Baramulla vice Abdul Rashid Bhat.
Abdul Rashid Bhat Nazir, Reader, 1st. Addl. District Judge's Court, Baramulla has been transferred and posted as Nazir, Spl. Mobile Magistrate (Reaffic) court, Srinagar vice Rouful Mushtaq.
Shamima Akhter, (Senior Assistant) Civil Clerk, City, Judge's Srinagar has been transferred and posted as Nazir, Munsiff Court Chari-i- Sharief against available vacancy.
GuIzar Ahmad Paray, (Senior Assistant) Cr Clerk, PR. Distt & Sessions Court, Islamabad is transferred and posted as Addl. Reader, Addl. District ,-Judge Court (Bank Cases), Srinagar vice Latifa-Jan.
Muhammad Sultan Ganai, (Senior Assistant) Nazir / Reader, Munsiff Court Kupwara has been transferred and posted as Rent Ahlimad, Chief Judicial magistrate Court, Bandipora against available vacancy.
Abdul Rashid War, (Senior Assistant) Cr Clerk, Principal District & Sessions Court, Kupwara has been transferred and posted as Reader, CJM Court Bandipora against available vacancy.
Bashir-ud-Din (Senior Assistant) MACT Ahlimad, Principal District & Sessions Court, Kupwara has been transferred and posted as Nazir, Mobile Magistrate (Traffic) Sopore, against an available vacancy.
Muhammad Shafi Pandit, (Senior Assistant) Reader, Munsiff Court, Chadura has been transferred and posted as MACT Clerk, Principal District and Sessions Judge Court, Rashid War, Kupwara.
Syed Aijaz Hussain Rizvi (Senior Assistant) Budgarn has been transferred and posted as Accounts Clerk, Principal District & Sessions Judge Court, Srinagar against available vacancy.
Abdul Rashid Wani, (Senior Assistant) Nazir, CJM Court, Budgam has been transferred and posted as Cr. Clerk, Pr. District Judge Court, Islamabad vice GuIzar Ahmad Parray.
Ali Mohammad Malla, (Senior Assistant) Reader, Addl. District Judge Court, Srinagar and Syed Abid Hussain, Civil Clerk, CJM, Budgam shall swap their place of postings.
Bashir Ahmad Malik, (Senior Assistant) Civil Clerk, Addl. District Judge Court Srinagar and Bashir Ahmad Pujoo (Senior Assistant) Civil Clerk, Principal District & Sessions Judge Court, Baramulla shall swap their place of postings.
Showkat Ali Khan, Nazir (Senior Assistant) Sub Registrar Court, Srinagar and Raja Mohamnlad Ali (Senior Assistant) MACT Ahlimad Principal District & Sessions Judge Court, Islamabad shall swap their place of postings.
Rouful Mushtaq (Senior Assistant) Nazir, Spl Mobile Magistrate (Traffic) Court, Srinagar has been transferred and posted as Reader/Nazir Munsiff. Court, Baramulla against available vacancy.
Javaid Ahmad Dar (Senior Assistant) Munsiff Court Dangiwacha (Rafiabad) and Ali Mohammad Kumar (Senior Assistant) Nazir Munsiff Court, Boniyar shall swap their place of posting.
Ghulam Mohammad Dar (Senior Assistant) MACT Ahlimad, Pr District Judge Court, Baramulla and Manzoor-ul-Hassan (Senior Assistant) Nazir, Sub Judge Court, Kupwara shall swap their places of posting.
Asiya Sami Andrabi, (Junior Assistant) Civil Clerk, Passenger Tax Magistrate Court, Srinagar and Syed Muhammad Shah, Copyist, CJM Court, Budgam shall swap their place of postings.
Syed Mumtaz Ahmad, Registration Clerk, (Junior Assistant) Sub Registrar Court, Srinagar is transferred and posted as Criminal Clerk Munsiff Court, Chadoora vice Syed Mehdi Shah.
Ghulam Qadir Ganai, Cr. Clerk, Munsiff Court Char-i-Sharief has been transferred and posted as Registratlon Clerk, Sub Registrar Court, Srinagar vice Syed Mumtaz Ahmad.
Syed Mehdi Shah, Criminal Clerk, Munsiff Court, Chadoora has been transferred and posted as Criminal Clerk, Munsiff Court ,Char-i-sharief vice Ghulam Qadir Ganai.
Manzoor Ahmad Najar, Judl. Clerk Executive Magistrate Court Cantonment, Srinagar has been transferred and posted as Civil Clerk, Munsiff Court, Bandipora vice Ovais Ahmad Shah.
Ovais Ahmad Shah, Civil Clerk Munsiff Court, Bandipora has been transferred and posted as Criminal Clerk, Munsiff Court, Budgam vice S Satnam SinGhulam
S Satnam Singh, Cr. Clerk, Munsiff Court, Budgam has been transferred and posted as Copyist, Addl District Judge court, Srinagar vice Fatima Nazki.
Naseerna Akhter, Judl. Clerk, Tehsil Court, Chacloora has been transferred and posted as Copyist, Special Judge Anticorruption Court, Srinagar vice Shagufta Habib.
Bilal Ahmad Bhat, Typist (Junior Assistant) Principal District & Sessions Court, Kupwara
Has been transferred and posted as Criminal Clerk, 2nd Addl. Munsiff Court, Srinagar against available vacancy.
Bashir Ahmad Lone, Judicial Clerk, District magistrate Court, Budgam has been transferred and posted as Civil Clerk, Forest Magistrate Court, Srinagar vice Iftikhar Hussain Dar.
Showkat Ahmad Mohjoo (Junior Assistant) Cr. Clerk, Sub Judge Court, Pattan has been transferred and posted as Cr. Clerk, Munsiff Court, Dangivacha Rafiabad vice Aftab Ahmad Naikoo.
Aftab Ahlnad Naikoo, Cr. Clerk Munsiff Court Dangiwahca Rafiabad has been transferred and posted as Cr. Clerk M unsiff Court, Boniyar vice Tysar Jan.
Tysar Jan, Criminal Clerk, Munsiff Court, Boniyar has been transferred and posted as Copyist, Principal District Judge Court, Baramulla vice Masarat Jan.
Masarat Jan, Copyist Principal District Judge Court Baramulla has been transferred and posted as Copyist, CJM Court, Sopore vice Aatif Hussain Bhat.
Aatif Hussain Bhat copyist, CJM court, Sopore has been and posted as Cr. Clerk,
Mobile Magistrate (Traffic) Court, Sopore vice Mubashir Hussain Kirmani.
Mubashir Hussain Cr. Clerk, Kirrnani, mobile (Traffic) Court, Sopore has been transferred and posted as Criminal Clerk) Sub Judge Court, Pattan vice Showkat Ahmad Mohjoo.
Abdul Rashid Pala, Copyist (Junior Assistant.), Munsiff Court, Sumbal has been transferred and posted as Civil Clerk, Munsiff Court, Magarn vice Muzaffar Ahmad Khan.
Muzaffar Ahmad Khan, Civil Clerk, Munsif Court, Magam has been transferred and posted as Civil Clerk, 1st. Addl. Munsiff Court, Srinagar vice Noor Mohammad Ahangar.
Hamidullah Wani, Criminal Clerk (Jr Asst) Munsif Court, Pulwama and Bashir Ahrnad Kumar, Civil/Criminal Clerk (,Junior Assistant) l\JIunsiff Court, Kulgam shall swap their place of postings.
Maqsaood Ahmad Wani, Copyist (Junior Assistant) Munsiff Court, D.H.Pora and Nazir Ahmad
Rather, Crimnal Clerk, Sub Judge Court, Vailoo shall swap their place of postings.
Mehraj-ud-Din, Copyist, Sub Judge Court, Kulgam and Fayaz Ahmad Shiekh, R&D Clerk, Principal District & Sessions Judge Court, Pulwama shall swap their place of posting.
Mohammad Amin mir, Copyist (Junior Assistant) Mobile Magistrate (Traffic) Court, Islamabad has been transferred and posted as Copyist, Munsiff Court, Sumbal vice Abdul Rashid Pala.
S Pupinder Singh, Cr Clerk (Junior Assistant) Sub Judge Court, Uri has been transferred and posted as Copyist, Munsiff Court, Tangmarg Vice Showkat Ahmad Malik
Showkat Ahmad Malik, Copyist, Munsiff Court, Tangmarg has been transferred and posted as Cr. Clerk, Sub Judge Court, Baramulla vice Mubashir Hussain.
Mubashir Hussain, Cr. Clerk, Sub Judge Court, Baramulla has been transferred and posted as Criminal Clerk, Sub Judge Court Uri vice S. Pupinder SinGhulam
Manzoor Ahmad Khan, Judicial Clerk, (Junior Assistant) Tehsil Court, Pattan has been transferred and posted as Criminal Clerk, Sub Judge Court, Kupwara against available vacancy.
These promotions are made temporarily in officiating capacity subject to reservation quota and representations, if any, to the seniority list and shall not create any vested right in favour of any individual employee. It is made explicitly clear that if the posts do not make themselves available after assigning of categories to these posts, the individual promoted employees shall have to revert to the previous substantive post.
The case of Mohammad Saleem Bhat, Junior Assistant (Under suspension) '.for promotion was considered. His promotion is directed to be kept in abeyance till outcome of contemplated regular enquiry against him.
The promotion of Iftikhar Hussain Dar, Junior Assistant is directed to be subject to the outcome of enquiry presently being conducted by Registrar Vigilance.
All the Presiding Officers have been asked to implement the order with reasonable dispatch and in any case relieve the transferees latest by 27 May 2009. In no case shall transferees be retained beyond the said date. Any violation shall indicate lack of control over office and viewed seriously.



25 bonded labourers rescued from Uttar Pradesh brick kiln
http://www.worldlatestnews.com/nation-india/25-bonded-labourers-rescued-from-uttar-pradesh-brick-kiln
By ians on Thursday, May 14th, 2009
New Delhi, May 13, Twenty-five bonded labourers, including 12 children, have been rescued from a brick kiln in Uttar Pradesh’s Gautam Budh Nagar district, the National Human Rights Commission (NHRC) said Wednesday.
While the brick kiln owner had earlier been given a clean chit by the district administration, an enquiry by the human rights commission finally helped in nailing the guilty and rescuing the labourers.
An NHRC official said: “With the assistance of an investigation team sent by the NHRC, the sub divisional magistrate of Gautam Budh Nagar district identified 25 bonded labourers at the Raja Brick Kiln in the area. Incidentally, twice on earlier occasions, the district administration, on the basis of an inquiry by officials of the Labour Commissioner’s office, had given a clean chit to the brick kiln owner.”
“However, investigations by NHRC finally located the two complainants - Bhagwan Das and Kartar Singh - along with their families confirming their status as bonded labourers in the brick kiln,” the official said.
The labourers, who hail from Aligarh district, were issued their release certificates and sent back home earlier this month. The district administration has assured them of rehabilitation.




Summer vacations in state tribunals

http://www.gujaratglobal.com/nextSub.php?id=5233&catype=Science%20Scope
2009-05-13 20:58:00
Gujarat Global News Network, Ahmedabad
The Gujarat state co-operative tribunal and Gujarat Value Added Tax tribunal will have summer vacations from May 18 to June 14. During this period the registrar office of both the tribunals would function normally.
According to a government release the registrar office of co-operative tribunal would accept applications and would admit new matter. Besides, there is vacation in Gujarat Revenue Tribunal from May 11 to June 9 and its office would also remain open. Except reference cases of Gujarat High Court and applications for early hearing no other case would be taken up.





Bilal’s endless wait for ‘disappeared’ brother


http://naknews.co.in/newsdet.aspx?20942
News Agency of Kashmir 5/12/2009 10:21:13 PM

Tawqeer Hussain/Doru (Anantnag), May 12(NAK): Still waiting for justice to prevail, Bilal Ahmad brother of Fayaz who is missing since August 1994 wish to have a glimpse of his brother who according to him was picked up by troopers from his residence in Zamalgam village of Doru Shahabad.

Fifteen years after his arrest, the whereabouts of Doru youth is still unknown. The agency which affected the arrest has denied any knowledge about him and the National human rights commission when approached by the family members believed that the youth might have joined the militant ranks.

According to the family sources, Fayaz Ahmad Sheikh son of Late Mohammad Yasin Sheikh resident of Zamalgam Doru was picked up by the 1 Rashtriya Rifles(RR) during the intervening night of August 29/30 1994.

Narrating the woeful tale, the mother of the missing youth said, that night he was sleeping at his grand father’s house close to them, the soldiers of the RR1 came at about 10:30 PM and picked him up on the pretext that he will show them the house of Namberdar.

Next day he was brought to the village, he was in bad shape. They searched the house but could not find anything, he was taken back and this was the last time when I saw him’’ she added with tears roll down her face, narrated his brother.

Due to this trauma we lost our father also in 1996, added Bilal Ahmad, the younger brother of the missing.

“We rushed to the camp and requested the troops for the release of Fayaz, but the soldiers denied his arrest”, he added and said even police refused to register the case.

It was only due to the intervention of court that police registered a case. “We approached the court to seek its judicial intervention in 1995”. Bilal said adding the high court directed the concerned SSP to ensure the registration of the case and an investigation into the disappearance.

Accordingly FIR NO.62/99 under section 364RPC was registered in police station Doru.

A petition was also filled in the State Human Rights Commission. The commission issued notice to the state police. In its communication no., GB/EG/2001/7083; DATED March 27, 2001 addressed to DC Anantnag, the SSP said, “the report sought from the concerned SDPO reveals that there is nothing adverse against the subject’’. The SHRC recommended the ex-gratia to the next kith and kins of the missing.

Meanwhile the disappearance also filled in National Human Rights Commission. The NHRC in postal letter to the family members informed them that the commission sought a report from the Defence Ministry. The Defence ministry in its report admitted the arrest however it reads he was then released. The letter further stated that the subject might have joined the militant ranks.

“I have been appointed at the sheep husbandry department under SRO 143, but I don’t need the job I only want to see my brother’’ said Bilal Ahmad. (NAK)




K'taka asked to pay Rs 3 lakh to wife of custody death victim
http://www.zeenews.com/news531188.html
New Delhi, May 12: The National Human Rights Commission (NHRC) has asked the Karnataka government to pay a monetary relief of Rs three lakh to the wife of a person who allegedly was beaten to death by police while in their custody in Bangalore in 2005.

The Commission also directed Karnataka Chief Secretary to submit a compliance report along with proof of payment of the monetary relief by May 26.

Abdul Rauf died in police custody on May 9, 2005 at Jayanagar police station in Bangalore. Police had arrested him in connection with a murder case.

NHRC noted that a magisterial enquiry into the circumstances of Rauf's death concluded that he had died due to beating by police.

The post-mortem report revealed 41 external injuries on the body of the deceased and the autopsy doctor opined that Rauf died due to "shock and haemorrhage as a result of multiple injuries", rights panel observed.

A criminal case was registered against three policemen and later a charge sheet was submitted against them in the court.

"Abdul Rauf may have been suspected of murder but that could be no justification for inflicting as many as 41 injuries on him. The circumstances of the case indicate that the police acted in flagrant breech of the Constitutional guarantee to life," the Commission noted.

Bureau Report




Tribunal upholds TRAI order to scrap access deficit charge
http://www.thehindubusinessline.com/2009/05/13/stories/2009051352200300.htm

Quashes appeals filed by BSNL against the regulator.
Our Bureau
New Delhi, May 12 The Telecom Dispute Settlement Appellate Tribunal (TDSAT) has rejected petitions by Bharat Sanchar Nigam Ltd challenging abolition of the access deficit charge (ADC) by the telecom regulator.
ADC was a levy imposed by the TRAI on private telecom operators for funding rural telephone connections. Since BSNL operates more than 95 per cent of the rural phones, almost all the money collected through this levy was being pocketed by the PSU. The levy was introduced in 2003 and removed in 2008 by TRAI.
Social obligation
BSNL had challenged the decision to do away with the levy on grounds that it had to fulfil social obligation and, therefore, continue to need subsidy support.
Dismissing petitions, the TDSAT bench headed by Mr Justice Arun Kumar said: “As regards ADC, we hold that the appellant (BSNL) has no legal right to ADC; that the ADC has rightly been designed as a depleting regime; that the ADC was rightly terminated in the year 2008-09 and that the manner of calculating ADC each year was fair and reasonable, given the facts available with TRAI.
Contention rejected
“We do not find any basis to support the contention of the appellant that the mobile termination charges have been wrongly fixed by the authority.”
The tribunal also rejected BSNL’s contention that TRAI was wrong while calculating ADC and relied on faulty data.
It further said that BSNL did not have any reliable data over the quantum of loss suffered by it for its rural obligations.
“We find no impropriety or irrationality in the authority in not having entered into detailed calculations regarding ADC. The counsel for respondent (TRAI) pointed out that the total amount of ADC received by BSNL all these years far exceeds the costs incurred by it. There is reason to believe that this could be so.
“Without determining this specific aspect, we hold that the authority was right in the manner of arriving at the quantum of ADC each year,” TDSAT said.




Court transfers engineer’s murder case to Lucknow
http://www.sindhtoday.net/south-asia/95532.htm
May 11th, 2009 - 2:02 pm EST By Sindh Today
Lucknow, May 11 (IANS) The Lucknow bench of the Allahabad High Court Monday transferred engineer Manoj Gupta’s murder case from the Auraiya trial court to Lucknow on the pleas of the alleged killer’s wife, as well as the government’s counsel.
A single judge bench of Justice Saroj Bala also directed the Lucknow sessions judge to ensure that the trial is concluded within six months.
Gupta, an executive engineer with the Public Works Department (PWD), was allegedly brutally killed by Bahujan Samaj Party (BSP) legislator Shekhar Tiwari December 24, 2008 in a government guest house in Auraiya. Gupta had reportedly refused to shell out a huge donation demanded by the legislator for Uttar Pradesh Chief Minister Mayawati’s birthday celebrations January 15.
Interestingly, the request for transferring the case was made by the legislator’s wife Vibha Tiwari, who is a co-accused in the case as she is believed to have erased vital evidence related to the murder. However, while she had sought the shifting of the case from Auraiya to Kanpur, the high court decided to transfer it to Lucknow following a supplementary request made by the state’s special counsel, I.B.Singh.
[LM1]




SC flak for NHRC interference in Human Rights violation of murder convict
http://www.indlawnews.com/Newsdisplay.aspx?2941ee40-0db8-4001-8c53-1b338e6075c9

5/9/2009

The Supreme Court has strongly disapproved of the action of the National Human Rights Commission (NHRC) in the name of so-called violation of human rights of a man convicted for murder in Assam.

The apex court disapproval was expressed in a case where the Assam Governor had commuted to life imprisonment the death sentence of a man convicted for murder.

The Assam Cabinet in 2002 had asked the then Governor of Assam, Lt Gen (Retd) Srinivas Kumar Sinha to commute the death sentence of Rajnath Chauhan alias Ramdeo Chauhan, a man convicted for murder to life imprisonment on the interference of NHRC.

The death sentence of Rajnath Chauhan was confirmed both by the Gauhati High Court as well as by the apex court.

A bench comprising Justices Arijit Pasayat and A K Ganguly put a pertinent question to the NHRC, ‘who has violated the human rights of Chauhan?’ The apex court, while setting aside the order of the Governor, yesterday noted, ‘The recommendation of NHRC is without sanction of law.

‘The proceedings initiated by the apex Human Rights body were not in line with the procedure prescribed in the NHRC Act. That being so, the recommendation, if any, by the NHRC are non est.’ The decision of the Governor was challenged in the apex court by the family members of the victim.

The apex court directed the state Governor to reconsider his decision in the light of an earlier judgment of the Supreme Court relating to exercise of constitutional power on clemency.

The Court, in its earlier judgment had laid down that arbitrary and illegal use of power of clemency either by a state Governor or by the President is subject to judicial review.

The court termed the response of the NHRC, as evasive, which had said, ‘when any action violated the human rights, there can be violation of the human rights,’ The apex court concluded by holding, ‘such a situation is not conceivable and the cause of the alleged violation of the human rights was the Supreme Court judgment awarding him death penalty.’ The apex court also pulled up the NHRC for unnecessarily interfering in the judicial sentencing system by making uncalled for recommendations to the Assam Governor.

UNI





Probe ordered into Madhya Pradesh’s poor high school results
http://blog.taragana.com/n/probe-ordered-into-madhya-pradeshs-poor-high-school-results-58838/
Ians
May 11th, 2009
BHOPAL - Shocked by the declining pass percentage in Madhya Pradesh’s high school examinations, state Education Minister Archana Chitnis has ordered a high-level probe to find out the reasons for the poor results, official sources said.
After reaching a record high of 57.88 pass percentage last year, only 35.33 percent of regular students passed the 2009 examination, conducted by the Madhya Pradesh Board of Secondary Education (MPBSE).
The performance by private students was even more dismal, with only 8.9 percent of them passing, compared to 25.07 percent last year.
The probe committee has been asked to submit its report within a fortnight.
Soon after the declaration of results Saturday, Chitnis chaired a departmental meeting to find out the reasons for the poor show and even directed officials to initiate a process to exclude teachers engaged in board classes from election duty, an official present at the meeting told IANS on condition of anonymity.
‘The minister held election duty of teachers in both assembly (in 2008) and the current parliamentary elections responsible for the poor results. She said for the next year books had been made available in all government schools before the commencement of the session from April 1, and thus the results are expected to improve,’ the official said.
Chitnis is also said to have apprised Chief Minister Shivraj Singh Chouhan of her decision.
MPBSE secretary in charge Snehlata Srivastava straight away blamed the prolonged election process and insufficient training for teachers in accordance with the changed syllabi for the decline in the pass percentage.
‘Teachers were asked to appear in different kinds of election-related training which largely affected regular studies in schools during the academic year when the course curriculum was changed and it seemed that teachers were not trained enough for dealing with these changes,’ she said.
However, a large number of school principals claimed the fall in pass percentage was due to the board’s decision to permit students having less than 65 percent attendance to appear in exams.
Others like Nandkishore, a parent, attributed the interrupted power supply and lack of adequate number of teachers in schools for the poor show by students.
‘Also, the session was curtailed so that fresh academic session could be started from April 1 (which did not happen) and this left little time to conduct regular classes which had already got disturbed due to assembly elections,’ he said.




NHRC asks for appropriate action in overcrowded Orissa jail
http://www.indopia.in/India-usa-uk-news/latest-news/570396/National/1/20/1
Published: May 10,2009

New Delhi, May 10 The National Human Rights Commission has asked the IG (prison) of Orissa to take appropriate action on a complaint which alleges that more than 250 inmates are lodged against its capacity of 34 at the Kendrapada district sub-jail in gross human rights violations.

The rights panel has issued the directive to the state prison official acting on a complaint filed by a Supreme Court lawyer here.
Seeking intervention from the human rights watchdog, lawyer Radhakanta Tripathy had claimed that inmates at the"over populated"sub-jail in Kendrapada district of Orissa had also been fighting to get basic amenities.
" More than 250 inmates are packed like sardines in the Kendrapada sub-jail that has a capacity of only 34," Tripathy claimed in his petition.
"The inmates are served with poor and unhygienic meals. They have to queue up before the unclean toilets for long or attend to nature&aposs call in open air inside the jail campus that further worsen the environment," Tripathy claimed.
The only well available in the Kendrapada sub-jail has dried since a couple of weeks." Inmates have been fighting for drops of water. They are tortured by jail officials in case they protest to get adequate water at least to satisfy their thirst. Many of the inmates have fallen sick,"the lawyer claimed.







Source: PTI