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Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

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Saturday, May 23, 2009

LEGAL NEWS 23.05.2009

HC stays order on cricket body
http://timesofindia.indiatimes.com/Patna/HC-stays-order-on-cricket-body/articleshow/4566796.cms
23 May 2009, 0357 hrs IST, TNN
PATNA: A single bench of the Patna High Court presided by Justice R K Datta on Friday stayed the order of the member, Board of Revenue, which had set aside the order of IG (registration) cancelling the registration of Bihar Cricket Association (BCA).

The order was passed on the writ petition of Association of Bihar Cricket (ABC) headed by former India team cricketer and BJP MP Kirti Azad, who submitted that the BCA had in its petition before the member, Board of Revenue, did not make the ABC a necessary party.

ABC's writ petition challenged the order of the member, Board of Revenue, restoring the registration and existence of BCA headed by RJD state president and MLA Abdul Bari Siddiqui.

Saran school teachers:

A division bench dismissed a bunch of LPAs filed by the state government challenging the order of a single bench to allow the continuance of the basic school teachers appointed in government high schools in Saran district in 1985 till a proper selection procedure is adopted to appoint only trained teachers.

The matter related to appointment of 264 teachers against 129 sanctioned posts in the government basic schools in Saran district by the regional deputy director of education with many appointed teachers having no requisite qualification of trained teacher.

The stand of the state government was that only trained teachers could be appointed in the basic schools and, therefore, the appointments were illegal.





Notice to BCI on age limit for LLB course
http://timesofindia.indiatimes.com/Allahabad/Notice-to-BCI-on-age-limit-for-LLB-course/articleshow/4566524.cms
22 May 2009, 2249 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has issued notice to the Bar Council of India (BCI) on a writ petition challenging its resolution passed on September 14, 2008, whereby maximum age for admission in three years LLB course has been fixed as 30 years.

Justice Arun Tandon has fixed May 28 to hear the case. Allahabad University and MJP Rohilkhand University have also been made party in the petition as respondents.

The writ petition has been filed by Neelita Jauhari. The petitioner has alleged that under the Advocates Act, standards can be laid down for legal education, but the BCI has no authority to fix maximum age limit for the admission of the students in universities. The petitioner said that admission in a particular course is a sole domain of the universities.





BSNL case: Nokia Siemens to move local HCs
http://economictimes.indiatimes.com/News/News-By-Industry/Telecom/BSNL-case-Nokia-Siemens-to-move-local-HCs/articleshow/4567583.cms
23 May 2009, 0200 hrs IST, ET Bureau
NEW DELHI: Global networks major Nokia Siemens Networks (NSN) will now approach the Chandigarh High Court (HC) and may also appeal at the high courts of Mumbai and Hyderabad next week seeking a stay on BSNL’s network contracts worth $6 billion, which were awarded to Sweden’s Ericsson and China’s Huawei. This follows Delhi HC dismissing its petition on jurisdiction grounds.

On Thursday, NSN had filed a petition in the Delhi HC challenging BSNL’s decision to disqualify the company’s bid on technical grounds. During the proceedings on Friday, senior counsel Vikas Singh, appearing for state-owned BSNL, pointed out that the tenders challenged by NSN were floated in Chandigarh, Mumbai, Hyderabad and Kolkata zones of BSNL and were outside the jurisdiction of the Delhi High Court. Following this, the division bench of the Delhi HC dismissed NSN’s petition, while adding that the company could approach the appropriate high courts, which had the jurisdiction on the issue.

BSNL also rejected Nokia Siemens’ allegations that it (BSNL) had failed to maintain transparency in the tender process: “The whole process is just to delay BSNL’s expansion process. NSN was aware that there was a shortfall in their technology. They were told by BSNL that there was a shortfall in their technology,” Mr Singh said.

The BSNL counsel also said that NSN itself admitted that they were technically not qualified for the tender. With regard to NSN’s allegations that BSNL had not informed the company of its disqualification, Mr Singh said that rules laid down by SC stated the shorlisted bidders need to be informed only in big contracts.

BSNL executives suspect that NSN is attempting to delay the telco’s expansion plans. The PSU is already facing capacity crunch across the country and any further delay in awarding the contracts will result in the company falling a long way behind private operators, as it would be unable to expand its services. BSNL executives point out that Motorola had filed a similar petition in the Delhi HC in 2006, which delayed its expansion plans by about a year. Later, Motorola withdrew the case.

Meanwhile, senior advocate Abhishek Manu Singhvi, who appeared for NSN, alleged that BSNL had shortlisted Huawei, despite security concerns. “Huawei is a Chinese firm and there are security concerns. Moreover, government circulars mention that you could not have an enemy power in telecom and aviation sectors,” he said.

But, BSNL executives maintain that they had opened the bids only after getting security clearance to award the contract to Huawei. Last week, security agencies had allowed BSNL to give contracts to Huawei only in the southern states, as this region does not share sensitive borders with countries, such as Pakistan, China and Bangladesh. BSNL executives also add that while Huawei was shortlisted in east and west zones, its bids for these regions were not considered due to security issues.

As reported earlier by ET, BSNL is also of the view that NSN’s allegations are baseless, especially considering that the company had refused to supply 9.63 million GSM lines in BSNL’s earlier tender, despite being given the contract. BSNL maintains that NSN’s failure to accept the orders for these 9.63 million lines had impacted its network expansion plans.





Haryana HC backs govt norms on brick-kilns
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=255431
;Statesman News Service
CHANDIGARH, 22 MAY: The Punjab and Haryana High Court has made it clear that norms cannot be relaxed to allow brick-kilns to come up at a distance of less than a kilometre from village abadi.
Taking up a petition filed by Arati Brick Company, chief justice Mr Tirath Singh Thakur and Mr Hemant Gupta observed: “Manufacturing, sale and storage of bricks is regulated by the control order, known as the Haryana control of bricks supplies order, 1972, as amended by the amendment order 1992".
“The petitioner appears to have obtained a licence from the director, food and supplies, Haryana, consequently upon an exemption granted by the government in its favour from the rigours of the control order".
“The validity of the licence was assailed by the villagers residing in the vicinity of the kiln, which was allowed by a division bench via order dated 28 February, 2005".
“Pursuant to the direction, the government passed a fresh order dated 4 May, 2005, declining any relaxation to the petitioner from the requirements of the control order".
“The government has taken the view, that the proposed brick-kiln would violate the sitting norms stipulated in the control order in as much as the proposed brick-kiln would be at a distance of only 300 meters from the village as against one kilometre stipulated under the control order”.
Dismissing the petition, the Bench added “There is no gain in saying that a brick-kiln is a potential source of pollution for the village abadi.
“In a number of cases that have come up to this Court, the villagers have found fault with the establishment of such kilns in their neighbourhood. In the circumstances, the decision on the part of the government to strictly adhere to the norms stipulated under the order in the general interest of the public living in the vicinity and to prevent any hardship or health hazard for the residents, cannot be said to be either unwarranted, irrational or perverse to call for interference in the exercise of our extraordinary jurisdiction”.




No HC relief for SEZ in Raigad
http://timesofindia.indiatimes.com/Cities/No-HC-relief-for-SEZ-in-Raigad/articleshow/4567467.cms
23 May 2009, 0205 hrs IST, Swati Deshpande, TNN
MUMBAI: The Mukesh Ambani-promoted Mumbai Special Economic Zone Ltd received no relief from the Bombay HC on its plea that the collector should expedite the land acquisition proceedings at Raigad for its project. The vacation bench of the court disposed of the petition asking Mumbai SEZ to approach the SC where a bunch of related petitions were pending.

The land acquisition officer of Raigad, in fact, opposed the petition saying the collector had to follow the process laid down by law for acquiring land. "Any interim relief would jeopardise the long-drawn legal process and the petition should be dismissed,'' he said.

The court order came after the Maha Mumbai SEZ Sangharsh Samiti, an organisation opposing the SEZ, informed it on Friday that a PIL relating to the project was pending with the apex court.

Land acquisition process started in June 2007, the government said. There were 45 declarations made for land to be acquired and, till date, no person had come to the collector, saying he had agreed to the terms for the acquisition.

"Any unilateral request by the Mumbai SEZ Ltd cannot be accepted unless land owners are heard out by the collector,'' the government officer said.





Bahal is HC bar association chief
http://timesofindia.indiatimes.com/Cities/Bahal-is-HC-bar-association-chief/articleshow/4567377.cms
23 May 2009, 0145 hrs IST, TNN
CHANDIGARH: Sukhjinder Singh Bahal was elected the new president of Punjab and Haryana High Court Bar Association on Friday. He defeated his rival, GS Dhuriwala, by the margin of 308 votes.

The elections, which saw 2,169 of the total 2,525 votes being polled, passed off smoothly. SS Rangi was elected the vice-president. He got 1,030 votes as against his competitor, NK Banka, who polled 829. Gaurav Chopra became the honorary secretary by grabbing 1,099 votes. Rittam Aggarwal was elected the new joint secretary, while Amit Rana bagged the post of treasurer after defeating his rival Parveen Sharma with a margin of 539 votes. Talking to TOI, Bahal said his endeavour would be to ensure that the dignity of bar was maintained.





Ramabai Nagar firing case: Manohar Kadam gets bail from HC
http://www.hindu.com/thehindu/holnus/002200905221605.htm
Mumbai (PTI) The Bombay High Court on Friday granted bail to suspended SRPF officer Manohar Kadam in the 1997 Ramabai Ambedkar Nagar firing case and suspended the life sentence awarded to him by the sessions court.
While granting cash bail of Rs 50,000 to Mr. Kadam, a vacation bench of Justices Anand Nirgude and Rajesh Ketkar also admitted mr. Kadam's appeal and suspended his life sentence, his lawyer Raja Thakre said.
Mr. Kadam was admitted to a hospital after the sessions court convicted him for "culpable homicide not amounting to murder" earlier this month. He was later sent to jail.
"His sentence has been suspended," Mr. Thakre said.
Mr. Kadam, then sub-inspector with the State Reserve Police Force, was held responsible by sessions court for ten deaths in police firing on Dalit mob at Ramabai Ambedkar Nagar in suburban Ghatkopar here on July 11, 1997.
The mob was protesting the desecration of statue of Dr Babasaheb Ambedkar. Mr. Kadam headed the SRPF platoon that was sent to the spot.
A commission of inquiry as well as the sessions court held that firing was unwarranted.
Mr. Thakre argued before High Court that Mr. Kadam himself did not fire a single round and required sanctions were not taken before prosecuting him.





HC directs OPSC to conduct OAS main exam
http://www.hindu.com/2009/05/22/stories/2009052257801400.htm
Correspondent
CUTTACK: In a significant ruling, the High Court on Thursday asked Orissa Public Service Commission (OPSC) to conduct the controversial OAS main examinations-2006 once again.
The HC made it clear that the exams should be completed within next three months.
It was also clarified that all the 4,548 aspirants who have qualified in the preliminary examination, including the 3,770 aspirants who have already appeared the main examinations in May-June last year would sit for the same exam once again.
The Bench of Justice B.P. Das and Justice B.P. Ray which was adjudicating over the case since last year had reserved its judgment after completing the hearing in March this year.





HC comes to rescue of GPSC candidates
http://timesofindia.indiatimes.com/Ahmedabad/HC-comes-to-rescue-of-GPSC-candidates/articleshow/4562202.cms
22 May 2009, 0458 hrs IST, Saeed Khan, TNN
AHMEDABAD: Gujarat High Court has come to the rescue of those lawyers whose candidatures for GPSC class-II posts for assistant public prosecutors (APP) were cancelled for committing an error in filling up forms. In a recent order the HC quashed this cancellation.

High court last year directed state government to conduct an examination for recruitment of APPs for 242 posts in courts across the state. GPSC conducted written test in January this year, and more than 5,000 lawyers took this examination.

However, after the list of candidates who cleared the test was declared, some candidates belonging to socially and educationally backward classes (SEBC) were communicated that their candidature was cancelled stopping them from appearing in the final interview. The reason for cancellation of their candidature was that they had submitted non-creamy layer' certificate, but not in the required format.

Actually, production of such income certificate is necessary for SEBC candidate. And, there are two different formats of such certificates one is specific for Central government service, while the second is for the state government jobs. The aspirants for government pleaders' jobs were required to attach a certificate in a format meant for state government jobs, but instead many of them annexed the format that is needed in Central government offices.

The GPSC decided that these SEBC candidates should be disqualified for interview for this blunder, and they were communicated accordingly. This led some of the lawyers move the high court claiming that it was a bona fide mistake not on their part only, but also on part of the authorities that granted the certificates to them.

After hearing the lawyers and GPSC, Justice MR Shah quashed GPSC's decision to cancel the candidature of these lawyers. The court ordered the recruiting agency to call the petitioner lawyers for oral interview. However, the recruiting agency proposed to consider all candidates, who are similarly situated and whose non-creamy layer certificates were rejected on same ground.

The court has given one week's time to all these SEBC candidates to submit their certificates in proper format to GPSC.





HC directs Orissa Public Service Commission to conduct OAS main exam
http://www.hindu.com/2009/05/22/stories/2009052253010300.htm
Correspondent
CUTTACK: In a significant ruling, the High Court on Thursday asked Orissa Public Service Commission (OPSC) to conduct the controversial OAS main examinations-2006 once again.
The HC made it clear that the exams should be completed within next three months.
It was also clarified that all the 4,548 aspirants who have qualified in the preliminary examination, including the 3,770 aspirants who have already appeared the main examinations in May-June last year would sit for the same exam once again.
The Bench of Justice B.P. Das and Justice B.P. Ray which was adjudicating over the case since last year had reserved its judgment after completing the hearing in March this year.
With Thursday’s HC ruling, the OAS exam-2006—for which the advertisement was made way back in August 2006 to recruit around 380 officers—would perhaps take another six months to complete.
What is more awful is that the posts were advertised taking all the vacancies created between 2000 and 2005.
That means a vacancy created in 2000 would now be fulfilled in 2010.
More shocking is the fact that an SC or ST candidate who was eligible for 2000 vacancy at the fag end of his age limit i.e. at the age of 31 and enters the government job in 2010, he would then have only 17 years of service left before he retires in 2027 at the age of 58.
In that case, the officer would not be able to receive final pension after retiring for no fault of his.
It may be mentioned here that the advertisement for the controversial exams came in August 2006 by the OPSC to fill up the vacancies created for the years 2000, 01, 02, 03, 04 and 2005.
It then took another year to conduct the preliminary examinations which were held on May 11, 2007.
And after nine months, i.e. on February 29, 2008 the preliminary results were out wherein the OPSC declared that only 3,770 candidates are eligible to sit for the main exam (written).
Alleging that the reservation ratio was not maintained and as per the norms, candidates numbering 12 times the number of posts advertised were not allowed to write the main exams, some aspirants knocked the court of law for intervention.
While the State Administrative Tribunal (SAT) and the HC were hearing some petitions, the OPSC went ahead with conducting the main exams for 3,770 students from May 27 to June 24, 2008 without rectifying their mistakes.
However, following court directions, the OPSC was forced to publish the preliminary results once again allowing another 778 students qualified to write the main exams.
The second phase of the main exams was scheduled to begin from May 27, 2009 but it was cancelled after the HC stayed it just a day before the exams were to begin.
Challenging the veracity of the exam and questioning about maintainability of “difficult” level of the questions, some students moved the HC again. Disposing off these petitions, the HC on Thursday ruled that the main exams would be held again for the entire students and the same would be completed within three months.




Lawyers to suspend work on Monday to protest police atrocities
Published: May 22,2009

A Public Interest Litigation (PIL) was filed by Anita Khandelwal, a criminal lawyer in the Rajasthan High Court, alleging the police for beating her husband and her in the compound of Additional District and Sessions Judge (ADJ)court, Sambhar.
A division bench of the Court comprising acting Chief Justice RC Gandhi and Justice GS Saraf has taken cognizance of the PIL and directed the ADJ, Sambhar to make an inquiry into the matter and file a detailed report in the court on May 29.
Police protection to the lady and her family was also ordered.
According to the petitioner, on May 18 she had gone to ADJ court to argue a case with by her businessman husband, who allegedly was mistaken by two cops as a client.
When she came out she saw Kajod Singh, Assistant Sub Inspector of Renwaal police station talking loudly to her husband. When she objected, both were allegedly roughed up by Kajod and Karan Singh, Station House Officer of Jobner police Station.
"In an emergency meeting we have decided to suspend work on May 25. We have requested the home minister for action. The culprit officers have been suspended but we are demanding their immediate arrest," High Cout Bar Association members said.

Source: PTI






Philip Mathew gets management leadership award of KMA
http://www.indopia.in/India-usa-uk-news/latest-news/580504/National/1/20/1
Published: May 22,2009

Kochi , May 22 Philip Mathew, the Managing Editor of&apos Malayala Manorama&aposand&aposThe Week&apos, has been selected for Kerala Management Association&aposs management leadership award for this year.
The award, to be presented at a function here, is in recognition of the contributions made by Philip Mathew to the overall development of Kerala in general and to the management profession in particular, KMA president Dr K K Jayan said in a statement here.
With three decades of rich experience in the mass media, Mathew has contributed much to the development of journalism workdwide as vice chairman, International Press Institute (IPI), Vienna, and was elected twice as chairman of Press Trust of India and also the Audit Bureau of Circulation (ABC), the release said.
Presently, he is a member of board of directors in IPI, PTI and Press Institute of India (PIL).
Mathew has been successful in bringing the problems faced by mass media organisations in the Third world to the global attention using the platform of IPI, the release added.
Source: PTI





HC asks Mumbai SEZ to approach Apex Court
http://www.hindu.com/thehindu/holnus/004200905221551.htm
Mumbai (PTI): The Bombay High court today asked Mumbai Special Economic Zone (SEZ) company to approach the Supreme Court with regards to the land acquisition process.
Mumbai SEZ, promoted by Mukesh Ambani, had moved the High Court saying that the formalities of land acquisition are not yet complete despite the State Government initiating the process two years ago.
The SEZ is coming up in neighbouring Raigad district.
The company wanted direction from the High Court to the district collector to expedite the process.
But Maha Mumbai SEZ Sangharsh Samiti, a local organisation opposing the SEZ today told High Court that a PIL related to this project is pending before the Supreme Court.
Therefore, High Court today asked Mumbai SEZ company to approach the apex court.




Activist pleads for green belt around Victoria
http://timesofindia.indiatimes.com/Cities/Activist-pleads-for-green-belt-around-Victoria/articleshow/4562368.cms
22 May 2009, 0404 hrs IST, TNN
KOLKATA: The creation of a green belt around Victoria Memorial Hall is urgently required to protect the monument from environmental degradation, environmental activist Subhas Datta told Calcutta High Court on Thursday.

Citing a report of National Environmental Engineering Research Institute (NEERI) of July, 2007, Datta submitted before the division Bench of Justice Bhaskar Bhattacharya and Justice Tapan Dutt that the institute pointed out several physical damage, such as cracks and black spots, that had developed at several spots of the monument's external walls, which was direct evidence of harmful reaction product formation due to environmental pollution.

According to NEERI, this not only poses a threat to the aesthetics of the monument, but might also pose a serious threat to the long-term load-bearing ability of the marble blocks exposed to atmospheric pollution and rain.

Datta pointed out that NEERI had suggested the creation of green belt of 50 to 70 metre radius surrounding the structure, which could reduce pollution level and save the memorial. "On one hand, the pollution load due to some unavoidable factors has increased manifold surrounding the monument; on the other hand, the creation of a green belt around the structure has been kept unattended by the Victoria authorities. This situation might lead to irreparable loss to the monument," Datta submitted.

Opposing NEERI's recommendation to create a green belt around the monument, the Victoria authorities argued in the course of hearing of the PIL that creation of such a green belt around Victoria would obstruct air flow.

Being a petitioner of the PIL, Datta opposed the Victoria authorities' plea for constructing a modern art gallery, museum and administrative buildings within the monument complex on the ground that it would create pollution and pled for shifting the administrative buildings and the new constructions elsewhere.

"If due to pollution, the structure is endangered and damaged, the question of preserving artefacts will not arise at all. So, survival and existence of the structure is more important than any other thing and must be given topmost priority by making a buffer zone surrounding the monument," Datta said.

The matter will come up for hearing again on June 9.





Residents of suburbs to file PIL for underground Metro
http://timesofindia.indiatimes.com/Mumbai/Residents-of-suburbs-to-file-PIL-for-underground-Metro/articleshow/4562270.cms
22 May 2009, 0308 hrs IST, Chittaranjan Tembhekar, TNN
MUMBAI: Protests against the Metro rail's second line between Charkop and Mankhurd via Bandra seem to have created a divide between the island city and the suburbs.

"Why is an underground route proposed only for south Mumbai and not for the equally important and densely populated western suburbs, between Bandra and Andheri?'' said a resident of the suburb. Like him, many feel the elevated Metro section will result in environmental hazards, such as rise in pollution and felling of trees, besides other problems. They have decided to file a PIL against the state government.

"The MMRDA and the state have failed to respond positively to our demand. They have not even given any proper reason for not going ahead with the underground section. Now we will file a PIL,'' said a member. Several citizens' associations are involved in the protest.

However, MMRDA spokesman Dilip Kawathkar said they would not stop the ongoing tendering process and expected bidders for the Rs 7,660-crore second Metro line. "We have granted extension to bidders to submit their bids by May 31 and MMRDA will go ahead with the elevated plan, which has already been approved,'' said Kawathkar.

Jayesh Thakker, a protesting resident, said principal secretary for urban development T C Benjamin had refused the underground section stating that it might affect the cost. But architect and a resident, Nitin Killawala, who offered an alternative to the MMRDA plan, said only the civic cost of constructing pillars and stations would change while the cost of rolling stock would remain the same.

A panel, comprising architects, shopkeepers, educational institutions and activists said the cost-in terms of environment hazards, widening of roads and livelihood-would be less if their proposal, rather than MMRDA's, was taken into account.





No tree-felling without nod from authority
http://bangalorebuzz.blogspot.com/2009/05/no-tree-felling-without-nod-from.html
TIMES NEWS NETWORK

Bangalore: The high court on Thursday asked BMRC not to cut or remove any tree in Lalbagh area without obtaining permission from the tree officer or the tree authority under the BBMP.
A vacation division Bench headed by Justice N K Patil gave this direction before adjourning hearing on PIL related to tree-felling on R V Road stretch of the Metro project. The PIL also challenged grant of land inside Lalbagh Botanical Garden for a Metro station.
Appearing on behalf of the government and BMRC, advocate general Udaya Holla said the project belongs to the state and all required applications have been filed, seeking permission from the tree authority to cut trees wherever necessary. He said trees will be felled whenever permission is granted. “One cannot oppose every project under the notion of ‘green’. We will not cut any trees without getting permission,” he told the court.
“This is the fifth round of litigation on the same project. A division Bench of this court has already reserved its verdict on the main petition. The contention of the petitioners that KTCP Act has not been followed is inapplicable in this case. A Metro station is also a part of an alignment,” Holla told the court.
posted by The Bangalorean @ 5/23/2009 12:33:00 AM





NHRC seminar on “Right to Information, Human Rights ends
http://silverscorpio.com/nhrc-seminar-on-right-to-information-human-rights-ends/
By admin on May 22nd, 2009 27 views
New Delhi, May 22 (ANI): A two day national seminar on “Right to Information, Human Rights: The Present Scenario”, organized by the National Human Rights Commission concluded in New Delhi today.
Addressing the concluding Session, the noted Hindi Litterateur Kunwar Narayan as Chief Guest observed that literature is a mirror to society and in this context it has close links with Right to Information.
He underscored the importance of Hindi in brining awareness about Right to Information.
Renowned Journalist and Special Guest, Prabhash Joshi stated, it is ironical that the country seems to be governed by the age old rules framed by the British and which have orientation for denying the information.
A change in the society cannot be effected with the introduction of a law, first the society has to accept it, he added. Recalling the efforts behind the enactment of Right to Information Act in the country, he observed that it needs to be implemented in a more transparent manner in which no institution remains beyond its purview.
During the two day seminar, several writers, academicians, Senior Government Officers, Members and Officers of the Commission participated in the discussions on the issue of Right to Information and human rights.
It was largely hailed that the Right to Information has brought in a change in the culture of the governance in the country.
However, it was also felt that unless the people in the governance and the society as a whole are sensitive about the need to be transparent, mere implementation of Right to Information will not be successful. (ANI)





26/11 trial: Court rejects Kazmi's plea to inspect sites
http://www.zeenews.com/news533481.html
Mumbai, May 21: A special court on Thursday rejected a plea of defence lawyer Abbas Kazmi seeking permission to inspect the November 26 terror attack sites and the marine vessel M V Kuber allegedly used by LeT terrorists to reach Mumbai shores from Pakistan.

Kazmi is defending prime accused Mohammed Ajmal Amir Kasab, the lone terrorist arrested during the attacks last year.

Judge M L Tahaliyani said that there was no provision under CrPc to allow lawyers to visit the place of offence but the defence lawyer was free to visit public places and permission in this regard was not required from the court.

However, in case of M V Kuber, permission cannot be given by the court because the boat has already been handed over to its owner on a bond executed by him, the judge said.

At this point, an inspection of Kuber was not necessary but if the court felt at a later stage that the visit was required it would give the permission to the lawyers, the judge added.

The court noted that evidence regarding murder of navigator of Kuber Amar Singh Solanki would be recorded shortly and at this stage it was not necessary for the lawyer to visit the boat.

Bureau Report

Friday, May 22, 2009

LEGAL NEWS 22-23.05.2009

HC go-ahead to PWC for entrance test
http://timesofindia.indiatimes.com/Cities/HC-go-ahead-to-PWC-for-entrance-test/articleshow/4557536.cms
21 May 2009, 0354 hrs IST, TNN
PATNA: The Patna High Court on Wednesday allowed the plea of Patna Women's College (PWC) to conduct the entrance test on May 21, 22 and 23 for admission to different self-financing vocational courses run by the college.

A single bench presided over by Justice Mihir Kumar Jha disposed of the writ petition of PWC and passed an order to this effect. PWC had challenged an advertisement issued by Patna University that all entrance tests for admission to different courses in the university and its colleges would be held in the month of June.

In its writ petition PWC submitted that it had issued an advertisement on April 11, 2009, for conducting the entrance test from May 21 to 23 for the self-financing vocational courses for the academic year 2009-10. But Patna University issued an advertisement on May 6 announcing that all entrance tests for admission to different courses in the university would be held in the month of June.

The plea of PWC was that after the entrance test it takes one month time to take admission and start classes, and if the entrance test is conducted in June then there would be one-month delay in starting the classes.




HC against cutting trees in Lalbagh area
http://www.business-standard.com/india/news/hc-against-cutting-trees-in-lalbagh-area/358822/
Press Trust Of India / Chennai/ Bangalore May 22, 2009, 0:22 IST
The Karnataka High Court today directed Bangalore Metro Rail Corporation not to cut any trees in Lalbagh area without permission of the Tree Authority, in connection with a PIL seeking directions to change the alignment of Metro Rail, as it would pass through Lal Bagh.
Advocate general Uday Holla who appeared on behalf of the state government and BMRCL submitted that they had sought the permission of the Tree Authority to cut the trees and would continue the project after permission was given.
The petitioners, an environment support group Hasiru Usiru and others contended the ordinance promulgated by the governor on November 22, 2008 to earmark a portion of Lalbagh for metro and Indira Gandhi Musical Fountain Park, in Cubbon Park limits to widen the road had lapsed as the government failed to get assent to a bill to replace the ordinance.
Even as the ordinance lapsed, the government issued an order to Horticulture department to earmark 1135 square metres of Lalbagh area for the Metro rail project, they contended.
The bench, after hearing both parties, adjourned further hearing to next week.




BJP's Kheda candidate moves HC, demands re-counting
http://timesofindia.indiatimes.com/India/BJPs-Kheda-candidate-moves-HC-demands-re-counting-/articleshow/4560175.cms
21 May 2009, 1524 hrs IST, PTI
AHMEDABAD: BJP candidate Devusinh Chauhan, who lost the Kheda constituency in the just-concluded Lok Sabha elections by a narrow margin, has moved the Gujarat High Court demanding recounting for the seat.

Chauhan has made the Election Commission of India (ECI), Chief Election officer, returning officers of Gujarat and Kheda as respondents in the case.

The BJP candidate had lost by 846 votes to Congress' Dinsha Patel in a close contest between the two candidates.

When the counting began on May 16, Chauhan was leading against Patel. But towards the end, tables turned and Patel was up by a couple of hundred votes.

Due to a technical snag in an EVM of booth number 76 of Dholka Assembly segment, the declaration of results was stalled till late night, where Patel won by 846 votes.

Chauhan's request for recounting was denied by the returning officer following which he filed a writ petition in the Court.

The matter came up for hearing yesterday in the court of Justice Z K Sayyed who posted it for further hearing on June 8.





HC refuses interim stay on plastic bag ban
http://www.indianexpress.com/news/HC-refuses-interim-stay-on-plastic-bag-ban/463179/
Express News Service Posted: Thursday , May 21, 2009 at 0202 hrs IST
New Delhi:
The Delhi High Court on Wednesday refused to grant an interim stay on the January 7 notification, banning plastic bags from public places in the Capital.
A Division Bench of Justices Madan B Lokur and A K Pathak, however, asked the Delhi government to consider the objections raised by plastic manufacturers. The Bench had earlier sought a response from the government on a petition filed by plastic bag manufacturers against the “blanket ban”.
The All-India Plastic Industries Association criticised the January 7 notification this year issued by the Department of Environment and Forests and Wildlife under the Delhi Degradable Plastic Bag Act, 2008, as “arbitrary”. The Association had argued that the present notification is contrary to earlier ones on June 2005 and May 2006, which allowed the use of degradable plastic bags in “certain places”.
HC seeks UGC response
The Delhi High Court on Wednesday sought response from the University Grants Commission (UGC) on a public interest litigation against a notification allegedly granting “university” status to institutions classified as “deemed to be”. A Division Bench led by Chief Justice A P Shah ordered the UGC and the Centre to file their responses by July 29, the next date of hearing.




In HC: NHRC agrees to probe Batla encounter
http://www.indianexpress.com/news/in-hc-nhrc-agrees-to-probe-batla-encounter/463148/
Express News Service Posted: Thursday , May 21, 2009 at 0136 hrs IST
New Delhi:
The National Human Rights Commission (NHRC) on Wednesday agreed to go ahead with an independent inquiry into the September 19 police encounter at Batla House that left two alleged militants and Inspector Mohan Chand Sharma dead.
The nation’s top human rights panel told a High Court Division Bench led by Chief Justice A P Shah to open the probe into the police action regardless of objections raised by the government to a magisterial inquiry. The Bench recorded the submission from NHRC and observed that it would pass formal orders on May 21.
The court was hearing a PIL filed by an NGO — Act Now For Harmony and Democracy — that raised doubts over police’s version of the encounter and sought a judicial inquiry.
Two alleged members of the Indian Mujahideen — Atif Amin and Mohammed Sajid — and Special Cell’s Inspector Sharma were killed in the encounter, which took place days after the September 13 serial blasts in the Capital.
“Time is passing — You (NHRC) have every right to do it. I don’t see any obstacle in it,” the court had earlier told the human rights commission.




Kalyan gets breather from HC
http://www.indianexpress.com/news/kalyan-gets-breather-from-hc/463302/
Posted: Thursday , May 21, 2009 at 0435 hrs IST
The Calcutta High Court on Wednesday stayed the legal proceedings against Kalyan Banerjee, an adovcate and Trinamool MP from Serampore, in a defamation suit pending against him in the Chief Metropolitan Magistrate’s Court for his alleged derogatory remarks against CM Buddhadeb Bhattacharjee.
Justice Asim Roy directed that the proceedings be stayed in the defamation suit that had been filed against the Trinamool MP on May 4 by Mridul De, a CPM state committee member, who alleged that Banerjee had made derogatory remarks against Bhattacharjee in an interview to a private TV channel. After a hearing, S S Anand, the chief metropolitan magistrate, issued summons against Banerjee and the TV channel for appearance in the next hearing fixed on August 12, 2009.





Iranian moves HC against deportation
http://timesofindia.indiatimes.com/Pune/Iranian-moves-HC-against-deportation/articleshow/4557547.cms
21 May 2009, 0246 hrs IST, Asseem Shaikh, TNN
PUNE: An Iranian national Mohammed Hadi Wayez Jahed Asadi, who is facing deportation for allegedly violating the visa rules and regulations, has moved the Bombay High Court in April end for stalling his deportation.

Asadi was running a hotel in partnership, which was in violation of the visa rules and regulations.

Asadi and his girl friend Nazeri Rodsari Shayad went missing from the city on April 7 after the foreigners registration office (FRO) had issued deportation notices to them.

Asadi was staying in Wadgaon Sheri and Shayad in Kalyaninagar. Both the foreigners, whose passports have been impounded, instead of complying with the notices, have managed to disappear.

The police had launched a massive hunt to trace them. Later, acting on a tip off, a police team traced the duo in Mundhwa and took them into custody on May 7 for completing the deportation process.

The Iranians were served with the restriction order under the Foreigners Act after they were nabbed in Mundhwa.

Shayad, who had taken admission to a city college on the basis of a forged bona fide certificate, was recently deported to Iran. However, Asadi moved the high court for extending his stay in Pune.

Speaking to TOI on Wednesday, senior police inspector Bhanupratap of the FRO said, "Asadi has filed a petition for seeking benefit of the Indian Constitution for extending his stay in Pune".

According to Barge, "Asadi's petition states that he wants to stay here till August end for completing education. Asadi has assured the court that he will go back to Iran on his own. Asadi has pleaded that he had become a partner in a hotel as he was not aware of the India law".

After receiving the notice from the petitioner, "The FRO has filed a written statement in the high court for opposing the petition on the grounds that a foreigner cannot claim benefit of the Indian Constitution," Barge said.

The petition will come up for admission before the high court on June 10.

The FRO had found several students overstaying in the city. Deputy commissioner of police (special branch) Ravindra Sengaonkar had launched a drive against people staying illegally in the city. The FRO has recently deported 200 such foreign students.




HC dismisses eatery's plea against demolition
http://timesofindia.indiatimes.com/Mumbai/HC-dismisses-eaterys-plea-against-demolition/articleshow/4557632.cms
21 May 2009, 0221 hrs IST, TNN
MUMBAI: In a setback for the popular McDonald's restaurant opposite CST station, the Bombay high court on Wednesday dismissed its application challenging a BMC order to demolish the kiosk and shelters it had put up in the compound.

A vacation bench of Justice A V Nirgude and Justice R G Ketkar, however, stayed its order for four weeks to allow Hard Castle Restaurant Private Ltd, the company running the McDonald's chain in the city, time to file an appeal in Supreme Court.

McDonald's is housed on the ground floor of Mahendra Chambers, a Grade II-A heritage structure. The restaurant had received a no-objection certificate from the corporation in 2005 to put up temporary shelters and a kiosk in the open space. Two years later, the BMC cancelled the NOC and ordered the restaurant to clear the area. On May 5, 2009, the assistant municipal commissioner gave the restaurant two weeks to remove the structures (PVC shelters and a kiosk).

"Under the guise of a temporary structure, the restaurant constructed permanent structures in violation of rules,'' said advocate Janhvi Durve, counsel for Mahendra Builders (landlord of the property). The company on its part insisted that it had complied with all the rules.





HC for maintenance of decorum on court premises
http://timesofindia.indiatimes.com/Allahabad/HC-for-maintenance-of-decorum-on-court-premises/articleshow/4557061.cms
20 May 2009, 2224 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has stated that under no circumstances should the decorum be overlooked in the court. This remark was made by a division bench of the Allahabad High Court comprising Justices Amitava Lala and D K Arora when some office-bearers of the High Court Bar Association (HCBA) requested the courts to retire to their chambers as the bar had decided to abstain from judicial work and hence had not put on proper uniform.

The lawyers of the high court abstained from judicial work on Wednesday in support of the call given by the UP Bar Council to all the bar associations of the state to observe protest day against police inaction in a lawyer's death case.

The lawyers of the court under the leadership of the president of the bar VC Misra assembled on the court premises and thereafter went into the court rooms and requested the judges to retire to their chambers. The courts, accepting the request of the members of the bar, retired to their chambers.

Thereafter, HCBA held a meeting and passed a resolution stating that the protests would continue against a Supreme Court judge till he withdraws his remarks made against the lawyers. HCBA also passed a resolution that the bar would make application for intervention in all the cases filed by Dr A K Bansal either in the high court or in the apex court.





Reinstate policemen or face contempt charges: HC tells UP Govt.
http://www.hindu.com/thehindu/holnus/002200905202005.htm
Allahabad (PTI): The Allahabad High Court on Wednesday warned Uttar Pradesh government that it will face contempt proceedings if it did not reinstate by May 27 nearly 18,000 police personnel sacked by the Mayawati regime for alleged irregularities in recruitment.
Holding that non-compliance with the order was prima facie tantamount to contempt of court, Justice Vikram Nath directed the Principal Secretary (Home), the Director General of Police and other top officials to appear before the court on May 27.
The order was passed on a petition filed by Pawan Kumar Singh and others who claimed that the state government was neither allowing them to resume duty nor has it taken any step for the screening of the dismissed police personnel despite the High Court ruling in this regard.




Jaypee Hotels gets HC nod of merger
http://www.thehindubusinessline.com/blnus/02201908.htm
MUMBAI: Jaypee Hotels on Wednesday said it has received the approval from Allahabad High Court for the merger of the company along with some of its group firms with Jaiprakash Associates.
The Allahabad High Court has sanctioned the scheme of amalgamation of Jaypee Hotels, Jaypee Cement, Jaiprakash Associates and Gujarat Anjan Cement with Jaiprakash Associates, the company said in a filing to the BSE. - PTI




Catching them drunk: new HC mandate for pubs finds few takers
http://www.indianexpress.com/news/catching-them-drunk-new-hc-mandate-for-pubs-finds-few-takers/462709/0
Zahid Rafiq Posted: Wednesday, May 20, 2009 at 0142 hrs IST
New Delhi: The High Court’s proposal — to deploy mobile police teams at exit points of bars to check drunken driving— can hardly be washed down with drinks by customers in the city’s bars and pubs. For the owners, too, the news means a clear loss of business. While the police teams are yet to be posted, faces inside the bars have already drooped.
“We have already lost 30 per cent of our customers after the ban on smoking; now there will be more losses,” says Ajay Kaushal, manager of Qash Qai, a year-old bar at Connaught Place.
Reclining on a plush sofa, Amit Arya, employed with a multi-national company, says: “Why don’t they just as well say that only those with chauffeurs are permitted to drink? This will give the police more excuses to harass common people like us.”
While a recent Delhi Traffic police survey reveals that 80 per cent customers at high-end bars in the city drive back on their own, challans for drunken driving in 2008 show a 90 per cent increase over the figures of 2007.
At the posh Q’BA bar in Connaught Place in Central Delhi, Rajiv Sinha, a customer says, “This means I will have to pay a policeman Rs 100 or 200 to let me go. It all ends at corruption.”
Bar owners in Delhi say they usually have no means to stop people from getting drunk. “On several occasions I have asked customers that they have had enough to drink, but they usually reply that it is none of my business. This is my bread and butter and I do not want to incur losses in my business. It is the customers’ problem and they should be careful,” says Firoz Ali, manager of Q’BA.
There are others who are happy with the idea of policemen outside bars and pubs. Haresh Bhatta, manager with a multinational company, thinks this is the best way to prevent deaths due to drunken driving. “If you have to drive, do not drink. If you cannot follow that rule, someone else has to make you do it,” says Bhatta.
Gurgaon bars ‘not under Delhi HC jurisdiction’
Bar owners in Gurgaon say the proposal to have cops stationed outside bars will not affect them as Gurgaon does not fall under the Delhi High Court’s jurisdiction. “We do not fall under the jurisdiction of the Delhi HC,” S K Tyagi, manager at 32 Milestone on NH-8, said. Assistant manager of The Odyssey on MG Road Vineet Grover added: “We do not have any policemen bothering our clients.” DCP (traffic) Satbir Singh was of the same view: “A Delhi High Court order is not binding on us. However, we conduct regular checks on drunken drivers.” —ENS




Most junior lawyers in HC unhappy over working conditions
http://www.indianexpress.com/news/most-junior-lawyers-in-hc-unhappy-over-working-conditions/462800/0
Adam Halliday Posted: Wednesday, May 20, 2009 at 0336 hrs IST
Ahmedabad: A recent survey on the working conditions of junior lawyers in the Gujarat High Court has once again highlighted the pathetic state of affairs they have to put up with. Most apprentice lawyers surveyed by the Ahmedabad-based NGO, Research Foundation for Governance in India (RFGI) admitted that they were paid little, if at all.
The findings further reveal that nine of the 10 junior lawyers are of the opinion that family connections in the legal fraternity matter much in terms of developing a career.
The study, using feedback from junior lawyers, their seniors and also judges, was specifically meant to assess the working conditions of junior lawyers.
Apparently, half of the junior lawyers are dissatisfied with their working conditions.
An instance is of one of the respondents, Sunil Kotia, a young lawyer at the High Court. A gold medallist at Bhavnagar University’s Law Department three years ago, he lived on the Rs 3,000 per month that he received as stipend in Ahmedabad. But with his family in Bhavnagar, he struggled to manage his food, lodging, transportation and other needs.
Kanan Dhru of RFGI said that the meagre stipends litigation lawyers receive during their apprenticeship, coupled with the absence of a legislation concerning this, is one of the reasons why many graduates from the country’s best colleges join corporate firms or work abroad.
The Advocate Act, 1961, the main legislation concerning advocates in the country, makes no mention of apprenticeship.
Several junior lawyers acknowledged that corporate groups pay much more. Pratik Thakar, who studied at ILS Law College, Pune receives a monthly stipend of Rs 5,500 from the litigation firm he currently apprentices under, while his former classmate earns Rs 1.3 lakh per month in a corporate law firm in Mumbai.
But many senior lawyers believe the initial low pay is part of the profession. They also believe that law colleges should restructure their curriculum to accommodate more time for internships and hands-on experience. They say most law schools structure their internships to coincide with their seasonal vacations.
Dharmistha Raval, an advocate and sister of late Kirit Raval, founder of the Gujarat National Law University, said: “It’s like learning how to drive. If you come for a week, take a month off and come back for a week again, you won’t learn anything.”
Raval believes that slowly working one’s way up is the norm for any profession, including law.
“You have to remain in the queue for a few years,” she said.
But not everyone share the same sentiment. Johnsey Macwan, who graduated from Gujarat Law Society, Ahmedabad, in 2006, said he is already thinking of leaving the profession. “I’m not satisfied with the pay,” he said, though he has no idea what other profession he should take up.




For reporters, HC puts bench in parking lot
http://www.indianexpress.com/news/for-reporters-hc-puts-bench-in-parking-lot/462720/
Express News Service Posted: Wednesday, May 20, 2009 at 0149 hrs IST
New Delhi:
Four concrete benches on a dusty footpath in the parking lot outside the rear gate of Delhi High Court do not deserve a second glance. But a cheeky signboard recently put on to the high iron grills — declaring this to be space “for accredited journalists only” — has raised some eyebrows.
After “much consideration, a three-member judicial panel has reportedly decided to allot a temporary lounge for journalists in this parking lot.
“There is an acute shortage of space inside the High Court and we are finding it difficult to provide space even for court staff,” an HC official told the media on Tuesday. “That is why we had to put four seats outside — this is only a temporary arrangement.”
In contrast, the Supreme Court has a separate lounge for both accredited and non-accredited journalists, complete with telephone facilities.





ED seeks HC nod to quiz Rajus
http://timesofindia.indiatimes.com/Hyderabad/ED-seeks-HC-nod-to-quiz-Rajus/articleshow/4553501.cms
20 May 2009, 0431 hrs IST, TNN
HYDERABAD: Aggrieved by the delay in granting permission for recording the statements of the accused in the Satyam scam, the Enforcement Directorate (ED) has filed a petition in the A P High Court seeking its intervention in the matter.

"The lower court is delaying its permission and hampering our investigation which is at a crucial stage now," the ED's assistant director L V Rao said in the petition filed on Monday. The investigation is under progress in accordance with the provisions of the Prevention of Money Laundering Act, 2002, he said. Several properties worth hundreds of crores of rupees are liable to be confiscated from the possession of the accused as they were bought with scam money and this cannot be done without interrogating the accused and recording their statements, he said.

"We filed a petition in the fourteenth additional chief metropolitan magistrate court on April 2 this year and though some of the accused have no objection, the court below has been delaying the matter just because some of the accused are raising needless objections. In fact, the consent of the accused is not necessary here and in matters such as these, the court can straight away accord us permission because we only record the statements of the accused in jail," the petition said.

According to the petition, section 50 of the Money Laundering act empowers court to grant permission even without seeking any objections from the accused. The petitioner found fault with the lower court which has posted the matter to June 1 for further hearing just because some of the accused have raised objections.

Taking advantage of this delay, the accused can direct their men to change the ownership of the properties, which could result in more third party tussles, the ED's assistant director contended and urged the HC to accord it the permission to question the Raju brothers, former Satyam CFO Vadlamani Srinivas and the two PwC auditors. The matter is likely to come up before a vacation bench of the high court on Wednesday.

In fact, the CBI's petition seeking the lower court's nod for conducting polygraph tests on the accused is also getting delayed due to various reasons. One reason could be the the transfer of the magistrate concerned and the resultant administrative delay in paving the way for the new magistrate to take over etc, a legal source said.

Meanwhile, the bail petitions of the auditors will come up for hearing on Wednesday in the lower court.





HC to set up museum in its golden jubilee year
http://www.expressindia.com/latest-news/hc-to-set-up-museum-in-its-golden-jubilee-year/462801/
Syed Khalique Ahmed
Posted: May 20, 2009 at 0339 hrs IST
Ahmedabad During its golden jubilee year that began on May 1, the Gujarat high court has planned to set up a full-fledged museum depicting judicial history of the state and aims to make at least one village in the state litigation free.
One of the most significant contributions of the Gujarat high court in its 50 years of existence has been introduction of judicial ombudsman concept in the country by the then high court chief justice D M Dharmadhikari which resulted into solving of 48,000 cases of earthquake in 2001.
Among various things planned to be preserved in the museum is the original copy of the first vakalatnama of the first case filed in the high court on May 1, 1960, when it became functional after its separation from the Bombay High court. The history of the Saurashtra high court before the region was merged with Gujarat would also be exhibited in the museum.
The museum will also have historical documents, old furniture and artefacts relating to judiciary. The high court authorities have set up different committees for the purpose, with senior most advocate K G Vakharia having been given the responsibility to provide historical background of the Gujarat high court and development of judiciary in the state since its inception.
Intending to conserve every minute detail of judicial progress in the state and maintain a record for the posterity, the high court authorities have planned a year-long programme including holding of seminars, symposia, workshops, lectures and felicitation of former judges and senior legal luminaries.
Chief Justice K S Radhakrishnan said he intended to make at least one village litigation free during the Golden Jubilee year of the high court.
Stating that the number of litigations indicated the degree of comparative peace so vital for the growth of any society, he said he did not want to stop at making only one village litigation free but take the task further and make at least a cluster of villages or a whole taluka litigation free.
In fact, he has already initiated a novel project of classifying cases for quick judicial delivery and bringing down the pending number of cases after he took over in September 2008. He said his aim was to reduce the pendency of the cases to the minimum in the state’s courts and bring it to a level where a case was disposed of within a year of filing it.
The growth
The Gujarat high court which went operational in its old building in Navrangpura on May 1, 1960, with mere four permanent judges and one additional judge has now a total sanctioned and working strength of 42 judges – 28 permanent and 14 additional judges.
The number of judicial districts, which was 15 in 1960, has now increased to 26.
The high court shifted to its new building spread over 34 acres in Sola village on Sarkhej-Gandhinagar highway in 1998. Chief Justice of India K G Balakrishnan also served as a judge in the Gujarat high court in 1997 before he was appointed as its chief justice in July 1998.




Mumbai SEZ moves HC over Raigad land buy
http://economictimes.indiatimes.com/News/Economy/Infrastructure/Mumbai-SEZ-moves-HC-over-Raigad-land-buy/articleshow/4554033.cms
20 May 2009, 0514 hrs IST, ET Bureau
MUMBAI: Mumbai SEZ, promoted by RIL chairman Mukesh Ambani and his associate Anand Jain, on Tuesday moved the vacation bench of the Bombay High Court seeking a direction to the state government to quickly complete the process of land acquisition in Raigad district. The court, in turn, has called for a reply from the district collector’s office by May 22.

Janak Dwarkadas, the lawyer for the SEZ argued that two years after the state issued a declaration of “intention to acquire the land” for the company, the collector has not issued a final award.

The company intending to set up the SEZ, had already paid Rs 600 crore, apart from signing agreements with the land owners. “If the final consent award is not made before June 6, the whole process would lapse in line with the Land Acquisition Act,” he contended.

The government’s lawyer maintained that before the award is made, the persons “interested in the land” — this refers to the original land owners — must appear before the collector. This is to enable the administration to verify whether the land acquisition has been carried out properly. This logic was countered by Mr Dwarkadas who said Mumbai SEZ had, in place registered agreements for the sale of the land which, therefore, made any further verification unnecessary.




GU tribunal revokes transfer, suspension of clerk
http://timesofindia.indiatimes.com/Ahmedabad/GU-tribunal-revokes-transfer-suspension-of-clerk/articleshow/4562201.cms
22 May 2009, 0500 hrs IST, TNN
AHMEDABAD: Gujarat University Service Tribunal has pulled up university authorities for transferring a clerk to another department following his union activities. The tribunal has also quashed university's decision to transfer and suspend the employee.

As per case details, a senior clerk with the Physical Education Department at GU-Bhavin Dave was transferred to Saraspur Reading Centre last year by an official order. However, the director of the department didn't relieve him claiming that he was not taken into confidence by the authorities before transferring Dave along with 10 other employees.

Since Dave was not relieved by the department, he could not resume service at the reading centre. The university in September last year suspended him for not following the order issued by the registrar and vice-chancellor.

Dave approached the tribunal against the suspension order alleging that he was removed from the service with malafide intentions only because he was active in union activity. Dave is the honorary secretary of Anyay Pratikarak Binshikshak Karmachari Sangh that is operative in Gujarat University.

Tribunal judge RA Patel commenced hearing in November and asked the university to show why Dave was transferred. But the university could not answer this, as the transfer order itself didn't mention a reason. Authorities could not place the file on record which they claimed was the base of their decision to transfer 11 employees.

The tribunal took note of inadequate reasons forwarded by the university and also observed that the officials had provided factually wrong information during proceedings. Judge RA Patel set the university's decision to transfer and suspend Dave aside and termed it "malafide".

Moreover, when the university's lawyer sought stay on this order for sometime so that university can approach higher forum, the tribunal rejected the demand stating that the judgement is on merit and doesn't required to be stayed.




Regional language writers on human rights issues to be awarded
http://www.indopia.in/India-usa-uk-news/latest-news/579535/National/1/20/1
Published: May 21,2009

New Delhi, May 21 In a bid to spread awareness about human rights, the National Human Rights Commission has decided to give awards to deserving writers on the issue in 22 official languages.
The NHRC was so far giving awards only to Hindi language writers for their outstanding books and original manuscripts written on human rights issues under one of the schemes run by it for last 11-years.
"Henceforth, we have decided to give awards to the outstanding writers of human rights issues for their books and original manuscripts written in any of those languages enshrined in the Eighth Scheduled of the Constitution," NHRC Secretary General Akhil Kumar Jain said during the inaugural session of the two-day seminar on" Right to Information, Human Rights: The Present Scenario"which began today.
This will help spread human rights awareness among the users of all these languages either, he added.

Source: PTI





Batla: NHRC gets 60 days
http://timesofindia.indiatimes.com/Delhi/Batla-NHRC-gets-60-days/articleshow/4562062.cms
22 May 2009, 0508 hrs IST, TNN
NEW DELHI : Delhi High Court on Thursday gave two months time to National Human Rights Commission to complete its inquiry into the controversial Batla House encounter case in which two suspected Indian Mujahideen terrorists and a police officer were killed.

"The NHRC is requested to complete the inquiry and file the report by July 22,'' HC said, admitting the plea of the commission which had agreed to conduct the probe despite the government's reluctance to conduct a magisterial inquiry into the case which is mandatory before initiating its own investigation.

"Having regard for the fact that nearly nine months have already passed since the incident and that any further delay would prejudice the inquiry, the commission is of the view that it would proceed with the inquiry into the case without insisting on a magisterial inquiry," the commission pleaded.

Wednesday, May 20, 2009

LEGAL NEWS 18-20.05.2009

Varsity confers honorary doctorate on CJI, Yesudas
http://www.newkerala.com/nkfullnews-1-41258.html
Kottayam, May 19 : Kerala Governor and Mahatma Gandhi University Chancellor R S Gavai today conferred honorary doctorates on Chief Justice of India K G Balakrishnan, famous playback singer K J Yesudas and eminent Ayurvedic physician P K Warrier for their outstanding contribution to their respective fields.
The Governor conferred LLD on the CJI, D Lit on Mr Yesudas and DSc on Dr Warrier at the university convocation held here.

Mr Justice Balakrishnan, hailing from Kerala, was appointed as the Chief Justice of India in 2007.

'Padmabhooshan' K J Yesudas had recorded over 40,000 songs in different languages, since crooning for the first time on November 14, 1961.

'Padmashri' Warrier, as the managing trustee and chief physician of over a century-old Kottakkal Arya Vaidya Sala, had rendered yeoman service to the growth of Ayurveda by modernising its clinical, pharmaceutical, educational and research domains.
--- UNI



Need to develop infrastructure in higher eductation: CJI
http://news.webindia123.com/news/Articles/India/20090519/1256909.html
Kottayam | Tuesday, May 19 2009 IST

Chief Justice of India K G Balakrishnan today said there was need for developing infrastructure in higher education sector as in an increasingly competitive economy, the quality of education, especially the professional courses, depends on it.
Delivering his acceptance speech after receiving the honorary degree of LLD from M G University Chancellor and Kerala Governor R S Gawai, he said thousands of government-run colleges across the country fared very poorly in this regard and similar problems had been seen in numerous private institutions as well.
While it was not correct to make generalisations, there were legitimate concerns about the mushrooming of private educational institutions which charged considerably higher fees but did not provide facilities required for a sound academic learning, he said. Stating that there was need for some innovative practices to provide incentives to teaching career, he said teaching staff should also be actively involved in research activities. Eventhough educational institutions must be given a certain degree of autonomy with respect to curriculum setting and designing of courses, there was a clear governmental interest in making interventions against such profit-seeking behaviour, he said.
It must be kept in mind that eventhough the Constitution mandates reservations for the some of the socially and educationally backward classes in private institutions as well, the overpricing of education could frustrate the objective of this affirmative policy, he said, adding if there were no controls over profit-seeking behaviour, candidates from the disadvantaged sections would be increasingly deterred from even applying to colleges and would face immense hardship. Underlining the need to rationalise fee structures in public institutions, wherein government subsidises education to a large extent eventhough students are capable of paying higher fees, he said the foremost objectives of higher education should be absorption of liberal values, capacity for critical inquiry and skills necessary for competing with the best in the world.
-- (UNI) -- 19MS29.xml




SC stays HC order on new polytechnics
http://timesofindia.indiatimes.com/Pune/SC-stays-HC-order-on-new-polytechnics/articleshow/4553239.cms
20 May 2009, 0335 hrs IST, Vishwas Kothari , TNN
PUNE: The Supreme Court on Monday stayed the Bombay high court order of May 7 that had restrained the state government from allowing any new polytechnic
institution to go functional from 2009-10 without prior approval of the All India Council for Technical Education (AICTE).

The fate of 32 proposed polytechnics in Pune region comprising Solapur, Sangli, Satara, Pune and Kolhapur districts hangs in the balance in the wake of a PIL (No.80/2009) filed in the high court by the Teachers Association for Non-Aided Polytechnics (TAFNAP).

When contacted, secretary to state department of higher and technical education J S Saharia said, "We will take a final call on this issue after a due consultation process with our legal counsel."

Saharia said, "I have been informed by my colleagues about the development in the Supreme Court. However, I am yet to receive a copy of the court's order. We will weigh the pros and cons with the authorities concerned before deciding on going ahead with the new polytechnics process."

Among other things, TAFNAP had argued in the PIL that the state government had no authority to sanction new polytechnics because it was the prerogative of the AICTE. Besides, it contended that the new polytechnics were being cleared without proper survey and development plan for technical education.

After a couple of hearings on March 19 and April 9, the high court division bench of chief justice Swatanter Kumar and justice S C Dharmadhikari issued an order on May 7 restraining the government from going ahead with the process of sanctioning new polytechnics without the AICTE approval.

The high court, while posting the matter for next hearing to June 18, passed strictures against the government. "It is surprising that the state is willing to play with the career of thousands of students in granting admission to the courses irrespective of the fact whether such additional courses/additional seats have received approval of the AICTE or not," the high court order states.

The state government moved the apex court by filing a special leave petition (No.12368/2009) against the high court order, before the vacation bench of justices Markandey Katju and Deepak Verma.

Following a brief hearing on Monday, the vacation bench granted a stay on the high court order and directed notices to TAFNAP, which has been given four weeks to furnish its written submission. The apex court directed the state government to file a counter-affidavit on TAFNAP's submission, in the four weeks thereafter. The matter is likely to be heard by the Supreme Court in the third week of July.

Now, the question remains as to whether the government will go ahead with the process of allowing new polytechnics to start from 2009-10.





HC seeks details of chopper expenses
http://www.telegraphindia.com/1090520/jsp/jharkhand/story_10991986.jsp
CHANDRAJIT MUKHERJEE
Ranchi, May 19: Jharkhand High Court today once again directed the administration to furnish all details of flights made on the state’s lone chopper to the accountant-general so that auditing of expenditure incurred due to flying can be done.
A division bench of the high court directed advocate-general P.K. Prasad to ensure that details of as many as 894 flights on the state helicopter be submitted to the office of the accountant-general to estimate the financial expense of the state exchequer.
The bench comprising Chief Justice Gyan Sudha Misra and Justice D.K. Sinha also ordered that a break-up of the expenditure, estimated to be about Rs 35 crore between April 2005 and November 2008, should be calculated and the accounts be produced before the court.
The court gave the order while hearing a public interest litigation (PIL) that exposed the unauthorised use of the chopper by politicians, bureaucrats and their relatives, and other VIPs by flouting protocol and other rules restricting the use of the helicopter.
Petitioner Bindu Bhushan Dubey had alleged that the state had given a free hand to the ministers and their families to use the chopper in complete disregard of regulations.
Dubey, in his petition, has said that the official chopper was used for pleasure trips by the former ministers of the state. For even small distances in the capital, the helicopter was pressed into service while cars could have easily travelled to the destinations.
The chopper, which is at disposal for official purposes, has been hired from a private company, which is paid a hefty amount. According to the PIL, the expenses of using the chopper come to about Rs 35 crore.
Earlier, while hearing the petition, the court was apprised by the office of the accountant-general that there seemed to be some discrepancy in the record of flights made on the chopper.
The civil aviation department had been requested to furnish details as mentioned in the flight logbook.
However, it is yet to give the details.
The court had earlier directed the state to table all necessary documents and cooperate with the accountant-general, but no data has been provided yet.
The matter will again be taken up for hearing again on May 26.




Notice to BMRC, BDA, state govt, Centre
http://timesofindia.indiatimes.com/Bangalore/Notice-to-BMRC-BDA-state-govt-Centre/articleshow/4553274.cms
20 May 2009, 0418 hrs IST, TNN
BANGALORE : The high court on Tuesday sent notices to BMRC, BDA, KIADB, state government, Centre and others on PIL challenging land allotment in Lalbagh for building a Metro Rail station.

A vacation division Bench headed by Justice N K Patil posted the matter to Thursday; it asked the state government and BMRC to file affidavits explaining their activities in Lalbagh.

In their PIL, Environmental Support Group and Hasiru-Usiru challenged an ordinance passed on November 22, 2008, seeking to amend the Karnataka Government Parks (Preservation) Act. They also challenged an order passed on February 25, 2009, which allowed BMRC to take over 1,135.18 square metre inside Lalbagh.

According to the petitioners, the land in question was handed over without complying with provisions of the Karanataka Town and Country Planning Act, and also without bringing a suitable amendment to CDP-2015. "There is no proposal in CDP-2015 for alignment of Namma Metro within Lalbagh," petitioners' counsel said.

"The November 22, 2008, ordinance has lapsed since it wasn't placed before the January assembly session held in Belgaum. Also, the authorities issued land acquisition notification for that area on November 20 __ two days before the ordinance. Hence, they did not look into alternatives," the counsel explained.

According to the petitioners, 293 trees will be affected in the East-West corridor, 501 in the North-South corridor, and 412 trees in the 33-km project.

BMRC: No commercial exploitation in Lalbagh area

In a statement to the court related to another PIL, BMRC said it will not create parking zones and malls at Lalbagh Metro station or at any other station on this stretch.

"There is private land acquisition on RV Road and Jayanagar Metro station areas," BMRC said in reply to PIL by Mahaveer Ranka, who challenged tree-felling in Lalbagh.

"Till March 31 this year, work on 75 milestones out of 151 have been completed and Rs 1,305,47 crore spent on the project. Also, 1,135.18 square metre is equivalent to 123 guntas and it amounts to just 0.12% of the 243-acre-large Lalbagh area," BMRC stated.

"The project was executed after taking into account relevant and detailed reports. It will provide a benefit of Rs 1,155 crore to the public. A total of 188 trees will be felled and 202 pruned," BMRC explained.

School order stayed

The high court has stayed an order passed by the block education officer on April 8, asking authorities to closed down Infant Jesus Cottage School and transfer its students to another school.

The school replied that it had obtained a no-objection certificate from the authorities to start a school based on ICSE. "There is no truth in the contention of authorities that we're running 6th and 7th standards without approval," the school claimed.




HC to freedom fighter's rescue
http://timesofindia.indiatimes.com/Chandigarh/HC-to-freedom-fighters-rescue/articleshow/4553722.cms
20 May 2009, 0150 hrs IST, TNN
CHANDIGARH: PGI’s alleged refusal of free medical treatment to 85-year-old freedom fighter Joginder Singh, resident of Manimajra, came under the HC scanner on Tuesday following a PIL filed by lawyer HC Arora.

A division bench comprising CJ Tirath Singh Thakur and justice Hemant Gupta, expressing complete sympathy with the freedom fighter, observed that HC would be too willing to issue directions to UT administration to release payment.

The bench also asked petitioner Arora to arrange payment of all materials to the PGI and bring all the relevant bills before the HC on the next date of hearing so that appropriate directions for releasing payment of all those bills may be issued to the administration.

Arora referred to various notifications issued by UT finance secretary (in pursuance to an earlier PIL filed by Arora himself) extending free medical treatment to freedom fighters and their spouses by hospitals, dispensaries under control of the Chandigarh administration. Arora asserted that the PGI, despite requests by UT administration, had not extended similar facility to freedom fighters.





BMRC, others told to explain Lalbagh work
http://bangalorebuzz.blogspot.com/2009/05/bmrc-others-told-to-explain-lalbagh.html
WEDNESDAY, MAY 20, 2009
NGOs Still Pursue Tree-Felling Debate
TIMES NEWS NETWORK

Bangalore: The high court on Tuesday sent notices to BMRC, BDA, KIADB, state government, Centre and others on PIL challenging land allotment in Lalbagh for building a Metro Rail station.
A vacation division Bench headed by Justice N K Patil posted the matter to Thursday; it asked the state government and BMRC to file affidavits explaining their activities in Lalbagh. In their PIL, Environmental Support Group and Hasiru-Usiru challenged an ordinance passed on November 22, 2008, seeking to amend the Karnataka Government Parks (Preservation) Act. They also challenged an order passed on February 25, 2009, which allowed BMRC to take over 1,135.18 square metre inside Lalbagh.
According to the petitioners, the land in question was handed over without complying with provisions of the Karanataka Town and Country Planning Act, and also without bringing a suitable amendment to CDP-2015. “There is no proposal in CDP-2015 for alignment of Namma Metro within Lalbagh,” the petitioners’ counsel said.
“The November 22, 2008, ordinance has lapsed since it wasn’t placed before the January assembly session held in Belgaum. Also, the authorities issued land acquisition notification for that area on November 20 — two days before the ordinance. Hence, they did not look into alternatives,” the counsel explained.
According to the petitioners, 293 trees will be affected in the East-West corridor, 501 in the North-South corridor, and 412 trees in the 33-km project.
SCHOOL ORDER STAYED: The HC stayed an order passed by the block education officer on April 8, asking authorities to closed down Infant Jesus Cottage School and transfer its students to another school. The school replied that it had obtained a no-objection certificate from the authorities to start a school based on ICSE.
Won’t commercially exploit Lalbagh: BMRC
In a statement to the court related to another PIL, BMRC said it will not create parking zones and malls at Lalbagh Metro station or at any other station on this stretch. “There is private land acquisition on RV Road and Jayanagar Metro station areas,” BMRC said in reply to PIL by Mahaveer Ranka, who challenged treefelling in Lalbagh.
“Till March 31 this year, work on 75 milestones out of 151 have been completed and Rs 1,305,47 crore spent on the project. Also, 1,135.18 square metre is equivalent to 123 guntas and it amounts to just 0.12% of the 243-acre-large Lalbagh area,” BMRC said. “The project was executed after taking into account relevant and detailed reports. It will provide a benefit of Rs 1,155 crore to the public. A total of 188 trees will be felled and 202 pruned,” BMRC explained. TNN





Patna HC allows BPSC to conduct its mains
http://timesofindia.indiatimes.com/Cities/BPSC-can-conduct-Mains-Patna-HC/articleshow/4552890.cms
19 May 2009, 2056 hrs IST, PTI
PATNA: In a relief to students who qualified the Bihar Public Service Commission's (BPSC) PT examination for 48th to 52nd combined competitive examination, Patna High Court on Tuesday allowed the Commission's plea to hold the mains examination.

BPSC's mains examination is scheduled to begin from May 25.

After hearing the arguments of both sides and going through the records, a division bench comprising Justice Sudhir Kumar Katriar and Justice K K Mandal observed that BPSC had acted in a fair manner and ensured all fairness in the process of examination.
The bench on March 6 had stayed the single bench order which quashed the PT examination conducted by the BPSC and had directed it to hold the examination afresh.

The single bench order of January 30 was challenged by the successful candidates of the PT examination and BPSC.

The court today also allowed the commission to hold a separate preliminary test (PT) examination for 94 candidates who had first complained about the anomalies in the question paper before the publication of the PT results.

BPSC had conducted the PT examination on May 25, 2008 and out of 1,76,984 candidates who appeared for it, 19318 were declared successful on September 18, 2008. About 150 unsuccessful ones who alleged irregularities in the examination and took the matter to the court.




HC allows Jet Airways to lease out Boeing aircraft
http://www.thehindubusinessline.com/blnus/28191962.htm
MUMBAI: The Bombay High Court on Tuesday allowed Jet Airways to lease out one Boeing aircraft to Turkish Airlines, in addition to three already leased. Justice Anand Nirude granted permission to Jet to give the aircraft on a dry lease for 25 months.
Jet needed court's permission as earlier High Court had barred the airlines from creating third party rights in its moveable assets, including 40 aircraft, until its dispute with Sahara India Commercial Corporation Ltd (SICCL) was settled.
Last month also Jet had moved the court seeking permission to send three Boeing-777 aircraft to Turkish Airlines on a dry lease. SICCL had in March filed a petition, claiming that the Naresh Goyal-owned airline had defaulted on the installment amount du e as payment for acquisition of Sahara Airlines, now JetLite, hence it was liable to pay original deal amount of Rs 2,000-crore and not re-negotiated amount of Rs 1450 crore.
High Court, at the last hearing, asked both the parties to seek out-of-court settlement. Court is expected to give ruling on the Sahara's petition on June 12. - PTI




Mumbai SEZ moves HC for speedy completion of land acquisition
http://www.thehindubusinessline.com/blnus/28191862.htm
MUMBAI: Mukesh Ambani-promoted Mumbai SEZ, coming up in the neighbouring Raigad district, on Tuesday moved the Bombay High Court seeking speedy completion of land acquisition process by the district administration.
The Court has sought reply from the collector's office by May 22. SEZ's lawyer senior advocate Mr Janak Dwarkadas said that two years after state issued declaration of intention of acquire the land'' for the company, final award has not been made by the collector.
If the final consent award is not made before June 6, the whole process would lapse as per the Land Acquisition Act, Mr Dwarkadas said. However, government's lawyer said that before award is made, the persons "interested in the land'', i.e. the original land owners, must appear before the collector so that he could verify whether acquisition has been made properly.
Mr Dwarkadas contended that Mumbai SEZ had registered agreements of land sale, and no further verification was necessary. "We have paid out some Rs 600 crore. We have paid consideration ten times the market prices,'' he said.
The vacation bench of Justices Anand Nirgude and Rajesh Ketkar however adjourned the hearing till May 22, asking government to file affidavit stating its stand. - PTI




HC judge's car burnt in suspected sabotage
http://www.indianexpress.com/news/HC-judge--s-car-burnt-in-suspected-sabotage/462482
Posted: Tuesday , May 19, 2009 at 1637 hrs IST
Madurai:
In a case of "suspected sabotage" by supporters of LTTE, car of Madras High Court Judge M Chockalingam was today found burnt inside the court complex in Karaikudi town of Sivaganga district, police said.
Chockalingam's driver Stephen, who went to collect the car from the court's guest house where it was parked last night, found the vehicle burning and informed police.
Stephen has parked the vehicle there on the orders of the judge, after dropping him home, they said.
A case of suspected sabotage has been registered, they added.
Meanwhile, DIG Ashok Kumar Dass and District Superintendent of Police Rajendran visited the spot and ordered formation of a special team to investigate the incident.




HC to govt: Appoint info officials
http://timesofindia.indiatimes.com/Patna/HC-to-govt-Appoint-info-officials/articleshow/4548635.cms
19 May 2009, 0335 hrs IST, TNN
PATNA: The Patna High Court on Monday directed the Bihar government to fill up the posts of chief information commissioner and two information commissioners of the State Information Commission within a month.

A division bench comprising acting Chief Justice Shivakirti Singh and Justice Mihir Kumar Jha passed the order on a PIL of Vikas Chandra alias Guddu Baba who submitted that the posts were lying vacant for several months.

Additional advocate general N K Sinha submitted the state government appointed former Patna High Court Chief Justice J N Bhat as the chief information commissioner in October 2008, but he had not yet joined.





HC directive on case against Lalu
http://timesofindia.indiatimes.com/Patna/HC-directive-on-case-against-Lalu/articleshow/4548708.cms
19 May 2009, 0335 hrs IST, TNN
PATNA: The Patna High Court on Monday issued a directive to a Muzaffarpur court to proceed in accordance with law in a case in which RJD chief Lalu Prasad has been charged with forcing the pilot of a helicopter to land on the national highway near Maniari in Muzaffarpur district during the 2007 floods.

A single bench presided by Justice Jaya Nandan Singh issued the directive while hearing a criminal writ petition of a Muzaffarpur lawyer, S K Ojha.

Petitioner's counsel V K Singh submitted the pilot has given the statement that Lalu asked him to land on the highway. The reports of the DIG and SP also corroborated this fact, he said.




Private, unaided schools to stick by HC verdict
http://mangalorean.com/news.php?newstype=local&newsid=125201

Bangalore, May 19: Several private and unaided schools management associations have decided to stand by the High Court ruling on medium of instruction.
At a meeting convened by Karnataka State Private Schools Management Association, the different associations decided to fight it out with the government in unison. The meeting was presided over by H V Suresh, the secretary of the Association.
Other organisations that participated in the meeting included Karnataka Unaided Schools Management Association (KUSMA), Karnataka Unaided Minorities Schools Association and Karnataka Association of Managements of Private Schools (KAMPS).
H V Suresh said, “We will stand by the High Court ruling until the Supreme Court grants a stay on the order. The ruling of the High Court is law until there is an intervention by the Supreme Court and the law states that parents have a fundamental right to choose the medium of instruction.”
He added that they will also file for contempt against the State government in the next few days for its failure to implement the HC ruling that gave it four weeks to sanction English as a medium for schools that had applied.
The organisations present vowed to fight it out in the Supreme Court if it granted a stay. Although the government had sought a stay, the apex court had deferred the issue until the end of summer vacation. The organisations also decided to submit a memorandum to the Chief Minister B S Yeddyurappa and Minister for Primary and Secondary Education Vishveshwara Hegde Kageri protesting against the government’s insistence on imparting primary education in the mother tongue. The representatives also unanimously agreed that Kannada must be taught as first language even if the medium of instruction was English.
The Deputy Chairman of the legislative council A Puttanna of the Janata Dal (Secular) was also present at the meeting and endorsed the stand of the associations. He blasted the government for its hypocrisy and said that the government had no right to interfere with the medium of instruction.
“If we do a study of where the children and grandchildren of Kageri and all these ministers and bureaucrats study, then the hypocrisy of these so called guardians of Kannada will be out,” he said. He urged the different bodies to stay united and said that there is nothing to fear. “Every government has to stay within the bounds of the constitution,” Puttanna said.
Meanwhile, an individual by the name of M S Khan representing Modern High School, Ejipura has already filed a petition for contempt in the High Court against the State government.
Contempt case against Kageri
A contempt of court case was filed in the High Court on Monday by a private school management against Minister for Primary and Secondary Education Vishveshwara Hegde Kageri.
The case follows the Minister’s statement on Thursday that the government was firm on pursuing the policy of providing primary education in Kannada medium and would not under any condition allow the schools to teach in English medium.
M S Khan of Modern English School of Ejipura has sought the Advocate General’s permission to file a contempt case against Kageri.
It may be recalled that the state government had filed a Special Leave Petition (SLP) in the Supreme Court questioning the High Court’s decision to disallow the mandatory imposition of Kannada as a medium of instruction. The Supreme Court ordered a stay on the SLP. The applicant has argued that the government does not have the authority to deny them permission to use English as a medium, when the Supreme Court has granted a stay.
DHNS





HC raps govt for stalling recruitment
http://timesofindia.indiatimes.com/Bangalore/HC-raps-govt-for-stalling-recruitment/articleshow/4549158.cms
19 May 2009, 0427 hrs IST, TNN
BANGALORE: The high court has pulled up the government for stalling recruitments to the Karnataka State Pollution Control Board.

Justice B Abdul Nazeer, while quashing government directions to stall the process, noted that the state has no jurisdiction to stay appointments initiated by a statutory board.

In July 2008, KSPCB initiated recruitment for vacant posts in the board. Some persons who were working on a contract basis for more than nine years also applied. The chief minister's office issued orders to the KSPCB to stop the process.

Four of the contract employees approached the court against the stay. The court has directed the government to complete the recruitment process within three months.




HC seeks clarification on law varsity issue
http://timesofindia.indiatimes.com/Cities/HC-seeks-clarification-on-law-varsity-issue/articleshow/4549584.cms
19 May 2009, 0350 hrs IST, TNN
JODHPUR: The Rajasthan High Court has issued notices to the secretaries of Ministry of Human Resources, Bar Council of India, Ministry of Higher Education, University Grants Commission (UGC), Convener of Common Law Entrance Test (CLAT) and to the Registrars of all 11 National Law Universities (NLU) across the nation seeking reply on the reservation given by the six NLUs for students belonging to their respective states.

The court has sought replies with May 28 deadline from all the respondents in pursuance of the petition filed by Sagar Joshi of Law Prep Tutorial, an institute coaching students for the CLAT in Jodhpur. Joshi, challenging the provision of the reservation in the joint entrance test, CLAT, conducted by these six law schools, has demanded abolition of this provision.

The first NLU was established in Bangalore in 1987 by the joint efforts of the Bar Council of India, UGC and Karnataka government with a view to launch five-year integrated law course of national standard. Encouraged by the overwhelming success of this initiative, Bar Council of India decided to launch more such universities across the country with the assistance of the state governments to elevate the standard of the law education in the country and prepare more qualified lawyers.

These initiatives resulted in setting up of 11 NLUs across the country in the states of Rajasthan, Madhya Pradesh, Andra Pradesh, Kolkata, Gujarat, Uttar Pradesh, Bihar, Punjab, Chhattisgarh and Kerala besides Karnataka. Out of these 11 NLUs, six kept the provision of giving reservation to the students of their respective states, which ranged from 20% to 50%. According to the petitioner’s counsel, P S Bhati, reservation so given is in violation of the Section 16 of the Indian Constitution, which forbids reservation to any student in any educational institution of national level on the basis of the birthplace. On the basis of this argument, the single bench of Justice H R Panwar of the Rajasthan High Court accepted the petition and issued notices to all the concerned respondents to give reply by 28 May.

According to the petitioner Sagar Joshi, there are 1,500 seats across these 11 NLUs and after the reservation by the six NLUs of Bhopal (MP), Raipur (Chhattisgarh), Gandhinagar (Gujarat), Patiala (Punjab), Patna (Bihar) and Luknow (UP), only 1,100 seats are left for the students of other states, which is an injustice to them. He said that these are best law schools, which are known for imparting the best education. But provision of reservation in these schools is detrimental to the image and objective behind setting up of these schools, Joshi added terming it unconstitutional.




HC summons senior health officials
http://timesofindia.indiatimes.com/Allahabad/HC-summons-senior-health-officials/articleshow/4548425.cms
18 May 2009, 2328 hrs IST, TNN
times news network

Allahabad: Taking serious note of the pathetic condition of Swaroop Rani Nehru (SRN) Hospital, the Allahabad High Court has directed principal secretary, medical education and director general medical health
, Uttar Pradesh to appear in person before it on May 22 to explain why appropriate measures were not taken to improve the condition despite repeated court orders.

The order was passed by a division bench comprising Justices Sunil Ambwani and Dilip Gupta on a PIL filed by advocate Satish Chaturvedi. The court also directed the medical authorities to allow advocate Akhilesh Kumar Pandey to visit the hospital and the offices of SRN Hospital, Children Hospital and MD eye hospital.





New govt to continue offshore wealth recovery
http://economictimes.indiatimes.com/News/Economy/Finance/New-govt-to-continue-offshore-wealth-recovery/articleshow/4550303.cms
19 May 2009, 1007 hrs IST, M Padmakshan , ET Bureau
MUMBAI: In all likelihood, the new regime in power will follow up the work it has initiated in its last term to recover Indian wealth taken away to various offshore banking destinations. Quite a few reasons are there to presume so.

First, the public interest litigation (PIL) being heard by the Supreme Court on this issue. Sources close to jurist Ram Jethmalani, who filed the PIL, said the legal pursuit will carry on irrespective of the governments. Also, more PILs on this issue may come up soon, as NGOs and other interested parties have decided to file PILs after the formation of the new government.

The second reason for a continuance in the efforts will be the moral support from several international experts on Asian economies. Then, there is also the international consensus on the need to rein in tax havens, which can bolster India’s efforts to renegotiate tax treaties signed with other countries, including Switzerland and other offshore destinations.

The UPA government’s view on this matter could be inferred from the affidavit filed before the Supreme Court. It said it had secured from the German government, details of Indians having deposits with LGT Bank, Liechtenstein, a well-known tax haven bordering Germany. It said the government received this information from Germany after a systematic and sustained pursuit.

This was a reply to the charges in the PIL in which it was alleged that the government was not committed to secure information offered by Germany. The affidavit also answered charges levelled by BJP and CPM that the ruling party was indifferent to the German government’s offer.

The Union government’s affidavit in the PIL has given details of the steps initiated, including telephone calls and emails sent to the concerned authorities in Germany.

The government also told the Supreme Court that it had approached the government of Switzerland for a relook into the Double Taxation Avoidance Agreement (DTAA) so that the Indian tax regime gets an easier access to information regarding Indian deposits in Swiss banks.

Therefore, the government is under obligation to continue with the exercise of renegotiating the DTAA with Swiss authorities and also with several countries known to be having strict banking secrecy laws that prevent access to information on deposit holders, according to legal experts.

Additionally, there is also moral support in favour of the government, coming from international experts and economists specialising in Asia’s economies.

Joseph Tan, chief economist at Credit Suisse, the second largest Swiss bank, was quoted by international media recently as saying that India has to claw back every cent it can get.

The prospect of revenue is the impetus to crack down on tax evasion and tax havens. The $85 billion stimulus package underway requires mobilisation of such resources, the report added.

Indian initiative in this direction also coincides with international consensus on reining in on tax havens that reportedly conceal over $11 trillion stashed away from developing as well as developed countries.

The G20 meet held in London last month too voiced its concern over continuing existence of banking secrecy laws that block any information on deposits held in these banks.




HC restrains govt from allowing wine shop in residential area
http://timesofindia.indiatimes.com/Cities/HC-restrains-govt-from-allowing-wine-shop-in-residential-area/articleshow/4549415.cms
19 May 2009, 0244 hrs IST, TNN
LUCKNOW: The high court has restrained the government from allowing the opening of the new model wine shop at a residence in Indira Nagar locality.
The order came from the bench of Justice Pradeep Kant and Justice SNH Zaidi.

A high court lawyer, Sanjai Kumar and ten senior residents of the area had filed a PIL petition in the court submitting that a new model wine shop was being opened in the midst of the residential colony at house number D-2045 in Indira Nagar. The petitioners were residents of the adjacent houses to the proposed shop. It was pleaded in the PIL that UP Number and Location of Excise Shop Rules 1968 prohibits specifically the opening of a new shop in close proximity to a place of public resort, school, hospital, place of warship or factory or to the entrance to a bazar or a residential colony.

The shop was being opened in violation of the said rules, argued the counsel for the petitioners, Sandeep Dixit, adding that even the apex court is of the view that no such shop should be opened in 100 metre radius of the aforesaid places. The state government has, however, reduced this 100 metre to 50 metre.

The bench heard the matter at length and observed, prima facie, 'we are satisfied that no such shop can be opened in terms of the aforesaid rules.' However, the court allowed the shop owners to get their shop opened at a place, where the prohibition as stated is not applicable.




Model jail shift need of the hour, pleads govt with HC
http://timesofindia.indiatimes.com/Cities/Model-jail-shift-need-of-the-hour-pleads-govt-with-HC/articleshow/4549414.cms
19 May 2009, 0245 hrs IST, TNN
LUCKNOW: The government has filed short counter affidavit in the model jail demolition case. The bench of Justice Pradeep Kant and Justice SNH Zaidi posted the matter for Tuesday for next hearing.

On behalf of the state government, chief standing counsel Devendra Upadhyay has pleaded in the affidavit that the decision to shift the model jail to Gosainganj-Mohanlalganj Road has been taken in public interest. He stated that against the present capacity of 2,010 prisoners at model jail, Nari Bandi Niketan and district jail, the present population is 3,632. The proposed capacity in the jail is to house 4,660 prisoners. The new jails would have better facilities for jail reforms and for welfare of the inmates.

Upadhyay stated that the new jails would have high security barracks, a hospital of high efficiency, court rooms, video conferencing rooms, central watch towers, high mask light, modern common kitchen, better and more secure place for inmates, sewage treatment plants etc.

Upadhyay further stated in the affidavit that the decision to shift the model jail has been taken considering the fact that jails in Lucknow have now come to a congested area and also the requirement of security of jail inmates as jails presently are not only housing under trials and convicts of various offences but also the persons accused of terror activities. He informed that the state government considered for the first time in 1995 to transfer the jail situated in congested areas of various districts and also the disposal of land and other assets of jails in case of their transfer.

As on April 30, 2009, at least 78,806 prisoners against the existing capacity of 43,411 prisoners were housed in 61 prisons in the state. The physical infrastructure of jails has not kept pace with the changing requirement and heightened expectation and need of better prison management. This situation has necessasitated construction of new jails, pleaded Upadhyay.

A local lawyer SL Pandey had filed a public interest litigation (PIL) petition against demolition of model jail. The court had restrained the government from demolishing the said jail premises and felling of trees as also shifting of jail inmates to other places. The PIL came up for hearing on Monday again. The bench asked how long it would take for the state government to complete the construction of new jails.





Independent inquiry sought into state of affairs in Prasar Bharati
http://www.indianexpress.com/news/Independent-inquiry-sought-into-state-of-affairs-in-Prasar-Bharati/462002
Posted: Monday , May 18, 2009 at 1729 hrs IST
New Delhi:
The Chairman of Prasar Bharati Board on Monday sought before the Delhi High Court an independent, comprehensive and time bound inquiry into the "deplorable" state of affairs in the public broadcaster.
In his affidavit, Chairman Arun Bhatnagar said the functioning of the Prasar Bharati has, "for quite some time now, been a matter of the gravest concern" for the members of the board.
The affidavit was filed in response to a notice by the Court on a PIL which alleged financial irregularities in Prasar Bharati.
Appearing for the government, Additional Solicitor General Parag Tripathi informed the Court that the Comptroller and Auditor General of India (CAG) has been asked to undertake an internal audit of the broadcaster.




J &K HC to hear PIL on polythene ban on June 2
http://www.indlawnews.com/newsdisplay.aspx?aad08f1d-8371-4272-a577-5745203be9fc
5/17/2009

The Jammu and Kashmir High court will hear on June 2 the Public Interest Litigation (PIL) filed by the Valley Citizen Council (VCC) seeking the Court’s intervention to ban the import and use of polythene in Kashmir, alleging that some polythene-friendly lobby was preventing the state government from banning the major threat to environment.

VCC general secretary Imdad Saqi, in the six-page PIL, has sought immediate intervention on the issue, alleging the state government has failed to ban the import and use of polythene which was a major threat to environment.

He said two years ago the state government issued a SRO banning the use of non-biodegradable material. However, till date its implementation was awaited as the file is still pending before the concerned department, who show no interest because of reasons best known to them.

Mr Saqi demanded action against the officers and officials responsible for keeping the file in the cold storage.

He said as the implementation of the SRO needs a rule book for framing of procedures with regard to issues like imposition of fine and prosecution, the State Pollution Control Board (SPCB) after completing the formalities, sent the file to state forest department two years ago for administrative wetting. However, till date it has not been done and the file is pending with forest department.

He further said that the Housing and Urban Development Department was also responsible for not implementing the ban.

He said three years before the Srinagar Municipal Corporation (SMC) had sent a resolution to the department to get the approval from the government, banning the use of the polythene. But, he said, till date there was no response from the department.

Mr Saqi said every environmental problem in Kashmir is related to plastic and polythene. Even this has badly affected the famous Dal Lake and other bodies.

UNI




HC sets deadline for shifting steel market from Parrys
http://steelguru.com/news/index/2009/05/18/OTQ3NTY=/HC_sets_deadline_for_shifting_steel_market_from_Parrys.html
Monday, 18 May 2009
TOI reported that cracking the whip on civic authorities for the delay in shifting of the iron and steel market from the residential areas of George Town to Sathangadu, the Madras high court on last Friday directed the agencies involved to complete the project by June 15th or face contempt of court proceedings.

Mr PK Misra a division bench comprising Justice and Justice Mr Hariparanthaman said the market gave sleepless nights to residents of George Town area and that the court had to take an activist approach to issue several directions which it would not do in normal conditions.

The bench was passing orders on public interest writ petitions filed by Mr KR Ramaswamy and Mr C Vadivelu seeking to implement the February 23rd 1999 order of the Housing and Urban Development Department to shift the market to Sathangadu.

When the matter was taken up for disposal, the additional law secretary, who was present in the court, wanted six more months to issue final notifications pertaining to infrastructural facilities such as roads, electrical works, administrative and amenity buildings, auto workshops, lorry parking, telephone exchange, police station, petrol bunk, water supply, storm water drains, sewerage connections, public convenience and weigh bridge. The petitioners, however, opposed the plea, stating that no further extension of deadline need to be granted to complete these technicalities.

Rejecting the officials' plea for extension of deadline, the bench observed that "This court was pained to note that the order dated July 18th 2008 was observed more in breach as the process of shifting the wholesale trade in iron and steel to Sathangadu was to be completed at least before March 31st 2009. It was not complied with. However, the matter was adjourned giving a last chance to officials to furnish a status report relating to further action"

The judges said that the case clearly indicated the lackadaisical attitude of the authorities in implementing the 1999 GO, adding that unfortunately, things moved at a snail's pace forcing this court to issue several directions from time to time for the personal appearance of officials concerned for filing of the status report.

(Sourced from TOI)




HC stays order of disclosing answersheet to CA students
http://www.hindu.com/thehindu/holnus/002200905181879.htm
New Delhi (PTI) The Delhi High Court on Monday stayed its order directing Institute of Chartered Accountants of India (ICAI) to provide certified copy of answersheet to its students under the Right to Information Act.
A Division Bench of Chief Justice A P Shah and Justice N K Kaul stayed the operation of the order passed by a single judge bench on April 30.
Senior Advocate Soli Sorabjee, appearing for the Institute, contended that students have no right to seek disclosure of their answer sheet and it does not come under the purview of the RTI Act.
The single bench had directed the Institute to provide a copy of the answersheet to its students under the RTI Act saying it could not be excluded from the purview of the Right to Information Act and examination authority cannot deny answersheet to students.
Observing that the Act confers positive power to a citizen which should not be hindered by authorities, the court dismissed the plea of the Institute of Chartered Accountants of India challenging the CIC's order to provide a certified copy of the answer sheet to a student who could not clear the exam.




MP HC to observe vacation from May 18
http://www.indlawnews.com/newsdisplay.aspx?6529fbb4-519b-46fa-8719-677050272b12
5/17/2009

The Madhya Pradesh High Court will observe a month-long summer vacation from May 18.

According to Registry source, Chief Justice Anang Kumar Patnaik has consented to cut down the summer vacation by seven days.

The summer vacation at the principal seat of the High Court in Jabalpur and its benches at Gwalior and Indore would be observed from May 18 to June 13.

The High Court Registry will function during the summer vacation and will accept cases of urgent nature for filing.

Special vacation benches will sit on Monday and Thursday to hear urgent matters and matters of public importance, the Registry source said.

The High court will again open and will start normal functioning from June 15.

UNI



SC upholds Delhi HC judgement on school bus tragedy
http://www.indlawnews.com/Newsdisplay.aspx?354fcfa9-572e-466c-b418-d6ce53cf7358
5/16/2009

The Supreme Court has upheld the Delhi High Court judgment enhancing the compensation to be given to families of 29 children, who were drowned in Yamuna river on the fateful morning of November 18, 1997, when their school bus fell into the river after jumping the railings of the bridge near Wazirabad.

The tribunal had awarded a compensation of Rs 1.55 lakh each for the children in the age group of 10 to 15 years, Rs 1.65 lakh each for the age group of 15 to 18 years while for the children below 10 years of age, a compensation of Rs 1.05 lakh was awarded.

The High Court, however, awarded an additional compensation of Rs 75,000 each for the families of the victim of the tragedy.

A bench comprising Justices S B Sinha and M K Sharma refused to interfere with the judgment of the High Court holding that it des not suffer from any legal infirmities.

The tragedy had allegedly taken place due to the criminal negligence of the driver of the school bus, who was driving the bus at a very high speed while crossing the Wazirabad bridge and lost control as a result of which the bus jumped the railings of the bridge and fell into the river.

UNI




HC slams MCD for delaying probe against councillor
http://www.indianexpress.com/news/HC-slams-MCD-for-delaying-probe-against-councillor/461377
Express News Service Posted: Monday , May 18, 2009 at 0015 hrs IST
New Delhi:
The Delhi High Court has slammed the Municipal Corporation of Delhi for not cooperating with the Economic Offences Wing (EOW), which is investigating a case against a municipal councillor.
In a recent order, Justice Kailash Gambhir asked the MCD to explain the over six-month delay in providing vital documents sought by the Deputy Commissioner of Police (EOW).
“It is quite a shocking state of affairs that for the last more than six months the department concerned of the MCD has not been able to supply the requisite documents to enable the EOW to proceed with the inquiry,” Justice Kailash Gambhir said.
The High Court has now directed the Director of the MCD’s Vigilance Branch to appear before it in person. “The Deputy Commissioner (Shahdara-South Zone) shall also remain present on May 25,” the court ordered.
Justice Gambhir passed the order in connection with the anti-forgery section of the EOW’s inquiry, following a complaint by Harish Beniwal, a safai karmachari, against Praveen Massy, councillor from Trilokpuri, on recruitment to the MCD.



Projects must pass green test: HC
http://timesofindia.indiatimes.com/Delhi/Projects-must-pass-green-test-HC/articleshow/4543752.cms
18 May 2009, 0625 hrs IST, Vishal Sharma, TNN
CHANDIGARH: Distressed by the shocking findings of enquiry reports on illegal mining in ecologically fragile lower Shivalik hill areas falling in districts of Yamunanagar, Ambala and Panchkula, the Punjab and Haryana High Court has directed the state government to lay out an environmental impact assessment blueprint before pushing ahead with its "commercial enthusiasm" over mining in the region.

Asserting that Haryana is a public trustee of natural resources and legally bound to protect the same from private encroachments and "commercial enthusiasm", the HC has banned all non-forest activity, including the mining of major and minor minerals, in the lower Shivalik ranges duly notified as "forests" by the state government under sections 3, 4 and 5 of the Punjab Land Preservation Act (PLPA). In their 26-page order on May 15, chief justice Tirath Singh Thakur and justice Surya Kant advised the government to think beyond "commercial gains" and clarified that the Central notification of September 14, 2006, requiring "prior environmental clearance" for mining was not restricted to new projects alone but covered even those afoot.

The court's observation annihilated the argument put forth by Chandi Mandir Stone Crushers Consumers Company, one of the petitioners, that the 2006 notification was applicable only in cases where new mining activity was to be undertaken and that projects already underway were out of its ambit.

Pointing out that even the existing mining activity in lower Shivaliks "cannot continue without environmental clearance", the bench set a February 28, 2010, deadline for miners and government to get their act together. Next year onwards, Central clearance would be mandatory even for existing mining projects.

Brushing aside the state government's argument that the onus for getting environmental clearance for to-be auctioned mining sites lay on mining contractors, the judges drafted do's and don'ts for it, listing preparation of environmental impact assessment report and appraisal of mining projects by environmental panel among others in it.

The bench also called the government's bluff of granting short-term permits by dividing the mining area into small zones so as to side-step environmental norms, saying even those could not be granted without due clearance. Under Central norms, environmental clearance is mandatory in cases where mining area is 50 hectares or more.

Incidentally, the green order on Shivalik mining has come days before Chief Justice of India K G Balakrishnan reached in Chandigarh to attend a seminar on `Law and Environment' being organized by Asia Pacific Jurist Association whose patron-in-chief and president are CJ Tirath Singh Thakur and Justice Surya Kant respectively.





CJI for justice to poor
http://www.telegraphindia.com/1090518/jsp/jharkhand/story_10983394.jsp
CHANDRAJIT MUKHERJEE
Ranchi, May 17: Chief Justice of India K.G. Balakrishnan said that 80 per cent of criminal cases in Jharkhand were lodged against the poor.
Justice Balakrishnan, while laying the foundation stone for the state judicial academy at Dhurwa today, said: “The rich people know how to defend themselves, but it is the underprivileged ones who are trapped and languish in custody.”
He added that the judiciary had to be more sensitised and should come forward to help the poor by imparting quick and proper justice.
Among those who are in custody, the majority are those who are involved in petty criminal cases and are rotting there. The prosecution as well as the judiciary ought to be trained and equipped to handle and dispose such cases within a short span of time, Justice Balakrishnan said.
Citing various odds against which the judiciary is functioning, he added: “The number of cases pending in the subordinate judiciary is 87 per cent as per the national data. There is an acute shortage of judges and infrastructure, which have crippled the pace of disposal of cases. Training of judges is imperative for delivery of justice. The judicial academy as a centre of learning is ideal for thought provoking and learning for the judges and new entrants in the judicial services.”
“The judicial academy should, other than teaching laws, should also strive towards sensitising trainees to deal with situations in courts. Reaction of a judge towards a woman, juvenile, HIV patient should all be under the scanner in the academy. Moreover, a judge has to be trained to rise above his personal prejudices when it comes to delivering justice,” he added.
A host of Supreme Court judges, including Justices S.B. Sinha, Mukundkam Sharma, V.S. Shirpurkar, Markandey Katju, Altamas Kabir and other dignitaries were present.
Former Supreme Court and high court judges of Guwahati, Kerala, Patna and Rajasthan were also present for the function along with Chief Justice Gyan Sudha Misra and Justice M.Y. Eqbal of the Jharkhand HIgh Court.
Supreme Court judge Mukundkam Sharma said that the importance of a training centre was essential to maintain the stock of judicial officers.
The proposed judicial academy will be built over six acres near Dhurwa dam side, about 7km from the high court.
The academy will have class rooms, libraries, hostels and a guesthouse for trainees. The judicial academy, at present, functions in an annexe building of the Administrative Training Institute.