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Friday, July 31, 2009

LEGAL NEWS 31.07.2009

Complaints against violation of MRTP Act
________________________________________http://pib.nic.in/release/release.asp?relid=51220
14:10 IST
Lok Sabha

Government has said that during the last three years two complaints for violation of Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 have been lodged in the MRTP Commission. The complainants in both the cases belong to Andhra Pradesh. One complaint is against the Hindustan Coca Cola Beverages Pvt. Ltd, Hyderabad and the other is against Hindustan Coca Cola Beverages Pvt. Ltd., New Delhi. Alleged violation of provisions of the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 is dealt with under the said Act through proceedings before the MRTP Commission.

This information was given today by Shri Salman Khurshid, Minister for Corporate Affairs, in the Lok Sabha in a written reply.
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KKP/ska




Kankaria entry fee challenged in HC
http://www.dnaindia.com/india/report_kankaria-entry-fee-challenged-in-hc_1278638
DNA Correspondent
Friday, July 31, 2009 9:04 IST
Ahmedabad: The entry fee to the Kankaria lakefront premises, which earlier faced protests from members of the opposition party in the municipal corporation, the Congress, as well as citizens of Ahmedabad, has been challenged in the Gujarat high court by way of public interest litigation (PIL).
On Thursday, the petition came up for hearing before a division bench comprising Chief Justice of the Gujarat high court, KS Radhakrishnan, and Justice Akil Kureshi. The bench issued an oral order to the lawyer of the Ahmedabad Municipal Corporation (AMC) with instructions for the civic body to come with instructions regarding issues raised in the PIL, on August 10.
Lawyer Shalin Mehta appeared before the bench on behalf of concerned citizens and sought permission to appear in court in favour of the PIL.
The petitioner, Kirti Bhatt, who earlier resided near the Kankaria lake, filed the PIL through counsel Parseus Banaji after he did not receive a satisfactory answer from the AMC in response to his legal notice. Bhatt has raised questions on the legality of covering the road outside the lake and levying of the entry fee.
"The road forming the periphery around the Kankaria lake was a public road used by the common men of the city and nearby villages. This road was suddenly usurped and permanently closed to all members of the public, including all vehicular traffic, without any notice to all members of the public or permission from the state government as specified under the provisions in section 203 of the Bombay Provincial Municipal Act, and sought to be included in the park," Bhatt alleged in the petition.
"Even the 500-year-old Naginawadi, situated in the middle of the lake, has been public place since years."
Bhatt further said that AMC has sought to use the road, the lake and its periphery as way to make money without any thought to the poor and downtrodden 'slumdogs' who can ill afford to enter the area without thinking twice.
"For an average family of four, entry to the lake costs Rs40, not taking in account entry to the zoo, Bal Vatika, train ride etc. The alternate road is separated from the lakefront, so the public cannot view the Kankaria lake, by placing huge doors," he said in his petition.
In January, Bhatt wrote to the AMC urging the withdrawal of the entry fee and asked it under which authority or law it was charging the same. In reply, the AMC said, "Pollution as well as throwing of dirt and dust in the Kankaria lake creates a problem for survival of fish [in the lake]. Therefore, for the safety of the fish, entry for the general public was required to be restricted."
Bhatt wrote two more letters, protesting against the entry fees, the separate charges for the other facilities and the assimilation of the public road with the park. However, the AMC stuck to its opinion given in the earlier reply.




Sach Ka Samna: Now face the truth!
http://www.duniyalive.com/?p=50043
Posted on July 31st, 2009
ew Delhi: The Delhi High Court has refused to release the order to stop airing of the controversial reality TV show ‘Sach ka Saamna’ on the plead that no one should have any problem if people are telling the truth in open should be hailed in more than one ways.
The decision is a body blow to the so-called moral policing elements who day in and day out speak about moral policing and act against everything that has any connection with the western world, be it friendship day celebration, valentines day, or anything they think is obscene.
They will on their own decide what is good for our culture.
On the other hand, the High Court order is a stern warning to those who file public interest litigation just on the drop of a hat, as if there are no major issues concerning the people in the country. This is a classic case of misuse of PIL.
Are these people blind, as they are not seeing far more serious problems in the country? Let them file PILs on black money, misuse of official powers, implementation of government schemes, etc.
Saying that moral policing is not its function, a division bench headed by Delhi High Court Chief Justice A P Shah suggested the petitioners to approach the central government over it.
“It is for the government to decide whether the programme should be banned or not. It is not the function of the court… There are far more serious problems in this country which we have to settle,” the bench said.
Two petitioners, Deepak Maini and Prabhat Kumar, had approached the court seeking a stay on the show being telecast on Star Plus channel alleging that the programme was against the values of the Indian society.
Rejecting it, the court said, “Our culture is not so fragile that it would be affected by one TV programme.” The court has rightly said so. I fail to understand how it can be against the values of the Indian society when someone chooses to tell the truth.
If anybody act against the values, what is wrong in accepting it in public. After all, we all stand by our Father of the Nation Mahatama Gandhi who had no qualms in admitting everything in public.
After all, there is no compulsion to view the programme or to participate in it. If you do not want to tell the truth don’t go and participate. If you do not want to watch it, simply switch the TV off.
For those who want to watch it, let them do it. It is their fundamental right




Court asks civic officers to pay for illegal hoardings
http://www.indianexpress.com/news/Court-asks-civic-officers-to-pay-for-illegal-hoardings/496273/
Express News Service Posted: Friday , Jul 31, 2009 at 0153 hrs Mumbai:
The Bombay High Court on Thursday imposed a cost of Rs 5,000 each on Thane Municipal Commissioner Nandkumar Jantre and three other officers for their inaction and non-compliance with court orders pertaining to illegal hoardings in Thane.
The court has directed them to pay the amount from their pockets and cautioned that the amount would be increased 10 folds if such a situation arises again.
The court gave the corporation two weeks to take action against illegal hoardings. No hoardings should be allowed on roads and pavements, the court said.
Prabhakar Chaudhary, a local resident, had filed a PIL complaining about illegal hoardings. The photographs attached to the petition showed that in many cases pavements were blocked due to pillars supporting the hoardings. The court noted that some of the hoardings were actually on the road.
“Do they know anything? They don’t know the sites, whether banners are authorised or not,” Chief Justice Swatanter Kumar remarked about the municipal officers present in court.
The court also observed that the corporation has failed to perform its statutory duties.
The court said that the Municipal Commissioner has not filed an affidavit or a reply even after court orders and even after observing that it was an urgent matter.




Challenged under PIL, HC closes case for order
http://www.centralchronicle.com/viewnews.asp?articleID=11133
Posted On Thursday, July 30, 2009
By Our Staff Reporter
Bhopal, July 30:
Madhya Pradesh High Court the other day reserved its verdict on a Public Interest Litigation petition challenging the state decision to dissolve the Bharat Bhavan, Managing Board, the world top and famous cultural and art centre at Bhopal.
A division bench comprising Justice Deepak Mishra and Justice Ram Kishore Gupta, while hearing the petition of Daya Prakash Sinha, challenging the state notification, dissolving there by the Managing Board of Trustees of the Bharat Rang Bhavan, Bhopal, an independent institution, by state legislative, reserved its verdict after hearing the contentions of the government.
The petitioner submitted that the state government has reconstituted the Managing Board by a notification issued by the government, as per the constitution approved by a legislation passed by the state assembly in 1985, and the Board is functional for its term, but the state government dissolved the Chairman, Pandit Jasraj, headed Managing Board without any reason.
The petitioner prayed to the court to quash the state notification dissolving the Governing Body and Board Trustees of Bharat Bhavan as the art and cultural activities were stand still and the state exchequer is wasted, due to such vague action.




Residents up the ante against elevated Metro
http://www.dnaindia.com/mumbai/report_residents-up-the-ante-against-elevated-metro_1278604
Linah Baliga / DNA
Friday, July 31, 2009 2:52 IST
Mumbai: Linking Road residents are not in a mood to soften their stand on the protection of 500 structures which will be affected due to the construction of an elevated Metro. The line will proceed from Juhu towards Santa Cruz Linking Road and end at Bandra junction near Amarsons.
Residents and shopkeepers have contributed to file a PIL against Mumbai Metropolitan Regional Development Authority (MMRDA), as they say their properties -- both residential and commercial -- will be affected if MMRDA goes ahead with the original plan.
MMRDA on Wednesday awarded the contract of constructing the second line of metro to Anil Ambani's Reliance Infrastructure for the 32-km route from Charkop to Mankhurd via Bandra.
"MMRDA is adamant and principal secretary TC Benjamin is not taking into account the 2,000 families who will be affected. Seventy-three residential buildings will be affected for metro stations, corridors and staircases. The cost of the PIL is almost Rs2 lakh and the residents and shopkeepers are contributing as we know it's worth fighting for," said Aftab Siddique, spokesperson, Linking Road Residents' Forum.
"It's injustice to the 2,000 families in Bandra, Khar, Santa cruz who will be affected, if they use vibro hammer to drill. Feasibility of the project is also not explained by MMRDA till date," said Siddique in her SMS to chief minister Ashok Chavan and chief secretary Johny Joseph.
"We will wait for a week, meet MMRDA officials again and decide on the next course of action. But we are not giving up," said Sherley Singh, member, Juhu Metro Rail Forum.




Cop moves High Court against re-appointment of Roy as DGP
http://www.expressindia.com/latest-news/cop-moves-high-court-against-reappointment-of-roy-as-dgp/496262/
Express News Service
Posted: Jul 31, 2009 at 0144 hrs IST
Mumbai A police inspector has moved the Bombay High Court seeking that the state government be restrained from re-appointing former state DGP A N Roy to the post.
Police Inspector Sarjerao Mahadev Shinde, attached to the Local Arms division of Marol Police, has filed a public interest litigation (PIL) before the high court seeking that a new DGP be appointed after S S Virk’s term ends on July 31. He has also urged that the state government be restrained from re-appointing Roy to the post as he was in charge when 26/11 terror attacks took place.
The state government, meanwhile, told the court that DGP Virk’s term has been extended by three months. The court then sought all original records pertaining to the extension. The state submitted that the records will be produced on Friday.
Division Bench of Chief Justice Swatanter Kumar and Justice A M Khanwilkar wanted to know if Shinde had taken his department’s permission before filing the petition. Shinde, however, stated that he is filing the PIL as an ordinary citizen.
The state government pleader also took objection to Shinde filing the petition as he was a government servant.




Civic bodies warned on tiles around trees
http://timesofindia.indiatimes.com/NEWS/City/Delhi/Civic-bodies-warned-on-tiles-around-trees/articleshow/4839291.cms
TNN 31 July 2009, 04:03am IST
NEW DELHI: As tiling and concretising of the immediate area around tree roots goes unchecked in the city, the environment department has written to heads of various civic agencies, asking them to take action against this practice.

In 2000, the urban development ministry had issued several guidelines for greening of urban areas, that included avoiding excessive tiling of pavements, using of porous tiles and leaving a minimum area of 6 feet by 6 feet around trees uncemented. When the guidelines were not followed, NGO Kalpvriksha filed a PIL in the high court which passed an order to the effect in 2007.

"Earlier, some civic agencies followed orders and NDMC even took corrective measures. However, we have noticed several violations of late and have written to agencies to ensure implementation of the guidelines,'' said an official.

Tiling and cementing around tree roots is detrimental for the health of trees, say experts, as it completely chokes the roots. "Tar becomes extremely hot in summer. Imagine the impact of that heat on the roots. Road widening and relaying projects never seem to take trees into consideration,'' said an official from the environment department.

Ravi Agarwal, director, Toxics Link, added that there was no need for concretising and many stretches of trees were left natural and `untiled'. "Concretising prevents aeration and percolation of water to the roots. The space to be left around a tree should be in proportion to its crown so that the roots get ample breathing space. Tiling too close will just kill off the trees,'' he said.

The UD ministry guidelines also proposed using porous tiles where tiling was necessary and that tiling was only to be carried out on pavements with heavy pedestrian traffic. The guidelines said: "An area of 6 feet by 6 feet should be left uncemented. Widening of roads upto the trunk of trees is to be avoided as roots come under the asphalted roads and will gradually die. In case of storm(s), these trees can topple down.''

"Most trees that fall are either on roadsides or next to walls. The UD guidelines are being flouted. As far as possible, concretising has to be avoided completely,'' said Ajay Mahajan, member, Kalpvriksha.




Student’s death: HC asks parents to move court against police
http://www.indianexpress.com/news/Student-s-death--HC-asks-parents-to-move-court-against-police/496335/
Posted: Friday , Jul 31, 2009 at 0316 hrs
The Calcutta High Court on Thursday directed the parents of Iftekam Chaudhury, who died after allegedly being hit by her school teacher in November 2008, to file a petition against the police in the criminal court.
Iftekam, a student of Bidyabharati School at Ekbalpur, was admitted to a private hospital on November 27, 2008 with a head injury. She had been allegedly punished by her teacher Anita Das as she did not perform well in physical education. Das had banged Iftekam’s head against the wall. She died in the hospital the next day.
Najnin, her mother, had filed a petition in Calcutta High Court in February 2009 alleging that the police did not conduct the probe properly and tried to protect the school and the teacher. The police had filed a chargesheet which was not correct, she said in her petition.
On Thursday Justice Sanjib Banerjee directed the parents to move the criminal court against the police. The High Court also said that criminal proceedings would be initiated by September 15, 2009.




Abhaya case: HC raps CBI probe
http://www.indianexpress.com/news/Abhaya-case--HC-raps-CBI-probe/496383
Shaju Philip Posted: Friday , Jul 31, 2009 at 0508 hrs Thiruvananthapuram:
The Kerala High Court on Thursday expressed its displeasure over the manner in which the CBI probed the Sister Abhaya murder case and asked the investigating agency to submit a copy of the chargesheet on August 10. The CBI had furnished the chargesheet in the Chief Judicial Magistrate Court (CJMC) in Kochi on July 17, even as the narcoanalysis of three accused were pending.
Justice K Hema pulled up the CBI for its failure to stick to the directions of her Bench, which had granted bail to the accused priests and the nun. “The probe lacked transparency. The investigating officer should be keen to find out the truth,” the court said.
While giving bail to Thomas Kottor, Jose Puthrukkayil and Sister Sephy in January, the court had said the original CDs of the narcoanalysis tests of the accused should be retrieved as the ones submitted in the court were edited and tampered with. However, the CBI last week submitted a report in the CJMC saying the CDs had not been tampered with as earlier suspected.
Citing the CBI report, Abhaya’s father Thomas moved a contempt petition in the HC, which had earlier asked the CBI to find the original CDs. While hearing the petition, CBI counsel A V S Namboothiri informed the HC on Thursday that the chargesheet was submitted in the CJMC even as the probe was continuing. The court subsequently asked the agency why it had hurriedly submitted the chargesheet when narco tests of three others were yet to be conducted.




HC sets aside ADJ's order
http://timesofindia.indiatimes.com/NEWS/City/Allahabad/HC-sets-aside-ADJs-order/articleshow/4839300.cms
TNN 31 July 2009, 05:01am IST
ALLAHABAD: The Allahabad High Court has allowed an appeal filed against the judgment passed by ADJ, Bijnor, convicting one Naj-e-Alam under Section 364 IPC.

The bench comprising Justice Poonam Srivastava and Justice SC Agrawal set aside the order of ADJ passed on April 3, 2006 and acquitted the appellant from the charges under Section 364 IPC, read with Section 3(2) (5) SC/ST Act. The court ordered forthwith, the release of the appellant, who was in jail. He is a resident of Najibabad in Bijnor.

An FIR was lodged on February 7, 2005 against appellant with Najibabad police. The allegation in the FIR against him was that he had kidnapped a girl, daughter of one Suresh, resident of the same area.

The court allowed the appeal and set aside the judgment of ADJ, by saying that neither the FIR nor statement of witnesses establish the ingredients of Section 364 of IPC. The court said that there was not even whisper in the entire record that victim was kidnapped with intention to murder and no motive was attributed to murder. Mukhtar Alam argued the case on behalf of appellant.




Schizophrenic moves HC to get job back
http://timesofindia.indiatimes.com/NEWS/City/Mumbai/Schizophrenic-moves-HC-to-get-job-back/articleshow/4839583.cms
Shibu Thomas , TNN 31 July 2009, 01:01am IST
MUMBAI: A Goregaon youth who suffers from schizophrenia has moved the Bombay high court in the hope of getting back his job with the Shipping Corporation of India (SCI). Edward DCunha claims he was forced to resign in 2000. A division bench of Justices Ranjana Desai and Amjad Sayed asked SCI orally on Thursday whether it could reconsider its decision and accommodate D'Cunha.

D'Cunha had joined SCI as a trainee nautical officer in 1993. D'Cunha experienced his first episode of schizophrenia while serving on a ship in 1997. He underwent treatment thereafter and rejoined SCI. This pattern repeated itself until D'Cunha says he was forced to resign in 2000. Two years later, in 2002, D'Cunha approached the state's disability commissioner with a plea that SCI should take him back considering it had not complied with the provisions of the Persons with Disabilities Act. Four years later, the disability commissioner dismissed D'Cunha's plea.

D'Cunha's lawyer Pradeep Havnur says the law was not followed. Under the PWD Act, mental illness is treated as a disability. "The Act has a specific provision that bars discrimination against a person employed with the government who acquires a disability during service,'' said Havnur. The provision says that no establishment can sack or demote an employee who acquires a disability during service. In case the employee is found to be not suitable for the post he is holding, the authorities have to shift him to another post with the same pay scale and service benefits. If the authorities are unable to adjust the employee against any post, the Act says he should be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation.

The disability commissioner, according to the petition, had rejected his application on the ground that he had voluntarily resigned. Advocate Havnur, however, contended that D'Cunha was incapable of taking a decision at that time. D'Cunha, in his petition, said he is undergoing treatment for the mental disability and urged the court to ask SCI to re-employ him as a second officer on offshore supply vessel or any suitable office job which he is fit enough to undertake.



HC seeks info on CIC appointment
http://timesofindia.indiatimes.com/NEWS/City/Patna/HC-seeks-info-on-CIC-appointment/articleshow/4839183.cms
TNN 31 July 2009, 03:55am IST
PATNA: The Patna High Court on Thursday directed the state government to give details of the steps taken for filling up the post of chief information commissioner of the State Information Commission.

A division bench comprising acting Chief Justice Shivakirti Singh and Justice Anjana Prakash issued the directive again even as the state government maintained that the former Patna HC CJ, Justice J N Bhat, had been appointed the chief information commissioner in 2008 but had not joined yet.

The order was passed on a PIL of Guddu Baba alias Vikas Chandra who said the post of chief information officer has remained vacant for about a year due to which the functioning of the State Information Commission has been hit.

A single bench presided by Justice A K Tripathi directed the state government and Bihar Industrial Area Development Authority (BIADA) to file counter affidavit to a writ petition of a Kolkata-based firm, Scope Industries, alleging that the BIADA had taken back the 25 acres of plot situated in Pataliputra Industrial Area-Patna, which was allotted to it two years back for developing a multiplex.
A division bench comprising acting Chief Justice Shivakirti Singh and Justice Anjana Prakash on Thursday directed the Banka district magistrate to inquire into the allegation made in a PIL that the construction of a bridge in the district was inordinately delayed for want of funds.




Chuda's battle royale reaches HC
http://timesofindia.indiatimes.com/NEWS/City/Ahmedabad/Chudas-battle-royale-reaches-HC/articleshow/4839452.cms
TNN 31 July 2009, 03:23am IST
AHMEDABAD: The queen claims that her son has usurped her property a luxurious palace and a farm besides jewellery and other precious articles. The prince, on the other hand, maintains that the palace and farm were bought from the mother.

The issue remains unresolved, and the descendants of erstwhile princely state of Chuda in Surendranagar have reached the Gujarat High Court.

The property and inheritance dispute had already begun when former ruler of Chuda Dharmendrasinh Jhala was alive. Out of his four sons, Puransinh had instituted a civil suit demanding 1/6th of the property. However, since these rulers had entered into Covenant of Agreement with the Government of India, the property was of their private and individual ownership and it could not be treated as ancestral property. The court refused the prince his share.

Just before Dharmendrasinh died in 1999, he declared his wife Bhartidevi the owner of the entire property. Bhartidevi later distributed various articles and properties, including jewellery, gold, silver, furniture, paintings and licenced weapons, among her four sons Krishnakumarsinh, Puransinh, Falgunsinh and Suketusinh.

Since Bhartidevi had cordial relationship with Krishna and his wife Jayakumari, she used to live with them. But in August 2008, Bhartidevi's relationship with her eldest son became sour and she went to live with her other sons. After this, she filed a suit against Krishna and his wife claiming that the palace, farm and precious articles, which she had entrusted with them, are not being returned. She has also accused them of not returning her stridhan'.

Bhartidevi even lodged a criminal complaint against her son and daughter-in-law accusing them of committing an offence of breach of trust. The Surendranagar police began inquiry into the case. This forced Krishna and Jayakumari to approach the high court to get their mother's complaint quashed.

Seeking a stay on the investigation, the petitioners through their advocate Tejas Barot argued that the Ratan Bhuvan Palace and Gokharwala farm were actually bought from Bhartidevi and a sale deed was registered in October 2006 in the name of her grandson Adityasinh.

The couple has contended that after purchasing the property from the mother, they have spent a huge amount on renovation. Moreover, the petitioners also denied other charges levelled by Bhartidevi. They have said that Bhartidevi is trying to harass them at the behest of other three sons.

After hearing the case, Justice HN Devani on Thursday issued notices to the state government and Bhartidevi asking them to respond by August 27, when further hearing is scheduled. The police have been asked to stay investigation till then.




HC upholds land acquisition for Kathipara flyover
http://timesofindia.indiatimes.com/NEWS/City/Chennai/HC-upholds-land-acquisition-for-Kathipara-flyover/articleshow/4839571.cms
TNN 31 July 2009, 02:48am IST
CHENNAI: A National Highway Authority of India (NHAI) move, acquiring two buildings at St Thomas Mount for the multi-crore grade separator project at Kathipara Junction, has been upheld by the Madras high court.

Dismissing the writ petitions filed by owner of the buildings, Justice K Suguna said the lands had been acquired in public interest and that there was no infirmity in the orders of the NHAI.

The petitioner, T Vasantha, who owned JRS Complex and JR Complex near the project area in Kathipara, challenged the acquisition proceedings on the ground that the NHAI had not communicated its remarks on her objections to the move. Since the February 4, 2008 order of the NHAI was culmination of an "empty formality," the orders of acquisition should be quashed, the petitioner claimed.

Additional advocate-general P Wilson, representing the NHAI, submitted that Section 3-C(2) of the National Highway Act did not contemplate that remarks of the NHAI have to be forwarded to the land owner. The Kathipara grade separator was planned to ease the traffic congestion, and without these two lands the project could not be implemented, he submitted.

Concurring with his submissions, Justice Suguna referred to an apex court ruling which said the country had launched upon ambitious programme of all-round economic advancement to make the economy competitive in the world extent. "Whatever be practice in the past, a time has come where the courts should keep the larger public interest in mind while exercising their power of granting stay/injunction," the Supreme Court had ruled.

Citing the ruling, Justice Suguna said the interests of justice and the public interest coalesce.



PIL on fate of fishermen detained in Pak, HC summons MEA official
http://www.indianexpress.com/news/pil-on-fate-of-fishermen-detained-in-pak-hc-summons-mea-official/496310/0
Express News Service Posted: Friday , Jul 31, 2009 at 0247 hrs Rajkot:
The Gujarat High Court has summoned Deputy Secretary from the Union Foreign Ministry in response to a public interest litigation filed by the National Fishing Forum demanding early release of Indian fishermen from Pakistani jails and compensation for the families of the fishermen who have died during the jail term.
Chief Justice K S Radhakrishnan on Wednesday ordered the Deputy Secretary to either remain present or file an affidavit on August 17. It has been more than a year since the PIL has been filed. A representative from the Foreign Ministry of the Government of India has never remained present during any hearing.
According to Manish Lodhari, Secretary, National Fishing Forum (NFF), the High Court, responding to the PIL, had last year also asked the ministry to issue a notice in this regard.
According to Lodhari, currently 550 Indian fishermen are in various jails of Pakistan. In the PIL, NFF has stated that the ministry has not done enough to get these fishermen released. NFF has also demanded compensation for the families of the fishermen who have died in Pakistan during the jail term.
“Pakistan does release fishermen occasionally; usually once or twice in a year. But the efforts of the Indian Government are not enough and the majority of the fishermen usually serve around a two-year jail term for crossing the International Maritime Border Line,” said Lodhari.
He further said, “Fishermen should be freed soon after their arrest. However, the Indian Government has done little to ensure that fishermen do not get to serve two to three , which has actually become a norm.”
The NFF has also been demanding compensation for the families of those Indian fishermen who die in Pakistani jails. Currently, the Indian Government provides compensation of Rs 50 per day to the families of the fishermen who are arrested by Pakistan after they cross the international line. Lodhari, however, said that so far the government has not done much for those who died in Pakistani jails.




NCW seeks case details from govt
http://www.expressbuzz.com/edition/story.aspx?Title=NCW+seeks+case+details+from+govt&artid=2lHWIHIsnxw=&SectionID=b7ziAYMenjw=&MainSectionID=b7ziAYMenjw=&SectionName=pWehHe7IsSU=&SEO=

K P Sai Kiran
First Published : 31 Jul 2009 11:57:00 PM IST
Last Updated : 31 Jul 2009 01:37:32 AM IST

NEW DELHI: The National Commission for Women (NCW) has written to the Government of Kerala seeking details of the Sr Abhaya murder case, following media reports that a virginity test was conducted on Sr Sephy, the third accused in the case.
“The Commission on Wednesday took suo-moto cognizance of the matter. The Commission will take further action against those involved, including the CBI, once the government furnishes the details of the case,” National Commission for Women member secretary S Chatterjee told Express.
“The commission has asked for the details of the case, based on media reports. We have sent the letter on Wednesday and are awaiting the report from the State Government,” he said.
“There is an allegation that a virginity test was conducted on Sr Sephy and that the language used in the CBI chargesheet was vulgar.
If true, this is a serious matter and amounts to impingement on the dignity of a woman”, the letter addressed to the State Chief Secretary stated.
The Kochi unit of the CBI on July 17 had filed a chargesheet in the Chief Judicial Magistrate Court, Ernakulam, against the first three accused in the case - Fr Thomas M Koottor, Fr Jose Puthrukkayil and Sr Sephy.
In the chargesheet, the CBI acknowledged that the probe was conducted using scientific methods, including polygraph test, brain mapping test, brain finger printing test and narco analysis, which pointed the needle of suspicion to the three accused.
The CBI chargesheet also stated that the two male accused were in the habit of making nocturnal visits to the convent hostel where Sr Abhaya was staying and were present there, along with the third accused, on the fateful night.
It was to substantiate this version that the agency had ‘examined’ the accused nun’s claim of virginity. According to the chargesheet, Sephy was examined at the T D Medical College, Alappuzha, to find out whether she had ‘vaginal sexual intercourse’.
“There was no necessity for a nun, who is a virgin, to undergo hymenoplasty/surgical interference.
The only reason for such corrective surgery is to conceal evidence of the rapture of hymen due to frequent vaginal sexual intercourse”, the chargesheet said, making conclusions about the virginity of the accused.





NCW seeks report on Bidisha school incident
http://advocatekamalkumarpandey.wordpress.com/
STAFF WRITER 16:45 HRS IST
New Delhi, July 30(PTI) The National Commission for Women (NCW) today strongly objected to the stripping incident involving girl students in a school in Bidisha in Madhya Pradesh.

"We are seeking a report from the state government as well as the education department on the incident," said NCW chairperson Girija Vyas.

According to reports, a school teacher allegedly stripped several tribal girl students for taking measurements for school uniform.

MP government provides school uniform to girls free of cost. The teacher allegedly took this as a pretext to "misbehave" with the young girls studying in class III, IV and V in a Bidisha school.

"This is not done and it cannot be tolerated. Whether they are small children or not we must protect the dignity of our girl students," Vyas said.



CIC slaps Rs 10,000 fine on NCW
http://www.igovernment.in/site/CIC-slaps-Rs-10000-fine-on-NCW/
The National Commission for Women (NCW) failed to provide information on the 2006 Nithari killings under Right to Information Act (RTI)

Published on 7/29/2009 5:52:30 PM


New Delhi: Rapping the National Commission for Women (NCW) for failing to provide information under the Right to Information Act (RTI) on the 2006 Nithari killings, the Central Information Commission (CIC) has asked the women's rights panel to pay Rs 10,000 to the appellant for the delay.

Commodore (retired) Lokesh K Batra had filed an application under the RTI in December 2007 about NCW members and money spent on their tours during February 2005 to Decemebr 2006 — between the phase when the first Nithari killing took place to the period when the gruesome killings surfaced.

Chief Information Commissioner Wajahat Habibullah in a ruling on Tuesday found that details were not furnished to Batra as the Commission had not maintained any records, reports IANS.

"In the present circumstances, because of the incapacity of the public authority to maintain what must be regarded as basic information, like records of tours of members of the NCW at public expense and public distribution, are basic information not only required to be maintained but in fact to be maintained in a manner and the form which facilitates the right to information under this Act," Habibullah observed.

The CIC has asked the Commission to review its record in consultation with the National Informatics Centre (NIC).

"All required basic information regarding the structure of the NCW together with details of all complaints received and acted upon, with details of action taken will be compiled and uploaded on the NCW website within 45 working days," he said.

The CIC has also asked the NCW to pay Rs.10,000 as compensation to Batra within 15 days for the pain suffered by him because of inadequacy of record keeping by the Commission.

"There is a complete lack of functional system at the NCW and they failed to furnish basic details in the past 18 months. In an order passed in August 2008, the CIC had rapped the NCW for not maintaining their files and records properly," Batra said.

The Commission had then asked the Women and Child Development (WCD) Ministry to improve the NCW's functioning by instituting "a regular administrative structure" for it, in accordance with the RTI Act, 2005, to maintain records. The Ministry had been given 30 days to accomplish this and inform the CIC.

"To know how the order was complied with, I filed an RTI application June 12 with the WCD Ministry to ascertain the compliance details of CIC order, and found it had not taken any action for nearly ten months," Batra said.




Murder In Plain Sighthttp://www.tehelka.com/story_main42.asp?filename=Ne080809murder_in.asp

In Manipur, death comes easy. In this damning sequence of photos, a local photographer captures the death of a young man, killed in a false encounter by the police in broad daylight, 500 metres from the state assembly. How can a State justify such a war against its own people, asks TERESA REHMAN
IF ANY picture can speak a thousand words, these photos — available exclusively to TEHELKA — could fill volumes. They capture a shootout that happened in the heart of Imphal, Manipur’s capital, barely 500 metres from the state assembly, on July 23. They show the moments before, during and after the ‘encounter killing’ of a 27-year-old Indian citizen – a young man called Chongkham Sanjit, shot dead by a heavily-armed detachment from Manipur’s Rapid Action Police Force, commonly known as the Manipur Police Commandos (MPC).
There is a grotesque and brutal history to the bullets that killed this young man. For years, decades even, security forces in Manipur have faced allegations of human rights violations and extrajudicial murders committed under cover of the draconian Armed Forces Special Powers Act (AFSPA). In 2000, Irom Sharmila, stirred by the gunning down of 10 civilians, including an 18-year-old National Child Bravery Award winner, by the Assam Rifles, started a hunger fast — that lasts to this day — in protest against the AFSPA. In July 2004, the nation was rocked by the protests of a group of Manipuri women who marched to an Assam Rifles base in Imphal, stripped naked and raised a searing banner: “Indian Army Rape Us”. They were protesting the rape, torture and murder, a fortnight earlier, of Thangjam Manorama, 32, who was picked up from her home at night by the Assam Rifles.
Manipur rose up in protest that day, and in August 2004, the Centre relented, withdrawing the AFSPA from Imphal’s municipal zone. ‘Post-Manorama,’ as history is marked in Manipur, the army has taken a backseat, withdrawing outside the municipality. However, life in Manipur is still lived on the tightrope. In a seemingly new counter-insurgency strategy, the MPC has unleashed a reign of terror in the state.
PAST INCIDENTS
NOVEMBER, 2008:
SALAM AJIT SINGH
Singh, 30, was allegedly killed by the Imphal West Police Commandos and 39 Assam Rifles on November 7, 2008. Singh ran a taxi service. In January 2009 his family filed a petition with the National Human Rights Commission (NHRC)
DECEMBER, 2008:
MD TASLIUMUDDIN
Tasliumuddin, 20, a daily wage labourer, was allegedly killed in an ‘encounter’ by the Imphal West Police Commandos and 32 Assam Rifles on December 30, 2008. The NHRC has registered a case
DECEMBER 2008:
OKRAM RANJIT SINGH
Singh, 27, a brick mason was allegedly killed in an ‘encounter’ by the Imphal West Police Commandos and 12 Maratha Light Infantry on December 22, 2008 in Imphal West district. The family has filed a petition with the NHRC
JANUARY 2009:
LAISHRAM DIPSON
Dipson, 28, was allegedly killed by the Imphal West Police Commandos and 39 Assam Rifles on January 12, 2009 at Laingam Khul. The lorry driver’s family has filed a police complaint
JANUARY 2009:
NINGTHOUJAM ANAND
The 30-year-old auto rickshaw driver was allegedly killed by the Imphal West Police Commandos and 16 Assam Rifles on January 21, 2009. A complaint has been filed with the NHRC
The organisation known as the Manipur Police Commandos (MPC) was first set up in 1979 as the Quick Striking Force (QSF). Former Inspector General of Police, Thangjam Karunamaya Singh told TEHELKA, “They were trained for special operations. But the men had strict instructions. They were told to fire only when fired upon and pay special attention to the needs of women, children and the elderly. If they arrested somebody on suspicion, they had to take responsibility for their security,” stated Singh.
The MPC does not fall under the AFSPA but has now become notorious across the state. It operates only in the four districts of Manipur – Imphal East, Imphal West, Thoubal and Bishnupur. The MPC is housed in isolated commando barracks and has minimal contact with the general population, though its personnel are all locals.
Extra-judicial killings, and, in particular, fake encounters by the MPC have become common in Manipur. In 2008, there were 27 recorded cases of torture and killing attributed to the MPC. Where once they conducted ‘encounters’ in isolated places, they now do not think twice before operating in cities, in broad daylight, as they did on July 23. In several incidents, innocent civilians carrying money and valuables have been robbed and sometimes killed. In some cases official action has been taken against commandos for misconduct. For instance, in July 2009, five police commandos who had reportedly robbed three youths were suspended. But for the most part, their extra-judicial activity goes scot free.
According to the official version of Sanjit’s encounter death at 10:30am on July 23, a team of MPC personnel was conducting frisking operations in Imphal’s Khwairamband Keithel market. They saw a suspicious youth coming from the direction of the Uripok locality. When asked to stop, the version goes, the youth suddenly pulled out a gun and ran away, firing at the public in a bid to evade the police.
The official record states that the youth was finally cornered inside Maimu Pharmacy near Gambhir Singh Shopping Arcade. He was asked to surrender. Instead, he fired at the police. The police retaliated and the youth was killed. The account states that a 9mm Mauser pistol was “recovered”. The youth was identified from his driver’s license as Chongkham Sanjit, son of Chongkham Khelson of Kongpal Sajor Leikai, Manipur.
Usually, such official versions of encounters are difficult to disprove though everyone may know them to be false. But in an almost unprecedented coincidence, in Sanjit’s case, a local photographer rushed to the scene and managed to shoot a minute-by-minute account of the alleged ‘encounter’. The photographs (shown in preceding pages) clearly reveal that, contrary to the official version, Sanjit was, in fact, standing calmly as the police commandos frisked him and spoke to him. He was escorted inside the storeroom of the pharmacy. He was shot point blank inside and his dead body was brought out. The photographer, fearing for his safety, does not dare publish these pictures in Manipur.
The photographs clearly reveal that contrary to the official version, Sanjit was standing calmly as the MPC commandos frisked him
Eyewitness accounts partly corroborate the police version — except their account is obviously about a young man other than Sanjit. These witnesses state that a youth did escape from a police frisking party about a hundred metres away from where Sanjit was killed. The police chased this youth and opened fire, killing an innocent bystander, Rabina Devi — who was pregnant at the time — and injuring five other civilians. Afterwards, the police showed the media a 9mm Mauser pistol which they alleged was thrown away by the militant before he fled. After about half an hour, the police claimed to have killed the youth who escaped from their hands “in an encounter”; according to them, this youth was Sanjit. The photographs clearly indicate otherwise.
The police claim Sanjit was a member of the People’s Liberation Army (PLA), a proscribed insurgent outfit. Chief Minster Okram Ibobi Singh also made a controversial statement in the assembly that day, asserting that there was no other alternative but to kill insurgents.
Sanjit was indeed a former PLA cadre. He was arrested in 2000 but freed. In 2006, he retired from the outfit on health grounds. In 2007, though, he was detained again under the NSA and was only released a year later. Since then, he had been staying with his family at his home at Khurai Kongpal Sajor Leikai and had been working as an attendant in a private hospital.
But even if Sanjit was a former militant, he should not have have been killed in a false encounter. The photos show him talking to his killers, calmly, without offering any resistance. He was frisked moments before the shootout. He was not an insurgent on the run. In fact, Sanjit had to make periodic appearances before the Court, a requirement that the Court later lifted. “Legally speaking, Sanjit was a free man,” says M Rakesh, a lawyer at the Gauhati High Court’s Imphal Bench. There are also significant inconsistencies in the police versions of the recovery of the weapon. First, they said it was flung away by the fleeing militant. Then they said it was recovered from Sanjit after the encounter. As the photos show, Sanjit was ushered into the pharmacy, not chased in. Also, if Sanjit was, in fact, armed with the 9mm Mauser, why wasn’t it found during the frisking? Why, as the photos show, was he taken inside the storeroom?
First the police said the pistol was flung away by the fleeing militant. Then they said it was recovered from Sanjit after the encounter
The law says if a death is caused by state forces in an encounter which cannot be justified by Section 46 of the Criminal Procedure Code, the officer causing the death would be guilty of culpable homicide. In this case, only a rigorous investigation can establish what exactly transpired. Instead of instituting a judicial enquiry, however, the state government is setting up a departmental enquiry, which is unlikely to yield any justice to the victims’ families. Sanjit’s family claims he had broken his earlier links with the militants and was leading a normal life. They say he had gone out that day to buy medicines for his uncle, who is undergoing treatment at Imphal’s JN Hospital. Says Sanjit’s mother, Inaotombi Devi, “Life is very cheap in Manipur.”
Manipur is routinely roiled by such devastating narratives. Ex-MLA 78-yearold Sarat Singh Loitongbam’s son Satish Singh was killed by the armed forces. Though a devout Hindu, he refuses to perform his son’s last rites until his name is cleared of wrongdoing. Like Satish, there is Ningombam Gopal Singh, a 39- year-old Grade-IV employee at the Imphal Bench of the Gauhati High Court, a man who was chatting over tea with women at a hotel when he was dragged off by men in plainclothes, to be shot dead in an ‘encounter’. There is 24-year-old Elangbam Johnson Singh, a student and part-time salesman, picked up by the MPC while out with a friend and killed in an encounter, his corpse at the morgue bearing signs of torture. Stories like these are a grotesque lattice in Manipur. “Life in Manipur,” as one observer puts it, “is like a lottery. You are alive because you are lucky.”
WRITER’S EMAIL
teresa@tehelka.com


From Tehelka Magazine, Vol 6, Issue 31, Dated August 08, 2009

Thursday, July 30, 2009

LEGAL NEWS 30.07.2009

SC green signal for C'Wealth Games village construction
http://www.ptinews.com/news/203716_SC-green-signal-for-C-Wealth-Games-village-construction
STAFF WRITER 19:4 HRS IST
New Delhi, Jul 30 (PTI)

Clearing the uncertainity over the conduct of the Commonwealth Games-2010, the Supreme Court today gave its green signal to the government to go ahead with construction of the Games village contending that it did not pose any environmental hazard.

A three-judge bench of Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan set aside a Delhi High Court direction for appointment of an expert committee to review the constructions as the same was being constructed on the Yamuna riverbed as alleged by certain environmentalists in a PIL.

"The observation and conclusion of the High Court that the site in question is on a "riverbed" cannot be sustained.



HC dismisses PIL seeking regulation in 'dahi handi'
http://www.ptinews.com/news/202865_HC-dismisses-PIL-seeking-regulation-in--dahi-handi-
STAFF WRITER 14:52 HRS IST
Mumbai, July 30 (PTI) The Bombay High Court today dismissed a PIL seeking regulation of children participating in 'dahi handi' festivities.

The Court said that formation of human pyramid which is a feature of 'dahi handi' in Maharashtra is "a regular sport and minors cannot be prohibited from participating in them."

However, the Court said that the government may consider petitioners suggestion for making 'dahi-handi' safer and may frame guidelines.

A city-based NGO, Support India Foundation, had filed a PIL in Bombay High Court seeking a ban on participation of minors in 'dahi handis', a popular way of celebrating Janmashtami in Maharashtra.

The Foundation used RTI and found that children are getting injured while participating in the traditional 'dahi handi' celebrations where they climb on a human pyramid, which is some time as tall as a five-storeyed building, Geeta Singh, Director of the Foundation had told PTI.




Hooch tragedy: High Court seeks report on amendments in prohibition law
http://www.indianexpress.com/news/Hooch-tragedy--High-Court-seeks-report-on-amendments-in-prohibition-law/495797
Express News Service Posted: Thursday , Jul 30, 2009 at 0145 hrs Ahmedabad
Hearing on the public interest litigation (PIL) filed by a women’s group, AWAG, in connection with the recent hooch tragedy in Ahmedabad and the prohibition law was adjourned today for the next two weeks
The adjournment came after the government counsel sought time to annex the recent amendment in the prohibition law passed by the Gujarat Legislative Assembly. The court has now asked the state government to file the reply along with the amendment in the form of an affidavit and submit it before the court in two weeks.
In the petition, AWAG Secretary Ila Pathak had asked for stringent implementation of the Prohibition Law in the state. Apart from the PIL, HC has also taken suo moto cognisance of a few complaint letters it received in connection with the recent hooch tragedy and prohibition law.
The Division Bench comprising Chief Justice K S Radhakrishnan and Justice Akil Kureshi had, subsequently, issued notice to the state government to explain it on how the prohibition policy is being implemented in the state.
Pathak’s counsel Amee Yajnik said, “The Additional Advocate General had sought time to annex the recent amendment made in the prohibition law. So, the court has asked the government to do the same and submit the report in the form of an affidavit by two weeks.”



PIL against Kankaria entry fee to be heard today
http://timesofindia.indiatimes.com/NEWS/City/Ahmedabad/PIL-against-Kankaria-entry-fee-to-be-heard-today/articleshow/4835652.cms
TNN 30 July 2009, 05:48am IST
AHMEDABAD: Nearly seven months after Ahmedabad Municipal Corporation (AMC) authorities started charging Rs 10 entry fee from visitors of Kankaria lake, a public interest litigation (PIL) has been filed in the Gujarat High Court against the decision.

The PIL was filed by Kirti Bhatt through advocate Perseus Banaji, who refused to divulge more regarding his litigation stating that the petition was yet to come up for hearing. However, he said that entry fee to visit the 500-year-old lake is one of the issues included in the plea.

A division bench, comprising Chief Justice KS Radhakrishnan and Justice Akil Kureshi, is scheduled to take up the PIL for hearing on Thursday morning.

Ever since the AMC decided to impose fee on Kankaria visitors last December, the decision has met with opposition from various groups, including Congress, the opposition party in the civic body. After the surrounding of the lake was renovated under the Rs 36-crore Kankaria Lake Front Development Project (KLFD), many demonstrations were held to protest imposition of the entry fee. However, Bhatt's petition is the first to challenge the decision in a court of law.

The lake witnessed 4,457 visitors the day the entry fee was introduced. Since then, AMC has been collecting a good amount from the visitors as fees. AMC's decision to introduce an imported toy train has also proved a hit. Buoyed by this, the civic body is now planning to introduce a tethered helium balloon ride at the lake. Moreover, the Kankaria lake is also to get a modern-day architectural landmark an 80 feet-tall moving steel tower, which will twist, change shape and colour with the help of powered sophisticated robotic motors and a software.



Is begging a crime? Court wants government's reply

http://sify.com/news/fullstory.php?a=jh3v4tfddab&title=Is_begging_a_crime_Court_wants_government_s_reply
2009-07-29 21:30:00
The Delhi High Court Wednesday sought a reply from the central and city governments on a plea seeking to decriminalise begging in the capital.
A division bench of Chief Justice Ajit Prakash Shah and Justice Manmohan sought the response from the ministries of law and justice, social welfare and the Delhi government, and slated the next hearing for Sep 16.
The court issued a notice to the attorney general to assist the court on the public interest petition challenging the constitutional validity of the Bombay Prevention of Begging Act.
The PIL was filed by noted social activist Harsh Mander who has argued that poverty can never be a crime.
'If a person is destitute and begs for living, such a person cannot be treated as a criminal. He cannot be arrested or sentenced,' the petitioner said while referring to the plight of a destitute who was jailed and sentenced for begging










Drunk driving: Now, cars may be forfeited
http://timesofindia.indiatimes.com/NEWS/City/Delhi/Drunk-driving-Now-cars-may-be-forfeited/articleshow/4835066.cms
TNN 29 July 2009, 11:44pm IST
NEW DELHI: The next time you are caught behind the wheel in 'high spirits', you might get your vehicle forfeited by police. That's not all. More such stringent rules are in the offing for regular offenders of drunk driving with the Delhi High court directing the Delhi government to consider implementing the suggestions given by the amicus curiae to curb the growing number of accidents due to drunk driving.

With an aim to have more stringent punishment for those who risk their lives and that of others by driving under the influence of alcohol, a Division Bench of Chief Justice A P Shah and Justice Manmohan granted two weeks' time to Delhi government for consideration of the matter and sought a status report by September 2.

The Bench agreed with the suggestion of the amicus that the licence of the repeated offender be revoked and the vehicle forfeited. The court also agreed with the suggestions of a strict vigil at the bars, uniform checks by police and special drive during the festival season.

"Check points for breath-test should be placed at locations that are impossible to avoid. Regular checks at vulnerable places like bars and pubs would help. Refusal to take the breath-test should automatically result in cancellation of licence," the amicus further suggested.

Though the court agreed to most of the suggestions given by the amicus curie, it rejected certain other suggestions which did not fit the feasibility bill. The court refused to accept the suggestion that managers of the restaurant/bar should provide substitute drivers to its guests who come to the bar.

Court also rejected the suggestion that guests can leave their keys with the restaurant drivers and then ensure that the guest is allowed to drive only when he is in a proper state to drive.

The Bench was hearing the suggestions referred by a single judge, after treating them as PIL. The judge had asked the counsel to give suggestions while hearing a motor accident claim matter.



‘Make BTC area a green zone’
URA, Karnad And 5 Others File PIL
http://bangalorebuzz.blogspot.com/2009/07/make-btc-area-green-zone.html
TIMES NEWS NETWORK

Bangalore: Even as the tussle between Bangalore Turf Club (BTC) and the government over shifting of the race course continues, seven citizens have moved the high court, seeking directions to maintain the place as a green zone.
Jnanpith awardees U R Ananthamurthy and Girish Karnad, environmentalist Suresh Heblikar, litterateur K Marulasiddappa, theatre personality G K Govinda Rao, painter S G Vasudev and journalist Ammu Joseph have filed a PIL seeking to restrain the authorities from entering into a contract or lease for a building on the said premises.
“In Bangalore, air and sound pollution levels are high. The city needs green cover and the BTC area should be converted into a lung space. The 70-odd acres should be declared a green zone and necessary rules should be framed to safeguard Bangalore from environmental degradation,” the petition states.
The petition is likely to come up for hearing this weekend.
SHIFTING CONTOURS
The 73.35-acre land on Race Course Road where the Bangalore Turf Club is situated at present is considered an important lung space in the heart of the city. The BTC had requested the state to extend the lease but the state was not inclined. They then sought for alternative land to shift the race course. The government considered this and a site measuring 152.02 acres in Jaala hobli was identified.
The government had sought modification of the August 22, 1995 interim order of the court which asked the authorities not to make any grant of lands pertaining to tank bed areas.
On July 13, the high court had given the government liberty to take appropriate action in the matter of shifting the race course from the heart of the city. A division Bench headed by chief justice P D Dinakaran told the authorities to act ‘strictly in accordance with law’ while dealing with the matter.
posted by The Bangalorean @ 7/30/2009 09:38:00 AM



State to move SC over Hogenakkal
http://timesofindia.indiatimes.com/articleshow/4835398.cms
TNN 30 July 2009, 03:34am IST
BANGALORE: The Karnataka government has decided to move the Supreme Court over the Hogenakkal drinking water project.

"We will appeal before the Supreme Court to ask the Tamil Nadu government to stop the proposed project at Hogenakkal falls,'' water resources minister Basavaraj Bommai said on Wednesday.

The government has taken note of Tamil Nadu supplying drinking water to Dharmapuri and Krishnagiri districts by constructing a reservoir near Chamarajanagar district. If necessary, Karnataka will ask the Centre to intervene, he said.




SHRC raid in vain
http://timesofindia.indiatimes.com/articleshow/4835403.cms
TNN 30 July 2009, 03:33am IST
BANGALORE: State Human Rights Commission (SHRC) officials raided Amruthahalli police station on Wednesday afternoon after receiving information about a person being illegally detained there.
The officials suspected a man was detained there over recovery of gold in a burglary case. However, they did not find any illegal detention.



HC puts off GHMC poll
http://timesofindia.indiatimes.com/articleshow/4835969.cms
TNN 30 July 2009, 02:38am IST
HYDERABAD: The AP High Court on Wednesday stayed the ongoing process for the GHMC polls and told officials that the polls cannot be held until the objections of various sections of the society who knocked the court’s door for redressal of their grievances in this regard are heard.

The final hearing in the case is slated to begin in Aug. third week and polls will depend on the timing and the outcome of the verdict. The slew of petitions that came before the division bench comprising Chief Justice Anil Ramesh Dave and Justice Ramesh Ranganathan raised several objections, including the collection of data pertaining to Backward Classes, reservation of wards to them, extension of political reservations to Muslims under the BC quota, quota for the creamy layer, disproportionate division of wards and delimitation issues.

The Bench observed that reservations provided to Muslims in education and employment by the AP government cannot be extended to the ‘political spectrum’ in the form of reserving certain seats to Muslims in GHMC elections. Quoting the Supreme Court, the Bench said that it has become mandatory to exclude creamy layer from BC groups. Polls cannot be held on the basis of illegal determination of BC voters, the Bench said.

“As GHMC elections are long overdue, it is necessary that this batch of writ petitions is finally heard at the earliest. As pleadings are yet to be completed in some of the writ petitions which form part of this batch, let all these writ petitions be listed for final hearing in the third week of August 2009,” the Bench said.

“We make it clear that the order now passed by us will not preclude the authorities from identifying and excluding the creamy layer among the BCs, providing group-wise reservation in favour of the BCs and, thereafter, conducting elections to the GHMC in accordance with law. We also make it clear that our observations on the several issues raised in this batch of writ petitions are only for the limited purpose of deciding the interlocutory applications and shall have no bearing on the final adjudication of the writ petitions,” the Bench said.

The court however upheld the process of identification of BC voters on the basis of executive guidelines and rejected the contention of the petitioners that the BCs can be identified only by the BC commission. The GHMC had hurried in its preparation for the polls as it wanted it to be held before Ganesh Chaturthi and Ramzan. “The idea was to hold it around August 21, but now we are not sure as to when they can be held,” said one GHMC official.

As per the directive of the state election commission that everything has to be in place by July 15, the GHMC had readied the division-wise electoral rolls, identified the wards reserved for BCs, enumerated the BC voters as well as identified the quota for SCs and STs by the stipulated deadline. However, going by the court’s verdict, there appears to have been many flaws in these.




Common University law to focus on VC quality
http://timesofindia.indiatimes.com/articleshow/4835579.cms
TNN 30 July 2009, 04:27am IST
CHENNAI: The issue of appointing persons with credible credentials to the post of vice-chancellor would be addressed in the proposed common legislation for universities in Tamil Nadu, higher education minister K Ponmudy said on Wednesday.

A high-level committee comprising eminent academics M Anandakrishnan and VC Kulandaisamy and three other members would examine these provisions in the draft Common Universities Bill, he said at a press conference here.

Ponmudy's assurance on the issue came just days after Union human resources development minister Kapil Sibal wanted states to show, as part of a vision document, as to how they proposed to improve the quality of vice-chancellors.

However, Ponmudy sought to overlook the controversy over the appointment of kith and kin of ministers and politicians as vice-chancellors in Tamil Nadu over the past year, saying "such a practice has been in vogue" for many years. The minister also acknowledged that eliminating political interference in the appointment of vice-chancellors was impractical.

The state was willing to cooperate with the Centre's initiatives to clean up the higher education system, including reviewing the functioning of deemed universities.

As for some private colleges demanding capitation and excess fee, the minister said, "Even today I received a couple of complaints and forwarded it to the monitoring committee."

Meanwhile, he said that the Anna University (Chennai) would on August 1 confer honorary doctorates on deputy chief minister M K Stalin, Oscar award winning musician AR Rahman and the man behind the country's first moon mission Mylswamy Annadurai for their contributions to the society.




Raja case: HC restores gag order on Tamil mag
http://timesofindia.indiatimes.com/articleshow/4835674.cms
TNN 30 July 2009, 04:08am IST
CHENNAI: The Madras High Court has restored a gag order against a Tamil magazine, Junior Vikatan, restraining the biweekly from publishing any article, news item, photograph or caricatures against Union minister A Raja. It also stayed the imposition of Rs 10,000 as case cost on the minister.

A division bench comprising Justice K Raviraja Pandian and Justice PPS Janarthana Raja, which delivered this interim ruling on Wednesday, passed similar interim orders in two other cases as well. The bench stayed a single judge order imposing Rs 25,000 as cost on industrialist and former BCCI president AC Muthiah, and issued an order of status quo with regard to the publication of Periyar EV Ramasamy's works by the Periyar Dravidar Kazhagam (PDK). Coincidentally, all these appeals arose out of the orders delivered by Justice K Chandru.

The present gag order was first passed by a single judge in April this year, when Junior Vikatan was carrying reports about the controversy relating to spectrum allocation by the Union ministry of information technology and telecommunications.

On July 20, Justice K Chandru vacated the prior restraint against the biweekly on the ground that there was no law empowering the state or its officials to prohibit or impose a prior restraint upon the press. He had said that "any attempt to stifle or fetter criticisms will amount to political censorship and the Supreme Court has held such attempts as insidious and objectionable." The court had also imposed a cost of Rs 10,000 on Raja.

Granting interim orders against the single judge order on publications as well as the case cost, the division bench posted the matter after four weeks for further proceedings.

In his appeal, Raja and his wife MA Parameswari argued that the single judge had misdirected himself when he held that all the impugned news reports were not related to their private life. Noting that right to freedom of expression is not absolute, they said blanket approval of the right is too dangerous and will amount to violation of human rights.

"No citizen has the right to make a defamatory statement and the impugned judgment sends a clear message that there is a right to defame recklessly, commit forgery and fudging of family photograph when the respondent is part of the press," said the appeal.

Raja said the magazine defamed him, intruded into the privacy of his family, and revealed the identity of his minor daughter, which amounted to violation of human rights.



HC stays order against ex-BCCI chief Muthiah
http://timesofindia.indiatimes.com/articleshow/4835577.cms
TNN 30 July 2009, 12:21am IST
CHENNAI: A single judge order imposing a case cost of Rs 25,000 on former Board of Control for Cricket in India president AC Muthiah, who had questioned the propriety of BCCI secretary N Srinivasan owning the Chennai franchisee of the Board, has been stayed by a division bench.

The bench comprising justice K Ravijara Pandian and justice PPS Janarthana Raja granted the interim relief to the industrialist after senior advocate Nalini Chidambaram submitted that Muthiah moved the court only to "uphold the probity in the activities of the BCCI...and to establish that the power of amendment has been abused by a public body to protect the interest of an individual."

Muthiah had alleged that as BCCI treasurer, Srinivasan flouted rules when he bade for the Chennai team of the Board's Indian Premier League (IPL). The board later amended rules excluding Srinivasan from the ambit of the rules and to enable him to contest for BCCI secretary post, he said. On July 13, Justice K Chandru declined to interfere with BCCI's affairs, dismissed the application and imposed a cost of Rs 25,000 on Muthiah.

Assailing that order, Muthiah said the court could not refuse to exercise the power of judicial review, and adopt a self-imposed policy of judicial restraint in the matter of management of public bodies.

Noting that amendment to Clause 6.2.4 was made with the private interest of Srinivasan in mind, he said the move suffered from the vice of malice in law. "The single judge failed to appreciate that confidence of the public will be shaken if persons who use undue influence in public bodies to bend the law to suit their private interest are allowed to hold influential positions in public bodies," he said.

He wanted the bench to set aside the single judge order, and to stay his direction to Muthiah to pay case cost of Rs 25,000.



HC defers engg college counselling
http://timesofindia.indiatimes.com/articleshow/4836109.cms
TNN 30 July 2009, 04:58am IST
CHANDIGARH: Counselling for admission to PEC University and other engineering colleges of Chandigarh that was scheduled for Thursday, has been deferred till further orders by the Punjab and Haryana High Court. HC has also summoned records pertaining to the number of candidates who applied for admission under different categories. The matter would come up for hearing on Friday.

Justice MM Kumar passed these orders while hearing a writ petition filed by two candidates. In their petition, the petitioners had challenged the admission committee’s decision clubbing the UT pool quota and all India quota of seats reserved for the wards of military and paramilitary personnel for admission to engineering colleges.

While replying to the petitioner’s contentions, UT administration on Wednesday submitted that the clubbing of the quota was done erroneously but they cannot change it at present because it has been published in the prospectus. UT also deposed before the HC that they will separate the quota from the next academic year because the prospectus cannot be changed at this juncture.

However, contesting UT’s reply, counsel for the petitioners said that UT has committed a mistake while mentioning such rules in the prospectus and the mistake can be corrected by issuing a corrigendum. Earlier in their petition, Avneet Hira and Arshdeep Sandhu had sought the quashing of the provision in section B relating to admissions in PEC regarding defence quota and to conduct admissions in accordance with a letter issued by Chandigarh administration on July 15.



Trespassing: HC lawyers manhandle DSP
http://timesofindia.indiatimes.com/articleshow/4836067.cms
TNN 30 July 2009, 04:35am IST
CHANDIGARH: High drama was witnessed in the parking area of Punjab and Haryana High Court on Wednesday when some lawyers manhandled a DSP of Haryana police because he had tried to get his vehicle an entry from the wrong side and allegedly abused the lawyers who had objected to it.

The matter was later resolved with the intervention of the executive body of the high court bar and challaning of the DSP’s vehicle for wrong parking by traffic police.

The incident took place in the afternoon when DSP Nathu Singh Rathi, posted in Haryana vigilance department, tried to enter the high court through the exit point. When he was stopped by the HC bar staff, he overpowered them and got his official vehicle to enter the premises through the prohibited passage. When some lawyers objected to this, the DSP allegedly started abusing them. Advocate Punit Bali had a heated argument with the DSP. Bali was joined by other lawyers. The DSP alleged that he was not only abused by the lawyers but they also thrashed him and punctured all the tyres of his vehicle.

Thereafter, the DSP was taken to the office of president of High Court bar room by the lawyers and a police team from Sector-3 Chandigarh was called in.

After arguments between the DSP and the lawyers, a compromise was arrived at between both the parties.

However, during the arguments, the DSP suffered a bout of hypertension and was taken to the dispensary located on the premises of the high court.

The DSP later alleged that he was not only beaten up but also humiliated by the lawyers, but he did not lodge any formal complaint.

Talking on the issue, High Court bar association president Sukhjinder Singh Behl said it was a minor tussle and was amicably sorted out.




Act on parole applications in 6 weeks: HC
http://timesofindia.indiatimes.com/articleshow/4835684.cms
TNN 30 July 2009, 03:42am IST
PANAJI: The high court of Bombay at Goa directed the inspector general of prisons to decide on applications for furlough/parole filed by prisoners in the state within six weeks.

The court passed the order after a case, where authorities took one year to decide on an application, came to light. The HC set the time frame after no time limit was prescribed under the Goa Prison Rules, 2006.

In a step towards prison reforms, Justice N A Britto said, "The IG (prisons) should ensure that all applications of the prisoners for furlough/parole, who are otherwise permanent residents of this state, should be decided within a period of six weeks and in case of others who are residents of outside the state within a period of eight weeks. These are only outer limits within which the applications are to be decided."

The order came in the wake of a petition filed in the court this year by Francis D'Sa, a prisoner in central jail, Aguada. The high court found that his application dated July 9, 2008, was decided only on July 13, 2009, while the petition was pending before the high court.

The court was prompted to issue the directions as in a number of cases the prisoners were compelled to approach the high court because their applications were not decided within a reasonable time frame.



Moradabad court grants bail to Joshi
http://timesofindia.indiatimes.com/articleshow/4836127.cms
TNN 30 July 2009, 05:30am IST
LUCKNOW: A Moradabad court on Wednesday granted bail to Uttar Pradesh Congress Committee (UPCC) president Rita Bahuguna Joshi in connection with the alleged objectionable remarks made against chief minister Mayawati a fortnight ago.

The court accepted Joshi’s application for regular bail and granted the same against two sureties of Rs 20,000 each and a personal bond furnished by Joshi’s lawyers thereafter. Joshi was already on interim bail granted by the court on her application filed along with the application for regular bail on July 18 last.



Man accused of stealing cops' bikes acquitted
http://timesofindia.indiatimes.com/articleshow/4835487.cms
TNN 30 July 2009, 02:47am IST
In a surprise development, a youth charged with stealing three motorbikes belonging to three policemen has been acquitted by the court. Two of the policemen were the complainants in the case.

Javed Sattar (19) of Manora in Washim district and his friends were charged with having stolen three motorcycles from the premises of the Regional Police Training School (RPTS) at Godanki in Old City area on January 24, 2009. Sattar is reported to have abandoned one of the motorcycles since it ran out of fuel just outside the RPTS premises. However, the other two motorcycles were found in Akot town in Akola district some time later.

Sattar had been booked under sections 379, 380 of IPS. The accused was provided defence lawyer K H Giri by the legal aid centre.

The prosecution examined six policemen, including head constable Dilip Vasant Tidke, constables Anil Zunz and Sunday Kshirsagar, whose motorcycles had been stolen. JMFC G K Nandanwar acquitted the accused after hearing the defence lawyer and advocate Gajanan Patil who represented the state.



Session court to hear bail plea in Simi case today
http://timesofindia.indiatimes.com/articleshow/4835482.cms
Suhas Vyas, TNN 30 July 2009, 02:43am IST
would hear the bail plea of five Simi activists, who are currently in jail, on Thursday, informed the defence lawyer Dildar Khan.

The investigating officer had made a volt face on Saturday by requesting the Murtizapur court to release the five accused under section 169 of criminal procedure code 1973 following lack of sufficient evidence against them. However, magistrate YD Gaud refused to release the accused and ordered police to reinvestigate the case.

On Monday evening, the investigating officer again produced the accused before the magistrate stating that their police custody was no more required as the case investigations were over and hence the accused be sent to jail under magisterial custody. As per the law, an accused can immediately apply for bail after being sent to magisterial custody. As expected, the accused immediately applied for bail. But the magistrate rejected the bail application despite the fact that the government pleader had given a no objection to their release on bail.

Following this development, Khan applied for bail in the sessions court on Tuesday which will be heard on Thursday. The police maintained that they had no concrete evidence against the arrested persons. The five accused were rounded up during a Muslim religious meet held at Mana village on July 19.



RTI reveals rly protects erring staff
http://timesofindia.indiatimes.com/articleshow/4835511.cms
Vijay Pinjarkar, TNN 30 July 2009, 03:03am IST
NAGPUR: The question is whether to spend money on litigation after a complaint is lodged or take action against the erring employees? The railway prefers the former as an RTI query pertaining to negligent and inefficient service to passengers.

A query under RTI has revealed that the railway spent Rs 3,570 for fighting a legal battle. It also recovered a fine of Rs 6,200 from the erring contractor towards poor services. However, when it came to taking action against the erring staff, the railway says: "It's not applicable".

The brief history of the case refers to District Consumer Forum, Nagpur ruling in January 2009, ordering the railways to pay one of the passengers A V Prabhune, a resident of railway colony, Ranapratap Nagar, Rs 6,200 for not providing proper linen and poor condition of the AC-III compartment of 2649 Yashwantpur-Nizamuddin Sampark Kranti Express in which he was travelling with his wife to Bangalore on September 2, 2007.

Although Prabhune won the case and got compensation from the railways as per the court order, he was curious to know as to what action the railway took against the erring employees and contractor. Reply to a query under the RTI Act on July 25 has revealed that the railway protects erring employees. This is despite the fact that railway circulars clearly define the role and responsibilities of officials deputed on station and train duties.

Prabhune, who's working to protect rights of consumers, says getting compensation is not the sole issue. "I wanted to know steps taken to avoid recurrence of such incidents, compensation and cost of litigation are paid and action is taken against the erring staff. However, the public information officer (PIO) and additional divisional railway manager (ADRM), South West Railway, Bangalore, gave incomplete and incorrect information," Prabhune told TOI.
When Prabhune appealed to the DRM, he informed that a compensation of Rs 6,200 was recovered from the contractor but no action was taken against the erring employees. He further said that their division has not incurred any cost on litigation. Not satisfied, Prabhune filed another RTI with Central Railway, Nagpur.

Prabhune says information received from PIO, Nagpur, reveals that the Central Railway paid Rs 3,570 to its lawyer against his original bill of Rs 8,190. On action against the erring employees, the reply says not applicable'. "This clearly indicates that instead of taking action against erring employees, top officials protect them," an aggrieved Prabhune said.

Action was not taken against the PIO of South West Railway also for providing incorrect and incomplete information. Prabhune said the cost of fine is ultimately passed on to consumers. "The key question is why consumers should suffer for failures and inefficiency of the railway administration?"

"Many times, railway officials are adamant and force passengers to go into litigation as they don't lose money from their pockets. But it definitely matters to a common man who cannot take on the mighty administration. I had to suffer a lot of physical and mental agony while fighting the legal battle," Prabhune said and demanded to recover money towards litigation from the erring employees.

It is clear that the railway spent Rs 3,570 as litigation cost and recovered a compensation of Rs 6,200 from the contractor. However, even if this is true, it is the duty of the rail officials to monitor contractors' working.





Quota for hiring from Bar to stay
http://timesofindia.indiatimes.com/articleshow/4836041.cms
TNN 30 July 2009, 03:58am IST
NEW DELHI: The quota for recruitment from the Bar to fill vacancies in the higher judicial service (HJS) of the states would remain intact at 25% of the total vacant positions.

But, the Supreme Court has posed a question to the HCs whether it would be prudent to reduce the fast track promotion quota for filling another 25% of the vacant posts in HJS to 10% in the absence of suitable candidates.

A Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan said: “It is noticed that in many of the states, the HCs find it difficult to fill up 25% of the fast-track promotions as sufficient number of candidates are not available and it is pointed out that in the written test most of the candidates fail and the 25% quota remains unfilled thereby creating more vacancies in HJS.”

“We, therefore, request the various HCs to file the details of the promotions given to the HJS since 2006 after the commencement of the new rules in the HJS and also give their suggestion, if any, as to whether 25% of the vacancies is in excessive or whether it should be reduced to a reasonable percentage, say 10. All HCs are requested to file their response within four weeks,” the Bench said.

This makes it clear that the 25% recruitment quota for HJS from the Bar would remain intact while the apex court is mulling reduction in the 25% quota reserved for recruitment through fast-track promotions.




SC rejects RNRL plea for final hearing on Sept 1
http://sify.com/news/fullstory.php?a=jh4paQaaahi&title=SC_rejects_RNRL_plea_for_final_hearing_on_Sept_1

2009-07-30 15:00:00
Last Updated: 2009-07-30 18:46:06

The Supreme Court on Thursday refused to hear Reliance Natural Resources Limited (RNRL) plea for commencing final hearing on gas dispute from September 1.
Mukesh in pursuit of corporate greed: Anil Ambani
A bench headed Chief Justice K G Balakrishnan said it would decide on final hearing date on September 1.
Gas dispute case: RNRL versus Reliance
As the entire Bombay High Court record was before the apex court, the company's counsel Mukul Rohtagi requested that final hearing be taken up on September 1.
Anil seeks probe into RIL's 'huge scandal' in gas investments
Questioning the need for early final hearing, Reliance Industries Limited (RIL) counsel Harish Salve said, "What public interest would this serve?"
Ambani gas war: Plan panel not worried
On Wednesday, the dispute over gas distribution between the Ambani brothers echoed in Parliament with Samajwadi Party (SP) members led by party president Mulayam Singh Yadav, demanding Petroleum Minister Murli Deora's resignation over the Centre's failure to ensure gas supply to the Dadri Power project in Uttar Pradesh.
Oil Ministry stand will erode investor confidence: Anil Ambani
Yadav alleged that the Centre had committed an injustice to Uttar Pradesh by denying gas to the Dadri Power plant and this in turn could cost the national exchequer Rs 30,000 crore.
Court admits petition for early end to Reliance gas dispute
The Anil Ambani owned RNRL has taken up Dadri project.
More India business stories
On Tuesday, Anil Ambani had flayed the Petroleum Ministry for colluding with his elder brother Mukesh's RIL in blocking gas supply for its power projects despite a firm commitment, upheld thrice by the Bombay High Court
Last month, the Bombay High Court had asked Reliance Industries to supply 28 million units of gas to Reliance Natural Resources for 17 years at 2.34 dollars per unit, after assigning 12 million units to the state-run power utility NTPC. (ANI)











Setback for Anil: SC rejects RNRL plea for early final hearing
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=HomePage&id=bfe63d5c-e0c8-428a-84ce-1c516e391934&Headline=Setback+for+Anil+SC+refuses+RNRL+plea+for+early+hearing
Press Trust Of India
New Delhi, July 30, 2009
The Supreme Court today refused to take up a gas dispute between Reliance Industries and RNRL for final hearing on September 1, rejecting the prayer of Anil Group company for expeditious proceedings.
A bench headed Chief Justice K G Balakrishnan said it will decide on the date of final hearing on September 1 when
it will consider various petitions related to the dispute.The RNRL prayer came up for mentioning and the company's
counsel Mukul Rohtagi requested that final hearing be taken up on September 1 as the entire Bombay High Court record was
before the apex court and nothing was left to be filed.
"All parties are here," he said, referring to Mukesh Ambani-led RIL, the government and gas users. RIL counsel Harish Salve, however, questioned the need for early final hearing, saying "what public interest would this serve?"
The court enquired whether the petitioner wanted interim arrangement on the September 1 or the final order, Rohtagi
said that RNRL was not looking for interim arrangement. At this point Salve requested the court that there should
be complete silence from all parties as people are going to the media.
Earlier on Wednesday, in a no holds barred attack, Anil Ambani landed an emotional punch on elder brother,
saying Mukesh no longer saw a role for their mother Kokilaben in resolving their gas dispute and has traded Dhirubhai's
vision for "corporate greed."
Asserting that he had made sincere efforts at every stage to amicably resolve all issues, but without success, Anil told
PTI that "unfortunately, in the pursuit of corporate greed, RIL has even forgotten the vision of the founder chairman
(late Dhirubhai Ambani)!"
Expressing anguish over Mukesh's disregard to elders in the family, he said: "My respected elder brother has already
made it amply clear both within the family and externally that he does not visualise any further role for my respected mother in resolving this (gas supply dispute) or any other matter."
It was Kokilaben who oversaw the division of the Reliance empire in 2005, two years after the differences between the
two brothers became public.




HC drives home point: replacement drivers ‘impractical’
http://www.indianexpress.com/news/hc-drives-home-point-replacement-drivers-impractical/495760/0
Utkarsh Anand Posted: Thursday , Jul 30, 2009 at 0103 hrs New Delhi:
The Delhi High Court on Wednesday termed as “impractical” the recommendation to make it mandatory for all bars and discotheques in the Capital to keep ‘replacement drivers’ — a suggestion that was earlier sent by a single judge Bench to the Delhi Police for consideration.
A Division Bench of Chief Justice A P Shah and Justice Manmohan in fact pulled up the amicus curiae A J Bhambani for giving suggestions that were imprudent and liable to be rejected. After perusing the report containing various suggestions to rein in drunken driving, the court said, “I am also surprised by your references to Wikipedia reports and about what happens in other countries like South Korea. The suggestions have to be good and not fancy,” Justice Shah said.
“The suggestion of replacement drivers is not only impractical but will also give rise to various other issues. We cannot allow this,” said Justice Shah.
Notably, a single judge Bench had in May issued a slew of directives for the Delhi Government and the Delhi Police.
While the police were asked to post personnel outside pubs, bars and restaurants which serve liquor and slap penalties on those driving out drunk, the government was directed to examine if it could be made mandatory for the bars to keep ‘replacement drivers’, as is prevalent in some foreign countries.
The logic advanced by the counsel was that since the establishment profits from the customer, it was their responsibility to ensure safety of the patron and of innocent people on the road
Striking down this suggestion, the Bench further said that another recommendation asking for installation of an ignition interlock device, which would analyse a driver’s breath and disable the ignition if he is found drunk, also defied logic and substance.
Another suggestion held “illogical” by the court included “marking licence plates to indicate that a driver’s licence is suspended or revoked for alcohol offences can also act as a deterrent in the form of a social sanction against offenders.”
“These suggestions simply cannot work,” said the Bench and asked Delhi Police counsel Mukta Gupta about what was being done to check the drunken driving.
“We have been keeping a close vigil in the areas where bars and discotheques are located. It is noteworthy that 3,872 people have been booked for drunken driving till July 15 this year while 1,203 vehicles were impounded and 1,200 driving licenses were punched as punishment,” Gupta informed the court.
The bench, however, was unhappy over the mild punishments prescribed for drunken driving under the laws and said, “A monetary penalty will not do alone. It has to be backed up by something more stringent like suspending or cancelling a licence. It is disappointing that while other countries have severe punishments for drunken driving, we lack a stern legislation.”
The court then asked the Delhi government to consider suggestions like suspension and revocation of licenses, uniform checks and creating awareness, to curb the growing number of drunken driving accidents. The next date of hearing has been fixed for September 2.




ADM Manhandling: Accused MLA moves HC against FIR
http://timesofindia.indiatimes.com/NEWS/City/Allahabad/ADM-Manhandling-Accused-MLA-moves-HC-against-FIR/articleshow/4834884.cms
TNN 29 July 2009, 10:41pm IST
ALLAHABAD: SP MLA from Varanasi and a corporator of Nagar Nigam, Varanasi filed a writ petition in the Allahabad HC on Wednesday in connection with an FIR lodged against him for manhandling a senior PCS officer, ADM (Protocol) posted in Varanasi.

MLA Abdul Samad Ansari and a corporator of VNN Manoj Rai have filed a writ petition in the HC, challenging the validity of FIR lodged against them with police station- Cantt- Varanasi. The FIR has been lodged against the MLA and corporator under Sections 323, 504, 506, 332, 353 and 7 Criminal Law Amendment.

The allegation in the FIR was that the MLA and the corporator along with their 10 to 15 supporters approached the office of the ADM (Protocol), Varanasi, Rajendra Kumar Singh, on July 27, for issuance of a solvency certificate but after some time, they manhandled the ADM on some issue and tore his clothes.

The alleged accused SP MLA and corporator have alleged in the writ petition that they had not manhandled the ADM but had been falsely implicated in this case due to political rivalry. The case would be heard by a two judge bench of the HC.

Wednesday, July 29, 2009

LEGAL NEWS 28-29.07.2009

HC issues notices to Haryana Home secy, police chief on PIL
http://www.indopia.in/India-usa-uk-news/latest-news/635624/National/1/20/1

Published: July 29,2009


Chandigarh , July 28 The Punjab and Haryana High Court today issued notices to the Haryana Home Secretary and police chief on a PIL filed by an organisation which sought direction to the state government for taking action against caste-based Khaap panchayats.
The petition filed by Lawyers For Human Rights International submitted that Khap Panchayats were functioning like parallel courts in Haryana pronouncing punishment on individuals and families considered to be violating its code, especially governing marriages.
It sought directions to the state government to declare the decisions of the Khap Panchayats as illegal and initiate action against them.
Referring to the recent death of a man Vedpal, who was lynched in Jind district when he had gone to take his wife from her parent&aposs home, the petitioner prayed the probe into the incident be entrusted to a special investigation team headed by a senior IPS officer under the supervision of the court and the victim&aposs family be given compensation.
The court sought the response of the officials by September 22.

Source: PTI




Contempt petition against state for forcing quota
http://timesofindia.indiatimes.com/NEWS/City/Lucknow/Contempt-petition-against-state-for-forcing-quota/articleshow/4831931.cms
TNN 29 July 2009, 06:03am IST
LUCKNOW: The high court asked the UPTU registrar and secretary, education department, to file their response on a contempt petition moved with allegation that despite stay order the state government was forcing the petitioner that is private engineering colleges to implement 50% reservation for SC/ST and OBC in admission. Justice Sanjai Mishra fixed August 4 for next hearing of the case.

Ram Swaroop and Ram Murthi Engineering Colleges moved the petition stating that division bench of the court had restrained the government from implementing 50% quota in their respect but still the government was forcing them to do so.

Bail to arson accused rejected: Bail pleas of two accused, involved in torching the house of UP Congress president, Rita Bahuguna Joshi on July 15, have been rejected here on Tuesday. SC/ST judge, Satish Chandra Singh rejected the application of accused Zamir Khan, while judge Anil Kumar turned down the plea of Inder alias Pappu.

The two were arrested along with three others on the allegation of involvement in the case lodged by complainant, B R Saroj with Hussainganj police. The accused pleaded in their bail application that they were innocent and have been falsely implicated. They are not BSP workers and just to save three culprits they have been challaned in the case. It was also said that there was no evidence against them and their names figured in the case on the statement of co-accused, which is not admissible.

Maintenance of city parks: The high court has restrained the Lucknow Development Authority (LDA) from transferring 25 parks of the city to non-governmental agencies for their upkeep and maintenance. The court fixed August 3 for next hearing of the matter and directed the LDA to apprise it, in the meanwhile, of rules and regulation under which the parks are being handed over to private agencies.

The orders were passed by a division bench of Justice Pradeep Kant and Justice R R Awasthi on a PIL filed by a local lawyer, Pankaj Srivastava. It was said in the PIL that on June 26, LDA decided to transfer 25 parks, including Begam Hazrat Mahal Park, Buddha Park, Neembu Park and Nehru Bal Vatika to NGOs. There are no rules or regulations under which LDA is transferring these parks, said the petitioner and added that LDA had handed over these parks to NGOs earlier also but they were left in a very pitiable condition. Therefore, transfer of these parks to NGOs is not in public interest, said the petitioner.



Govt trying to shield dummy writers scam accused: PIL
http://www.dnaindia.com/india/report_govt-trying-to-shield-dummy-writers-scam-accused-pil_1278090
DNA Correspondent
Wednesday, July 29, 2009 8:26 IST
Ahmedabad: The state government has sought to file reply to a public interest litigation (PIL) filed in connection with the dummy writers scam. The petitioner, Manish Doshi, executive council member of the Gujarat University, has accused the government of not taking actions against the alleged prime perpetrators of the scam by sitting on the report given by the inquiry committee. The case will come up for hearing next on August 10.
The PIL seeks strict action against the people responsible for the dummy writers scam. Doshi, through his counsel, DP Kinariwala, submitted in the court that, an inquiry committee formed by the Gujarat State Higher Secondary Board, has recommended actions against trustees of HB Kapadia high school and Swastik Shishuvihar high school and Sant Kabir school besides the then GSHSEB secretary, HN Chavda.
However, the government has not acted according to the report and is shielded the main accused by issuing petty punishments to the other accused in the case, it alleged.
The scam, unearthed during the HSC examination in 2008, caught Kamal Patel and Harsh Kotak, two students who belong to well-known families, using dummy writers faking hand fracture.




Govt pulled up over Abhishek episode
http://timesofindia.indiatimes.com/NEWS/City/Bangalore/TNN5-korttimGovt-pulled-up-over-Abhishek-episode/articleshow/4831731.cms
TNN 29 July 2009, 02:38am IST
BANGALORE: The high court on Tuesday asked the chief secretary to issue guidelines with respect to the representation to be filed by an NGO to prevent tragedies like the Abhishek episode. The six-year-old boy was washed away in a drain during a heavy downpour and his body was never found.

"We express our deep anguish about this tragedy. We've all the sympathy. But there is no use in finding fault with anybody. We all have to coordinate so that such things are not repeated. The chief secretary should give appropriate directions to PWD authorities, the DC and all local authorities so that such an incident is not repeated in any part of the state," the division Bench headed by chief justice observed while asking the petitioner NGO to file necessary representation to the government in this regard.

Citizen Action Group in its PIL alleged that despite the Abhishek tragedy on May 31, the authorities had not taken any effective protective measures. "The Abhishek incident was not an isolated one. Ten days earlier, a security guard was washed away with his scooter. The authorities have so far shown a callous attitude. They have not issued any comprehensive guidelines with respect to covering open drains. No one has been held accountable for the tragedy,'' Nalina, the petitioner's counsel, told the court.



SC rejects PIL on EVMs manipulation
http://www.thaindian.com/newsportal/india-news/sc-rejects-pil-on-evms-manipulation_100223602.html
July 27th, 2009 - 6:00 pm ICT by ANI
New Delhi, July 27 (ANI): The Supreme Court on Monday dismissed a public interest litigation (PIL) alleging susceptibility of electronic voting machines (EVM) to manipulation.
India is using the electronic voting machine from the last five years for the elections of Lok Sabha and state assemblies.
A Bench of the apex court headed by Chief Justice K G Balakrishnan declined to hear the PIL, filed by V. V. Rao, of Jana Chaitanya Vedika. The Bench asked the petitioner to make a representation before the Election Commission of India in connection with the matter.
Rao, himself an engineer argued in the petition that, several experts and election watch groups have found that the EVM could be manipulated. Rao also claimed that his organization analysed the results in several constituencies, which indicate that there is something drastically wrong with the EVMs.
The existing EVMs are vulnerable and should not be used for any elections till the time the machines are made tamper proof, Rao said in the petition.
Earlier, Leader of Opposition in the Lok Sabha L.K. Advani also raised doubts about the functioning of the EVMs, and also demanded to reintroduction of ballet papers for elections.
The Election Commission of India rejected all such allegation claiming that all EVMs are protected against tampering. (ANI)




Govt buys time to soothe anti-gay sentiment
http://economictimes.indiatimes.com/News/PoliticsNation/Govt-buys-time-to-soothe-anti-gay-sentiment/articleshow/4832084.cms
29 Jul 2009, 0152 hrs IST, Bharti Jain, ET Bureau
NEW DELHI: The decision to ask the Union Cabinet to take a final call on the recent Delhi High Court judgement legalising adult gay sex may only help the government buy more time to soothe the angry feelings it has invoked among various religious communities.

The latest move by a three-member panel comprising home minister P Chidambaram, law minister Veerappa Moily and health minister Ghulam Nabi Azad - tasked by the prime minister to formulate a view on whether Section 377 needed to be updated/scrapped - to seek a consensus within the Cabinet comes even as their own opinion is in favour of the judgement legalising sex between consenting adult homosexuals.

At the meeting on Tuesday, there was broad agreement that HC judgement scrapping a particular provision of Section 377 regarding consensual gay sex between adults was “balanced”, as it had left the provisions criminalising non-consensual sex between homosexuals as well as sodomy intact.

In fact, according to government sources, the Centre is unlikely to fault the judgement in the Supreme Court. However, the opposition from various religious leaders — including Muslim clerics, Sikh and Christian clergy as well as right-wing Hindu groups — and the political cost it entails have made the government jittery about openly welcoming the HC order as of now.

Some ministers feel that a consensus should be built among the political class as well as within the society before publicly backing the HC verdict. This, however, needs time, which is why the Centre has sought six weeks to present its views on the matter before the court. Given the differences that may emerge within the council of ministers on Section 377, it could even take longer before the government takes a final call on enforcing the HC order.

In any case, Section 377, as interpreted by HC, is already the law of the land. So, effectively, gay sex between consulting adults is legal. As time passes — possibly six months to even an year — and not so-called “adverse” effects of legalisation of adult homosexual relations are visible, the reservations of the various communities and religious groups, MHA feels, may just wear off.




HC dismisses petitions challenging telecast of 'Sach Ka Samna'
http://www.indianexpress.com/news/hc-dismisses-petitions-challenging-telecast-of-sach-ka-samna/495504/
Posted: Wednesday, Jul 29, 2009 at 1240 hrs New Delhi:
The Delhi High Court dismissed two petitions seeking a stay on the controversial TV show 'Sach Ka Samna', saying that moral policing is not its function.
A Division Bench headed by Chief Justice A P Shah suggested the petitioners to approach the central government over it.
"It is for the government to decide whether the programme should be banned or not. It is not the function of the court ... There are far more serious problems in this country which we have to settle," the Bench said.
Two petitioners, Deepak Maini and Prabhat Kumar, had approached the court seeking a stay on the show being telecast on Star Plus channel alleging that the programme was against the values of the Indian society.
Rejecting it, the court said, "Our culture is not so fragile that it would be affected by one TV programme."




HC seeks info on Katihar red-light area
http://timesofindia.indiatimes.com/articleshow/4830948.cms
TNN 29 July 2009, 12:01am IST
PATNA: The Patna High Court on Tuesday directed the Katihar DM to file a counter affidavit to a PIL seeking rehabilitation of the people living in the red-light area in Kulipara locality of Katihar town.

A division bench comprising acting Chief Justice Shivakirti Singh and Justice Anjana Prakash issued the directive on a PIL of Naseema Khatoon who alleged police atrocities on the women residing in Kulipara.

Claiming herself to be a social activist, dancer and singer, Naseema sought a direction to police not to violate the human rights of Kulipara residents. She said she has already submitted a memorandum to the chief minister, requesting for measures for the uplift and rehabilitation of the residents of all the red-light areas in the state.

She said when the CM visited Katihar, residents of Kulipara sought rehabilitation. Thereafter, the local police gave a report that Kulipara children were being imparted education and that the situation had improved there. On July 8, however, a team of policemen reached Kulipara and molested women, Naseema added.




HC asks official liquidator not to take charge of Pyramid Saimira
http://www.business-standard.com/india/news/hc-asks-official-liquidator-not-to-take-chargepyramid-saimira/365174/

TE Narasimhan / Chennai July 29, 2009, 0:24 IST
The Madras high court has asked the official liquidator (OL) not to take charge of Chennai-based Pyramid Saimira Theatre Ltd (PSTL) for the time being. The court’s direction comes after the theatre chain informed the former that it would pay its entire dues to Patni Financial Services before October 31, 2009.
It may be recalled that on June 19, the Madras high court had appointed the OL to take charge of Pyramid Saimira’s assets. The order was passed on the basis of a petition filed by Mumbai-based Patni Financial Advisors, which had given a loan of Rs 5 crore by way of inter-corporate deposit to PSTL.
During today’s hearing, PSTL paid Rs 32.5 lakh, the interest portion, to Patni and said it would pay the entire amount before October 31. Following this, Justice P Jyothimani said the “appointment of PL stays in abeyance”.




Juvenile Act provides for adoptions: HC
http://timesofindia.indiatimes.com/NEWS/City/Chennai/Juvenile-Act-provides-for-adoptions-HC/articleshow/4831787.cms
TNN 29 July 2009, 05:33am IST CHENNAI: Couples intending to adopt children without being inhibited by the personal laws of their religion can do so under the provisions of the Juvenile Justice Act, 2000, the Madras high court has ruled.

Allowing an application from a Christian couple who sought legal rights for their adopted daughter, Justice K Chandru faulted Air India, employer of the adoptive father, for refusing to recognise the adoption based on the "spurious argument" that Christian law did not recognise adoptions.

Noting that Sections 40 and 41 of the Juvenile Justice Act provided for adoption through the juvenile justice board, the court criticised Air India for failing to note the present legal position. "It shows their insensitiveness and ignorance regarding the development of law in this country," Justice Chandru said. Besides, AI's stand was opposed to the law of the land, he said.

The court directed AI to recognise that Gywneth Dhanya, aged two and a half, as the child of the applicants, RR George Christopher and his wife Kristy Chandra, and confer all service benefits available to a child of an AI staff.

"The Juvenile Justice Act for the first time provides adoption' as a means to rehabilitate and socially reintegrate a child. It empowered the state government and the JJ Board to give a child for adoption. This is the first secular law in India providing for adoption. The provisions in Sections 40 and 41 are not restricted to persons belonging to a particular religion alone," the judge said.

Even though the Christian couple in the case before the court did not utilise the JJ Act, but obtained a guardianship order from the court and followed it up with adoption as per Christian rites and customs, the judge dealt with the provisions of the juvenile justice law also to highlight the fact that regardless of personal law, there are avenues of adoption for people subscribing to any faith.

Air India's argument was that Christian law did not recognise complete adoption, as Christians had no enabling law to adopt a child legally on the lines of Hindu law on the subject. There could only be a guardian-ward relationship, it argued. However, the judge cited judicial pronouncements on the subject to show that Canon Law applicable to Christians did not prohibit it and also provided for adoption if the relevant country's laws permitted it.



Father of suspected IM terrorist moves HC
http://timesofindia.indiatimes.com/articleshow/4831547.cms
TNN 29 July 2009, 03:43am IST
NEW DELHI: Even as the National Human Rights Commission (NHRC) gave a clean chit to the Delhi police special cell in the Batla House encounter, father of a suspected Indian Mujahideen (IM) terrorist on Tuesday approached the Delhi High Court seeking its direction to initiate criminal proceeding against police officials involved in the shootout.

Ansarul Hassan, a resident of Azamgarh in Uttar Pradesh has written a letter to Chief Justice of Delhi High Court A P Shah, pleading that an FIR should be filed against the police personnel claiming his son Mohd Sajid, who was killed in the encounter last year, was innocent.

In a three-page letter addressed to the Chief Justice Hassan said that his son Sajid and his friend Atif had come to Delhi to pursue studies and were staying at Batla House. The police, in its encounter, killed them. He said that he had to approach the court as no FIR had been lodged in the case and the NHRC also refused to take action on his plea. He also alleged that even after the death of his son, officers of the special cell still harass them and threaten them of dire consequences.

The Court is likely to take into consideration the letter and would take cognizance on Wednesday. The letter has come a week after the NHRC submitted its report before the chief Justice of Delhi High court stating that the encounter was not fake and the police fired on the alleged terrorists in "self defence''.

Atif Amin and Mohd Sajid, the two suspected IM terrorists allegedly involved in the September serial blasts in the capital, were killed on September 19, 2008 and two other IM suspects Mohd Saif and Zeeshan were arrested from the Batla House area. The incident took place a week after serial blasts had rocked the capital killing 26 people and injuring 13 others.



HC was ‘stunned, aghast’ over VIPs on list but admitted there’s no proof
http://www.indianexpress.com/news/hc-was-stunned-aghast-over-vips-on-list-but-admitted-theres-no-proof/495409/0
Posted: Wednesday, Jul 29, 2009 at 0329 hrs Srinagar:
After PDP leader Muzaffar Beigh alleged that Chief Minister Omar Abdullah — and his father Farooq Abdullah — figure in a “list of suspects” in the 2006 Srinagar sex abuse scandal, he claimed this list surfaced during the CBI investigation monitored by the Jammu and Kashmir High Court.
The fact is that this list was never made public and charges against those named in it were subsequently denied. In fact, the High Court decided not to make it public saying further investigation was needed.
In its order on October, 8, 2007, the court said that this list includes the “category of persons who have been alleged by Sabina (the woman kingpin of the sex abuse scandal) to have had illicit sex with girls procured by or known to her”.
The order, however, added: “...The concerned girls, though much after the allegations leveled by Sabina, have denied the alleged occurrences. With no other circumstance to support Sabina’s statement being on record which renders further investigation in their cases imperative”.
“Since cases of this category of persons are required to be investigated further, I would, as already said, abstain from naming them,” Justice Bashir Kirmani said in the order.
“But I am totally taken aghast to find names of some highly placed people in this list particularly from police department and political field; high ranking police officers and political functionaries including some former and sitting ministers of the Cabinet. I wish they figure wrongly in this shame list but even a mere incriminating mention of their names in a case of this type, not to say of any involvement like others, already mentioned, is simply stunning,” the judge said.
When asked why as Deputy CM, he didn’t take any action, Beigh claimed: “It was on my letter to then CM Azad that the CBI probe began. But now we think the CBI is going slow and that’s why we have raised the issue.”



HC commission visits project-affected Pahur village, rehabilitation site
http://timesofindia.indiatimes.com/NEWS/City/Nagpur/HC-commission-visits-project-affected-Pahur-village-rehabilitation-site/articleshow/4831963.cms
T O Abraham, TNN 29 July 2009, 03:30am IST
YAVATMAL: The one-man commission appointed by the Nagpur bench of Bombay high court visited the Bembla river irrigation project-affected Pahur village to have an on-the-spot inspection of the available infrastructure and the civic amenities. Around 25 kms from the city Pahur, is a village in Babhulgaon tehsil and is proposed to be the new site for the rehabilitation of the villagers.

According to sources, the one-man commission of Advocate Narayan Fadnavis appointed by the HC visited both the affected village Pahur and the proposed sites of their rehabilitation. He interacted with the villagers and also took stock of the situation. He is expected to submit his report to the HC shortly.

Sources said, the villagers apprised Fadnavis about their hardships. They told the commission what sort of problems they would face once they shift to the new site which doesn't have necessary civic amenities. The villagers have asked for time till May 2010 so that their houses would be completed at the new site and necessary civic amenities be provided.

A joint meeting that followed was attended by the project-affected villagers including sarpanch Gunwant Jirapure, executive engineer of Bembla project Sharad Dhoble, executive engineer of Lower Painganga Borse, district rehabilitation officer Ashok Khandare, sub-divisional engineer Nimje, tehsildar of Yavatmal Santosh Shinde and others.

It may be recalled that the district rehabilitation authorities have given an ultimatum to project-affected people (PAP) asking them to accept the possession certificate of their allotted plots at the rehabilitation site immediately failing which the land patta' would be cancelled and their habitat in the village would be razed.

The gram panchayat then moved the high court and pleaded for granting an interim stay on the forcible shifting of their village. They have alleged that the rehabilitation site doesn't have adequate civic amenities and pointed out that they would not able to construct the houses during the rainy season.

The counsel for district administration, however, denied the allegations and told the court that the village would submerge during the current monsoon as the project authorities have targeted 100% storage in the dam.

After hearing both the parties, the court granted status quo to the order issued by district administration and ordered them not to make any forcible rehabilitation. The court then appointed a senior lawyer Narayan Fadnavis as one-man commission who would visit both the affected village and the proposed site to ascertain the veracity of the respective claims and report within 15 days. The court has also directed the district administration to appoint a representative to assist the commission.



HC to look into Maytas' Metro plea
http://timesofindia.indiatimes.com/NEWS/City/Hyderabad/HC-to-look-into-Maytas-Metro-plea/articleshow/4832022.cms
TNN 29 July 2009, 03:18am IST
HYDERABAD: Justice G Rohini of the High Court on Tuesday ordered status quo on the termination of the Hyderabad metro contract awarded to Infra and allowed the authorities to continue with the ongoing Request for Qualification (RfQ) process with the rider that the bidding process would be subject to the further orders of the court.

Responding to the petition filed by Maytas Infra director Bandaru Narasimha Rao challenging the termination of the concession agreement by Hyderabad Metro Rail Corporation, Justice Rohini on Tuesday issued notices before admission to the state and the corporation and posted the matter to August 11 for further hearing.

Meanwhile, Justice G Bhavani Prasad on Tuesday directed the CBI not to conduct lie detector tests on Satyam Ramalinga Raju, his brother Rama Raju and the former CFO Vadlamani Srinivas of the scam hit Satyam computers till August 6.

While hearing a petition moved by the Raju brothers who challenged the lower court's permission given to CBI to conduct these tests on them, the judge after hearing the arguments, posted the matter to August 6 for further hearing and directed the CBI not to conduct these tests in the meantime.

Appearing for Ramalinga Raju, senior counsel C Padmanabha Reddy told the court that narco analysis tests on human beings is a violation of rights and will have negative effects on the health of those who face them. A final order is expected from Supreme Court on this matter and now no narco tests are permitted in the country, he contended.

CBI special public prosecutor T Niranjan Reddy told the court that the polygraph tests are non invasive and are only external in nature and hence would not harm the health of those who face them. "We have got the nod from the court only for polygraph and not narco analysis," the CBI counsel said. The judge then posted the matter to August 6.

In another Satyam-related development, Justice V V S Rao on Tuesday dismissed the petition filed by M L Sharma, a Supreme Court advocate who challenged the company law board's order that permitted the induction of a new investor in Satyam Computers. "An appeal against the CLB's order has to be preferred on time and this appeal is not filed within that time frame. This court is not inclined to condone the delay in this regard," the judge said and dismissed the petition.



HC upholds rights of 1947 refugees
http://www.bombayblasts.com/2009/07/28/hc-upholds-rights-of-1947-refugees/
By | July 28, 2009
The Bombay HC recently quashed an order of the state government cancelling the allotment of additional lands made to them.
This post is provided to you by BombayBlasts.com




Judges welcome proposed Bill on asset declaration, says CJI
http://www.hindu.com/2009/07/26/stories/2009072650030100.htm
Special Correspondent
Failure to declare, or misdeclaration, of assets would be deemed misconduct
CHENNAI: Chief Justice of India K.G. Balakrishnan on Saturday said that under the proposed Judges Assets Bill, judges of the higher judiciary failing to declare their assets or providing a false declaration would be deemed to be misconduct. Misconduct is a ground to remove a judge, he said.
The Chief Justice, who was here in connection with a High Court function and to lead an interaction at a workshop on ‘Some of the recent developments in law,’ was answering journalists’ queries. He said the judges were already declaring their assets to the Chief Justice. “We [the judges] welcome it. We only wanted it,” he said. The assets of not only judges but also their dependants would be declared.
Answering a question with regard to making the declaration public, the Chief Justice said the details would not come under the purview of the Right to Information Act. “We do not want the judges to be harassed.”
There was no proposal to further increase the judge-strength of the Madras High Court. “We have been increasing the strength of almost all the High Courts.”
To a question on the controversy over the remark made by R. Regupathi, Judge of the Madras High Court, while hearing an anticipatory bail plea, and about the follow-up action, the Chief Justice said the press had reported that a Minister contacted the judge in the matter. Because of this, the CJI said, he was worried. Then he came to know that no Minister had called the judge. “That’s the information I got,” he said.
On strike action by lawyers, he said “we discuss with members of the bar” regarding their problems. The Chief Justice would also interact and try to solve problems. That was the only way. “It is working well.” Strikes by lawyers were happening only in some places.
To another question regarding police security in the Madras High Court complex after the February 19 clash between lawyers and police, the Chief Justice said security had been restored. He said the High Court was a public place. Everyone should have a feeling that it was a place to seek justice. It should not have to look like a fortress.




DM summoned for sitting on arms licence plea
http://timesofindia.indiatimes.com/NEWS/City/Patna/DM-summoned-for-sitting-on-arms-licence-plea/articleshow/4827091.cms
TNN 28 July 2009, 02:06am IST
PATNA: The Patna High Court on Monday directed the Rohtas DM to appear before the court on August 3 and give reply to the allegation that an application for an arms licence has been pending for the last ten years.

In his writ petition, Ram Bharat Choudhary submitted that he submitted an application for an arms licence ten years back. But despite repeated efforts, he is yet to get the licence.




Land acquisition for BMIC: status quo ordered
http://timesofindia.indiatimes.com/NEWS/City/Bangalore/Land-acquisition-for-BMIC-status-quo-ordered/articleshow/4827434.cms
TNN 28 July 2009, 04:13am IST
BANGALORE: The high court on Monday ordered status quo with respect to 3 acres at Chikkathogur village, which the Karnataka Industrial Areas Development Board (KIADB) had acquired in 2003 for the Bangalore-Mysore Infrastructure Corridor's (BMIC) peripheral road.

Petitioner and land owner G Shrinivas claimed the authorities included the land in the final notification though it was not required for the project and also not part of the alignment. "The land is outside the alignment of the peripheral road project. This court has already considered the contention of a similarly placed land owner in September 2008 and issued a stay order," counsel for the petitioner told the court.

Hotel refused interim relief

A division Bench on Monday refused to grant any interim relief on the writ appeal filed by the management of Empire Hotels, challenging the July 3 verdict of a single judge dismissing their petition. They had challenged the May 19 order issued by the police commissioner, fixing midnight as closure deadline.

The hotel's counsel told the court that only the government has power to fix time-schedule of business establishments, and not the police. But the single Bench had observed that the order is a regulatory measure and asked the government advocate to seek further instructions in the matter.

"There is no pick-and-choose involved in this order issued in the nature of a delegatory legislation under Section 31(w) of Karnataka Police Act, 1963. It was issued as a measure for maintenance of law and order in Bangalore, which is a fast-growing metropolitan city... There are no grounds for this court to interfere," the single Bench had observed in its order.

The state had defended the move, claiming the order was general in nature and not directed against any particular establishment. The police had directed all hotels and restaurants mentioned under the Public Entertainment Order issued in August 2007 to comply with the midnight closure deadline.

Plea against registration circular admitted

A division Bench has admitted a PIL challenging the government's April 6, 2009 circular, asking sub-registrars not to register properties if conversion certificates and sanctioned plan from the competent authority is not enclosed with applications.

The petitioners have claimed that Section 22-A of the Registration Act, under which the circular was issued, had been declared unconstitutional both by the high court as well as the Supreme Court. "Moreover, the move will only harass the general public, causing hardship and misery," the petition states, adding: "The settled position is clear that it is only a civil court and not a sub-registrar that has the power to decide the title, deed and other related issues."

The government has filed a statement defending the circular, saying it is a regulatory measure taken with a view to end the harassment of public by way of specifying the documents needed for registration.

Railway ministry told to consider representation

The HC has asked the ministry of railways to consider a representation to be filed by a petitioner, seeking increase in compensation to railway accident victims, and increasing height of platforms at stations.

A Bench headed by the chief justice disposed of a PIL filed by V Padmanabha Kedilaya, a retired district and sessions judge and former member of the Railways Claims Tribunal, seeking Rs 15 lakh as compensation for accident victims.

"At present, if a person dies in a railway accident the maximum compensation payable is Rs 4 lakh, which was fixed 11 years ago. A family which gets that amount can only get an interest of Rs 24,000 per year, which is insufficient by any standard. In the last 11 years, dearness allowance of central government employees has been increased 24 times, but the compensation remains static. At least it should be increased to Rs 10 lakh immediately and to Rs 15 lakh finally," the petitioner had stated.

The petitioner also sought directions to increase the height of platforms at railway stations across India to the level of train coaches, to make it easy for passengers to board or alight.



Sessions court public prosecutors to speed up human rights cases
http://www.indianexpress.com/news/sessions-court-public-prosecutors-to-speed-up-human-rights-cases/494828/0
Express News Service Posted: Tuesday , Jul 28, 2009 at 0054 hrs Mumbai:
The state government has issued a notification authorising all public prosecutors of sessions courts to act as special public prosecutors for the human rights courts.
The move is aimed at speeding up trials. The notice was issued in response to a public interest litigation (PIL) that had pointed out irregularities and delays in implementing notifications as well as other irregularities, illegalities and violation of law by the members and office bearers of Maharashtra State Human Rights Commission (MSHRC).
A PIL filed by Dombivali businessman Pushkar Damle had alleged irregularities in the MSHRC and urged the Bombay High Court to take action against erring officers. Damle has supported his PIL with information sought under the Right to Information (RTI) Act.
The PIL states that although the Human Rights Act was amended by the Central government in 2006, the state government is yet to notify the amended Act. Damle also pointed out that other provision of appointing special public prosecutors for conducting the cases of violation of human rights were yet to be appointed.
The PIL also stated that there was delay on the part of the government to set up Human Rights Courts even though the Government Resolution (GR) of declaring all the sessions court as “human rights courts” as per the provisions of the Protection of Human Right Act, 1993, was issued way back in May 2001.
According to his petition, the MSHRC received approximately 31,000 complaints of violation of human rights, out of which the action taken report was received only in eight complaints.
Petition contended that establishment of human rights courts and its functioning was required as the victims has to come all the way from the interior parts of the state by spending money from their own pocket for registering the complaint against the public servants who have violated their rights, while the accused public Servant comes by spending public money to attend the case.
Petitioner’s advocate Ashish Chavan said that this is a welcome move and will result in speedy justice to the victims as MSHRC has got recommendatory powers whereas human rights courts have got punitive powers. The trial will be conducted on the basis of Criminal Code of procedure, he said.







PIL in high court seeks regulatory body for TV
http://www.dnaindia.com/mumbai/report_pil-in-high-court-seeks-regulatory-body-for-tv_1277778
Anshika Misra / DNA
Tuesday, July 28, 2009 2:32 IST
Mumbai: Even as the merits of reality television are being debated in Parliament, the Bombay High Court will this week hear a PIL demanding appointment of a regulatory authority to monitor television content.
The PIL filed by social activist Pratibha Naitthani has cited several examples of "absurd" television programmes currently on air "which are not only in bad taste, have foul language and no entertainment value". The PIL also alleges that the live broadcast of the military rescue efforts during the 26/11 terror attack compromised the nation's security by revealing confidential strategydetails. It has sought a ban on live telecast of terror attacks.
Naitthani has stated that despite having filed complaints against shows like Big Boss, Splitsvilla and Dadagiri for their "obscene and vulgar" content,neither the Information and Broadcasting (I&B) ministry nor the police have taken any action. According to her lawyer, Mukesh Vashi there should some checks on "offensive" television programmes like, Sach ka Samna, "where bedroom talk is being discussed in public".
Naitthani has also pointed out that in a 2005 affidavit filed by I & B ministry in another PIL filed by her, the government had stated that it was contemplating setting up a Broadcast Content Regulatory Authority. The government had stated that it was also planning to set up an exclusive facility for round-the-clock monitoring of various TV channels. However, till date no concrete steps have been taken, Naitthani alleged.
The PIL, which is likely to be heard on Thursday, has also sought framing of uplinking and downlinking guidelines for television channels.



Court makes Centre party in language row
http://timesofindia.indiatimes.com/NEWS/City/Bangalore/Court-makes-Centre-party-in-language-row/articleshow/4827878.cms
TNN 28 July 2009, 03:13am IST
BANGALORE: The ongoing language policy issue took a turn on Monday with the Supreme Court making the Centre party to the case, and ordered notices following a PIL by 15 Kannada litterateurs.

The writers have contended that education comes under Concurrent List and the Centre, in all respects, should be a necessary party. The SC has also issued notice to the state.

HC adjourns contempt petition: A Karnataka HC division Bench on Monday adjourned the hearing on a batch of contempt petitions filed by private managements against education department officials. The court is awaiting the decision of the apex court.



Court asks Kumble’s wife to negotiate with former husband on daughter’s custody
http://www.hindu.com/2009/07/28/stories/2009072855341100.htm
J. Venkatesan
Bench grants three weeks to parties, asks counsel to convey outcome
“Asking the petitioner to face proceedings in family court again is harassment for child”
“The father is interested in cheap publicity, and petition was filed with oblique motive”
NEW DELHI: The Supreme Court on Monday asked cricketer Anil Kumble’s wife and her former husband to have negotiations on sharing the custody of their 14-year-old daughter.
A Bench of Justice Tarun Chatterjee and Justice R.M. Lodha granted three weeks to the parties and asked counsel to inform the court of the outcome.
Kumar V. Jagirdar is Chetna Kumble’s first husband, and they had a daughter before they divorced in April 1999. Ms. Chetna married Anil Kumble the same year. A family court in Bangalore gave Mr. Jagirdar the custody of the girl. On Ms. Chetna’s appeal, the Karnataka High Court reversed the order and granted her the custody of the child. Mr. Kumar’s appeal in the Supreme Court was dismissed, and he was given visiting rights.
Mr. Jagirdar approached the Karnataka High Court again, contending that Ms. Chetna had given birth to two children through Anil Kumble, and considering the change in the circumstance, he should be given custody of his daughter. Since the High Court referred the matter to a family court, Ms. Chetna moved the Supreme Court again in April, and the proceedings were stayed.
When the matter was taken up on Monday, senior counsel Mukul Rohatgi, appearing for Ms. Chetna, submitted that asking the petitioner to face the proceedings in the family court again was harassment for the child, especially when the issues had been concluded by the Supreme Court in 2004. “The girl, who will be 15 years this December, cannot be expected to go back to his father after 15 years. The father is only interested in cheap publicity, and the petition was filed with an oblique motive. It is causing immense hardship to the child and the [Kumble’s] family,” he said.
Prashant Bhushan, counsel for Kumar, said the circumstances changed since the Supreme Court disposed of the matter. The girl had now attained puberty. The growing consensus worldwide was that in such cases, the custody of children should be shared by parents.
At this juncture, Justice Lodha asked Mr. Bhushan: “Has the girl shown any inclination to stay with the father? Why should you disturb? Why should you do something which may harm the child’s interest?” Mr. Bhushan said: “I [father] will be the last person to do any harm to the child psychologically.”
The judges then asked counsel whether something could be done to sort out the issue. Since counsel agreed to consider the proposal, the Bench granted three weeks.




Water shortage: Mohali councillor to move HC
http://timesofindia.indiatimes.com/NEWS/City/Chandigarh/Water-shortage-Mohali-councillor-to-move-HC/articleshow/4828054.cms
TNN 28 July 2009, 06:27am IST
MOHALI: Irked over never-ending shortage of water in the city, a councillor after writing to the local bodies department on the issue has now decided to move the Punjab and Haryana High Court on the issue.

Residents have been complaining that water has not been reaching first and second floors, especially in houses up to 10 marlas, due to low pressure. They further alleged that water supply hours too have been reduced, putting residents into great inconvenience.

Kuljit Bedi, councillor of Ward Number 27, who recently had written a letter to Punjab chief secretary demanding necessary directions to the authorities to start the process to installing five tubewells already approved by the municipal council, said that within a couple of days he would approach the high court as authorities have failed to do the needful.

He said that erratic water supply has made the residents life miserable while the municipal council had also failed to stop people from wasting water. ‘‘No drive was launched and not even a single person was challaned for wasting water while residents were left without water,’’ he said, adding that residents of Phase X, phase IX, Phase IIIB2, Phase V besides other areas were facing water shortage.

Bedi said that against the demand for 23 million gallon per day, the city was being provided only 12.5 million gallons of water per day. Lt Col (retd) S S Sohi, president, Ex-servicemen Grievances Cell, said that the city was facing severe water problem as demand was more than supply and authorities were yet to make arrangements to fill the gap.

Senior vice-president of municipal council Harmanpreet Singh Prince said that over one-and-half-years back a proposal to install 33 tubewells was approved in the MC and director, local bodies, had directed that money be sanctioned to the Sewerage Board for installation of tubewells, but the MC president had insisted that the civic body would itself install tubewells. The local bodies department had argued that MC did not have technical staff to install tubewells. Price claimed that confusion over who would install the tubewells was causing undue harassment to residents.



SC refuses relief to Lodha; HC to hear matter
http://www.indianexpress.com/news/SC-refuses-relief-to-Lodha--HC-to-hear-matter/494641/
Agencies Posted: Monday , Jul 27, 2009 at 1243 hrs New Delhi:
The Supreme Court refused to offer relief to Harsh Vardhan Lodha, who had sought a stay on a Company Law Board interim order that barred him from chairing the Birla Corp annual general meeting (AGM).
The AGM was slated for Monday.
The Supreme Court also directed the Calcutta High Court to hear petition by Lodha and Birla camps on Tuesday.
Lodha had moved to the Calcutta High Court challenging the CLB interim order on the AGM of the Birla Corp, to which Harsh's father R S Lodha had staked claim to citing the purported 1999 will of Priyamvada Birla.
Some Birla family members have contested the Lodha family claim on Rs 5,000 crore M P Birla estate.



Trinamool candidate moves HC for recounting in Balurghat
http://www.indianexpress.com/news/Trinamool-candidate-moves-HC-for-recounting-in-Balurghat/494858/
Express News Service Posted: Tuesday , Jul 28, 2009 at 0158 hrs Kolkata:
The election procedure and counting of votes in Balurghat parliamentary constituency has come under the scanner of the Calcutta High Court.
Biplab Mitra, the Trinamool Congress candidate who lost the Lok Sabha poll from Balurghat, filed a petition in the High Court last week challenging the election procedure. Mitra has sought a recounting of votes.
Mitra alleged in the petition that the electronic voting machine (EVM) had not been properly checked before counting in front of the Trinamool agents in various counting stations. The agents were not allowed to enter the counting rooms in various places, he alleged. Advocate Bimal Chatterjee on Monday pleaded that counting procedure had not been followed by the returning officer of the district.
After the hearing, Justice Anirudha Basu directed the court to serve notice to the Election Commission of India and the case will come up for hearing on Friday.
The Calcutta HC also ordered that the seal of the EVMs would not broken till disposal of the case. Normally, the EVMs are preserved for six months after declaration of the result, said Chatterjee. The EVMs should be kept in safe custody of the Election Commission, the court ruled.
Mitra was defeated by Prasanta Kumar Mazumdar of the RSP, by a margin 5,195 votes.
After the declaration of results, The Trinamool had demanded recounting and the party had protested at district headquarters many times.



HC gives relief to Bhikhi
http://www.indianexpress.com/news/hc-gives-relief-to-bhikhi/494968/
Express News Service Posted: Tuesday , Jul 28, 2009 at 0444 hrs Ludhiana:
The Punjab and Haryana High Court today stayed the arrest of Advocate Daman Preet Singh Bhikhi of Ludhiana who was accused by Major G S Benipal (Retd) of presenting fake sale deeds before him.
Arguing the anticipatory bail filed by Daman Preet his counsel, Advocate Vivek Thakur contended that allegations leveled by Benipal in the FIR do not make out any case of cheating or forgery against Daman Preet. “Allegations against Damanpreet are that he had presented fake sale deeds before the Tehsildar. Neither it has been alleged that Daman Preet is a beneficiary to these sale deeds nor he has purchased any sale deed” averred Advocate Vivek Thakur.
Taking note of the contentions of Thakur, Justice Harbans Lal today stayed the arrest of Advocate Daman Preet and issued notices to the Punjab State and Senior Superintendent of Police (SSP) Ludhiana. It might be mentioned here that it was this FIR after which Benipal was beaten up by SAD and Akali supporters.
FIRs were registered after Benipal was thrashed. Some of the accused have been arrested and are in police custody.




Gujarat HC short by 15 judges
http://timesofindia.indiatimes.com/articleshow/4827536.cms
TNN 28 July 2009, 03:46am IST
AHMEDABAD: A statement presented in the Rajya Sabha on Monday stated that most high courts in India fall short of the approved strength of judges.
Gujarat, for instance, has 42 approved positions for judges but there are only 27. There is approved strength of 886 judges in 21 high courts of India but there are only 646, leaving shortfall of 240 judges.

Responding to an un-starred question on vacancies in high courts by Parimal Nathwani, MP from Jharkhand, union minister for law and justice Veerappa Moily said that the Gram Nyayalaya Act 2008 has been enacted to establish 5,000 gram nyayalayas (village courts) which will bring justice to the doorsteps of the people in the rural areas.

Moily informed that the government had requested all high courts to fix the vacation period in such a way that the number of working days didn't fall below 222 days in a year.




HC suggests immediate ban on all plastic
http://timesofindia.indiatimes.com/NEWS/City/Chennai/HC-suggests-immediate-ban-on-all-plastic/articleshow/4827669.cms
TNN 28 July 2009, 03:31am IST
CHENNAI: Three weeks ahead of the ban on plastic coming into force on the Marina, the Madras high court on Monday suggested an immediate ban on all plastic bags and items upto 60 microns.

It has also passed severe strictures against the Tamil Nadu Pollution Control Board (TNPCB) authorities for their failure to effectively enforce Central rules to regulate use of plastic in the state.

A division bench comprising justice D Murugesan and justice K Venkataraman, passing orders on a public interest writ petition said: "The state government may take into consideration the various steps taken by other states, and give its serious consideration to ban the use of plastic bag and other items upto 60 microns as an immediate step."

The observation comes on a day when minister of state for environment Jairam Ramesh said in the Lok Sabha that the government was working on a "concrete plan to ban polythene bags" entirely, and the Chennai corporation conducted an awareness meeting on the ban for shopkeepers on the Marina.

Refraining from imposing a ban, as it would amount to legislating, the Madras high court judges said a state legislation Tamil Nadu Throwaway Plastic Articles (Prohibition of Sale, Storage, Distribution and Transport) Act 2003 was yet to be notified even six years it was announced. Noting that even this legislation is not enough to tackle the challenges posed by plastics use, they said the government must bring in stringent clauses.

Pointing out that TNPCB could not spell out any action it had taken, the bench said: "The board seeks to shirk its duty and responsibility solely on the ground of want of legislation by the state government. It cannot be accepted as the board is empowered to act in terms of the Central rules." Except in places like Ooty, the Central rules have not been implemented, the judges said, adding that TNPCB had disregarded the rules.

The petitioner, A Narayanan had cited the secretaries of municipal and water supply, and environment and forest departments as respondents, besides the Chennai Corporation, and wanted the court to direct them to ban manufacture, distribution and usage of all types of plastic carry bags of all size and thickness. He wanted a blanket ban on all plastic items such as disposable cups, plates, buckets and vessels below the 150 micron thickness.

Though plastic poses serious hazards to environment, it is of great assistance to humanity as a whole, the bench said, adding that banishing plastic completely was not the answer to pollution. Asking TNPCB as well as the state government to look into implementing the central rules in true letter and spirit, the bench said they should undertake a campaign to spread awareness about the devastation caused by plastic to environment.

Meanwhile, Chennai corporation officials conducted a meeting with shopkeepers on the Marina to inform them about the ban on use of plastic, including as cups, carry bags or as packaging material.

The civic body has not yet fixed the fines for those found violating the ban. About 15 of its employees will patrol the Marina to enforce the regulation. "Our intention is to promote awareness about the ill-effects of the use of plastics. We will decide on the fine later," a senior Corporation official said. The local body is also planning to put up signboards on the sands, the official added.



HC against awarding bonanza' in accident claims
http://timesofindia.indiatimes.com/NEWS/City/Chennai/HC-against-awarding-bonanza-in-accident-claims/articleshow/4827667.cms
TNN 28 July 2009, 03:28am IST
CHENNAI: Frowning upon "bonanza" and "extravagant" compensation being awarded to accident victims and lack of consistency in injury assessment, the Madras high court has urged the government to form medical boards to vet injury claims.

The accident claims tribunals, on their part, should neither be niggardly in awarding compensation in deserving cases nor consider claims petitions as an occasion to award bonanza even in cases of minor fractures, the court cautioned.

A division bench comprising Justice Prabha Sridevan and Justice TS Sivagnanam, referring to a suggestion in a book A Critique on Motor Vehicles Laws said that if the guidelines evolved by the Union ministry of social justice and empowerment in June 2001 are adopted it would bring uniformity and consistency in the assessment of permanent disability.

Noting that the book had recommended formation of medical boards in every district, the judges said all the injured claimants should appear before such boards to get their injuries assessed. If that is done, motor accident claims tribunals could pass awards without further examination. "We hope Parliament will take note of this," the judges observed.

The case relates to an accident claim by an civil engineering student, R Sivakumar, who was injured in a bike-autorickshaw smash on the Old Mahabalipuram Road here. In 2004, the tribunal awarded Rs 18 lakh to the boy, taking note of the medical opinion that the boy had suffered permanent disability of about 50 per cent.

Drastically slashing the compensation to Rs 5.5 lakh, the judges said: "The erratic manner in which disability is assessed for fractures and other injuries which are not as grievous as loss of limbs or amputation is neither fair nor just. We feel that there should be some consistency and some uniformity. It pains us to see extravagant awards for what is really not a major disability. The pain that the injured feels is not something we are ignoring, but what we have to assess is the diminishment of his capacity to work and to the loss of earning capacity."

The judges expressed astonishment at the award and said, "claims tribunals should neither be niggardly while awarding compensation to somebody who is totally paralysed...living death position. At the same time, the accident claim petition is not an occasion to award bonanza for persons who have sustained fractures."

Disagreeing with the tribunal's finding, the judges fixed the disability at only 20 per cent. The judges said the book noted that expert witnesses or doctors, who appear before the tribunals are stock witnesses. "They know no standards, do not conform to any uniform practices. They do not follow any criteria. The tribunals are also under work pressure and therefore they just accept or slightly modify the disability as certified by those doctors," the judges said.



HC bans UPTU admission process
http://timesofindia.indiatimes.com/NEWS/City/Lucknow/HC-bans-UPTU-admission-process/articleshow/4827846.cms
TNN 28 July 2009, 02:34am IST LUCKNOW: The high court here on Monday imposed a ban on the admission process in engineering colleges affiliated to UP Technical University (UPTU).
The court, however, has declined to stay the ongoing counselling process. It has fixed August 4 for the next hearing.

The order was passed by a division bench comprising Justice Pradeep Kant and Justice Ritu Raj Awasthi on a public interest litigation (PIL) petition. Earlier, in compliance of the HC’s order, the state government produced the July 22 government order (GO) whereby the government had directed private engineering colleges to ensure 50% reservation to SCs/STs and OBCs in the admission.

At the time of hearing, UPTU registrar US Tomar was present before the bench. He told the court that the counselling process for admission to the colleges affiliated and recognised by the UPTU was going on at present. He also intimated the court that admission to courses would likely be finalised in September.

Filing the PIL, retired professor Ajai Swaroop demanded quashing of all GOs of the state government having effect of interference in affairs of the private engineering colleges. His counsel, senior advocate Prashant Chandra on Monday pleaded the arbitrariness of the state government saying that despite restraint order of the high court, the government was forcing the engineering colleges to implement 50% reservation quota.



Maytas moves HC on metro
http://timesofindia.indiatimes.com/NEWS/Business/India-Business/Maytas-moves-HC-on-metro/articleshow/4827743.cms
TNN 28 July 2009, 01:55am IST
HYDERABAD: Refusing to let go the Hyderabad Metro project, Maytas Infra Ltd on Monday filed a writ petition in the Andhra Pradesh High Court challenging the termination of the concession agreement by the state government that the two had entered into for executing the proposed project.

With the matter likely to be taken up for hearing on Tuesday, a high-profile legal battle is on the cards with Maytas having flown in advocates from New Delhi to argue the case. ‘‘Clearly, the Maytas-Metro saga is far from over,’’ an official said.

In its petition, Maytas Infra contended that the action of the government was unreasonable and did not take into account hindrances and hurdles which were beyond their control.

The petitioner urged the court to declare the action of the government as illegal and to stay all further proceedings pursuant to the bid notice issued by Hyderabad Metro Rail Corporation issued on July 16. The petition also mentioned that the Maytas-led consortium had submitted a bid security amount of Rs 60 crore and bid offer amount of Rs 11 crores to the Metro Rail Corporation.

The Maytas metro venture came to an end when the state cancelled the concessional agreement on July 7 on the grounds that the consortium had not achieved financial closure which it should have done by March 17 this year.




HC orders CMO to appear in person
http://timesofindia.indiatimes.com/NEWS/City/Allahabad/HC-orders-CMO-to-appear-in-person/articleshow/4826653.cms
TNN 27 July 2009, 11:06pm IST
ALLAHABAD: A division bench of the high court directed the chief medical officer of Gorakhpur on Monday to appear in person in the court on August 4. The court directed for the CMO's personal presence as he failed to provide information sought in a case.

The bench comprising Justice Amitava Lala and Justice Shishir Kumar passed the order, when standing counsel Ramanand Pandey failed to provide information which was sought from the CMO.

It might be recalled that high court had passed an order on July 21, 2009, seeking information from the CMO whether a doctor junior to petitioner Nagendra Ram has been posted as incharge of the primary health centre (PHC), Brahmpur, Gorakhpur. The information had to be provided in the court on July 27, but it was not provided despite a faxed message sent to him.

The petitioner, Dr Nagendra Ram has filed a writ petition, seeking quashing of an order passed by CMO on June 26 through which he had directed Dr Mahendra Kumar to work as incharge of PHC, Brahmpur, Gorakhpur. The petitioner stated that Dr Mahendra Kumar is junior to him and therefore he cannot be posted as incharge of PHC. The court will hear the case on August 4.



HC orders CVC inquiry into Prasar Bharati issue
http://www.mid-day.com/news/2009/jul/270709-HC-orders-CVC-inquiry-into-Prasar-Bharati-issue.htm
By: PTI Date: 2009-07-27 Place: New Delhi

The Delhi High Court on Monday ordered a Central Vigilance Commission (CVC) inquiry into alleged financial irregularities in Prasar Bharati Corporation and appointed a former judge to supervise board meetings of the public broadcaster.
A bench headed by Chief Justice AP Shah directed the board to convene its meeting within 15 days. The bench, also comprising Justice Manmohan, passed the order after the government failed to bring reconciliation between the chairman of the board, Arun Bhatnagar, and CEO BS Lalli, who have been at loggerheads.
The court said that day-to-day work of the Public Broadcaster would be handled by the CEO, Member (Finance) and Member (Personnel) of the board.
The court on July 24 had said that it would pass an interim order for proper functioning of Prasar Bharati.
The chairman had contended that the allegations of financial irregularities must be investigated by the CVC as no internal audit has been done in the organisation for the past several years.




Guj HC approached on whether eating ‘niaz’ is permitted
http://www.twocircles.net/2009jul27/guj_hc_approached_whether_eating_niaz_permitted.html
Submitted by admin3 on 27 July 2009 - 9:47pm.
By TwoCircles.net Staff Correspondent,
Ahmedabad: A debate between Ahl-e-Hadis and Barelvi sects of Muslims in the border district of Kutch over the issue of whether the eating of sacramental food(niaz) or flesh of an animal slaughtered in gratitude to anyone other than Allah, is allowed in Islam has reached the Gujarat High Court.
Though the court has no jurisdiction to decide on it as it has already told the parties verbally to settle it out of court, what the petitioner’s party has prayed is quashing of an FIR registered against Ahl-e-Hadis leaders on charges of promoting enmity between two groups under Sections 153-A and 505 of IPC.
The genesis of the dispute lies in some members of the Ahl-e-Hadis sect in Anandsar village of Nakhatrana taluka of Kutch district refusing to eat `niaz’ on the third day after `Yaum-e-Ashura’ in January this year.
Those who refused to eat `niaz’ believed in Barelvi traditions till recently. However, they gave up the Barelvi traditions after they came in contact with Ahl-e-Hadis preachers in the district.
But the majority of the villagers, who still follow the Barelvi school of thought, did not like the changed behaviour. They tried to force the neo Ahl-e-Hadis people to fall in line by organizing their boycott.
This led to a debate between the two sides. But the Ahl-e-Hadis members well-versed in Quranic knowledge put a question to other villagers: “Is it permitted in Islam to eat food consecrated to somebody other than Allah?’’
Ahl-e-Hadis members said they would have no objection to eating `niaz’ if it was allowed by the Quran and Sunnah of the Prohphet.
In support of their argument that `niaz’ was not allowed, Ahl-e-Hadis group presented translation of verse no. 173 of Surah Bakra which says: “Allah has made unlawful to you only carrion (dead animal) and blood and the flesh of swine and that over which there has been pronounced the name of some one other than Allah…’’.
Another verse quoted by them was verse no.3 of Surah Al-Maidah which translates as: “Forbidden to you are carrion, the flesh of swine, the animal slaughtered in any name other than Allah’s….’’.
Explaining the two verses, the Ahl-e-Hadis group argued that the `practice of pronouncing the name of anyone or anything other than Allah and dedicating the animal as an offering, or consecrating the food, to a holy personage, dead or alive’, is totally inappropriate and amounts to showing gratitude to some other being, instead of Allah.
As the `niaz’, a food, is dedicated to someone other than Allah, Ahl-e-Hadis members ruled that it was forbidden for eating as per instructions of the two verses of the Holy Quran.
Their arguments led to panic in Barelvi camp. They said that if it was not allowed by Quran, why should they eat it. As they had little knowledge of the Quran, 11 of the Barelvis, accompanied with an Ahle-Hadis follower, went to 85-year-old Barelvi spiritual leader Mufti Haji Saiyed Ahmed Shah Bawa and put the question to him.
Haji Juma Raima, a follower of the Barelvi sect and representative of the Mufti, told Twocircles.Net that Mufti sahib told Ahl-e-Hadis people clearly that if they did not want to eat `niaz’, they were free. But they should not disturb others.
But Ahl-e-Hadis group was not satisfied by the answers of Mufti. They wrote a letter to him saying that his interpretation of the Quranic verses were not proper and that he was misguiding Muslims with regard to worship of shrines, pirs and the dead.
In another letter, Maulana Suleman Siddiq of the Ahl-e-Hadis reportedly asked the Mufti to apologise publicly if he has justified the eating of `niaz’ by mistake and “let’s all think of what will happen to us after death’’.
The discourses between the two sides were also got published in a local Gujarati daily published from Bhuj. The Barelvis suspected another Ahl-e-Hadis religious leader Ibrahim Bachchu behind it.
Feeling that the Ahl-e-Hadis group will not restrain itself, Juma Raima lodged a criminal complaint in Bhuj Police Station against several persons belonging to Ahl-e-Hadis sect, including Maulana Siddiq and Ibrahim Bachchu, levelling charges of promoting enmity between two groups.
While Ibrahim Bachchu was arrested and kept in police lock up for more than 24 hours before being let out on bail, Maulana Siddiq is still wanted in the case by the police.
Subsequently, Ibrahim Bachchu moved the Gujarat high court seeking quashing of the the FIR.
With a total population of 14 lakhs in Kutch district, Muslims account for about 4 lakhs, 90 per cent of them Barelvis, running several schools, hospitals and other institutions as they are financially quite strong.




CJI to inaugurate seminar on construction workers
http://mangalorean.com/news.php?newstype=local&newsid=137488

BANGALORE, JULY 28, 2009: The Chief Justice of the Supreme Court of India Mr Justice K. G. Balakrishnan will inaugurate a two-day Seminar on building and other construction workers ( Regulation and Employment) ACT - 1996 on August 9 in Bangalore.

The Seminar organized by the Karnataka State Legal Services Authority in association of various agencies and departments of Government will deliberate on various issues connected with construction workers.
The Governor Mr Hans Raj Bharadwaj, the Chief Minister Mr B. S. Yeddyurappa, the Minister for Labour Mr B. N. Bache Gowda, the Minister for Law and Parliamentary Affairs Mr S. Suresh Kumar will participate in this Seminar, for which the Union Minister for Law and Justice Mr M. Veerappa Moily and the Union Minister for Employment and Labour Mr M. Mallikarjuna Kharge would be extended Special Invitation to attend.

This was disclosed at a High-level Meeting Chaired by the Executive Chairman of the Karnataka State Legal Services Authority Mr Justice V. Gopala Gowda, who is also Judge of the High Court of Karnataka here on Monday. Mr Justice K. L. Manjunath, Mr Ram Mohan Reddy and Mr Justice V. G. Sabhahit were present on the occasion.

Mr Justice Gopala Gowda said the meeting will throw light on many aspects of Construction Workers and suggest workable solutions to provide them a dignified life. Members from Government, Labour and Trade Unions, Advocates and Legal Luminaries will be provided a platform to give their thought and solution to the construction workers, especially migratory workers.

It is mandatory to issue Identity Cards to construction workers to get them basic amenities and benefits from Government including social welfare measures like extending insurance and pension, he said.

The Principal Secretary to Government in the Department of Public Works Mr D. Thangaraj, the Principal Secretary to Government in the Department of Infrastructure Development Mr V. Madhu, the Principal Secretary to Government in the Department of Labour Mr Ramesh Zalki, Commissioner for Bruhat Bangalore Mahanagara Palike Mr Bharat Lal Meena, the Commissioner for Bangalore Development Authority Mr Siddaiah, the Managing Director for Bangalore Metro Rail Corporation Limited Mr Siva Sailam, the Director of Information Mr N. R. Vishu Kumar and other senior officers were present at this hour-long meeting.
Our Correspondent




Pending cases a cause of concern: CJI
http://www.deccanherald.com/content/16279/pending-cases-cause-concern-cji.html
New Delhi, DHNS:

Chief Justice K G Balakrishnan has said that the growing number of pending cases in India is a real concern for judiciary.
While releasing a book ‘Justice, Courts and Delays’ by senior advocate Arun Mohan, Justice Balakrishnan said a chapter on causes of pending cases would be included in the curriculum of training programme of the judges of the District courts at the National Judicial Academy in Bhopal.

The judicial officers should be taught how to reduce the number of cases as the common people were suffering due to delay in granting justice, said the CJI while asking the author to bring out an abridged version of his book.

Speaking on the occasion, former Chief Justice A S Anand said, “The judicial system is facing a crisis, a crisis of credibility due to pending number of cases.’’

More judges

The government should have more judges at different levels as India has one of the lowest per capita number of judicial officers in the world, he added.

Law Minister Veerappa Moily said that the government was spending an enormous amount on the judicial system in the country.

Former Solicitor General Hrish Salve said due to delay in the disposal of the cases the ‘rule of law is a casualty’.

Mohan has written the book after taking a break from the legal profession for the past 10 years to go to the roots of the delay in disposal of the cases in courts from district level to the Supreme Court level.

The book with full of illustrations from everyday life, is more for the common people than for the lawyers and jurists.




SC panel seeks three-fold pay hike for trial court judges
http://timesofindia.indiatimes.com/NEWS/India/SC-panel-seeks-three-fold-pay-hike-for-trial-court-judges/articleshow/4827713.cms
Dhananjay Mahapatra, TNN 28 July 2009, 01:40am IST
NEW DELHI: In what could be the biggest ever salary hike for lowly-paid trial court judges, the Supreme Court-appointed National Judicial Pay Commission (NJPC) has proposed more than three-fold jump in their pay that translates to a monthly increase of Rs 20,000 at the entry level.

Less than three months after being appointed head of the second NJPC, Justice E Padmanabhan, a former judge of the Madras HC, submitted his report to the SC proposing an average 3.07-fold hike in the existing salaries that was recommended by the first NJPC in 1999. The recommendations of the first NJPC headed by Justice Jagannatha Shetty had entitled civil judge (junior division) starting salary of Rs 11,775, civil judge (senior division) Rs 15,200, district judge (entry level) Rs 20,800 and district judge (super time scale) Rs 23,850.

With the increase proposed by the second NJPC, the starting salary of a civil judge (junior division) is expected to be around Rs 35,000, a hike of nearly Rs 24,000. As per Justice Padmanabhan’s recommendations, salary of civil judge (senior division) would be around Rs 45,000, which means a hike of around Rs 30,000. Similarly, the salary of district judge (entry level) would be around Rs 60,000 and that of DJ (super time scale) Rs 70,000.

The logic given by Justice Padmanabhan, after extensive research and hearing of parties almost on a daily basis, was that the first NJPC had recommended salaries of the lower judiciary keeping in view the then salaries of HC judges which was fixed at Rs 26,000 and that of HC CJ at Rs 30,000, SC judges at Rs 30,000 and CJI at Rs 33,000. However, with the CJI and SC and HC judges getting more than three-fold hike in their salaries, the second NJPC thought of applying the same logic for trial court judges.

The salary structure for the higher judiciary got changed with retrospective effect, as the government in January this year agreed to revise the salary of HC judges to Rs 80,000, HC Chief Justices Rs 90,000, SC judges Rs 90,000 and CJI Rs 1 lakh.

The appointment of the second judicial pay commission had come through a judicial order of the apex court on April 30 in an application filed by the All India Judges Association.



Protest rally denounces NHRC report, Muslim leaders give memorandum to Home Minister
http://twocircles.net/2009jul28/protest_rally_denounces_nhrc_report_muslim_leaders_give_memorandum_home_minister.html
Submitted by admin3 on 28 July 2009 - 10:58pm.
By Mumtaz Alam Falahi, TwoCircles.net,
New Delhi: Mounting pressure on the Congress-led UPA Government at the Centre for a judicial probe into the Batla House encounter, the Coordiantion Committee of Indian Muslims (CCIM), an umbrella body of leading Muslim organizations, held a protest demonstration today at Jantar Mantar in New Delhi. CCIM was formed last year in the wake of rising incidence of minority witchhunting following terror strikes in the country.
Addressing the protest rally, CCIM leaders denounced the National Human Rights Commission report on the September 19, 2008 encounter as, they said, it is just a copy of the police version of the encounter. They rejected it saying it one-sided as the apex human rights body did not bother to talk to families of the victims, neighbors and civil and human rights groups who had exposed loopholes in the police story about the encounter.
Two Azamgarh youths, whom police described as terror suspects, were killed by the police in the shootout. Delhi police inspector M C Sharma had also sustained bullet injuries which he succumbed to in the evening on the same day.
NHRC in its report submitted to the Delhi High Court last week said the police did not violate any human right in this case. It opened fire in its self defence, said the report.
Addressing the protest rally Dr S Q R Ilyas, executive committee member, All India Muslim Personal Law Board, termed the NHRC report a blot and a question mark on its credibility. He described the report as shameful because it just toed the line of the police.
Abdur Rasheed Agwan, executive committee member, All India Muslim Majlise Mushawarat, said there should be a judicial enquiry for every encounter, not only for Batla House encounter. He refuted the government’s argument for not allowing probe that this will demoralize the police force. “Police can commit mistakes in executing its duty and so if it is found guilty in some case this will not demoralize them. But no enquiry in the Batla encounter will certainly demoralize the minority community,” he said.
Addressing the protestors Maulana Nizamuddin, leader of Ulema Council which has now become part of CCIM, said time has come for the people to rise against the opressive government. There is a need to change the power system so that the marginalized and minorities could get their rights, he maintained. We won’t sit unless our demand of judicial probe is accepted, he announced. Ulema Council had brought its supporters in three buses from Azamgarh.
Shia leader Maulana Zeeshan Hidayati also lambasted the NHRC for the report. “It is shameful that protector of human rights could not protect the rights of the innocents,” he said.

At the end of the protest rally, a delegation of the CCIM in the leadership of its convenor Mujtaba Farooq, who is political affairs secretary of Jamaat-e-Islami Hind, went to meet Home Minister P Chidambaram and demand judicial probe into the encounter. As the minister was not in the office, the delegation submitted a memorandum to his office.
Text of the memorandum:
A demonstration by citizens of Delhi was organized on July 28, 2009, under the auspices of the "Coordination Committee of Indian Muslims". The gathering demanded the following from the Government of India.
1) To ensure justice and transparency, all riots and disruptive acts of the last decade, should be probed into; by an independent high powered commission. The commission, should, is a time bound frame, identify the real culprits; the report of the commission should be made public.
2) The Batla House encounter 2008 should be enquired into, by a high powered judicial probe, to ascertain the truth. The gathering rejects all attempts to justify the police version; without conducting an independent inquiry based on independent accounts, by reliable witnesses.
3) Reforms should be initiated in the Police and Law Enforcement machinery and the recommendations of National Police Commission should be immediately implemented.
4) Effective legal mechanism should be evolved to check and curb police atrocities, illegal detentions, fake encounters, tortures, custodial deaths and fabricated accusations.
5) Harassment of relatives and well wishers of the detainees should be stopped and a whole locality should not be targeted or victimized.
6) Confidential reports and confessions extracted under duress must not be leaked to the media. Effective regulations and legal mechanism should be enacted to ensure fair and unbiased reporting in media.
7) All initiatives for undemocratic and unjust legislation should be stopped and all those legislations in various states should be cancelled wherein confessions in police custody are made admissible in courts or which allow police to keep persons arrested without filing charge sheets or which violate human rights in anyway.
8) Measures should be adopted to promote human values, respect for human life, tolerance and co-operation so that we can build a hatred free and peaceful India.
9) Justice should not be delayed. Comprehensive reforms in the judicial system should be initiated to ensure speedy delivery of justice. All those residing in jails for more than five years, pending a judgment in their case; should be immediately released. All those who are eligible for bail, but lack financial resources, should be granted bail and released from custody.
10) The horrible conditions in jails should be changed through comprehensive measures of j ail reform.
11) Those arrested in the aftermath of the deplorable Batla House episode are on police remand, even now after a passage often months. Under some pretext or other, they are being continuously harassed and tortured. This cruel process should immediately stop; their cases should be speedily brought to trial and decided, as per law.
Signed by:
Mr. Mujtaba Farooq, Secretary, Jamaat-e-Islami Hind,
Ml. Abdul Hamid Naumani, Secretary Jamiat Ulema Hind
Ml. Muqeem Faizi, General Secretary Markazi Jamiat Ahle Hadith,
Ml. Abdul Wahab Khilji, President Indian Islahi Movement
Ml. Ameeduzzama Keranvi, President Tanzim Abna-e-Qadeem Darul Uloom Deoband
Mr. A. R. Agwan, AIIMM
Dr. Tasleem Rahmani, President Muslim Political Council
Mr. Suhail K.K. President Students Islamic Organisation of India
Ml. Aamir Rashadi, President Ulema Council, Azamgarh
Ml. Zeeshan Hidayati, President Majlis-e-Fikro Amal
Dr. S.Q. R. Ilyas, All India Muslim Personal Law Board
Member Organisations:
Jamaat-e-Islami Hind, Jamiat Ulema Hind, Jamiat Ahle Hadees, All India Muslim Majlis Mushawarat, Muslim Political Council of India, Ulema Council Azamgarh, Students Islamic Organisation of India, Majlis Fikr o Amal, Majlis Ulema Hind



Ulema Council to protest at Jantar Mantar today
http://timesofindia.indiatimes.com/NEWS/City/Varanasi/Ulema-Council-to-protest-at-Jantar-Mantar-today/articleshow/4826284.cms
TNN 27 July 2009, 10:18pm IST
VARANASI: Questioning the report of the National Human Rights Commission (NHRC) on Batla House encounter, the Muslim clergy and other members of community left for New Delhi from Azangarh, Jaunpur and Bhadohi in several buses on Monday. They will stage a dharna at the Jantar Mantar in Delhi on Tuesday.

It will be the third such show of Ulema Council after holding dharna at the Jantar Mantar in New Delhi on January 29 and at Teele Wali Masjid in Lucknow on February 20.

Describing the NHRC report giving clean chit to Delhi police in Batla House encounter as the biggest lie of the century, president of Rashtriya Ulema Council Maulana Aamir Rashadi Madni alleged that it was not an impartial report, but aiming to save the skin of the then Union home minister and some officials. "We reject this report of NHRC and demand a CBI probe under the guidance of a judge of the Supreme Court," Madni told TOI over phone on Monday.

He said it was a symbolic programme to express protest against the biased attitude of the institutions like NHRC. "Several other organisations including Jamait-e-Islami Hind, Jamiyat-ul-Ulema Hind, Markazi Jamiyat-ul-Hind and Jamiyat Ahal-e-Hadeesh are taking part in the dharna," he said and added members of the community and other supporters left for Delhi on five buses and many other small vehicles. The dharna would begin at the Jantar Mantar at 11am on Tuesday.

It may be mentioned here that two youth, Atif and Sajid, killed in the shootout with police at Batala House in Jamiya Nagar area in Delhi, were the natives of Sanjarpur village of Azamgarh district. The arrested suspect Saif is also a native of the same village. Saif was also interrogated for his involvement in March 7, 2006 serial blasts in Varanasi.



NHRC awards Rs 3 lakh to false encounter victim's kin in UP
http://www.indianexpress.com/news/nhrc-awards-rs-3-lakh-to-false-encounter-victims-kin-in-up/495132/0
Agencies Posted: Tuesday , Jul 28, 2009 at 1915 hrs New Delhi:
The National Human Rights Commission (NHRC) has asked the UP government to pay Rs three lakh to the next of the kin of a woman who was killed by two police constables in a fake encounter in Agra in 2000.
The Commission also directed the UP Chief Secretary to submit the compliance report, along with proof of the payment of the monetary relief, within eight weeks from the receipt of its recommendation in the case.
Two constables of UP police -- Netrapal and Vijendra -- gunned down Manisha, 40, under Tajgang Police station area of Agra district in Uttar Pradesh on September 8, 2000 and cooked up a false story of encounter, the rights body said.
According to police, the NHRC noted, Manisha had an "illicit" relationship with one Shiv Narayan and on the night of occurrence she had gone with him inside a shed near a tubewell when the owner of the well Champa Ram, felt that some criminals were hiding inside and raised an alarm.
Police claimed that constables Netrapal and Vijendra who were passing by asked Narayan and Manisha to surrender but Narayan fired at them. The two constables retaliated and Manisha was killed, they claimed.
Dissatisfied with the police version, the rights panel directed the state government to order a CB-CID inquiry into the incident on July 18, 2001. NHRC 2 LAST
"CB-CID found that Manisha and Shiv Narayan had no arms with them and the police had made a false story of an encounter," the Commission noted.
The investigation by CB-CID also revealed that the seizure memos and other police records had been "fabricated", the Commission said.
CB-CID recommended prosecution of the two constables under Section 304 (culpable homicide) Indian Penal Code (IPC), it added.
The Commission took cognizance of the case on the basis of a complaint filed by Shir Gafoor, son of Manisha, in connection with the incident.




Bharti-MTN merger awaits nod from competition authorities
http://economictimes.indiatimes.com/News/News-By-Industry/Telecom/Bharti-MTN-merger-awaits-nod-from-competition-authorities/articleshow/4831998.cms
29 Jul 2009, 0115 hrs IST, Joji Thomas Philip, ET Bureau
NEW DELHI: The proposed $23-billion strategic equity alliance between Bharti Airtel and South Africa’s MTN will require clearance from the competition authorities of both countries, a person with direct knowledge of the deal told ET.

According to South African laws, its government must be notified of any deal on mergers before the proposed transaction is implemented. Then, if the deal creates an equity, whose combined annual turnover or assets are more than 560 million rand ($67.97 million), it will have to be investigated and cleared by the competition authorities, this executive added.

A Bharti-MTN merger will lead to the creation of one of the top five telcos globally with over 200 million customers and combined revenues of about $20 billion. The combined net worth of both companies will exceed the $60-billion mark.

The proposed $23-billion transaction between the largest mobile phone operators in India and Africa involves a complex structure through which both entities would pay cash and equity to each other for stakes in the two companies. The formula, if it works out, will result in Bharti Airtel getting a 49% stake in MTN and the South African telco a 36% “economic interest” in Bharti Airtel.

South African laws also state that large deals must also be cleared by the Competition Tribunal, which is part of the country’s Competition Commission. Any deal where the annual turnover or assets of the combined entity is more than 6.6 billion rand ($1.1 billion) is referred to the Competition Tribunal and the latter has 40 days to clear it, the executive explained. The Competition Tribunal can extend its 40-day tenure by a maximum of an additional 15 days.

“The Tribunal’s main functions are to grant exemptions, authorise or prohibit large mergers (with or without conditions) or prohibit a merger....,” according to the website of the Competition Commission of South Africa.
With regard to clearances from the Competition Commission in India, two executives aware of this development said it would be a mere formality as the deal did not have any bearing on the domestic telecom market here.

“Only provisions related to abuse of dominance or anti-competitive agreements are notified under the Competitions Law in India — the Bharti-MTN deal relates to neither of these,” the executive pointed out. He also added that Competition Law provisions relating to combinations (M&As) are yet to be notified by the Indian government, and therefore, the commission currently cannot investigate the deal even if were to receive complaints against it.”

Last week, an executive familiar with the discussions had told ET that both Bharti Airtel and MTN are likely to extend the July 31 deadline to finalise the deal.



NCW not satisfied with M.P. report on ‘virginity tests’
http://www.hindu.com/2009/07/15/stories/2009071560121600.htm
Special Correspondent
NEW DELHI: The National Commission for Women (NCW) on Tuesday described as “unsatisfactory” the report of the Madhya Pradesh government on alleged virginity tests conducted on brides during a State-sponsored mass marriage and decided to probe the matter on its own.
A five-member team of the Commission led by NCW member Yasmin Abrar will visit Shahdol in the State to study the execution of the scheme. The team will also have two experts, including a lawyer and a member of the Madhya Pradesh Women’s Commission.
“The report submitted to us by the Shahdol district administration of the State in this matter is not satisfactory,” said NCW Chairperson Girija Vyas.
Taking a suo motu cognisance of the matter, the NCW sought an interim report from the State government after the incident evoked a strong condemnation.
Madhya Pradesh Chief Minister Shivraj Singh Chouhan denied such tests, saying only “procedural medical examination” were carried out on June 26.




Resident doc gets bail in rape case
http://timesofindia.indiatimes.com/articleshow/4831801.cms
Kartikeya , TNN 29 July 2009, 02:25am IST
MUMBAI: Grant Medical College resident doctor Rahul Deshwal, charged by one of his juniors of raping her, has been granted bail by a court. Deshwal, an MS (orthopaedic) student who came to the city from Haryana, was arrested on July 7 after the 21-year-old MBBS student alleged that he repeatedly raped and assaulted her. He was in judicial custody at Arthur Road jail.

Deshwal's advocate, Niteen Pradhan, argued that he had been falsely implicated in the case, saying Deshwal was a "victim of circumstances''. Pradhan also said the doctor had not administered any birth-control pills to the victim as had been alleged by the police.

According to the police, Deshwal had first proposed to the victim some time ago and then, after promising to marry her, raped her. It was also alleged that he even physically tortured and raped her eight to 10 times in the past one year on the pretext of marrying her.

However, Pradhan said all charges were a "figment of the victim's imagination''. He also said Deshwal came from a respectable background and had no criminal antecedent. Moreover, it was argued that police had already collected evidence from his laptop and no further recovery was to be made from him. Deshwal said he was ready to abide by any condition that the court imposed on him at the time of granting him bail.



BMW case: SC upholds R K Anand's conviction, clears I U Khan
http://timesofindia.indiatimes.com/articleshow/4832815.cms
Dhananjay Mahapatra, TNN 29 July 2009, 10:51am IST
NEW DELHI: In an important judgment, the Supreme Court on Wednesday upheld the conviction of high-profile criminal lawyer R K Anand for contempt of court in the BMW hit-and-run expose and issued notice for enhancement of punishment. The apex court found special public prosecutor I U Khan’s conduct inappropriate but set aside his conviction and cleared him of contempt charges.

A three-judge Bench comprising Justices B N Agrawal, G S Singhvi and Aftab Alam, pronounced the verdict on Wednesday after watching original footage of the sting operation provided by the TV channel.

The court said that sting operation by the TV channel was in public interest. It was not trial by media and served a public purpose.

R K Anand and I U Khan had been stripped of their senior advocate designation by the Delhi High Court. The HC had found both culpable of influencing controversial prosecution witness Sunil Kulkarni in the infamous BMW hit-and-run case involving Sanjeev Nanda.

Both had appealed in the SC and pleaded that the HC had exceeded its jurisdiction by stripping them of the senior advocate designation, a decision which the regulatory body, Bar Council of India, alone could take.

They had also questioned the authenticity of the tapes relating to the sting operation on their alleged dealing with Kulkarni, which was broadcast by a TV channel, saying the HC had repelled their repeated plea for a forensic examination of the tapes.

The HC, in an unprecedented order, had convicted the two prominent lawyers, debarred them from practising in Delhi for four months and also imposed a fine of Rs 2,000 each for obstructing the course of justice by trying to influence the star witness.


Notice to ACP for wrongly jailing woman
http://timesofindia.indiatimes.com/articleshow/4832237.cms
TNN 29 July 2009, 03:33am IST
AHMEDABAD: A sessions court has issued show-cause notice to city crime branch sleuths to explain why a woman should not be compensated because they had wrongfully confined her for more than a year in a narcotics case.

Additional sessions judge RH Sharma has sought an explanation from assistant commissioner of police Usha Rada and police inspector DH Waghela in connection with the drug peddling case.

Rada lodged a complaint with the DCB police station against a Karnataka-based couple, Allasha Mastabnsha Durvesh and his wife Shahin, on June 25 last year. They were allegedly found in possession of 12.3 kg cannabis worth Rs 1.23 lakh from Chandola locality. The crime branch filed a charge sheet against them stating that the duo had come to the city to deliver narcotics to two persons — Ramdas and Khalil — and they were caught on their way.

During the trial, the crime branch could not establish its case and it transpired that Shahin did not have any of the drug on her. And she had to go to jail merely because she was implicated in the case after her husband was made accused. However, the court found loopholes not only in the chain of events presented by the investigating officer Waghela, but certain legal aspects could not be explained by the prosecution.

Ultimately, Durvesh was acquitted by the court by giving a benefit of doubt, but the judge gave an honourable exoneration to Shahin and pulled up the crime branch for unjust action against the woman. Along with the order of acquittal, the court served show-cause notices on Rada and Waghela.

The judge has categorically asked the two police officers regarding “heavy compensation” that could be given to Shahin for her wrongful confinement of 13 months in the central jail.



SIT records Rahul Sharma’s evidence
http://timesofindia.indiatimes.com/articleshow/4832238.cms
TNN 29 July 2009, 03:33am IST AHMEDABAD: The Supreme Court is likely to decide on the extension to be given to the Special Investigation Team (SIT) probing the Godhra riots by end of this week. Sources told TOI that SIT had also recorded statement of IPS officer Rahul Sharma who has submitted critical evidence on the calls made during the riots, thus establishing political leaders’ association with riots accused.

Before this, SIT had already used Sharma’s phone call records as evidence to establish the culpability of former minister Dr Maya Kodnani and to arrest her.

Reacting to a TOI report published on Tuesday, retired director general of police RB Sreekumar said that his statements were recorded by Gujarat officers, one of a superintendent of police rank, VV Chaudhary who is posted in CID (Intelligence) and another deputy SP in the presence of retired CBI officers A K Malhotra and Paramveer Singh.



Lok adalats lower court load
http://timesofindia.indiatimes.com/articleshow/4832015.cms
TNN 29 July 2009, 01:29am IST
CHANDIGARH: From minuscule 97 in 1999 to massive 4,678 by June-end, the beneficiaries of the State Legal Services Authority continue to swell. Playing the role of a quasi-judicial adjudicator-cum-mediator, the authority has been successful in settling disputes between parties amicably and expeditiously at pre-litigation stage, thereby reducing the workload of courts.

Its most popular modus operandi remains lok adalat, an innovative mechanism evolved for resolving disputes in a spirit of conciliation outside courts and without delay and recrimination. The number of beneficiaries bears testimony to effectiveness of this tool. The authority had been constituted in 1998 under the State Service Authority Act, 1987, with the objective of providing legal aid to the poor, downtrodden and weaker sections of the society to secure their legal rights.

With pendency of the motor challan cases touching a record 30,000, the authority decided to hold mega lok adalats to dispose them of. In 2007-08, it held three mega lok adalats where 13,024 summary cases pertaining to Section 138 of the Negotiable Instruments Act and traffic challans were disposed of. And in 2008-09, it held three mega lok adalats and disposed of as many as 14,340 cases and recovered fine to the tune of Rs 13,33,850.

The authority also organized Samadhan-2008 where cases pertaining to execution, the Hindu Marriage Act, civil suits, rent cases, criminal appeals, revision succession, MACT, labour cases, cases under Section 138 of Negotiable Instruments Act, Section 125 CrPC were taken up. A total of 34,446 cases were settled and an amount of Rs 7.78 crore was awarded as compensation.

It also arranged 19 special lok adalats in 2007 to settle cases of bank recovery, financial institutions, and matrimonial disputes in 2007 and decided 256 cases at pre-litigation stage. In 2008, the authority disposed off 804 cases at 35 special lok adalats.



Court clears air on security cheque bounces
http://timesofindia.indiatimes.com/articleshow/4832123.cms
Supriya Bhardwaj29 July 2009, 02:02am IST
CHANDIGARH: When the court acquitted Kuldip Kaur recently, it also cleared the air on security cheque bounce cases to provide relief to many harassed litigants facing trials for allegedly dishonouring bank documents.

Even as Negotiable Instrument Act (NIA) clearly stated that a person was liable to face criminal proceedings only if a cheque issued for discharge of a legal liability bounced, legal experts were wary about the rise in unwarranted cases related to those concerning security cheques. Thankfully, that has now been taken care of.

The court of judicial magistrate, while acquitting Kaur, held that if a cheque issued as security bounced, then one was not guilty as provisions of NIA could not be applied to such a case. Dismissing the criminal complaint filed under various sections, including 138, of NIA against Kaur and her husband by an immigration consultancy company, the court held, “The cheque was issued undated at the time of execution of contract, when there was no liability of the accused to pay balance fee. It was only to be paid on receipt of visa or in case of a breach of contract, but none of these conditions was fulfilled... it does not entitle the company to present the cheque to recover balance fee which was issued as security.”

According to the complaint, in January 2003, the Sangrur couple had approached the immigration company in Sector 8, seeking assistance to get permanent residency in Canada. The amount settled between them was Rs 64,000, of which Rs 10,000 was paid and a cheque of Rs 54,000 issued to the company, with an instruction that it should be encashed whenever professional fee became payable.

The company claimed that they had asked for some documents to process the visas, but the couple didn’t provide the same. But even as the company claimed the couple might have become disinterested in emigrating, it nonetheless presented the security cheque in a bank.

Advocate Ravinder Sharma said, “This order will impact 150 such cases filed by the same immigration company.... In case someone misuses cheque issued as security, under Section 406 (criminal breach of trust) of IPC, an FIR can be lodged.”

While 55,000 cheque bounce cases of varwere pending in district courts, advocate Sandeep Suri, representing various financial institutes, said, “This verdict will be applicable to all cases where post-dated cheques were received as security....”



2 acquitted of murder charge
http://timesofindia.indiatimes.com/articleshow/4832073.cms
TNN 29 July 2009, 01:48am IST
CHANDIGARH: The court of additional district and sessions judge Raj Rahul Garg acquitted Uma Shanker and Ram Pratap in a murder trial wherein it was alleged that these brothers had killed Abhay Tiwari just for Rs 3,200.

Allegations levelled were that the accused had borrowed Rs 3,200 from Baddi resident and had called him to town to return the amount to him. Allegedly, instead of making payment, the duo killed Tiwari near the drain in Sector 52 on the intervening night of June 10 and 11, 2008.

An FIR was registered in the year 2008 on the complaint filed by Tiwaris nephews and a local court had framed murdered charges against the two in March 2009.

Though prosecution had produced 18 witnesses to prove its allegations, the court didn’t find evidence to convict them.