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Thursday, April 29, 2010

LEGAL NEWS 29.04.2010

Bombay High Court dismisses PIL against Shiv Sena over MNIK
http://www.dnaindia.com/mumbai/report_bombay-high-court-dismisses-pil-against-shiv-sena-over-mnik_1377054
PTI
Thursday, April 29, 2010 19:57 IST
Mumbai: The Bombay High Court today dismissed a PIL seeking action against Shiv Sena and its leadership for inciting violence at the time of release of Shah Rukh Khan starrer My Name is Khan.
Actress Kunika Lal's PIL said that the entire police machinery had to be deployed to maintain calm because of Sena's threat to disrupt screenings of the film.
Lal said that the cost for this security be recovered from Sena, its chief Bal Thackeray, executive president Uddhav Thackeray, and senior leader Sanjay Raut, it said. She also sought criminal action against them.
However, a division bench of justices JN Patel and SC Dharmadhikari said that "PIL does not make out the case against the state that it failed to provide security to people" during this episode.
"Law and order is the concern of the state... petitioner is at liberty to raise the issue before the legislature," the bench held.
The court also remarked, during the argument, that "majority of people are following them (Shiv Sena). What can be done?"
Trouble began when Shah Rukh questioned the absence of Pakistani players from the third edition of IPL. Protesting against his remarks, Sena tried to halt the screening of MNIK.
But the film was released in Maharashtra and other parts of the country as scheduled amid tight security bandobast.


HC seeks reply on PIL regarding meat shops near airport
http://www.ptinews.com/news/632174_HC-seeks-reply-on-PIL-regarding-meat-shops-near-airport
STAFF WRITER 19:10 HRS IST
Mumbai, Apr 29 (PTI) The Bombay High Court today sought reply from Principal Secretary of the aviation ministry on the menace caused by meat shops and slaughter houses in the vicinity of Mumbai International Airport.The court was hearing a PIL filed by one Datta Mane alleging the shops selling meat and chicken attract birds, which sometimes result in aircraft being hit by them.Division bench of Justices J N Patel and S C Dharmadhikari asked the Union aviation secretary as well as Maharashtra chief secretary and Commissioner of Mumbai Municipal Corporation to file replies by June 30.According to the petitioner, the information obtained under Right To Information Act reveals that there are over 200 shops selling meat or chicken within 10 km radius of the airport.The waste generated by these shops ends up in open garbage dumps and attracts birds, the PIL said.






HC Notice TN Government on Sri Lankan Refugee's petition to close Camp
http://www.asiantribune.com/news/2010/04/29/hc-notice-tn-government-sri-lankan-refugees-petition-close-camp
Thu, 2010-04-29 11:46 — editor
Sathyalaya Ramakrishnan reporting from Chennai
Chennai, 29 April, (Asiantribune.com):
The Madras High Court has ordered notice to Tamil Nadu Government, on a Public Interest Litigation(PIL) writ petition filed by Sri Lankan refugee, seeking to close the Poonamallee Camp and shift the refugees to other camp in the state.
While admitting the PIL on Wednesday, the division bench comprising, Justice Elipe Dharma Rao and Justice K K Sasidharan directed the state government to file response within two weeks.
In his PIL , Gangadaran alias Murthy, a Sri Lankan refugee, said he was earlier lodged in the Special Camp at Chengalpattu “which was totally unfit for a person to reside along with the members of his family.” The rooms were small and the inmates did not have sufficient space even for moving around. When some of the inmates went on a hunger strike on February 2 this year seeking redressed, there was a lathi charge and the inmates were seriously injured.
The injured persons were remanded to judicial custody. They were later granted bail. After their release on bail they were taken to the Poonamallee special camp. In all, there were now 19 refugees in the camp.
The petitioner further alleged that the camp was worse than the one at Chengalpattu. The refugees were living like prisoners in the camp which could not be considered as a residence. The facilities in the camp were poor. Thus, a discriminatory treatment was being meted out to the inmates of the Poonamallee camp as compared with the other refugee camps in the State.
He also sought a direction to the authorities to complete investigation in all cases registered against the petitioner and other refugees in the camp within a reasonable time.
- Asian Tribune -




Astrology a time-tested science more than 4000 years old, can not be banned
http://www.infocera.com/Astrology_a_time-tested_science_more_than_4000_years_old,_can_not_be_banned_9017.htm
Posted by Rajni Sharma 29/04/2010
In the affidavit filed in a reply to a PIL to ban astrology and related activities, Government of India has said, astrology is a time tested science and can not be banned. The PIL has sought ban of astrology and advertisements related to astrology. The next hearing of the case will be in June 2010.The petitioner has named popular astrologers of the country as party to the petition. However, most of them have not filed their replies and hence hearing has been deferred further.In affidavit filed by government in reply to PIL, Dr R Ramkrishna, Deputy Drugs Controller, government of India, said, ""ban on astrology and related sciences sought by the petitioner, which is a time-tested science more than 4000 years old, is totally misconceived and unjustifiable". The basis of reply in affidavit is based on Supreme Court statement which says that the act can be applied only for misleading practices and their promotions which are not based on facts or scientific logic like improvement of sexual power.Astrology has been practiced in India for centuries and has been widely followed by many people in their professional and personal life. Astrology is used to get information on right time for various activities, getting rid of bad times etc.






‘Ecocab can become viable and eco-friendly means of transport’
http://www.indianexpress.com/news/-Ecocab-can-become-viable-and-eco-friendly-means-of-transport-/612632
Express News Service
Posted: Thursday , Apr 29, 2010 at 2318 hrs Chandigarh:
Hight Court makes IE report on Ecocab a PIL, sends notices to Punjab govt
Taking cognisance of a news item, “With Ecocab, Fazilka shows the way”, which appeared in The Indian Express on April 26, Punjab and Haryana High Court Chief Justice Mukul Mudgal has converted it into a public interest litigation (PIL).
Taking suo motu notice of the news item, the chief justice held: “If the facts appearing in the report are correct, the matter deserves to be looked into in this court’s PIL jurisdiction.”
The order said: “With its (cycle-rickshaws’) transformation into Ecocab, it is on the way to become a viable and eco-friendly means of transport for all. It will be available on a phone call, to be made to Ecocab booths. The initiative is praiseworthy. Various organisations are said to be taking interest in the project. Ecocab has the potential to replace carbon dioxide emitting cars and other motor vehicles.”
A division bench comprising the chief justice and Justice Jasbir Singh has issued notices to the Punjab government.
The news item highlighted the role of School of Planning and Architecture (SPA), New Delhi, at the asking of Graduates’ Welfare Association of Fazilka (GWAF) in designing a lighter cycle-rickshaw named as Ecocab. The Fazilka Nano, as the model is named by a member of the GWAF, was launched on April 4 on the occasion of Fazilka Heritage Festival. Not only lighter in weight than the traditional rickshaw, it has been designed to give a comfortable ride to people travelling short distances in towns and cities, the report had noted.






Jharkhand Chief Minister Shibu Soren will resign if the BJP initiates government formation with the Jharkhand Mukti Morcha, his son Hemant, says.
http://www.ptinews.com/news/631680_Pre-maritial-sex-not-a-statutory-offence--SC
STAFF WRITER 16:46 HRS IST
Pre-marital sex not a statutory offence: SC New Delhi, Apr 29 (PTI) The Supreme Court has held that pre-marital sex is not a statutory offence and criminal law cannot punish individuals merely for expressing "unpopular views" justifying such acts as it would violate freedom of speech and expression."While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting, with the exception of 'adultery' as defined under Section 497 IPC," the apex court said in a judgement.A three judge bench of Chief Justice K G Balakrishnan rpt Balakrishnan and justices Deepak Verma and B S Chauhan passed the judgement while quashing the criminal cases filed against popular south Indian actress Khushboo for her views on "pre-marital sex".






HC stops work on Shivaji Park beautification
http://timesofindia.indiatimes.com/city/mumbai/HC-stops-work-on-Shivaji-Park-beautification-/articleshow/5870776.cms
Shibu Thomas , TNN, Apr 29, 2010, 06.15am IST
MUMBAI: The Bombay high court on Wednesday put paid to the Shiv Sena-ruled BMC’s plan to unveil a mural of Chhatrapati Shivaji at Shivaji Park as part of the celebrations of Maharashtra Day on May 1. A division bench of Justice F I Rebello and Justice Amjad Sayed passed an interim order, directing that work on the corporation’s Rs 4.43-crore beautificaiton plan for the Dadar park be stopped. Hearing a public interest litigation (PIL) filed by two citizens challenging the makeover plan, the judges directed the BMC to respond to the allegations before the next date of hearing slated for May 5. Shivaji Park is a landmark maidan for Mumbai, establishing its reputation as the playground of cricket icons, including Sachin Tendulkar and Sunil Gavaskar. The park is spread over 93,700 sq m. The petitioners, Durgesh Warty and Manoj Govel, alleged arbitrary and illegal action even as the contracts, which ran into crores of rupees, were given out without inviting tenders. The Shivaji Park beautification was planned in three phases. The first phase, for increasing the green cover, was completed at a cost of Rs 1.90 crore. In the second phase, the pathway was to be relaid, fibre benches installed and wall repaired at a cost of Rs 3.15 crore. The third phase involved the construction of two walls behind the Meenatai Thackeray statue and murals depicting the coronation of Chhatrapati Shivaji at a cost of Rs 1.28 crore. According to the petitioners, the work on the second phase was given to Ms Valson and Karan builders. The third phase was sanctioned in a meeting on March 10 at the mayor’s bungalow, where Sena MLA Diwakara Raote was also present, the petitioners said. The work orders were issued to Ms Ana Associates without tenders or the authorisation of the standing committee, the petitioners claimed, adding that it was done under political pressure. “The mural would have reduced the width of the approach road to the park. It is not allowed to build any structure in a playground like Shivaji Park,’’ said the PIL.



HC dismisses petition against Kamal
http://www.indiaglitz.com/channels/tamil/article/56583.html
IndiaGlitz [Thursday, April 29, 2010]
The Madras High Court on Wednesday dismissed a petition seeking a direction to the police to register a criminal case against Kamal Haasan, claiming that he had stolen an assistant director’s story to make ‘Dasavatharam’.
Justice R Regupathy was passing orders on a petition filed by Senthilkumar, an assistant director, who claimed that he had submitted a script titled ‘Arthanari’ to Kamal who had made it as ‘Dasavatharam’.
When the matter came up for hearing, the government advocate told the court that an Inspector-level officer inquired allegations made by Senthilkumar (that he was threatened by men owing allegiance to Kamal) and found they were not true.
Following this, the Judge recorded the statement of the government advocate and closed the matter without passing any orders. ‘Dasavatharam’, which had Kamal in 10 different roles, hit the screens in mid-2008.






Return Rs 80 lakh to Rajmata kin: HC
http://timesofindia.indiatimes.com/city/jaipur/Return-Rs-80-lakh-to-Rajmata-kin-HC/articleshow/5870166.cms
TNN, Apr 29, 2010, 05.40am IST
JAIPUR: In a major relief to the ex-royal family of Jaipur, the Delhi High Court on Wednesday asked the Union government to refund Rs 80 lakh to the family, which the I-T department had collected as fine for keeping 800 kg of undeclared gold. The gold, listed as the private property of Rajmata Gayatri Devi's husband, late Maharaja Sawai Man Singh, was seized by Income Tax department in 1975 as the family had not declared it to the authorities as stipulated by the Gold Control Act (GCA), 1968. The case was dragging in the court for the past 35 years ever since the I-T sleuths recovered the "undeclared" gold from the family in 1975. The I-T move was also seen as a fallout of the soured relations between Rajmata Gayatri Devi and the then prime minister Indira Gandhi. In fact, Gayatri Devi had to go to jail on the same issue. On Wednesday, Justice S Muralidhar held that the action taken by the government was not in accordance with the law as Maharaja Sawai Man Singh had died prior to tax officials' raid at the premises of the royal family in 1975. "Proceedings under the GCA, which have not been initiated against a person during his lifetime, cannot be initiated and continued against his estate after his life time," the court observed. Gayatri Devi had died on July 29 last year. The order came on a petition filed by Man Singh's successor and eldest son Brigadier Bhawani Singh (retd), who had challenged the government decision to impose a fine of Rs 80 lakh for possessing undeclared gold. The court directed the Centre to refund Rs 80 lakh together with simple interest of 6% per annum from the date on which the fine in lieu of confiscation was paid till the date of its refund. The government, during previous hearings, had argued that under the Gold Control Act and the Indian Defence Rules 1968, possession of raw gold was illegal and, if found, it had to be sold to the authorised dealers or a goldsmith within six months. The Centre had also cited that the family had violated both the rules, so a fine of Rs 1.5 crore was imposed on them by the government. It was later reduced to Rs 80 lakh. Countering the act of I-T department, petitioner Bhawani Singh, among other things, had cited as how he risked his life and fought for the country in the 1971 India-Pakistan war in spite of his parentage and position in life. He was so devoted to the country that he fought the war and got Mahavir Chakra for gallantry during 1971. "A person of such high devotion to the country's cause would not go and break the laws of the country knowingly," his counsel had contended, urging that the confiscation order and fine be quashed and the government's action be declared null and void.





Sarojini Nagar shelter lacks basic facilities, NGO informs HC
http://timesofindia.indiatimes.com/city/delhi/Sarojini-Nagar-shelter-lacks-basic-facilities-NGO-informs-HC-/articleshow/5870798.cms
TNN, Apr 29, 2010, 06.26am IST
NEW DELHI: If governmental apathy and bone chilling winter took its toll on Delhi’s homeless, the summers has brought little respite, the Delhi High court came to know on Wednesday. A division bench comprising acting Chief Justice Madan B Lokur and Justice Mukta Gupta was informed by an NGO involved in providing shelter for the homeless that the facility being run by the authorities at Motia Khan near Sarojini Nagar suffered from lack of even basic amenities like water and proper sewage system. HC then appointed a lawyer as local commissioner to go and inspect the site and report back on what is lacking at the facility. It also asked the NGO, NDMC and MCD to come up with alternate locations where minimum basic facilities could be provided to the homeless and they could be sheltered. ‘‘Your report must clearly indicate the sewage and water facilities at the site. The civic authorities must come up with alternate sites where the residents can be shifted,’’ the HC bench directed while giving the lawyer, Firdaus Wani, a weeks time to submit her findings. Earlier, the NGO alleged there was only one tap installed at the ground floor of the three storey shelter at Motia Khan and all bathrooms were blocked giving rise to unbearable stench and forcing the residents to flee outside. While the NGO blamed the authorities like NDMC for harassing the homeless, HC pointed out that it was not an adversarial litigation. ‘‘We have to keep the best interest of the homeless in mind’’ the court remarked asking all parties to propose other places where homeless can be provided with temporary shelter. HC was hearing a matter it took up suo moto on the basis of a TOI report highlighting death of homeless at Pusa Road in December last year because they were not provided with a shelter and had to spend nights in the open in biting cold.






HC asks hospital if 13-year-old rape victim can undergo abortion
http://www.indianexpress.com/news/hc-asks-hospital-if-13yearold-rape-victim-can-undergo-abortion/612829/0
Express News Service
Posted: Thursday , Apr 29, 2010 at 0235 hrs Ahmedabad:
The Gujarat High Court (HC) has demanded a certificate from the head of the Gynaecology Department of Surendranagar Civil Hospital whether the minor rape victim — seeking permission to terminate her pregnancy — is physically fit for abortion.
Justice A S Dave passed an order while acting on a petition filed by a 13-year-old rape victim.
According to the details of the case, the victim, daughter of a labourer couple in Surendranagar district, was repeatedly raped by her neighbour who had employed her as a cook at his home.
The girl and her family lodged a complaint with the Halvad police station on March 11 after they found her pregnant.
Her parents took the girl to a local clinic for an abortion but the doctor refused, telling them to first secure permission from a court.
The girl, through her mother, moved a petition in the Dhrangadhra Sessions Court under the provisions of the Medical Termination of Pregnancy Act, 1971.
But the court rejected the plea saying there was no evidence on record to show that the health of the girl would suffer because of her pregnancy.
Racing against time to get legal permission to abort within a medically safe period, the girl moved the High Court, saying that pregnancy from rape was a mental agony.
The counsel for the girl submitted that it had been established beyond doubt that rape had led to her pregnancy and this fact could affect the girl’s mental health.
The High Court on Wednesday ordered that the girl be examined by a head of the Gynaecology department to see whether the girl is physically fit to undergo an abortion.
The case will come up for hearing on May 4.




Govt to HC: Will hold camps to inform Games site workers about their rights, wages, benefits
http://www.indianexpress.com/news/govt-to-hc-will-hold-camps-to-inform-games-site-workers-about-their-rights-wages-benefits/612714/0
Utkarsh Anand
Posted: Thursday , Apr 29, 2010 at 0048 hrs New delhi:
With the Delhi High Court keeping an eye on violation of labour laws at Commonwealth Games construction sites, the Delhi government has decided to approach the workers by organising awareness camps.
These camps will be organised between May 1 and 7 at all nine districts of the city, the court was told on Wednesday. The workers would be told about their rights relating to wages, safety measures and other beneficial schemes at these camps.
The government has also formed a six-member committee to simplify disbursement of various benefits to labourers working on projects for the October 3-14 sporting event.
A court-appointed monitoring committee had earlier indicted all government authorities involved in Games projects for appalling work conditions at these construction sites.
In reply, the government’s counsel on Wednesday submitted a status report before a Division Bench of acting Chief Justice Madan B Lokur and Justice Mukta Gupta.
The report, forwarded to the Bench by the government’s standing counsel Najmi Waziri, said the Delhi government has served notices to all agencies involved in hiring workers for Games projects. The agencies have been asked to furnish all information along with a list of workers engaged at various construction sites, the report said.
After receiving the information, the Construction Board would register the labourers and issue them a passbook, it said. .
The report said 26,340 workers have been registered till date, with 658 registered in the last 10 days.
The 226-page report said a six-member committee was formed on April 13 to delegate financial and administrative powers to district deputy labour commissioners. This is to simplify the process of disbursing various benefits to the workers, the court was told.
According to the report, the Labour department had issued inspection notices to 48 establishments carrying out construction work. “In these notices, employers or contractors have been directed to furnish wage records, facilities and safety provisions available to workers at construction sites,” it said.
While the report said action would be taken against contractors who fail to file a compliance report, Waziri submitted that only the Central Public Works Department and the Delhi government had given a “partial reply”. No other government agency — MCD, NDMC, DDA, Delhi Jal Board, Delhi International Airport Limited, Delhi Metro Rail Corporation and the Sports Authority of India — have responded to the notices.
Satisfied with the contentions, the Bench adjourned the matter till next week and directed other agencies to file their affidavits by the next date of hearing. The report submitted in March had recorded 43 deaths at various Games construction sites till then and had criticised the working conditions.







Jharkhand HC serves showcause on state govt regarding Madhu Koda casehttp://www.indlawnews.com/Newsdisplay.aspx?296b968d-c919-4f3d-b8df-061dc3b8df1b
4/28/2010
The Jharkhand High Court served a showcause on the state government why CBI inquiry could not be conducted against Chandra Prakash Choudhury, Dulal Bhuniya (both former ministers) and close associate of former chief minister Madhu Koda--Sanjay Choudhury and Vinod Sinha-- in connection with Disproportionate Assets (DA) case. A division bench of Chief Justice Gyan Sudha Mishra and Justice R R Prasad passed it while hearing a PIL filed by one Durga Oraon. During the argument, Income Tax department filed its progress report about Koda and associate in a sealed cover as per court’s earlier order. The Enforcement Directorate (ED) asked for some more time to file the progress report as investigation was going on in six other countries against Koda and his associates. Vinod Sinha pleaded before the court that as per the Supreme Court order, the CBI could not be directed to investigate the case without the state government’s consent. The petitioner informed the court that no case was registered against Chandra Prakash Choudhury, Dulal Bhuniya, Sanjay Choudhury and Vinod Sinha till date. Even no action was taken so far against two other former minister-- Bhanu Pratap Shahi and Bandhu Tirki.UNI




Thachankary row: AG not to appear in HC
http://www.mathrubhumi.com/english/news.php?id=90831
Kochi: Advocate general Sudhakara Prasad informed his unwillingness to appear in the Kerala High Court on Thachankary row. He informed his inconvenience when the state government is going to file a writ petition before the Division Bench of High Court against the stay order on Thachankary's suspension issued by Central Administrative Tribunal, today. Additional advocate general will be present for the government The Advocate General's office after completing the procedures regarding this had send the petition for approval to the CM's office. The appeal which was thoroughly scrutinized by the Chief Minister's office and the Law department together so as not to give any chance for loop hole, would be submitted in High Court.Earlier the government pleader failed to submit the claims prepared by the government during the trial by the CAT which resulted in CAT issuing a stay order on suspension. Chief minister who was thoroughly dissatisfied with the move sought explanation from the AG in this regard. Though CM asked AG to present himself in the trial, AG did not represented government and send junior government pleader instead of him. In its calims the government had pointed out that it is not for the first time that Tomin J Thachankary had made breach of laws and hence he couldn't be exempted from action. He had already been warned, for making unauthorized foreign trips before the present issue. Also the findings of the DGP and Vigilance ADGP was added along with the petition to prove their argument.






Cong leader moves HC against criminal plea
http://www.3dsyndication.com/showarticlerss.aspx?nid=mYeSYHIge3PcDHDuK9tw6HiP8con3dPuls4bzezHvldntVDY=
DNAHM31125 4/29/2010 Author : DNA Correspondent WC :215 Crime & Law
Adam Chaki says he has been falsely implicated in a case A Bhuj-based Congress leader has moved a petition before Gujarat high court seeking to quash a criminal complaint against him made allegedly on behest of a corporate group. After primary hearing of the petition, justice Anant Dave has issued notices to local police and others and posted the hearing for next month. Adam Chaki, vice-president of Gujarat Pradesh Congress Committee (GPCC), claimed that he had been falsely implicated in a case for creating public disturbance by staging demonstrations against a medical college run by the Adani group. He claimed that he was targeted as he was from the opposition party and had reported irregularities in Bhuj medical college run by Adani group, to the inspection team of Medical Council of India (MCI). The state government has handed over the running of the medical college of Bhuj to Adani group. Chaki, through his counsel Hashim Kureshi, claimed that on February 16, the Kutch Medical College Ladat Samiti had carried out demonstrations before the MCI team to highlight their grievances against the staff and management of the medical college. He had left the place after handing over his representation about the irregularities in the college, to the MCI team. But, later on, police included his name as an accused with others for creating trouble through the demonstrations.




Supreme Court quashes criminal proceedings against Kushboo
http://www.thehindu.com/2010/04/29/stories/2010042951060100.htm
J. Venkatesan
New Delhi: In a big relief to actor Kushboo, the Supreme Court on Wednesday set aside a Madras High Court judgment directing the chief metropolitan magistrate, Egmore, to conduct a joint trial of the 23 defamation complaints filed in various places in Tamil Nadu for her alleged remarks on pre-marital sex.
A Bench of Chief Justice K.G. Balakrishnan and Justices Deepak Verma and B.S. Chauhan allowed Ms. Kushboo's appeal against the April 30, 2008 judgment, which ordered consolidation of all cases for a joint trial and disposal of the complaints filed by Kanniammal and others in six months.
Ms. Kushboo said that in a survey conducted by India Today in September 2005 on ‘pre-marital sex', she expressed her views on the need for teaching the younger generation sexology either in educational institutions or by parents. However, she said, certain groups having political affiliation, in view of a by-election in October/November 2005, started a vilification campaign against her solely for achieving political mileage and publicity. Objecting to her statement in the magazine, 23 complaints were filed against her under Sections 499 and 500 of the Indian Penal Code (criminal defamation) in various places to harass and victimise her.
Ms. Kushboo argued that the fundamental right of freedom of speech and expression could not be impinged upon by vested interests which had unleashed a campaign of systematic complaints. The Supreme Court accepted her contentions and quashed the criminal proceedings pending against her.
In May 2008, it had stayed these proceedings.






The ULIPs controversy and a Delhi High Court decision
http://indiacorplaw.blogspot.com/2010/04/ulips-controversy-and-delhi-high-court.html
Wednesday, April 28, 2010
The ULIPs SEBI/IRDA tussle takes new turns practically every week and would not warrant further posts to my last one, (which was also followed by another post by a learned contributor) till either the Court decides the issue or the law is amended. However, I stumbled across a recent decision of the Delhi High Court (Chanchal Jain vs. SEBI (95 SCL 31 (2009)) dated July 24, 2009) on a related matter that is worth a quick mention here for several reasons.

Firstly, it apparently goes back to what is said to be the root of the current controversy and that is the ban on entry load/commission payment by mutual funds. Secondly, it also, albeit indirectly, considers mutual funds schemes vis-à-vis insurance policies and the fact that insurance policies command a higher commission. Finally, though not specifically on ULIPs, it is perhaps the only other recent decision (as far as I know) that deals to some extent directly with the current controversy.

Curiously, as will be seen later, on one hand the initial statements of the Court specifically state that SEBI has no power over life insurance policies and thus on first impression may appear to go against the recent SEBI Order on ULIPs. On the other hand, the reasoning given for distinguishing insurance policies and mutual fund units actually support the SEBI decision.

I have focused here on just one point of this decision but readers may find it generally worth reading the decision for other points.

Readers may recollect SEBI had issued a circular on June 30, 2009 whereby entry load on mutual fund schemes was banned and certain further disclosure requirements made. A writ petition was filed against this circular before the Delhi High Court.

While various contentions were raised, one relevant point made was that Article 14 of the Constitution was infringed since the petitioners have been discriminated. It was submitted that, “LIC agents are entitled to commission, which can go upto 40 per cent”.

The Court rejected this submission and it is interesting to read the reasoning of the Court:-

“The said contention has no merit. Life Insurance policies serve a different purpose and object. Life Insurance policies form a separate class and cannot be clubbed with mutual funds. SEBI does not control and regulate life insurance policies. It is well known that rate of return in an LIC policy is substantially lower. The primary object of a life insurance policy is to secure and benefit beneficiaries on death of the insured. The rate of return in mutual funds is market driven. It is not possible to accept the contention of the petitioner that insurance policies and their agents and mutual funds, agents and distributors form the same class and must have same rules of trade and charges. Article 14 does not prevent classification but ensures that there is no discrimination by treating two equals differently. Role of a distributor of a mutual fund is distinct and separate from the role of a life insurance agent.”. (emphasis supplied)

To reiterate, the first part makes it clear that SEBI has no jurisdiction over life insurance policies. However, the Court quickly followed this by briefly explaining what is a life insurance policy and how it is different from mutual funds.

Unfortunately, the peculiar concept of ULIPs which, as SEBI has shown with calculations, are often 98% mutual fund units, was not placed before the Court. Thus, while one cannot apply this decision directly to ULIPs, this decision should provide one more piece in the unraveling of the complex legal jigsaw concerning ULIPs and the powers of the two regulators.

- Jayant Thakur, CA.





Delhi HC grants bail to rape convict who is terminally ill
http://timesofindia.indiatimes.com/city/delhi/Delhi-HC-grants-bail-to-rape-convict-who-is-terminally-ill/articleshow/5865553.cms
Apr 28, 2010, 04.49am IST
NEW DELHI: The Delhi High Court on Tuesday directed the Tihar jail authority to release on bail a rape convict who has been reportedly suffering from an "incurable'' disease since May last year. Justice Siddharth Mridul in an order directed that Satyam Singh, sentenced to seven year imprisonment for raping a minor girl, to be released on furnishing a bond of Rs 5,000 and a surety of like amount to the satisfaction of the trial court. "Prisoner (Singh) is reported to be terminally ill and suffering from what is commonly termed as incurable disease. In the circumstances, it is directed that the appellant to be released on bail...'' said Justice Mridul while referring to a court's 2007 order in which it was directed that the under trials who were terminally ill could be released on bail on humanitarian grounds. Justice Mridul's order came following a medical report filed by the jail authority stating that Singh has been suffering from chronic liver decease with symptoms like loose motion, bleeding from rectum, pain in abdomen and weakness. In April last year, a city court had sentenced Singh to seven-year imprisonment and a fine of Rs 1,000 for raping a 12 year-old girl, his neighbour, in 2008. PTI




HC stays construction of Dabolim mega project
http://timesofindia.indiatimes.com/city/goa/HC-stays-construction-of-Dabolim-mega-project/articleshow/5866135.cms
TNN, Apr 28, 2010, 05.34am IST
PANAJI: The high court of Bombay at Goa has on Tuesday directed the developers of a residential project coming up at Dabolim not to carry out further construction until the Union ministry of environment and forests takes a further decision in the matter. A division bench of Justice S J Vazifdar and Justice U D Salvi issued the direction while hearing a petition filed by Goa Foundation and one Edwin Mascarenhas. The petitioners have challenged the project being developed by Sarasvati Builders and Constructions and Anand Builders. The petitioners' lawyer, Norma Alvares, pointed out that the ministry of environment and forests (MoEF) had taken a decision to keep the environment clearance granted to the project of Sarasvati Builders and Constructions "in abeyance" till the matter is reviewed by the union ministry. The order dated April 15, 2010, directs the builders not to proceed with the construction on survey No. 43/1 till a detailed examination of all the issues raised in this writ petition are re-examined by the Expert Appraisal Committee, Alvares told the court. The lawyers, appearing on behalf of the developers, informed the court that the developers had sold the plots in the property after taking approvals from the government . The bench, thereafter, directed the builders not to carry out any further construction in view of the order passed by the ministry. The court also directed the individual owners of around 43 plots in the project to maintain status quo. The court has made it clear that even if the required permissions are obtained by them, no further construction should be carried out without seeking permission from the high court. The petitioners have claimed that the project comes under a forest area, which has been demarcated as a No Development Zone in the draft Regional Plan 2021.





Inmate's education: HC issues notice to states, UT
http://timesofindia.indiatimes.com/city/chandigarh/Inmates-education-HC-issues-notice-to-states-UT/articleshow/5865638.cms
TNN, Apr 28, 2010, 05.26am IST
CHANDIGARH: Empowering those behind bars is essential for their rehabilitation into the society. Punjab and Haryana High Court acted in this regard when it took suo motu notice of a letter from a Gurdaspur central jail prisoner Hiresdeshwar Singh, who wants to continue his MBA in spite of financial constraints, and asked Punjab, Haryana and Chandigarh administrations to file replies. The letter of the life-term prisoner had reached justice Mahesh Grover. He had stated that he wanted to complete his course with the Sikkim Manipal University but lacked financial resources. Justice Grover observed that it ought to be endeavour of any civilized society to bring into the mainstream, people who have to stay out after coming in conflict with law, “Education can be important tool in achieving the objective because an enlightened man can become a reformed citizen.” Justice Grover further observed, “Parliament... has also granted right to education the status of a fundamental right. But convicts, who are languishing in jail, are sometimes deprived of that on account of infrastructure or lack of finances, as seems to be the case in the present scenario.”





'Government violated HC directive on hartal'
http://expressbuzz.com/states/kerala/government-violated-hc-directive-on-hartal/168888.html
First Published : 28 Apr 2010 01:55:00 AM IST
Last Updated : 28 Apr 2010 12:36:32 PM IST

KOCHI: The State Government has violated all the nine directives issued by the High Court, to be considered while calling a hartal, Opposition Leader Oommen Chandy said in Kochi on Tuesday. He told reporters that the government had forgotten its primary responsibility of protecting the life and property of the people.
“It was the people of Kerala who suffered the maximum in Tuesday’s nation- wide hartal. Everyone has the right to protest. The Home Minister should be aware that people have the right not to support the hartal,” Chandy said. “The harthal supporters went on the rampage, as they had the government’s protection. The police also remained mute spectators to the atrocities,” he alleged.






21 years on, HC frees man from 'cruel' wife
http://www.3dsyndication.com/showarticlerss.aspx?nid=wsKuc4J4FKcTzlCb4fSQwkk8r57oVaYRiGU76Q13dPulsbw0=
DNMUM170734 4/28/2010 Author : Hetal Vyas WC :240
A couple married for over two decades, but who stayed together for less than five months, was granted divorce by the Bombay high court on Monday. While dismissing an appeal filed by the wife, the court observed that a husband is entitled for a divorce on grounds of desertion and cruelty as the wife had voluntarily left the matrimonial houseThe couple, based in the Central suburbs, got married on February 1, 1989. On June 7, the wife returned to her parents' house as she found her husband's home too small. The family court granted divorce in 2004, which was challenged by the wife. A division bench of justices AP Deshpande and RP Sondur-Baldota observed that the wife was guilty of desertion and cruelty as she refused to cohabit with the respondent on non-existing grounds.According to the husband, who was working as a diamond cutter and earning Rs1,400 per month at that time, he had informed his wife before marriage that he lived in a one room-kitchen house with his family. The family court had granted divorce and directed the husband to pay Rs1,800 as monthly maintenance to the wife and Rs2,000 to their minor daughter.The high court rejected the wife's appeal seeking enhancement of maintenance to Rs25,000.
Honeymoon travailsIn his petition, the husband said his wife started demanding they live separately while they were on their honeymoon. He claimed that she even abused him for his weak financial position




Punjab and Haryana HC rejects bail application of
http://www.punjabnewsline.com/content/view/25464/38/
Spokesman Editor
Punjab Newsline Network
Wednesday, 28 April 2010
CHANDIGARH: Punjab and Haryana High Court has rejected the pre arrest bail application of Joginder Singh editor in chief of Punjabi daily 'Rozana Spokesman' published from Delhi in a case of 'hurting religious sentiments of Sikhs'.
Punjab police had registered case under section 295 A of Indian Panel code for “alleged malicious writings about Sikh Gurus, Guru Granth Sahib, and various institutions of the Sikhs”.
The bench of justice Gurdev Singh on Tuesday after hearing arguments on the peition didnt grant any relief and asked the petitioner to go to the lower court for bail as petition cant be entertained directly. The prosecution told the court that Joginder Singh had failed to appear before the police on five opportunities given to him. He was summoned by Amritsar police for recording his statement.
It all started on April 2, 2010, when SGPC chief Avtar Singh Makkar accompanied by a delegation of the Sant Samaj and chief of Damdami Taksal met the Punjab Chief Minister to demand action against the newspaper. Chief Minister had formed a three member committee to examine the editorial and it recommended the registration of case. The matter was subsequently referred to Amritsar police.
Meanwhile, it is learnt that Amritsar police has dispatched police parties to arrest Joginder Singh who is reportedly hiding in Delhi. He fled away from his residence in Chandigarh immediately after registration of case.




Gujarat HC asks Nirma to protect Mahuva's ecology
http://www.3dsyndication.com/showarticlerss.aspx?nid=RERVOTqYDqPOMsW3dPulsZRcaVqlHjfjqz8U3dPulsuVTUiHpiJBw=
DNAHM31079 4/28/2010 Author : DNA Correspondent WC :434 Politics & Governance
Job generation shouldn't be at the cost of community resources: HC While giving a green signal to the cement plant of detergent giant Nrima Limited, Gujarat high court has also raised concerns about environment issues in Mahuva taluka of Bhavnagar district and laid down conditions over the issue of preservation of the natural water reservoir in the region. "Our prime concern has been to protect the sweet water reservoir created by construction of Samadhiyala Bandhara. Undoubtedly, progress and development would require construction of factories. Such factories would inevitably increase production and generate employment in a remote rural area which is dependent mainly on agricultural activities, which in turn depends on unpredictable and erratic monsoons and other inadequate sources of irrigation," the bench said. It also pointed out that, "However, such development or generation of income cannot be at the cost of permanent damage to common community resources. It will be sad if a small farmer deprived of his rightful source of irrigation is turned overnight into a landless unskilled labourer forced to seek employment in some factory constructed on the land which till the other day was his agricultural field."In its order, the court also directed the government to check the input of water in Samadhiyala water reservoir. The court said, "The government shall, on the basis of the records of rainfall in the region and the total amount of water collected in the reservoir immediately after the monsoon, judge whether on account of setting up of the factory there has been any significant reduction in income of the fresh water in the reservoir. If so, the government shall require the company to take such remedial measures as may be found necessary."Looking to the industrial growth, the court said: "By preserving the water body, if industrial development can still be achieved, surely the same should not be objected to. The cement plant would bring in substantial investment in addition to generating employment in the region and would also sustain ancillary and incidental industries and businesses."During the hearing, Anand Yagnik, counsel for the petitioner, stressed upon the Shelat committee report that returning the land will not resolve the issue of preservation of environment. The Shelat committee in its report said: "By giving back 54.295 hectare area by the company, surrounding farmers will not have any benefit because it is flanked on three sides by the plant and mining area of Nirma Limited. So, in future this area will be useful to the company itself." The farmers also had rejected the proposal of returning of 46 hectare land to the government because it does not contain the land of the original water reservoir.





HS Kapadia to become CJI on 11 May 2010 : Dr. Raj Baldev, Cosmo Theorist
http://internationalreporter.com/News-5691/hs-kapadia-to-become-cji-on-11-may-2010-dr-raj-baldev-cosmo-theorist.html
MIL, Apr 27, 2010C.L.Sahu, Adv. Supreme Court of India
New Delhi, India: April 27, 2010 – Author: C.L.Sahu, Supreme Court of India:
Dr. Raj Baldev, famous Cosmo Theorist, Social Reformer and Lead Man of God Believers, is considered a great predicator of present time like Nostradamus, the French Seer, even though some grade him better than that of Nostradamus. Dr. Raj Baldev is also considered a great Soothsayer with great hidden powers of spiritualism which he is observed to use only on rare cases to give relief to the extreme/dieing patients and good souls, but his main mission is to serve world peace and earth saving mission through proper fighting Global Warming and other appropriate measures.
Dr. Raj Baldev, Comso Theorist, said in his general prediction on 10 March 2010 giving strong indication that Mr. Balakrishnan, CJI, Supreme Court of India, is most probably retiring on 11-5-2010. Even though there was a strong lobbying going on to get three years extension to Mr. Balakarishnan, including a change to extend the retirement age of all other judges of the higher courts, but Dr. Raj Baldev, Cosmo Theorist, told our group of advocates on 10 March 2010 that astrologically no extension is possible and the stay of CJI Mr. Balakrishnan can’t be prolonged beyond 11 May 2010, and Mr. S.H. Kapadia, he said, would definitely replace him.
Astrologically, Dr. Raj Baldev, Cosmo Theorist, further said, “Mr. Balakrishnan will have to retire and may face certain problems due to his upcoming stars, of which one star is negative and may cause some tension to him after retirement, he may face some enmity from certain quarters and even may affect his health to some extent.
Dr. Raj Baldev, Cosmo Theorist, dismissing the scope of Judges’ retirement age, gave his clear prediction on Internet on 11 March 2010 under the title of Judiciary’s Dignity in danger, who will become CJI, in which he confidently stated that Mr. S.H. Kapadia would become CJI on 11 May 2010. Thus his prediction gave strong implied indication that Mr. Balakrishnan would retire on 11 May and on the very day Mr. Kapadia would take the oath of CJI of Supreme Court of India.
The words of predictions by Dr. Raj Baldev, Cosmo Theorist, are as reproduced as under:
“After the retirement of Mr. Justice K.G. Balakrishnan, Chief Justice of India on 11-5-2010, Hon.’ble Mr. Justice S.H. Kapadia stands strong chances of becoming the next Chief Justice of India astrologically as per my working based on 10-9-1974, his birth date as well as Occult No. of his name, governed by Saturn associated with Mars.”
Dr. Raj Baldev, Cosmo Theorist, said on 10 March 2010 in his prediction given on the Internet on 10 March 2010:
“Mr. Balakrishnan is most probably retiring on 11-5- 2010 and if this date is correct, it shall carry somewhat unfavorable time for him thereafter, not an easy sailing after retirement. This year comes to No. 3 but when date is calculated, it comes to 11+5+2010 = 10 or 1. The figure ‘3’ is controlled by Mercury and No. 1 is controlled by Sun, both these stars occupy the house of Mars. i.e. Aries.
The govt. on Monday has said it is not considering any proposal to increase the retirmenet age of judges, putting an end to months of speculation in the political and legal circles on the issue. Govt. is at present not considering to increase the age of retirment of judges, Law Minister M.Veerappa Moily informed the Rajya Sabha yesterday. This announcement by the govt. has made the prediction of Dr. Raj Baldev, Cosmo Theorist, as correct.







SC verdict on RIL-RNRL gas case in next few days: Sources
http://www.moneycontrol.com/news/cnbc-tv18-comments/sc-verdictril-rnrl-gas-casenext-few-days-sources_454134.html
Published on Tue, Apr 27, 2010 at 20:32 Updated at Wed, Apr 28, 2010 at 12:18 Source : CNBC-TV18
India's most fiercely fought corporate battle—Reliance Industries (RIL) versus Reliance Natural Resources (RNRL) at the Supreme Court could reach a conclusion soon.
It is being learnt that the Supreme Court may pronounce a judgement on the case in the next few days, reports CNBC-TV18’s Nayantara Rai.
There are chances that the verdict may be announced this week itself as the Chief Justice of India (CJI) KG Balakrishnan retires on May 11, sources inform. The case has been heard by a three-member Supream Court bench led by CJI.

Tuesday, April 27, 2010

LEGAL NEWS 27.04.2010

Supreme Court overturns ex-CM's expulsion from assembly
http://www.dnaindia.com/india/report_supreme-court-overturns-ex-cm-s-expulsion-from-assembly_1375991
Rakesh Bhatnagar / DNA
Tuesday, April 27, 2010 1:20 IST
New Delhi: Asserting that the Constitution is above the legislature and the judiciary, a five-judge bench of the Supreme Court on Monday scrapped the Akali Dal-dominated Punjab legislative assembly’s resolution that disqualified former chief minister and Congress leader Amarinder Singh from the House on grounds of committing a “breach of privilege”.
Restoring Singh’s status as lawmaker, the bench, comprising Chief Justice KG Balakrishnan, justices RV Raveendran, P Sathasivam, JM Panchal and RM Lodha, said a legislature cannot expel its member for his executive actions committed during an earlier term of the House.
Hailing the verdict, noted constitutional lawyer PP Rao said this “trend-setting judgment” should act as an eye opener for the legislature which should desist from passing illegal diktats merely for political vengeance.
When asked if there was a possibility that the legislative assembly might refuse to allow Singh to attend sessions on the ground that the judiciary cannot interfere with legislative functions, Rao said a presidential reference in 1964 had dealt with a similar issue. It was a tussle between Uttar Pradesh assembly and the judiciary.
Then, a Supreme Court constitution bench, too, had upheld the supremacy of the Constitution, and said that Indian legislators cannot claim sovereignty similar to the parliament in the United Kingdom.
On Monday, the Supreme Court said “state legislatures in India could not, by virtue of Article 194(3), claim to be the sole judges of their powers and privileges to the exclusion of the courts. Their powers and privileges were to be found in Article 194(3) alone and nowhere else, and the power to interpret that Article lay, under the scheme of the Indian Constitution, exclusively with the judiciary of this country”.
The SC said if legislatures were permitted to expel members for their executive actions, then there was the risk that with every change of regime, the new legislators will seek to claim privileges to expel their rivals. “Such a scenario would frustrate some of the basic objectives of parliamentary democracy,” the court held.
Singh was expelled from the Punjab assembly on 3 September 2008 for “breach of privilege” after a House-appointed special committee held him guilty of alleged irregularities that took place in Amritsar when he was the chief minister of Punjab.
The report claimed that the former CM had granted illegal exemption to certain developers, causing a loss of several crores of rupees to the exchequer, when he granted exemption on 32.5 acres of land in violation of the rules.
Incidentally, this case is pending before the high court.






Madras High Court lawyers clash again in front of CJI and Law Minister
http://www.barandbench.com/index.php?title=Madras%20High%20Court%20lawyers%20clash%20again%20in%20front%20of%20CJI%20and%20Law%20Minister&page=brief&id=668
Bar&Bench News Network
Apr 26, 2010
A year after the large scale lawyers protest at the Madras High Court, history has repeated itself. The Madras High Court today witnessed a fresh round of violence and attacks by its lawyers. The Hon'ble Chief Justice of India K.G. Balakrishnan,the Hon'ble Chief Justice of the Madras High Court H.L. Gokhale, Union Law Minister Veerappa Moily, Supreme Court Judge P. Sathasivam, Tamil Nadu Chief Minister M.K. Karunanidhi and Tamil Nadu State Law Minister Durai Murugan were present at the Madras High Court premises to unveil the statute of Dr. B.R. Ambedkar.
A group of lawyers were objecting to the participation of Chief Minister M. Karunanidhi at the function as he had failed to take action against the police force for the attack on lawyers in February 2009.
The Hindu reports that immediately after the Chief Minister began his speech, a dozen advocates, belonging to a Tamil nationalist fringe group, Manitha Urimai Paathukaapu Maiyam (MUPM), waved black flags and raised slogans against him. Shouts of “Anumathiyom! Anumathiyom! (We won't allow!)” rang the air.
Speaking to The Hindu, Suresh, the leader of MUPM, said they objected to the presence of the Chief Minister, because he had failed to take action against the four officers who the MUPM alleged were responsible for the police action against the advocates at the High Court campus on February 19, 2009.
Amidst this chaos, the Chief Minister proposed the use of Tamil as a language in the Supreme Court. As a first step he requested the judges of the Madras High Court to use Tamil as a language for court proceedings.
The common man is fazed by the question of what aspect of our democracy is worse? Lawyers responsible for upholding the rule of the law, resorting to violence against fellow lawyers and media personalities? Or, the police, responsible for safeguarding the public resorting to violence against lawyers and judges? This instance just goes to show why the freedoms enshrined in Article 19 of our Consitution need to be limited by Article 19(2).





Pending cases a challenge: CJI
http://www.deccanchronicle.com/chennai/pending-cases-challenge-cji-336
April 26th, 2010
April 25: Chief Justice of India K.G. Balakrishnan on Sunday noted that unless there is an increase in the number of courts and judges, there will be no way to reduce the backlog of cases in the country.
Justice Balakrishnan, who unveiled a B.R. Ambedkar statue in the Madras high court, said the most important challenge that the judiciary now faces is a huge pendency of cases. “We need more courts. Tamil Nadu has proved by disposing of 20,000 cases in a short time that an adequate number of judges can ensure that fewer cases are pending.”
Like any public institution, the quality of justice delivered also depends on the trust and confidence of the public, Justice Balakrishnan said. “We rely on an active bar, a free press and vigilant citizenry to point out unintended mistakes we make so that we can improve our functioning,” he added.Referring to the statement of Union law minister Veerappa Moily, who also spoke on the occasion and stressed on the importance of gender justice, Justice Balakrishnan said the judiciary is conscious and emphasises the need for gender equality. “There has never been any problem or injustice on the basis of gender,” he said.
After unveiling the Ambedkar statue, Justice Balakrishnan lauded the freedom fighter and prime architect of the Constitution as a great economist and labour leader and among the greatest thinkers India has ever produced.Chief minister M. Karunanidhi promised to increase the advocates’ welfare fund from Rs 2 lakh to Rs 5 lakh and allot 10 sites to develop medical facilities for advocates after the ongoing budget session of the Assembly. He also appealed to judges to pave the way to make Tamil the official court language in the state.






HC: can interests be in conflict if minister part of sports body?
http://www.indianexpress.com/news/hc-can-interests-be-in-conflict-if-minister-part-of-sports-body/611660/0
Express news service
Posted: Tuesday , Apr 27, 2010 at 2356 hrs Mumbai:
The Bombay High Court today questioned if there can be a “conflict of interest” if a minister is part of BCCI, or of any other sports body for that matter.
After the BCCI counsel failed to comment on this, the court asked the state government to reply by May 5 whether there is a possibility of such a conflict and also whether there was any “code of conduct” for ministers on this aspect.
The question came up during the hearing of a PIL filed by Shiv Sena MLA Subhash Desai, demanding that state collect entertainment tax from the IPL.
The division bench of Justice P B Majmudar and Justice Rajesh Ketkar asked BCCI lawyer Raju Subramaniam whether a minister could be a functionary of the cricket body. They questioned the morality of such a decision and asked whether “a conflict of interest will arise if a minister is head of a sport association”.
Subramaniam said that he could not comment on this, but added the BCCI constitution does not prevent any minister from contesting Board elections.
Chief Minister Ashok Chavan, asked by PTI for his reaction, said the government would seek legal advice before replying.
On the primary subject of the petition, Government lawyer D A Nalavade said the state had waived entertainment tax on all sport activities in 1964, but is mulling lifting the exemption. “The government now intends to withdraw the exemption because these are not just sport activities,” Nalavade said, adding that a policy was needed for all sport events where entertainment was a primary element.
The judges remarked that now that the IPL is over, it would be difficult to recover entertainment tax in retrospect. “The damage done is unpardonable.” The BCCI lawyer said that should the government levy entertainment tax, the cricket body would pay up. But Chavan told PTI, “It is not possible to levy tax on IPL since the season is over.” Subramaniam said except for the final, the semis, and the play-off for third spot, tickets were sold by the franchisees; hence, BCCI would not be liable for tax, he said.
The court had wanted to know if IPL was a “profiteering” venture and expressed dissatisfaction with the BCCI’s approach. The next hearing is on May 5.






Farmers’ stir falls flat as HC clears Nirma plant
http://www.indianexpress.com/news/farmers-stir-falls-flat-as-hc-clears-nirma-plant/611696/0
Express News Service
Posted: Tuesday , Apr 27, 2010 at 0026 hrs Ahmedabad:
But asks the company to surrender 46 hectares in 4 weeks; petitioners may move Supreme Court
In a major setback to the movement against Nirma Limited’s proposed cement plant in Mahuva taluka of Bhavnagar district, the Gujarat High Court on Monday gave the defendant permission to resume work, provided they surrendered 46 hectares of land to the state government in four weeks. The Division Bench comprising Chief Justice S J Mukhopadhyaya and Justice Akil Kureshi pronounced the verdict.
The petitioners, Shree Mahuva Bandhara Khetiwadi Pariyavaran Bachav Samiti and others, had prayed for court directions to the state government to cancel the land allotment to Nirma, claiming it would jeopardise local ecology and livelihood of the farmers.
The petitioners’ lawyer, Bhushan Oza, said that after going through the judgment, they would take a decision on challenging it in the Supreme Court.
Earlier, the state government had sanctioned 268 hectares near Mahuva to Nirma Limited to set up a cement plant in 2008. The petitioner organisation had challenged this on the ground that out of the 268 hectares, 222 was part of a water body that came into being after prolonged efforts to build check dams in the region to check salinity ingress.
The petitioner had also contended that the HC had, in 2002, ordered the state government to identify and notify all the water bodies in the state and held that the state government cannot give land of such water bodies to anyone for any purpose. The proposed project had invited a mass protest by local farmers led by BJP legislator Dr Kanu Kalsariya.
During the hearing, senior counsel Dushyant Dave, appearing on behalf of Nirma Limited, proposed to surrender 46 hectares more to the government as per the report of an expert committee led by former Chief Secretary of Gujarat, S K Shelat.
The Committee had stated in its report regarding the feasibility of giving land for the cement plant that only 168 hectares must be allotted. Subsequently, Nirma surrendered 54 hectares.
Prakash Jani, who represented the state government in court along with the Advocate General, said, “The court has rejected the petition stating that there is no water body on the land given to Nirma.”
The petitioners had prayed for a stay on the judgment for four weeks to challenge it in the apex court, but it was rejected.
The Mahuva storyMay 1, 2009:Farmers led by Dr Kanu Kalsariya begin agitation after work begins at the proposed cement plant in Mahuva. The land was allotted to Nirma in 2008May 27, 2009:Government calls agitating farmers to resolve the issueMay 28, 2009:Government forms a committee to look into the demands of farmers and requests them to halt the agitationMarch 27, 2009:Shree Mahuva Bandhara Khetiwadi Pariyavaran Bachav Samiti and others file a PIL in the HC challenging the land allotmentFebruary 26, 2010:Kalsariya detained with 700 others in Gandhinagar after the former tried to meet CN Narendra Modi over the issueMarch 16, 2010:HC stays work on the Nirma plant at Mahuva till further ordersMarch 31, 2010:Nirma offers to surrender 46 hectares to the government for amicable resolution of the issueApril 8, 2010:Petitioners do not accept the Nirma offerApril 26, 2010:HC allows Nirma to go ahead with the plant with the plant






NET, SLET must for lecturer post, says HC
http://timesofindia.indiatimes.com/city/chennai/NET-SLET-must-for-lecturer-post-says-HC-/articleshow/5861693.cms
TNN, Apr 27, 2010, 03.15am IST
CHENNAI: The legality of the University Grants Commission's July 2009 notification making the National Eligibility Test (NET) or the State-level Eligibility Test (SLET) as the mandatory qualification for lecturer posts has been upheld by the Madras high court. Justice K Chandru, dismissing a batch of petitions filed by persons who claimed exemption from the NET/SLET on the ground that they had completed their MPhil courses before the cut-off date of December 31, 1993, said that the petitioners' demand was contrary to the UGC regulations. On July 11, 2009, the UGC issued a notification saying that NET/SLET qualification would be the minimum eligibility for all lecturer-aspirants, including those who had completed their MPhil before December 31, 1993. That is, the notification effectively dispensed with the exemption that had been extended to those who had completed their MPhil before the cut-off date, from clearing the NET/SLET. The state government issued the government order on March 29. Assailing the orders, the petitioners said the special exemption available to the pre-1993 MPhil-holders had been withdrawn arbitrarily, without any notice. They would not be able to claim the benefit of the ongoing selection process, the petitioners said. Justice Chandru, tracing the history behind the introduction of a standard test for recruitment of college and university teachers, said the state government was bound to follow the UGC regulations.





Mobile cos spared of taxes, penalty for installing towers: HC
http://timesofindia.indiatimes.com/city/ahmedabad/Mobile-cos-spared-of-taxes-penalty-for-installing-towers-HC-/articleshow/5861352.cms
TNN, Apr 27, 2010, 03.31am IST
AHMEDABAD: In a big relief for mobile companies, the Gujarat High Court has quashed a 2008 Government Resolution (GR) by which the civic bodies were levying taxes and penalty on companies for installation of mobile towers. Acting on various petitions filed by all major cellphone companies BSNL, Vodafone Essar Gujarat Ltd, Reliance Communications, Bharti Airtel Ltd and others, a division bench of Justices DA Mehta and HN Devani quashed the GR and set aside demand notices issued by different municipal corporations, municipalities and village panchayats demanding huge amounts towards tax and penalty. The telecom service providers are required to have base trans-receiver stations installed, and such mobile towers are placed on the terraces of buildings or on private open spaces. In 2006, director of municipalities issued a circular empowering civic bodies to issue NOC permit to mobile towers after levying property tax and permission fee as well as annual fees. This issue reached the high court and in December 2008, the Urban Development and Urban Housing Department issued a GR making provision for recovery of installation charges, annual permission fees, administrative charges in lieu of penalty fees by the municipalities and corporations. On basis of this arrangement, the civic bodies started collecting money from mobile service providers towards tax and penalty. Issuance of notices by civic bodies across the state and the GR were challenged by the mobile companies in the high court. The division bench heard the case at length and relied upon an order delivered in this regard earlier. Quashing the GR and the demand notices, the judges observed that the legislations in this regard are very old, and there was not law regarding mobile technology. "Necessary amendments are required to be made in the Acts making provision for bringing the technological advances within the purview of the Acts. However, till such exercise is undertaken by the legislature, it is not permissible for the authorities to levy and collect taxes or fees in respect of mobile telecommunication towers," the court order reads. With these observations, the high court held the GR ultra wires the provisions of the Bombay Provincial Municipal Corporations Act as well as the Gujarat Municipalities Act.





Can I sell kidney to pay lawyer, convict asks Bombay HC
http://www.dnaindia.com/mumbai/report_can-i-sell-kidney-to-pay-lawyer-convict-asks-bombay-hc_1376021
Mayura Janwalkar / DNA
Tuesday, April 27, 2010 2:17 IST
Mumbai: For death convict Mohammed Hanif Sayed, 47, the phrase ‘I’ll have to sell my kidney for it’ is not an exaggerated figure of speech. In one of the strangest applications before the Bombay high court, Sayed on Monday sought its permission to sell his kidney to pay his advocate’s fees.
Sayed, his wife Fehmida, 45, and Anshrat Ansari, 33, were sentenced to death by a special Pota (Prevention of Terrorist Activities Act) court in August last year for their involvement in the Gateway of India and Zaveri Bazaar bomb blasts of 2003 that killed 54 people and injured 244. During the ruling, the court called them “blood-thirsty”.
To the high court, Sayed, lodged at the Yerwada central prison, made an application that he had no means to pay his lawyer’s fees to argue against his conviction and should therefore be allowed to sell his kidney to generate funds.
The additional public prosecutor, Mankunwar Deshmukh, told the court that the nature of the relief sought by Sayed was beyond the purview of the court and should therefore not be entertained. Baffled by Sayed’s plea, justices DB Bhosale and AR Joshi said the court could not issue a directive. But they said Sayed was free to donate his kidney if he so wished and prison rules permitted the same. Refusing to pass any orders in the case, the judges allowed Sayed to withdraw his application.
“I’m deeply hurt by this application,” Sayed’s advocate Khan Abdul Wahab told DNA on Monday. “I filed his appeal in the high court at my own expense and I took up his case as charity.
“I never asked him for a single penny. He may want the money for something else. I will seek the court’s permission to withdraw from the case.”





HC asks Ludhiana CJM to probe case
http://www.indianexpress.com/news/hc-asks-ludhiana-cjm-to-probe-case/611625/0
Express News Service
Posted: Tuesday , Apr 27, 2010 at 2315 hrs Ludhiana:
A medical officer of the Ludhiana Central Jail is in the dock for not performing duty. Justice Gurdev Singh of the Punjab and Haryana High Court has directed the Director Health Services (DHS), Punjab, to take departmental action against the erring medical officer in accordance with Punjab Civil Services (PCS) Rules and to report action taken within six months to the court.
Meanwhile, the “negligence” shown by the former executive magistrate of Ludhiana has also come under the scanner. The directions were passed in the wake of a petition filed by Mohinder Kaur whose husband died allegedly due to the negligence of jail officials in Ludhiana .
“Had the medical officer performed his statutory duty of recording state of health of the deceased, same would have been very helpful for deciding the controversy,” Justice Gurdev Sing held in his order.
The allegation against medical officer was that he did not record the health of the deceased at the time of admission to the jail, the day he had died.
“The way in which the inquiry was conducted during the inquest proceedings by the executive magistrate, it becomes necessary that further inquiry be conducted regarding custodial death of deceased,” the court held. The Chief Judicial Magistrate (CJM), Ludhiana, has been directed to hold a thorough inquiry and submit a report within three months.
The incident dates back to 2004 when Amar Singh who was convicted in a criminal case was sent to Ludhiana Jail. His widow, Mohinder Kaur alleged in the petition that Singh was repeatedly forced to spray pesticides through out the day in the jail without any rest and against his wishes.
It was alleged that no proper equipment for spraying of pesticides was given to him as a result of which he fell unconscious on December 29, 2004 .
“He kept shouting for medical help but the jail authorities did not turn up,” the petitioner alleged. Singh was rushed to hospital where he died.
A perusal of the inquest report revealed that the then executive magistrate did not make any effort to record the statements of the jail inmates, who were with the deceased. “Thorough inquiry was never conducted by the executive magistrate,” Justice Gurdev Singh ruled.






HC upholds life sentence to tutor who killed student
http://www.indianexpress.com/news/hc-upholds-life-sentence-to-tutor-who-killed-student/611715/0
Utkarsh Anand
Posted: Tuesday , Apr 27, 2010 at 0048 hrs New Delhi:
The Delhi High Court has upheld the life imprisonment awarded to a 43-year-old private tutor who killed a student of St Stephen’s College in 1999 after she refused to marry him.
Dismissing the appeal of Uttam Kumar, who killed his student Priyanka 10 days before her wedding, the HC upheld the ruling of a Rohini court that had awarded him life imprisonment in September 2007.
“It is a case of a crafty man warming and worming into the heart of a young girl and emotionally, may be physically exploiting her,” Justice Pradeep Nandarajog said .
On April 19, 1999, Kumar had stabbed to death 20-year-old Priyanka, a second-year student of St Stephen’s College. He had locked himself inside the bathroom of the victim’s Adarsh Nagar house and the police had found him with a blood-stained knife while the girl’s body lay in a pool of blood.
Taking note of the circumstantial evidence that proved his crime beyond doubt, Additional Sessions Judge Bharat Parashar had said Kumar’s act was “diabolic and revolting”. Slapping a penalty of Rs 5 lakh on him, the lower court had further taken into account his unremorseful behaviour during the trial as he had written threatening letters to the victim’s family from jail. It also took exception to his attempt to prolong the trial by submitting various applications.
Justice Nandarajog upheld the trial court’s observations and held that his guilt was established in view of several incriminating evidence —- both direct and circumstantial. The HC, however, dismissed the appeal of the prosecution seeking death penalty for Kumar.
Justice Nandarajog also took to task the investigating officer as he had failed to recover the buttons of the victim’s shirt and bolts of the bathroom door.
“With pain and anguish we must write that in 4 out of 10 cases we are seeing errors of stupidity committed by the investigating officers. It is time for the police to find an answer as to why in 4 out of 10 movies in India, the policeman is shown as a buffoon,” he noted.





HC refuses to entertain deficient application by PPSC chairman
http://www.indianexpress.com/news/hc-refuses-to-entertain-deficient-application-by-ppsc-chairman/611611/0
RAGHAV OHRI
Posted: Tuesday , Apr 27, 2010 at 2259 hrs Chandigarh:
In his over enthusiasm to become a party to the public interest litigation (PIL) filed by K P S Gill, former Director General of Police (DGP), Punjab, the Chairman of Punjab Public Service Commission (PPSC), S K Sinha apparently forgot to mention his name in the application.
Refusing to entertain such a “deficient” application, the Punjab and Haryana High Court on Monday directed his counsel, Barrister Himmat Singh Shergill to file a “better application with full particulars”.
Interestingly, in the ten page application filed by Sinha to be impleaded as party to the PIL filed by Gill against the PPSC, his name has been mentioned even once. Expressing surprise and disapproval over the incomplete application, the Division Bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh questioned Shergill who the applicant was.
“Who is the applicant?” Justice Jasbir Singh questioned Himmat Singh Shergill who filed the application on behalf of Sinha. Shergill submitted that the applicant (Sinha) was the chairman of the PPSC. “So what! Where is his name? Have you mentioned his name anywhere?” Chief Justice Mudgal questioned the lawyer.
The Bench directed the lawyer to read the application. In his defence, Shergill submitted that the affidavit filed by Sinha mentions his name.
“The entire application does not mention his name. To know the name of the applicant one has to go to the affidavit!” Justice Jasbir Singh quipped.
Refusing to entertain the application, the Chief Justice told Shergill to come up with a better application. “You better come back with a better application with full particulars,” the Chief Justice told the lawyer. The application was dismissed as withdrawn.
On April 20, questioning the integrity, objectivity and impartiality of the selection of doctors made more than a year back by the Punjab Public Service Commission (PPSC), Gill had moved the High Court. Gill, in his PIL, had not made Sinha a party to the PIL.
Gill had submitted that “Punjab is not the only state to witness the degradation, devaluation and subversion of the Public Service Commission by inner corruption; but surely the grim experience of the Ravi Sidhu Commission, an experience the consequences of which the constitutional and legal system in the state is still grappling with, cannot be allowed or suffered to be periodically replicated”.
A similar petition filed by Sinha prior to Gill is already pending before the High Court. “Taking a high moral ground”, Sinha had demanded CBI probe into the matter maintaining that all the allegations leveled in the newspaper reports are “vague”.
Maintaining that Gill was not informed about the petition filed by him, Sinha through his lawyer Shergill had filed an application today to be impleaded as party to the PIL. The lawyer will now file the application afresh.




Jaipur trial court reserves judgement on Modi
http://economictimes.indiatimes.com/articleshow/5863276.cms
27 Apr 2010, 1301 hrs IST,ET Bureau
JAIPUR: The city trial court, on Monday, reserved its judgement on a criminal complaint seeking police investigation into the alleged fraudulent purchase of ‘heritage haveli’ of Amber by Lalit Modi and his wife Minal Modi. After hearing counsels of both the parties, court reserved the judgement. The court would either send the matter for investigation to police or would dismiss it. Complainant and district president of Nagrik Morcha Jaipur division, Sandeep Bhatra, has alleged that government-owned heritage havelis situated in the protected area of Amber fort was sold to Modi and his wife at a throw away price. “Modi used his clout in the then Vasundhara Raje government and purchased the havelis through a ‘bogus’ company - Heritage City Construction Pvt. Ltd - with the help of a few government official,” he alleged. The complainant argued that the company’s address mentioned in the registration papers is fake. He produced photograph of the company’s site mentioned documents. “The address mentioned is, 125, Ashok Vihar extension, Ward no. 16, Sanganer, but there is no such office at the aforesaid address,” he said On the other hand, Modi’s counsel argued that the matter is already with the High Court.

Monday, April 26, 2010

LEGAL NEWS 26.04.2010

Activists welcome stay on mega-housing project in Goa
http://sify.com/news/activists-welcome-stay-on-mega-housing-project-in-goa-news-national-kexw4cbfbef.html
2010-04-23 22:30:00
Activists opposed to mega projects in Goa have welcomed the central environment ministry's order keeping a massive DLF-backed housing project in the state in abeyance following a writ petition in the Panaji bench of the Bombay High Court.
The activists had earlier alleged that Chief Minister Digambar Kamat was responsible for the massive irregularities in granting permissions for the housing project which envisages 600 top-of-the-range homes in an ecologically sensitive area.
In a pressnote issued here, Goa Bachao Abhiyaan (GBA), an umbrella organisation representing more than a dozen planned development-oriented NGOs, has hailed the ministry order staying all constructions of the DLF promoted project, allegedly built illegally on a hill slope after felling hundreds of trees.
'GBA and Save our Slopes have petitioned the government to institute an enquiry into the illegal permissions given under the 'deemed' clause and to fix responsibility and take punitive action against the erring officers,' GBA convenor Sabina Martins said in the note.
The ministry's order comes in the wake of a writ filed by Goa Foundation and Edwin Mascarenhas against Saravati Builders (executing the DLF project), in which the ministry is also a respondent.
In its order of April 15 (obtained by GBA earlier this week), Bharat Bhushan, director (impact assessment) in the ministry, said that issues raised in the writ petition relating to destruction of forest area and destruction of ecologically sensitive habitat were serious.
'The above issues are important and require detailed re-examination of the project. In the meantime, you are directed not to proceed for the construction of the group housing project in the aforesaid plot, till a detailed examination of all issues raised in the writ petition are re-examined by the expert appraisal committee,' the order stated, adding that environmental clearance given to the project Jan 11 this year have been kept in abeyance.
GBA earlier alleged that the role of Kamat - who is also the minister for town and country planning - in the DLF project was 'full of suspicion, especially the manner in which permissions were given to DLF by his department'.
Kamat has dismissed these allegations, stating that he had done nothing wrong.





Indians on death row a mockery of justice: Amnesty International to UAE
http://timesofindia.indiatimes.com/world/indians-abroad/Indians-on-death-row-a-mockery-of-justice-Amnesty-International-to-UAE/articleshow/5853775.cms
PTI, Apr 24, 2010, 08.47pm IST
DUBAI: Describing the death sentence awarded to 17 Indians in UAE as a "mockery of justice," leading rights watch Amnesty International has asked the country to probe allegations of torture and ensure a fair trial on appeal. The Indian migrants, all from Punjab, were sentenced to death on March 29, three months after their arrest, after being convicted by a Sharjah Shariah court for killing a Pakistani national. "This is a mockery of justice. These 17 men have been tortured, forced to confess, and sentenced to death based on a fake video," Hassiba Hadj Sahraoui, Amnesty International's Deputy Director for the Middle East and North Africa said in a statement. The convicts, aged between 21 and 25, have launched an appeal in an appellate court seeking a review of the death penalty. The case was regarding a fight, believed to be between rival gangs for control of an illegal alcohol business, in which a Pakistani died and three were injured. The Indian government sought consular access to the Indians after the verdict was pronounced, following which the Indian embassy here assisted them in launching an appeal. Amnesty also said the men were held for months before the Indian government was notified of their arrest. The Indians have alleged they were tortured and abused by police over nine days to make them 'confess' to the crime. Amnesty cited the allegations of Indian NGO Lawyers For Human Rights International (LFHRI) that they were "beaten with clubs, subjected to electric shocks, deprived of sleep and forced to stand on one leg for prolonged periods". "The authorities must investigate these reports of torture and ensure that the results are made public and those allegedly responsible are held to account," said Sahraoui. The LFHRI has also alleged that the conviction was based on a "fake video" filmed one month after the arrest, after the men were taken to the scene of the crime and "forced to re-enact it," the statement said. The videotape was presented at the trial as genuine CCTV footage of the killing, the NGO has alleged. Taking note of the allegations, Amnesty asked the UAE authorities to investigate the allegations of torture and ensure a fair trial on appeal. "They must be protected from further torture and other ill-treatment, and any evidence obtained using such methods should not be used in court," it said.






Govt wants to give final say to PM on CJI appointment
http://timesofindia.indiatimes.com/india/Govt-wants-to-give-final-say-to-PM-on-CJI-appointment/articleshow/5853848.cms
Dhananjay Mahapatra, TNN, Apr 25, 2010, 04.54am IST
NEW DELHI: The government has seen a devil in the existing Memorandum of Procedure (MoP) for appointment of the Chief Justice of India and has initiated the process to amend it and give the final say to the Prime Minister in tricky situations. Since the executive had lost primacy in the appointment of judges to the Supreme Court and the high courts nearly 17 years ago, it is the senior-most judge of the Supreme Court who is appointed to the top post after the retirement of the CJI. But, there is a catch. The process for appointment of the senior-most judge to the top judicial post can be initiated only after the incumbent CJI gives a recommendation saying he is eminently suitable for the job. The government feels once the apex court's constitution Bench had ruled that the senior-most judge would get elevated to the top post after the retirement of the incumbent CJI, there should not be any leverage given to the CJI for choosing his successor. What happens if the CJI refuses to send any recommendation or sends a recommendation proposing the name of a judge junior to the senior-most judge? Should the appointment process for the CJI come to a standstill for this purpose? Law ministry sources said that the government has already drafted the proposed change in the MoP that would empower the Prime Minister to step in such eventualities. If the CJI gives a recommendation proposing the name of a judge other than the senior-most judge of the SC or sends no recommendation, then the PM would advise the President to appoint the senior-most judge as the CJI. The proposed change in the present MoP, which was drafted during the time when Ram Jethmalani was the law minister, would soon be discussed with the judiciary for clearance and implementation, the sources said. dhananjay.mahapatra@timesgroup.com





HC pulls up MoEA for denying permission to sue Iranian embassy
http://beta.thehindu.com/news/national/article409797.ece
PTI
The Delhi High Court has pulled up the External Affairs Ministry for denying permission to a person to file a case against Iranian embassy for not compensating him for illegally terminating his service.
“Union of India is directed to issue a letter to the petitioner within a period of four weeks permitting him to execute the decree dated 14th November 2007 (regarding payment of Rs 7.8 lakh compensation),” the court said, adding if the Centre fails to permit him then the petitioner can take legal action against Embassy without government approval.
The court passed the order on a petition filed by Ashraf Rizwi contending that the government did not grant him permission to pursue a case against the embassy despite the latter’s failure to comply with a district court order to pay him a compensation of Rs. 7,89,600.
A district court, in a decree on November 2007, had asked the Iranian embassy to pay the compensation along with nine per cent annual interest.
Mr. Rizwi, who worked with the Science and Education section of the embassy of the Islamic Republic of Iran here since October 1, 1989 was allegedly terminated from services on May 15, 2002 through an oral communication without any reason.
He then approached the lower court which passed the order in his favour but the embassy refused to comply with the order. He then sought sanction from the Centre to take action against the embassy which was refused.
Aggrieved by the decision, Mr. Rizwi approached the High Court which admitted his plea saying, “It is difficult to appreciate the objection taken by the MoEA in this case.”
The court also imposed a cost of Rs. 5,000 on the Centre and asked it to pay the same to the petitioner.





HC allows blind student to appear in entrance test
http://www.ptinews.com/news/624564_HC-allows-blind-student-to-appear-in-entrance-test
STAFF WRITER 18:33 HRS IST
Mumbai, Apr 24 (PTI) In a novel gesture, the Bombay High court has allowed a 17-year-old blind student to appear in an entrance test for admission into a physiotherapy course, although rules in Maharashtra do not permit physically and visually challenged persons to write the test.Hearing a petition filed by Krutika, who was refused permission to appear in the Common Entrance Test (CET), Justices J N Patel and A P Bhangale allowed her to write the test to be held in the first week of May.The Director of Medical Education opposed the petition saying the rules do not permit physically and visually challenged persons to write the test. He said 70 per cent handicapped is sufficient to consider such a person disabled.Physiotherapy involves movement of limbs and muscles which is difficult for the blind and handicapped persons to practice, he said.





BCS, BJS Exam Candidates with Disabilities
HC order on writs April 25
http://www.thedailystar.net/newDesign/news-details.php?nid=135385
Thursday, April 22, 2010
Metropolitan
Staff Correspondent
The High Court (HC) will pass orders on April 25 on two writ petitions that sought directions from the court upon the government to allow the candidates with disabilities to sit for Bangladesh Civil Service (BCS) and Bangladesh Judicial Service (BJS) examinations.
An HC bench of Justice Md Mamtaz Uddun Ahmed and Justice Naima Haider fixed the date after concluding the hearing on the petitions yesterday.
Four human rights organisations -- Ain O Salish Kendra (ASK), Bangladesh Legal Aid and Services Trust (BLAST), Action on Disability and Development (ADD) and National Council of Disabled Women (NCDW) -- and Swapan Chowkidar, a lawyer, and Ridwanul Hoque, a teacher of law faculty of Dhaka University, jointly filed the petitions on April 19.
The secretaries to the establishment, law, social welfare, and health ministries, Bangladesh Public Service Commission (BPSC) and its chairman and secretary and the controller of examinations (Cadre), the judicial service commission and its chairman and secretary, the director general of the directorate of health, and the national disability welfare coordination committee and its chairman and secretary have been made respondents to the petitions.
The petitioners prayed to the court to issue a rule upon the respondents to explain why the provisions of the Bangladesh Civil Service (Age, Qualification and Examinations for Direct Recruitment) Rules 1982 preventing the candidates with disabilities from appearing in the BCS and BJS examinations should not be declared unconstitutional.
Advocates Shahriar Shakir, Qazi Zahid Iqbal, Taufiqul Islam and Nusrat Jahan appeared for the petitioners, while Attorney General Mahbubey Alam represented the government.






HC issues notice to Narayan Rane
http://www.ptinews.com/news/625213_HC-issues-notice-to-Maha-Revenue-Minister-Narayan-Rane
STAFF WRITER 12:11 HRS IST
Nagpur, Apr 25 (PTI) The Nagpur bench of Bombay High Court has issued a notice to Maharashtra Revenue Minister Narayan Rane for allegedly helping a city-based industrialist grabbing a plot of land illegally.A single judge bench of Justice Bhushan Dharmadhikari responding to a writ petition, on Friday asked Rane along with Revenue Secretary, Forest Secretary and Managing partner of a local distillery company, Aspi Bapuna to reply to the notice within two weeks.The Nagpur bench of the High Court also directed the state government not to implement any orders passed by the concerned minister related to the petition till pendency.The petitioner Shailendra Sahu and his brother, who jointly own a Nazul land in Indora in northern part of city, had been alloted the land on lease by the then Central Province and Berar Government (CP & Berar) in March 1942.The agreement was renewed till 2008.






Minimum punishment for murder by spurned man is lifer: Delhi HC
http://www.dnaindia.com/india/report_minimum-punishment-for-murder-by-spurned-man-is-lifer-delhi-hc_1375280
PTI
Sunday, April 25, 2010 11:15 IST
New Delhi: The killing of a woman by a man whose proposal she rejected would be treated as an offence not less than murder with the minimum punishment being life imprisonment, the Delhi high court has said.
The court refused the plea of a man who had submitted that he should be convicted for culpable homicide not amounting to murder as the offence was committed under emotion.
"If the argument is accepted it would mean that every male who has an infatuation for a female, on being spurned, would be entitled to kill the female under pain of a lesser offence i.e. the offence of culpable homicide not amounting to murder," justice Pradeep Nandrajog said.
The minimum punishment for the offence of murder is life imprisonment and the maximum is death penalty while in case of culpable homicide not amounting to murder a person can be sent to any jail term up to life imprisonment.
"Repelling the overtures of an infatuated lover would not make out a case of Exception IV to Section 300 IPC (murder) being attracted. The concept of acting under the impulse of passion envisaged under the provision is premised on the passion and the impulse being preceded upon a sudden quarrel," the court said.
The court passed the order on appeal filed by a man Ashok Kumar Kohli who had killed a woman he was in love with.
He had approached the High Court challenging the trial court's order of convicting him for the offence of murder and sentenced him to undergo life imprisonment on the ground that he was overcome with emotion and acted in a fit of rage.
The court refused to grant him any relief and dismissed his appeal.





1 extra hr to dyslexic student to write AIEEE: HC rules
http://www.indianexpress.com/news/1-extra-hr-to-dyslexic-student-to-write-aieee-hc-rules/610939/0
Express News Service
Posted: Sunday , Apr 25, 2010 at 0038 hrs Chandigarh:
In a first of its kind decision, the Punjab and Haryana High Court on Friday directed the Central Board of Secondary Education (CBSE) to give extra time of one hour to a dyslexic student appearing in the All India Engineering Entrance Exam (AIEEE).
The exam will be conducted throughout the country on Sunday.
Also, the High Court has suggested that the CBSE and the Central Counselling Board (CCB) grant similar facilities to all such students appearing for the exam in the country.
After hearing a petition filed by Chandigarh resident Pranjay Jain, Justice Permod Kohli observed, “I direct that the petitioner should be provided one hour extra time in AIEEE for each paper. However, this permission shall remain subject to (the) outcome of the writ petition.”
Justice Kohli added: “Mr Harsh Aggarwal (counsel for CBSE) has expressed his concern about similarly situated persons, who are appearing in AIEEE throughout the country. In view of the matter, it may be observed that the CCB may consider granting similar facilities to all dyslexic students, who are appearing in AIEEE test.”
Jain, a dyslexic student, had moved HC, seeking extra time and permission to take a scribe along in the examination hall. The HC agreed to award extra time to the student but turned down the plea to have a scribe.
“Since it is an objective test, no scribe is required. However, in view of the disorder with which the petitioner is suffering, I am of the considered opinion that extra time as per the guidelines framed by the CBSE for 10+2 examination, should be given to the petitioner to provide him a fair opportunity to compete with other students, who don’t suffer from any such disability,” the court observed.
Initially, the petition was filed for the Class XII examinations. Subsequently, the HC had passed an order on March 2, 2010, directing the CBSE to provide a scribe and extra time to the petitioner.
After the exams, the petitioner again approached the High Court, seeking similar relaxations for AIEEE.
The CBSE had raised various objections to the petition. One of them was that since AIEEE was a competitive exam in which thousands of students appear, the petitioner could not be given advantage over others.
In response, the court observed, “Suffice it to say that even 10+2 examination is a competitive examination and so is the position with every examination.”






Dome to be heritage site: Gujarat HC
http://www.dnaindia.com/india/report_dome-to-be-heritage-site-gujarat-hc_1375257
Nikunj Soni / DNA
Sunday, April 25, 2010 9:33 IST
Ahmedabad: Justice MR Shah of the Gujarat high court has directed Ahmedabad Municipal Corporation (AMC) to preserve the historic Calico dome by restructuring it in its original design within a year.
The court also pointed out that the civic body cannot use this historic memorial for any other purpose.
The high court was hearing a petition filed by the AMC seeking permission to purchase the structure from the official liquidator of the Calico Mill. The official liquidator was looking after the assets of the closed mill.
The court issued many directives to preserve the Calico dome in its original form by allowing its purchase by the civic body for Rs30 lakh. The dome, which is situated on the Relief Road is in bad shape and is included in the list of heritage structures of the city.
This nearly 12-metre-wide structure formed a segmental dome, anchored at the edges, crowning over the steel tube space frame over the part-buried Calico mill shop. Built in 1962, the structure remained the epitome of the glory of textile mills .
The official liquidator insisted on selling the structure according to market price. The state government had valued it at Rs1.20 crore. However, thecourt accepted the AMC’s argument that the value of the heritage structure can't be evaluated as per market pricing.


Tamil to be Supreme Court language, hopes Karunanidhi
http://sify.com/news/tamil-to-be-supreme-court-language-hopes-karunanidhi-news-national-kezq4bijjdi.html
2010-04-25 16:30:00
Tamil Nadu Chief Minister M. Karunanidhi Sunday hoped Tamil will be one of the Supreme Court languages in the future and as a first step it should be accepted in the Madras High Court.
Speaking at the unveiling of B.R. Ambedkar's statue in the Madras High Court premises, he said: 'Tamil language should resonate in the precincts of the Supreme Court. As a first step, Tamil should be the high court language here for which the judges should take necessary steps.'
He said the DMK government does not lag behind any other government in following the ideals of Ambedkar regardless of the opposition.
Referring to the petition submitted by Madras High Court Advocates Association President R.C. Paul Kanakaraj for 10 acre ground for setting up a medical trust to render medical assistance for advocates, he said a decision will be taken after consulting with the state officials.
Unveiling the statue, Chief Justice of India K.G. Balakrishnan said: 'In all the courts across the country, cases are pending for several years. Setting up of more courts and appointing more judges is the only way to settle the pending cases.'
The Chief Justice of Madras High Court H.L. Gokhale said the lawyers should assist in the smooth functioning of the court.
He said the judges cite Ambedkar's philosophies in their judgments. It is the duty of the lawyers and judiciary to uphold the Indian constitution framed by Ambedkar.
The function witnessed some tense moments with a section of lawyers waving black flags and shouting slogans against Karunanidhi demanding action against police officials for last year's clash in the high court premises.





Bombay HC asks Maharashtra govt about steps to avert fresh terror attacks
http://www.dnaindia.com/mumbai/report_bombay-hc-asks-maharashtra-govt-about-steps-to-avert-fresh-terror-attacks_1375316
PTI
Sunday, April 25, 2010 14:03 IST
Yavatmal: A Nagpur bench of Bombay high court in a notice to state government has sought the steps it proposes to prevent fresh terror attacks in the state.
The division bench comprising justice JN Patel and justice BR Gavai hearing a criminal petition filed by one Digambar Pajgade proposing various measures to avert terror attacks, issued notices to state and senior officials asking them to reply in six weeks time. The matter would come up for hearing on May 6.
Pajgade has filed a criminal PIL on July 16, 2009 with a plea to order the state government to take preventive measures to avert fresh terrorists' attacks on public institutions and properties in Mumbai and other parts of the state.
He has also suggested a number of effective measures to be considered by the state government through his plea.





Wanted: A Board of Control to Control the BCCI
http://www.dnaindia.com/sport/interview_wanted-a-board-of-control-to-control-the-bcci_1375246-all
R Krishna
Sunday, April 25, 2010 2:53 IST
In 2000, Rahul Mehra, a lawyer and cricket lover, filed a Public Interest Litigation (PIL) against the Board of Control for Cricket in India (BCCI), demanding transparency and accountability in the way cricket is run in the country. The BCCI responded by arguing that it was a private society and that the Indian team was not a national side, but one picked by the BCCI. And therefore it couldn’t be subjected to a PIL of any sort. The court quashed this contention, thus establishing that the BCCI is indeed answerable to the public.
Ten years later, the BCCI is embroiled in what is perhaps the biggest controversy in its history, and it is facing many uncomfortable questions: Why was one man given so much power to run a lucrative league such as the IPL? Why aren’t rules, rather than the whims of an individual, governing important processes such as franchisee auctioning? What prevented others in the BCCI from taking action?
In an interview with The Mag, Mehra says that we need to take a hard look at the way office-bearers are elected in the BCCI and the state associations that come under it. But the reforms won’t come from within the BCCI; the government has to step in to clean up the act, says Mehra. Excerpts:
Is there a conflict of interest between those running the IPL and those participating in it?N Srinivasan was a treasurer when Sharad Pawar was the BCCI president. When Shashank Manohar took over as president, Srinivasan became the honorary secretary of BCCI. So you are the honorary secretary of the parent body of IPL. You are also the president of the Tamil Nadu Cricket Association. You also happen to occupy a position in the governing council of IPL — which is a sub-committee of the BCCI and takes all decisions regarding the governing of IPL. And then you are a stake-holder in Chennai Super Kings. Any of your decisions — be it as the secretary of the BCCI or the governing council member of IPL — can have a direct impact on Chennai Super Kings. Can there be a clearer case of conflict of interest than this?
Clearly, the administration needs reforms. But how can such reforms be carried out?Nobody (within the BCCI) will carry it out because they have their vested interests. It has to be an outside agency. It has to be the sports ministry because the BCCI is performing a public function. The government should say we will derecognise you if you don’t toe our line. They could say that we will take away your right to select Team India. The point is that there has to be political will at the Centre, because obviously this is not going to come from within the BCCI.The government only acts when there is a hue and cry. The ongoing investigations are highly motivated, but it is still good for the general public. At least something is happening now, which otherwise wouldn’t have.
Do elections at state-level associations also need reforms?At the local level, the key question is, what kind of electorate do you have? The problem is that you cannot do much about the current electorate since it’s the legacy of the past. But surely, in future, you can ensure that only sportsmen get voting rights. Ultimately, these are not social clubs. These are sporting clubs.In most associations, you see that there is one individual who has ruled the roost for 30-40 years, and ensured that his cronies, drivers, cooks, peons, relatives and close friends were inducted as members. Since they happen to be in a majority as members (of the association), time and again, the same person keeps coming back to power.
Instead, the BCCI should lay out guidelines whereby, while you might have anyone as a member, voting rights are given only to district-, state-, and international-level players.After all, the office-bearers will be looking at sporting requirements and some relative [of an office-bearer] who has no knowledge about the game is not the ideal person to elect the office-bearers of the association.
When I did my research in 2000, I found that in state associations, not even 5 per cent of the electorate are people who have played cricket in their life. If you don’t understand the technicalities and nuances of the game, how can you elect the right person? That’s why there is so much politics, backbiting and all the dirt that’s coming out now.
For example, Narendra Modi might be a great administrator and a great chief minister, but what are his credentials to come into cricket? Overnight, one saw him catapulted into the central politics of the BCCI because the Gujarat Cricket Association elected him as the president. How can that happen? There has to be some work that you’ve done at the grassroots, some credentials — apart from being a state or national-level leader — for you to be able to run a sports body.
What about the current manner of electing the top functionaries of the BCCI? First of all, there should be a standardised way of registering a member association. There are some member associations of the BCCI which are registered under the Societies Registration Act. Others, like the Delhi and District Cricket Association (DDCA), are registered under the Companies Act. The BCCI should standardise this — member associations should all be registered under the Societies Registration Act or under the Companies Act.In a body registered under the Societies Registration Act, you can’t vote by proxy. But in a body registered under the Companies Act, proxy voting is allowed.
This aspect is critical because in the proxy system, there are proxy forms that can be filled and misused in certain ways. However, in an organisation registered under the Societies Registration Act, there is no proxy system and voters have to be present at the time of voting. The key, however, is that voting has to be by secret ballot. Most of the time, we see that there is no polling officer and no fixed agenda. An independent person is not present to monitor the election process. There are only people who are motivated to see one side win. So power, money, muscle all come into play.
To clean things up, you should have an independent returning officer. You need to have a very honourable person — say, a jurist —and request him to conduct the election. There are around 30 state associations, apart from one or two organisations like the Railways which are members of the BCCI. All of them have a single vote (to elect the BCCI office-bearers).
Generally, a single member association sends two representatives to the BCCI at the time of election. So who is going to cast the vote eventually? That is decided by the BCCI. And who decides (within the BCCI)? The incumbent office-bearer decides who will be voting in the subsequent election. So there is a clear conflict of interest. I believe every election should be telecast on TV. If you can’t do that, at least have it video-recorded. Every minute of the election should be on tape. This is the standard practice anywhere.
What will it take to clean this up?To clear the current mess and in the larger interest of the game, I do feel there should be a regulatory body. The form of the regulatory body could be debated. It could be government-run or it could consist of distinguished people from society. But clearly, the regulation is never going to come from within the BCCI.
How can we ensure there is no cartelisation among the IPL franchisees?By being fair and transparent. For instance, the moment the auctioning became transparent, teams like Kochi came on board. Otherwise there would only have been a cartel. A larger point here is that if the prime minister of India or the state chief minister falls under the RTI, why not a public body like the BCCI? If you go by the law, you have to be a government body or have to be substantially funded by the state (to fall under the purview of the RTI). Now the BCCI can say that it isn’t funded by the State. But this can actually be challenged, saying that they are given exemptions worth thousands of crores in the form of stadium costs, that they are offered thousands of crores worth of security for every game, that they are being allowed to use the name ‘India’ etc. You can really come down hard on them.
Recently, one of the IPL franchise owners suggested on a TV channel that since the franchisees are the ones putting in the money, they should run the IPL. What is wrong with that idea?This is nonsense. If these eight or ten people are allowed to run the IPL, then what is the requirement of the BCCI? The BCCI has been given de-facto recognition by the government of India to run the game of cricket on its behalf. To now say that the franchisees are pumping in money and therefore should be allowed to govern and choose a leader amongst themselves would sound the death knell of a tournament like the IPL. Right now we are already debating whether these matches have been betted on and fixed, but these eight people may well decide amongst themselves which team should win each year. That would be a joke of sorts. Every year they will keep siphoning off money for themselves and keep showing losses and diverting funds overseas. Who will stop that? Unless and until there is aa watchdog — a role which BCCI should have assumed and which it didn’t — you can’t allow corporate entities a free run.Who is to blame for the current controversy?The fault lies mainly with the watchdog. If Lalit Modi was doing what he is alleged to have done, what were the BCCI, and the IPL governing council members, including independent watchdogs like Sunil Gavaskar, Ravi Shastri, and MAK Pataudi, doing? Why were they giving their assent to every document or decision taken by Lalit Modi? Weren’t they supposed to look into all the documents? They have lawyers on the governing council. The BCCI president himself is a senior lawyer in Nagpur. You don’t get bigger names than these. What were these people doing there? The fault lies with BCCI, not just Lalit Modi. Modi was allowed to have a free run. The real fault lies with people who let him have the free run.





Support legal aid programme: CJI
http://beta.thehindu.com/news/states/tamil-nadu/article410205.ece
Staff Reporter
The Chief Justice of India, Justice K. G. Balakrishnan, on Sunday called upon the stakeholders in judicial system to extend whole-hearted support to the para-legal and legal aid training programme conceived by the National Legal Services Authority.
Launching the nation-wide training programme at the Rajiv Gandhi National Institute of Youth Development, Sriperumbudur, the Chief Justice said the programme was launched with the objective of ensuring access to justice for the marginalised sections.
Noting that conduct of ‘lok adalats' and provision of legal services to the poor and needy through the NLSA and State-level LSAs had not brought in the desired results in terms of providing speedy justice, Mr. Balakrishnan said mass mobilisation of individuals with the inclination and capability to provide legal assistance to the poor and needy would help prevent legal disputes.
“It will be easy to prevent legal disputes if awareness of legal rights and laws is created among the general public. The large number of youth to be roped in as para-legal service providers will help achieve this objective”, he added. The training aims at identifying committed individuals as para-legal volunteers at district and taluk levels and equip them with knowledge and skills to act as intermediates between the people and legal service institutions at Central, State, district and taluk-levels.
Union Law Minister M. Veerapa Moily said the objective of the judicial system was to render justice to everyone, even the one last in the row. At the same time, the Union Minister said that protracted litigations were hiccups in the system.
“When I was Chief Minister of Karnataka, I found that several litigations over land acquisition blocked the implementation of Hassan irrigation project, an 18-year dream of ryots in that region. Subsequently, all litigations were cleared within a short period and the project was completed successfully to provide irrigation for 20 lakh acres since I felt justice denied to water is justice denied to everyone”, he added.
The blueprint for the National Legal Mission has been prepared, Mr. Moily said, and the Ministry was engaged in evolving the second generation legal education system. “Hitherto, a lower-level judicial officer was able to reach up to the district or State-level judicial position only. Efforts are being made to change the legal education system so as to help legal officers entering at the lower-level of the system reach higher positions,” he said.
Outlining the programme, the Chairman, National Consultation for Para Legal Training and Legal Aid Activities and Supreme Court Judge, P. Sathasivam said 400 out of 6400 blocks in the country would be covered under the programme initially. About 1000 members from NSS, Nehru Yuva Kendra Sankatan etc. would be trained at RGNIYD in association with Indira Gandhi National Open University, which is offering diploma course in para-legal services.
Chief Justice of Madras High Court H. L. Gokhale, Madras High Court judge E. Dharma Rao, Vice-Chancellor of the IGNOU V. N. Rajasekharan Pillai, vice-president, RGNIYD, C.R.Kesavan, director, RGNIYD, P.Michael Vetha Siromony and others participated in the function.
Later speaking to reporters, the Union Law Minister said the impasse relating to the new posting for former Karnataka Chief Justice P. D. Dinakaran would have to be dealt with by the judiciary.
When asked whether the introduction of para-legal services in Indian legal system could be construed as a preliminary step to open up the Indian legal education system to foreign universities, Mr. Moily replied in the negative and said that it was an effort to raise the legal education system to international standards.





More courts, judges needed to reduce pendency of cases: CJI
http://beta.thehindu.com/news/cities/Chennai/article410093.ece
PTI
Chief Justice of India K G Balakrishnan on Sunday said that in view of the increase in number of cases, the country needed more courts and judges to reduce the pendency.
“Our problem is large number of cases. Unless the number of judges and courts increase there is no other way to reduce pendency,” Justice Balakrishnan said.
“Tamil Nadu had good number of judges and pendency of cases in the Madras High Court has been reduced by 30,000 within a short time,” he said.
According to him, the public would have more confidence in the judiciary only if the pendency was reduced. “Like any public institution, quality of justice delivery also depends on the trust and confidence of large public,” he said.
After unveiling a statue of B R Ambedkar in the high court premises, he said, “It is apt tribute to Ambedkar’s life and contributions (to society).”
“Despite many constitutional democracies withering away in recent times, Indian democracy stood firm because of a strong Constitution.”
Noting that the judiciary was conscious of gender equality, Justice Balakrishnan, who retires next month, said “We have upheld laws protecting it.”
Union Law Minister Veerappa Moily said the UPA government was striving to realise the dreams of Mahatma Gandhi, former prime minister Jawaharlal Nehru and Ambedkar.
Describing Chief Minister M Karunanidhi, whose party the DMK is a UPA constituent, as a ‘pillar of strength’ for the government, he sought his support on reservation policy and ‘gender justice’.
“We require some more support (from you). We are all for equality of justice including reservation policy and gender justice. Even now there are personal laws which are gender biased. However, we recently brought in two to three laws that are gender neutral,” Mr. Moily said.
“I think it (gender justice) should enter all courts...only then our justice system can be perfect. He (Ambedkar) understood the meaning. It is left to you (judges) to interpret it,” he said.
Mr. Karunanidhi was also present at the function.





Violence mars CM's function at Madras HC
http://timesofindia.indiatimes.com/city/chennai/Violence-mars-CMs-function-at-Madras-HC/articleshow/5857566.cms
A Subramani, TNN, Apr 26, 2010, 03.10am IST
CHENNAI: Violence returned to haunt the Madras High Court campus on Sunday as attacks on journalists and black flag demonstrations marred chief minister M Karunanidhi’s participation in a function to unveil Dr BR Ambedkar’s statue. The CM was visiting the court premises for the first time after the violence on the campus on February 19, 2009 when lawyers and policemen clashed. The protest started when some advocates sprang to their feet soon after Karunanidhi commenced his speech. Even as they were waving black flags and shouting slogans, an unidentified group flung chairs at them, resulting in a fight. Camerapersons were also targeted. At least two video cameras were snatched and smashed by the rampaging mob. Karunanidhi continued his speech amidst the melee, saying he would not be deterred by such indecent interference. He said he bore no ill-will against advocates or police and went on to promise a hike in the ex-gratia paid in the event of the death of a lawyer from a public welfare fund.






Parab must show up in court, police to tell HC
http://timesofindia.indiatimes.com/city/goa/Parab-must-show-up-in-court-police-to-tell-HC/articleshow/5857187.cms
TNN, Apr 26, 2010, 03.52am IST
PANAJI: With no clue of constable Sanjay Parab's whereabouts, crime branch has decided to insist that he remains present in the high court of Bombay at Goa, which will hear Parab's anticipatory bail application on Monday. "We will insist that Parab should be present in court. We are also looking into the legal aspects of the matter before declaring him an absconder," said police sources. Incidentally, the police took more than a month to arrive at this decision. "A month back, Parab had filed an anticipatory bail application and the case got transferred from one court to another. But, the police didn't file any application in the court to ensure that the accused would be present in the courtroom", said sources. Despite issuing a look-out notice against Parab, police couldn't trace the constable, who is wanted by the crime branch for his alleged nexus with Israeli drug dealer Atala. He is absconding from the time a police inspector and four constables were arrested for their alleged nexus with the drug dealer. Parab has been booked under Section 59 (b) of the Narcotic Drugs and Psychotropic Substances Act, which deals with a government officer's connivance or wilful aid that results in the contravention of any provision of the NDPS Act. He is also booked for offences under Section 120 (b) of IPC, Sections 11 and 12 of Prevention of Corruption Act, and Sections 28, 29, 30 and 59 (b) of the NDPS Act. After the arrest of the five policemen involved in the case, searches were on to trace Parab, who after being suspended, had failed to report to the Goa Reserve Police on a daily basis. Incidentally, unlike the five policemen arrested, Parab has never worked in the Anti Narcotics Cell.




Ensure environment audit reports don't gather dust: Gujarat HC
http://www.business-standard.com/india/news/ensure-environment-audit-reports-don/t-gather-dust-gujarat-hc/392977/

Press Trust Of India / Ahmedabad April 26, 2010, 0:42 IST
The Gujarat High Court has directed the state pollution control board to ensure that environment audit reports are put to meaningful use to control pollution in the state. A division bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi issued the directives while dismissing a petition of Gujarat Dyestuff Manufacturers Association which sought scraping of the environmental audit for industries manufacturing specified products, last week.
“Gujarat Pollution Control Board (GPCB) is directed to take all necessary follow up steps on the basis of (environmental) audit reports to control environmental pollution,” the court said in the order. “GPCB shall also ensure that the data collected through such audit reports does not collect dust in the archives of its office but is put to meaningful use for understanding the environmental impact,” the court added.

The audit scheme was finalised by the High Court in 1996 after it received several petitions on rising pollution. The court had then asked GPCB as well as the state government to protect the natural resources. The court said the environmental audit is required to make the industry realise the impact of its activity. The petitioner, Gujarat Dyestuff Manufacturers Association, had contended that no useful purpose was being served by filing environmental reports as the GPCB had not put the said data collected to any effective use.
The association also pointed out that the environmental audit scheme was framed when industrial pollution was at its peak, but now most of the polluting industries have been brought under control. The association said its members are mainly small scale industries and they should not be burdened with providing environmental audit every year which involves huge cost.
But, the Court directed GPCB to continue with the environmental audit scheme, given that an agency like National Environmental Engineering Research Institute (NEERI) has recommended that the scheme followed in Gujarat should be replicated across the country.




Petition seeks stay on declaring IIT entrance result
http://sify.com/news/Petition-seeks-stay-on-declaring-IIT-entrance-result-news-National-ke0p4bdcgbh.html
2010-04-26 15:30:00
IANS
Citing an error, a non-government organisation (NGO) has approached the Delhi High Court seeking a stay on the publication of the result of Indian Institute of Technology (IIT) entrance exam held April 11.
The petition has also sought a fresh entrance test. It is likely to come up in court Tuesday.
Raising the issue of an error in the instructions for examinees who took the IIT joint entrance examination (IIT-JEE) in Hindi, the NGO filed the public interest litigation (PIL) Saturday.
'In the interest of justice, the court may pass an interim order or stay directing the respondent (IIT) not to announce the result in the meantime, till the pendency of the writ petition,' the PIL said.
'Due to the error, students who took the entrance exam in Hindi suffered a blow in more than one way,' M. Shakeel Khan, counsel for the NGO told IANS.
Chairman of the IIT-JEE, T.S. Natarajan has denied any plan to re-conduct the entrance examination.
'There is no need for re-conducting the examination. For the Hindi question paper problem, corrective measure will be decided in a committee meeting and it will be shared with people,' Natarajan told IANS over phone.
He also added that the results will be declared as per schedule.
Anand Kumar, director-cum-founder of Bihar-based Super 30 coaching centre for the economically poor, has favoured a fresh exam.
'The IIT must re-conduct the entrance examination as the problem in the question paper is very serious and meeting of the directors of the IITs held on Sunday also could not find any concrete solution,' Anand told IANS over phone.





No place for half measures
http://www.hindustantimes.com/No-place-for-half-measures/H1-Article1-535668.aspx
Pankaj Vohra, Hindustan Times
Email Author
New Delhi, April 25, 2010
The government appears to be in a dilemma over whether to order a probe into the functioning of the Indian Premier League (IPL) by a Joint Parliamentary Committee (JPC) or allow its agencies to investigate the matter that could have wide-ranging political ramifications.
The controversy seems to be leading to a situation where the IPL may make way for a PIL (public interest litigation) given the amount of money that has allegedly changed hands illegally in the name of cricket.
It is only a matter of time before the apex court will have to step in if the credibility of the system has to be restored in the eyes of the people who have been under the spell of the IPL for over a month now.
In the eye of the storm is the IPL tsar Lalit Modi whose alleged murky dealings may open a Pandora’s box that could jeopardise the political future of many top politicians. Shashi Tharoor, the former minister of state for external affairs, has already fallen by the wayside and no one knows who may follow suit.
The entire IPL circus has turned out to be the biggest scam of our times and could expose the ugly nexus among tax evaders, film stars, politicians, cricketers, corporate giants and the underworld. The IPL has also cast a shadow on its parent body, the Board of Control for Cricket in India (BCCI) that has as its members senior politicians from the NCP, the BJP and the Congress besides some smaller parties. Designed to help develop cricket, the League has got entangled in allegations of gambling, prostitution, match-fixing, money-laundering and tax evasion.
The most difficult problem before the government is that there is no one who is willing to believe that Lalit Modi acted on his own and without the patronage of those in the BCCI in general and the IPL Governing Council in particular. Therefore, for their own sake, in order to absolve themselves of any taint, each member of the IPL Governing Council as well as top cricket bosses would do well if they voluntarily subject themselves to scrutiny by government agencies.
The problem before the government is that a JPC probe may not yield the whole truth, as members of parties associated with those under the scanner are likely to be viewed with suspicion. The JPC will be expected to investigate even those in the government, a task that could lead to the souring of relations between, say, the Congress and the NCP at one level and the Congress and the National Conference on the other. This could have a huge impact on the governments in Maharashtra, J&K and the Centre. The JPC could also prove inconvenient for the BJP, the principal opposition party, since some of its top leaders are seen as those who helped Modi at some stage or have been associated with the conduct of the games.
As people watch the unfolding developments, the government and Parliament’s credibility will take a beating if nothing comes of the probe and the accused get off scot-free. Therefore, if the JPC is approved, its members should be those who have no stakes in cricket and who have a clean public image.
If the apex court gets involved through a PIL or through a presidential reference, the independent probe committee should comprise eminent people who should give their report within a specified period of a month or 45 days. The IPL chapter appears to be the most unfortunate one in the country’s sporting history. It raises questions about the involvement of politicians in cricket administration. The guilty should be brought to book. The probe should not lead to a situation where it undermines the credibility of the government and Parliament in the eyes of the people.





12 'expert' MLCs aren't experts: PIL
http://www.dnaindia.com/mumbai/report_12-expert-mlcs-aren-t-experts-pil_1375580
Mayura Janwalkar / DNA
Monday, April 26, 2010 0:23 IST
Mumbai: Twelve members of legislative council (MLC) appointed by the state government as “experts” do not actually fit the bill, states a public interest litigation (PIL) filed in the Bombay high court. After hearing the PIL, chief justice Anil Dave and justice SC Dharmadhikari have issued a notice to the government and sought a reply within four weeks.
The PIL filed by Birudeo Lavate and Sunil Kate, social acitivists from Sangola, said the appointment of the MLCs is politically motivated and has deprived deserving candidates of their right.
The petition stated that under clauses of article 171 of the constitution, the governor of a state has the power to appoint members to the legislative council who have “special knowledge or practical experience in respect of literature, science, art, co-operative movements and social services”.
However, the 12 MLCs appointed by the governor in 2008, are not experts as prescribed in the relevant clause of the constitution, said Machhindra Patil, advocate for the petitioners. Patil added that in an application filed under the Right to Information Act, under secretary RG Salvi had replied stating that information regarding the expertise possessed by these 12 MLAs was “not available”.






IPL PIL: HC asks Maha govt to file reply by May 5
http://www.ptinews.com/news/626315_IPL-PIL--HC-asks-Maha-govt-to-file-reply-by-May-5
STAFF WRITER 13:36 HRS IST
Mumbai, Apr 26 (PTI) The Bombay High Court today asked the Maharashtra Government whether there was any code of conduct for Chief Minister or any other minister who is taking part in the activities of sport bodies such as BCCI.The court asked whether any conflict of interest arises if a minister holds a post in a sports organisation.The government was also asked to clarify whether it has decided to levy entertainment tax on the IPL tournament.The court has asked the government to file its reply by May 5.The court's direction came in response to a PIL filed by Subhash Desai, Shiv Sena MLA, alleging that the government had decided to levy entertainment tax but did not implement it.




SC holds expulsion of former Punjab CM
http://news.oneindia.in/2010/04/26/sc-holds-expulsion-of-former-punjab-cm.html
Monday, April 26, 2010, 12:35 [IST] New Delhi, Apr 26: Terming it as unconstitutional, the Supreme Court on Monday, Apr 26, quashed the expulsion of former Punjab chief minister Captain Amarinder Singh from the State Assembly.
A five-judge constitution bench led by chief justice KG Balakrishnan directed the immediate restoration of Amarinder Singh's membership to the present assembly.
Singh was thrown out of the House on Sep 3, 2008, for 'breach of privilege' following the passing of a resolution based on a report of a special committee appointed by the Punjab Assembly on the alleged irregularities. The report concluded that the former Chief Minister has granted illegal exemption to certain developers which has resulted in a loss worth over several crores of rupees to the exchequer.The scam relates to grant of exemption on 32.5 acres of land in a prime area by Singh as the Chief Minister to certain land developers allegedly in violation of the rules. During his tenure as the Chief Minister, Singh is said to have granted an exemption on 32.5 acres of land in a prime area to certain land developers, which was allegedly in violation of the rules. OneIndia News






Govt confesses Justice Sabharwal not considered for NHRC post
http://www.merinews.com/article/govt-confesses-justice-sabharwal-not-considered-for-nhrc-post/15805161.shtml
Union government has confessed that former chief justice Y K Sabharwal was not made chairperson of National Human Rights Commission (NHRC), a post where appointee has to be a former CJI of India, because he was not considered fit for the post
CJ: SUBHASH CHANDRA..

Mon, Apr 26, 2010 10:39:16 IST

THE UNION government has confessed that formers chief justice of India (CJI) Y K Sabharwal was not made chairperson of National Human Rights Commission (NHRC), a post where an appointee has to be a former Chief Justice of India, because he was not considered fit to become NHRC chairperson. It is unfortunate that a person, who was not considered fit even for post of NHRC chairperson, headed Indian judiciary by virtue of seniority amongst Supreme Court judges.

Non-transparent appointment-system in higher judiciary has sparked many controversies where even the then Chief Justice of Delhi AP Shah cited injustice to him in denying him elevation to Apex Court. Appointment-system for higher judiciary including for Chief Justice of India should be modified so that controversies in appointments may not emerge, and a non-deserving person may not become Chief Justice of India just by virtue of seniority.






Aarushi murder: Accused file complaint with NHRC alleging torture by CBI
http://timesofindia.indiatimes.com/city/delhi/Aarushi-murder-Accused-file-complaint-with-NHRC-alleging-torture-by-CBI/articleshow/5676084.cms
IANS, Mar 12, 2010, 03.30pm IST
NEW DELHI: The National Human Rights Commission (NHRC), approached by counsel of the accused in the Aarushi murder case alleging torture by the Central Bureau of Investigation (CBI), said they "may or may not" take a view on the case. "The commission will take its due course of time to take a decision on the complaint. Since the case is already in the court, the commission may or may not take a view on the case," an official of NHRC said. According to the official, Naresh Kumar Yadav, counsel for accused Rajkumar and Vijay Mandal, filed a complaint to the NHRC on Thursday alleging torture by the CBI while conducting the narco-analysis tests. "Yadav said that the way in which the narco-analysis tests were conducted by the CBI on the accused, it seemed that there was an effort to put words in their mouth by the officers. The investigations, he said, were conducted in an inhuman manner by the team of doctors that made them go through physical and mental torture," the NHRC official said. The counsel added that he filed the complaint after a TV news channel aired footage of the narco-tests. "The counsel has asked the commission for a fair enquiry and to take action against the CBI officers who conducted the investigation and the doctors. He has also asked for compensation (for) his clients," the official added. Teenager Aarushi Talwar was found murdered at her home in Noida on the outskirts of Delhi in May 2008. The family's domestic help Hemraj, who was initially suspected, was himself found killed the next day.





Dumped foetuses: NCW asks govt to submit report
http://www.indianexpress.com/news/dumped-foetuses-ncw-asks-govt-to-submit-report/610976/
Express News Service
Posted: Sunday , Apr 25, 2010 at 0126 hrs Ahmedabad:
National Commission of Women (NCW) chairperson Girija Vyas on Saturday asked the state government to submit a report on the finding of 14 foetuses near Bapunagar in Ahmedabad. Vyas was in Gujarat to meet officials from the Women and Child Welfare Department.
Vyas said, “The commission is also concerned about low rate of conviction in cases registered under the PC-PNDT (Pre-Conceived and Pre-Natal Diagnostic Technique) Act.” She further said, “In Gujarat, around 68 cases were registered over the last few years but there has been conviction in only one case while 14 are pending.”
Vyas also said that there was a need to create awareness about saving the girl child as the current sex ratio is quite skewed. She said there is not a single state where the number of girls is higher than that of boys.
The sex ratio in Gujarat stands at 1000:878, Himachal Pradesh 1000:820 and Chhatisgarh 1000:845 against the all India Ratio of 1000:927. Vyas asked the state government to have more programs such as “Save the Girlchild”.
“We have asked the state governments to launch more awareness programmes regarding women empowerment and implement the laws effectively,” said Vyas.
Meanwhile, the police are still waiting for the FSL report in the case. According to police, the FSL is conducting a DNA test of the foetuses and the final report is expected to take some more time.






CAT to Delhi Police: Use caution while cancelling candidature
http://www.dnaindia.com/india/report_cat-to-delhi-police-use-caution-while-cancelling-candidature_1375278
PTI
Sunday, April 25, 2010 10:53 IST
New Delhi: The Central Administrative Tribunal has advised Delhi Police to exercise its power with caution in cancelling the candidature of provisionally selected candidates on the ground of their involvement in past criminal cases.
"There is a need for extreme caution... so that the quasi judicial authorities do not overstep their legitimate domain and give a finding over and above the findings recorded by a trial court," the Tribunal, comprising Members Shanker Raju and Veena Chhotray, said.
It cautioned Delhi Police against over-reaching the judicial findings as it needed careful consideration before denying appointment to a personnel.
"What is required is a very thorough consideration of all the attending circumstances of the case while carefully guarding the thin line of remaining within the legitimate domain and not overreaching the judicial findings. Arriving at hasty conclusions on isolated facts is also to be cautioned against," the Tribunal said.
It was hearing a plea of a provisionally selected constable Mahesh Dahiya, whose candidature was cancelled by the Delhi Police over his alleged involvement in a criminal case related to kidnapping.
Though no charge was proved by the prosecution against Dahiya, the Delhi Police decided not to appoint him citing his premeditated tendency of crime and his disrespect for law, the Tribunal noted.
"The Delhi Police have a right to verify the character and antecedents of Dahiya before issuing the final appointment order, and mere acquittal in the criminal case would not entail a claim for suo-motu appointment," it said.
Citing several decisions of the apex court over the issue, the police had contended that what would be relevant was the conduct and character of the candidate to be appointed to a service and not the actual result in the criminal case.
It had said the decision regarding cancellation has been taken after a very careful consideration by a high powered screening committee constituted by the police commissioner.
Dahiya had submitted that once a person was acquitted, the stigma from the criminal case was also obliterated. He claimed that the police had exceeded its jurisdiction in cancelling his candidature after he was acquitted by the court.
The Tribunal, however, refused relief to Dahiya as it found no justification to interfere with the decision of Delhi Police cancelling his candidature.