HC seeks MHA reply on selection of logos
Utkarsh Anand :
New Delhi, Thu Apr 26 2012, 00:21 hrs
The
Delhi High Court on Wednesday sought a response from the Union Ministry of Home
Affairs (MHA) on a petition which said there are no uniform guidelines for
public competitions to select symbols and logos of entities of national
importance.
Petitioner
Rakesh Kumar Singh, who had earlier challenged the selection of the Rupee
symbol, approached the Bench again in the wake of the court’s suggestion that
he should file a PIL instead to raise general concern over lack of guidelines.
On
Wednesday, a Bench headed by Acting Chief Justice A K Sikri admitted his
petition and asked the central government’s counsel, Jatan Singh, to file a counter
affidavit in four weeks.
The
MHA must inform the court if there are guidelines in place for convening public
competitions for selection of such symbols and how the government ensures equal
opportunities for all citizens to participate, if there are no such guidelines.
Singh
highlighted selection of five symbols — Indian Rupee, UID, ‘I’ Mark, Railways
and RTI. He said selection of all these symbols lacked democratic process and
deprived several people of the right to participate and be counted for their
ideas. “There was lack of wider national participation and (such competitions)
are conducted in a manner to benefit selected groups,” the petition said,
adding that the process was repugnant to the concept of participative society.
Singh
added that the advertisements for public competitions were usually issued only
in English, in complete violation of the Official Language Act. Also, in the
case of selection of the UID symbol, entries were sought only by e-mails,
thereby depriving many people not conversant with computers from participating,
he said.
NHRC not in favour of curbs on media reporting'
Last Updated: Friday, April 27, 2012, 20:01
New Delhi:
NHRC Chairperson KG Balakrishnan Friday said the Commission would not like to
have any curbs on media reporting which has an important role in promotion and
protection of human rights.
He was asked about NHRC's stand on the Supreme Court appointing a committee to make guidelines for media reporting during a media workshop organised by the Commission.
"The Commission is a formal party in the matter. However, it has decided not to intervene in it as the issue is only about reporting on court proceedings and not for general issues.
"The NHRC would not like to have any curbs on media reporting and it would rather want to have as much increased interface with media as possible for building awareness on human rights issues," he said.
He said media has an important role in the promotion and protection of human rights.
He was asked about NHRC's stand on the Supreme Court appointing a committee to make guidelines for media reporting during a media workshop organised by the Commission.
"The Commission is a formal party in the matter. However, it has decided not to intervene in it as the issue is only about reporting on court proceedings and not for general issues.
"The NHRC would not like to have any curbs on media reporting and it would rather want to have as much increased interface with media as possible for building awareness on human rights issues," he said.
He said media has an important role in the promotion and protection of human rights.
The decision
not to intervene in the Supreme Court matter, which is being heard at present
by a Bench headed by Chief Justice S H Kapadia, was taken at a recent sitting
of the Commission presided by Chairperson Justice K G Balakrishnan.
The Supreme Court constituted a bench to frame media guidelines following "misreporting" of certain proceedings in the court as well as reporting matters which were yet to come to the court.
The Supreme Court constituted a bench to frame media guidelines following "misreporting" of certain proceedings in the court as well as reporting matters which were yet to come to the court.
The case has been vigorously argued in the court with some senior
lawyers opposing any attempt to frame guidelines saying it would amount to
curbing free speech while one senior lawyer has welcomed it.
Earlier in an interview to PTI, Balakrishnan had flagged concerns about the press breaching privacy laws and rights of accused though he said that NHRC was not intervening in the matter.
Earlier in an interview to PTI, Balakrishnan had flagged concerns about the press breaching privacy laws and rights of accused though he said that NHRC was not intervening in the matter.
HC directive to reinstate ousted lecturer
KOCHI: The Kerala High Court on Friday directed the St.Albert’s College management to soon reinstate Sebastian K. Antony, the ousted senior lecturer in Malayalam. A Division Bench, comprising Justice V Ramkumar and Justice K Harilal, passed the order while considering an appeal filed by Sebastian challenging an order of the M G University Appellate Tribunal.
The tribunal had confirmed the management’s order dated January 1, 2009
dismissing the lecturer from service. The petitioner has been working at St.Albert’s
College with 24 years of continuous service.
Counsel for the petitioner, Advocate N Nandakumara Menon,
submitted that Antony was suspended from service on February,2008 on certain
cooked up allegations framed against him by the management. The petitioner was
charged by the management for tampering with the attendance register of the
Malayalam Department, erasing the leave column and signing across seven
different dates in June, July, November and December, 2007.
The petitioner contended that the dismissal order passed by the
management was totally vindictive. The court pointed out that the
counter-affidavit filed by the MG University stated that Antony was a genius.
The management had failed to prove the petitioner’s absence.
So the petitioner should be re-instated to service with the
complete back wages and attendance benefits, the court said.
Amity suicide: Sangma says niece phone taken away
TUHIN
DUTTA : Gurgaon, Sat Apr 28 2012, 01:07 hrs
Meghalaya chief minister Mukul Sangma on Friday told The Indian Express that
his niece Dana M Sangma’s mobile phone was taken away by Amity authorities
after she was stopped from taking an examination. Dana, who the college claims was caught cheating, allegedly committed suicide later.
“If a person is distressed, he/she will try to talk to someone. But when her mobile phone was taken away, she couldn’t. This is what my investigation has revealed. She could have been counselled,” Sangma said.
Meanwhile, the National Commission for Women (NCW) has taken suo-motu cognisance of Dana’s suicide. The NCW said she committed suicide after she was reportedly humiliated by an exam invigilator.
An NCW statement said a four-member team has also been constituted with Wansuk Syem as its chairperson. The panel will meet police officials and others to ascertain facts.
Court appreciates SP for ending caste animosity
Justice D. Hariparanthaman recorded his appreciation for the SP
and his team of policemen while closing a writ petition filed last year by
Villoor Panchayat President S. Subbulakshmi seeking a judicial enquiry into the
incidents that led to a police firing in the village on May 1.
The case was closed with the concurrence of the petitioner as
well as the respondents after recording the contents of a status report filed
by the SP, according to whom some forms of untouchability was in existence in
the village, inhabited by Agamudairs and Dalits, from time immemorial.
Mr. Garg said that Dalits were not allowed to ride their vehicles
through streets occupied predominantly by Caste Hindus in the village. Double
tumbler system was also practised in tea shops and Dalits could not dare to sit
on the benches in the local eateries.
Abhorring such practices, he said: “I feel that we should realise
that God never made man that he may consider another man as an untouchable. And
to say that a single human being, because of his birth, becomes an untouchable,
unapproachable or invisible is to deny God.”
On April 30 last year, the local police received a complaint that
a 22-year-old Dalit G. Thangapandi was assaulted by Caste Hindus when he
attempted to ride a two-wheeler through their street. A case was registered on
the basis of the complaint and five of them were arrested on May 1.
“Since the matter seemed to be a serious one involving
untouchability, I visited the village in the afternoon on May 1 in order to
assess the actual situation. After I left, a few Dalit houses were damaged by a
big mob of Agamudiar community people.
“On hearing about this, again I returned to the village. While I
was approaching the area with a few policemen, suddenly another crowd armed
with weapons such as swords and stones started attacking us. Because of being
outnumbered, we retreated back to the Villoor police station.
“Finally, they surrounded the police station and attacked it. As
all other legal steps taken by us did not yield any result, in order to protect
our lives and the police station, myself and my PSO (personal security officer)
fired a few ammunition rounds (in the air) under which the miscreants ran
away,” the SP said.
Stating that as many as seven criminal cases had been registered
in connection with the firing incident, he said that a team of policemen headed
by him recently took efforts to bring about peace between the two warring
groups by holding a series of peace committee meetings.
The efforts bore fruit as leaders from both the communities
signed an agreement on April 24 agreeing to iron out their differences and live
peacefully. It was also resolved that all out efforts would be taken to ensure
that no form of untouchability should be practised in the village.
The other terms of the agreement stated that Dalits should not be
forced to perform menial jobs. At the same time, they must not prevent any
individual who willingly assists Caste Hindus and exaggerate small personal and
trivial issues as a communal problem.
“They (Dalits) shall also ensure that if any such anti-social
element indulges in magnifying trivial issues and disturbs communal harmony,
they shall themselves hand him over to the police… It is therefore humbly
submitted that this status report may kindly be accepted and this court may
pass any order as it may deem fit,” the SP concluded.
HC issues notices to Bihar Governor and Patna University VC
PTI | 08:04 PM,Apr 27,2012
Patna,
Apr 27 (PTI) The Patna High Court today issued notices to Governor Devanand
Konwar and the Vice-Chancellor of Patna University on a writ petition
challenging the latter's appointment without consultation with the state
government. Justice Ajay Kumar Tripathi passed the order on the writ petition
filed by a student leader, Mukesh Kumar Singh, and others. The judge issued the
notices to Konwar, who is also the Chancellor of universities in Bihar, and
Patna University's Vice-Chancellor Shambhu Nath Singh, asking them to explain
their position in the matter. In the petition, the petitioners alleged that
Konwar, vide an order dated August 8, 2011, had appointed Singh as the
Vice-Chancellor of Patna University without holding consultations with the
state government as was required under the provisions of Patna University Act.
Vacate official residence by May 31: HC to former UP cab secy
Last Updated: Friday, April 27, 2012, 21:19
Lucknow:
Allahabad High Court on Friday asked former Uttar Pradesh cabinet secretary Shashank
Shekhar Singh to vacate government residence given to him before May 31.
The order was passed by Lucknow bench on a writ petition filed by Singh challenging April 24 order of the state government cancelling allotment of his house in Raj Bhawan colony.
The order was passed by Lucknow bench on a writ petition filed by Singh challenging April 24 order of the state government cancelling allotment of his house in Raj Bhawan colony.
The state
government had on April 25 also issued a notice to vacate the house. The former
cabinet secretary had yesterday moved a petition challenging the government
order.
Senior counsel JN Mathur, appearing for Singh argued that the order was "arbitrary and illegal".
The single bench of Justice SN Shukla observed that on the event of retirement, ordinarily, the retired employee is entitled to retain the accommodation for one month and further for one additional month by special permission of the state government.
Senior counsel JN Mathur, appearing for Singh argued that the order was "arbitrary and illegal".
The single bench of Justice SN Shukla observed that on the event of retirement, ordinarily, the retired employee is entitled to retain the accommodation for one month and further for one additional month by special permission of the state government.
"The petitioner retired on March 9, thus, ordinarily he was
entitled to retain the house till April 9 but under the strength of office
memorandum dated March 6 he continued his occupation which entitled him to
retain the accommodation till March 9, 2013 which now has been cancelled by the
government," it said.
"But keeping in view the submissions of senior counsel Mathur that petitioner's house is under repairing and that may take about further one month to be completed, I accept his undertaking as recorded and allow him to retain the house till the mid night of May 31," it added.
The court directed that as per his undertaking Singh was bound to vacate the house by the mid night of May 31.
"In default, the government shall be at liberty to get the house in question vacated with the aid of the police force," it said.
"On the request of the counsel for the petitioner, I hereby observe that petitioner's living in the house in dispute shall not be disturbed till the mid night of May 31," the bench added while disposing off the writ petition.
Singh showed his willingness to vacate the house by recording undertaking through an affidavit filed before the court.
"Through his statement as recorded in the affidavit in the form of undertaking, it is stated by him that he gives an unequivocal undertaking on oath that he shall vacate the official residence on or before May 31," the bench said.
"But keeping in view the submissions of senior counsel Mathur that petitioner's house is under repairing and that may take about further one month to be completed, I accept his undertaking as recorded and allow him to retain the house till the mid night of May 31," it added.
The court directed that as per his undertaking Singh was bound to vacate the house by the mid night of May 31.
"In default, the government shall be at liberty to get the house in question vacated with the aid of the police force," it said.
"On the request of the counsel for the petitioner, I hereby observe that petitioner's living in the house in dispute shall not be disturbed till the mid night of May 31," the bench added while disposing off the writ petition.
Singh showed his willingness to vacate the house by recording undertaking through an affidavit filed before the court.
"Through his statement as recorded in the affidavit in the form of undertaking, it is stated by him that he gives an unequivocal undertaking on oath that he shall vacate the official residence on or before May 31," the bench said.
HC upholds acquisition proceedings for Chennai Metro Rail
PTI | 09:04 PM,Apr 27,2012
Chennai,
Apr 27 (PTI): The Madras High Court today upheld acquisition proceedings of
land in Anna Salai, Anna Nagar and some other places for the ongoing Chennai
Metro Rail Project (CMRP). Dismissing a batch of writ petitions from EMCETE and
Sons Private Ltd and six others, Justice V K Sharma observed 'On consideration,
I find no force in these writ petitions.' Noting that the objections of the
petitioners had been considered and that they were informed that their
objections could not be accepted, the Judge said the bonafide of the government
in acquiring the lands could not be doubted. Rejecting the contention that the
urgency clause had been mechanically invoked, the Judge said it had been
invoked keeping in view the real urgency and to see that the project did not
come to a standstill at any stage. The Judge said the writ petitions were not
maintainable in view of the settled law that it was not open to land owners to
challenge the acquisition proceedings after the award was passed. Since the
petitioners had participated in the award proceedings, they could not now
challenge the acquisition, the judge said and dismissed the petitions. PTI GR
APR APR
Sardarpura case: HC admits plea against acquittal of 31
Last Updated: Friday, April 27, 2012, 23:48
Ahmedabad:
Gujarat High Court on Friday admitted a petition of the state government
challenging acquittal of 31 accused by a trial court in the 2002 Sardarpura
riot case.
The division bench of Justices Jayant Patel and Paresh Upadhyay admitted the appeal and scheduled further hearing of the case on May 3.
The court has also issued bailable warrant against the 31 accused and told them to avail bail on personal bond of Rs 5,000 each.
The division bench of Justices Jayant Patel and Paresh Upadhyay admitted the appeal and scheduled further hearing of the case on May 3.
The court has also issued bailable warrant against the 31 accused and told them to avail bail on personal bond of Rs 5,000 each.
In November
last year, a special court in Mehsana had awarded life imprisonment to the 31
people in the Sardarpuara riot case and acquitted 42 others.
The incident had taken place on March 1, 2002 after the Godhra train burning incident, where 33 people of a minority community were burnt to death.
"The state government's appeal challenging acquittal of 31 people in this case was admitted today in the high court," special prosecutor for SIT JM Panchal said.
"The trial court had acquitted 11 saying that they were not involved in the case, while 31 others were acquitted on the grounds of benefit of doubt. The state government has challenged the acquittal of these 31 people," Panchal said.
The incident had taken place on March 1, 2002 after the Godhra train burning incident, where 33 people of a minority community were burnt to death.
"The state government's appeal challenging acquittal of 31 people in this case was admitted today in the high court," special prosecutor for SIT JM Panchal said.
"The trial court had acquitted 11 saying that they were not involved in the case, while 31 others were acquitted on the grounds of benefit of doubt. The state government has challenged the acquittal of these 31 people," Panchal said.
The Supreme Court-appointed Special Investigation Team, which had
probed the case, has also filed an application seeking leave to prepare appeal
against the trial court's order of acquittal of 31 people on benefit of doubt.
Meanwhile, victims of the case have also filed appeal against acquittal in the case. The 31 people convicted and sentenced to life imprisonment in the case have also approached the court against the verdict of the trial court.
Meanwhile, victims of the case have also filed appeal against acquittal in the case. The 31 people convicted and sentenced to life imprisonment in the case have also approached the court against the verdict of the trial court.
Aarushi murder case: Supreme Court tells Nupur Talwar to surrender before Ghaziabad court on Monday
Dhananjay Mahapatra, TNN Apr 27, 2012, 03.26PM IST
NEW DELHI: In a setback to the Talwars in the Aarushi murder case, the
Supreme Court has asked Nupur Talwar to surrender before the Ghaziabad sesions
court on Monday.The apex court refused to stay the non-bailable arrest warrant against her.
The court allowed her to move bail plea before trial court on Monday and asked the magistrate to decide it on the same day.
SC says it will hear in detail on next Friday Nupur Talwar's plea for review of the apex court's January 6 order by which it had dismissed her petition challenging the trial court summoning her as an accused in the case despite the CBI filing a closure report.
The trial court had summoned both Dr Rajesh Talwar and Nupur as accused by an order of February 9 last year.
Nupur had pleaded in her petition that besides being an aggrieved mother and law abiding citizen, she also enjoys the reputation as one of the best dental surgeons of this country and if she would be arrested, then people would not make any distinction between arrest at a pre-conviction stage or post-conviction stage of this present case.
Nupur and her husband Rajesh Talwar are facing trial in the twin murder case of her daughter Aarushi and domestic help Hemraj.
Aarushi was found dead with her throat slit at their Noida residence on the night intervening May 15 and 16, 2008, while the body of Hemraj was recovered from the terrace of the house the next day.
High court slaps Rs 50cr fine on Makrana marble mining body
JODHPUR: Cracking the
whip on miners disobeying its orders, the Rajasthan High Court on Friday
slapped a fine of Rs 50 crore on the Sangemarmar
Khan Vikas Samiti, the association of marble mines of Makrana in Nagaur
district.
A division bench
comprising Chief Justice Arun Kumar Mishra and Justice Kailash Chandra Joshi
found the association's mines guilty of damaging the Jaipur-Jodhpur railway
tracks passing through Makrana town and imposed an additional penalty on 61
such mines for not complying with a restraint order passed by the high court in
1996.
As additional penalty,
the 61 mines would have to pay as much as 10 times the cost of the total marble
extracted by these mines from the restraint order to till date.
Further, the court has
directed the state government to register police complaints against three
mines, which have caused the maximum damage to the railway tracks. Owner of one
of these three mines-Khalil Ahmed-has been directed to pay an additional fine
of Rs 1 crore.
The mining association
and the individual mines have been directed to deposit the penalty money with
the state government within three months. The Indian Railways, which has been
directed to repair the damaged tracks within this year, would be able to use
this money.
The high court has
ordered the government to stop all mining activities within 45 meters of any
road and railway track across the state with immediate effect.
The division bench has
suggested to the state government to identify all its mining officials who were
posted in Makrana during the period when the court's restraint orders were
violated.
The high court passed
the order as it disposed of the separate petitions filed by the Union of India
and the mining association of Makrana in 1996. The Union of India had
identified before the high court the 61 mines that continued their operations
despite a stay order passed in 1996. The next year the mining association filed
a petition requesting that the ban be lifted, but the high court turned it
down.
While hearing the
petitions on 16 February the high court had asked the state chief secretary to
tell the government's stand on the mines operating close to the railway tracks.
The chief secretary assured the court that all mining leases close to the
tracks would be cancelled and that the government would ensure there is no
further violation of the court order.
The bench on Friday also
ordered contempt of court proceedings against a local photographer who
accompanied a court commissioner appointed to review the damage done by the
illegal mining but later failed to hand over the pictures clicked by him to the
high court.
High court rejects suspended Inspector General’s bail plea in Dara case
JAIPUR: The Rajasthan
High Court on Friday rejected the bail application of suspended Inspector
General A
Ponnuchami, who is currently in judicial custody at the Jaipur Central Jail
for his alleged involvement in the Dara
Singh encounter case.
The court, however, pulled up the CBI for not informing the state government about making notorious criminals Veer Singh and Tilia prosecution witnesses in the case and recording their statements before a magistrate under Section 164 of CrPC.
Justice Mahesh Sharma rejected the bail plea and directed CBI officer Subhash Kundu and attorney general GS Bapna to inform the state government about these two prosecution witnesses.
"The court said after the material witnesses are done with testifying in the case, the accused can move bail applications in the district session court," Ponnuchami's advocate AK Jain told TOI.
In the Dara Singh case trial, statement of 19 witnesses - Om Prakash, Kusum Lata Meena, Kaluram Meena, Vijay Singh, Soran Singh, Kailash Narain, Krishna Kumar, Ram Kishore, Mukut Bihari Chouhan, Rohit Kumar Singh, Bhanwar Lal, Hari Ram Meena, Vishnu Kumar Gour, Milan Kumar Johia, Sushil Sharma, Virendra Pal, Vishal Singh, Yogendra, Ajit Singh have been recorded. The CBI has named 254 witnesses.
"The court asked the CBI to record the statement of remaining material witnesses. The court said after material witnesses' statements are recorded, the accused men would be able to move bail applications in the court of district and session judge, Jaipur district," said Jain.
The court, however, pulled up the CBI for not informing the state government about making notorious criminals Veer Singh and Tilia prosecution witnesses in the case and recording their statements before a magistrate under Section 164 of CrPC.
Justice Mahesh Sharma rejected the bail plea and directed CBI officer Subhash Kundu and attorney general GS Bapna to inform the state government about these two prosecution witnesses.
"The court said after the material witnesses are done with testifying in the case, the accused can move bail applications in the district session court," Ponnuchami's advocate AK Jain told TOI.
In the Dara Singh case trial, statement of 19 witnesses - Om Prakash, Kusum Lata Meena, Kaluram Meena, Vijay Singh, Soran Singh, Kailash Narain, Krishna Kumar, Ram Kishore, Mukut Bihari Chouhan, Rohit Kumar Singh, Bhanwar Lal, Hari Ram Meena, Vishnu Kumar Gour, Milan Kumar Johia, Sushil Sharma, Virendra Pal, Vishal Singh, Yogendra, Ajit Singh have been recorded. The CBI has named 254 witnesses.
"The court asked the CBI to record the statement of remaining material witnesses. The court said after material witnesses' statements are recorded, the accused men would be able to move bail applications in the court of district and session judge, Jaipur district," said Jain.
Supreme Court upholds High court's decision to quash quota in promotion
LUCKNOW: The Supreme Court, on Friday upheld the
Allahabad high court's decision to scrap the policy of reservations
in promotions introduced by the Mayawati
government.
The Allahabad
high court on January 4, 2011 had dubbed it "unconstitutional"
and struck it down following at least 50 petitions by employees associations
from across the state. Following this, a special leave petition was filed in
the Supreme
Court against the order by the Bahujan
Samaj Party government and some organisations.
Terming the SC decision to quash reservation in
promotion as a milestone, the state government employees of general category
burst into celebrations on Friday. The decision will benefit nearly 18 lakh UP
government employees -- mainly of the general and OBC category -- who have been
waiting for their promotions for the past five years.
The issue dates back to 2007, when Mayawati came
to power and introduced reservation in promotions. The BSP government
introduced the policy that stipulated reservation for SC employees in the first
stage of their promotion and that of the benefit of consequential seniority in
successive promotions under Rule 8-A of the UP Government Servants Seniority
(Third amendment) Rules, 2007.
However, on January 4, 2011, the Lucknow bench
of the Allahabad High Court comprising Justice Pradeep Kant and Justice Ritu
Raj Awasthi ruled that there is no provision of reservation in promotion with
respect to government services in Uttar Pradesh. It also struck down rule 8A of
the consequential seniority rules as amended in 2007, holding that they are not
in conformity with the Supreme Court directives. Also, the court quashed a
number of seniority lists of various government departments, which had been
prepared on the basis of the said rules.
The Mayawati government had then moved a special
leave petition in the Supreme Court following which the high court order was
stayed.
Things started changing with the change of guard
in Uttar Pradesh in March when SP rode to power. In fact, the high-level
committee, headed by UP chief secretary Jawed Usmani on March 28 issued a
circular stating that the state government will abide by the high court's order
of January 4, 2011.
Employees under the aegis of Sarvajan Hitay
Sanrakshan Samiti distributed sweets and hugged each other as soon as the news
of the Supreme Court decision trickled in. "It is not the question of
one's victory or other's defeat. It is a question of welfare of the
state," said president of the Samiti, Shailendra Dubey. He said that there
have been grave resentment and apprehensions among the employees vis-a-vis
their future for the past five years. Dubey claimed that it will also benefit
over two lakh SC/ST employees, who could not be promoted (as per their
seniority) since the matter was sub judice.
The Samiti has asked the state government to
promote officers and get the vacant positions filled as per the seniority. The
Samiti also demanded notional promotion to those who retired from the service
without taking their due promotions.
Executive member of Abhiyanta Sangh, Sandeep
Pandey said, "It was because of the vacant positions that many development
activities have been stalled in the state. That may resume now," he said.
However, government employees belonging to the
reserved category under the aegis of Arakshan Bachao Sangharsh Samiti termed
the decision as "unfortunate". Samiti president, KB Ram said that the
officials of the reserved category will be filing a review petition in the
Supreme Court. "We have asked the members to maintain restrain and
continue to fight. It is unfortunate that the employees of the reserved category
have been deprived of the benefits prescribed in the Constitution," Ram
said.
Retd army officer moves court against conviction
PTI | 08:04 PM,Apr 27,2012
Chennai,
Apr 27 (PTI) Retired Army officer K Ramaraj, sentenced to life imprisonment for
killing a 13-year-old boy who had entered the army officers quarters complex, a
restricted area, in July last year, today moved the Madras High Court against
his conviction. In his appeal, Ramaraj, a retired Lt. Colonel, sought setting
aside of the April 20 order of a Fast Track Court which had convicted him for
murder and slapped on him a fine of Rs 60,000. Additional Sessions Judge
(FTC-V) R Radha directed that Rs 50,000 of the amount be paid as compensation
to the mother of Dilshan who was shot in the head on July 3 last allegedly by
Ramaraj after he and two friends had scaled the boundary wall of Old Fort
Glacis Army Officers' Enclave to pluck almonds. When the appeal came up for
hearing before the court, a division bench comprising Justices C Nagappan and P
Devadas ordered issue of notice to the crime branch-CID of the Tamil Nadu
police.
2 get life term for murder of LMC chief
PUNE: Three years after the murder of Lonavla
municipal council (LMC) president Raju
Hiralal Chaudhari alias Bhupendra, the court of additional sessions judge V
V Joshi on Friday sentenced the two accused to life imprisonment with a fine of
Rs 13,000 each.
The accused - Sumit Gawli (27) and Jaffar Shaikh
(27) - were also sentenced to five years of rigorous imprisonment (RI) on
charges of attempting to murder Umesh Mudaliyar, member of LMC school board,
also an eye witness in the case.
The accused were further sentenced to three
years RI for destroying evidence. The sentences will run concurrently.
The four other suspects - Prakash Gawli (27),
Amit Gawli (27), Shashikant Jadhav (63) and Girish Kamble (32) - were acquitted
due to lack of evidence.
On May 26, 2009, around 2.15 pm, Chaudhari (53)
was chatting with Mudaliyar in his office, when Gawli and Shaikh barged into
the chamber and started to abuse him, the prosecution had said. Gawli dragged
Chaudhari from his chair and attacked him with a sharp weapon on various parts
of his body, killing him on the spot. When Mudaliyar tried to intervene, Gawli
and his accomplice hit him on the head with the same weapon and made a daring
escape. Chaudhari had received 42 wounds.
According to the prosecution, Chaudhari was
president of the LMC for two years prior to his death and was about to complete
his tenure. However, even after the completion of his tenure, he was expected
to continue in the post since it was reserved for other backward class
candidates. This had reduced the chances of Gawli's brother, Amit, from getting
elected as president. Amit was an elected representative in the LMC.
Meanwhile, the incident had created a
law-and-order problem in Lonavla. The Pune rural police had filed chargesheets
against six people in the murder case.
Out of the 26 witnesses, six had turned hostile,
but special public prosecutor Sadanand Deshmukh and the victim's lawyer, Suresh
Gawli, had relied on the evidence of Mudaliyar and others for proving the guilt
of the accused.
The 49 page judgment reads that the prosecution
had proved that the accused had murdered Chaudhari even as eye witnesses and
injured persons had tried to save him. The accused had also assaulted them with
sharp weapons and had disappeared with the evidence.
Judge Joshi held that the motive of committing
the murder was clear since the LMC, in a demolition drive, had demolished the hotels
run by Gawli and his family. Even though Chaudhari had nothing to do with the
drive, Gawli had held him responsible. The LMC had launched the drive as per
the directions of the Bombay high court.
Judge Joshi observed that the prosecution had
proved that Gawli had committed the murder in connivance with Shaikh. In the
cross examination of witnesses, it was brought on record that there was
political rivalry between the family members of the deceased and the accused.
The prosecution had also proved that blood
stains of the victim found on the clothes of the accused and the weapons seized
from them had tallied with the victim's blood group, the judge added.
On the acquittal of four suspects, Deshmukh told
TOI that he will file an appeal in the Bombay high court after receiving a
certified copy of the judgment. The accused were represented by lawyers
Dhairyasheel Patil and Sushilkumar Pise.
Court jails Bangaru, says corruption worse than prostitution
Last Updated: Saturday, April 28, 2012, 19:23
New Delhi, April 28: A court here on Saturday sentenced former BJP president Bangaru Laxman to four years in jail and also imposed a fine of Rs 1 lakh on him for taking a bribe of Rs 1 lakh in a fictitious arms deal case 11 years ago.
72-year-old Laxman, also a former Union minister, was yesterday convicted by the court of Additional Sessions Judge Kanwal Jeet Arora at Dwarka.
The court held Laxman guilty of taking the bribe from fake arms dealers to recommend to the Defence Ministry to award them a contract to supply thermal binoculars to the Army.
The court awarded him the prison term, rejecting his plea for leniency and ordered that he be taken in custody to serve the sentence.
New Delhi, April 28: A court here on Saturday sentenced former BJP president Bangaru Laxman to four years in jail and also imposed a fine of Rs 1 lakh on him for taking a bribe of Rs 1 lakh in a fictitious arms deal case 11 years ago.
72-year-old Laxman, also a former Union minister, was yesterday convicted by the court of Additional Sessions Judge Kanwal Jeet Arora at Dwarka.
The court held Laxman guilty of taking the bribe from fake arms dealers to recommend to the Defence Ministry to award them a contract to supply thermal binoculars to the Army.
The court awarded him the prison term, rejecting his plea for leniency and ordered that he be taken in custody to serve the sentence.
"Balancing
the twin interest of society and that of the convict, I am of the opinion that
interest of justice would be met, if the convict is sentenced to undergo
rigorous imprisonment for a term of four years and to pay a fine of Rs 1 lakh
for the offence under Section 9 of the Prevention of Corruption Act," the
judge said.
"It is often said that the accomplice of the crime of corruption is generally our own indifference. 'Sab chalta hai' syndrome has led us to the present situation, where we are, where nothing moves without an illegal consideration. People are forced to pay for getting even the right things done at right time," he added.
Laxman’s counsel said they will appeal against the sentence in the High Court.
The Congress, meanwhile, reacted by saying it is the first time a national chief of a political party has been sentenced. Rashid Alvi said it was time for the BJP to sit back and introspect.
During arguments on quantum of punishment earlier in the day, the CBI had sought the maximum five years’ punishment for Laxman.
"It is often said that the accomplice of the crime of corruption is generally our own indifference. 'Sab chalta hai' syndrome has led us to the present situation, where we are, where nothing moves without an illegal consideration. People are forced to pay for getting even the right things done at right time," he added.
Laxman’s counsel said they will appeal against the sentence in the High Court.
The Congress, meanwhile, reacted by saying it is the first time a national chief of a political party has been sentenced. Rashid Alvi said it was time for the BJP to sit back and introspect.
During arguments on quantum of punishment earlier in the day, the CBI had sought the maximum five years’ punishment for Laxman.
Citing various Supreme Court judgements on corruption, the prosecutor
had said corruption is rampant and it has to be dealt severely.
"CBI has been able to prove the case against Bangaru so we want maximum punishment for him under Section 9 of the Prevention of Corruption Act," the prosecutor said.
On being asked by the judge as to why he should be given a minimum punishment of six months, the politician had said he was not keeping well and has undergone bypass surgery twice.
"I have health problems as I have undergone bypass surgery twice and suffering from diabetes. I have never been involved in any such case before. So, I should be given the minimum sentence," Bangaru had pleaded.
The court had found Laxman guilty under provisions of the Prevention of Corruption Act.
"I am of the considered opinion that CBI (Central Bureau of Investigation) had been able to establish the necessary ingredients of offence under Section 9 of the Prevention of Corruption Act, 1988 against accused Bangaru Laxman beyond reasonable doubt," the judge had said yesterday.
"The accused Bangaru Laxman on January 5, 2001 had accepted illegal gratification of Rs 1 lakh from M/S Westend International and has further agreed to accept the balance amount of illegal gratification in dollars, as a motive or reward for exercise of personal influence on the public servants working with ministry of defence, to show favour for award of a supply order in favour of the above mentioned company of HHTIs (hand-held thermal imagers) to Indian Army," the court added.
The case dates to 2001, when newsportal tehelka.com carried out a sting operation that caught Laxman on camera receiving money from a journalist posing as an arms dealer. He later resigned as the BJP chief.
Tehelka had released CDs showing Laxman accepting money for awarding a contract to a fictitious Britain-based company M/s West End International, for the supply of the imagers to the Indian Army.
A Delhi court had in May 2011 framed corruption charges against Laxman. The CBI, in its chargesheet, said that Laxman accepted Rs 1 lakh from the representatives of the purported firm in 2001 at his office for pursuing their proposal to supply certain products to the Army.
"CBI has been able to prove the case against Bangaru so we want maximum punishment for him under Section 9 of the Prevention of Corruption Act," the prosecutor said.
On being asked by the judge as to why he should be given a minimum punishment of six months, the politician had said he was not keeping well and has undergone bypass surgery twice.
"I have health problems as I have undergone bypass surgery twice and suffering from diabetes. I have never been involved in any such case before. So, I should be given the minimum sentence," Bangaru had pleaded.
The court had found Laxman guilty under provisions of the Prevention of Corruption Act.
"I am of the considered opinion that CBI (Central Bureau of Investigation) had been able to establish the necessary ingredients of offence under Section 9 of the Prevention of Corruption Act, 1988 against accused Bangaru Laxman beyond reasonable doubt," the judge had said yesterday.
"The accused Bangaru Laxman on January 5, 2001 had accepted illegal gratification of Rs 1 lakh from M/S Westend International and has further agreed to accept the balance amount of illegal gratification in dollars, as a motive or reward for exercise of personal influence on the public servants working with ministry of defence, to show favour for award of a supply order in favour of the above mentioned company of HHTIs (hand-held thermal imagers) to Indian Army," the court added.
The case dates to 2001, when newsportal tehelka.com carried out a sting operation that caught Laxman on camera receiving money from a journalist posing as an arms dealer. He later resigned as the BJP chief.
Tehelka had released CDs showing Laxman accepting money for awarding a contract to a fictitious Britain-based company M/s West End International, for the supply of the imagers to the Indian Army.
A Delhi court had in May 2011 framed corruption charges against Laxman. The CBI, in its chargesheet, said that Laxman accepted Rs 1 lakh from the representatives of the purported firm in 2001 at his office for pursuing their proposal to supply certain products to the Army.
Crime victims don’t need court’s nod to appeal: HC
MUMBAI: Striking a blow for the
rights of victims of crime, the Bombay high
court has ruled that such victims or their legal heirs do not require
permission from court to file an appeal in order to challenge a trial court
verdict. "The victim is not required to apply for or obtain leave of the
court to file any of the appeals under the proviso to section 372 (of the
Criminal Procedure Code),'' ruled Justice Roshan Dalvi on Friday.
Under the changes introduced in the law in 2009, a victim can file an appeal against a trial court verdict in three eventualities-to challenge acquittal of the accused or conviction for a lesser offence or inadequate compensation.
The matter was referred to Justice Dalvi following a split verdict by a division bench of the high court earlier this year. While Justice V M Kanade had held that no permission from the court to file an appeal was necessary, Justice A M Thispay said that leave was required. With Justice Dalvi agreeing with Justice Kanade, it now becomes the majority view.
"To grant the court the right to give leave would be to denude the only right of the victim granted to him or her in Indian criminal jurisprudence,'' said Justice Dalvi. The judge said that it was for the victim that the justice system was created in the first place. "Yet it is common knowledge requiring judicial notice, that the victims are a neglected lot. They are, at best, wholly ignored,'' said the judge. "Law, as an instrument of social welfare, came to the rescue of the victims who were then not only the victim of the particular crime but victims in the criminal justice system itself, then neglected and even violated and 'revictimised'.''
One of the first beneficiaries of the high court judgment would be in the Adnan Patrawala murder case. Adnan's father Aslam Patrawala, had filed an appeal before the high court on Thursday to challenge a sessions court order acquitting four accused in the case. The state is yet to file an appeal in the case.
Another beneficiary is Dindoshi resident Nilesh Harkulkar, whose brother Dattaram was allegedly bludgeoned to death by eight accused in 2001. "The judgment allows victims or their families an opportunity to place their say before a higher court and bring to light facets of the case which may have been ignored by the prosecution,'' said advocate Swapana Kode, counsel for Harkulkar who had challenged the trial court order to acquit his brother's alleged killers. According to Swapana Kode, with the HC order, a victim will have the same rights as an accused to challenge a trial court verdict without seeking permission from the court.
The special law to empower victims was enacted after a series of criminal cases like the Best Bakery case and Jessica Lal case, where witnesses turned hostile due to the influence of rich and powerful accused. The law also considered an eventuality where the state may not file an appeal.
The court said that the appeal by a victim was on a different footing. "It is of a person who knows the nuances of the case and who seeks to bring the hitherto unappreciated facts to light. In short it is he/she who would exhibit the truth of the case which another impersonal authority has been shown not to have known or cared for,'' said Justice Dalvi.
Under the changes introduced in the law in 2009, a victim can file an appeal against a trial court verdict in three eventualities-to challenge acquittal of the accused or conviction for a lesser offence or inadequate compensation.
The matter was referred to Justice Dalvi following a split verdict by a division bench of the high court earlier this year. While Justice V M Kanade had held that no permission from the court to file an appeal was necessary, Justice A M Thispay said that leave was required. With Justice Dalvi agreeing with Justice Kanade, it now becomes the majority view.
"To grant the court the right to give leave would be to denude the only right of the victim granted to him or her in Indian criminal jurisprudence,'' said Justice Dalvi. The judge said that it was for the victim that the justice system was created in the first place. "Yet it is common knowledge requiring judicial notice, that the victims are a neglected lot. They are, at best, wholly ignored,'' said the judge. "Law, as an instrument of social welfare, came to the rescue of the victims who were then not only the victim of the particular crime but victims in the criminal justice system itself, then neglected and even violated and 'revictimised'.''
One of the first beneficiaries of the high court judgment would be in the Adnan Patrawala murder case. Adnan's father Aslam Patrawala, had filed an appeal before the high court on Thursday to challenge a sessions court order acquitting four accused in the case. The state is yet to file an appeal in the case.
Another beneficiary is Dindoshi resident Nilesh Harkulkar, whose brother Dattaram was allegedly bludgeoned to death by eight accused in 2001. "The judgment allows victims or their families an opportunity to place their say before a higher court and bring to light facets of the case which may have been ignored by the prosecution,'' said advocate Swapana Kode, counsel for Harkulkar who had challenged the trial court order to acquit his brother's alleged killers. According to Swapana Kode, with the HC order, a victim will have the same rights as an accused to challenge a trial court verdict without seeking permission from the court.
The special law to empower victims was enacted after a series of criminal cases like the Best Bakery case and Jessica Lal case, where witnesses turned hostile due to the influence of rich and powerful accused. The law also considered an eventuality where the state may not file an appeal.
The court said that the appeal by a victim was on a different footing. "It is of a person who knows the nuances of the case and who seeks to bring the hitherto unappreciated facts to light. In short it is he/she who would exhibit the truth of the case which another impersonal authority has been shown not to have known or cared for,'' said Justice Dalvi.
Court acquits 109 persons in Umta village 2002 riots case
Published: Friday, Apr 27, 2012, 20:26
IST
Place: Gujarat | Agency: PTI
Place: Gujarat | Agency: PTI
A
local court on Friday acquitted 109 persons who were accused of killing two people
in Umta village of this taluka in Mahasana district during the post Godhra
riots of 2002.
Additional
Sessions Judge KB Meghanani released all the accused giving them benefit of
doubt in the case.
The
court said that the prosecution was not able to clearly establish the role of
the accused.
On
February 28, 2002, a violent mob of over 1,500 people had burnt down many homes
and business establishment of minority community members at Umta.
During
the rioting, one retired teacher Mohammad Sheikh and Abdul Mansuri were taken
away by the crowd, beaten up and killed. However, their mortal remains were not
recovered by the investigating agencies.
Chargesheet
in the case was filed against 120 persons, however, 11 people died during the
course of trial.
74
witnesses were examined, and except for the relatives of those killed and the
police, most of the other witnesses turned hostile, public prosecutor in the
case N J Barot said.
The case was investigated by local police and
relatives of the victims were not satisfied with the investigations.
Post-Godhra riots: Court acquits 109 people in lynching case
Visnagar(Guj) New Delhi, April 27, 2012A local court today
acquitted 109 persons, accused of killing two people in Gujarat's Mahasana
district, during the 2002 post-Godhra riots. Additional Sessions Judge K B
Meghanani acquitted all the accused on benefit of doubt. The court said the
prosecution was not able to clearly establish the role
of the accused.
On February 28, 2002, a violent mob of over 1,500
people had burnt down many homes and business establishment of minority
community members at Umta village.During the rioting, a retired teacher Mohammad Sheikh and another person Abdul Mansuri were lynched by the crowd. However, their mortal remains were not recovered by the investigating agencies.
Charge sheet in the case was filed against 120 people, of which 11 died during the course of trial.
74 witnesses were examined, and except for the relatives of those killed and the police, most of the other witnesses turned hostile.
The case was investigated by local police and relatives of the victims were not satisfied with the investigations.
Man awarded 5 year jail term for ‘killing’ heart patient
NAGPUR: Think twice before
picking up a fight with a heart patient, especially if the person has gone
under the scalpel. The sessions court recently awarded a prison term of five
years and fine of Rs 5,000 to a man held guilty of punching a heart patient
in his fifties in the chest leading to his death. The deceased, Bhawrauji Thote,
had undergone angioplasty
some time before the incident.
District and additional sessions judge GT Kadri held 50-year-old Maroti Sakharwade guilty while acquitting his wife Meerabai, elder brother Sevdas, nephew Tejram and another Suresh Kale. They had been accused of culpable homicide not amounting to murder in a case at Aaroli police station last year.
Thote's son Rameshwar and Sakharwade's daughter were married around three years ago. There had been regular domestic feuds between the couple, but the situation worsened after she was not allowed to go to a friend's marriage. The Sakharwades had come to the Thote residence at Ijani in Mouda tehsil to sort out the issue, but it snowballed into a quarrel.
Thote collapsed after being hit on the chest by Maroti and others from Sakharwade family. Thote's wife Rukmabai was also present during the quarrel. Police had initially charged Maroti and others with murder and rioting. The court framed charges under culpable homicide.
Additional public prosecutor Vijay Kolhe said the court observed that the Sakharwades knew of Thote's ailment but did not have any intention of killing him. "The medical practitioners played a crucial role in the case. The cardiac specialist who had conducted the angioplasty on the deceased deposed about the risk such patients always face. The forensic expert also said that the victim had suffered a vasovagal attack during the fight, which caused his death," said Kolhe.
He added that the court's verdict revolved around the fact that the death was more due to negligent behaviour out of a provocation, and not a planned one. The court examined 11 witnesses, said Kolhe.
District and additional sessions judge GT Kadri held 50-year-old Maroti Sakharwade guilty while acquitting his wife Meerabai, elder brother Sevdas, nephew Tejram and another Suresh Kale. They had been accused of culpable homicide not amounting to murder in a case at Aaroli police station last year.
Thote's son Rameshwar and Sakharwade's daughter were married around three years ago. There had been regular domestic feuds between the couple, but the situation worsened after she was not allowed to go to a friend's marriage. The Sakharwades had come to the Thote residence at Ijani in Mouda tehsil to sort out the issue, but it snowballed into a quarrel.
Thote collapsed after being hit on the chest by Maroti and others from Sakharwade family. Thote's wife Rukmabai was also present during the quarrel. Police had initially charged Maroti and others with murder and rioting. The court framed charges under culpable homicide.
Additional public prosecutor Vijay Kolhe said the court observed that the Sakharwades knew of Thote's ailment but did not have any intention of killing him. "The medical practitioners played a crucial role in the case. The cardiac specialist who had conducted the angioplasty on the deceased deposed about the risk such patients always face. The forensic expert also said that the victim had suffered a vasovagal attack during the fight, which caused his death," said Kolhe.
He added that the court's verdict revolved around the fact that the death was more due to negligent behaviour out of a provocation, and not a planned one. The court examined 11 witnesses, said Kolhe.
Sixteen years on Moga finally gets a session court
Amrita Chaudhry
: Ludhiana, Sat Apr 28 2012, 03:57 hrs
Some sixteen years after it officially became a district, Moga is set to
finally get a sessions court after the Punjab and Haryana High cleared a
proposal to set-up a sessions division here on Friday. Karamjit Singh Kang,
Additional Session’’ Judge, will assume charge as the first Moga district and
sessions judge at a function, which will be held here on Saturday. According to the president of the Moga District Bar Association, Sunil Garg, Justice Ranjit Singh Randhawa, chairman of the HC building committee, will preside over the formal function that will be attended by Justice K C Puri, Administrative Judge of the Faridkot and Moga districts and Justice AN Jindal of the Punjab and Haryana High Court. “”A district is only complete after its gets a session court. A district can be created and it may be politically or administratively announced but the setting up of sessions division completes the process. This success is the result of the struggle and perseverance of the Moga advocates that began the same year the district was made and finally it has borne fruit,” Garg said.
Moga is the 17th district of the state and was created on November 24, 1995. It along with Muktsar were carved out of Faridkot, which in turn had been carved out of Ferozepur. “Creation of a sessions court is a huge relief for the general public who now had to travel all the way to Faridkot for matters that can be addressed only in the principal court like transfer of cases or some administrative tasks. This is a huge moment for the district,” added Garg.
TDSAT reserves order in Rs 1,200-crore RInfra-Etisalat DB case
NEW DELHI: Telecom tribunal TDSAT today reserved
its order over the plea of Anil Ambani group company RInfra that is claiming Rs
1,200 crore dues from Etisalat DB
for using its telecom towers and other infrastructure.
A TDSAT bench headed by Justice S B Sinha reserved its order after hearing the arguments of RInfra and Etisalat DB, a JV between UAE-based telecom major Etisalat and DB group.
During the proceedings, Standard Chartered Bank which is a secured creditor of Etisalat DB also put its arguments and opposed the claims of RInfra.
The counsel appearing for Standard Chartered Bank contended that Etisalat's matter is already taken before the Debt Recovery Tribunal (DRT). He contended that RInfra can not ask the secured creditors of Etisalat DB to sit out.
Meanwhile, TDSAT passed orders in S-Tel matter, where RInfra has approached tribunal for the similar prayer.
"We are restraining (S-Tel) from transferring its property to a third party," the tribunal had said while passing interim order.
The TDSAT has made its 'interim' order restraining the Chennai-based operator 'absolute', till the Delhi High court passes an order. The matter is also pending before the Delhi High Court.
However, the tribunal said RInfra would not deny access to S-Tel to its tower, where its equipments are lying.
Etislat DB's counsel also supported Standard Chartered and said that a receiver has been appointed by the DRT and soon a liquidator may be appointed.
He further informed that there was a deadlock in the company. Its Indian directors have resigned, salaries are not being paid, statutory compliances are not done.
According to him, claims against Etisalat DB have been filed before Delhi and Bombay High Courts and DRT and it was not in a possession to create a third party interest by selling the assets.
Both Etisalat DB and S-Tel had entered into an agreement with the RInfra for sharing telecom infrastructure on a 10-year lease in 2009.
However, following the recent Supreme Court decision canceling the licences of S Tel and Etisalat along with other new entrants, RInfra moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for recovery of its alleged dues.
TDSAT's directions came over a batch of petitions filed by RInfra, against Etisalat DB and S Tel, claiming Rs 1,500 crore due over use of its telecom infrastructure.
A TDSAT bench headed by Justice S B Sinha reserved its order after hearing the arguments of RInfra and Etisalat DB, a JV between UAE-based telecom major Etisalat and DB group.
During the proceedings, Standard Chartered Bank which is a secured creditor of Etisalat DB also put its arguments and opposed the claims of RInfra.
The counsel appearing for Standard Chartered Bank contended that Etisalat's matter is already taken before the Debt Recovery Tribunal (DRT). He contended that RInfra can not ask the secured creditors of Etisalat DB to sit out.
Meanwhile, TDSAT passed orders in S-Tel matter, where RInfra has approached tribunal for the similar prayer.
"We are restraining (S-Tel) from transferring its property to a third party," the tribunal had said while passing interim order.
The TDSAT has made its 'interim' order restraining the Chennai-based operator 'absolute', till the Delhi High court passes an order. The matter is also pending before the Delhi High Court.
However, the tribunal said RInfra would not deny access to S-Tel to its tower, where its equipments are lying.
Etislat DB's counsel also supported Standard Chartered and said that a receiver has been appointed by the DRT and soon a liquidator may be appointed.
He further informed that there was a deadlock in the company. Its Indian directors have resigned, salaries are not being paid, statutory compliances are not done.
According to him, claims against Etisalat DB have been filed before Delhi and Bombay High Courts and DRT and it was not in a possession to create a third party interest by selling the assets.
Both Etisalat DB and S-Tel had entered into an agreement with the RInfra for sharing telecom infrastructure on a 10-year lease in 2009.
However, following the recent Supreme Court decision canceling the licences of S Tel and Etisalat along with other new entrants, RInfra moved the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for recovery of its alleged dues.
TDSAT's directions came over a batch of petitions filed by RInfra, against Etisalat DB and S Tel, claiming Rs 1,500 crore due over use of its telecom infrastructure.
Dalveer Bhandari elected as World Court judge
New York, April 27, 2012India's nominee, Justice Dalveer
Bhandari, a sitting judge of the Supreme Court, has been elected to the
International Court of Justice (ICJ), the first time an Indian has managed to
get this key international post in over two decades. Bhandari secured 122
votes in the United Nations General Assembly against 58
for his Filipino rival, Syed Akbaruddin, the spokesperson of the external
affairs, said.
In simultaneous elections Friday at the UN
headquarters in New York, Bhandari also secured an absolute majority in the
Security Council. In the election to the ICJ, a primary judicial organ of the United Nations, commonly referred to as the World Court, Bhandari was locked in a fierce contest with Justice Florentino P Feliciano of the Philippines.
Bhadari takes the place of Awn Shawkat Al-Khasawneh of Jordan who resigned from the Asia-Pacific region seat at the end of 2011.
An eminent legal luminary, Bhandari will serve the remainder of the term 2012-18. India was last represented at the ICJ more than two decades ago.
The 64-year-old Justice Bhandari has variegated experience in international law and is well-versed with the working of the UN. Bhandari has been on India's apex court since 2005 and has served in the higher Indian judiciary for over two decades. He will retire in September this year. He served as the chairperson of the Delhi Centre of the International Law Association for several years.
Bhandari is also a member of leading international academic and legal bodies and is closely associated with a large number of committees dealing with various aspects of international law such as: human rights, biotechnology, sustainable development, securities regulation, trade, nuclear weapons, non-proliferation and contemporary international law and space.
Acknowledging his outstanding contribution, the Northwestern University School of Law, Chicago, US while celebrating its 150 Years (1859-2009) selected Bhandari as one of its 16 most illustrious and distinguished alumni.
In New Delhi, the Supreme Court on Thursday had refused to quash Bhandari's nomination as a judge for the ICJ.
A bench of justices Altamas Kabir, J Chelameswar and Ranjan Gogoi initially wanted to outrightly dismiss the plea for quashing Justice Bhandari's nomination for the ICJ, but later allowed counsel Prashant Bhushan to withdraw it, treating it as "dismissed as withdrawn."
Established in June 1945 by the charter of the United Nations, in The Hague, Netherlands, ICJ's role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.
CIC takes the lead on transparency
http://timesofindia.indiatimes.com/india/CIC-takes-the-lead-on-transparency/articleshow/12904000.cms
NEW DELHI: Commissioners with
the Central
Information Commission (CIC), which presides over the country's Right
To Information Act, have been voluntarily declaring their assets on the CIC website over the
last one year to promote transparency.
"The general public is curious to know of the financial assets and liabilities of those in public positions. We see no reason not to fulfill this curiosity. I feel that, sooner or later, all public servants must declare their assets," Chief Information Commissioner Satyananad Mishra said. Mishra made it compulsory for all information commissioners to disclose their assets a year ago.
Earlier, Shailesh Gandhi disclosed his assets on the CIC website when he was made a central information commissioner in 2008.
"While citizens want public servants to disclose their assets, little is done to check whether the assets are commensurate with the person's income. While it's important for public servants to declare their assets, it's equally important for enlightened citizens to go a step further and investigate the link between income and assets," said Mishra.
In addition to declaring their assets, three central information commissioners, including Mishra, have put out details on the list of cases pending before them on the CIC website. Mishra said the remaining commissioners would follow suit.
"With the list of pending cases displayed on the CIC website, people will know if the commission is taking up their case in a fair manner. If someone's case has not been registered, the person will immediately come to know of it. This practice should be followed by all quasi-judicial bodies and the judiciary itself. If this happens, people will know where their cases stand and whether cases are taken up in a fair manner," said Gandhi.
RTI activists believe that the move to disclose assets and the list of pending cases will set a great precedence. "I feel that this will inspire all public servants to disclose their assets and will increase transparency. The public will greatly appreciate the move and will begin to trust the authorities. For if someone freely declares his assets, it means he has nothing to hide," said Mumbai-based RTI activist Milind Mulay.
"The general public is curious to know of the financial assets and liabilities of those in public positions. We see no reason not to fulfill this curiosity. I feel that, sooner or later, all public servants must declare their assets," Chief Information Commissioner Satyananad Mishra said. Mishra made it compulsory for all information commissioners to disclose their assets a year ago.
Earlier, Shailesh Gandhi disclosed his assets on the CIC website when he was made a central information commissioner in 2008.
"While citizens want public servants to disclose their assets, little is done to check whether the assets are commensurate with the person's income. While it's important for public servants to declare their assets, it's equally important for enlightened citizens to go a step further and investigate the link between income and assets," said Mishra.
In addition to declaring their assets, three central information commissioners, including Mishra, have put out details on the list of cases pending before them on the CIC website. Mishra said the remaining commissioners would follow suit.
"With the list of pending cases displayed on the CIC website, people will know if the commission is taking up their case in a fair manner. If someone's case has not been registered, the person will immediately come to know of it. This practice should be followed by all quasi-judicial bodies and the judiciary itself. If this happens, people will know where their cases stand and whether cases are taken up in a fair manner," said Gandhi.
RTI activists believe that the move to disclose assets and the list of pending cases will set a great precedence. "I feel that this will inspire all public servants to disclose their assets and will increase transparency. The public will greatly appreciate the move and will begin to trust the authorities. For if someone freely declares his assets, it means he has nothing to hide," said Mumbai-based RTI activist Milind Mulay.
Pump out sewage, drain water fromvillage, says HC
PATNA: The Patna high court on Wednesday took a
serious view of different state government departments' failure to address the
issue of sewage and drain water spilling from Biharsharif town to the adjacent
Basawatbigha village in Nalanda district. The court directed the government to
take measures to pump out the sewage water from the village by May 9.
The matter related to siltation of a canal
carrying sewage and drain water from Biharsharif town to a rivulet which caused
spillover of sewage and drain water to Basawatbigha village causing
waterlogging and sanitation problem.
The PIL filed by an NGO alleged that the work to
remove silt from the canal was not done due to shifting of responsibility among
Nalanda DM and departments of water resources and minor irrigation. A division
bench of Justice P C Verma and Justice A K Trivedi said if drain water was not
pumped out from the village by May 9, the chief secretary must appear before
the court and explain.
No illegal tinted glass in cars from May 4: Supreme Court
NEW DELHI: From May 4, if your car has black
film on the front and rear windscreens that blocks light by more than 30% and
the tint on the side window panes is more than 50%, then you could be in
contempt of court in addition to being prosecuted as per the rules provided
under the Motor Vehicles Act.
A bench of Chief Justice S H Kapadia and Justices A K Patnaik and Swatanter Kumar went by the limits prescribed in the MV Act and said anything beyond the visual light transmission (VLT) limit of 70% for the front and rear windshields and 50% for the side windows would be punishable.
The decision came on a PIL filed by Avishek Goenka, who had complained that cars with black film on window panes were being increasingly used for crimes, including sexual assault of women. He said though there was no express restraint on use of black film under the MV Act, it prescribed VLT limits.
Writing the judgment for the bench, Justice Kumar said, "On the plain reading of the rule, it is clear that cars must have safety glass having VLT at the time of manufacturing... In other words, the rule not impliedly but specifically prohibits alteration of such VLT by any means."
A bench of Chief Justice S H Kapadia and Justices A K Patnaik and Swatanter Kumar went by the limits prescribed in the MV Act and said anything beyond the visual light transmission (VLT) limit of 70% for the front and rear windshields and 50% for the side windows would be punishable.
The decision came on a PIL filed by Avishek Goenka, who had complained that cars with black film on window panes were being increasingly used for crimes, including sexual assault of women. He said though there was no express restraint on use of black film under the MV Act, it prescribed VLT limits.
Writing the judgment for the bench, Justice Kumar said, "On the plain reading of the rule, it is clear that cars must have safety glass having VLT at the time of manufacturing... In other words, the rule not impliedly but specifically prohibits alteration of such VLT by any means."
It's illegal, but tinted glass windows in cars
in the city are a common sight. However, after the Supreme Court
banned use of tinted glass beyond the permissible limit, such defaulters are
going to have a tough time. Traffic police now intends to intensify the drive
against use of tinted glass in vehicles.
There has been a traffic police drive against
tinted car windows since last year. However, there has been a lull in the prosecutions
this year, with only 9,279 such prosecutions till April 15 this year. Last
year, for the same period, there had been as many as 30,582 prosecutions. Cops
claim that better compliance has resulted in lower prosecutions.At present, car
owners who are found not following the permitted percentage set for tinted
glass have to either hand in their registration certificate or their driving
licence along with the usual Rs 100 challan slapped on defaulters. "A
notice is also issued to them by traffic police and the defaulter has to report
to the area traffic inspector where the violation was recorded within 72 hours
for inspection of the vehicle.
If the directions are not followed, the matter will be forwarded to the court," said joint commissioner of police (traffic) Satyendra Garg. As per the permissible limit there should be at least 70% transparency in the film on the front and rear windows while 50% transparency is required on the side windows."Usually, since the fine is just a meagre Rs 100, which is nothing compared to the money spent on films (ranging from Rs 700 to Rs 14,000 for the more fancy ones that protect from UV rays), it is not much of a deterrent to defaulters who continue to travel in the tinted vehicles. We hope that the stricter action will make the defaulters mindful of the rules," said a senior traffic police officer.Last year, as many as 45,649 vehicles with tinted glass were booked. "Significantly, a majority of these were repeat offenders, showing that despite being caught, Delhiites are mostly unmindful of the rules," said a senior traffic officer. This year, in a drive started on March 27, about 2,064 offenders have been booked till April 26.
Of them, 999 vehicle owners were made to remove the tinted film on the spot.The "Rules of Road Regulations, 1989" framed by the central government under Section 118 of the Motor Vehicles Act state that, "A driver of a motor vehicle and every other person using the road shall obey every direction given, whether by signal or otherwise, by a police officer or any authorized person for the time being in charge of the regulation of traffic." Under the rule, even a traffic constable has the power to issue notice to the defaulter, said traffic police. Tinted glass in vehicles has been a major source of concern for women's security as well as criminal activities. Delhi Police had earlier sent a proposal to the Union home ministry to amend the Motor Vehicles Act to enhance fines on use of tinted glass. The amendment is expected to increase the fine to a minimum of Rs 500. Tinted car windows have helped criminals especially in cases of rape and murder.
If the directions are not followed, the matter will be forwarded to the court," said joint commissioner of police (traffic) Satyendra Garg. As per the permissible limit there should be at least 70% transparency in the film on the front and rear windows while 50% transparency is required on the side windows."Usually, since the fine is just a meagre Rs 100, which is nothing compared to the money spent on films (ranging from Rs 700 to Rs 14,000 for the more fancy ones that protect from UV rays), it is not much of a deterrent to defaulters who continue to travel in the tinted vehicles. We hope that the stricter action will make the defaulters mindful of the rules," said a senior traffic police officer.Last year, as many as 45,649 vehicles with tinted glass were booked. "Significantly, a majority of these were repeat offenders, showing that despite being caught, Delhiites are mostly unmindful of the rules," said a senior traffic officer. This year, in a drive started on March 27, about 2,064 offenders have been booked till April 26.
Of them, 999 vehicle owners were made to remove the tinted film on the spot.The "Rules of Road Regulations, 1989" framed by the central government under Section 118 of the Motor Vehicles Act state that, "A driver of a motor vehicle and every other person using the road shall obey every direction given, whether by signal or otherwise, by a police officer or any authorized person for the time being in charge of the regulation of traffic." Under the rule, even a traffic constable has the power to issue notice to the defaulter, said traffic police. Tinted glass in vehicles has been a major source of concern for women's security as well as criminal activities. Delhi Police had earlier sent a proposal to the Union home ministry to amend the Motor Vehicles Act to enhance fines on use of tinted glass. The amendment is expected to increase the fine to a minimum of Rs 500. Tinted car windows have helped criminals especially in cases of rape and murder.
High court ultimatum to Haldiram’s in illegal use of amusement park case
NAGPUR: The Nagpur bench of Bombay high
court on Friday gave a last chance to Haldiram's International to file a
reply in a PIL
alleging illegal use of its amusement
park Krazy Castle near Ambazari lake
for marriages and private functions. The case was listed before a division
bench comprising justices Bhushan Dharmadhikari and Ashok Bhangale.
According to petitioner Sandip Agrawal, NIT had given its 6.4 acres land to Haldiram's on Built Operate and Transfer (BoT) basis for running an amusement and water park at rate of 12 lakh per year. He contends the purpose seems to have been defeated since the company is misusing this prime area by providing the park for private functions/weddings.
The petitioner, citing a circular released NIT under Right to Information (RTI) Act, contended that this is resulting in loss of revenue to the trust. The NIT clarified in the RTI query that Haldiram's wasn't granted permission to provide the area for private parties/weddings.
Agrawal added that neither the tender nor the agreement contains any clause mentioning use of this land for private functions/marriages. In fact, the use should be strictly confined to an amusement or water park, he argued.
According to petitioner Sandip Agrawal, NIT had given its 6.4 acres land to Haldiram's on Built Operate and Transfer (BoT) basis for running an amusement and water park at rate of 12 lakh per year. He contends the purpose seems to have been defeated since the company is misusing this prime area by providing the park for private functions/weddings.
The petitioner, citing a circular released NIT under Right to Information (RTI) Act, contended that this is resulting in loss of revenue to the trust. The NIT clarified in the RTI query that Haldiram's wasn't granted permission to provide the area for private parties/weddings.
Agrawal added that neither the tender nor the agreement contains any clause mentioning use of this land for private functions/marriages. In fact, the use should be strictly confined to an amusement or water park, he argued.
Supreme Court grants 3-month relief to scrap dealers
NASHIK: The Supreme Court
has given three months time to scrap market dealers at Satpur-Ambad Link Road
to clear the location off their encroachments.
The controversial scrap market at Satpur-Ambad Link Road had to be cleared by March 31 as per the order of the Bombay High Court, but the government had sent a letter to the civic administration during the last week of March extending the deadline for the dealers to clear out their shops by two months.
Meanwhile, the dealers had appealed in the Supreme Court through a writ petition. Last week, the Supreme Court ordered that the scrap dealers remove their shops within three months.
Local citizens have been demanding for a long time that the scrap market at the Satpur-Ambad Link Road be removed but the Nashik municipal corporation had been unsuccessful in doing so. An official said that political pressure and minority issues had prevented them from taking any concrete action over the issue.
It took a public interest litigation by Shiv Sena's former leader of the house, Dilip Datir, five years back, to initiate action against the encroachers. In July 2011 the Bombay high court pased an order demanding to move the scrap traders within a span of three months, in response to Datir's PIL in light of rising law and order problem in the Chunchale Shivar of the Ambad-Satpur link road.
The deadline for doing away with the encroachments was March 31, 2012. Despite this the encroachments were not removed. An official on condition of anonymity said that the government had sent them a letter in the last week of March asking the NMC to extend the period of removing encroachments by two months.
Now, after the scrap dealers approached the Supreme Court with their grievance, they have been granted another three months to remove their encroachments.
The controversial scrap market at Satpur-Ambad Link Road had to be cleared by March 31 as per the order of the Bombay High Court, but the government had sent a letter to the civic administration during the last week of March extending the deadline for the dealers to clear out their shops by two months.
Meanwhile, the dealers had appealed in the Supreme Court through a writ petition. Last week, the Supreme Court ordered that the scrap dealers remove their shops within three months.
Local citizens have been demanding for a long time that the scrap market at the Satpur-Ambad Link Road be removed but the Nashik municipal corporation had been unsuccessful in doing so. An official said that political pressure and minority issues had prevented them from taking any concrete action over the issue.
It took a public interest litigation by Shiv Sena's former leader of the house, Dilip Datir, five years back, to initiate action against the encroachers. In July 2011 the Bombay high court pased an order demanding to move the scrap traders within a span of three months, in response to Datir's PIL in light of rising law and order problem in the Chunchale Shivar of the Ambad-Satpur link road.
The deadline for doing away with the encroachments was March 31, 2012. Despite this the encroachments were not removed. An official on condition of anonymity said that the government had sent them a letter in the last week of March asking the NMC to extend the period of removing encroachments by two months.
Now, after the scrap dealers approached the Supreme Court with their grievance, they have been granted another three months to remove their encroachments.
PIL against land allotment to Deshmukh transferred
Last Updated: Friday, April 27, 2012, 20:39
Mumbai: The
Bombay High Court Friday transferred a PIL seeking a CBI probe into the
allotment of land to the Latur-based trust run by Union minister Vilasrao
Deshmukh to the Aurangabad bench.
"Since the land is based in Latur, and since all the transfer deeds were executed by the Maharashtra Industrial Development Corporation (MIDC) to the Vilasrao Deshmukh Foundation (VDF) in Latur, this bench of the high court does not have the jurisdiction," said the bench of Chief Justice Mohit Shah and Justice N M Jamdar.
The Latur land allotment issue has been raised by the same five agriculturists, who had challenged the allotment of land in suburban Mumbai to filmmaker Subhash Ghai's Whistling Woods film institute. The court recently struck down that allotment.
In the present PIL (which was separated by the court from Whistling Woods issue), Rajendra Sontakke and four others have taken exception to the allotment of 2 lakh sq m of land by MIDC to the VDF for setting up educational institution.
"Since the land is based in Latur, and since all the transfer deeds were executed by the Maharashtra Industrial Development Corporation (MIDC) to the Vilasrao Deshmukh Foundation (VDF) in Latur, this bench of the high court does not have the jurisdiction," said the bench of Chief Justice Mohit Shah and Justice N M Jamdar.
The Latur land allotment issue has been raised by the same five agriculturists, who had challenged the allotment of land in suburban Mumbai to filmmaker Subhash Ghai's Whistling Woods film institute. The court recently struck down that allotment.
In the present PIL (which was separated by the court from Whistling Woods issue), Rajendra Sontakke and four others have taken exception to the allotment of 2 lakh sq m of land by MIDC to the VDF for setting up educational institution.
The land was
allotted when Deshmukh was the chief minister of Maharashtra. The PIL alleges
that land was allotted at Deshmukh's behest, for "illegal, mala fide and
corrupt considerations".
At the last hearing, senior advocate Mahesh Jethmalani, representing the petitioners, had said that Bombay bench of the high court should hear the case, because both MIDC and CBI have offices in Mumbai.
At the last hearing, senior advocate Mahesh Jethmalani, representing the petitioners, had said that Bombay bench of the high court should hear the case, because both MIDC and CBI have offices in Mumbai.
But the court rejected this argument, saying that by this logic, every
PIL against government decision would have to be heard in Mumbai, because it
was where the the secretariat is.
However, the high court has stayed its order of transfer for 12 weeks, to enable the petitioners to challenge it before the Supreme Court.
However, the high court has stayed its order of transfer for 12 weeks, to enable the petitioners to challenge it before the Supreme Court.
HC denies man custody of minor kids due to past misbehavior
PTI | 09:04 PM,Apr 27,2012
New
Delhi, Apr 27 (PTI) An NRI man living in New Zealand was today refused the
custody of his two minor daughters by the Delhi High Court which held that
considering his past misbehaviour, it would not be safe for the children to
live with him in a foreign land. A bench of Justices V K Jain and B D Ahmed
refused the man the custody of his minor daughters living in India with their
mother who alleged having been harassed by him on various ocassions. The bench
also noted that during its interaction with the children, they expressed their
wish to live with their mother "even if it is at the cost of being
deprived of the company of their father." The court also considered an
order passed by the New Zealand court directing the mother of the kids to place
them in its custody and said "the welfare of the minor is the paramount
consideration, even in a case involving principle of comity of courts." It
also held if the woman is directed to go back to New Zealand with the children
to live with her husband, she is likely to be harassed. The bench also noted if
the woman is subjected to cruelty in front of the kids, they would be
traumatised and stressed, which would amount to "psychologically abusing
the children under the laws of New Zealand." While making the observation,
the court considered some tape-recorded conversations and SMSes between the man
and his estranged wife and found him have used filthy language. PTI AKI
Forcing Tiwari to face blood test no rights violation: HC
NEW DELHI: While making it
mandatory for N D
Tiwari to undergo DNA test in a paternity suit,
the Delhi high court said, "The perception that the law, as Mr Bumble (in Oliver Twist)
said, is 'an ass, an idiot' will be cemented, if the courts themselves hold
their own orders to be unimplementable and unenforceable." The single
judge, whose order was set aside by the HC, had said the order asking Tiwari to
undergo the DNA test for ascertaining the paternity of Rohit Shekhar, who had
filed a suit against the Congress leader, was "unimplementable and
unenforceable".
"Upon Tiwari continuing to defy the order, the single judge shall be entitled to take police assistance and use of reasonable force for compliance thereof," the bench said. The court rejected Tiwari's argument that forcing him to give blood sample is in violation of his rights under Article 21 (right to life) of the Constitution. "It is the duty of every court to prevent its machinery from being made a sham, thereby running down the rule of law and rendering itself an object of public ridicule...," the judges said.
"Upon Tiwari continuing to defy the order, the single judge shall be entitled to take police assistance and use of reasonable force for compliance thereof," the bench said. The court rejected Tiwari's argument that forcing him to give blood sample is in violation of his rights under Article 21 (right to life) of the Constitution. "It is the duty of every court to prevent its machinery from being made a sham, thereby running down the rule of law and rendering itself an object of public ridicule...," the judges said.
HC denies NRI kids' custody, ignores New Zeland court's order
Last Updated: Friday, April 27, 2012, 21:30
New Delhi:
The Delhi High Court on Friday refused to grant a non-resident Indian the
custody of his two minor children, ignoring a New Zealand's court's order to
their mother living here to hand them over to the man.
A bench of Justices VK Jain and BD Ahmed denied the New Zealand-based man the custody of his children, holding their welfare "paramount" and more important than the "principle of comity of courts", requiring courts of one country to show respect and courtesy to courts of another country.
A bench of Justices VK Jain and BD Ahmed denied the New Zealand-based man the custody of his children, holding their welfare "paramount" and more important than the "principle of comity of courts", requiring courts of one country to show respect and courtesy to courts of another country.
"The
welfare of the minor is the paramount consideration, even in a case involving
principle of comity of courts," said the bench.
"Having given due regard to the order passed by the New Zealand Court asking the children's mothers to place both children in its custody, we are of the view that the relief sought in this petition should not be granted since it will not be in the interest of the children to send them back to New Zealand," it added.
It also a cited an apex court ruling which said "comity of courts simply demands consideration of any such order issued by the foreign courts and not necessarily their enforcement."
The court's order came on a New Zealand-based man, seeking custody of his two minor children living here with his estranged wife, ion the basis of the foreign court's order.
"Having given due regard to the order passed by the New Zealand Court asking the children's mothers to place both children in its custody, we are of the view that the relief sought in this petition should not be granted since it will not be in the interest of the children to send them back to New Zealand," it added.
It also a cited an apex court ruling which said "comity of courts simply demands consideration of any such order issued by the foreign courts and not necessarily their enforcement."
The court's order came on a New Zealand-based man, seeking custody of his two minor children living here with his estranged wife, ion the basis of the foreign court's order.
The high court denied him the children's custody, also taking into the
account the past records of his misbehaviour with them and their mother and
said it would not be safe for the children to live with him in a foreign land.
Bombay HC upholds edu criteria for seeking auto permits
Autorickshaw drivers seeking new permits will need to have a minimum educational qualification of Class 10 if they wish to be given the first preference in allotment of permits.The Bombay high court, while dismissing a plea filed by a 60-year-old, uneducated rickshaw driver, upheld the state government’s decision.
A division bench of justice AM Khanwilkar and justice SS Shinde said, “The instructions issued favour an elimination process apart from giving preference to better educated persons in allotting permits. How can such process be termed unreasonable?”
The bench made this observation while hearing the plea of Kolhapur resident Chandrakant Otari, who challenged the decisions taken in the joint meeting between the chief minister and the office-bearers of rickshaw unions from Thane and Mumbai.
At the meeting held on October 9, 2011, it was decided that the new permits will be allocated in three stages, in the first of which priority will be given to licence-holders who have passed Class 10. In the second stage, preference will be given to licence holders who have cleared Class 8, while the remaining permits will be allocated to other eligible candidates.
While asserting that the resolution of the joint meeting could apply only to members of rickshaw unions from Thane and Mumbai, and not to Kolhapur, the petitioner said the decision is an unreasonable restriction. Moreover, the restriction itself is not backed by any provisions of the Act or rule.
But the
bench noted, “Even if we accede to the argument that the resolution is not
binding on the rickshaw operators in Kolhapur, we fail to understand as to how
the criteria evolved in the said meeting can be said to be unreasonable.”
’84 riots: HC expands probe ambit
Express
news service : Chandigarh, Sat Apr 28 2012, 03:38 hrs
To ensure that members of the Sikh community who were brutally killed in
communal violence in Haryana are adequately compensated, the Punjab and Haryana
High Court on Friday expanded the ambit of Justice T P Garg Commission. The
commission was probing incidents of killings in Hond Chillar and Rewari which
took place in the 1984 riots. A division bench comprising acting Chief Justice M M Kumar and Justice Alok Singh ruled that the commission will also probe similar incidents of communal violence which took place in Gurgaon and Pataudi.
The Bench held that the ends of justice will meet if the area of reference is expanded and considered by the commission. The court had dismissed petitions seeking probe by a retired high court judge with the assistance of the CBI. The dismissal order was passed after Haryana told the court that a one-man commission would submit a report within six months.
The petitions had been filed by New York registered ‘Sikhs for Justice’ and ‘All India Sikh Students Federation’. Advocate Navkiran Singh, counsel for the petitioners, said the victims’ belongings were burnt and even a Gurudwara was reduced to ashes. On January 16, 2006, Haryana announced compensation for the deceased, but no compensation was provided for other losses. Navkiran also had added that the FIR dated November 3, 1984 registered at Jatusana police station, was not investigated properly. “None of the eyewitnesses were contacted and the crime has gone undetected”, reads the petition.
6 months after HC order, still waiting for plots
Dipankar Ghose
: Noida, Sat Apr 28 2012, 01:35 hrs
Six months after the Allahabad High Court directed the Noida and Greater
Noida Authorities to give villagers developed plots on 10 per cent of their
land that was acquired, no developed plots have been received by farmers so
far. Villagers in the area said that while they have received the added
compensation that the Allahabad High Court also ordered on October 21, the
Authority’s failure to make good on the courts’ direction so far has resulted
in them having no means of a stable income. Manoj Yadav of Itehda village said, “First, our land was taken away because of the urgency clause, and we were told that roads and industrial projects would come up and give us employment and enable development in the area. Then we learned that the land had been given to builders. The lump sum that we got as added compensation will not last forever.”
The Noida Authority and the Greater Noida Authority both have different versions of why the process hasn’t gone forward. Officials at the Noida Authority said, “After the judgment, work was stalled as the model code of conduct came into force. After governments changed, a CEO has yet to be appointed, which is why big decisions like these are being delayed.”
While the Greater Noida Authority CEO has remained unchanged, officials of that authority point to a more generic problem. “The court allowed construction in all but three of the villages. Villagers want their developed plots right next to their residential land. If the land has already been notified for other projects, how can we give it to them? The builders will then take us to court.”
HC allows Shashank to stay in govt bungalow till May 31
Express
news service : Lucknow, Sun Apr 29 2012, 03:39 hrs
The Allahabad High Court on Friday allowed former cabinet secretary Shashank
Shekhar Singh to stay in the government bungalow allotted to him by the
previous Mayawati government after he gave an undertaking that he would vacate
it by May 31. Singh, who is no longer in government service, was allotted the bungalow in Raj Bhavan colony until May 2013. However, the Samajwadi Party government cancelled the previous government’s order on April 22 and served Singh a notice to vacate the house on April 25. Singh challenged the government order.
During the hearing, Justice S N Shukla observed that Singh, who had retired on March 9, could retain the house until April 9 under the rules.
Singh’s advocate J N Mathur submitted that Singh’s private house was under repair and may take another month for completion.
Singh then submitted an affidavit stating that he would vacate the house by May 31, 2012.
Accepting his undertaking, Justice Shukla said that after this date, the state government could get the house vacated with the aid of police. The judge observed that till midnight of May 31, Singh’s possession should not be disturbed.
HC quashes petition, Gaur set to return as FSL head
Express
news service : Shimla, Sat Apr 28 2012, 03:40 hrs
The Himachal Pradesh High Court on Friday set aside the order of a single
bench quashing the appointment of Director State Forensic Sciences Laboratory J
R Gaur, paving way for his reappointment to the post. The court also dismissed
the original petition, challenging his appointment. The division bench of the High Court comprising Justice Deepak Gupta and Justice V K Ahuja in its order said that, “We are not at all in agreement with the judgement delivered by the learned single judge and accordingly set aside the judgement of December 23, 2012 and dismiss the writ petition with costs assessed at Rs 30,000 to be paid in equal shares by the three private respondents.
As a result, the appellant shall continue to serve as Director, state FSL, till his attaining the age of superannuation.”
Observing that there was no merit in the petition, the bench observed that Gaur had rendered more than two decades of service in Himachal Pradesh and had places on record material to show that persons who were junior to him had been promoted to the posts of Director in FSL Haryana long time back.
HC criticises single judge order in paternity row case
PTI | 09:04 PM,Apr 27,2012
New
Delhi, Apr 27 (PTI) The Delhi High Court, which asked veteran Congress leader N
D Tiwari today to undergo DNA test to help it decide a paternity suit, also
criticised the ruling of its single-judge bench that he cannot be physically
forced to give blood sample for the test. "The court cannot take a role of
a silent spectator and see its order being frustrated by a party. The power of
enforcement of orders cannot be reduced into an empty one," a bench of
Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said. The court,
in its 31-page order, allowed the appeal of 32-year-old Rohit Shekhar, who
claims to be the biological son of Tiwari, against the single-judge bench's
order which had said that the leader cannot be forced to give evidence in the
civil suit. The single judge had said "mandatory testing upon an unwilling
person would entail an element of violence and intrusion of a person's physical
person and may leave irreparable scars and is unwarranted and impermissible
under Article 21 (right to life) of the Constitution." "In our view,
to say, that the exercise earlier undertaken by the court, was an empty one and
in futility - that though the court could issue a direction for DNA testing but
not implement or enforce the same, has the tendency of making the law and the
court, a laughing stock," the court said while setting aside the September
23, 2011 order of the single judge in the case. "The perception that the
law 'is an ass - an idiot' (as said by Mr Bumble in Oliver Twist) will be
cemented, if courts themselves hold their orders to be un-implementable and
un-enforceable, it said. (More)
HC raps families of Enrica victims
http://timesofindia.indiatimes.com/india/HC-raps-families-of-Enrica-victims/articleshow/12904364.cms
KOCHI: Dependents of the victims
of Enrica Lexie
shooting incident were criticized by the Kerala HC on Friday when they tried to
withdraw their petitions against the Italian marines following settlement of
compensation claims with the Italian
government.
Fishermen Valentine Jelestine and Ajeesh Pink had died when the fishing boat they were in was allegedly shot at by Italian marines onboard Enrica Lexie on February 15. Earlier this week, Italy had come forward to settle the compensation claims by the dependents of the fishermen and had paid Rs 1 crore to the families of each victim.
One of the conditions of the agreements signed by the victims with Italy for settling the suits was that all cases and allegations raised by the dependents against Italy and its marines be withdrawn.
Fishermen Valentine Jelestine and Ajeesh Pink had died when the fishing boat they were in was allegedly shot at by Italian marines onboard Enrica Lexie on February 15. Earlier this week, Italy had come forward to settle the compensation claims by the dependents of the fishermen and had paid Rs 1 crore to the families of each victim.
One of the conditions of the agreements signed by the victims with Italy for settling the suits was that all cases and allegations raised by the dependents against Italy and its marines be withdrawn.
Delhi HC orders ND Tiwari to provide blood sample
NEW DELHI: In a setback for veteran Congress leader ND Tiwari's efforts to quash a paternity suit, the Delhi High Court on Friday ordered him to provide a DNA sample, which could be procured if necessary with police intervention. Tiwari has decided to move the Supreme Court against the order.With "the respondent one (Tiwari) continuing to defy the order, the single judge shall be entitled to take police assistance and use of reasonable force for compliance thereof," the court order said. The order comes in response to 32-year-old Rohit Shekhar, who had filed a paternity suit claiming to be his biological son. Tiwari had refused to give a DNA sample. The high court had on February 28 reserved its order on Shekhar's plea that Tiwari's had shown "dismissive conduct" against its previous order to give his blood sample to decide his paternity suit.
"Tiwari has decided to appeal against the high court order in the apex court... This is a judicial process and we respect the court's order... after reading the copy of the order and a through discussion with lawyers, we will fix a date for appeal," Tiwari's officer on special duty, Sanjay Joshi, said. "We have not got the copy of today's order. What we know is only media's version. However, the leader has left for Delhi to take further action," he said.
Friday's order by a bench of acting chief justice AK Sikri and Justice Rajiv Sahai Endlaw overturned last September's order by a single bench which said that Tiwari could not be compelled to provide a DNA sample. The court turned down Tiwari's plea that he couldn't be forced to undergo a DNA test, saying it is the right of a child to know his or her biological father.
Allowing the plea by Rohit Shekhar, the bench disagreed with the single judge that the court can draw adverse inference if Tiwari refused to give his blood sample, saying, "adverse inference cannot be a substitute to the enforceability of a court direction for DNA test. The valuable right of the appellant (Shekhar) under the said direction to prove his paternity through DNA testing cannot be taken away by asking the appellant to be satisfied with the comparatively weak adverse inference," the bench said.
The Delhi high court had also dismissed Tiwari's plea challenging imposition of Rs 75,000 as cost on him for seeking deletion of certain paragraphs in the paternity suit.
HC pats Asra Garg for uniting dalits and caste Hindus
MADURAI: Madurai rural SP, Asra Garg came in for
praise from the Madurai bench of the Madras high court for creating unity among
caste Hindus and dalits of nearby Villoor village, who were at loggerheads for
a long time, through negotiations.
Justice D Hariparanthaman recorded his
appreciation for the police team led by the SP, closing a petition filed by
Villoor panchayat president S Subbulakshmi, who sought a judicial inquiry into
the incidents that led to police firing in the village on May 1, 2011.
The case was closed after Garg filed a status
report, stating agamudaiyars and dalits had agreed to live in peace. The SP
said some forms of untouchability did exist in the village from time immemorial.
Dalits were not allowed to ride vehicles through streets occupied by caste
Hindus and 'double tumbler' system was in vogue in tea shops.
On April 30, 2011, a 22-year-old dalit youth was
assaulted by caste Hindus when he tried to ride a two-wheeler through their
street, in connection with which five persons were arrested on May 1. Garg said
he had visited the village that day to assess the actual situation and that
after he left, some dalit houses were torched by a crowd. He again returned to
the village and as he was approaching the area, another armed crowd attacked
them, forcing them to retreat as they were outnumbered.
The crowd surrounded the police station and
attacked it. As all lawful steps did not yield any result, Garg said he and his
personal security officer fired a few rounds in the air to protect themselves
and the police station, after which the crowd dispersed.
Seven criminal cases were later registered in
connection with the incident. Meanwhile, a police team tried to bring about
peace by holding a series of peace committee meetings.
The efforts bore fruit as leaders of both
communities signed an agreement on April 24 to iron out differences and live
peacefully and to ensure untouchability is not practiced. agencies
HC expands Garg commission scope
CHANDIGARH: Extending the scope of Justice
(retd) T P Garg
Commission, which is probing communal violence in Hondh Chillar village in
Rewari district of Haryana, the Punjab
and Haryana high court on Friday asked the panel to probe similar incidents
that had taken place in Gurgaon district.
A division bench comprising acting Chief
Justice M M Kumar and Justice Alok Singh issued these directions while
hearing a public interest litigation (PIL) seeking extension of the scope of
Garg Commission.
While pronouncing the orders, the bench held,
"The ends of justice would meet if the area of reference made to Justice T
P Garg is expanded from the area of Hondh Chillar, to the claim in respect of
Gurgaon district, including Pataudi, is also considered by the
commission".
However, the bench made it clear that all those
cases of Gurgaon, which had already been heard by the GT Nanavati Commission,
would not be heard by the Garg panel.
The petitioner had submitted that 47 people were
killed in Gurgaon and two teenaged girls along with 17 others were killed in
Pataudi on November 2, 1984. The state government had constituted the
commission headed by Justice TP Garg, a retired judge of the Allahabad high
court, on March 5, 2011, to inquire into the killing of 32 Sikhs in Hondh
Chillar village of Rewari district. The directions were sought to probe the
communal violence of Gurgaon and Pataudi.
The petitioner also sought directions to set up a
special investigation team (SIT) in the same manner as was done into Gujarat
riots case.
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