Apex court stays order in Karnataka cop's case
Nd,Crime/Disaster/Accident,Immigration/Law/Rights, Fri, 01 Jun 2012 IANS
New Delhi, June 1 (IANS) In a relief to former Karnataka police chief Shankar Mahadev Bidari, the Supreme Court Friday stayed the high court order of May 28 holding as illegal his appointment to the top post.
Bidari had moved the high court challenging the March 16 order of the Central Administrative Tribunal (CAT) quashing his appointment as head of the state police.
Bidari moved the high court for a second time after the apex court April 24 sent the matter back to it.
CAT had quashed the appointment of Bidari, holding that the entire material about him was not placed before the Union Public Service commission when it prepared a penal of three senior most officials for the appointment of state DGP and IGP.
The high court had dismissed the plea by Bidari challenging the high court order.
An apex court bench of Justice K.S. Radhakrishnan and Justice C.K. Prasad, while staying the May 28 order of the high court, left it to the state government to appoint anyone as state police chief.
The court stayed the high court order after it was told by senior counsel Gopal Subramanium that there was nothing adverse against Bidari during his service career.
This included alleged atrocities committed by some personnel of the Special Task Force on tribals during a joint operation against sandalwood smuggler Veerappan.
Subramanium told the court that the entire question involved "far reaching question of law".
He told the court that Indian Police Service officers were governed by the All India Service rules and the high court had held that there was new jurisprudence to deal such cases following an apex court judgment.
Subramanium told the court that both in the report of Justice Sadasivam and that of NHRC there was no prima facie adverse comments against Bidari.
The counsel said that after ordering compensation to the tribal victims, the NHRC closed the case as there was nothing to proceed against Bidari.
When the court inquired if there was anything against Bidari in the Justice Sadasivam report, Subramanium said: "Not even a word."
Subramanium told the court that the joint task force of Tamil Nadu and Karnataka police was headed by Tamil Nadu's Walter I. Dawaram and Bidari was his deputy.
Subramanium told the court that Bidari was appointed the state DGP and IGP in November 2011. Under the apex court guidelines in Prakash Singh case he has two years tenure that would end in November 2013.
The senior counsel told the court that reinstatementof Bidari as DGP of the state police would not unsettle anyone as the earlier officiating DGP A.R. Infant retired May 31.
Sakshi Ads: Hearing of Govts plea on June 11
http://ibnlive.in.com/news/sakshi-ads-hearing-of-govts-plea-on-june-11/263215-60-121.html
HYDERABAD: The High Court on Wednesday adjourned to June 11 hearing on the writ appeal filed by the state government questioning the single judge's order suspending ban on release of advertisements to Jagati Publications and Indira Television which run Sakshi newspaper and TV channel.
When the appeal came up for hearing an adjournment was sought on behalf of the petitioner's counsel and the vacation bench comprising justices B Chandra Kumar and KG Shankar adjourned the case.
�Ex-journalist's appeal admitted
HYDERABAD: A vacation bench of the HC comprising justices B Seshasayana Reddy and KG Shankar on Wednesday admitted a writ appeal filed by former journalist Sunil Reddy questioning the order of a single judge who had set aside the pardon granted in his favour in a criminal case of forgery.
�The appellant is accused of forging the signature of an MP and for making allegations against DGP V Dinesh Reddy. The prosecution said he had done it at the instance of senior IPS officer Umesh Kumar.
Grant bail to Tara, HC tells Lower Court
HYDERABAD: Justice B Chandra Kumar of the High Court directed the criminal court dealing with the case of Tara Chowdary alias Rajeshwari, arrested in a prostitution case, to grant her bail as the prosecution had failed to file a chargesheet within the prescribed period (60 days). Tara was arrested in a prostitution case last month.
The Criminal Procedure Code provides for grant of bail when a chargesheet is not filed within the prescribed period.
The judge, however, made it clear that the lower court, while granting bail, would be free to impose such terms.
Court stays food safety norms
http://www.deccanchronicle.com/channels/cities/chennai/court-stays-food-safety-norms-436
May 31, 2012
The Madras high court has stayed the operation of the newly prescribed regulations of the Food Safety and Standards Authority (FSSAI) pertaining to licensing and registration of food business on Thursday.
Vacation judge K. Venkataraman granted the stay, while passing interim orders on writ petitions filed by the Tamil Nadu Hotels Association in Egmore and others.
The regulations among other things, defined petty food manufacturer by prescribing an annual turnover and imposed certain other restrictions and the petitioners contended the new regulations were impracticable.
Advocate G. Sankaran, appearing for them said when section 31(2) of the FSSAI’s licensing and registration of food business act of 2011 defined petty manufacturer only with reference to the nature and scale of business, the regulation could not put restrictions in the name of annual turnover.
“Therefore, the regulation was inconsistent with the provisions of the main Act 34 of 2006.
The judge said since an interim stay had already been granted by the Madurai bench of the Madras high court, there should be an order of interim stay on these petitions too.
On admission of the petitions, the judge ordered notice to the Union ministry of health and family welfare and the commissioner of food safety of Tamil Nadu, returnable in three weeks.
The petitioners prayed that the court declare as unconstitutional, unreasonable and arbitrary, the provisions and the regulations framed by the FSSAI under Sec.
92 of Article 34 of 2006 in 2001 with regard to licensing and registration of food business and food additives.
No need for fresh PG dental counselling, says HC bench
BANGALORE: The division bench headed by Chief Justice Vikramajit Sen on Thu8rsda y set aside the single be8nch order asking the Con8sortium of Medical, Engin8eering and Dental Colleges in Karnataka (ComedK) to go in for fresh counselling for post-graduate dental courses.
"When an overwhelming majority of candidates have already meticulously complied with all the stipulations, the single bench has re-written the conditions and this is impermissible,'' the bench has observed while allowing the writ appeal challenging the May 25 order.
The division bench said that the petitioners, who were educated, knew that there would be multiple aspirants for each seat and hence should have complied with all the stipulations.
It said that it was debatable that the examination system determined the students' merit. "There is always an element of luck. The CBSE %is presently considering not placing total reliance on one exam and instead take into account the students' record in the previous academic year. The petitioners may %understandably be disappointed, but to think that their rights have been infringed upon is a misnomer. Courts cannot always ensure the redressal of every nuance of grievance," the bench has observed.
Dr.Amritha Chakroborty and 11 others, all top rankers, had moved the high court after ComedK disallowed them from participating in counselling on the ground that the counterfoils they had produced did not carry the seals / signatures of the bank, and in some cases the demand drafts produced were not that of nationalised banks.
The single bench while allowing their petition had directed ComedK to hold re-counseling to all the 200-odd seat s citing that merit cannot be overlooked as petitioners we8re ranked between 4 and 200.
High court to hear on authority of Lokayukta on July 10
ALLAHABAD: The Allahabad High Court on Thursday has posted a petition questioning the authority of UP Lokayukta in continuing in the office on July 10. A division bench of Justice Sunil Ambwani and Justice Aditya Nath Mittal has also asked the state government to furnish the details before the court in this regard.
The petition filed by Mukul Upadhyaya, Member of Legislative Council sought issuance of a writ of quo warranto as to under which authority Justice NK Mehrotra was holding the post, who had approached to the High Court, seeking quo-warranto, directing NK Mehrotra, Lokayukta Uttar Pradesh to show cause as to under which authority of law he is continuing to hold the office and drawing salary and allowances.
The petitioner has also challenged the new ordinance number 1 of 2012 whereby Justice Mehrotra's term has been extended. The petitioner contended that the ordinance was issued in contravention of the constitutional provisions and hence Justice Mehrotra should be restrained forthwith from his functioning as Lokayukta.
Additional advocate general, CB Yadav assisted by Ramanand Pandey, standing counsel contested the petitioner's plea stating that the petition was not maintainable because the petitioner has bias against Justice Mehrotra.
Set up panel to monitor city traffic, says HC
http://www.indianexpress.com/news/set-up-panel-to-monitor-city-traffic-says-hc/956357/0
: Fri Jun 01 2012, 00:52 hrs
The Bombay High Court recently directed the appointment of a ten-member high-power committee (HPC) headed by the Additional Chief Secretary (Home) to monitor the city’s traffic and suggest ways to improve its management.
“ ...it appears to the court that it would be in the fitness of things to appoint a high-power committee to monitor the traffic situation in Mumbai and suggest the required corrective and remedial measures for ensuring smooth and disciplined vehicular as well as pedestrian traffic,” Chief Justice Mohit Shah and Justice Nitin Jamdar observed.
The state government has been asked to appoint the committee by June 7. The committee will also include the principal secretaries of the Urban Development and Transport departments, the transport commissioner of Maharashtra, Joint Commissioner of the Mumbai Metropolitan Region Development Authority (MMRDA), Additional Municipal Commissioner (Roads), Joint Commissioner of Police (Traffic), an office-bearer of the Western India Automobile Association and two citizens of Mumbai. The committee has been asked to submit its report to the court within three months.
Joint Commissioner of Police (Traffic) Vivek Phansalkar had informed the High Court that the police department would fill up the 676 vacant posts for constables and head constables within two months. He added that the technology used for traffic signals and CCTV cameras installed across the city would also be upgraded.
The court was hearing a PIL filed by the Bombay Bar Association (BBA) and the Western India Automobile Association seeking greater traffic safety and strict adherence of traffic norms in the city. The case has been adjourned till August 2.
In an affidavit submitted by the state government in February, the High Court was told, “After a delegation of officers visited London to study the operation of CCTV cameras for traffic management there, a proposal regarding the installation of more than 5,000 cameras is on the anvil. It is expected that these cameras will be operational within a year,” the affidavit stated.
According to the state government, 1,27,969 traffic offences were registered in January this year and fines amounting to Rs 1.59 crore were collected.
| BSE eases relisting norms for suspended companies |
| Minimum paid-up capital, networth and profitability conditions done away with promoter lock-in post relisting increased to one year |
| N Sundaresha Subramanian / New Delhi Jun 01, 2012, 00:27 IST |
The Bombay Stock Exchange (BSE) has revised the relisting norms for companies, which were recently challenged by a public interest litigation (PIL) at the Delhi High Court. According to the new norms, which the exchange’s board approved on April 27, suspended companies are not required to comply with requirements, such as minimum paid-up capital, minimum networth and profitability track record.
However, it has increased the lock-in on promoter group shareholding to one year after commencement of trading, up from the earlier six months. Further, promoters are also barred from selling their shares up to six months before the revocation of suspension.
Earlier, BSE had aligned the relisting norms in line with the conditions for fresh listing, which came into effect in July 2011. According to these rules, companies which have remained suspended for over a period of one year had to have a minimum paid-up capital of Rs 10 crore and a minimum networth of Rs 50 crore.
Further, it needed a profit-making track record. Accordingly, the company should have “distributable profits in terms of Section 205 of the Companies Act, 1956 for at least three out of five immediately preceding financial years based on audited financial results with the last financial year reporting profit. Provided that extraordinary income shall not be considered for calculating distributable profit. Provided further that latest three financial years should comprise a period of at least 12 months.”
According to several investor associations, these conditions made it practically impossible for suspended companies to relist and trade on the bourses again. According to the PIL, over Rs 1.8 lakh crore was stuck in such suspended firms. The petition alleged that by making relisting difficult with these conditions, BSE and Sebi were playing into the hands of the promoters. It further alleged that they did not make any efforts to protect the interests of the investors.
BSE, in its submission to the Delhi High Court, said it had reconsidered the norms “suo motu” in the interest of investors even before the petition was filed. The relaxed norms are likely to take effect after the minutes of the board meeting are approved by the board.
Other conditions that do not figure in the new norms submitted by BSE to the court include the minimum requirement of 500 public shareholders and at least 50 per cent of public shareholding to be in demat shares.
Ajay Veer Singh, advocate for Atul Agarwal, who filed the PIL, said: “The change in rules offers a ray of hope for investors. But this is a minor issue, if one looks at the larger issue of inaction on large number of suspended companies. Our goal is that there should not be a single dead share.”
| |
Govt rules transparent'
JAIPUR: A PIL was filed by one Jago Janata Society through advocate Poonam Chand Bhandari challenging the validity of the regularizations made after June 17, 1999 as it was contended that it was a one time scheme to regularize only those illegal constructions in the state which have been made prior to June 1999.
It was also given out that there is no scheme for conversion of agricultural land for commercial, residential, or other non-agricultural use as such and all the allotments made after the date notifying Section 90-B should be declared illegal. On Thursday, additional advocate general SN Kumawat, appearing for state government, told a division bench that government has framed detailed rules which are quite transparent and therefore, there is no grievance pertaining to 90-B as the same is no more a part of statute books. As such, the PIL has become infructuous.
Notice to Haryana on PIL seeking approval to run schools on one-acre land
Express news service : Chandigarh, Fri Jun 01 2012, 01:23 hrs
The Punjab and Haryana High Court today issued a notice to the Haryana government on a public interest litigation (PIL) demanding change in rules of the Haryana School Education Board wherein no organisation or body is permitted to set up a school if it (organisation) does not have two acres of land.
This, the petitioner, contended was contrary to the guidelines laid down by the Central Board of Secondary Education (CBSE)/Indian Certificate of Secondary Education (ICSE). The PIL has demanded that the rules should be changed and the minimum land required for construction of a school should be reduced to one acre.
The petitioner has also sought directions to Haryana Urban Development Authority to frame an appropriate policy for allotment of school sites in terms of CBSE and ICSE.
The petitioner submitted that all recent auctions in Panchkula for school sites failed miserably as no auction was conducted in less than four acre.
Torture’ of kids in observation home: HC notices to IG, UT
http://www.indianexpress.com/news/torture-of-kids-in-observation-home-hc-notices-to-ig-ut/956396/0
Express news service : Chandigarh, Fri Jun 01 2012, 01:46 hrs
Taking note of serious allegations of brutal torture, harassment and thrashing of poor children in Observation Home, Sector 25, the Punjab and Haryana High court on Thursday issued notices to the Inspector General of Police, Chandigarh, and the UT Administration.
The notices have been issued by a division bench comprising acting Chief Justice M M Kumar and Justice Alok Singh on a public interest litigation (PIL) filed by advocate Utsav Singh Bains, a resident of Sector 2, Chandigarh.
The petitioner has sought directions for detailed guidelines to be issued to the police on how to deal with poor children.
The petitioner has also sought guidelines to be issued to the Juvenile Justice Boards to record statements of children, when presented before them regarding police abuse and order registration of an FIR in case the child states police abuse.
Also, the PIL has demanded setting up of a Special Investigation Team to investigate the abuse of children by the police and review cases of children lodged in the Chandigarh Observation Home by any independent agency.
The agency, the petitioner has said, should submit a periodical report regarding police abuse and other grievances to the court for appropriate action. Directions to the Inspector General of Police have also been sought to initiate criminal and disciplinary proceedings against the police officers for the brutal torture and abuse of children in police custody.
It is for the first time that the court has taken cognisance of audio recording to set the law in motion. In April-May, 2011, the petitioner interviewed children inside the Observation Home. The petitioner was then in the final year at law school. The interviewed children disclosed to the petitioner that they had been illegally detained, stripped naked and tortured with electric shocks by police officers inside police stations in Chandigarh.
Bains has annexed statements of the victims and their audio recordings with the petition. One of the children told the petitioner that he had committed a theft in Sector 38 last year. After the arrest, he was thrashed by policemen. Another child, an inmate, told the petitioner that he was given electric shocks by the Chandigarh Police officers.
The High Court has given the IG and Chandigarh Administration six weeks to file their replies. The case will now come up for resumed hearing on August 16.
Aarushi-Hemraj murder case: Allahabad HC rejects Nupur's bail plea
http://ibnlive.in.com/news/aarushihemraj-case-nupurs-bail-plea-rejected/263311-3.html
New Delhi: Murdered teenager Aarushi Talwar's mother Nupur failed to convince the Allahabad High Court on Thursday to grant her bail in the double murder case of her daughter and domestic help Hemraj. The High Court rejected Nupur Talwar's bail application and said that the trial in the sensational murder case would continue.
Nupur had applied for bail after the sessions court rejected her plea. She has been lodged in Ghaziabad's Dasna Jail since April 30.
The Central Bureau of Investigation (CBI) had opposed Nupur's bail saying that she may try to scuttle the legal process if she was set free. The agency also said that the court should consider her conduct since the time she was made accused and not grant her bail.
Nupur and her husband Rajesh Talwar have been charged with murder, destruction of evidence and conspiracy in the double murder case that took place in May 2008. Rajesh Talwar has also been charged with misleading the investigation in the double murder case.
The CBI has claimed the Talwars' maid, the guard and driver corroborate their 'last scene theory' according to which there were four people living in the house - Rajesh Talwar, Nupur Talwar, Aarushi Talwar and Hemraj - and there was no sign of a fifth person's entry at the time of the murders. "Four people were there, two died and two were left. When a murder takes place in a closed house and two are dead, then the onus shifts on those who are alive," the CBI had argued.
The CBI also claims that Aarushi and Hemraj's injuries were identical. "The golf stick recovered from the house matches the injury. The Talwars refused to identify Hemraj's body and gave false information regarding the crime scene," according to the CBI.
Aarushi was found murdered in her Jalvayu Vihar residence in Noida on May 16, 2008. The body of Hemraj, who was initially suspected to have killed the teenager, was found on the terrace of Talwar's home on May 17.
Raising age of consent for sex to 18 regressive, undemocratic: Court
NEW DELHI: Terming a new law that raises the age of consent for sex from 16 to 18 years "undemocratic" and "regressive", a trial court feared it would act as a "tool for the police to harass minors".
The Protection of Children from Sexual Offences Act ( PCSOA), passed by Parliament in the recently concluded session, criminalizes all sex by teenagers.
"Such a move would open the floodgates for prosecution of boys for offences of rape on the basis of complaints by girls' parents irrespective of whether the girl was a consenting party," said additional sessions judge Virender Bhat, in an order passed earlier this week.
While the court made it clear that it was against teenage sex and shared the concern of parents and the government, it said raising the age bar was not a solution. Imparting sex education in schools was a better option, it said.
"Good virtues cannot be inculcated and good conscience cannot be imbibed in a child by legal provisions. It would be better and wiser to leave this job to parents and school teachers... Children need to be imparted sex education in the schools," the judge said while sending a copy of the order to the secretary, law department and chairman of the National Law Commission as a suggestion from the court.
The observations were made while acquitting one Sandeep Paswan, facing trial for kidnapping and raping a minor girl who had eloped with him. The two had married at an Arya Samaj Mandir in Lucknow.
According to the police, the 15-year-old girl had gone missing from her house in January 2011. Her father then reported the matter to the police on February 17, 2011 and an FIR was registered. The girl was found in August 2011 from a village in Uttar Pradesh where she was living with Sandeep as his wife.
While absolving Sandeep of the charges, the court noted that it was clear from the girl's testimony that she eloped with him as they were in love.
The court said, with the advent of cable television, internet and rapid changes in biological factors, children were getting exposed to knowledge about sex and marital relations at an early age. "With the result, cupid strikes them at an early age, before they attain majority.... Since parents are always opposed to such an alliance, may be rightly so, the loving couple elope," the judge observed.
The court said even boys in some cases become victims as they do not understand the consequences of their actions and are sometimes lured by the girl.
"Such cases should be an eye opener for the worthy lawmakers of our country, who, I understand, are contemplating raising the age limit for consensual sex from 16 to 18 years. Gone are the days when a child of 16 or 17 years of age was ignorant about sex and the desire to have sex," the judge said.
The order comes on the heels of another judge, additional sessions judge Kamini Lau raising similar concerns.
Times View
We are in complete agreement with the observation of this trial court that the new law is likely to become a tool to harass teenagers rather than one that protects them. Unfortunately, the law has already been passed by Parliament and given presidential assent. We would still urge our lawmakers to reconsider what they have done and amend the law to ensure that consensual teenage sex is not criminalized. Neither Parliament nor the government should see this as a matter of their prestige. What is important is what is good for our young and that should remain the prime consideration. Sticking to a bad law does not enhance the authority of the state, it diminishes it.
Youth gets death for rape, murder
http://www.deccanchronicle.com/channels/nation/south/youth-gets-death-rape-murder-421
May 31, 2012
Viswarajan, 22, accused in the raping and killing of 34-year-old R. Smitha, a native of Koippallykarayma near Kayamkulam, was awarded the death penalty by the Mavelikkara additional district and sessions court-II on Thursday.
The verdict was pronounced by judge A. Badharudheen after a nearly two-month-long trial. The trial started on April 9. Hearing the verdict, Vishwarajan who had a hint of a smile on his face, bowed his head without any signs of remorse.
Additional public prosecutor S. Ramanan Pillai who was appointed by the government for the victim said that apart from the death penalty for murder, Vishwarajan had been awarded six months rigorous imprisonment for illegal detention and a Rs1 lakh fine as well.
“If the fine is not remitted, he would have to bear an additional six months of rigorous imprisonment. The court has observed the case as being the rarest of rare. The verdict will help to spread the message about the consequences of an assault against women,” he said.
The incident relating to the case happened on October 24, 2011, at 7 p.m while Smitha was on her way home from work. She was working with a private shop in Kayamkulam as a saleswoman.
Vishwarajan who was in an inebriated condition, hid near Smitha’s home and raped her. He then abandoned an unconscious Smitha in a marshy area. The incident took place just 200 m away from Smitha’s home. Viswarajan, a native of Oachira was living with his relatives whose home was near Smitha’s.
Following the incident, the investigation team led by the then Kayamkulam circle inspector A.N. Shanihan submitted a report before the court.
As many as 38 witnesses appeared before the court during the course of the trial. Shanihan told dc there was no hurdle in the way of the investigation. The mobile phone which was found at the spot of the incident was the turning point in the investigation, he recalled.
“The main significance of this case was that the majority of witnesses who appea-red before the court were women,” he pointed out.
A police officer who accompanied Vishwarajan from Poojappura central prison said that he had tried to break out of jail by jumping out of the prison building. This resulted in Vishwaraj-an fracturing his leg. Vishwarajan was brought to court from the Poojappura central prison at 10 am and returned to Poojappura at 2.30pm in a police van. The court pronounced the verdict by 11.15 am.
Security was tightened in the court premises. Advoca-te G. Madhu who appeared for Vishwarajan said to media persons that the verdict would be challenged in a higher court.
Motive has ceased to exist: Experts
JAIPUR: The findings recorded by the district and sessions court that absolved BJP legislator Rajendra Rathore in the Dara Singh fake encounter case have dealt a heavy blow to the CBI.
Legal experts believe that even if the investigating agency appeals against the release of Rathore in the HC, the prosecution's case appears to have been weakened. "The CBI arrested Rathore on the charge that he was the key conspirator in the fake encounter, as only he had a motive for eliminating Dara Singh. Now that the court has absolved the main accused of the conspiracy charge, the motive has ceased to exist and the entire investigation has come under question," said Deepak Chauhan, who practices criminal law at the sessions court. "In a criminal case, establishing the motive is of utmost importance," he added.
CBI lawyer Sarfaraz Haider Khan, however, said the court ought not to have gone into the merits of the case at the stage of framing charges. "The merits of charges are decided when the witnesses are questioned and cross-examined before the court once the trial begins. If the case's merit were to be decided at the charge framing stage, where was the need to have the provision of trial under law," Khan said.
Rajendra Rathore absolved of charges in Dara fake encounter case
JAIPUR: A district and sessions court here on Thursday absolved BJP legislator and former minister Rajendra Rathore of all criminal charges against him in the Dara Singh fake encounter case even before he faced a trial.
About an hour after the court order, a relieved Rathore walked out of the Jaipur Central Jail around 1:15 pm. In the first statement after his release, the BJP's senior leader accused the Ashok Gehlot government of a carrying out a political vendetta against him and said that he would be seeking "retribution for every single day spent in the jail" since his arrest 55 days ago.
Reacting on the development, leader of opposition Vasundhara Raje said, "We reiterated that we have full faith in judiciary and the court decision is a victory of the justice. This decision has exposed the ulterior motives of the Congress. The court verdict has confirmed that the Congress misuses the CBI for its political ends."
BJP leaders, including legislator Digambar Singh received Rathore outside the jail and drove him first to Moti Doongri temple and later to the party headquarters. Party president Arun Chaturvedi, Digambar Singh and Rathore again hit out at the Gehlot government while addressing the BJP workers there.
While discharging Rathore of the charges against him, district judge PC Jain listed out several loopholes in the case. Experts opined that the order was likely to have a negative bearing on the prosecution against other accused also, including suspended additional director general of police AK Jain and inspector general A Ponnuchami.
"The accused is discharged as the criminal conspiracy charges of stage managing Dara Singh's encounter is not made out against him going by the loopholes in the evidence," the court said in its order. One of Rathore's lawyers, Hemant Nahta said that the court found that the evidences did not prove the criminal conspiracy claimed by the CBI in its chargesheet.
"The court said that the CBI has failed to prove that Rathore met Dara's rival Virendra Nyangli in the jail after the latter's arrest in April 2003. Similarly, the court observed that the only evidence against Rathore in the case were the phone call details between him and ADG Jain. The court was of the opinion that Rathore could not be framed under Section 120-B of IPC (criminal conspiracy) simply on the basis of the call details," said Nahta.
Rathore's another lawyer AK Jain said that the CBI has also failed to prove the motive behind the killing on the basis of the statements of prosecution witnesses. The court stated that the details of four phone calls made between Rathore and Jain were prior to October 19, almost four days before Dara was killed. The court observed that neither Dara nor a contractor Vijay Singh were in the custody of Rajasthan police's SOG at that time. "There is nothing to prove that Rathore and Jain had personal relations which could have prompted the policemen to kill Dara Singh in a fake encounter," the court observed. It stated that Rathore's name did not come up in the case for four years after the encounter.
The CBI arrested Rathore on April 5, charging him with criminal conspiracy to kill Dara Singh on Jaipur's outskirts on October 23, 2006.
ATC Telecom Tower Corp approaches TDSAT to recover dues from Etisalat DB
PTI May 22, 2012, 10.45PM IST
NEW DELHI: Telecom infra firm ATC Telecom Tower Corporation has approached the sectoral tribunal TDSAT to recover its dues from mobile operator Etisalat DB, which has closed operations after cancellation of its license.
In its petition, the Kerala-based firm has requested the Telecom Disputes Settlement and Appellate Tribunal to direct Etisalat to pay Rs 70 lakh in dues.
The TDSAT has listed the matter for hearing on Friday. ATC Telecom Tower was providing telecommunications infrastructure services to Etisalat DB, a joint venture between UAE-based telecom giant Etisalat and Dyanmix Balwa group.
Earlier, on May 4, TDSAT had restrained Etisalat DB from transferring its equipments lying with the Anil Ambani group company, RInfra.
The RCom subsidiary is claiming over Rs 1,200 crore as dues from Etisalat DB for using its telecom towers and other infrastructure.
Presently, Etisalat DB also is facing recovery suits on various forums including TDSAT, High Courts and Debt Recovery Tribunal.
CWG street-lighting scam: Three accused granted bail
http://www.dnaindia.com/india/report_cwg-street-lighting-scam-three-accused-granted-bail_1696425
Published: Thursday, May 31, 2012, 19:13 IST
Place: New Delhi | Agency: PTI
| A Delhi court today granted bail to three MCD officials, arrested for their alleged roles in a corruption case involving award of a contract to a firm for upgrading the city's street lighting before the Commonwealth Games in 2010. Special CBI Judge Pradeep Chaddah released on bail MCD Superintendent Engineer DK Sugan, Executive Engineer O P Mahla and civic body's tender clerk Gurcharan Singh on a personal bond of Rs one lakh each along with one surety of the same amount. The three along with others have been accused of causing a loss of nearly Rs 1.43 crore to the exchequer in illegal award of the contract to Delhi-based firm, Sweka Powertech Engineers Pvt Ltd. "Keeping in mind the fact that the two co-accused have been enlarged on bail and the present accused are in custody for nearly a year, it would be in fitness of the things to enlarge the accused on bail. "Let accused D K Sugan, O P Mahla and Gurcharan Singh be released on bail on furnishing personal bond in sum of Rs 1 lakh with one surety each in the like amount," the court said. The trio were granted bail on ground of parity as the promoters of Sweka, T P Singh and J P Singh, have already been granted bail by the Delhi High Court on May 21. The special court also noted that the accused have been in judicial custody for nearly a year and the material witnesses in the case have already been examined, which was a reasonable ground for granting bail. (MORE) PTI SKV AKI RAX 05311833 NNNN COURT-CWG 2 LAST ZCZC PRI DSB ESPL LGL NAT .NEWDEL DES35 COURT-CWG 2 LAST The CBI had opposed the trio's bail on the ground that they cannot claim parity with other co-accused as they were MCD officials and were in a position to influence witnesses belonging to their department. The court, however, granted them bail saying, "I questioned the investigating officer and what has emerged is that the witnesses are merely to depose from the record and they will not be able to do much to save the skin of the accused." Those named as accused in the case are Sugan, Mahla, Gurcharan Singh, T P Singh, J P Singh and MCD Accountant V Raju, who was earlier released on bail. M/s Sweka Powertech Engineers Pvt Ltd is also an accused in the case. The trial court had on March 12 framed charges against the six persons and the firm for criminal conspiracy, cheating and forgery under the Indian Penal Code (IPC) and various provisions of the Prevention of Corruption Act. PTI SKV AKI RAX 05311837 NNNN |
7 months on, Citi scam accused walks out of jail
Deevakar Anand & Leena Dhankhar, Hindustan Times
Former bank executive Shivraj Puri, the prime accused in the Rs. 400-crore Citibank fraud case, was released on bail on Thursday from the Bhondsi jail near Gurgaon, where he had been lodged for the last 17 months. He and his father Raghuraj Puri, a co-accused in the case, were granted bail by the Punjab and Haryana High Court on Monday.
While Raghuraj was released on Wednesday, Shivraj's release came after his lawyers submitted his passport and furnished bail sureties of Rs. 2 lakh each for two separate FIRs under which he was booked for forgery and cheating in December 2010.
The surety amount was decided by Gurgaon chief judicial magistrate (CJM) Rajesh Sharma on Thursday.
The high court, while granting them bail, had fixed Rs. 5 lakh bail surety for Raghuraj while it had left it to the discretion of the CJM to decide his son’s bail amount.
The court had, however, said that he should be released on a “heavy bond” amount.
The Puri family is believed to be in financial crisis due to the ongoing litigation.
After being released, Shivraj told Hindustan Times, “Being in jail has taught me to value freedom. I always had faith in the judiciary. However, this is only a temporary relief.”
Puri’s uncle had come to pick him up from jail and reportedly dropped him at his (Shivraj’s) house in DLF Phase 4.
The high court had earlier granted anticipatory bail to Shivraj’s mother Deeksha.
The only co-accused still behind bars is Sanjay Gupta, former vice-president of Hero Corporate Services.
Shivraj, a former relationship manager with Citibank, had allegedly siphoned off around Rs. 400 crore of various customers to some fictitious accounts.
Puri was booked under sections 420, 467, 468, 471 and 120B of the Indian Penal Code (IPC) early this year along with his parents and Gupta on a complaint filed by Citibank officials and a high net worth account holder.
Raghuraj was the managing director of a Kolkata-based firm, Normans Martin Brokers Pvt Ltd, through which Shivraj allegedly used to divert money into stock markets.
Criminal complaint filed against Bhushan for 'defa
http://zeenews.india.com/news/nation/criminal-complaint-filed-against-bhushan-for-defa_779021.html
Last Updated: Thursday, May 31, 2012, 22:32
New Delhi: A lawyer has approached a local court here with a criminal complaint against Team Anna member Prashant Bhushan accusing him of "abusing and defaming" Prime Minister Manmohan Singh.
Lawyer D D Sharma filed the complaint in the court of Additional Chief Metropolitan Magistrate in Patiala House.
"The accused is in the habit of defaming and maligning top personalities of the country" and Bhushan should be prosecuted under section 500 (defamation) of Indian Penal Code, Sharma said in his complaint.
Bhushan was in the eye of a controversy for using a particular word against Singh. However, he had claimed that what he said was that Singh's honesty was used as a shield by Congress.
NRHM: Chargesheet filed against Kushwaha
http://www.indianexpress.com/news/nrhm-chargesheet-filed-against-kushwaha/956328/
Press Trust of India : Ghaziabad, Fri Jun 01 2012, 00:26 hrs
The CBI on Thursday filed its supplementary chargesheet in the NRHM scam, accusing former family welfare minister Babu Singh Kushwaha of abusing his official position to favour private companies while allotting contracts for upgradation of 134 hospitals in Uttar Pradesh.
In its chargesheet filed before a special CBI court here, the agency accused the former BSP minister and his close aide, former MLA R P Jaiswal, of misusing their official position to benefit local company Surgicoin Medequip Pvt Ltd, sources said.
“The matter pertained to upgradation of 134 district hospitals for an amount of Rs 13.4 crore under NRHM. It was alleged that the said work was given to Ghaziabad and Lucknow-based private firms without following any codal formalities and on the basis of bogus and forged documents.
“An approximate loss of Rs 5.46 crore was found to have been caused to the government exchequer in the said case,” the CBI said in a statement.
Both Kushwaha and Jaiswal are already in judicial custody and lodged in Dasna Jail.
The CBI slapped Indian Penal Code sections related to criminal conspiracy, criminal breach of trust by public servant, cheating and forgery, besides relevant sections of the Prevention of Corruption Act.
Veerappa Moily warns Reebok India against holding back information
NEW DELHI: The corporate affairs ministry has said it will get to the bottom of the alleged Rs 870-crore fraud at Reebok India, and warned the company against holding back information.
The government has enough ways and means to launch a holistic investigation to examine all aspects of the case, Corporate Affairs Minister Veerappa Moily told ET.
Reebok India, part of the Germany-based Adidas group, has been holding out on the government's demand of handing over its books.
Adidas had last week filed an FIR with the Gurgaon police station, accusing former CEO Subhinder Singh Prem and COO Vishnu Bhagat at its Reebok India unit of commercial irregularities of 870 crore. "We cannot provide any further details since the matter now rests with the Indian law enforcement authorities," Adidas India spokesman had said on Wednesday, ruling out furnishing of further details to the registrar of companies.
The government had asked the registrar of companies to look into the accounts of Reebok India when reports of the alleged fraud came out, but it was forced to refer the matter to the Serious Fraud Investigation Office after the company refused to cooperate.
"As far as IPC (Indian Penal Code) is concerned, maybe they are right. But what about the fraud committed on the company? And the fraud committed on shareholders?" asked Moily. "This causes economic offence. It needs to be dealt either by Sebi (market regulator) or the corporate affairs ministry," he added, dismissing the clarification given by Adidas.
The minister also said that he would not hesitate to go after the global auditors of the company if concrete evidence was found against them. "In the process of investigation, if we find the auditors have also joined in supporting the fraud, then we will investigate. But it is too early to draw any inference," Moily said. KPMG, the global auditor of Adidas AG, had earlier clarified to ET that it had no role in the auditing of the Indian arm of the sports brand.
After eight tiger deaths in Maharashtra, no action taken to prevent poaching
MUMBAI: Despite eight tigers having been killed in the last six months in the Tadoba tiger reserve and elsewhere in the state, it has been found that the state government has not initiated stringent measures to halt poaching.
Forest minister Patangrao Kadam visited the Tadoba Andhari reserve in Chandrapur district on Wednesday.
"There were specific reports from %wildlife activists, saying poachers from Madhya Pradesh would enter the state as they had taken supari for killing tigers. However, no steps were taken to halt the poaching," said a senior Indian Forest Service official.
He said that in view of the stepped up poaching activities, the state forest department, in collaboration with the state police, should have set up special squads to curb poaching. However, the cabinet member woke up only after the Centre sought details from the state on increased poaching in Maharashtra, he added.
Slamming the Centre for not amending the more than century-old Indian Forest Act, the official said that under section 66 of the Act, a forest or police officer has powers to prevent commission of an offence. "The Act is very weak, no forest officer can take direct action against the poachers. If the government is serious about curbing poaching activities, besides amending the Indian Forest Act, 1927, it should set up special forest police stations and grant powers under the Indian Penal Code and Criminal Procedure Code to the forest officials. In that event, forest officers will be able to arrest the poachers," he said.
It also appears that the state government has completely ignored the concept of protection of wildlife and stringent implementation of the wildlife protection act. Nearly 50 officials, specially-trained in wildlife, have been given insignificant assignments. Either they have been deployed in social forestry or planning section. "The government has been told on several occasions about the need to set up a secret service fund and intelligence unit to gather information on illegal activities," he said.
After the tiger killings, the state forest department had deployed 90 armed forest guards in and around the Tadoba tiger reserve, said another IFS officer.
He added that besides taking corrective measures to halt poaching, Kadam should order a high-level probe into the killings. "Kadam must fix the responsibility and take action against erring forest officials," he said.
India continues to violate Italian jurisdiction over trial: FM 1 Jun 2012, 0916 hrs http://www.timesnow.tv/India-continues-to-violate-Italian-jurisdiction-over-trial-Italy/articleshow/4403351.cms
IST, AGENCIES
Italy has said it sees no reason to sing a "victory" song over the bail granted to two of its marines charged with the killing of two Indian fishermen as India continues to "violate Italian jurisdiction" over the trial.
Italian Foreign Minister Giulio Terzi hinted the bail decision would do little to end the diplomatic row with India.
"There's no reason to sing a victory song because the Indians continue to violate Italian jurisdiction," Terzi told the Italian Senate on Wednesday (May 30) after the Kerala High Court granted conditional bail to marines Latore Massimilliano and Salvatore Girone.
"Together with Defence Minister Giampaolo di Paola we will examine the concrete meaning of the decision and more specifically the conditions that will be imposed," Terzi said.
The marines, who were arrested from the merchant vessel 'Enrica Lexie' on February 19 from which they fired at the fishermen off Kerala coast on February 15, are at present lodged at the Borstal prison in Kochi.
After being in jail for nearly 15 weeks, the two Italian marines were granted bail by the court yesterday with some stringent conditions.
The Court also directed the Kerala government to ensure abundant caution and inform the seaport or other authorities to prevent the two accused from leaving the country.
The Court order in the case which sparked a diplomatic standoff between India and Italy came a day after it turned down that country's plea for quashing an FIR against the marines.
The court had held that the two accused were liable to penal jurisdiction of Indian courts. While Italy claims that the marines should be prosecuted in their home country as the incident occurred on an Italian-flagged vessel in international waters.
Earlier this month, Italy had recalled its ambassador for consultations after the marines were charged with murder.
Three ‘journalists' arrested on charge of intimidation
Race Course Police on Wednesday arrested three persons on charges of intimidating a journalist and demanding illegal gratification for publishing a correction in respect of defamatory article against him.
According to police, Nandakumar working with a Tamil television news channel preferred a complaint stating that he was intimidated by a group of people claiming to be journalists, when he questioned them for publishing a defamatory article about him.
Mr. Nandakumar saw them near a bakery in front of the Collectorate and questioned them the basis the for the article. Purnami Nilavan (45), his wife Kalaiselvi both acting as Editor and Sub-Editor the magazine and another person claiming to be a journalist representing another magazine reportedly intimidated him.
They reportedly used obscene and abusive language and demanded Rs. 1 lakh for publishing a correction, the police said.
Based on the complaint, police registered a case against the three under sections 294 b (using obscene and abusive language), 384 (extortion) and 506 (i) (criminal intimidation) of Indian Penal Code.
They have been remanded to custody.
Journalists in Coimbatore had already represented the City Police Commissioner about persons claiming themselves as journalists indulging in extortion.
District Collector M. Karunagaran had said that stringent action would be initiated against such persons.
The use of stickers such as PRESS and MEDIA should be used only by those involved in gathering news or in videographing or photographing. Indiscriminate use of these stickers would be severely dealt with.
HC reserves orders on comed-K counselling
http://ibnlive.in.com/news/hc-reserves-orders-on-comedk-counselling/263272-60-115.html
BANGALORE: The High Court on Wednesday reserved its orders on a petition pertaining to re-counselling of postgraduate dental courses of Comed-K (Consortium of Medical, Engineering and Dental Colleges - Karnataka), which challenged an interim order on the re-counselling.
During hearing, counsel for Comed-K stated that seats are still available for these students and that they will be given priority in a second round of counselling, which will be held on May 31.
However, the students rejected the offer and sought re-counselling.
A division bench comprising Chief Justice Vikramjit Sen and Justice B V Nagarathna reserved its judgement on the case.
12 students had filed a petition before the HC alleging the Comed-K of barring them from counselling on grounds that they had not produced demand drafts from nationalised banks and a few failed to produce the original counterfoil.
Status Quo on PG Medical admissions
The HC on Wednesday directed the Consortium of Medical, Engineering and Dental Colleges and Karnataka Religious & Linguistic Minority Professional Colleges Association to maintain status quo on the admission process of post-graduate medical courses until the matter is settled in court.
�Hearing a petition, Justice Ashok B Hinchigeri said that as per Supreme Court’s direction, counselling should be completed on May 31 and if any merit seats remain, they should be transferred to the management quota.
Teachers’ appointment stayed
The HC on Wednesday stayed a government notification on the appointment of 3,407 teachers over a petition alleging irregularities in appointing physically challenged candidates.
The court directed the government to issue the notification again providing reservation to physically challenged candidates receiving special education in BEd.
Ravi case posted for orders
Lokayukta Court on Wednesday posted for orders a case against BJP MLA C T Ravi in which the complainant had challenged the ‘B’ report filed by Lokayukta Police giving him a clean chit to June 8.
HC opens justice doors for jailed tribals
http://www.telegraphindia.com/1120601/jsp/frontpage/story_15556428.jsp#.T8jph5hcib4
SUMAN K. SHRIVASTAVA
Ranchi, May 31: Prisoners of Jharkhand — a majority of them tribals — who are facing charges of waging war against the state may have reason to believe that they are no less equal before the law than the free man.
Jharkhand High Court has constituted a committee headed by Justice D.N. Patel to monitor the trial of persons alleged to be members of banned outfits such as CPI(Maoist) and PLFI and speed up the legal process to deliver justice to them.
It will bring ongoing trial in the lower judiciary in cases slapped under stringent legislation like Prevention of Terrorism Act, Criminal Law Amendment Act, Unlawful Activities Prevention Act and Explosives and Arms Act, besides murder and extortion charges, under the high court’s scanner.
Chief Justice Prakash Tatia formed the panel on May 18, the day the high court closed on account of summer vacation, swinging into action after a report of then Ranchi judicial commissioner A.V. Singh in January painted a grim picture of trial of prisoners in Khunti sub-divisional jail.
Justice Tatia’s action came days before Union rural development minister Jairam Ramesh wrote to chief minister Arjun Munda saying that many innocent tribal people in Maoist-hit areas were being implicated in false cases and put behind bars.
The high court has also asked the lower courts to send detailed reports on the status of trials in such cases by June 6.
The lower courts have been asked to explain the status on the number of cases pending and disposed of in the last quarter, the number of accused chargesheeted and reasons for delay.
Newly appointed court managers who are MBAs will analyse the data, following which the court will take corrective measures.
Singh, who had undertaken a study in response to a petition filed by prisoners, observed in his report that 546 sessions cases involving serious offences in which jail terms can be more than seven years were pending in Khunti sub-divisional court for years.
Along with district officials, he interviewed around 100 undertrials, whose main demand was speedy trial of their cases and to ensure the presence of witnesses in the court.
Ironically, the number of sessions cases pending for trial was only marginally less than petty offences, which were pegged at 591.
This implied that police were booking most of the arrested persons in the tribal-dominated district, including ordinary men, under provisions meant to bring extremists to justice.
Singh’s report also said that summons were not being served as Khunti was in a Naxalite-hit zone.
Khunti has seven police stations while improvised explosive devices are planted across the entire area. As a result, police officers are directed to move in a bunch not less than 20.
“Also, there is paucity of security forces, as only 242 policemen, right from constable to the rank of officer, are posted and most of the time they are engaged in anti-Maoist operations. So, there is difficulty in execution of the summons, warrants and processes of the court leading to delay in the court trial,” the report said.
Ninety per cent of the 320 undertrials lodged in Khunti sub-division jail are said to be tribals, the report said.
Justice Patel, who also heads the committee on using IT in judiciary, said the high court’s main focus was on monitoring old cases.
“After successfully putting in place the online trial system at Madhupur, we are working on connecting the central jails with various courts,” he told The Telegraph.
“The persons facing serious charges are supposed to be lodged in high-security central jails. They can face trial from one jail even if the cases are registered against him in various districts,” he pointed out.
Incidentally, the undertrials facing extremism charges in Ghaghidih Central Jail went on hunger strike on May 28 seeking speedy trial of senior rebel leaders languishing in prisons across the state.
Meanwhile, Ramesh had shot off letters Munda as well as the chief ministers of Odisha and Chhattisgarh on May 23 taking up cudgels on behalf of tribals languishing in jails.
The Union minister, who is keen on expediting development initiatives in Saranda after security forces reclaimed the liberated zone, wrote in his letter to Munda that “a large number of tribals are in jail, for no reason whatsoever, and that, in reality, they should be freed at the earliest”.
HC reserve orders on anticipatory bail plea of H.D. Kumaraswamy
Karnataka High Court on Thursday reserved orders on the anticipatory bail petition filed by former Chief Minister H D Kumaraswamy in a case relating to alleged irregularities in denotification of government land in 2007.
Justice K N Keshavanarayana reserved the verdict after conclusion of final arguments and also extended the interim bail granted to Mr. Kumaraswamy till pronouncement of order on anticipatory bail plea.
Earlier Mr. Kumaraswamy appeared in the Lokayukta court in pursuant with the summons issued to him earlier this month to appear before it on or before May 31 and the matter was adjourned to June 2.
On April 16, the High Court had granted six-week interim bail to him in connection with the case.
The Lokayukta court last month ordered issue of summons to Mr. Kumaraswamy and others in a private complaint filed by Mahadevaswamy alleging violation of rules in ordering denotification of 3.8 acres in Thanisandra which had been acquired for formation of Arkavathy layout.
HC suspends CBI court judge
HYDERABAD: The Andhra Pradesh High Court on Thursday night placed T Pattabhirama Rao, the first additional special judge for CBI cases under suspension after duly considering some secret information it received against the judge.
It was felt necessary to keep him under suspension in public interest with immediate effect, the HC registrar general said in an order that was released.
Pattabhirama Rao was appointed CBI court judge a few weeks ago. He had dealt with only a few cases.
While he rejected bail to IAS officer Y Srilakshmi, an accused in the illegal mining scam, he granted the relief to Gali Janardhan Reddy, the key accused in the case.
The HC, however, stayed his decision later following an appeal by the CBI.
While suspending Pattabhi, the HC which launched disciplinary proceedings against him under Rule 8(1) of the AP civil services (CC&A) Rules, 1991, ordered him not to leave Hyderabad without obtaining prior permission from it.
A Pullaiah, the principal special judge of the CBI court, was given the full additional charge of the court.
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