M’rashtra gets notice on farmers’ suicides
http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html
Mumbai, Oct 3, 2012, DHNS:
565 cultivators took their lives since January 2012
The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.
Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.
Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”
Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.
The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.
According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.
“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.
“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.
Roy Mathew
Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.
Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.
Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.
It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.
Advocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases
Posted On Thursday, October 04, 2012 at 02:04:36 AM
A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.
Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law - even in Qasab’s case.
Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?
Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.
Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.
Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.
Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.
The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.
Given that the death penalty exists in India, doesn’t Qasab deserve it?
An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?
How else can Qasab be punished, given the enormity of his crime?
Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.
Do you feel Qasab deserves mercy?
I think all of us - the best and the worst - are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.
As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.
Our Bureau
New Delhi, Oct. 3:
Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.
Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.
One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.
Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.
The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.
thomas.thomas@thehindu.co.in
Centre plans one tribunal for all inter-state water disputes
http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/
Press Trust of India / New Delhi October 03, 2012, 20:05
Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.
The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.
“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.
He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.
Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.
He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”
Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.
The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.
The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.
After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur.
However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
“We, therefore, set aside the impugned order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.
Rs 30.58 Lakh for accident victims’ family
http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx
PTI
New Delhi, October 03, 2012
The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the
vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.
“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.
According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.
He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.
Oct 04, 2012 |
The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.
Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09
AJIT PATOWARY
GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.
The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.
North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.
“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.
On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.
On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”
The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.
Special Correspondent
Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.
The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.
After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.
Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.
Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.
Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.
“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.
“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.
Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.
Sharan appointed NCW Member Secretary
http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/
Press Trust of India / New Delhi October 03, 2012, 15:05
Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).
Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.
The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre
Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.
He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.
The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.
Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..
TNN | Oct 4, 2012, 02.10AM IST
HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.
The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.
The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.
He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.
Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.
The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.
Legal Correspondent
Honororium for him and Gaurav Agrawal will go to kin of slain policemen
The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.
A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.
(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)
After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”
It’s Judicial Academy
The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.
The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”
PTI Oct 3, 2012, 07.20PM IST
NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.
Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.
“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.
A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.
Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”
The petitioners sought removal of 13 minutes video clip/trailer from You Tube.
Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.
According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.
Spy funds used in PIL against army chief?
http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx
Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012
New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh
A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical
Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.
The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.
Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.
Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.
Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”
During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.
The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.
The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.
Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.
Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.
The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.
TNN | Oct 4, 2012, 07.46AM IST
ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.
President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.
On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.
He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.
Tiger numbers have risen, insists Centre
http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html
New Delhi, Oct 3, 2012, DHNS:
The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.
Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.
Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.
He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.
Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.
During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.
This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.
“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.
“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.
However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.
KNPP Stir: TN Govt Rejects Charges of Police Excesses
http://news.outlookindia.com/items.aspx?artid=777157
Madurai | Oct 03, 2012
Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.
It also denied having blocked essential commodities reaching the anti-nuclear protestors.
Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.
They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.
He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.
The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.
Pressing for a judicial probe, he alleged police had trespassed into houses and a church.
The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.
He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.
Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.
The judges after hearing counsels, posted the case for hearing tomorrow.
Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs
A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.
Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.
TNN | Oct 4, 2012, 02.24AM IST
KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.
The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.
In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.
Oshiwara residents move court to save open space
http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.
The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.
The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.
They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best price.
In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.
In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.
The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.
However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.
Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.
NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)
The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.
The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.
The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.
Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.
Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.
The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.
“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.
The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”
The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”
The case will now be taken up on 9 October.
DNA | Oct 04, 2012, 04:09AM IST
Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight.
Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola.
During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers.
However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days.
Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday.
Dhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST
NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.
A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.
“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.
The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.
The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.
Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.
The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.
In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.
In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”
The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.
The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.
It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”
Failure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime
Vidya Krishnan
First Published: Wed, Oct 03 2012. 11 16 PM IST
Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint
New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.
Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.
The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.
The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.
Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.
“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.
According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.
“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).
Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.
“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.
“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.
The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.
TNN | Oct 4, 2012, 02.05AM IST
AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.
Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.
The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.
It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.
The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.
“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.
Supreme Court verdict on CAG mandate: A step in the right direction
http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html
MG Warrier | 03/10/2012 12:15 PM |
The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements
The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.
On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.
For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team. By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.
The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.
The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.
The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.
The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.
A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.
As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.
The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.
Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.
Mumbai Mirror Bureau
Posted On Thursday, October 04, 2012 at 02:04:36 AM
In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.
A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.
Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.
Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.
To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.
He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.
Santosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST
NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.
Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.
Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.
He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.
Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.
Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.
While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.
During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.
October 4, 2012
Trichy
A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.
According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.
The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.
In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.
Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.
When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.
Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.
The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.
NDTV | Updated On: October 04, 2012 10:53 (IST)
The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.
Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.
Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.
The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.
Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.
In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.
The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.
“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.
The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.
Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.
When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.
The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.
When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.
In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.
Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.
Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA. The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.
Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”
The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.
In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”
If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.
Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.
With inputs from agencies
TNN | Oct 4, 2012, 02.01AM IST
NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.
The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.
The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.
Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.
Cash for bail: Former CIA inspector shifted out of Panchkula
http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx
HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012
Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.
Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.
As per the FIR, on the day of arrest, 9kg opium milk (which can be converted into 36kg opium) was also recovered from the rented accommodation of accused in Sector 15 on the disclosure of the accused.
Rai submitted that Parveen claimed having procured the bail order by spending Rs. 37 lakh and was now alluring other persons to pay money to get relief from various courts with the help of police officials, who would give false information to the court.
On May 23, the court of additional district and sessions judge Sanjay Sandhir had dismissed the bail application of Praveen on the ground that huge quantity of opium was recovered; he was stated to procure opium milk from Madhya Pradesh to churn it into opium and another case for drug peddling was also registered against him in Panchkula.
But in the high court on July 27, the court was informed that the challan was not filed even though it was filed in the lower court. It was not contested that the quantity of opium was commercial and there was no other conviction of the accused. ASI Surjeet Singh, then posted with CIA, and head constable Yog Bhyan were present in the court. They have also been shifted out of Panchkula to Sunaria.
“The DGP has ordered the transfers,” said DCP Parul Jain. On the pending arrest of drug peddler Parveen, she said the police were making every effort to nab him.
Meanwhile, the CBI is yet to start investigations in the case.
Case history
January 26: Parveen Kumar and accomplices Harvinder Singh and Jora Singh arrested with 4kg opium
January 26: Nine-kg opium milk recovered from the Sector-15 rented accommodation of accused
May 23: Additional district and sessions judge Sanjay Sandhir rejects Praveen Kumar’s bail application
July 27: High court informed challan not filed, paving way for bail for Parveen Kumar
September 18: High Court cancels Parveen Kumar’s bail, accused missing
S Ahmed Ali, TNN | Oct 4, 2012, 06.29AM IST
MUMBAI: The murders of starlet Laila Khan and five of her family members were planned at least three months in advance, says the chargesheet.
The crime branch on Wednesday filed the 984-page chargesheet in the sessions court, stating that prime accused Parvez Tak killed the six family members with the help of his wanted aide, Shakir Hussain. Tak is the third husband of the starlet’s mother, Saleena.
A junior engineer, a surveyor of the Igatpuri Nagarpalika, a JCB owner, a butcher and two car drivers are among the nine witnesses who have testified against Tak.
In his statement, Tak said he got a pit dug up at Laila’s Igatpuri farmhouse in December 2010 and waited for a few months for her family members to gather there. The six victims were eventually killed in February 2011, days after they went missing from Mumbai. The police have added the statement of Gufran Choudhary, the JCB owner, to the chargesheet to support the theory that the murders were planned and not committed in a fit of rage. Choudhary said Tak hired his JCB in December 2010 and paid him Rs 2,800 to dig the pit. Incidentally, three days after the crime branch recovered the six skeletons from the farmhouse on July 10 this year, TOI had reported how police officials suspected that it was a well-planned murder.
The police are awaiting the DNA reports of the six bodies recovered from the pit. Two knives, an iron rod, two spades, the torn clothes of the deceased, the post-mortem reports and some gold ornaments—including four rings—have been annexed to the chargesheet.
Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony, said investigating officer Deepak Patangre. He added that they will add the DNA reports once they get them from the FSL.
Junior engineer Yashwant Tathe, water surveyor Mohan Shirshat and butcher Shamsher Khan told the police that they hadseen Tak and Saleena hours before the murders on February 8. Tak had taken Saleena to the nagarpalika office to file an application for a water connection. On the same day, the duo went to the butcher to buy 3kg of mutton.
“Tak felt that Saleena lived an ‘un-Islamic’ life and also suspected her to be indulging in adultery. When Tak learned about Laila and her family’s plans to migrate to Dubai and give the powerof-attorney of her properties to Saleena’s second husband, Asif Shaikh, he felt frustrated and humiliated. He then decided to put an end to the chapter,” said Himanshu Roy, JCP (crime ).
The police suspect that Hussain is in Doda.
Starlet case chargesheet
Who is Laila Khan?
Laila, whose original name was Reshma Patel, was born to Saleena and Nadir Patel in Malad. She is best known for her role opposite Rajesh Khanna in Wafa: A Deadly Love Story
The disappearance
Laila, her mother Saleena, siblings Azmina, Imran & Zara, and another relative, Reshma Khan, went missing from Mumbai in February 2011, after which her father filed a missing complaint with the Oshiwara police
The recovery of two MUVs belonging to the starlet—a Mahindra Scorpio and a Mitsubishi Outlander—from Jammu & Kashmir this year triggered speculation that she could be in that state
Another theory that did the rounds said she was in Dubai with her ‘husband’, Sonu
Tak and the revelations
Parvez Iqbal Tak (inset), a road contractor from Kishtwar in J&K and the third husband of Laila’s mother, emerged as the prime suspect in the case after the seizure of the two MUVs
Tak told interrogators that he killed Laila and her five family members at her farmhouse (pic above) in Igatpuri on February 8
Shakir Hussain, an accompliceof Tak’s, was also involved in the murders. He was made caretaker of the farmhouse in December 2010
Tak and Hussain go to the family’s Oshiwara flat to fetch Laila’s six pet cats. They also remove photographs from an album before returning to Igatpuri. They then hire two drivers, Mahboob Shaikh and Johny Girdar, and leave for Kishtwar in Laila’s Scorpio and Outlander
What led to the killings?
The police said Tak felt Saleena lived an “un-Islamlic” life and suspected her to be indulging in adultery When he learned about the family’s plans to migrate to Dubai and give the power-of-attorney of her properties to Saleena’s second husband, Asif Shaikh, Tak plotted the murders
The evidence and witnesses
The Scorpio and the Outlander, which have been brought back to Mumbai Two knives, an iron rod, two spades, the torn clothes of the deceased, mobile records, post-mortem reports and some gold ornaments Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony
http://www.indianexpress.com/news/ias-officer-granted-bail-in-molestation-case/1011463/0
Agencies : Lucknow, Wed Oct 03 2012, 21:08 hrs
A senior IAS officer in the Uttar Pradesh government, who was arrested on charges of attempt to rape and molesting a Delhi-based woman in a train, was today granted interim bail by a local court here.
Sessions judge K K Sharma granted interim bail to IAS officer Shashi Bhushan Sushil up to October 6 on an application moved on his behalf, court sources said here.
Sushil, Special Secretary in the Technical Education Department, was arrested on Monday and a case under IPC section 354 (assault or criminal force to woman with intent to outrage her modesty) was lodged against him following a complaint by the woman, a senior IT executive, Government Railway Police (GRP) officials said.
The 2001-batch officer was also booked under IPC sections 376 (rape), 511 (attempt to commit offence) and 506 (criminal intimidation) under which he can be imprisoned for life.
According to the FIR lodged by the mother of the woman travelling with her, the officer, who boarded the second AC coach from Ghaziabad, indulged in obscene acts and the conductor and train escorts were duly informed.
The FIR was lodged with the GRP by the woman.
Bhushan was detained after the train reached Charbhagh railway station and police interrogated him for four hours before arresting him.
Refuting the molestation charge, the officer claimed that he had got into a verbal duel with the woman after she made a casteist remark against him.
The officer was later suspended by the Uttar Pradesh government.
The government has also removed inspector GRP Anil Rai who allegedly tried to delay the matter and impose less stringent sections in the FIR though the home department refuted the charges.
Sushil was later produced before a local Railway court which remanded him in judicial custody for 14 days.
Chief Minister Akhilesh Yadav had said no one would be spared and strict action would be taken against those showing disrespect to women.
Delhi Police officer ‘forges’ court record, let off
http://www.deccanherald.com/content/282920/delhi-police-officer-forges-court.html
New Delhi:Oct 4, 2012 PTI
A sessions court has discharged a Delhi Police inspector in a complaint initiated by a magisterial court for allegedly forging the court record of a case.
Additional Sessions Judge Narinder Kumar discharged H S Chauhan, an inspector in Delhi Police, who was summoned as accused along with ASI Puran Chand by court of additional chief metropolitan magistrate on a complaint made by the chief metropolitan magistrate for allegedly forging court record in a 2006 case under the Prize Chit Money Circulation (Banning) Act.
“The impugned order dated May 19 vide which the accused – petitioner (Chauhan) has been summoned as an accused is without basis and suffers from illegality and the same deserves to be set aside qua the petitioner. The petitioner is discharged,” the ASJ said.
The ASJ added that the CMM did not conduct any inquiry before filing the complaint against Chauhan.
The complaint accused Chauhan and Chand of fraudulently entering forensic (FSL) report in the court record of a case after a delay of three years only when the issue came before the CMM.
Chauhan had moved the court of ASJ against the ACMM’s order. On January 1, 2006, an FIR was registered with Prasad Nagar police station under the Prize Chits Act on the complaint of a widow named Durga Devi, who had invested in a committee.
The accused Luid Fernandez and Josphin Fernandez run the committee which did not pay any returns to the woman on maturity of the investment. A chargesheet in the matter was filed on April 13, 2006 before the then concerned area magistrate.
A supplementary charge-sheet was filed on July 11, 2006 mentioning that the FSL report on specimen handwriting of the accused will be filed as and when received.
Official let off in graft case
DRI officer, facing trial for allegedly taking bribe from a businessman for bailing him out of an excise evasion case, has been discharged by a Delhi court for want of proper sanction for his prosecution, reported PTI from Delhi.
Special Central Bureau of Investigation Judge Kanwaljeet Arora discharged Directorate of Revenue Intelligence (DRI) Y S Verma saying the sanction to prosecute him was bad in the eyes of law as it was given by an officer, junior to the one competent to grant it.
It is admitted position that accused at the relevant point of time was working as senior intelligence officer with DRI, which is a Group ‘B’ post.
Having been appointed to the post of Group ‘B’ cadre, by orders of DRI director general, a right has accrued in favour of the accused by virtue of Article 311(1) of the Constitution that he cannot be removed from his office by an officer subordinate to the rank of director general,” the court said.
Additional director general who had passed the sanction order on December 29, 2006 was subordinate to director general, therefore, she could not have passed the sanction order. The said sanction therefore is bad in the eyes of law,” the court said, discharging Verma.
The corruption case against Verma was lodged by the CBI on complaint of Delhi-based exporter A K Aggarwal, who had alleged that Verma had lodged a false excise duty evasion case against him and had raided his house in September 2005.
He said Verma subsequently had demanded a bribe of Rs 50 lakh from him to bail him out of the case.
On Aggarwal’s complaint, the CBI laid a trap and allegedly caught Verma red-handed while accepting Rs 5 lakh as the first instalment of the bribe from Aggarwal at the South Delhi house of another co-accused Mahender Kumar.
In his complaint to the CBI, Aggarwal had also said Verma and his senior had asked him for Rs 50 lakh bribe and had threatened that if failed to pay the sum, his son would face untoward consequences.
The judge, however, granted liberty to the agency to file fresh charge sheet against Verma with proper sanction to prosecute him.
http://www.indianexpress.com/news/court-sends-youth-to-10-yrs-in-jail-pulls-up-police/1011453/0
Agencies : New Delhi, Wed Oct 03 2012, 20:55 hrs
A youth who raped a minor girl last year in a factory here has been sentenced to 10 years in jail by a Delhi court which also directed the city government to pay a compensation of Rs one lakh to the victim.
The court expressed anguish and displeasure that the two factory workers who saw the accused, instead of “objecting to the conduct”, ran away from the premises leaving the 14-year-old victim at his mercy and the Delhi police also did not prefer to inquire about their “indifferent approach”.
“Of late crime against women generally and rape in particular is on the increase and ironically society appears to be unconcerned, showing little or no concern for honour of women. It is this kind of a public apathy and indifference which is grossly criminal,” Additional Sessions Judge (ASJ) Kamini Lau said.
The court said it was “shocking” that the two factory workers ran away from the spot and informed their owner about the incident much later to evade their culpability.
“Public alertness with a suitable timely response can go a long way to save the life and honour of young girls which unfortunately did not happen in the present case,” the judge said.
The court also imposed a fine of Rs 52,000 on convict Aditya, 20, a resident of Pitampura Village in North-West Delhi, saying that on recovery of the amount, it shall be given to the victim.
The judge said the amount of compensation will be used for rehabilitation of the victim and directed the Delhi government to take steps to ensure that she is admitted in some school to continue her studies.
According to the police, Aditya caught hold of the girl when she was returning from her school and forcibly took her inside an adjoining plastic factory.
The accused threatened the two workers, who were present in the factory, and asked them to leave. He took the girl to a room in the factory and when she tried to raise an alarm, he threatened to electrocute her after which he raped her and ran away, police said.
The two workers, later on, called their employer and informed him about the incident.After reaching home, the girl informed her family about the incident and a case was lodged against the accused.
The court also pulled up the police for not inquiring the reason from the two workers as to why they did not raise an alarm when they saw the accused bringing the girl in school uniform into the factory.
It rejected Aditya’s plea for leniency saying that he had committed the offence without any fear of law in the factory after threatening the two workers working there and compelling them to leave.
Oct 4, 2012, 05.51AM IST
If ever there was a case of justice delayed being justice denied, this is it. The fact that the court had ordered the actor to pay compensation even before framing of charges and he had done so immediately, makes it clear how urgent the need for compensation was judged to be.
Yet, the victims have not received the compensation even a decade later. Exactly who is to blame for this situation appears to be unclear as of now, but responsibility must be fixed and action taken. Also, the victims must now be paid—even if it rather late—not just the amount originally ordered, but interest for 10 years on it.
Oct 4, 2012, 12.00AM IST
TIMES VIEW
Will safeguard against misuse
The Law Commission of India’s recommendation that the anti-dowry law be suitably amended to dilute the provision of immediate arrest of the accused is sensible. The suggestion comes in light of the fact that an increasing number of dowry complaints have been found to be false. That Section 498A of the Indian Penal Code — dealing with physical and mental cruelty by husbands and their relatives over dowry — empowers the complainant to have the accused arrested even before a proper investigation into the case only incentivises misuse of the law. Not only does this amount to gross injustice but also significantly damages to the anti-dowry movement.
It`s arguable that tough anti-dowry legislations are a product of the 1980s, where they arose out of a specific context: a seemingly uncontrollable spate of dowry deaths in the country. However, the socio-economic conditions of women today have significantly changed. This empowerment is precisely why the anti-dowry law needs to be suitably updated. Besides, the provision of immediate arrest flies in the face of Indian jurisprudence that treats every accused as innocent until proven guilty. Subverting this principle has done more harm than good.
In this respect, the law panel`s proposal to introduce a 30-day reconciliation period before the police arrest an accused under the anti-dowry law makes eminent sense. To prevent misuse, the law should also be amended to allow for arrests only after a proper investigation, not before. The Supreme Court has already des-cribed false dowry cases as legal terrorism. Using the anti-dowry law as a tool for extortion is tantamount to human rights violation. Hence, in the interest of justice, diluting draconian provisions of the anti-dowry law without taking away the essence of the legislation is a step in the right direction.
COUNTERVIEW
A change for the worse
Anil Thakkar
The expert panel’s recommendation on amending and toning down the anti-dowry law is a classic example of missing the wood for the trees. As matters stand, is the anti-dowry law misused on occasion? Yes, it is — just like every other law. That is the nature of the beast; there will always be people who find and exploit loopholes in any system of rules. This is particularly true in India where the judicial system is hopelessly clogged and the police prone to corruption. These things will not change if the law is watered down. All that will happen is that the fight against dowry — a far more insidious and widespread evil than misuse of the anti-dowry law — will be compromised.
A simple look at the statistics will show how far we still have to go in stamping out the system of dowry and the subjugation of — and violence against — women it engenders. According to the National Crime Records Bureau, 6,995 dowry deaths were reported in 2000 — which climbed to 8,093 in 2007 and 8,391 in 2010. And that is just the reported cases; it is a safe assumption that the actual number of dowry deaths is significantly higher. This more than half-a-century after dowry was made illegal. What possible sense does it make to defang the anti-dowry law at a time when dowry deaths are actually on the rise?
On the face of it, certainly, the amended changes seem sensible. But given how rigidly patriarchal much of Indian society is — particularly in rural areas where the dowry system is even harder to uproot — all they will do is leave the perpetrators at large and give them enough time to pressure or coerce the woman and her family into withdrawing their complaint. And that would be a far greater injustice than anything that is currently done under the aegis of the anti-dowry law.
Victims of accident by Salman Khan’s vehicle not compensated
http://www.hindustantimes.com/India-news/Mumbai/Victims-of-accident-by-Salman-Khan-s-vehicle-not-compensated/Article1-939564.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
A decade after actor Salman Khan killed a pavement dweller and injured four others in a highly-publicised car accident in Bandra, the victims are yet to receive the compensation amount due to them from him, according to a public interest litigation (PIL) filed by a senior journalist before the Bombay high court.
A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.
Wagle had filed the PIL soon after the accident.
While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.
Wagle’s lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.
The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.
On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.
He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate’s court.
Express news service : Chandigarh, Thu Oct 04 2012, 02:01 hrs
HC says killers of Abhi Verma to hang, puts execution on hold till October 12
There is nothing legally invalid in awarding death sentence to those held guilty of kidnapping for ransom. Statin this, the Punjab and Haryana High Court on Wednesday upheld the hanging of two youths who had abducted and later killed Abhi Verma, a 16-year-old boy from Hoshiarpur for ransom.
However, giving them time to challenge the order in the Supreme Court, the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused, Vikram Singh Walia and Jasvir Singh, were to be hanged at 9 am on October 5 in Central Jail, Patiala.
The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.
Holding their challenge as “ill founded, deceptive and misleading”, a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.
“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads
Making it clear that death sentence cannot be abolished from Section 364-A of IPC, the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the `retrospectivity’ of the provision is totally deceptive and misleading”.
The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.
They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person, company or association, or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.
They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages, 1979 (`Hostages Convention’), adopted by the United Nations General Assembly on June 3, 1983 “. The said contention found no favour with the court.
Earlier, Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants, for even if the challenge to death sentence under Section 364-A succeeds, the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.
The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds, the same will “not change their fate”.
Former SIMI Functionary Booked Under MCOCA
http://news.outlookindia.com/items.aspx?artid=777190
Thane | Oct 03, 2012
The Thane police on Wednesday booked former Students’ Islamic Movement of India (SIMI) functionary Saquib Nachan and four others under the Maharashtra Control of Organised Crime Act (MCOCA).
The Bhiwandi crime branch produced Nachan and four others in the MCOCA court on Wednesday.
Saquib Nachan and his son Ismail and nephew Aquib are facing charges for the murderous assault on Vishwa Hindu Parishad (VHP) leader from Bhiwandi, Manoj Raicha. Two others Guddu Khan and Tanvir Abdul Zabdir were also arrested in this case.
SIMI activist Saqib Nachan, an accused in Mulund bomb blast of 2003, was arrested by police for allegedly firing at an advocate in Bhiwandi on August 3, this year.
It was around 11.45pm, advocate Manoj Ratilal Raicha (48) was on his way home in his car along with bodyguards, when he was shot at and injured.
In his complaint, the lawyer, who is a Bajrang Dal office bearer, named Saqib Nachan as the suspect or his associate as the person who fired at him with an intention to kill him.
The Nizampura police later registered a case under Sections 307, 120(b) of the Indian Penal Code and also under Sections 3, 25 and 27 of the Arms Act against the accused.
FILED ON: Oct 03, 2012 23:40 IST
Even before the crowd from the previous protest had returned home, a new mob had gathered on the streets. It had been gaining strength throughout the day as hundreds arrived loaded in trucks and buses, and more people from the outside kept pouring in. Over the next couple of hours, the crowd swelled in numbers and a few local leaders gradually took their position at the helm — soon, they were whipping up outrage against some vaguely defined but provocatively conveyed threat to their religion, their Prophet or their holy book. Timing was the key, so one waited cautiously for the crowd to be sufficiently riled and then, just when the passions peaked, it was let loose like a pack of blood thirsty wolves. What followed was hours, even days, of looting, raiding, pillaging, plundering and killing. Until finally, the security forces showed up and brought the situation somewhat under control.
This is a fairly accurate description of the events as they unfolded in the little Upazila of Ramu, located in the coastal Cox’s Bazar district in Bangladesh’s southern division of Chittagong on September 29 and 30, when Islamists went on the rampage in the area and attacked Buddhist temples and homes, after they discovered a picture of a burnt Quran on Facebook that was alleged ‘tagged’ to a local Buddhist boy.
According to the latest reports available, at least 12 temples were desecrated and nearly 50 Buddhist homes systematically destroyed. But the moot point here lies not in the details of this heinous incident that has deeply scarred Bangladesh’s socio-religious fabric but in the fact that the description applies to almost any ‘Muslim protest’ that has erupted in recent times in response to a supposed act of religious outrage.
Indeed, instead of Ramu Upazila, the narrative can just as easily be placed in Masuri village in Uttar Pradesh here in India, where a similar crowd went berserk and brutally attacked the local police station after someone found pages torn out of the Quran by the railway tracks last month. The narrative also fits well in many other places — from Mumbai’s Azad Maidan where a crowd protesting atrocities against Muslims in Burma and elsewhere went on a rampage to the US Embassy compound in Benghazi where an armed mob protesting a shoddily-made, obscure anti-Islamic film killed the American Ambassador to Libya.
Look closely and a clear pattern of pre-meditated violence that emerges through each of these cases is unmistakable. The cause of the violence and the outrage here is inconsequential. It can be anything — a book that nobody has heard of, a movie that nobody has seen because it was never publicly released, a photograph that is quite possibly doctored, a quote that remains unattributed, a conspiracy theory or even a cartoon. It doesn’t matter. What matters is how, and of course with what result, that singular instance of outrage (real or imagined) is perverted so as to make it look like it is a universal insult to Islam and its 1.7 billion followers around the world.
First, the Islamists go all out to introduce that supposed object of religious insult — almost always an obscure one — to their local audience. Then, they systemically manufacture outrage against that same object. The campaign is almost always framed within the narrative of a victim-community; a community that has been and continues to be wronged by the world. Ridiculous as it may sound, the idea of being at the receiving end of a global conspiracy is particularly tempting and as we know from past experience, hugely effective. Finally, what serves as an icing on the cake is the fact that Islamists, almost everywhere in the world, are an especially well-organised group. This automatically allows them mobilise large sections of the population and mount an effective campaign.
In other words, the bottomline here is that the protests may be hinged around an Islamic (or more specifically, anti-Islamic) subject, but in reality they have little to do with religion. Instead, the issue is of politics and power-play. Religion is merely an excuse used by the Islamists to whip up passion and mobilise social groups so that they can ultimately implement the latter’s agenda. Indeed, this is an argument that even Muslims political observers themselves have made. For instance, Mr Husain Haqqani, Pakistan’s former Ambassador to the US, in his recently published article on ‘Muslim rage’ minces no words when he says, “The phenomenon of outrage over insults to Islam and its final Prophet is a function of modern-era politics. It started during Western colonial rule, with Muslim politicians seeking issues to mobilize their constituents… and Islamists emerged to claim that Islam is not merely a religion but also a political ideology.”
Indeed, Mr Haqqani traces back an early prototype of this kind of mass mobilisation within the Muslim world to a book published in British India back in 1927. Titled Rangeela Rasool (Playboy Prophet), it was a “salacious version of Muhammad’s life”, says Mr Haqqani, but “hardly a bestseller”. In fact, much the like anti-Islamic film that today is all the rage, so to say, this book too went largely unnoticed until two years after its publication when some Muslim politicians raised a hue and cry over it. The British Government of the day even arrested and tried the publisher but he was acquitted — only to be later stabbed to death by one Ilmuddin, an illiterate carpenter known only by his first name, in Lahore. Ilmuddin soon became a local hero of sorts. Islamist groups nicknamed him Ghazi (warrior) and he was defended in court by a man no less than Mohamed Ali Jinnnah (although on purely technical grounds, as Mr Haqqani points out in his essay). The book continued to be a polarising point between the Hindus and Muslims of undivided India and exacted its price in blood during Partition as well.
It is interesting to note that it was after this case of Ilmuddin that the British amended the Indian Penal Code to include punishment for blasphemy and incitement of religious hatred. It is equally ironical that a little less than a century later, another young man would once again share Ilmuddin’s fate and how! In January 2011, Mumtaz Qadri would also be celebrated as a national hero for killing Salman Taseer, the powerful Pakistani Governor of Punjab would had dared to opposed his country’s draconian blasphemy laws.
The lessons to be learnt from the past and the present are clear. These protests, wherever they may erupt, are not just a product of politics disguised as religion, but that they must be exposed as such.
The moment the state begins to legitimise such violence as being a genuine case of religious grievance; it loses the plot and half the battle. The Bangladeshi Government realises this, which is why the whole deal about the Facebook picture was underplayed. The Pakistani Government on the other hand doesn’t get it at all and so, it had the Ishq-e-Rasool day, during which several persons where killed. India must learn its lessons from all this and stop pampering hardliners.
Civil society urges govt to remove accused under the PNDT Act from committee
http://www.tehelka.com/story_main54.asp?filename=Ws031012PNDT.asp
Dr Harsh Mahajan is an accused in a case filed by Mitu Khurana who was forced to undergo sex determination test
Shonali Ghosal
New Delhi
Eighteen years after the Pre-conception and Pre-natal Diagnostic Techniques Act (PC & PNDT Act) was passed for the “regulation and prevention of misuse of diagnostic techniques,” the government’s intention on curbing sex determination remains unclear.
Dr Harsh Mahajan, an accused under the PC & PNDT Act and president of the Indian Radiological and Imaging Association (IRIA), had been appointed as a member of a committee, which is set to examine and possibly amend the format of Form F (the mandatory form to be filled and recorded by all sonography centres when conducting an ultrasound sonography).
“They might have gone by his post as president of the IRIA. But the government should’ve checked his track record,” says Rizwan Parwez, a member of the National Inspection and Monitoring Committee (NIMC) and the Centre for Advocacy and Research. The court has taken cognizance of Mahajan as an accused (among others) after Mitu Khurana filed a case against her husband and in-laws for allegedly forcing her to undergo a sex determination test in 2005. She further states that they put pressure on her to undergo an abortion on learning that she was carrying twin girls. “This is a violation of the Act. The government never supported me in my case and now there’s this to add insult to injury,” says Mitu, who was told by a PC & PNDT official to stop wasting her life and give her husband a son if he wanted one.
“Even though Mahajan is not the doctor who performed the sex determination test, he is an accused because he holds approximately 80 per cent of the shares in Mahajan Imaging Centre where the test was conducted and is also a board member of the centre,” Mitu clarifies. The PC & PNDT law clearly states: “No person who, in the opinion of the Central Government or the State Government, as the case may be, has been associated with the use or promotion of pre-natal diagnostic technique for determination of sex shall be appointed as a member of the Advisory Committee.” “It’s like inviting a murderer undergoing trial to amend a law on Section 302 of the Indian Penal Code,” adds Parwez.
But all is not lost. In a meeting of the committee held last week (28 September), activists protested Mahajan’s presence and asked him to leave. Donna Fernandes, the head of Vimochana (an NGO on women’s rights) and a member of the same committee was present at the meeting. She recounts that it was Kiran Moghe, the Maharashtra president of the All India Democratic Women’s Organisation who raised the issue. “He (Mahajan) made some weak noise about being innocent and that he had a lot of suggestions, but other members said that he may be innocent, but, if he has a case in court, it isn’t right that he should be attending this meeting,” she says. Finally, Sandeep Kumar Nayak, Joint Secretary, Women & Child Development (who was also chairing the meeting) told him that he had said something else at registration and asked Mahajan to leave. “The government should’ve sent a strong message that you can’t be part of such an important committee before the civil society brought it up,” says Parwez.
Mahajan had to leave that meeting but whether any action has been taken to permanently remove him from the committee is not known. Incidentally, he is also a member of another similar committee, which has to examine, and perhaps, amend the provisions of the Act itself. “People like him aren’t worried about implementation, they’re just concerned with making money,” says health activist Dr Sabu Geore, who is a member of the other committee. Both Anuradha Vemuri, director of the PNDT Division, and Dr Harsh Mahajan remained unavailable for comment.
Shonali Ghosal is a Correspondent with Tehelka.
shonali@tehelka.com
Another plaint against Bangalore Urban DC
http://www.deccanherald.com/content/282872/another-plaint-against-bangalore-urban.html
Bangalore:Oct 4, 2012 DH News Service
A new private complaint was filed in the Special Lokayukta Court on Wednesday against Bangalore Urban Deputy Commissioner M K Aiyappa and others. Judge N K Sudhindra Rao has posted the case to October 17 for orders.
The case filed by Markandeya, a software engineer, pertains to land acquired in Nagarbhavi village in Vijayanagar for the development of the Vinayaka Housing Board Co-operative Society in 1985.
The complainant stated that the land had been handed over to the Society and all formalities including obtaining work order and khatas from the Bangalore Development Authority were completed.
From 1986, sites were registered in favour of the members. In 1996, the BDA also issued khatas and started collecting property tax.
Later, the land came under Pattanagere City Municipal Council and was transferred to BBMP, who issued khatas.
The complaint alleges that one Gali Hanumamma filed a case against Malliappa, the original landowner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act with the Assistant Commissioner (AC) who ordered the restoration of the property.
Order challenged
The Society members challenged the order before the then Deputy Commissioner Ramegowda who allowed the appeal, after seeking a spot inspection from the Assistant Commissioner.
Permission from DC
Gali Hanumamma then sold one acre of land to one Mirle Varadaraj for Rs three crore, after obtaining permission from the DC. She later filed an application seeking conversion of two acres of land for residential purpose, including the one acre she had sold.
The complainant who had purchased the land from the Society filed objections before the Deputy Commissioner.
The complainant stated that the DC told him that the land would be taken over and handed back. The complaint has been lodged for commission of offences under Prevention of Corruption Act and Indian Penal Code.
The complaint also names Assistant Commissioner Kantharaju, Tahsildar Suma, Village Accountant Manjunath, Gali Hanumma, her daughter Huchamma, Mirle Varadaraju and others.
Last Updated: Wednesday, October 03, 2012, 22:07
Bangalore: Karnataka High Court Wednesday stayed further proceedings before a local court against a former disciple of self-proclaimed controversial godman Nityananda and two others in a criminal case filed against them by an actress
Justice H N Nagamohan Das stayed further proceedings in the case before the court at Ramanagara on a criminal petition filed by Ranjitha, seeking quashing of the case.
In June, the court had issued a non-bailable warrant to Lenin Karuppan and third summons to co-accused Aarti Rao and advocate Sridhar in the case filed by the actress.
Ranjitha had filed a private complaint on Dec 30 2010 at Ramnagara
Magistrate Court in Bangalore against the three, charging them with
criminal intimidation, criminal conspiracy and outraging her modesty in
connection with attempting to link her through a morphed video with
Nithyananda.
The Magistrate took cognizance and issued summons to all three on June 4 2011.
Lenin failed to appear before the court, following which a NBW was issued against him, while the other two were issued a second summons on August 2 2011.
Arathi Rao is a resident of Detroit, USA.
PTI
TNN | Oct 4, 2012, 02.20AM IST
JAIPUR: The state government assured the Rajasthan high court on Wednesday that it would comply with the recent Supreme Court judgment on appointing at least minimum number of information commissioners (ICs) required under the right to information (RTI) Act within the next three weeks.
At present, the Rajasthan Information Commission (RIC) has just a chief information commissioner but not a single IC. The Act underlines a minimum two and maximum 10 ICs in a state.
In its September 13 ruling, the apex court made it mandatory that appeals under the RTI Act can be heard at the state information commissions only by benches comprising at least two ICs.
The judgment has resulted in the work at information commissions coming to a standstill in several states, including Rajasthan where around 8000 appeals under the RTI are already pending.
The government assurance came on a reply to high court’s query on a public interest litigation (PIL) on the subject pending since last year.
A division bench headed by chief justice Arun Kumar Mishra had directed the state government on Monday to apprise the court of the steps it had taken to comply with the SC verdict.
Additional advocate general Sushil Kumar Sharma told the division bench that the government was all set to appoint the ICs and the process would be completed within the next three weeks.
Under the RTI Act, the chief information commissioner and the ICs are appointed by a committee comprising the chief minister, the leader of opposition and a cabinet minister.
While the PIL filed by advocate Prakash Shukla has been pending in court since September 2011, Aruna Roy, of the leading forces behind the RTI movement in the country, recently moved an application before the state administrative reforms department to know what steps had so far been initiated to appoint the ICs. The government department, however, failed to answer Roy’s query.
A data entry operator managed to take the police, social welfare and other departments concerned for a ride in his effort to get jobs in the Karnataka High Court for five aspirants from Bijapur and other northern districts of the state. He had allegedly taken money from each candidate.
The accused, along with his associates, had created a fake letterhead of the Karnataka High Court and allegedly forged the signature and seal of the High Court Registrar (Administration) directing the officials to submit character/antecedents certificate, caste and income certificates and medical fitness certificate which are mandatory for applicants to government job.
Police have identified the suspect as B.G. Gopal, who was working as a data entry operator at a business solutions firm on Old Airport Road in Kodihalli. He had promised government jobs to family members of his colleagues and others, mainly from Bijapur. All the aspirants, who he had lured, had applied for the 2008 Karnataka Public Service Commission (KPSC) exams for various posts. The aspirants were assured that they would be given jobs as typist and first and second division assistants in the Karnataka High Court.
With the help of the fake letterheads, signature and seal, Gopal had asked the respective departments to issue the necessary certificates. The character, antecedents, caste, income and medical certificates of the five candidates were sent directly to the High Court by the respective departments. Strangely, the High Court had not sought any documents from any of the departments pertaining to the five candidates and the officials were surprised when they got them. Following this, Karnataka High Court Registrar (Vigilance) on June 26, instructed the city police to conduct an inquiry.
The High Court Vigilance Cell officials, who conducted an inquiry, found out that Nagappa, a resident of Bijapur, had applied for the post of second division assistant, Aravind Gangaram Rathod, Basavaraj Mullur and Banadevi Shanmukhappa of Bijapur district for the post of first division assistant and Anasuya of Yadgir district for the post of typist, and were promised jobs by Gopal. Of the five candidates, Anusuya’s husband Mr Srinivas V. Joshi, was also working as a data entry operator at a business solutions firm on Old Airport Road since 2006. Three years ago, Joshi’s colleague Gopal is alleged to have promised a typist’s post in the Karnataka High Court for Anusuya and had taken money.
Later, Mr Joshi along with his associates Shekarappa Sangappa Hosahalli and Prakash Patil Rudre Gowda, met the four other job aspirants with the promise of jobs. The report has been submitted to the High Court Vigilance Registrar. Cases against B.G. Gopal, Srinivas V. Joshi, Shekarappa Sangappa Hosahalli, Prakash Patil Rudre Gowda and the five job aspirants have been registered. “We are in the process of arresting them”, an officer of the High Court Vigilance Cell added.
PIL against Bharti Walmart for FDI violation withdrawn in HC
http://www.business-standard.com/generalnews/news/pil-against-bharti-walmart-for-fdi-violation-withdrawn-in-hc/64044/
Press Trust of India / New Delhi October 03, 2012, 20:55
Environmental activist Vandana Shiva today withdrew her PIL from the Delhi High Court filed against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy in retail sector.
“I am withdrawing the petition,” the counsel for Shiva told a bench headed by Chief Justice D Murugesan. The court allowed the plea.
Earlier, the counsel for Shiva and Additional Solicitor General (ASG) Rajeeve Mehra had said the PIL against the private joint venture firms have been rendered infructious in the wake of new central policy on FDI in retail sector.
The ASG had told the bench, also comprising Justice Rajiv Sahai Endlaw, that in the changed scenario, when the FDI in retail has been allowed, the petition loses its relevance.
Earlier, the court had issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India’s existing FDI policy.
The PIL had alleged Bharti Walmart was illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry trade here.
Cash and carry is a form of trade in which goods are sold from a wholesale warehouse and customers settle the invoice on the spot.
The PIL also alleged that many established Indian firms are acting as “front” for foreign firms to give their offshore partners a “majority control and economic interest” in retail sector here.
Walmart entered in a joint venture with Bharti Enterprises in 2007 for carrying out cash and carry wholesale trade in India.
Court suggests that Bangalore Club withdraw the resolution passed to oust former president
S Shyam Prasad
Posted On Thursday, October 04, 2012 at 06:21:27 AM
A former president of Bangalore Club, arguably the city’s most prestigious club, has approached the high court against a resolution passed by an extraordinary general body meeting of the club which terminated his presidency.
MK Marattukalam petitioned the High Court that he was not an invitee to the general body meeting at which he was ousted from the post of president and even the car parking slot reserved for him was denied. It is a tradition at the club to invite the president to general body meetings.
In the previous hearing of the case by Justice N Ananda on September 10, the respondents, including the current president Feroze Sattar Sait, had filed their objections.
During hearing of the case on Wednesday, the judge said, “You should not have attacked him personally in the resolution. These resolutions are public records. It is defamatory in nature and you are castigating a person before you hear him. How can a resolution be character assassination?”
Marattukalam’s advocate also told the court that on an earlier occasion, another member, Gagan Chandy, had his membership suspended for a period of two years for speaking up at a general body meeting. Chandy too had approached court and the club had sought leave to withdraw the resolution.
When the judge perused the submission, he found that in Chandy’s case, Marattukalam was the president when the resolution suspending his membership was passed.
The judge then commented, “So it has boomeranged on him (Marattukalam).”
Senior advocate Ashok Haranahalli, who was representing the respondents, revealed that Marattukalam had not answered the notices issued to him. But the judge replied, “A person’s character cannot be assassinated without him being heard. If you reverse the process it can put an end to all the problems. Call a general body meeting.”
The case was posted for October 10.
Swati Deshpande, TNN | Oct 4, 2012, 05.07AM IST
MUMBAI: In a landmark judgment, the Bombay HC has set aside a government panel’s decision to prevent a Madhya Pradesh flour mill owner from donating a kidney to his cousin, a goods loader, who is undergoing treatment at Jaslok Hospital. The government panel—the state authorization committee had rejected the cousin’s plea to donate because his own brother and minor daughters were opposed to his decision. The court has asked it to consider the man’s request again.
India’s transplantation law allows only close family comprising spouse, parents and children to donate organs. Unrelated donors require permission to give.
Bombay HC has clarified that the law on transplantation of human organs “does not confer an overriding veto on the next of kin of the donor” when the donor and donee are not close relatives.
The bond of love and affection even when not ‘near’ relatives is key to becoming a donor, it said. The court set aside the orders passed by the authorization committee.
A fact that was highlighted was that both men hail from a humble background—one is a flour mill operator earning Rs 150 a day and another a goods loader making Rs 6,000.
A bench of Justices D Y Chandrachud and Amjad Sayed held that the authorisation committee wrongly concluded that there was no bond of love and affection between the donor and donee after the brother and children of the donor, a single parent of two minor daughters, did not consent to the donation and the near relatives of the patient did not offer to donate. The Jaslok Hospital committee had approved the donation. The HC ruled that “views of the next of kin are entitled to deference but this is not to suggest that the committee, once a disagreement is expressed would have no power to take an independent decision based on the best interest of donor and recipient.” The judges said, “Ultimately, the committee has to take a judicious decision after considering all facts and aspects of law.” The court directed the committee to consider the case “afresh, expeditiously and to hold a fair inquiry into all facets of the law and facts.”
“There is always a risk involved in a transplantation procedure,” the HC said, adding, “But the degree of risk may vary from case to case based on medical condition of donor. The impact of a donation on the donor’s quality of life must be assessed and must be balanced with his desire to save a life.” It added that need to save a life is also significant from a public health perspective and directed that the “committee must realistically look at at our societal milieu to understand why a married daughter of a recipient may not be in a position to donate a her kidney to her father. These are indeed difficult question” The judges said, “The judge canot perform the role of God or an expert” and left the decision-making to the committee.
The HC pronounced the order on September 27, but the text of the judgment was made available only on Wednesday. It declared that the Transplantation of the Human Organs Act of 1994 which governs organ donation in India “balances the autonomy of an individual as decision maker with the societal interest in protecting family concerns. The Act seeks to bring a health balance between need for organ transplantations to save lives on one hand and public interest in ensuring that it does not become a facade for exploitation or organ trafficking.”
The case before the court, the judges said, “traverses medicine, social ethics and law and has profound human implications.” It gave rise to a delicate and sensitive issue of whether a single parent of two minor daughters Vijaykumar Sahu could be permitted to donate one kidney to Balmukund Sahu, his cousin—their fathers were brothers—on the grounds that they were bound by affection arising from their family dwellings in MP. Both lead modest lives. The patient is a goods-loader onto vehicles and earns less than Rs 6,000 per month.
The law in India, the court said, is aimed at saving lives and at preventing exploitation of people’s poverty, illiteracy and ignorance. The law thus allows “near relatives” defined as parents, husband or wife, children and grandparents to donate organs while alive. But it also allows a person who is “not a near relative” to donate organs out of affection or attachment or any special reason” but only after prior nod from a state-level committee. The committee is governed by certain rules and must make an inquiry to rule out commercial transactions between donor and donee and seek reasons why the donor wishes to donate.
The law requires the committee to apply its mind, said the judges, that affection is motivating factor. The HC said that the committee thus had to consider the explanation for the link between the donor and donee and can even rely on old photographs to prove the link. It has to ascertain that no tout is involved. The views of the donor’s kin is to ascertain that they are aware of the donor’s intentions.
The court held that in the present case the fact that the donee’s own relatives did not come forward to donate would not displace the affection between the donor and donee.
TNN | Oct 4, 2012, 08.32AM IST
New Delhi: A 35-year-old rape victim who allegedly tried to commit suicide inside Delhi high court premises on October 1 is battling for life at a private hospital in the Rohini area of northwest Delhi.
Police said the woman had collapsed after consuming an insecticide and was rushed to Ram Manohar Lohia hospital. Later, she was shifted to the ICU unit of another hospital.
Family members of the accused had allegedly threatened to kill the woman and her family if she didn’t withdraw the case.
One of her relatives said, “She had gone into depression after the incident. When she came to the high court for the hearing, she was threatened to take the case back. She went back to Sonepat but her husband disowned her. When she appeared for hearing on October 1, the brother of the accused asked her to turn hostile before the court. Unable to think of a way out, she thought of ending her life.”
A police source said that the victim, who belongs to Haryana, had received an interview call in 2011. The victim alleged that she was offered a cold drink laced with sedatives after consuming which she collpsed on the floor. The accused then raped herand threatened her with dire consequences if she disclosed the incident to anyone.
The man was arrested the same year after a case was lodged at Vijay Vihar police station.
toireporter@timesgroup.com
Sportsperson too can be nominated to Rajya Sabha: Centre to HC
http://www.hindustantimes.com/India-news/NewDelhi/Sportsperson-too-can-be-nominated-to-Rajya-Sabha-Centre-to-HC/Article1-939377.aspx
PTI
New Delhi, October 03, 2012
Sachin Tendulkar was nominated to the Rajya Sabha as per the constitutional provision which also allows induction of experts from the field of sports, government told the Delhi high court on Wednesday.
Additional Solicitor General Rajeev Mehra said the provision under Article 80 of the Constitution does not confine to inducting experts only from the fields of science, arts, literature and social services but also those from sports, education and other areas.
Mehra placed a copy of the affidavit, which was earlier filed in the Allahabad High Court on a similar plea against Tendulkar’s nomination to the Upper House, before the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw.
The senior counsel had told the bench earlier that the government has already taken a stand before the Allahabad High Court on the same issue and the copy of the affidavit would be produced for the court’s perusal.
The centre was responding to a PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Sachin’s nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
“A bare reading of the Article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the Article,” he said.
“The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism, parliamentary practice and procedure, public administration, agriculture, sports (wrestling) or other similar fields of human endeavour,” the affidavit said.
Setback for ATS as Bombay HC grants bail to alleged Maoists
Posted On Thursday, October 04, 2012 at 08:58:24 AM
The two, among seven members who were arrested in Pune last year for spreading the ideology of the banned organisation, have to report to the police every Sunday
Sunil Baghel In a setback to the Anti Terrorism Squad, the Bombay High Court (HC) on Wednesday granted bail to two alleged Maoists, who were among seven arrested from various parts of the State in April last year.
Justice Abhay Thipsay granted bail to Jyoti Chorge and Sushma Ramtekke for Rs 30,000 each and one or two sureties of the like amount. To ensure that they do not abscond, the court also directed them to attend their local police station every Sunday.
The ATS had accused Chorge and Ramtekke of being members of the banned Communist Party of India (Maoist), and of spreading its ideology as part of the Golden Corridor Committee, a panel formed to propagate its doctrine in urban centres. Both of them were held in Pune, after the arrest of Anjali Sontakke, alias Angela Teltumbde, who is alleged to be the secretary of the Golden Corridor Committee.
Apart from Chorge and Ramtekke taking a common defence stand that their names never reflected in the original FIR, Ramtekke’s main defence was that she was arrested simply because she was the roommate of Anjali Sontakke, and that she was found to be using aliases.
According to ATS, however, Ramtekke was a ‘dedicated member’ of the outfit and had used at least two false names — Shraddha Gurav and Madhavi More — while spreading the activities of the banned group. She has also been accused of providing logistical support to Anjali and attending group meetings.
Chorge’s bail application contended that the pro-Maoist material she was allegedly caught with did not belong to her, and that she had been and the friend are also accused in the case.
Chorge further said that she was arrested when she was about to hand over the bags to the other accused whom she was meeting for the first time. She was less than 19 years of age at the time of her arrest.
The ATS defended their case by citing statements from the chargesheet filed in May last year, and emphasising that the material recovered from both of them showed that they were active members of the banned organisation. However, the HC declined to accept their submissions.
School inferno: HC orders plastic surgeries for two children
http://www.business-standard.com/generalnews/news/school-inferno-hc-orders-plastic-surgeries-for-two-children/64084/
Press Trust of India / Chennai October 03, 2012, 22:25
Madras High Court today directed the Tamil Nadu Government to bear the expenses of proposed plastic surgeries on two children, who received serious burns in the 2004 Kumbakonam school inferno.
Passing interim orders on a miscellaneous petition, the court directed private Apollo Hospitals to perform plastic surgeries on Kausalya and Vijay “as soon as possible” and ordered Tamil Nadu Government to bear the treatment expenses.
Petitioner K Inbaraj, Secretary, Kumbakonam Fire Tragedy Victims Association, submitted that the consultant plastic surgeon of the hospital had said that the two children required plastic surgery and the entire cost of the procedures would be around 1.25 lakh each.
In its counter, the government said it had already paid an ex-gratia amount and also issued home pattas to families of victims.
Justice D Hariparanthaman, in his order said, “The payment of ex-gratia and issue of home pattas to families of the victims cannot absolve the government from granting medical aid to children, who received burn injuries.”
Pointing out that the counter has not stated anything on the treatment given to the children, the Judge said, “The 18 children received severe burn injuries at eight years of age. Denying medical treatment to children by the state is violation of Article 14 and 21 of the Constitution.”
“In these circumstances, Apollo Hospital is directed to admit these two children for surgery as opined by its consultant plastic surgeon and perform the surgery as suggested by doctor,” he said and posted the matter for October 8.
94 children were killed when a major fire swept through a private school in Kumbakonam on July 16, 2004.
Lucknow A student challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination. Otherwise, the age as on the date of commencement of academic session is taken into consideration for all purposes, he said
The Lucknow bench of Allahabad High Court today stayed the elections of Lucknow University Students Union (LUSU), which were scheduled for October 15.
A bench comprising Justices Uma Nath Singh and Virendra Kumar Dixit passed the order on a petition of Hemant Singh, a student, who challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination.
His counsel Prashant Singh Atal said ordinarily, the age as on the date of commencement of academic session is taken into consideration for all purposes. But, as a result of this rule, the petitioner had become overage to contest the election.
The petitioner sought a direction to Lucknow University to consider his candidature for contesting the students union election by calculating his age as on the date of commencement of academic session.
“Other universities, including Delhi University and Hemvati Nandan Bahuguna University, Dehradun, have considered the age of the candidate as on the beginning of the academic session,” Hemant said.
The Lyngodh committee had recommended that elections should be held within 6 to 8 weeks from the date of beginning of the academic session. LU’s academic session started on July 16 but the election notification was issued on September 25, nine days after the recommended eight weeks’ time. “On September 27, I gave a memorandum to returning officer N K Pandey and others, but no action was taken,” said Hemant.
“The notification for election has been issued after eight weeks, and thus, the petitioner has stood disqualified to contest the election only on the ground of being overaged which should ordinarily be calculated as on the date of commencement of academic session,” said the bench.
“In the interest of justice the LUSU polls scheduled for October 15 as notified on September 25 needs to be stayed till the next date of hearing,” the court stated.
Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal
http://www.hindustantimes.com/Punjab/Chandigarh/Hoshiarpur-murder-case-HC-clears-way-for-hanging-two-convicts/SP-Article1-939350.aspx
Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012
The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.
However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.
Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”
Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.
The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.
Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.
With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.
The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.
However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”
TNN | Oct 4, 2012, 01.50AM IST
AHMEDABAD: The Gujarat high court on Wednesday asked the National Institute of Biologicals to give its opinion on whether Polymerase Chain Reaction (PCR) test should be adopted instead of ELISA for reduction of window period in HIV check up during blood transfusion.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has roped in the national institute after it obtained response from the National Aids Control Organisation (NACO) and the controller of drugs.
The court has been making inquiry in this issue on the basis of a PIL filed by one Babulal Thakkar, who sought HC directions to authorities with claims that with adoption of PCR test instead of ELISA, the window period for check up could be reduced drastically.
The national institute has been asked to throw light on this aspect by October 19. Meanwhile, the high court has deleted Thakkar’s name from the PILs he filed in this regard after it was brought to court’s notice that he had sought registration of FIR against prime minister Manmohan Singh, UPA chairperson Sonia Gandhi and NACO director Satyen Chatterji for alleged corrupt practices.
The court has decided to continue with the PILs sans Thakker, who used to appear as party-in-person. The court has held that the issue raised by the petitioner was of very serious nature and concerns public interest.
HC seeks AG views on contempt proceedings against officials
http://www.business-standard.com/generalnews/news/hc-seeks-ag-viewscontempt-proceedings-against-officials/64087/
Press Trust of India / Jaipur October 03, 2012, 22:45
Rajasthan High Court today sought the Advocate General’s opinion on possible action it can take after finding state officials guilty of committing contempt of court during 2008 gurjar agitation for quota.
The Court was hearing the contempt petition filed by the government against Gurjar leader K S Bainsla who had led the stir.
The single bench of Justice M C Sharma had earlier issued contempt notice to former Chief Secretary D C Samant for his failure to comply with the court’s 2008 order asking the gurjar leaders not to disrupt law and order and the government to ensure its strict compliance.
Following this, government had filed the contempt petition against Bainsla and other Gurjar leaders.
The bench was of the view that while the gujjar leaders are guilty of flouting court’s order, at the same time the state government had also miserably failed to see compliance of court’s order and the entire chaos was outcome of failure of state machinery.
The bench had also asked the state government to withdraw the proceedings but the state government refused to do so.
The court today asked Advocate General G S Bapnah to frame opinion and inform it on November 5 as to what should be done by the court as it finds the officials guilty of contempt and also what were the reasons for the chaos that took place during gurjar agitation despite court’s order of peaceful demonstrations.
Express news service : Thu Oct 04 2012, 02:00 hrs
A group of residents of Oshiwara and Lokhandwala have approached the Bombay High Court against the setting up of an international school in the area.
The petitioners, the Oshiwara Lokhandwala Residents’ Association (OLCA), have a filed a petition which was heard before a Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar.
According to them, the construction of the school premises is being carried out on two adjoining Maharashtra Housing and Area Development Authority (MHADA) plots measuring 2,160 sq m and 3,850 sq m. They claim that these two plots were reserved for a municipal school, a common playground respectively and were open spaces.
Their petition further states that in response to their query, they received a MHADA response stating that both plots, though reserved, were leased to one Janata Education Society for 30 years in August 2008.
In July this year, the residents had taken out a protest march to voice their concerns on the issue. They claim that they have written several letters to authorities on the issue, but did not get any response.
The petitioners demand that the trust should be restrained from carrying out any further construction on the plot and restore the area to its original condition.
The court has now asked the state government and the trust to file their affidavits in response to the petition within three weeks.
HC grants pre-arrest bail to Karunanidhi’s relative
http://www.business-standard.com/generalnews/news/hc-grants-pre-arrest-bail-to-karunanidhis-relative/64099/
Press Trust of India / Chennai October 03, 2012, 23:25
Madras High Court today granted anticipatory bail to V M Jyothimani, son-in-law of former Tamil Nadu Chief Minister M Karunanidhi’s daughter Selvi, in a land fraud case with stringent conditions including Rs 50 lakh deposit in the lower court.
Passing orders on Jyothimani’s plea, Justice G M Akbar Ali ordered that he be released on bail in the event of arrest or on his appearance before the XI Metropolitan Magistrate, Saidapet, within 15 days from the date of receipt of the copy of the order.
He should also execute a bond for Rs one lakh with two sureties each for the like sum, the court said, Jyothimani shall deposit a sum of Rs 50,00,000 before XI Metropolitan Magistrate within a period of two weeks from the date of receipt of the order, it said.
He shall produce property security to the value of Rs 1.25 crore standing either in the name of the petitioner or his close relatives and also execute security bond to that effect, it said.
The petitioner shall appear before the police daily at 10 AM for a period of two weeks, the Judge said, adding he should produce all necessary documents, including bank statements, and cooperate with the investigation.
In his complainant to police, V Nedumaran of Valasarawakkam alleged that Jyothimani had promised to sell him 2.94 acre of land in Thalambur village for Rs 5.14 crore, after claiming to be the property’s power agent in 2007 but did not execute the sale.
Though Jyothimani received a cheque for Rs 3.5 crore as advance, he “did not come forward to execute the sale nor did he return the money,” the petitioner alleged, adding that instead the said property was sold to another person.
He further alleged that Jyothimani did not entertain phone calls made by him.
HC extends stay on felling of trees
http://www.deccanherald.com/content/282930/hc-extends-stay-felling-trees.html
Bangalore, Oct 3, 2012, DHNS:
The Karnataka High Court on Wednesday extended the stay on felling of trees for road widening within BBMP area and questioned the significance of the Tree Authority and the Karnataka Preservation of Trees Act.
The court was hearing a petition filed by the Environment Support Group (ESG) and a suo motu PIL initiated by the High Court, following a letter by Justice D V Shylendrakumar to the erstwhile chief justice in 2011. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna extended the stay and clubbed the petition with another suo motu petition, where the High Court, on September 4, 2012, had told the National Highway Authority of India (NHAI) that no trees shall be felled for road construction or widening on NH-218 passing through Bijapur, Humnabad and Gulbarga.
The petitioners cited BBMP’s claim that it had planted over eight lakh trees and contended that the Palike did not state where it planted the trees. They submitted that status of the planted trees was not known and the Tree Authority “was indiscriminately permitting the felling.” The Bench also questioned the Tree Authority’s significance. “Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuing a public notice so that objections can be invited. The Act does not provide any machinery in this regard,” the Bench noted.
“So far as the availability of an appeal is concerned, it seems to us that it may be futile in those instances where the tree officer grants permission to fell a tree. The public perception is that such orders are executed instantly and at night.”
Upholding the submission of the petitioners that members of the Tree Authority were “not satisfactory,” the Bench observed: “The Act does not seem to cater for such an eventuality. Further more, so far as the constitution of the feller body is concerned, it comprises three members such as mayor or president of the Municipal Corporation, the municipal commissioner or the chief executive etc, who are in effect the persons proposing the felling or keeping of a particular tree. This may amount to a person being a judge in his own cause and is an anathema in law.”
The matter has been adjourned.
TNN | Oct 4, 2012, 05.45AM IST
CHANDIGARH: Taking up the issue of vehicular congestion on the Delhi-Gurgaon expressway, Punjab and Haryana high court on Wednesday issued orders prohibiting U-turn near Ambience mall in Gurgaon during rush hours.
As per the HC directions, no U-turn will be allowed near Ambience mall between 8 am and 11 am in the morning hours and from 5 pm to 8 pm during evening hours. The HC has asked Haryana Police to block the U-turn.
When the matter came up for hearing before the high court, Gurgaon police informed the court that the situation has not improved at the toll plaza and traffic jams and chaos are back. Gurgaon police has also reiterated it earlier stand that the location of the toll plaza is not appropriate and its design is also faulty. Police also alleged that underpasses/bridge at the expressway are not maintained and due to faults around 200 persons have lost their lives while around 306 has been injured in the past two years.
The issue of payment to the police was also raised, following which the concessionaires submitted that they would agree on the amount settled by the court. Assistant commissioner of police Ravinder Kumar, who was also present in the court, pleaded the court for implementation of the rule that if waiting time of vehicles in queue in any lane exceeds 10 minutes the barrier of that lane should be lifted to reduce the waiting time.
During the hearing of the case, one Attar Singh, claiming to be representative of Toll Hatao Samiti, tried to intervene in the matter but the court refused to entertain his pleas and adjourned the matter for October 8.
During the last hearing on September 28, the Punjab and Haryana high court had ordered that no toll should be collected from private vehicles during peak office hours in the morning and evening. As per the orders, there will be no collection of toll from 8.30am to 10am and again from 5.30pm to 7pm. Now the same orders would continue till October 8.
Earlier on September 4, after pulling up the expressway operator for failing to put an end to chaos at the toll plaza, the HC had barred toll collection from all private as well as commercial vehicles on the stretch. The direction to stop toll fee collection came after the Gurgaon traffic police informed the court that the concessionaire was responsible for the chaos at the expressway because it had not hired enough staff to deal with traffic.
Abhinav Sharma, TNN | Oct 4, 2012, 07.59AM IST
JAIPUR: An HC division bench of Chief Justice Arun Mishra and Justice Meena V Gomber came down heavily on the JDA, JMC and RHB for their failure in complying the order of the bench to remove encroachments falling in the Amanishah Nullah. The court ordered demolition of more than 3,000 dwelling units said to be encroaching on the 13km stretch of the nullaha falling in JDA and JMC region with some segregated constuctions in Mansarovar Housing Board area.
The bench also initiated contempt proceedings against former CEO of JMC, Loknath Soni for not taking any action in the last one month despite court’s order to remove encroachments. The bench has also directed the state government to taken action within 10 days against guilty officials who allowed illegal constructions or granted permission for construction and the land conversions in the catchment area and inform the court during next hearing after 15 days.
The court however, refused to extend time limit for compliance to 6 months as sought by JDA and asked that all the 3,000 or more houses that have been built in the water flow area of the original nullaha should be razed in one month.
The court also asked JDA, JMC and RHB to issue notices to the encroachers to remove their dwelling units and make paper publication of the proposed action of demolition of their houses in newspapers.
The bench recorded statements of Arvind Arya, superintending engineer of JDA, J S Yadav, CEO of JMC and A A Khan, deputy housing commissioner and expressed displeasure over the slow pace of removal of encroachments. It was submitted by JDA officials and senior advocate R N Mathur appearing for JDA that due to public resentment officials were stopped from taking any steps.
The court was told that out of a total 48km stretch of the nullah only 39km falls in JDA region and out of this 170 encroachments have been removed and only a 6km thickly populated stretch remains. On a query raised by court it admitted that around 800-1,000 houses are there in this region.
Similary, JMC said that only 7km area of the nullah is in its purview where more than 2,000 houses are within or near the catchment area of the nullah but no single house was served with the notice in the last one month owing to JDA not demarcating the central line. The housing board said there is no encroachment in the 6.5km stretch of nullah passing from Pratap Nagar and Mansarovar except that of Neerja Modi School which has already been demolished by JDAJDA. There is hardly any requirement of a central line except in a small stretch. The body language of officials speaks volume in itself showing they are under tremendous pressure and they do not seems willing to follow our orders. We know how to get the orders complied with,”observed Justice Mishra.JDA, Justice Mishra observed, “You are yourself responsible for this situation. You have allowed them to erect illegal constructions. You are trustee of this public land and now you say we cannot remove encroachments. Can this be a sensible statement? We record our strong displeasure over the fact that a large number of encroachments are still holding ground.”
http://www.indianexpress.com/news/hc-orders-status-quo-on-memorial-of-spiritual-leader/1011751/0
Press Trust of India : Mumbai, Thu Oct 04 2012, 04:26 hrs
The Bombay High Court has granted a status quo on the memorial of Maharashtra’s spiritual leader Dr Nanasaheb alias Narayan Vishnu Dharmadhikari, proposed to come up in Alibag taluka of Raigad district at a cost of Rs 20 crore.
The status quo was granted last week by a Bench headed by Justice A M Khanvilkar who heard a petition filed by some villagers of Bamangaon group gram panchayat in Alibag taluka alleging unlawful acquisition of a 12-acre land by the state government without following procedures.
Dharmadhikari, who died in Pune in 2008, has a huge following in the state. He had devoted 60 years of his life in public service in Raigad district on the Konkan coast of Maharashtra.
On March 28, 2011, the urban development department had directed the Raigad collector to take possession of the land. On the same day, the collector took possession of the land and made entries in the land record, the petition filed by Ashok Raut and Prabhakar Raut alleged.
The petition has taken objection to the acquisition of land for erecting memorial for the spiritual leader, saying the land is currently used for grazing cattle and this practice has been going on for ages.
Also, proper procedures were not followed in land acquisition, it alleged.
The petition argued that the collector had not given a hearing to the villagers on the acquisition of land, against the principle of natural justice, adding that the decision violated their fundamental rights.
They cited a rule that if the possession of land is with gram panchayat, the government can acquire it only if the land is needed for a national or state development project, provided the gram panchayat does not require the land.
The petitioners had urged the court to quash the urban development department’s order and grant a status quo on the project.
Express news service : Allahabad, Thu Oct 04 2012, 04:57 hrs
The Allahabad High Court today stayed the construction of multi-storey residential projects of nearly half-a-dozen private developers in sectors 75 and 120 of Noida, while hearing a petition alleging that the Noida Authority allotted land to private builders without formally acquiring it from the farmers.
The court has given two weeks time to the respondents to file their replies. The matter will come up for further hearing after three weeks. A division bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel said that the allegations made in the petition raised a question of law as to whether any public authority had the power to allot land to a third party without first acquiring it from the land owner.
The petition filed by Kalu, a farmer of Sarsabad village, through counsels Shiv Kant Tripathi and Amrita Rai, said that on April 7, 2011, a notification under Section 4 (indicating the intention of the Authority concerned to acquire land) of the Land Acquisition Act for 120 hectares in Sectors 75 and 120, falling in Sarsabad village, was issued.
Nearly six lakh square metres of land, which is roughly half of the total area for which the notification was issued, was allotted to different builders between 2010 and 2012 without the acquisition process being complete, said the petition.
“Our contention is that 17 months after the notice under Section 4 was issued, the acquisition process has not moved forward. Under the norms, the notice under Section 6 (pertaining to finalising the plots to be acquired) of the Act should have been issued within a year. Also, our main objection is land could not be allotted to private builders before it was acquired from farmers,” said Mishra. He added that all the private developers involved have begun construction on the allotted land.
Vishwas Kothari, TNN | Oct 4, 2012, 06.00AM IST
PUNE: The Bombay high court is likely to hear on October 15 a couple of writ petitions challenging the acquisition of the 20-acre private land at survey no 245 in Lohegaon by the Pune district administration to facilitate the extension of runway at the Indian Air Force’s (IAF) Lohegaon airfield.
The acquisition process was completed on March 5, 2011 by way of invoking the urgency clause under section 17 of the Land Acquisition Act, 1894 and the land has since been handed over to the Defence Estate Officer (DEO), Pune.
However, the runway project, which was sanctioned by the Union government almost a decade ago, has since been bogged down by a spate of litigations in the high court as well as in the civil court in the city.
K M Talera, owner of a private resort that owns the acquired land, has filed the writ petition challenging the legal validity of the acquisition process. The petitioner has sought the high court directives to quash and set aside the acquisition and hand the land back to him. Another writ petition, filed by the Ex-servicemen Association of Lohegaon has been clubbed with this matter.
At the last hearing on July 31, the high court division bench of justices S A Bobde and Mrudula Bhatkar had granted time to either parties for conveying their willingness for mediation to resolve the issue.
Speaking to TOI, Talera said, “We have challenged the land acquisition on the grounds that the process was not effected by a competent authority, as laid down under the Land Acquisition (LA) Act, 1894 that is applicable to the central government. The acquisition has been done under the LA Act, 1894 that is applicable to the state government. This should not have been the case as the acquisition purpose is for a central government establishment. It is also our case that the purpose of acquisition of our land is malafide and the land comes nowhere near the runway.”
T S Arockianathan, the then DEO, Pune, has filed an affidavit in reply maintaining that the acquisition of land was completed under the LA Act, 1894 as applicable to Union of India, in due compliance with all the legal procedures and following due process of law. “It is a normal practice that when the land, which is subject matter of a particular state, is to be acquired by the central government for a public purpose, a requisition / demand is raised to the concerned state government machineries. Accordingly, Pune Divisional Commissioner and the special land acquisition officer has the authority and jurisdiction for the acquisition of the land,” the affidavit states.
On December 3, 2003, the Union government had sanctioned acquisition of the 20 acre private land at survey no 245 in village Lohegaon for extension of runway and construction of a soft ground arrester at a cost of Rs 7.54 crore. A demand for land acquisition was placed before the Pune district’s land acquisition officer by the DEO, Pune on March 10, 2004. However, the acquisition proceedings could not go further till early 2007, prompting the Ministry of Defence to write to the then state chief secretary, B K Sankaran, to speed up the acquisition process. Subsequently, the Pune divisional commissioner had issued a couple of notifications on February 13, 2007 and on September 28, 2007, the latter invoking the urgency clause, to facilitate the acquisition.
Delhi HC relief to Bharti Airtel: Ban on 3G roaming pacts stayed
http://www.indianexpress.com/news/hc-to-appoint-more-mcoca-judges/1011687/0
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days
BS Reporter / Oct 04, 2012, 01:00 IST
In a major relief to 3G subscribers of Bharti Airtel, the Delhi High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.
The Delhi HC has asked the department of telecommunications (DoT) to not take any coercive action until the next hearing of the case. This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh, Kolkata, Uttar Pradesh East, Gujarat, Kerala and Haryana- where it does not have 3G spectrum, but offers 3G services through roaming pacts. The date for next hearing has not been decided.
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.
Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.
In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.
However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India) Director-General Rajan Mathews “This (stay on DoT notice) is a good move. Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.” On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation (3G) mobile services through roaming pacts outside its licensed circles.
DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular.
Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.
In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum. Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.
Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles. Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles. While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles. The number of circles where 3G spectrum was auctioned is 22.
Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.
DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). Tata Teleservices and Aircel was also party in the petition filed by the telcos.
A two-member bench of TDSAT in July gave a spilt verdict on the matter. While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.
Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.
Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.
Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange.
TNN | Oct 4, 2012, 02.35AM IST
PATNA: Patna high court on Wednesday directed the central government to submit details of the posts of doctors, teachers and paramedical staff for the Jaya Prakash Narain All India Institute of Medical Sciences (JPNAIIMS). The Centre also has to give the particulars of the doctors already appointed for the JPNAIIMS.
A division bench comprising Justice P C Verma and Justice A K Trivedi also directed the Centre to give particulars of the outpatient departments (OPDs) to be opened at the JPNAIIMS. The order was passed on a PIL of Council for Protection of Public Rights and Welfare.
Unhappy with the submission made by the counsel of the contractor firm, M/s B L Kashyap and Company that the construction of the JPNAIIMS hospital would be completed by May next year, the division bench directed the contractor to give undertaking that it would complete the hospital building by December 31, 2012, and hand over the building to JPNAIIMS functionaries to make the hospital functional from that day.
The contractor claimed that 90% of the hospital building had been constructed. The court, however, directed the advocates’ committee comprising the standing counsel Shashi Bhusan Kumar, petitioner’s counsel Brajesh Kumar and central government counsel Vinay Kumar Pandey, to inspect the site and submit the progress report.
The court directed the principal secretary, state building construction department, Bihar to start construction of the boundary wall of Guru Gobind Singh Hospital, Patna City. Standing counsel Shashi Bhushan Kumar submitted that the government had released Rs 1.87 crore for construction of its boundary wall.
The court directed the Bihar State Electricity Board (BSEB) to ensure uninterrupted power supply to Guru Gobind Singh Hospital. The court also directed the principal secretary, road construction department, and SSP, Patna, to take appropriate action for smooth flow of traffic on the road leading to the hospital.
PIL for doctors’ appointment: A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh recently directed the state government to file counter affidavit to a PIL giving details of the number of vacant posts of doctors in government hospitals right from the medical colleges and hospitals down to the additional primary health centres (APHCs). The court also directed the government to give details of availability of medicines in the government hospitals down to APHCs.
The court gave eight weeks time to the government to give details of the vacant posts of doctors in government hospitals. Petitioner Dhirendra Kumar has made the health department officials and all the district magistrates and civil surgeons of the state respondents seeking from them the details of the number of vacant posts in the medical colleges and hospitals, sadar and subdivisional hospitals, primary health centres (PHCs) and APHCs.
Petitioner’s counsel Sunil Kumar submitted that 60% posts of doctors in the government hospitals, PHCs and APHCs were lying vacant and due to this the existing doctors and paramedical staff were unable to cope with the workload.
TNN | Oct 4, 2012, 07.01AM IST
GUMLA: A team of government officials here rescued as many as 11 child labourers from different places here on Wednesday.
Seven people, who had employed the children in their trade will be prosecuted and a fine of Rs 20,000 will also be slapped on them, said labour superintendent Ramesh Prasad Singh.
All these children hailing from different localities of the township were handed over to the Child Welfsare Committee (CWC), Gumla.
Some of these children showed their willingness to go back to school before district social welfare officer (DSO) Gumla- Girija Shankar Prasad who led the raid team soon after they were recovered.
Prasad took these children to his office where the children asked him, “Sir, will you teach us?”.
“We raided seven places from where 11 children engaged in different menial jobs were recovered. They were working in a hotel, two hand carts and four garages. Now we will hand them over to Child Welfare Committee (CWC).” Prasad said.
These children will be under protection of the CWC Gumla and those who are willing to study will be enrolled under formal schooling, said its chairman Shambhu Singh.
Presently these children will be lodged in a school for hearing and speech impaired here.
After verification from their parents, further action for their rehabilitation will be taken, he added.
Govt proposes national centre to regulate chemical industry
http://www.business-standard.com/india/news/govt-proposes-national-centre-to-regulate-chemical-industry/488428/
Anindita Dey / Mumbai Oct 04, 2012, 00:36 IST
The ministry of chemicals and fertilisers had proposed to set up a national chemical centre to formulate environment and human-friendly policies and contain risks posed by chemicals.
This is aimed at streamlining legislation governing the industry and making entities concerned responsible for their acts. The industry, at present, is governed by multiple legislations under several ministries — the Environment Protection Act, 1986; Factories Act, 1948; Motor Vehicles Act, 1988; Explosives Act, 1884; Disaster Management Act, 2005; CWC Act, 2000 and Land Acquisition Act, 1894.
“What we need is a REACH (registration, evaluation, authorisation and restriction of chemicals) legislation enacted in the European Union for protecting human health and environment. The Sustainable Policy and Chemical Act could replace 40 different environment-related legislations. Besides, there are no specific legislations for registration, ban and classification of substances,” said an official source.
For this, the proposed centre would provide necessary regulatory framework, trade practices, duty structure and maintain an inventory of the chemical sector containing data on production, consumption, imports, exports and toxicological properties.
It also envisages setting up of the Chemical Standard Development Organisation under its jurisdiction to facilitate the industry to comply with international standards. The objective of these changes are primarily to increase exports and position India as the research and development hub for the sub-continent.
Exports have been affected by different guidelines across countries, specifically in Europe. Though chemical exports (drug and pharma, dye/intermediates/inorganic/organic and cosmetic/toiletries) grew by 34 per cent year over the year, much of the increase in CY12 has been due to rupee depreciation rather than actual volume because quantity-wise there has been only marginal increase in exports across categories. Also, there is need to diversify into speciality chemicals rather than focus on organic chemicals to exploit export opportunities.
For this, consolidation is necessary.
The government proposes to provide financial assistance for chemical companies for consolidation of smaller capacities and establish clusters by shifting downstream capacities closer to mother plants .
Surojit Gupta, TNN | Oct 4, 2012, 07.00AM IST
NEW DELHI: The government is set to give search and seizure powers to the Competition Commission of India (CCI) to help it investigate companies indulging in unfair trade practices.
Sources said it is one of the most significant elements in the amendments being proposed to the Competition Act, 2007 that would be discussed by the Union Cabinet on Thursday. The move will help the director general (investigation), who is attached to the CCI, to get information from companies that are not cooperating.
A probe by the DG is at the heart of most orders passed by CCI as it helps establish if a firm or an industry is indulging in unfair practices. Often, in the absence of data from companies investigation is hampered, officials said. As a result, the DG is now being given powers under the Code of Criminal Procedure with the safeguard that search and seizure can be done after getting a nod from the CCI chairman.
If the move on search and seizure is aimed at improving the quality of investigation by the fairplay watchdog, the government is also looking to provide protection to intellectual property systems of companies and other entities that deal with CCI.
In addition, in a move to help hasten mergers and acquisitions, the government is proposing in that a proposal would be deemed to be approved within 180 days, instead of 210 days prescribed at present. Currently, all M&As over a specified value have to be approved by CCI to check against creation of mega enterprises that dictate market terms. In fact, the law empowers CCI to seek an investigation to find out if a proposed combination is against the interests of consumers or not.
Similarly, companies can now hope to get an extension of 180 days, instead of 90 days, provided in the law at present as there is a proposal to amend the law to give more time if an extension is sought. Although the Competition Act has been in place since 2007, CCI decided to use the powers to clear M&As only last year. The law also empowers the regulator to ask companies to divide their business into multiple units in case it is felt that the entity has assumed a dominant position in the market.
Chitleen K Sethi : Chandigarh, Thu Oct 04 2012, 01:58 hrs
Seventeen years after it was passed by the Assembly, the Punjab Rent Control Act-1995, which is now going to be finally implemented, brings no cheer to those looking forward to it the most. The Act is going to be implemented prospectively — from the date of notification — and will protect the interests of only those landlords and tenants who sign rent agreements and deeds after the date of notification.
Thousands of landlords and tenants who are embroiled in protracted litigation for decades over the payment of ludicrously low rents in old city markets will not get any relief under this Act. Sources said the move comes in wake of immense pressure on the SAD leadership by the BJP, which has a major vote bank among shopkeepers in towns.
Though the cabinet on Tuesday had adopted the 1995 Act per se, which extends to existing tenancies, it has been decided that the Act be amended the day it is notified to state that it will not be applicable to existing tenancies. The amendment will then be passed as an ordinance and only then will the Act be implemented.
Parts of Section 3, 6, 7 and 9, which allowed existing landlords to demand a certain minimum revised rent from the tenant will removed from the 1995 Act. Existing landlords cannot move the rent authority, which will be constituted under the Act for relief in older cases. They would continue to be governed by the Eastern Punjab Rent Restriction Act-1949.
While this renders the Act useless for those landlords who are already stuck with low rents, it is expected to make the tenancy laws stricter for the future. The new Act provides for a compulsory registration of the tenancy agreement between the landlord and the tenant.
Also, the implementation of the Act will help the state get its share of JNNURM funds. Existence of rent control laws is one of the several reforms to be carried out by the states to be eligible for JNNURM funds.
Since the Act is going to be implemented from the day it is notified, the cabinet has also done away with the limit of Rs 2,000, which had earlier been set as the cut-off rent amount for the implementation of the Act. The 1995 Act had laid down this limit as Rs 1,500 to Rs 3,000 depending on the area where the property is located. However, the Act will be amended to exclude any such limit.
The Punjab Rent Control Bill was passed by the Assembly in April 1995 and got the President’s assent in 1998. However, the Act was never notified.
The Act arms the landlord with legal teeth to evict tenants. The strong tenant lobby, however, has been opposing Act for years on the grounds that it will lead to an increase in rents. The BJP has been airing the cause of the tenants and objecting to the notification of the Act.
http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html
Mumbai, Oct 3, 2012, DHNS:
565 cultivators took their lives since January 2012
The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.
Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.
Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”
Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.
The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.
According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.
“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.
“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.
Kerala to pay Rs. 10 lakh to former ISRO scientist as compensation
http://www.thehindu.com/news/states/kerala/kerala-to-pay-rs-10-lakh-to-former-isro-scientist-as-compensation/article3961760.eceRoy Mathew
Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.
Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.
Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.
It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.
Qasab deserves legal aid to draft mercy plea
http://www.mumbaimirror.com/article/2/2012100420121004020503161a2c1a95e/Qasab-deserves-legal-aid-to-draft-mercy-plea.htmlAdvocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases
Posted On Thursday, October 04, 2012 at 02:04:36 AM
A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.
Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law - even in Qasab’s case.
Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?
Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.
Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.
Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.
Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.
The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.
Given that the death penalty exists in India, doesn’t Qasab deserve it?
An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?
How else can Qasab be punished, given the enormity of his crime?
Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.
Do you feel Qasab deserves mercy?
I think all of us - the best and the worst - are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.
As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.
Asergis moves Tribunal against Airtel
http://www.thehindubusinessline.com/industry-and-economy/info-tech/article3962020.eceOur Bureau
New Delhi, Oct. 3:
Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.
Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.
One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.
Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.
The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.
thomas.thomas@thehindu.co.in
Centre plans one tribunal for all inter-state water disputes
http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/
Press Trust of India / New Delhi October 03, 2012, 20:05
Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.
The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.
“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.
He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.
Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.
He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”
Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.
The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.
SAT sets aside Sebi order against JP Associates’ Chairman
http://www.moneycontrol.com/news/business/sat-sets-aside-sebi-order-against-jp-associates-chairman_764632.html
The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates’ Chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
Source: PTIThe Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.
After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur.
However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
“We, therefore, set aside the impugned order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.
Rs 30.58 Lakh for accident victims’ family
http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx
PTI
New Delhi, October 03, 2012
The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the
vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.
“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.
According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.
He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.
Compensation for girl after 12 years
http://www.asianage.com/mumbai/compensation-girl-after-12-years-250Oct 04, 2012 |
The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.
Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09
AJIT PATOWARY
GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.
The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.
North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.
“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.
On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.
On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”
The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.
Two women working for Rs. 15 a month for 42 years
http://www.thehindu.com/news/states/karnataka/two-women-working-for-rs-15-a-month-for-42-years/article3962218.ece?homepage=trueSpecial Correspondent
Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.
The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.
After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.
Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.
Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.
Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.
“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.
“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.
Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.
Sharan appointed NCW Member Secretary
http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/
Press Trust of India / New Delhi October 03, 2012, 15:05
Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).
Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.
The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre
Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.
He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.
The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.
Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..
Judge blasts government for harming education
http://timesofindia.indiatimes.com/city/hyderabad/Judge-blasts-government-for-harming-education/articleshow/16661649.cmsTNN | Oct 4, 2012, 02.10AM IST
HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.
The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.
The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.
He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.
Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.
The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.
Amicus Raju declines fee in Kasab case
http://www.thehindu.com/news/national/amicus-raju-declines-fee-in-kasab-case/article3962549.eceLegal Correspondent
Honororium for him and Gaurav Agrawal will go to kin of slain policemen
The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.
A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.
(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)
After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”
It’s Judicial Academy
The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.
The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”
PIL to remove anti-Islam clips from YouTube filed in HC
http://articles.timesofindia.indiatimes.com/2012-10-03/internet/34238313_1_anti-islam-google-india-pilPTI Oct 3, 2012, 07.20PM IST
NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.
Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.
“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.
A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.
Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”
The petitioners sought removal of 13 minutes video clip/trailer from You Tube.
Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.
According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.
Spy funds used in PIL against army chief?
http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx
Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012
New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh
A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical
Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.
The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.
Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.
Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.
Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”
During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.
The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.
The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.
Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.
Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.
The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.
Mayor inspects roadside shops in Civil Lines area
http://timesofindia.indiatimes.com/city/allahabad/Mayor-inspects-roadside-shops-in-Civil-Lines-area/articleshow/16664093.cmsTNN | Oct 4, 2012, 07.46AM IST
ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.
President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.
On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.
He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.
Tiger numbers have risen, insists Centre
http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html
New Delhi, Oct 3, 2012, DHNS:
The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.
Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.
Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.
He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.
Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.
During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.
This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.
“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.
“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.
However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.
KNPP Stir: TN Govt Rejects Charges of Police Excesses
http://news.outlookindia.com/items.aspx?artid=777157
Madurai | Oct 03, 2012
Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.
It also denied having blocked essential commodities reaching the anti-nuclear protestors.
Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.
They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.
He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.
The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.
Pressing for a judicial probe, he alleged police had trespassed into houses and a church.
The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.
He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.
Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.
The judges after hearing counsels, posted the case for hearing tomorrow.
Finally, UP to ban gutkha from April next year
http://www.indianexpress.com/news/finally-up-to-ban-gutkha-from-april-next-year/1011783/Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs
A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.
Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.
Kerala high court frowns at serial public interest litigations
http://timesofindia.indiatimes.com/city/kochi/Kerala-high-court-frowns-at-serial-public-interest-litigations/articleshow/16661738.cmsTNN | Oct 4, 2012, 02.24AM IST
KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.
The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.
In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.
Oshiwara residents move court to save open space
http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.
The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.
The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.
They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best price.
In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.
In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.
The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.
However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.
Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.
Government cannot touch pricing mechanism of essential drugs: Supreme Court
http://profit.ndtv.com/news/nation/article-dont-touch-pricing-mechanism-for-essential-drugs-supreme-court-tells-government-311594NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)
The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.
The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.
The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.
Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.
Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.
The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.
“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.
The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”
The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”
The case will now be taken up on 9 October.
Remove squatters in 30 days, HC tells goverment
http://daily.bhaskar.com/article/RAJ-JPR-remove-squatters-in-30-days-hc-tells-goverment-3877617-NOR.htmlDNA | Oct 04, 2012, 04:09AM IST
Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight.
Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola.
During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers.
However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days.
Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday.
SC gives six months to government for toilets, water in schools
http://timesofindia.indiatimes.com/india/SC-gives-six-months-to-government-for-toilets-water-in-schools/articleshow/16662901.cmsDhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST
NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.
A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.
“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.
The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.
The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.
Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.
The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.
In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.
In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”
The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.
The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.
It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”
SC seeks govt reply on new drug pricing policy
http://www.livemint.com/Politics/nO0pgggqrWXmNQcVI1nXNK/SC-seeks-govt-reply-on-new-drug-pricing-policy.htmlFailure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime
Vidya Krishnan
First Published: Wed, Oct 03 2012. 11 16 PM IST
Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint
New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.
Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.
The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.
The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.
Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.
“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.
According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.
“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).
Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.
“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.
“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.
The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.
Bapunagar stadium to be converted into a lake
http://timesofindia.indiatimes.com/city/ahmedabad/Bapunagar-stadium-to-be-converted-into-a-lake/articleshow/16661608.cmsTNN | Oct 4, 2012, 02.05AM IST
AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.
Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.
The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.
It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.
The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.
“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.
Supreme Court verdict on CAG mandate: A step in the right direction
http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html
MG Warrier | 03/10/2012 12:15 PM |
The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements
The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.
On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.
For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team. By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.
The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.
The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.
The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.
The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.
A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.
As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.
The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.
Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.
Court relief to Saudi navy captain
http://www.mumbaimirror.com/article/2/20121004201210040204459585ddcb997/Court-relief-to-Saudi-navy-captain.htmlMumbai Mirror Bureau
Posted On Thursday, October 04, 2012 at 02:04:36 AM
In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.
A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.
Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.
Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.
To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.
He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.
Let operative Abu Jundal handed over to ATS in Mumbai
http://timesofindia.indiatimes.com/city/nashik/Let-operative-Abu-Jundal-handed-over-to-ATS-in-Mumbai/articleshow/16661600.cmsSantosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST
NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.
Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.
Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.
He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.
Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.
Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.
While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.
During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.
Students get life term for murder
http://www.deccanchronicle.com/node/161418October 4, 2012
Trichy
A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.
According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.
The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.
In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.
Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.
When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.
Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.
The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.
With no confidence on management, most Delhi staff shun meeting with CEO
http://profit.ndtv.com/news/corporates/article-kingfisher-airlines-ceo-to-meet-staff-at-different-bases-ball-in-airlines-court-says-Ajit-Singh-311609NDTV | Updated On: October 04, 2012 10:53 (IST)
The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.
Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.
Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.
The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.
Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.
In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.
The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.
“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.
The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.
Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.
When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.
The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.
When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.
In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.
Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.
Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA. The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.
Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”
The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.
In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”
If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.
Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.
With inputs from agencies
3 witnesses depose in Kush murder case
http://timesofindia.indiatimes.com/city/nagpur/3-witnesses-depose-in-Kush-murder-case/articleshow/16661580.cmsTNN | Oct 4, 2012, 02.01AM IST
NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.
The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.
The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.
Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.
Cash for bail: Former CIA inspector shifted out of Panchkula
http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx
HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012
Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.
Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.
As per the FIR, on the day of arrest, 9kg opium milk (which can be converted into 36kg opium) was also recovered from the rented accommodation of accused in Sector 15 on the disclosure of the accused.
Rai submitted that Parveen claimed having procured the bail order by spending Rs. 37 lakh and was now alluring other persons to pay money to get relief from various courts with the help of police officials, who would give false information to the court.
On May 23, the court of additional district and sessions judge Sanjay Sandhir had dismissed the bail application of Praveen on the ground that huge quantity of opium was recovered; he was stated to procure opium milk from Madhya Pradesh to churn it into opium and another case for drug peddling was also registered against him in Panchkula.
But in the high court on July 27, the court was informed that the challan was not filed even though it was filed in the lower court. It was not contested that the quantity of opium was commercial and there was no other conviction of the accused. ASI Surjeet Singh, then posted with CIA, and head constable Yog Bhyan were present in the court. They have also been shifted out of Panchkula to Sunaria.
“The DGP has ordered the transfers,” said DCP Parul Jain. On the pending arrest of drug peddler Parveen, she said the police were making every effort to nab him.
Meanwhile, the CBI is yet to start investigations in the case.
Case history
January 26: Parveen Kumar and accomplices Harvinder Singh and Jora Singh arrested with 4kg opium
January 26: Nine-kg opium milk recovered from the Sector-15 rented accommodation of accused
May 23: Additional district and sessions judge Sanjay Sandhir rejects Praveen Kumar’s bail application
July 27: High court informed challan not filed, paving way for bail for Parveen Kumar
September 18: High Court cancels Parveen Kumar’s bail, accused missing
Pervez Tak planned to kill Laila, kin 3 months before murders: Cops
http://timesofindia.indiatimes.com/city/mumbai/Pervez-Tak-planned-to-kill-Laila-kin-3-months-before-murders-Cops/articleshow/16663548.cmsS Ahmed Ali, TNN | Oct 4, 2012, 06.29AM IST
MUMBAI: The murders of starlet Laila Khan and five of her family members were planned at least three months in advance, says the chargesheet.
The crime branch on Wednesday filed the 984-page chargesheet in the sessions court, stating that prime accused Parvez Tak killed the six family members with the help of his wanted aide, Shakir Hussain. Tak is the third husband of the starlet’s mother, Saleena.
A junior engineer, a surveyor of the Igatpuri Nagarpalika, a JCB owner, a butcher and two car drivers are among the nine witnesses who have testified against Tak.
In his statement, Tak said he got a pit dug up at Laila’s Igatpuri farmhouse in December 2010 and waited for a few months for her family members to gather there. The six victims were eventually killed in February 2011, days after they went missing from Mumbai. The police have added the statement of Gufran Choudhary, the JCB owner, to the chargesheet to support the theory that the murders were planned and not committed in a fit of rage. Choudhary said Tak hired his JCB in December 2010 and paid him Rs 2,800 to dig the pit. Incidentally, three days after the crime branch recovered the six skeletons from the farmhouse on July 10 this year, TOI had reported how police officials suspected that it was a well-planned murder.
The police are awaiting the DNA reports of the six bodies recovered from the pit. Two knives, an iron rod, two spades, the torn clothes of the deceased, the post-mortem reports and some gold ornaments—including four rings—have been annexed to the chargesheet.
Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony, said investigating officer Deepak Patangre. He added that they will add the DNA reports once they get them from the FSL.
Junior engineer Yashwant Tathe, water surveyor Mohan Shirshat and butcher Shamsher Khan told the police that they hadseen Tak and Saleena hours before the murders on February 8. Tak had taken Saleena to the nagarpalika office to file an application for a water connection. On the same day, the duo went to the butcher to buy 3kg of mutton.
“Tak felt that Saleena lived an ‘un-Islamic’ life and also suspected her to be indulging in adultery. When Tak learned about Laila and her family’s plans to migrate to Dubai and give the powerof-attorney of her properties to Saleena’s second husband, Asif Shaikh, he felt frustrated and humiliated. He then decided to put an end to the chapter,” said Himanshu Roy, JCP (crime ).
The police suspect that Hussain is in Doda.
Starlet case chargesheet
Who is Laila Khan?
Laila, whose original name was Reshma Patel, was born to Saleena and Nadir Patel in Malad. She is best known for her role opposite Rajesh Khanna in Wafa: A Deadly Love Story
The disappearance
Laila, her mother Saleena, siblings Azmina, Imran & Zara, and another relative, Reshma Khan, went missing from Mumbai in February 2011, after which her father filed a missing complaint with the Oshiwara police
The recovery of two MUVs belonging to the starlet—a Mahindra Scorpio and a Mitsubishi Outlander—from Jammu & Kashmir this year triggered speculation that she could be in that state
Another theory that did the rounds said she was in Dubai with her ‘husband’, Sonu
Tak and the revelations
Parvez Iqbal Tak (inset), a road contractor from Kishtwar in J&K and the third husband of Laila’s mother, emerged as the prime suspect in the case after the seizure of the two MUVs
Tak told interrogators that he killed Laila and her five family members at her farmhouse (pic above) in Igatpuri on February 8
Shakir Hussain, an accompliceof Tak’s, was also involved in the murders. He was made caretaker of the farmhouse in December 2010
Tak and Hussain go to the family’s Oshiwara flat to fetch Laila’s six pet cats. They also remove photographs from an album before returning to Igatpuri. They then hire two drivers, Mahboob Shaikh and Johny Girdar, and leave for Kishtwar in Laila’s Scorpio and Outlander
What led to the killings?
The police said Tak felt Saleena lived an “un-Islamlic” life and suspected her to be indulging in adultery When he learned about the family’s plans to migrate to Dubai and give the power-of-attorney of her properties to Saleena’s second husband, Asif Shaikh, Tak plotted the murders
The evidence and witnesses
The Scorpio and the Outlander, which have been brought back to Mumbai Two knives, an iron rod, two spades, the torn clothes of the deceased, mobile records, post-mortem reports and some gold ornaments Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony
IAS officer granted bail in molestation case
http://www.indianexpress.com/news/ias-officer-granted-bail-in-molestation-case/1011463/0
Agencies : Lucknow, Wed Oct 03 2012, 21:08 hrs
A senior IAS officer in the Uttar Pradesh government, who was arrested on charges of attempt to rape and molesting a Delhi-based woman in a train, was today granted interim bail by a local court here.
Sessions judge K K Sharma granted interim bail to IAS officer Shashi Bhushan Sushil up to October 6 on an application moved on his behalf, court sources said here.
Sushil, Special Secretary in the Technical Education Department, was arrested on Monday and a case under IPC section 354 (assault or criminal force to woman with intent to outrage her modesty) was lodged against him following a complaint by the woman, a senior IT executive, Government Railway Police (GRP) officials said.
The 2001-batch officer was also booked under IPC sections 376 (rape), 511 (attempt to commit offence) and 506 (criminal intimidation) under which he can be imprisoned for life.
According to the FIR lodged by the mother of the woman travelling with her, the officer, who boarded the second AC coach from Ghaziabad, indulged in obscene acts and the conductor and train escorts were duly informed.
The FIR was lodged with the GRP by the woman.
Bhushan was detained after the train reached Charbhagh railway station and police interrogated him for four hours before arresting him.
Refuting the molestation charge, the officer claimed that he had got into a verbal duel with the woman after she made a casteist remark against him.
The officer was later suspended by the Uttar Pradesh government.
The government has also removed inspector GRP Anil Rai who allegedly tried to delay the matter and impose less stringent sections in the FIR though the home department refuted the charges.
Sushil was later produced before a local Railway court which remanded him in judicial custody for 14 days.
Chief Minister Akhilesh Yadav had said no one would be spared and strict action would be taken against those showing disrespect to women.
Delhi Police officer ‘forges’ court record, let off
http://www.deccanherald.com/content/282920/delhi-police-officer-forges-court.html
New Delhi:Oct 4, 2012 PTI
A sessions court has discharged a Delhi Police inspector in a complaint initiated by a magisterial court for allegedly forging the court record of a case.
Additional Sessions Judge Narinder Kumar discharged H S Chauhan, an inspector in Delhi Police, who was summoned as accused along with ASI Puran Chand by court of additional chief metropolitan magistrate on a complaint made by the chief metropolitan magistrate for allegedly forging court record in a 2006 case under the Prize Chit Money Circulation (Banning) Act.
“The impugned order dated May 19 vide which the accused – petitioner (Chauhan) has been summoned as an accused is without basis and suffers from illegality and the same deserves to be set aside qua the petitioner. The petitioner is discharged,” the ASJ said.
The ASJ added that the CMM did not conduct any inquiry before filing the complaint against Chauhan.
The complaint accused Chauhan and Chand of fraudulently entering forensic (FSL) report in the court record of a case after a delay of three years only when the issue came before the CMM.
Chauhan had moved the court of ASJ against the ACMM’s order. On January 1, 2006, an FIR was registered with Prasad Nagar police station under the Prize Chits Act on the complaint of a widow named Durga Devi, who had invested in a committee.
The accused Luid Fernandez and Josphin Fernandez run the committee which did not pay any returns to the woman on maturity of the investment. A chargesheet in the matter was filed on April 13, 2006 before the then concerned area magistrate.
A supplementary charge-sheet was filed on July 11, 2006 mentioning that the FSL report on specimen handwriting of the accused will be filed as and when received.
Official let off in graft case
DRI officer, facing trial for allegedly taking bribe from a businessman for bailing him out of an excise evasion case, has been discharged by a Delhi court for want of proper sanction for his prosecution, reported PTI from Delhi.
Special Central Bureau of Investigation Judge Kanwaljeet Arora discharged Directorate of Revenue Intelligence (DRI) Y S Verma saying the sanction to prosecute him was bad in the eyes of law as it was given by an officer, junior to the one competent to grant it.
It is admitted position that accused at the relevant point of time was working as senior intelligence officer with DRI, which is a Group ‘B’ post.
Having been appointed to the post of Group ‘B’ cadre, by orders of DRI director general, a right has accrued in favour of the accused by virtue of Article 311(1) of the Constitution that he cannot be removed from his office by an officer subordinate to the rank of director general,” the court said.
Additional director general who had passed the sanction order on December 29, 2006 was subordinate to director general, therefore, she could not have passed the sanction order. The said sanction therefore is bad in the eyes of law,” the court said, discharging Verma.
The corruption case against Verma was lodged by the CBI on complaint of Delhi-based exporter A K Aggarwal, who had alleged that Verma had lodged a false excise duty evasion case against him and had raided his house in September 2005.
He said Verma subsequently had demanded a bribe of Rs 50 lakh from him to bail him out of the case.
On Aggarwal’s complaint, the CBI laid a trap and allegedly caught Verma red-handed while accepting Rs 5 lakh as the first instalment of the bribe from Aggarwal at the South Delhi house of another co-accused Mahender Kumar.
In his complaint to the CBI, Aggarwal had also said Verma and his senior had asked him for Rs 50 lakh bribe and had threatened that if failed to pay the sum, his son would face untoward consequences.
The judge, however, granted liberty to the agency to file fresh charge sheet against Verma with proper sanction to prosecute him.
Court sends youth to 10 yrs in jail, pulls up police
Agencies : New Delhi, Wed Oct 03 2012, 20:55 hrs
A youth who raped a minor girl last year in a factory here has been sentenced to 10 years in jail by a Delhi court which also directed the city government to pay a compensation of Rs one lakh to the victim.
The court expressed anguish and displeasure that the two factory workers who saw the accused, instead of “objecting to the conduct”, ran away from the premises leaving the 14-year-old victim at his mercy and the Delhi police also did not prefer to inquire about their “indifferent approach”.
“Of late crime against women generally and rape in particular is on the increase and ironically society appears to be unconcerned, showing little or no concern for honour of women. It is this kind of a public apathy and indifference which is grossly criminal,” Additional Sessions Judge (ASJ) Kamini Lau said.
The court said it was “shocking” that the two factory workers ran away from the spot and informed their owner about the incident much later to evade their culpability.
“Public alertness with a suitable timely response can go a long way to save the life and honour of young girls which unfortunately did not happen in the present case,” the judge said.
The court also imposed a fine of Rs 52,000 on convict Aditya, 20, a resident of Pitampura Village in North-West Delhi, saying that on recovery of the amount, it shall be given to the victim.
The judge said the amount of compensation will be used for rehabilitation of the victim and directed the Delhi government to take steps to ensure that she is admitted in some school to continue her studies.
According to the police, Aditya caught hold of the girl when she was returning from her school and forcibly took her inside an adjoining plastic factory.
The accused threatened the two workers, who were present in the factory, and asked them to leave. He took the girl to a room in the factory and when she tried to raise an alarm, he threatened to electrocute her after which he raped her and ran away, police said.
The two workers, later on, called their employer and informed him about the incident.After reaching home, the girl informed her family about the incident and a case was lodged against the accused.
The court also pulled up the police for not inquiring the reason from the two workers as to why they did not raise an alarm when they saw the accused bringing the girl in school uniform into the factory.
It rejected Aditya’s plea for leniency saying that he had committed the offence without any fear of law in the factory after threatening the two workers working there and compelling them to leave.
Justice delayed is justice denied…
http://timesofindia.indiatimes.com/home/opinion/times-view/Justice-delayed-is-justice-denied–/articleshow/16663248.cmsOct 4, 2012, 05.51AM IST
If ever there was a case of justice delayed being justice denied, this is it. The fact that the court had ordered the actor to pay compensation even before framing of charges and he had done so immediately, makes it clear how urgent the need for compensation was judged to be.
Yet, the victims have not received the compensation even a decade later. Exactly who is to blame for this situation appears to be unclear as of now, but responsibility must be fixed and action taken. Also, the victims must now be paid—even if it rather late—not just the amount originally ordered, but interest for 10 years on it.
Law Commission of India proposes toning down anti-dowry legislation
http://timesofindia.indiatimes.com/home/opinion/edit-page/Law-Commission-of-India-proposes-toning-down-anti-dowry-legislation/articleshow/16659773.cmsOct 4, 2012, 12.00AM IST
TIMES VIEW
Will safeguard against misuse
The Law Commission of India’s recommendation that the anti-dowry law be suitably amended to dilute the provision of immediate arrest of the accused is sensible. The suggestion comes in light of the fact that an increasing number of dowry complaints have been found to be false. That Section 498A of the Indian Penal Code — dealing with physical and mental cruelty by husbands and their relatives over dowry — empowers the complainant to have the accused arrested even before a proper investigation into the case only incentivises misuse of the law. Not only does this amount to gross injustice but also significantly damages to the anti-dowry movement.
It`s arguable that tough anti-dowry legislations are a product of the 1980s, where they arose out of a specific context: a seemingly uncontrollable spate of dowry deaths in the country. However, the socio-economic conditions of women today have significantly changed. This empowerment is precisely why the anti-dowry law needs to be suitably updated. Besides, the provision of immediate arrest flies in the face of Indian jurisprudence that treats every accused as innocent until proven guilty. Subverting this principle has done more harm than good.
In this respect, the law panel`s proposal to introduce a 30-day reconciliation period before the police arrest an accused under the anti-dowry law makes eminent sense. To prevent misuse, the law should also be amended to allow for arrests only after a proper investigation, not before. The Supreme Court has already des-cribed false dowry cases as legal terrorism. Using the anti-dowry law as a tool for extortion is tantamount to human rights violation. Hence, in the interest of justice, diluting draconian provisions of the anti-dowry law without taking away the essence of the legislation is a step in the right direction.
COUNTERVIEW
A change for the worse
Anil Thakkar
The expert panel’s recommendation on amending and toning down the anti-dowry law is a classic example of missing the wood for the trees. As matters stand, is the anti-dowry law misused on occasion? Yes, it is — just like every other law. That is the nature of the beast; there will always be people who find and exploit loopholes in any system of rules. This is particularly true in India where the judicial system is hopelessly clogged and the police prone to corruption. These things will not change if the law is watered down. All that will happen is that the fight against dowry — a far more insidious and widespread evil than misuse of the anti-dowry law — will be compromised.
A simple look at the statistics will show how far we still have to go in stamping out the system of dowry and the subjugation of — and violence against — women it engenders. According to the National Crime Records Bureau, 6,995 dowry deaths were reported in 2000 — which climbed to 8,093 in 2007 and 8,391 in 2010. And that is just the reported cases; it is a safe assumption that the actual number of dowry deaths is significantly higher. This more than half-a-century after dowry was made illegal. What possible sense does it make to defang the anti-dowry law at a time when dowry deaths are actually on the rise?
On the face of it, certainly, the amended changes seem sensible. But given how rigidly patriarchal much of Indian society is — particularly in rural areas where the dowry system is even harder to uproot — all they will do is leave the perpetrators at large and give them enough time to pressure or coerce the woman and her family into withdrawing their complaint. And that would be a far greater injustice than anything that is currently done under the aegis of the anti-dowry law.
Victims of accident by Salman Khan’s vehicle not compensated
http://www.hindustantimes.com/India-news/Mumbai/Victims-of-accident-by-Salman-Khan-s-vehicle-not-compensated/Article1-939564.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
A decade after actor Salman Khan killed a pavement dweller and injured four others in a highly-publicised car accident in Bandra, the victims are yet to receive the compensation amount due to them from him, according to a public interest litigation (PIL) filed by a senior journalist before the Bombay high court.
A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.
Wagle had filed the PIL soon after the accident.
While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.
Wagle’s lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.
The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.
On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.
He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate’s court.
Kidnapping for ransom: Death punishment valid
http://www.indianexpress.com/news/kidnapping-for-ransom-death-punishment-valid/1011673/0Express news service : Chandigarh, Thu Oct 04 2012, 02:01 hrs
HC says killers of Abhi Verma to hang, puts execution on hold till October 12
There is nothing legally invalid in awarding death sentence to those held guilty of kidnapping for ransom. Statin this, the Punjab and Haryana High Court on Wednesday upheld the hanging of two youths who had abducted and later killed Abhi Verma, a 16-year-old boy from Hoshiarpur for ransom.
However, giving them time to challenge the order in the Supreme Court, the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused, Vikram Singh Walia and Jasvir Singh, were to be hanged at 9 am on October 5 in Central Jail, Patiala.
The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.
Holding their challenge as “ill founded, deceptive and misleading”, a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.
“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads
Making it clear that death sentence cannot be abolished from Section 364-A of IPC, the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the `retrospectivity’ of the provision is totally deceptive and misleading”.
The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.
They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person, company or association, or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.
They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages, 1979 (`Hostages Convention’), adopted by the United Nations General Assembly on June 3, 1983 “. The said contention found no favour with the court.
Earlier, Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants, for even if the challenge to death sentence under Section 364-A succeeds, the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.
The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds, the same will “not change their fate”.
Former SIMI Functionary Booked Under MCOCA
http://news.outlookindia.com/items.aspx?artid=777190
Thane | Oct 03, 2012
The Thane police on Wednesday booked former Students’ Islamic Movement of India (SIMI) functionary Saquib Nachan and four others under the Maharashtra Control of Organised Crime Act (MCOCA).
The Bhiwandi crime branch produced Nachan and four others in the MCOCA court on Wednesday.
Saquib Nachan and his son Ismail and nephew Aquib are facing charges for the murderous assault on Vishwa Hindu Parishad (VHP) leader from Bhiwandi, Manoj Raicha. Two others Guddu Khan and Tanvir Abdul Zabdir were also arrested in this case.
SIMI activist Saqib Nachan, an accused in Mulund bomb blast of 2003, was arrested by police for allegedly firing at an advocate in Bhiwandi on August 3, this year.
It was around 11.45pm, advocate Manoj Ratilal Raicha (48) was on his way home in his car along with bodyguards, when he was shot at and injured.
In his complaint, the lawyer, who is a Bajrang Dal office bearer, named Saqib Nachan as the suspect or his associate as the person who fired at him with an intention to kill him.
The Nizampura police later registered a case under Sections 307, 120(b) of the Indian Penal Code and also under Sections 3, 25 and 27 of the Arms Act against the accused.
FILED ON: Oct 03, 2012 23:40 IST
Muslim rage is not about Islam
http://www.dailypioneer.com/columnists/item/52576-muslim-rage-is-not-about-islam.html
Author: Mayuri Mukherjee
The outrage and the violent protests organised by Islamists
across the world have nothing to do with the supposed desecration of
religion. Instead, these incidents are calibrated attempts by so-called
religious leaders to firm up their politics, even at the cost of
people’s livesAuthor: Mayuri Mukherjee
Even before the crowd from the previous protest had returned home, a new mob had gathered on the streets. It had been gaining strength throughout the day as hundreds arrived loaded in trucks and buses, and more people from the outside kept pouring in. Over the next couple of hours, the crowd swelled in numbers and a few local leaders gradually took their position at the helm — soon, they were whipping up outrage against some vaguely defined but provocatively conveyed threat to their religion, their Prophet or their holy book. Timing was the key, so one waited cautiously for the crowd to be sufficiently riled and then, just when the passions peaked, it was let loose like a pack of blood thirsty wolves. What followed was hours, even days, of looting, raiding, pillaging, plundering and killing. Until finally, the security forces showed up and brought the situation somewhat under control.
This is a fairly accurate description of the events as they unfolded in the little Upazila of Ramu, located in the coastal Cox’s Bazar district in Bangladesh’s southern division of Chittagong on September 29 and 30, when Islamists went on the rampage in the area and attacked Buddhist temples and homes, after they discovered a picture of a burnt Quran on Facebook that was alleged ‘tagged’ to a local Buddhist boy.
According to the latest reports available, at least 12 temples were desecrated and nearly 50 Buddhist homes systematically destroyed. But the moot point here lies not in the details of this heinous incident that has deeply scarred Bangladesh’s socio-religious fabric but in the fact that the description applies to almost any ‘Muslim protest’ that has erupted in recent times in response to a supposed act of religious outrage.
Indeed, instead of Ramu Upazila, the narrative can just as easily be placed in Masuri village in Uttar Pradesh here in India, where a similar crowd went berserk and brutally attacked the local police station after someone found pages torn out of the Quran by the railway tracks last month. The narrative also fits well in many other places — from Mumbai’s Azad Maidan where a crowd protesting atrocities against Muslims in Burma and elsewhere went on a rampage to the US Embassy compound in Benghazi where an armed mob protesting a shoddily-made, obscure anti-Islamic film killed the American Ambassador to Libya.
Look closely and a clear pattern of pre-meditated violence that emerges through each of these cases is unmistakable. The cause of the violence and the outrage here is inconsequential. It can be anything — a book that nobody has heard of, a movie that nobody has seen because it was never publicly released, a photograph that is quite possibly doctored, a quote that remains unattributed, a conspiracy theory or even a cartoon. It doesn’t matter. What matters is how, and of course with what result, that singular instance of outrage (real or imagined) is perverted so as to make it look like it is a universal insult to Islam and its 1.7 billion followers around the world.
First, the Islamists go all out to introduce that supposed object of religious insult — almost always an obscure one — to their local audience. Then, they systemically manufacture outrage against that same object. The campaign is almost always framed within the narrative of a victim-community; a community that has been and continues to be wronged by the world. Ridiculous as it may sound, the idea of being at the receiving end of a global conspiracy is particularly tempting and as we know from past experience, hugely effective. Finally, what serves as an icing on the cake is the fact that Islamists, almost everywhere in the world, are an especially well-organised group. This automatically allows them mobilise large sections of the population and mount an effective campaign.
In other words, the bottomline here is that the protests may be hinged around an Islamic (or more specifically, anti-Islamic) subject, but in reality they have little to do with religion. Instead, the issue is of politics and power-play. Religion is merely an excuse used by the Islamists to whip up passion and mobilise social groups so that they can ultimately implement the latter’s agenda. Indeed, this is an argument that even Muslims political observers themselves have made. For instance, Mr Husain Haqqani, Pakistan’s former Ambassador to the US, in his recently published article on ‘Muslim rage’ minces no words when he says, “The phenomenon of outrage over insults to Islam and its final Prophet is a function of modern-era politics. It started during Western colonial rule, with Muslim politicians seeking issues to mobilize their constituents… and Islamists emerged to claim that Islam is not merely a religion but also a political ideology.”
Indeed, Mr Haqqani traces back an early prototype of this kind of mass mobilisation within the Muslim world to a book published in British India back in 1927. Titled Rangeela Rasool (Playboy Prophet), it was a “salacious version of Muhammad’s life”, says Mr Haqqani, but “hardly a bestseller”. In fact, much the like anti-Islamic film that today is all the rage, so to say, this book too went largely unnoticed until two years after its publication when some Muslim politicians raised a hue and cry over it. The British Government of the day even arrested and tried the publisher but he was acquitted — only to be later stabbed to death by one Ilmuddin, an illiterate carpenter known only by his first name, in Lahore. Ilmuddin soon became a local hero of sorts. Islamist groups nicknamed him Ghazi (warrior) and he was defended in court by a man no less than Mohamed Ali Jinnnah (although on purely technical grounds, as Mr Haqqani points out in his essay). The book continued to be a polarising point between the Hindus and Muslims of undivided India and exacted its price in blood during Partition as well.
It is interesting to note that it was after this case of Ilmuddin that the British amended the Indian Penal Code to include punishment for blasphemy and incitement of religious hatred. It is equally ironical that a little less than a century later, another young man would once again share Ilmuddin’s fate and how! In January 2011, Mumtaz Qadri would also be celebrated as a national hero for killing Salman Taseer, the powerful Pakistani Governor of Punjab would had dared to opposed his country’s draconian blasphemy laws.
The lessons to be learnt from the past and the present are clear. These protests, wherever they may erupt, are not just a product of politics disguised as religion, but that they must be exposed as such.
The moment the state begins to legitimise such violence as being a genuine case of religious grievance; it loses the plot and half the battle. The Bangladeshi Government realises this, which is why the whole deal about the Facebook picture was underplayed. The Pakistani Government on the other hand doesn’t get it at all and so, it had the Ishq-e-Rasool day, during which several persons where killed. India must learn its lessons from all this and stop pampering hardliners.
Civil society urges govt to remove accused under the PNDT Act from committee
http://www.tehelka.com/story_main54.asp?filename=Ws031012PNDT.asp
Dr Harsh Mahajan is an accused in a case filed by Mitu Khurana who was forced to undergo sex determination test
Shonali Ghosal
New Delhi
Eighteen years after the Pre-conception and Pre-natal Diagnostic Techniques Act (PC & PNDT Act) was passed for the “regulation and prevention of misuse of diagnostic techniques,” the government’s intention on curbing sex determination remains unclear.
Dr Harsh Mahajan, an accused under the PC & PNDT Act and president of the Indian Radiological and Imaging Association (IRIA), had been appointed as a member of a committee, which is set to examine and possibly amend the format of Form F (the mandatory form to be filled and recorded by all sonography centres when conducting an ultrasound sonography).
“They might have gone by his post as president of the IRIA. But the government should’ve checked his track record,” says Rizwan Parwez, a member of the National Inspection and Monitoring Committee (NIMC) and the Centre for Advocacy and Research. The court has taken cognizance of Mahajan as an accused (among others) after Mitu Khurana filed a case against her husband and in-laws for allegedly forcing her to undergo a sex determination test in 2005. She further states that they put pressure on her to undergo an abortion on learning that she was carrying twin girls. “This is a violation of the Act. The government never supported me in my case and now there’s this to add insult to injury,” says Mitu, who was told by a PC & PNDT official to stop wasting her life and give her husband a son if he wanted one.
“Even though Mahajan is not the doctor who performed the sex determination test, he is an accused because he holds approximately 80 per cent of the shares in Mahajan Imaging Centre where the test was conducted and is also a board member of the centre,” Mitu clarifies. The PC & PNDT law clearly states: “No person who, in the opinion of the Central Government or the State Government, as the case may be, has been associated with the use or promotion of pre-natal diagnostic technique for determination of sex shall be appointed as a member of the Advisory Committee.” “It’s like inviting a murderer undergoing trial to amend a law on Section 302 of the Indian Penal Code,” adds Parwez.
But all is not lost. In a meeting of the committee held last week (28 September), activists protested Mahajan’s presence and asked him to leave. Donna Fernandes, the head of Vimochana (an NGO on women’s rights) and a member of the same committee was present at the meeting. She recounts that it was Kiran Moghe, the Maharashtra president of the All India Democratic Women’s Organisation who raised the issue. “He (Mahajan) made some weak noise about being innocent and that he had a lot of suggestions, but other members said that he may be innocent, but, if he has a case in court, it isn’t right that he should be attending this meeting,” she says. Finally, Sandeep Kumar Nayak, Joint Secretary, Women & Child Development (who was also chairing the meeting) told him that he had said something else at registration and asked Mahajan to leave. “The government should’ve sent a strong message that you can’t be part of such an important committee before the civil society brought it up,” says Parwez.
Mahajan had to leave that meeting but whether any action has been taken to permanently remove him from the committee is not known. Incidentally, he is also a member of another similar committee, which has to examine, and perhaps, amend the provisions of the Act itself. “People like him aren’t worried about implementation, they’re just concerned with making money,” says health activist Dr Sabu Geore, who is a member of the other committee. Both Anuradha Vemuri, director of the PNDT Division, and Dr Harsh Mahajan remained unavailable for comment.
Shonali Ghosal is a Correspondent with Tehelka.
shonali@tehelka.com
Another plaint against Bangalore Urban DC
http://www.deccanherald.com/content/282872/another-plaint-against-bangalore-urban.html
Bangalore:Oct 4, 2012 DH News Service
A new private complaint was filed in the Special Lokayukta Court on Wednesday against Bangalore Urban Deputy Commissioner M K Aiyappa and others. Judge N K Sudhindra Rao has posted the case to October 17 for orders.
The case filed by Markandeya, a software engineer, pertains to land acquired in Nagarbhavi village in Vijayanagar for the development of the Vinayaka Housing Board Co-operative Society in 1985.
The complainant stated that the land had been handed over to the Society and all formalities including obtaining work order and khatas from the Bangalore Development Authority were completed.
From 1986, sites were registered in favour of the members. In 1996, the BDA also issued khatas and started collecting property tax.
Later, the land came under Pattanagere City Municipal Council and was transferred to BBMP, who issued khatas.
The complaint alleges that one Gali Hanumamma filed a case against Malliappa, the original landowner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act with the Assistant Commissioner (AC) who ordered the restoration of the property.
Order challenged
The Society members challenged the order before the then Deputy Commissioner Ramegowda who allowed the appeal, after seeking a spot inspection from the Assistant Commissioner.
Permission from DC
Gali Hanumamma then sold one acre of land to one Mirle Varadaraj for Rs three crore, after obtaining permission from the DC. She later filed an application seeking conversion of two acres of land for residential purpose, including the one acre she had sold.
The complainant who had purchased the land from the Society filed objections before the Deputy Commissioner.
The complainant stated that the DC told him that the land would be taken over and handed back. The complaint has been lodged for commission of offences under Prevention of Corruption Act and Indian Penal Code.
The complaint also names Assistant Commissioner Kantharaju, Tahsildar Suma, Village Accountant Manjunath, Gali Hanumma, her daughter Huchamma, Mirle Varadaraju and others.
K’taka HC stays probe against former disciple of Nithyananda
http://zeenews.india.com/news/karnataka/ktaka-hc-stays-probe-against-former-disciple-of-n_803566.htmlLast Updated: Wednesday, October 03, 2012, 22:07
Bangalore: Karnataka High Court Wednesday stayed further proceedings before a local court against a former disciple of self-proclaimed controversial godman Nityananda and two others in a criminal case filed against them by an actress
Justice H N Nagamohan Das stayed further proceedings in the case before the court at Ramanagara on a criminal petition filed by Ranjitha, seeking quashing of the case.
In June, the court had issued a non-bailable warrant to Lenin Karuppan and third summons to co-accused Aarti Rao and advocate Sridhar in the case filed by the actress.
The Magistrate took cognizance and issued summons to all three on June 4 2011.
Lenin failed to appear before the court, following which a NBW was issued against him, while the other two were issued a second summons on August 2 2011.
Arathi Rao is a resident of Detroit, USA.
PTI
Will appoint commissioners within 3 weeks: Govt assures HC
http://timesofindia.indiatimes.com/city/jaipur/Will-appoint-commissioners-within-3-weeks-Govt-assures-HC/articleshow/16661714.cmsTNN | Oct 4, 2012, 02.20AM IST
JAIPUR: The state government assured the Rajasthan high court on Wednesday that it would comply with the recent Supreme Court judgment on appointing at least minimum number of information commissioners (ICs) required under the right to information (RTI) Act within the next three weeks.
At present, the Rajasthan Information Commission (RIC) has just a chief information commissioner but not a single IC. The Act underlines a minimum two and maximum 10 ICs in a state.
In its September 13 ruling, the apex court made it mandatory that appeals under the RTI Act can be heard at the state information commissions only by benches comprising at least two ICs.
The judgment has resulted in the work at information commissions coming to a standstill in several states, including Rajasthan where around 8000 appeals under the RTI are already pending.
The government assurance came on a reply to high court’s query on a public interest litigation (PIL) on the subject pending since last year.
A division bench headed by chief justice Arun Kumar Mishra had directed the state government on Monday to apprise the court of the steps it had taken to comply with the SC verdict.
Additional advocate general Sushil Kumar Sharma told the division bench that the government was all set to appoint the ICs and the process would be completed within the next three weeks.
Under the RTI Act, the chief information commissioner and the ICs are appointed by a committee comprising the chief minister, the leader of opposition and a cabinet minister.
While the PIL filed by advocate Prakash Shukla has been pending in court since September 2011, Aruna Roy, of the leading forces behind the RTI movement in the country, recently moved an application before the state administrative reforms department to know what steps had so far been initiated to appoint the ICs. The government department, however, failed to answer Roy’s query.
Conman lures 5 with HC jobs
- October 4, 2012
- By Praveen Kumar
- DC
- Bengaluru
A data entry operator managed to take the police, social welfare and other departments concerned for a ride in his effort to get jobs in the Karnataka High Court for five aspirants from Bijapur and other northern districts of the state. He had allegedly taken money from each candidate.
The accused, along with his associates, had created a fake letterhead of the Karnataka High Court and allegedly forged the signature and seal of the High Court Registrar (Administration) directing the officials to submit character/antecedents certificate, caste and income certificates and medical fitness certificate which are mandatory for applicants to government job.
Police have identified the suspect as B.G. Gopal, who was working as a data entry operator at a business solutions firm on Old Airport Road in Kodihalli. He had promised government jobs to family members of his colleagues and others, mainly from Bijapur. All the aspirants, who he had lured, had applied for the 2008 Karnataka Public Service Commission (KPSC) exams for various posts. The aspirants were assured that they would be given jobs as typist and first and second division assistants in the Karnataka High Court.
With the help of the fake letterheads, signature and seal, Gopal had asked the respective departments to issue the necessary certificates. The character, antecedents, caste, income and medical certificates of the five candidates were sent directly to the High Court by the respective departments. Strangely, the High Court had not sought any documents from any of the departments pertaining to the five candidates and the officials were surprised when they got them. Following this, Karnataka High Court Registrar (Vigilance) on June 26, instructed the city police to conduct an inquiry.
The High Court Vigilance Cell officials, who conducted an inquiry, found out that Nagappa, a resident of Bijapur, had applied for the post of second division assistant, Aravind Gangaram Rathod, Basavaraj Mullur and Banadevi Shanmukhappa of Bijapur district for the post of first division assistant and Anasuya of Yadgir district for the post of typist, and were promised jobs by Gopal. Of the five candidates, Anusuya’s husband Mr Srinivas V. Joshi, was also working as a data entry operator at a business solutions firm on Old Airport Road since 2006. Three years ago, Joshi’s colleague Gopal is alleged to have promised a typist’s post in the Karnataka High Court for Anusuya and had taken money.
Later, Mr Joshi along with his associates Shekarappa Sangappa Hosahalli and Prakash Patil Rudre Gowda, met the four other job aspirants with the promise of jobs. The report has been submitted to the High Court Vigilance Registrar. Cases against B.G. Gopal, Srinivas V. Joshi, Shekarappa Sangappa Hosahalli, Prakash Patil Rudre Gowda and the five job aspirants have been registered. “We are in the process of arresting them”, an officer of the High Court Vigilance Cell added.
PIL against Bharti Walmart for FDI violation withdrawn in HC
http://www.business-standard.com/generalnews/news/pil-against-bharti-walmart-for-fdi-violation-withdrawn-in-hc/64044/
Press Trust of India / New Delhi October 03, 2012, 20:55
Environmental activist Vandana Shiva today withdrew her PIL from the Delhi High Court filed against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy in retail sector.
“I am withdrawing the petition,” the counsel for Shiva told a bench headed by Chief Justice D Murugesan. The court allowed the plea.
Earlier, the counsel for Shiva and Additional Solicitor General (ASG) Rajeeve Mehra had said the PIL against the private joint venture firms have been rendered infructious in the wake of new central policy on FDI in retail sector.
The ASG had told the bench, also comprising Justice Rajiv Sahai Endlaw, that in the changed scenario, when the FDI in retail has been allowed, the petition loses its relevance.
Earlier, the court had issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India’s existing FDI policy.
The PIL had alleged Bharti Walmart was illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry trade here.
Cash and carry is a form of trade in which goods are sold from a wholesale warehouse and customers settle the invoice on the spot.
The PIL also alleged that many established Indian firms are acting as “front” for foreign firms to give their offshore partners a “majority control and economic interest” in retail sector here.
Walmart entered in a joint venture with Bharti Enterprises in 2007 for carrying out cash and carry wholesale trade in India.
Club’s resolution amounts to character assassination: HC
http://www.bangaloremirror.com/article/10/20121004201210040621521765fd8f2bc/Club%E2%80%99s-resolution-amounts-to-character-assassination-HC.htmlCourt suggests that Bangalore Club withdraw the resolution passed to oust former president
S Shyam Prasad
Posted On Thursday, October 04, 2012 at 06:21:27 AM
A former president of Bangalore Club, arguably the city’s most prestigious club, has approached the high court against a resolution passed by an extraordinary general body meeting of the club which terminated his presidency.
MK Marattukalam petitioned the High Court that he was not an invitee to the general body meeting at which he was ousted from the post of president and even the car parking slot reserved for him was denied. It is a tradition at the club to invite the president to general body meetings.
In the previous hearing of the case by Justice N Ananda on September 10, the respondents, including the current president Feroze Sattar Sait, had filed their objections.
During hearing of the case on Wednesday, the judge said, “You should not have attacked him personally in the resolution. These resolutions are public records. It is defamatory in nature and you are castigating a person before you hear him. How can a resolution be character assassination?”
Marattukalam’s advocate also told the court that on an earlier occasion, another member, Gagan Chandy, had his membership suspended for a period of two years for speaking up at a general body meeting. Chandy too had approached court and the club had sought leave to withdraw the resolution.
When the judge perused the submission, he found that in Chandy’s case, Marattukalam was the president when the resolution suspending his membership was passed.
The judge then commented, “So it has boomeranged on him (Marattukalam).”
Senior advocate Ashok Haranahalli, who was representing the respondents, revealed that Marattukalam had not answered the notices issued to him. But the judge replied, “A person’s character cannot be assassinated without him being heard. If you reverse the process it can put an end to all the problems. Call a general body meeting.”
The case was posted for October 10.
Donor kin veto alone can’t stop organ gift to unrelated patient: Bombay high court
http://timesofindia.indiatimes.com/india/Donor-kin-veto-alone-cant-stop-organ-gift-to-unrelated-patient-Bombay-high-court/articleshow/16662915.cmsSwati Deshpande, TNN | Oct 4, 2012, 05.07AM IST
MUMBAI: In a landmark judgment, the Bombay HC has set aside a government panel’s decision to prevent a Madhya Pradesh flour mill owner from donating a kidney to his cousin, a goods loader, who is undergoing treatment at Jaslok Hospital. The government panel—the state authorization committee had rejected the cousin’s plea to donate because his own brother and minor daughters were opposed to his decision. The court has asked it to consider the man’s request again.
India’s transplantation law allows only close family comprising spouse, parents and children to donate organs. Unrelated donors require permission to give.
Bombay HC has clarified that the law on transplantation of human organs “does not confer an overriding veto on the next of kin of the donor” when the donor and donee are not close relatives.
The bond of love and affection even when not ‘near’ relatives is key to becoming a donor, it said. The court set aside the orders passed by the authorization committee.
A fact that was highlighted was that both men hail from a humble background—one is a flour mill operator earning Rs 150 a day and another a goods loader making Rs 6,000.
A bench of Justices D Y Chandrachud and Amjad Sayed held that the authorisation committee wrongly concluded that there was no bond of love and affection between the donor and donee after the brother and children of the donor, a single parent of two minor daughters, did not consent to the donation and the near relatives of the patient did not offer to donate. The Jaslok Hospital committee had approved the donation. The HC ruled that “views of the next of kin are entitled to deference but this is not to suggest that the committee, once a disagreement is expressed would have no power to take an independent decision based on the best interest of donor and recipient.” The judges said, “Ultimately, the committee has to take a judicious decision after considering all facts and aspects of law.” The court directed the committee to consider the case “afresh, expeditiously and to hold a fair inquiry into all facets of the law and facts.”
“There is always a risk involved in a transplantation procedure,” the HC said, adding, “But the degree of risk may vary from case to case based on medical condition of donor. The impact of a donation on the donor’s quality of life must be assessed and must be balanced with his desire to save a life.” It added that need to save a life is also significant from a public health perspective and directed that the “committee must realistically look at at our societal milieu to understand why a married daughter of a recipient may not be in a position to donate a her kidney to her father. These are indeed difficult question” The judges said, “The judge canot perform the role of God or an expert” and left the decision-making to the committee.
The HC pronounced the order on September 27, but the text of the judgment was made available only on Wednesday. It declared that the Transplantation of the Human Organs Act of 1994 which governs organ donation in India “balances the autonomy of an individual as decision maker with the societal interest in protecting family concerns. The Act seeks to bring a health balance between need for organ transplantations to save lives on one hand and public interest in ensuring that it does not become a facade for exploitation or organ trafficking.”
The case before the court, the judges said, “traverses medicine, social ethics and law and has profound human implications.” It gave rise to a delicate and sensitive issue of whether a single parent of two minor daughters Vijaykumar Sahu could be permitted to donate one kidney to Balmukund Sahu, his cousin—their fathers were brothers—on the grounds that they were bound by affection arising from their family dwellings in MP. Both lead modest lives. The patient is a goods-loader onto vehicles and earns less than Rs 6,000 per month.
The law in India, the court said, is aimed at saving lives and at preventing exploitation of people’s poverty, illiteracy and ignorance. The law thus allows “near relatives” defined as parents, husband or wife, children and grandparents to donate organs while alive. But it also allows a person who is “not a near relative” to donate organs out of affection or attachment or any special reason” but only after prior nod from a state-level committee. The committee is governed by certain rules and must make an inquiry to rule out commercial transactions between donor and donee and seek reasons why the donor wishes to donate.
The law requires the committee to apply its mind, said the judges, that affection is motivating factor. The HC said that the committee thus had to consider the explanation for the link between the donor and donee and can even rely on old photographs to prove the link. It has to ascertain that no tout is involved. The views of the donor’s kin is to ascertain that they are aware of the donor’s intentions.
The court held that in the present case the fact that the donee’s own relatives did not come forward to donate would not displace the affection between the donor and donee.
Rape victim critical after suicide bid at HC premises
http://timesofindia.indiatimes.com/city/delhi/Rape-victim-critical-after-suicide-bid-at-HC-premises/articleshow/16664438.cmsTNN | Oct 4, 2012, 08.32AM IST
New Delhi: A 35-year-old rape victim who allegedly tried to commit suicide inside Delhi high court premises on October 1 is battling for life at a private hospital in the Rohini area of northwest Delhi.
Police said the woman had collapsed after consuming an insecticide and was rushed to Ram Manohar Lohia hospital. Later, she was shifted to the ICU unit of another hospital.
Family members of the accused had allegedly threatened to kill the woman and her family if she didn’t withdraw the case.
One of her relatives said, “She had gone into depression after the incident. When she came to the high court for the hearing, she was threatened to take the case back. She went back to Sonepat but her husband disowned her. When she appeared for hearing on October 1, the brother of the accused asked her to turn hostile before the court. Unable to think of a way out, she thought of ending her life.”
A police source said that the victim, who belongs to Haryana, had received an interview call in 2011. The victim alleged that she was offered a cold drink laced with sedatives after consuming which she collpsed on the floor. The accused then raped herand threatened her with dire consequences if she disclosed the incident to anyone.
The man was arrested the same year after a case was lodged at Vijay Vihar police station.
toireporter@timesgroup.com
Sportsperson too can be nominated to Rajya Sabha: Centre to HC
http://www.hindustantimes.com/India-news/NewDelhi/Sportsperson-too-can-be-nominated-to-Rajya-Sabha-Centre-to-HC/Article1-939377.aspx
PTI
New Delhi, October 03, 2012
Sachin Tendulkar was nominated to the Rajya Sabha as per the constitutional provision which also allows induction of experts from the field of sports, government told the Delhi high court on Wednesday.
Additional Solicitor General Rajeev Mehra said the provision under Article 80 of the Constitution does not confine to inducting experts only from the fields of science, arts, literature and social services but also those from sports, education and other areas.
Mehra placed a copy of the affidavit, which was earlier filed in the Allahabad High Court on a similar plea against Tendulkar’s nomination to the Upper House, before the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw.
The senior counsel had told the bench earlier that the government has already taken a stand before the Allahabad High Court on the same issue and the copy of the affidavit would be produced for the court’s perusal.
The centre was responding to a PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Sachin’s nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
“A bare reading of the Article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the Article,” he said.
“The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism, parliamentary practice and procedure, public administration, agriculture, sports (wrestling) or other similar fields of human endeavour,” the affidavit said.
Setback for ATS as Bombay HC grants bail to alleged Maoists
Posted On Thursday, October 04, 2012 at 08:58:24 AM
The two, among seven members who were arrested in Pune last year for spreading the ideology of the banned organisation, have to report to the police every Sunday
Sunil Baghel In a setback to the Anti Terrorism Squad, the Bombay High Court (HC) on Wednesday granted bail to two alleged Maoists, who were among seven arrested from various parts of the State in April last year.
Justice Abhay Thipsay granted bail to Jyoti Chorge and Sushma Ramtekke for Rs 30,000 each and one or two sureties of the like amount. To ensure that they do not abscond, the court also directed them to attend their local police station every Sunday.
The ATS had accused Chorge and Ramtekke of being members of the banned Communist Party of India (Maoist), and of spreading its ideology as part of the Golden Corridor Committee, a panel formed to propagate its doctrine in urban centres. Both of them were held in Pune, after the arrest of Anjali Sontakke, alias Angela Teltumbde, who is alleged to be the secretary of the Golden Corridor Committee.
Apart from Chorge and Ramtekke taking a common defence stand that their names never reflected in the original FIR, Ramtekke’s main defence was that she was arrested simply because she was the roommate of Anjali Sontakke, and that she was found to be using aliases.
According to ATS, however, Ramtekke was a ‘dedicated member’ of the outfit and had used at least two false names — Shraddha Gurav and Madhavi More — while spreading the activities of the banned group. She has also been accused of providing logistical support to Anjali and attending group meetings.
Chorge’s bail application contended that the pro-Maoist material she was allegedly caught with did not belong to her, and that she had been and the friend are also accused in the case.
Chorge further said that she was arrested when she was about to hand over the bags to the other accused whom she was meeting for the first time. She was less than 19 years of age at the time of her arrest.
The ATS defended their case by citing statements from the chargesheet filed in May last year, and emphasising that the material recovered from both of them showed that they were active members of the banned organisation. However, the HC declined to accept their submissions.
School inferno: HC orders plastic surgeries for two children
http://www.business-standard.com/generalnews/news/school-inferno-hc-orders-plastic-surgeries-for-two-children/64084/
Press Trust of India / Chennai October 03, 2012, 22:25
Madras High Court today directed the Tamil Nadu Government to bear the expenses of proposed plastic surgeries on two children, who received serious burns in the 2004 Kumbakonam school inferno.
Passing interim orders on a miscellaneous petition, the court directed private Apollo Hospitals to perform plastic surgeries on Kausalya and Vijay “as soon as possible” and ordered Tamil Nadu Government to bear the treatment expenses.
Petitioner K Inbaraj, Secretary, Kumbakonam Fire Tragedy Victims Association, submitted that the consultant plastic surgeon of the hospital had said that the two children required plastic surgery and the entire cost of the procedures would be around 1.25 lakh each.
In its counter, the government said it had already paid an ex-gratia amount and also issued home pattas to families of victims.
Justice D Hariparanthaman, in his order said, “The payment of ex-gratia and issue of home pattas to families of the victims cannot absolve the government from granting medical aid to children, who received burn injuries.”
Pointing out that the counter has not stated anything on the treatment given to the children, the Judge said, “The 18 children received severe burn injuries at eight years of age. Denying medical treatment to children by the state is violation of Article 14 and 21 of the Constitution.”
“In these circumstances, Apollo Hospital is directed to admit these two children for surgery as opined by its consultant plastic surgeon and perform the surgery as suggested by doctor,” he said and posted the matter for October 8.
94 children were killed when a major fire swept through a private school in Kumbakonam on July 16, 2004.
HC stays LU students’ union polls
http://www.expressindia.com/latest-news/hc-stays-lu-students-union-polls/1011764/
Express news service
Posted: Oct 04, 2012 at 0452 hrs ISTLucknow A student challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination. Otherwise, the age as on the date of commencement of academic session is taken into consideration for all purposes, he said
The Lucknow bench of Allahabad High Court today stayed the elections of Lucknow University Students Union (LUSU), which were scheduled for October 15.
A bench comprising Justices Uma Nath Singh and Virendra Kumar Dixit passed the order on a petition of Hemant Singh, a student, who challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination.
His counsel Prashant Singh Atal said ordinarily, the age as on the date of commencement of academic session is taken into consideration for all purposes. But, as a result of this rule, the petitioner had become overage to contest the election.
The petitioner sought a direction to Lucknow University to consider his candidature for contesting the students union election by calculating his age as on the date of commencement of academic session.
“Other universities, including Delhi University and Hemvati Nandan Bahuguna University, Dehradun, have considered the age of the candidate as on the beginning of the academic session,” Hemant said.
The Lyngodh committee had recommended that elections should be held within 6 to 8 weeks from the date of beginning of the academic session. LU’s academic session started on July 16 but the election notification was issued on September 25, nine days after the recommended eight weeks’ time. “On September 27, I gave a memorandum to returning officer N K Pandey and others, but no action was taken,” said Hemant.
“The notification for election has been issued after eight weeks, and thus, the petitioner has stood disqualified to contest the election only on the ground of being overaged which should ordinarily be calculated as on the date of commencement of academic session,” said the bench.
“In the interest of justice the LUSU polls scheduled for October 15 as notified on September 25 needs to be stayed till the next date of hearing,” the court stated.
Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal
http://www.hindustantimes.com/Punjab/Chandigarh/Hoshiarpur-murder-case-HC-clears-way-for-hanging-two-convicts/SP-Article1-939350.aspx
Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012
The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.
However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.
Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”
Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.
The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.
Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.
With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.
The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.
However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”
HIV tests: HC seeks opinion of national body
http://timesofindia.indiatimes.com/city/ahmedabad/HIV-tests-HC-seeks-opinion-of-national-body/articleshow/16661472.cmsTNN | Oct 4, 2012, 01.50AM IST
AHMEDABAD: The Gujarat high court on Wednesday asked the National Institute of Biologicals to give its opinion on whether Polymerase Chain Reaction (PCR) test should be adopted instead of ELISA for reduction of window period in HIV check up during blood transfusion.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has roped in the national institute after it obtained response from the National Aids Control Organisation (NACO) and the controller of drugs.
The court has been making inquiry in this issue on the basis of a PIL filed by one Babulal Thakkar, who sought HC directions to authorities with claims that with adoption of PCR test instead of ELISA, the window period for check up could be reduced drastically.
The national institute has been asked to throw light on this aspect by October 19. Meanwhile, the high court has deleted Thakkar’s name from the PILs he filed in this regard after it was brought to court’s notice that he had sought registration of FIR against prime minister Manmohan Singh, UPA chairperson Sonia Gandhi and NACO director Satyen Chatterji for alleged corrupt practices.
The court has decided to continue with the PILs sans Thakker, who used to appear as party-in-person. The court has held that the issue raised by the petitioner was of very serious nature and concerns public interest.
HC seeks AG views on contempt proceedings against officials
http://www.business-standard.com/generalnews/news/hc-seeks-ag-viewscontempt-proceedings-against-officials/64087/
Press Trust of India / Jaipur October 03, 2012, 22:45
Rajasthan High Court today sought the Advocate General’s opinion on possible action it can take after finding state officials guilty of committing contempt of court during 2008 gurjar agitation for quota.
The Court was hearing the contempt petition filed by the government against Gurjar leader K S Bainsla who had led the stir.
The single bench of Justice M C Sharma had earlier issued contempt notice to former Chief Secretary D C Samant for his failure to comply with the court’s 2008 order asking the gurjar leaders not to disrupt law and order and the government to ensure its strict compliance.
Following this, government had filed the contempt petition against Bainsla and other Gurjar leaders.
The bench was of the view that while the gujjar leaders are guilty of flouting court’s order, at the same time the state government had also miserably failed to see compliance of court’s order and the entire chaos was outcome of failure of state machinery.
The bench had also asked the state government to withdraw the proceedings but the state government refused to do so.
The court today asked Advocate General G S Bapnah to frame opinion and inform it on November 5 as to what should be done by the court as it finds the officials guilty of contempt and also what were the reasons for the chaos that took place during gurjar agitation despite court’s order of peaceful demonstrations.
Residents move HC against school construction
http://www.indianexpress.com/news/residents-move-hc-against-school-construction/1011672/Express news service : Thu Oct 04 2012, 02:00 hrs
A group of residents of Oshiwara and Lokhandwala have approached the Bombay High Court against the setting up of an international school in the area.
The petitioners, the Oshiwara Lokhandwala Residents’ Association (OLCA), have a filed a petition which was heard before a Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar.
According to them, the construction of the school premises is being carried out on two adjoining Maharashtra Housing and Area Development Authority (MHADA) plots measuring 2,160 sq m and 3,850 sq m. They claim that these two plots were reserved for a municipal school, a common playground respectively and were open spaces.
Their petition further states that in response to their query, they received a MHADA response stating that both plots, though reserved, were leased to one Janata Education Society for 30 years in August 2008.
In July this year, the residents had taken out a protest march to voice their concerns on the issue. They claim that they have written several letters to authorities on the issue, but did not get any response.
The petitioners demand that the trust should be restrained from carrying out any further construction on the plot and restore the area to its original condition.
The court has now asked the state government and the trust to file their affidavits in response to the petition within three weeks.
HC grants pre-arrest bail to Karunanidhi’s relative
http://www.business-standard.com/generalnews/news/hc-grants-pre-arrest-bail-to-karunanidhis-relative/64099/
Press Trust of India / Chennai October 03, 2012, 23:25
Madras High Court today granted anticipatory bail to V M Jyothimani, son-in-law of former Tamil Nadu Chief Minister M Karunanidhi’s daughter Selvi, in a land fraud case with stringent conditions including Rs 50 lakh deposit in the lower court.
Passing orders on Jyothimani’s plea, Justice G M Akbar Ali ordered that he be released on bail in the event of arrest or on his appearance before the XI Metropolitan Magistrate, Saidapet, within 15 days from the date of receipt of the copy of the order.
He should also execute a bond for Rs one lakh with two sureties each for the like sum, the court said, Jyothimani shall deposit a sum of Rs 50,00,000 before XI Metropolitan Magistrate within a period of two weeks from the date of receipt of the order, it said.
He shall produce property security to the value of Rs 1.25 crore standing either in the name of the petitioner or his close relatives and also execute security bond to that effect, it said.
The petitioner shall appear before the police daily at 10 AM for a period of two weeks, the Judge said, adding he should produce all necessary documents, including bank statements, and cooperate with the investigation.
In his complainant to police, V Nedumaran of Valasarawakkam alleged that Jyothimani had promised to sell him 2.94 acre of land in Thalambur village for Rs 5.14 crore, after claiming to be the property’s power agent in 2007 but did not execute the sale.
Though Jyothimani received a cheque for Rs 3.5 crore as advance, he “did not come forward to execute the sale nor did he return the money,” the petitioner alleged, adding that instead the said property was sold to another person.
He further alleged that Jyothimani did not entertain phone calls made by him.
HC extends stay on felling of trees
http://www.deccanherald.com/content/282930/hc-extends-stay-felling-trees.html
Bangalore, Oct 3, 2012, DHNS:
The Karnataka High Court on Wednesday extended the stay on felling of trees for road widening within BBMP area and questioned the significance of the Tree Authority and the Karnataka Preservation of Trees Act.
The court was hearing a petition filed by the Environment Support Group (ESG) and a suo motu PIL initiated by the High Court, following a letter by Justice D V Shylendrakumar to the erstwhile chief justice in 2011. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna extended the stay and clubbed the petition with another suo motu petition, where the High Court, on September 4, 2012, had told the National Highway Authority of India (NHAI) that no trees shall be felled for road construction or widening on NH-218 passing through Bijapur, Humnabad and Gulbarga.
The petitioners cited BBMP’s claim that it had planted over eight lakh trees and contended that the Palike did not state where it planted the trees. They submitted that status of the planted trees was not known and the Tree Authority “was indiscriminately permitting the felling.” The Bench also questioned the Tree Authority’s significance. “Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuing a public notice so that objections can be invited. The Act does not provide any machinery in this regard,” the Bench noted.
“So far as the availability of an appeal is concerned, it seems to us that it may be futile in those instances where the tree officer grants permission to fell a tree. The public perception is that such orders are executed instantly and at night.”
Upholding the submission of the petitioners that members of the Tree Authority were “not satisfactory,” the Bench observed: “The Act does not seem to cater for such an eventuality. Further more, so far as the constitution of the feller body is concerned, it comprises three members such as mayor or president of the Municipal Corporation, the municipal commissioner or the chief executive etc, who are in effect the persons proposing the felling or keeping of a particular tree. This may amount to a person being a judge in his own cause and is an anathema in law.”
The matter has been adjourned.
No U-turn near mall on e-way: HC
http://timesofindia.indiatimes.com/city/chandigarh/No-U-turn-near-mall-on-e-way-HC/articleshow/16663202.cmsTNN | Oct 4, 2012, 05.45AM IST
CHANDIGARH: Taking up the issue of vehicular congestion on the Delhi-Gurgaon expressway, Punjab and Haryana high court on Wednesday issued orders prohibiting U-turn near Ambience mall in Gurgaon during rush hours.
As per the HC directions, no U-turn will be allowed near Ambience mall between 8 am and 11 am in the morning hours and from 5 pm to 8 pm during evening hours. The HC has asked Haryana Police to block the U-turn.
When the matter came up for hearing before the high court, Gurgaon police informed the court that the situation has not improved at the toll plaza and traffic jams and chaos are back. Gurgaon police has also reiterated it earlier stand that the location of the toll plaza is not appropriate and its design is also faulty. Police also alleged that underpasses/bridge at the expressway are not maintained and due to faults around 200 persons have lost their lives while around 306 has been injured in the past two years.
The issue of payment to the police was also raised, following which the concessionaires submitted that they would agree on the amount settled by the court. Assistant commissioner of police Ravinder Kumar, who was also present in the court, pleaded the court for implementation of the rule that if waiting time of vehicles in queue in any lane exceeds 10 minutes the barrier of that lane should be lifted to reduce the waiting time.
During the hearing of the case, one Attar Singh, claiming to be representative of Toll Hatao Samiti, tried to intervene in the matter but the court refused to entertain his pleas and adjourned the matter for October 8.
During the last hearing on September 28, the Punjab and Haryana high court had ordered that no toll should be collected from private vehicles during peak office hours in the morning and evening. As per the orders, there will be no collection of toll from 8.30am to 10am and again from 5.30pm to 7pm. Now the same orders would continue till October 8.
Earlier on September 4, after pulling up the expressway operator for failing to put an end to chaos at the toll plaza, the HC had barred toll collection from all private as well as commercial vehicles on the stretch. The direction to stop toll fee collection came after the Gurgaon traffic police informed the court that the concessionaire was responsible for the chaos at the expressway because it had not hired enough staff to deal with traffic.
Raze 3,000 houses in a month: HC
http://timesofindia.indiatimes.com/city/jaipur/Raze-3000-houses-in-a-month-HC/articleshow/16664169.cmsAbhinav Sharma, TNN | Oct 4, 2012, 07.59AM IST
JAIPUR: An HC division bench of Chief Justice Arun Mishra and Justice Meena V Gomber came down heavily on the JDA, JMC and RHB for their failure in complying the order of the bench to remove encroachments falling in the Amanishah Nullah. The court ordered demolition of more than 3,000 dwelling units said to be encroaching on the 13km stretch of the nullaha falling in JDA and JMC region with some segregated constuctions in Mansarovar Housing Board area.
The bench also initiated contempt proceedings against former CEO of JMC, Loknath Soni for not taking any action in the last one month despite court’s order to remove encroachments. The bench has also directed the state government to taken action within 10 days against guilty officials who allowed illegal constructions or granted permission for construction and the land conversions in the catchment area and inform the court during next hearing after 15 days.
The court however, refused to extend time limit for compliance to 6 months as sought by JDA and asked that all the 3,000 or more houses that have been built in the water flow area of the original nullaha should be razed in one month.
The court also asked JDA, JMC and RHB to issue notices to the encroachers to remove their dwelling units and make paper publication of the proposed action of demolition of their houses in newspapers.
The bench recorded statements of Arvind Arya, superintending engineer of JDA, J S Yadav, CEO of JMC and A A Khan, deputy housing commissioner and expressed displeasure over the slow pace of removal of encroachments. It was submitted by JDA officials and senior advocate R N Mathur appearing for JDA that due to public resentment officials were stopped from taking any steps.
The court was told that out of a total 48km stretch of the nullah only 39km falls in JDA region and out of this 170 encroachments have been removed and only a 6km thickly populated stretch remains. On a query raised by court it admitted that around 800-1,000 houses are there in this region.
Similary, JMC said that only 7km area of the nullah is in its purview where more than 2,000 houses are within or near the catchment area of the nullah but no single house was served with the notice in the last one month owing to JDA not demarcating the central line. The housing board said there is no encroachment in the 6.5km stretch of nullah passing from Pratap Nagar and Mansarovar except that of Neerja Modi School which has already been demolished by JDAJDA. There is hardly any requirement of a central line except in a small stretch. The body language of officials speaks volume in itself showing they are under tremendous pressure and they do not seems willing to follow our orders. We know how to get the orders complied with,”observed Justice Mishra.JDA, Justice Mishra observed, “You are yourself responsible for this situation. You have allowed them to erect illegal constructions. You are trustee of this public land and now you say we cannot remove encroachments. Can this be a sensible statement? We record our strong displeasure over the fact that a large number of encroachments are still holding ground.”
HC orders status quo on memorial of spiritual leader
http://www.indianexpress.com/news/hc-orders-status-quo-on-memorial-of-spiritual-leader/1011751/0
Press Trust of India : Mumbai, Thu Oct 04 2012, 04:26 hrs
The Bombay High Court has granted a status quo on the memorial of Maharashtra’s spiritual leader Dr Nanasaheb alias Narayan Vishnu Dharmadhikari, proposed to come up in Alibag taluka of Raigad district at a cost of Rs 20 crore.
The status quo was granted last week by a Bench headed by Justice A M Khanvilkar who heard a petition filed by some villagers of Bamangaon group gram panchayat in Alibag taluka alleging unlawful acquisition of a 12-acre land by the state government without following procedures.
Dharmadhikari, who died in Pune in 2008, has a huge following in the state. He had devoted 60 years of his life in public service in Raigad district on the Konkan coast of Maharashtra.
On March 28, 2011, the urban development department had directed the Raigad collector to take possession of the land. On the same day, the collector took possession of the land and made entries in the land record, the petition filed by Ashok Raut and Prabhakar Raut alleged.
The petition has taken objection to the acquisition of land for erecting memorial for the spiritual leader, saying the land is currently used for grazing cattle and this practice has been going on for ages.
Also, proper procedures were not followed in land acquisition, it alleged.
The petition argued that the collector had not given a hearing to the villagers on the acquisition of land, against the principle of natural justice, adding that the decision violated their fundamental rights.
They cited a rule that if the possession of land is with gram panchayat, the government can acquire it only if the land is needed for a national or state development project, provided the gram panchayat does not require the land.
The petitioners had urged the court to quash the urban development department’s order and grant a status quo on the project.
HC stays construction of residential projects in Noida
http://www.indianexpress.com/news/hc-stays-construction-of-residential-projects-in-noida/1011770/Express news service : Allahabad, Thu Oct 04 2012, 04:57 hrs
The Allahabad High Court today stayed the construction of multi-storey residential projects of nearly half-a-dozen private developers in sectors 75 and 120 of Noida, while hearing a petition alleging that the Noida Authority allotted land to private builders without formally acquiring it from the farmers.
The court has given two weeks time to the respondents to file their replies. The matter will come up for further hearing after three weeks. A division bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel said that the allegations made in the petition raised a question of law as to whether any public authority had the power to allot land to a third party without first acquiring it from the land owner.
The petition filed by Kalu, a farmer of Sarsabad village, through counsels Shiv Kant Tripathi and Amrita Rai, said that on April 7, 2011, a notification under Section 4 (indicating the intention of the Authority concerned to acquire land) of the Land Acquisition Act for 120 hectares in Sectors 75 and 120, falling in Sarsabad village, was issued.
Nearly six lakh square metres of land, which is roughly half of the total area for which the notification was issued, was allotted to different builders between 2010 and 2012 without the acquisition process being complete, said the petition.
“Our contention is that 17 months after the notice under Section 4 was issued, the acquisition process has not moved forward. Under the norms, the notice under Section 6 (pertaining to finalising the plots to be acquired) of the Act should have been issued within a year. Also, our main objection is land could not be allotted to private builders before it was acquired from farmers,” said Mishra. He added that all the private developers involved have begun construction on the allotted land.
HC to hear plea against land acquisition on Oct 15
http://timesofindia.indiatimes.com/city/pune/HC-to-hear-plea-against-land-acquisition-on-Oct-15/articleshow/16663326.cmsVishwas Kothari, TNN | Oct 4, 2012, 06.00AM IST
PUNE: The Bombay high court is likely to hear on October 15 a couple of writ petitions challenging the acquisition of the 20-acre private land at survey no 245 in Lohegaon by the Pune district administration to facilitate the extension of runway at the Indian Air Force’s (IAF) Lohegaon airfield.
The acquisition process was completed on March 5, 2011 by way of invoking the urgency clause under section 17 of the Land Acquisition Act, 1894 and the land has since been handed over to the Defence Estate Officer (DEO), Pune.
However, the runway project, which was sanctioned by the Union government almost a decade ago, has since been bogged down by a spate of litigations in the high court as well as in the civil court in the city.
K M Talera, owner of a private resort that owns the acquired land, has filed the writ petition challenging the legal validity of the acquisition process. The petitioner has sought the high court directives to quash and set aside the acquisition and hand the land back to him. Another writ petition, filed by the Ex-servicemen Association of Lohegaon has been clubbed with this matter.
At the last hearing on July 31, the high court division bench of justices S A Bobde and Mrudula Bhatkar had granted time to either parties for conveying their willingness for mediation to resolve the issue.
Speaking to TOI, Talera said, “We have challenged the land acquisition on the grounds that the process was not effected by a competent authority, as laid down under the Land Acquisition (LA) Act, 1894 that is applicable to the central government. The acquisition has been done under the LA Act, 1894 that is applicable to the state government. This should not have been the case as the acquisition purpose is for a central government establishment. It is also our case that the purpose of acquisition of our land is malafide and the land comes nowhere near the runway.”
T S Arockianathan, the then DEO, Pune, has filed an affidavit in reply maintaining that the acquisition of land was completed under the LA Act, 1894 as applicable to Union of India, in due compliance with all the legal procedures and following due process of law. “It is a normal practice that when the land, which is subject matter of a particular state, is to be acquired by the central government for a public purpose, a requisition / demand is raised to the concerned state government machineries. Accordingly, Pune Divisional Commissioner and the special land acquisition officer has the authority and jurisdiction for the acquisition of the land,” the affidavit states.
On December 3, 2003, the Union government had sanctioned acquisition of the 20 acre private land at survey no 245 in village Lohegaon for extension of runway and construction of a soft ground arrester at a cost of Rs 7.54 crore. A demand for land acquisition was placed before the Pune district’s land acquisition officer by the DEO, Pune on March 10, 2004. However, the acquisition proceedings could not go further till early 2007, prompting the Ministry of Defence to write to the then state chief secretary, B K Sankaran, to speed up the acquisition process. Subsequently, the Pune divisional commissioner had issued a couple of notifications on February 13, 2007 and on September 28, 2007, the latter invoking the urgency clause, to facilitate the acquisition.
Delhi HC relief to Bharti Airtel: Ban on 3G roaming pacts stayed
http://www.indianexpress.com/news/hc-to-appoint-more-mcoca-judges/1011687/0
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days
BS Reporter / Oct 04, 2012, 01:00 IST
In a major relief to 3G subscribers of Bharti Airtel, the Delhi High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.
The Delhi HC has asked the department of telecommunications (DoT) to not take any coercive action until the next hearing of the case. This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh, Kolkata, Uttar Pradesh East, Gujarat, Kerala and Haryana- where it does not have 3G spectrum, but offers 3G services through roaming pacts. The date for next hearing has not been decided.
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.
Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.
In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.
However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India) Director-General Rajan Mathews “This (stay on DoT notice) is a good move. Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.” On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation (3G) mobile services through roaming pacts outside its licensed circles.
DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular.
Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.
In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum. Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.
Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles. Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles. While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles. The number of circles where 3G spectrum was auctioned is 22.
Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.
DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). Tata Teleservices and Aircel was also party in the petition filed by the telcos.
A two-member bench of TDSAT in July gave a spilt verdict on the matter. While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.
Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.
Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.
Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange.
High Court seeks details ofposts for JPNAIIMS
http://timesofindia.indiatimes.com/city/patna/High-Court-seeks-details-ofposts-for-JPNAIIMS/articleshow/16661827.cmsTNN | Oct 4, 2012, 02.35AM IST
PATNA: Patna high court on Wednesday directed the central government to submit details of the posts of doctors, teachers and paramedical staff for the Jaya Prakash Narain All India Institute of Medical Sciences (JPNAIIMS). The Centre also has to give the particulars of the doctors already appointed for the JPNAIIMS.
A division bench comprising Justice P C Verma and Justice A K Trivedi also directed the Centre to give particulars of the outpatient departments (OPDs) to be opened at the JPNAIIMS. The order was passed on a PIL of Council for Protection of Public Rights and Welfare.
Unhappy with the submission made by the counsel of the contractor firm, M/s B L Kashyap and Company that the construction of the JPNAIIMS hospital would be completed by May next year, the division bench directed the contractor to give undertaking that it would complete the hospital building by December 31, 2012, and hand over the building to JPNAIIMS functionaries to make the hospital functional from that day.
The contractor claimed that 90% of the hospital building had been constructed. The court, however, directed the advocates’ committee comprising the standing counsel Shashi Bhusan Kumar, petitioner’s counsel Brajesh Kumar and central government counsel Vinay Kumar Pandey, to inspect the site and submit the progress report.
The court directed the principal secretary, state building construction department, Bihar to start construction of the boundary wall of Guru Gobind Singh Hospital, Patna City. Standing counsel Shashi Bhushan Kumar submitted that the government had released Rs 1.87 crore for construction of its boundary wall.
The court directed the Bihar State Electricity Board (BSEB) to ensure uninterrupted power supply to Guru Gobind Singh Hospital. The court also directed the principal secretary, road construction department, and SSP, Patna, to take appropriate action for smooth flow of traffic on the road leading to the hospital.
PIL for doctors’ appointment: A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh recently directed the state government to file counter affidavit to a PIL giving details of the number of vacant posts of doctors in government hospitals right from the medical colleges and hospitals down to the additional primary health centres (APHCs). The court also directed the government to give details of availability of medicines in the government hospitals down to APHCs.
The court gave eight weeks time to the government to give details of the vacant posts of doctors in government hospitals. Petitioner Dhirendra Kumar has made the health department officials and all the district magistrates and civil surgeons of the state respondents seeking from them the details of the number of vacant posts in the medical colleges and hospitals, sadar and subdivisional hospitals, primary health centres (PHCs) and APHCs.
Petitioner’s counsel Sunil Kumar submitted that 60% posts of doctors in the government hospitals, PHCs and APHCs were lying vacant and due to this the existing doctors and paramedical staff were unable to cope with the workload.
11 child labourers rescued in Gumla
http://timesofindia.indiatimes.com/city/ranchi/11-child-labourers-rescued-in-Gumla/articleshow/16663760.cmsTNN | Oct 4, 2012, 07.01AM IST
GUMLA: A team of government officials here rescued as many as 11 child labourers from different places here on Wednesday.
Seven people, who had employed the children in their trade will be prosecuted and a fine of Rs 20,000 will also be slapped on them, said labour superintendent Ramesh Prasad Singh.
All these children hailing from different localities of the township were handed over to the Child Welfsare Committee (CWC), Gumla.
Some of these children showed their willingness to go back to school before district social welfare officer (DSO) Gumla- Girija Shankar Prasad who led the raid team soon after they were recovered.
Prasad took these children to his office where the children asked him, “Sir, will you teach us?”.
“We raided seven places from where 11 children engaged in different menial jobs were recovered. They were working in a hotel, two hand carts and four garages. Now we will hand them over to Child Welfare Committee (CWC).” Prasad said.
These children will be under protection of the CWC Gumla and those who are willing to study will be enrolled under formal schooling, said its chairman Shambhu Singh.
Presently these children will be lodged in a school for hearing and speech impaired here.
After verification from their parents, further action for their rehabilitation will be taken, he added.
Govt proposes national centre to regulate chemical industry
http://www.business-standard.com/india/news/govt-proposes-national-centre-to-regulate-chemical-industry/488428/
Anindita Dey / Mumbai Oct 04, 2012, 00:36 IST
The ministry of chemicals and fertilisers had proposed to set up a national chemical centre to formulate environment and human-friendly policies and contain risks posed by chemicals.
This is aimed at streamlining legislation governing the industry and making entities concerned responsible for their acts. The industry, at present, is governed by multiple legislations under several ministries — the Environment Protection Act, 1986; Factories Act, 1948; Motor Vehicles Act, 1988; Explosives Act, 1884; Disaster Management Act, 2005; CWC Act, 2000 and Land Acquisition Act, 1894.
“What we need is a REACH (registration, evaluation, authorisation and restriction of chemicals) legislation enacted in the European Union for protecting human health and environment. The Sustainable Policy and Chemical Act could replace 40 different environment-related legislations. Besides, there are no specific legislations for registration, ban and classification of substances,” said an official source.
For this, the proposed centre would provide necessary regulatory framework, trade practices, duty structure and maintain an inventory of the chemical sector containing data on production, consumption, imports, exports and toxicological properties.
It also envisages setting up of the Chemical Standard Development Organisation under its jurisdiction to facilitate the industry to comply with international standards. The objective of these changes are primarily to increase exports and position India as the research and development hub for the sub-continent.
Exports have been affected by different guidelines across countries, specifically in Europe. Though chemical exports (drug and pharma, dye/intermediates/inorganic/organic and cosmetic/toiletries) grew by 34 per cent year over the year, much of the increase in CY12 has been due to rupee depreciation rather than actual volume because quantity-wise there has been only marginal increase in exports across categories. Also, there is need to diversify into speciality chemicals rather than focus on organic chemicals to exploit export opportunities.
For this, consolidation is necessary.
The government proposes to provide financial assistance for chemical companies for consolidation of smaller capacities and establish clusters by shifting downstream capacities closer to mother plants .
CCI set to get search and seizure powers
http://timesofindia.indiatimes.com/business/india-business/CCI-set-to-get-search-and-seizure-powers/articleshow/16663755.cmsSurojit Gupta, TNN | Oct 4, 2012, 07.00AM IST
NEW DELHI: The government is set to give search and seizure powers to the Competition Commission of India (CCI) to help it investigate companies indulging in unfair trade practices.
Sources said it is one of the most significant elements in the amendments being proposed to the Competition Act, 2007 that would be discussed by the Union Cabinet on Thursday. The move will help the director general (investigation), who is attached to the CCI, to get information from companies that are not cooperating.
A probe by the DG is at the heart of most orders passed by CCI as it helps establish if a firm or an industry is indulging in unfair practices. Often, in the absence of data from companies investigation is hampered, officials said. As a result, the DG is now being given powers under the Code of Criminal Procedure with the safeguard that search and seizure can be done after getting a nod from the CCI chairman.
If the move on search and seizure is aimed at improving the quality of investigation by the fairplay watchdog, the government is also looking to provide protection to intellectual property systems of companies and other entities that deal with CCI.
In addition, in a move to help hasten mergers and acquisitions, the government is proposing in that a proposal would be deemed to be approved within 180 days, instead of 210 days prescribed at present. Currently, all M&As over a specified value have to be approved by CCI to check against creation of mega enterprises that dictate market terms. In fact, the law empowers CCI to seek an investigation to find out if a proposed combination is against the interests of consumers or not.
Similarly, companies can now hope to get an extension of 180 days, instead of 90 days, provided in the law at present as there is a proposal to amend the law to give more time if an extension is sought. Although the Competition Act has been in place since 2007, CCI decided to use the powers to clear M&As only last year. The law also empowers the regulator to ask companies to divide their business into multiple units in case it is felt that the entity has assumed a dominant position in the market.
Rent act a damp squib, doesn’t cover existing tenancies
http://www.indianexpress.com/news/rent-act-a-damp-squib-doesn-t-cover-existing-tenancies/1011668/0Chitleen K Sethi : Chandigarh, Thu Oct 04 2012, 01:58 hrs
Seventeen years after it was passed by the Assembly, the Punjab Rent Control Act-1995, which is now going to be finally implemented, brings no cheer to those looking forward to it the most. The Act is going to be implemented prospectively — from the date of notification — and will protect the interests of only those landlords and tenants who sign rent agreements and deeds after the date of notification.
Thousands of landlords and tenants who are embroiled in protracted litigation for decades over the payment of ludicrously low rents in old city markets will not get any relief under this Act. Sources said the move comes in wake of immense pressure on the SAD leadership by the BJP, which has a major vote bank among shopkeepers in towns.
Though the cabinet on Tuesday had adopted the 1995 Act per se, which extends to existing tenancies, it has been decided that the Act be amended the day it is notified to state that it will not be applicable to existing tenancies. The amendment will then be passed as an ordinance and only then will the Act be implemented.
Parts of Section 3, 6, 7 and 9, which allowed existing landlords to demand a certain minimum revised rent from the tenant will removed from the 1995 Act. Existing landlords cannot move the rent authority, which will be constituted under the Act for relief in older cases. They would continue to be governed by the Eastern Punjab Rent Restriction Act-1949.
While this renders the Act useless for those landlords who are already stuck with low rents, it is expected to make the tenancy laws stricter for the future. The new Act provides for a compulsory registration of the tenancy agreement between the landlord and the tenant.
Also, the implementation of the Act will help the state get its share of JNNURM funds. Existence of rent control laws is one of the several reforms to be carried out by the states to be eligible for JNNURM funds.
Since the Act is going to be implemented from the day it is notified, the cabinet has also done away with the limit of Rs 2,000, which had earlier been set as the cut-off rent amount for the implementation of the Act. The 1995 Act had laid down this limit as Rs 1,500 to Rs 3,000 depending on the area where the property is located. However, the Act will be amended to exclude any such limit.
The Punjab Rent Control Bill was passed by the Assembly in April 1995 and got the President’s assent in 1998. However, the Act was never notified.
The Act arms the landlord with legal teeth to evict tenants. The strong tenant lobby, however, has been opposing Act for years on the grounds that it will lead to an increase in rents. The BJP has been airing the cause of the tenants and objecting to the notification of the Act.
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Legal News 04.10.2012
Posted on October 4, 2012 by advocatekamal | Edit
M’rashtra gets notice on farmers’ suicides
http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html
Mumbai, Oct 3, 2012, DHNS:
565 cultivators took their lives since January 2012
The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.
Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.
Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”
Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.
The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.
According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.
“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.
“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.
Roy Mathew
Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.
Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.
Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.
It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.
Advocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases
Posted On Thursday, October 04, 2012 at 02:04:36 AM
A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.
Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law - even in Qasab’s case.
Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?
Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.
Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.
Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.
Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.
The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.
Given that the death penalty exists in India, doesn’t Qasab deserve it?
An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?
How else can Qasab be punished, given the enormity of his crime?
Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.
Do you feel Qasab deserves mercy?
I think all of us - the best and the worst - are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.
As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.
Our Bureau
New Delhi, Oct. 3:
Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.
Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.
One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.
Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.
The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.
thomas.thomas@thehindu.co.in
Centre plans one tribunal for all inter-state water disputes
http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/
Press Trust of India / New Delhi October 03, 2012, 20:05
Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.
The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.
“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.
He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.
Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.
He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”
Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.
The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.
The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.
After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur.
However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
“We, therefore, set aside the impugned order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.
Rs 30.58 Lakh for accident victims’ family
http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx
PTI
New Delhi, October 03, 2012
The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the
vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.
“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.
According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.
He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.
Oct 04, 2012 |
The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.
Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09
AJIT PATOWARY
GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.
The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.
North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.
“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.
On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.
On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”
The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.
Special Correspondent
Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.
The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.
After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.
Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.
Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.
Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.
“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.
“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.
Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.
Sharan appointed NCW Member Secretary
http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/
Press Trust of India / New Delhi October 03, 2012, 15:05
Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).
Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.
The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre
Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.
He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.
The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.
Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..
TNN | Oct 4, 2012, 02.10AM IST
HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.
The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.
The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.
He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.
Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.
The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.
Legal Correspondent
Honororium for him and Gaurav Agrawal will go to kin of slain policemen
The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.
A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.
(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)
After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”
It’s Judicial Academy
The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.
The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”
PTI Oct 3, 2012, 07.20PM IST
NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.
Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.
“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.
A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.
Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”
The petitioners sought removal of 13 minutes video clip/trailer from You Tube.
Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.
According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.
Spy funds used in PIL against army chief?
http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx
Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012
New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh
A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical
Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.
The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.
Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.
Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.
Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”
During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.
The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.
The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.
Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.
Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.
The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.
TNN | Oct 4, 2012, 07.46AM IST
ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.
President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.
On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.
He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.
Tiger numbers have risen, insists Centre
http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html
New Delhi, Oct 3, 2012, DHNS:
The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.
Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.
Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.
He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.
Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.
During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.
This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.
“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.
“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.
However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.
KNPP Stir: TN Govt Rejects Charges of Police Excesses
http://news.outlookindia.com/items.aspx?artid=777157
Madurai | Oct 03, 2012
Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.
It also denied having blocked essential commodities reaching the anti-nuclear protestors.
Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.
They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.
He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.
The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.
Pressing for a judicial probe, he alleged police had trespassed into houses and a church.
The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.
He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.
Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.
The judges after hearing counsels, posted the case for hearing tomorrow.
Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs
A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.
Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.
TNN | Oct 4, 2012, 02.24AM IST
KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.
The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.
In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.
Oshiwara residents move court to save open space
http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.
The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.
The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.
They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best price.
In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.
In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.
The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.
However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.
Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.
NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)
The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.
The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.
The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.
Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.
Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.
The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.
“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.
The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”
The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”
The case will now be taken up on 9 October.
DNA | Oct 04, 2012, 04:09AM IST
Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight.
Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola.
During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers.
However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days.
Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday.
Dhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST
NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.
A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.
“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.
The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.
The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.
Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.
The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.
In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.
In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”
The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.
The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.
It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”
Failure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime
Vidya Krishnan
First Published: Wed, Oct 03 2012. 11 16 PM IST
Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint
New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.
Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.
The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.
The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.
Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.
“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.
According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.
“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).
Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.
“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.
“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.
The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.
TNN | Oct 4, 2012, 02.05AM IST
AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.
Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.
The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.
It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.
The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.
“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.
Supreme Court verdict on CAG mandate: A step in the right direction
http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html
MG Warrier | 03/10/2012 12:15 PM |
The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements
The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.
On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.
For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team. By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.
The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.
The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.
The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.
The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.
A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.
As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.
The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.
Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.
Mumbai Mirror Bureau
Posted On Thursday, October 04, 2012 at 02:04:36 AM
In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.
A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.
Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.
Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.
To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.
He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.
Santosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST
NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.
Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.
Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.
He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.
Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.
Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.
While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.
During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.
October 4, 2012
Trichy
A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.
According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.
The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.
In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.
Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.
When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.
Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.
The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.
NDTV | Updated On: October 04, 2012 10:53 (IST)
The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.
Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.
Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.
The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.
Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.
In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.
The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.
“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.
The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.
Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.
When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.
The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.
When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.
In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.
Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.
Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA. The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.
Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”
The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.
In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”
If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.
Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.
With inputs from agencies
TNN | Oct 4, 2012, 02.01AM IST
NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.
The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.
The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.
Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.
Cash for bail: Former CIA inspector shifted out of Panchkula
http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx
HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012
Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.
Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.
As per the FIR, on the day of arrest, 9kg opium milk (which can be converted into 36kg opium) was also recovered from the rented accommodation of accused in Sector 15 on the disclosure of the accused.
Rai submitted that Parveen claimed having procured the bail order by spending Rs. 37 lakh and was now alluring other persons to pay money to get relief from various courts with the help of police officials, who would give false information to the court.
On May 23, the court of additional district and sessions judge Sanjay Sandhir had dismissed the bail application of Praveen on the ground that huge quantity of opium was recovered; he was stated to procure opium milk from Madhya Pradesh to churn it into opium and another case for drug peddling was also registered against him in Panchkula.
But in the high court on July 27, the court was informed that the challan was not filed even though it was filed in the lower court. It was not contested that the quantity of opium was commercial and there was no other conviction of the accused. ASI Surjeet Singh, then posted with CIA, and head constable Yog Bhyan were present in the court. They have also been shifted out of Panchkula to Sunaria.
“The DGP has ordered the transfers,” said DCP Parul Jain. On the pending arrest of drug peddler Parveen, she said the police were making every effort to nab him.
Meanwhile, the CBI is yet to start investigations in the case.
Case history
January 26: Parveen Kumar and accomplices Harvinder Singh and Jora Singh arrested with 4kg opium
January 26: Nine-kg opium milk recovered from the Sector-15 rented accommodation of accused
May 23: Additional district and sessions judge Sanjay Sandhir rejects Praveen Kumar’s bail application
July 27: High court informed challan not filed, paving way for bail for Parveen Kumar
September 18: High Court cancels Parveen Kumar’s bail, accused missing
S Ahmed Ali, TNN | Oct 4, 2012, 06.29AM IST
MUMBAI: The murders of starlet Laila Khan and five of her family members were planned at least three months in advance, says the chargesheet.
The crime branch on Wednesday filed the 984-page chargesheet in the sessions court, stating that prime accused Parvez Tak killed the six family members with the help of his wanted aide, Shakir Hussain. Tak is the third husband of the starlet’s mother, Saleena.
A junior engineer, a surveyor of the Igatpuri Nagarpalika, a JCB owner, a butcher and two car drivers are among the nine witnesses who have testified against Tak.
In his statement, Tak said he got a pit dug up at Laila’s Igatpuri farmhouse in December 2010 and waited for a few months for her family members to gather there. The six victims were eventually killed in February 2011, days after they went missing from Mumbai. The police have added the statement of Gufran Choudhary, the JCB owner, to the chargesheet to support the theory that the murders were planned and not committed in a fit of rage. Choudhary said Tak hired his JCB in December 2010 and paid him Rs 2,800 to dig the pit. Incidentally, three days after the crime branch recovered the six skeletons from the farmhouse on July 10 this year, TOI had reported how police officials suspected that it was a well-planned murder.
The police are awaiting the DNA reports of the six bodies recovered from the pit. Two knives, an iron rod, two spades, the torn clothes of the deceased, the post-mortem reports and some gold ornaments—including four rings—have been annexed to the chargesheet.
Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony, said investigating officer Deepak Patangre. He added that they will add the DNA reports once they get them from the FSL.
Junior engineer Yashwant Tathe, water surveyor Mohan Shirshat and butcher Shamsher Khan told the police that they hadseen Tak and Saleena hours before the murders on February 8. Tak had taken Saleena to the nagarpalika office to file an application for a water connection. On the same day, the duo went to the butcher to buy 3kg of mutton.
“Tak felt that Saleena lived an ‘un-Islamic’ life and also suspected her to be indulging in adultery. When Tak learned about Laila and her family’s plans to migrate to Dubai and give the powerof-attorney of her properties to Saleena’s second husband, Asif Shaikh, he felt frustrated and humiliated. He then decided to put an end to the chapter,” said Himanshu Roy, JCP (crime ).
The police suspect that Hussain is in Doda.
Starlet case chargesheet
Who is Laila Khan?
Laila, whose original name was Reshma Patel, was born to Saleena and Nadir Patel in Malad. She is best known for her role opposite Rajesh Khanna in Wafa: A Deadly Love Story
The disappearance
Laila, her mother Saleena, siblings Azmina, Imran & Zara, and another relative, Reshma Khan, went missing from Mumbai in February 2011, after which her father filed a missing complaint with the Oshiwara police
The recovery of two MUVs belonging to the starlet—a Mahindra Scorpio and a Mitsubishi Outlander—from Jammu & Kashmir this year triggered speculation that she could be in that state
Another theory that did the rounds said she was in Dubai with her ‘husband’, Sonu
Tak and the revelations
Parvez Iqbal Tak (inset), a road contractor from Kishtwar in J&K and the third husband of Laila’s mother, emerged as the prime suspect in the case after the seizure of the two MUVs
Tak told interrogators that he killed Laila and her five family members at her farmhouse (pic above) in Igatpuri on February 8
Shakir Hussain, an accompliceof Tak’s, was also involved in the murders. He was made caretaker of the farmhouse in December 2010
Tak and Hussain go to the family’s Oshiwara flat to fetch Laila’s six pet cats. They also remove photographs from an album before returning to Igatpuri. They then hire two drivers, Mahboob Shaikh and Johny Girdar, and leave for Kishtwar in Laila’s Scorpio and Outlander
What led to the killings?
The police said Tak felt Saleena lived an “un-Islamlic” life and suspected her to be indulging in adultery When he learned about the family’s plans to migrate to Dubai and give the power-of-attorney of her properties to Saleena’s second husband, Asif Shaikh, Tak plotted the murders
The evidence and witnesses
The Scorpio and the Outlander, which have been brought back to Mumbai Two knives, an iron rod, two spades, the torn clothes of the deceased, mobile records, post-mortem reports and some gold ornaments Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony
http://www.indianexpress.com/news/ias-officer-granted-bail-in-molestation-case/1011463/0
Agencies : Lucknow, Wed Oct 03 2012, 21:08 hrs
A senior IAS officer in the Uttar Pradesh government, who was arrested on charges of attempt to rape and molesting a Delhi-based woman in a train, was today granted interim bail by a local court here.
Sessions judge K K Sharma granted interim bail to IAS officer Shashi Bhushan Sushil up to October 6 on an application moved on his behalf, court sources said here.
Sushil, Special Secretary in the Technical Education Department, was arrested on Monday and a case under IPC section 354 (assault or criminal force to woman with intent to outrage her modesty) was lodged against him following a complaint by the woman, a senior IT executive, Government Railway Police (GRP) officials said.
The 2001-batch officer was also booked under IPC sections 376 (rape), 511 (attempt to commit offence) and 506 (criminal intimidation) under which he can be imprisoned for life.
According to the FIR lodged by the mother of the woman travelling with her, the officer, who boarded the second AC coach from Ghaziabad, indulged in obscene acts and the conductor and train escorts were duly informed.
The FIR was lodged with the GRP by the woman.
Bhushan was detained after the train reached Charbhagh railway station and police interrogated him for four hours before arresting him.
Refuting the molestation charge, the officer claimed that he had got into a verbal duel with the woman after she made a casteist remark against him.
The officer was later suspended by the Uttar Pradesh government.
The government has also removed inspector GRP Anil Rai who allegedly tried to delay the matter and impose less stringent sections in the FIR though the home department refuted the charges.
Sushil was later produced before a local Railway court which remanded him in judicial custody for 14 days.
Chief Minister Akhilesh Yadav had said no one would be spared and strict action would be taken against those showing disrespect to women.
Delhi Police officer ‘forges’ court record, let off
http://www.deccanherald.com/content/282920/delhi-police-officer-forges-court.html
New Delhi:Oct 4, 2012 PTI
A sessions court has discharged a Delhi Police inspector in a complaint initiated by a magisterial court for allegedly forging the court record of a case.
Additional Sessions Judge Narinder Kumar discharged H S Chauhan, an inspector in Delhi Police, who was summoned as accused along with ASI Puran Chand by court of additional chief metropolitan magistrate on a complaint made by the chief metropolitan magistrate for allegedly forging court record in a 2006 case under the Prize Chit Money Circulation (Banning) Act.
“The impugned order dated May 19 vide which the accused – petitioner (Chauhan) has been summoned as an accused is without basis and suffers from illegality and the same deserves to be set aside qua the petitioner. The petitioner is discharged,” the ASJ said.
The ASJ added that the CMM did not conduct any inquiry before filing the complaint against Chauhan.
The complaint accused Chauhan and Chand of fraudulently entering forensic (FSL) report in the court record of a case after a delay of three years only when the issue came before the CMM.
Chauhan had moved the court of ASJ against the ACMM’s order. On January 1, 2006, an FIR was registered with Prasad Nagar police station under the Prize Chits Act on the complaint of a widow named Durga Devi, who had invested in a committee.
The accused Luid Fernandez and Josphin Fernandez run the committee which did not pay any returns to the woman on maturity of the investment. A chargesheet in the matter was filed on April 13, 2006 before the then concerned area magistrate.
A supplementary charge-sheet was filed on July 11, 2006 mentioning that the FSL report on specimen handwriting of the accused will be filed as and when received.
Official let off in graft case
DRI officer, facing trial for allegedly taking bribe from a businessman for bailing him out of an excise evasion case, has been discharged by a Delhi court for want of proper sanction for his prosecution, reported PTI from Delhi.
Special Central Bureau of Investigation Judge Kanwaljeet Arora discharged Directorate of Revenue Intelligence (DRI) Y S Verma saying the sanction to prosecute him was bad in the eyes of law as it was given by an officer, junior to the one competent to grant it.
It is admitted position that accused at the relevant point of time was working as senior intelligence officer with DRI, which is a Group ‘B’ post.
Having been appointed to the post of Group ‘B’ cadre, by orders of DRI director general, a right has accrued in favour of the accused by virtue of Article 311(1) of the Constitution that he cannot be removed from his office by an officer subordinate to the rank of director general,” the court said.
Additional director general who had passed the sanction order on December 29, 2006 was subordinate to director general, therefore, she could not have passed the sanction order. The said sanction therefore is bad in the eyes of law,” the court said, discharging Verma.
The corruption case against Verma was lodged by the CBI on complaint of Delhi-based exporter A K Aggarwal, who had alleged that Verma had lodged a false excise duty evasion case against him and had raided his house in September 2005.
He said Verma subsequently had demanded a bribe of Rs 50 lakh from him to bail him out of the case.
On Aggarwal’s complaint, the CBI laid a trap and allegedly caught Verma red-handed while accepting Rs 5 lakh as the first instalment of the bribe from Aggarwal at the South Delhi house of another co-accused Mahender Kumar.
In his complaint to the CBI, Aggarwal had also said Verma and his senior had asked him for Rs 50 lakh bribe and had threatened that if failed to pay the sum, his son would face untoward consequences.
The judge, however, granted liberty to the agency to file fresh charge sheet against Verma with proper sanction to prosecute him.
http://www.indianexpress.com/news/court-sends-youth-to-10-yrs-in-jail-pulls-up-police/1011453/0
Agencies : New Delhi, Wed Oct 03 2012, 20:55 hrs
A youth who raped a minor girl last year in a factory here has been sentenced to 10 years in jail by a Delhi court which also directed the city government to pay a compensation of Rs one lakh to the victim.
The court expressed anguish and displeasure that the two factory workers who saw the accused, instead of “objecting to the conduct”, ran away from the premises leaving the 14-year-old victim at his mercy and the Delhi police also did not prefer to inquire about their “indifferent approach”.
“Of late crime against women generally and rape in particular is on the increase and ironically society appears to be unconcerned, showing little or no concern for honour of women. It is this kind of a public apathy and indifference which is grossly criminal,” Additional Sessions Judge (ASJ) Kamini Lau said.
The court said it was “shocking” that the two factory workers ran away from the spot and informed their owner about the incident much later to evade their culpability.
“Public alertness with a suitable timely response can go a long way to save the life and honour of young girls which unfortunately did not happen in the present case,” the judge said.
The court also imposed a fine of Rs 52,000 on convict Aditya, 20, a resident of Pitampura Village in North-West Delhi, saying that on recovery of the amount, it shall be given to the victim.
The judge said the amount of compensation will be used for rehabilitation of the victim and directed the Delhi government to take steps to ensure that she is admitted in some school to continue her studies.
According to the police, Aditya caught hold of the girl when she was returning from her school and forcibly took her inside an adjoining plastic factory.
The accused threatened the two workers, who were present in the factory, and asked them to leave. He took the girl to a room in the factory and when she tried to raise an alarm, he threatened to electrocute her after which he raped her and ran away, police said.
The two workers, later on, called their employer and informed him about the incident.After reaching home, the girl informed her family about the incident and a case was lodged against the accused.
The court also pulled up the police for not inquiring the reason from the two workers as to why they did not raise an alarm when they saw the accused bringing the girl in school uniform into the factory.
It rejected Aditya’s plea for leniency saying that he had committed the offence without any fear of law in the factory after threatening the two workers working there and compelling them to leave.
Oct 4, 2012, 05.51AM IST
If ever there was a case of justice delayed being justice denied, this is it. The fact that the court had ordered the actor to pay compensation even before framing of charges and he had done so immediately, makes it clear how urgent the need for compensation was judged to be.
Yet, the victims have not received the compensation even a decade later. Exactly who is to blame for this situation appears to be unclear as of now, but responsibility must be fixed and action taken. Also, the victims must now be paid—even if it rather late—not just the amount originally ordered, but interest for 10 years on it.
Oct 4, 2012, 12.00AM IST
TIMES VIEW
Will safeguard against misuse
The Law Commission of India’s recommendation that the anti-dowry law be suitably amended to dilute the provision of immediate arrest of the accused is sensible. The suggestion comes in light of the fact that an increasing number of dowry complaints have been found to be false. That Section 498A of the Indian Penal Code — dealing with physical and mental cruelty by husbands and their relatives over dowry — empowers the complainant to have the accused arrested even before a proper investigation into the case only incentivises misuse of the law. Not only does this amount to gross injustice but also significantly damages to the anti-dowry movement.
It`s arguable that tough anti-dowry legislations are a product of the 1980s, where they arose out of a specific context: a seemingly uncontrollable spate of dowry deaths in the country. However, the socio-economic conditions of women today have significantly changed. This empowerment is precisely why the anti-dowry law needs to be suitably updated. Besides, the provision of immediate arrest flies in the face of Indian jurisprudence that treats every accused as innocent until proven guilty. Subverting this principle has done more harm than good.
In this respect, the law panel`s proposal to introduce a 30-day reconciliation period before the police arrest an accused under the anti-dowry law makes eminent sense. To prevent misuse, the law should also be amended to allow for arrests only after a proper investigation, not before. The Supreme Court has already des-cribed false dowry cases as legal terrorism. Using the anti-dowry law as a tool for extortion is tantamount to human rights violation. Hence, in the interest of justice, diluting draconian provisions of the anti-dowry law without taking away the essence of the legislation is a step in the right direction.
COUNTERVIEW
A change for the worse
Anil Thakkar
The expert panel’s recommendation on amending and toning down the anti-dowry law is a classic example of missing the wood for the trees. As matters stand, is the anti-dowry law misused on occasion? Yes, it is — just like every other law. That is the nature of the beast; there will always be people who find and exploit loopholes in any system of rules. This is particularly true in India where the judicial system is hopelessly clogged and the police prone to corruption. These things will not change if the law is watered down. All that will happen is that the fight against dowry — a far more insidious and widespread evil than misuse of the anti-dowry law — will be compromised.
A simple look at the statistics will show how far we still have to go in stamping out the system of dowry and the subjugation of — and violence against — women it engenders. According to the National Crime Records Bureau, 6,995 dowry deaths were reported in 2000 — which climbed to 8,093 in 2007 and 8,391 in 2010. And that is just the reported cases; it is a safe assumption that the actual number of dowry deaths is significantly higher. This more than half-a-century after dowry was made illegal. What possible sense does it make to defang the anti-dowry law at a time when dowry deaths are actually on the rise?
On the face of it, certainly, the amended changes seem sensible. But given how rigidly patriarchal much of Indian society is — particularly in rural areas where the dowry system is even harder to uproot — all they will do is leave the perpetrators at large and give them enough time to pressure or coerce the woman and her family into withdrawing their complaint. And that would be a far greater injustice than anything that is currently done under the aegis of the anti-dowry law.
Victims of accident by Salman Khan’s vehicle not compensated
http://www.hindustantimes.com/India-news/Mumbai/Victims-of-accident-by-Salman-Khan-s-vehicle-not-compensated/Article1-939564.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
A decade after actor Salman Khan killed a pavement dweller and injured four others in a highly-publicised car accident in Bandra, the victims are yet to receive the compensation amount due to them from him, according to a public interest litigation (PIL) filed by a senior journalist before the Bombay high court.
A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.
Wagle had filed the PIL soon after the accident.
While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.
Wagle’s lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.
The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.
On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.
He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate’s court.
Express news service : Chandigarh, Thu Oct 04 2012, 02:01 hrs
HC says killers of Abhi Verma to hang, puts execution on hold till October 12
There is nothing legally invalid in awarding death sentence to those held guilty of kidnapping for ransom. Statin this, the Punjab and Haryana High Court on Wednesday upheld the hanging of two youths who had abducted and later killed Abhi Verma, a 16-year-old boy from Hoshiarpur for ransom.
However, giving them time to challenge the order in the Supreme Court, the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused, Vikram Singh Walia and Jasvir Singh, were to be hanged at 9 am on October 5 in Central Jail, Patiala.
The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.
Holding their challenge as “ill founded, deceptive and misleading”, a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.
“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads
Making it clear that death sentence cannot be abolished from Section 364-A of IPC, the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the `retrospectivity’ of the provision is totally deceptive and misleading”.
The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.
They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person, company or association, or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.
They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages, 1979 (`Hostages Convention’), adopted by the United Nations General Assembly on June 3, 1983 “. The said contention found no favour with the court.
Earlier, Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants, for even if the challenge to death sentence under Section 364-A succeeds, the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.
The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds, the same will “not change their fate”.
Former SIMI Functionary Booked Under MCOCA
http://news.outlookindia.com/items.aspx?artid=777190
Thane | Oct 03, 2012
The Thane police on Wednesday booked former Students’ Islamic Movement of India (SIMI) functionary Saquib Nachan and four others under the Maharashtra Control of Organised Crime Act (MCOCA).
The Bhiwandi crime branch produced Nachan and four others in the MCOCA court on Wednesday.
Saquib Nachan and his son Ismail and nephew Aquib are facing charges for the murderous assault on Vishwa Hindu Parishad (VHP) leader from Bhiwandi, Manoj Raicha. Two others Guddu Khan and Tanvir Abdul Zabdir were also arrested in this case.
SIMI activist Saqib Nachan, an accused in Mulund bomb blast of 2003, was arrested by police for allegedly firing at an advocate in Bhiwandi on August 3, this year.
It was around 11.45pm, advocate Manoj Ratilal Raicha (48) was on his way home in his car along with bodyguards, when he was shot at and injured.
In his complaint, the lawyer, who is a Bajrang Dal office bearer, named Saqib Nachan as the suspect or his associate as the person who fired at him with an intention to kill him.
The Nizampura police later registered a case under Sections 307, 120(b) of the Indian Penal Code and also under Sections 3, 25 and 27 of the Arms Act against the accused.
FILED ON: Oct 03, 2012 23:40 IST
Even before the crowd from the previous protest had returned home, a new mob had gathered on the streets. It had been gaining strength throughout the day as hundreds arrived loaded in trucks and buses, and more people from the outside kept pouring in. Over the next couple of hours, the crowd swelled in numbers and a few local leaders gradually took their position at the helm — soon, they were whipping up outrage against some vaguely defined but provocatively conveyed threat to their religion, their Prophet or their holy book. Timing was the key, so one waited cautiously for the crowd to be sufficiently riled and then, just when the passions peaked, it was let loose like a pack of blood thirsty wolves. What followed was hours, even days, of looting, raiding, pillaging, plundering and killing. Until finally, the security forces showed up and brought the situation somewhat under control.
This is a fairly accurate description of the events as they unfolded in the little Upazila of Ramu, located in the coastal Cox’s Bazar district in Bangladesh’s southern division of Chittagong on September 29 and 30, when Islamists went on the rampage in the area and attacked Buddhist temples and homes, after they discovered a picture of a burnt Quran on Facebook that was alleged ‘tagged’ to a local Buddhist boy.
According to the latest reports available, at least 12 temples were desecrated and nearly 50 Buddhist homes systematically destroyed. But the moot point here lies not in the details of this heinous incident that has deeply scarred Bangladesh’s socio-religious fabric but in the fact that the description applies to almost any ‘Muslim protest’ that has erupted in recent times in response to a supposed act of religious outrage.
Indeed, instead of Ramu Upazila, the narrative can just as easily be placed in Masuri village in Uttar Pradesh here in India, where a similar crowd went berserk and brutally attacked the local police station after someone found pages torn out of the Quran by the railway tracks last month. The narrative also fits well in many other places — from Mumbai’s Azad Maidan where a crowd protesting atrocities against Muslims in Burma and elsewhere went on a rampage to the US Embassy compound in Benghazi where an armed mob protesting a shoddily-made, obscure anti-Islamic film killed the American Ambassador to Libya.
Look closely and a clear pattern of pre-meditated violence that emerges through each of these cases is unmistakable. The cause of the violence and the outrage here is inconsequential. It can be anything — a book that nobody has heard of, a movie that nobody has seen because it was never publicly released, a photograph that is quite possibly doctored, a quote that remains unattributed, a conspiracy theory or even a cartoon. It doesn’t matter. What matters is how, and of course with what result, that singular instance of outrage (real or imagined) is perverted so as to make it look like it is a universal insult to Islam and its 1.7 billion followers around the world.
First, the Islamists go all out to introduce that supposed object of religious insult — almost always an obscure one — to their local audience. Then, they systemically manufacture outrage against that same object. The campaign is almost always framed within the narrative of a victim-community; a community that has been and continues to be wronged by the world. Ridiculous as it may sound, the idea of being at the receiving end of a global conspiracy is particularly tempting and as we know from past experience, hugely effective. Finally, what serves as an icing on the cake is the fact that Islamists, almost everywhere in the world, are an especially well-organised group. This automatically allows them mobilise large sections of the population and mount an effective campaign.
In other words, the bottomline here is that the protests may be hinged around an Islamic (or more specifically, anti-Islamic) subject, but in reality they have little to do with religion. Instead, the issue is of politics and power-play. Religion is merely an excuse used by the Islamists to whip up passion and mobilise social groups so that they can ultimately implement the latter’s agenda. Indeed, this is an argument that even Muslims political observers themselves have made. For instance, Mr Husain Haqqani, Pakistan’s former Ambassador to the US, in his recently published article on ‘Muslim rage’ minces no words when he says, “The phenomenon of outrage over insults to Islam and its final Prophet is a function of modern-era politics. It started during Western colonial rule, with Muslim politicians seeking issues to mobilize their constituents… and Islamists emerged to claim that Islam is not merely a religion but also a political ideology.”
Indeed, Mr Haqqani traces back an early prototype of this kind of mass mobilisation within the Muslim world to a book published in British India back in 1927. Titled Rangeela Rasool (Playboy Prophet), it was a “salacious version of Muhammad’s life”, says Mr Haqqani, but “hardly a bestseller”. In fact, much the like anti-Islamic film that today is all the rage, so to say, this book too went largely unnoticed until two years after its publication when some Muslim politicians raised a hue and cry over it. The British Government of the day even arrested and tried the publisher but he was acquitted — only to be later stabbed to death by one Ilmuddin, an illiterate carpenter known only by his first name, in Lahore. Ilmuddin soon became a local hero of sorts. Islamist groups nicknamed him Ghazi (warrior) and he was defended in court by a man no less than Mohamed Ali Jinnnah (although on purely technical grounds, as Mr Haqqani points out in his essay). The book continued to be a polarising point between the Hindus and Muslims of undivided India and exacted its price in blood during Partition as well.
It is interesting to note that it was after this case of Ilmuddin that the British amended the Indian Penal Code to include punishment for blasphemy and incitement of religious hatred. It is equally ironical that a little less than a century later, another young man would once again share Ilmuddin’s fate and how! In January 2011, Mumtaz Qadri would also be celebrated as a national hero for killing Salman Taseer, the powerful Pakistani Governor of Punjab would had dared to opposed his country’s draconian blasphemy laws.
The lessons to be learnt from the past and the present are clear. These protests, wherever they may erupt, are not just a product of politics disguised as religion, but that they must be exposed as such.
The moment the state begins to legitimise such violence as being a genuine case of religious grievance; it loses the plot and half the battle. The Bangladeshi Government realises this, which is why the whole deal about the Facebook picture was underplayed. The Pakistani Government on the other hand doesn’t get it at all and so, it had the Ishq-e-Rasool day, during which several persons where killed. India must learn its lessons from all this and stop pampering hardliners.
Civil society urges govt to remove accused under the PNDT Act from committee
http://www.tehelka.com/story_main54.asp?filename=Ws031012PNDT.asp
Dr Harsh Mahajan is an accused in a case filed by Mitu Khurana who was forced to undergo sex determination test
Shonali Ghosal
New Delhi
Eighteen years after the Pre-conception and Pre-natal Diagnostic Techniques Act (PC & PNDT Act) was passed for the “regulation and prevention of misuse of diagnostic techniques,” the government’s intention on curbing sex determination remains unclear.
Dr Harsh Mahajan, an accused under the PC & PNDT Act and president of the Indian Radiological and Imaging Association (IRIA), had been appointed as a member of a committee, which is set to examine and possibly amend the format of Form F (the mandatory form to be filled and recorded by all sonography centres when conducting an ultrasound sonography).
“They might have gone by his post as president of the IRIA. But the government should’ve checked his track record,” says Rizwan Parwez, a member of the National Inspection and Monitoring Committee (NIMC) and the Centre for Advocacy and Research. The court has taken cognizance of Mahajan as an accused (among others) after Mitu Khurana filed a case against her husband and in-laws for allegedly forcing her to undergo a sex determination test in 2005. She further states that they put pressure on her to undergo an abortion on learning that she was carrying twin girls. “This is a violation of the Act. The government never supported me in my case and now there’s this to add insult to injury,” says Mitu, who was told by a PC & PNDT official to stop wasting her life and give her husband a son if he wanted one.
“Even though Mahajan is not the doctor who performed the sex determination test, he is an accused because he holds approximately 80 per cent of the shares in Mahajan Imaging Centre where the test was conducted and is also a board member of the centre,” Mitu clarifies. The PC & PNDT law clearly states: “No person who, in the opinion of the Central Government or the State Government, as the case may be, has been associated with the use or promotion of pre-natal diagnostic technique for determination of sex shall be appointed as a member of the Advisory Committee.” “It’s like inviting a murderer undergoing trial to amend a law on Section 302 of the Indian Penal Code,” adds Parwez.
But all is not lost. In a meeting of the committee held last week (28 September), activists protested Mahajan’s presence and asked him to leave. Donna Fernandes, the head of Vimochana (an NGO on women’s rights) and a member of the same committee was present at the meeting. She recounts that it was Kiran Moghe, the Maharashtra president of the All India Democratic Women’s Organisation who raised the issue. “He (Mahajan) made some weak noise about being innocent and that he had a lot of suggestions, but other members said that he may be innocent, but, if he has a case in court, it isn’t right that he should be attending this meeting,” she says. Finally, Sandeep Kumar Nayak, Joint Secretary, Women & Child Development (who was also chairing the meeting) told him that he had said something else at registration and asked Mahajan to leave. “The government should’ve sent a strong message that you can’t be part of such an important committee before the civil society brought it up,” says Parwez.
Mahajan had to leave that meeting but whether any action has been taken to permanently remove him from the committee is not known. Incidentally, he is also a member of another similar committee, which has to examine, and perhaps, amend the provisions of the Act itself. “People like him aren’t worried about implementation, they’re just concerned with making money,” says health activist Dr Sabu Geore, who is a member of the other committee. Both Anuradha Vemuri, director of the PNDT Division, and Dr Harsh Mahajan remained unavailable for comment.
Shonali Ghosal is a Correspondent with Tehelka.
shonali@tehelka.com
Another plaint against Bangalore Urban DC
http://www.deccanherald.com/content/282872/another-plaint-against-bangalore-urban.html
Bangalore:Oct 4, 2012 DH News Service
A new private complaint was filed in the Special Lokayukta Court on Wednesday against Bangalore Urban Deputy Commissioner M K Aiyappa and others. Judge N K Sudhindra Rao has posted the case to October 17 for orders.
The case filed by Markandeya, a software engineer, pertains to land acquired in Nagarbhavi village in Vijayanagar for the development of the Vinayaka Housing Board Co-operative Society in 1985.
The complainant stated that the land had been handed over to the Society and all formalities including obtaining work order and khatas from the Bangalore Development Authority were completed.
From 1986, sites were registered in favour of the members. In 1996, the BDA also issued khatas and started collecting property tax.
Later, the land came under Pattanagere City Municipal Council and was transferred to BBMP, who issued khatas.
The complaint alleges that one Gali Hanumamma filed a case against Malliappa, the original landowner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act with the Assistant Commissioner (AC) who ordered the restoration of the property.
Order challenged
The Society members challenged the order before the then Deputy Commissioner Ramegowda who allowed the appeal, after seeking a spot inspection from the Assistant Commissioner.
Permission from DC
Gali Hanumamma then sold one acre of land to one Mirle Varadaraj for Rs three crore, after obtaining permission from the DC. She later filed an application seeking conversion of two acres of land for residential purpose, including the one acre she had sold.
The complainant who had purchased the land from the Society filed objections before the Deputy Commissioner.
The complainant stated that the DC told him that the land would be taken over and handed back. The complaint has been lodged for commission of offences under Prevention of Corruption Act and Indian Penal Code.
The complaint also names Assistant Commissioner Kantharaju, Tahsildar Suma, Village Accountant Manjunath, Gali Hanumma, her daughter Huchamma, Mirle Varadaraju and others.
Last Updated: Wednesday, October 03, 2012, 22:07
Bangalore: Karnataka High Court Wednesday stayed further proceedings before a local court against a former disciple of self-proclaimed controversial godman Nityananda and two others in a criminal case filed against them by an actress
Justice H N Nagamohan Das stayed further proceedings in the case before the court at Ramanagara on a criminal petition filed by Ranjitha, seeking quashing of the case.
In June, the court had issued a non-bailable warrant to Lenin Karuppan and third summons to co-accused Aarti Rao and advocate Sridhar in the case filed by the actress.
Ranjitha had filed a private complaint on Dec 30 2010 at Ramnagara
Magistrate Court in Bangalore against the three, charging them with
criminal intimidation, criminal conspiracy and outraging her modesty in
connection with attempting to link her through a morphed video with
Nithyananda.
The Magistrate took cognizance and issued summons to all three on June 4 2011.
Lenin failed to appear before the court, following which a NBW was issued against him, while the other two were issued a second summons on August 2 2011.
Arathi Rao is a resident of Detroit, USA.
PTI
TNN | Oct 4, 2012, 02.20AM IST
JAIPUR: The state government assured the Rajasthan high court on Wednesday that it would comply with the recent Supreme Court judgment on appointing at least minimum number of information commissioners (ICs) required under the right to information (RTI) Act within the next three weeks.
At present, the Rajasthan Information Commission (RIC) has just a chief information commissioner but not a single IC. The Act underlines a minimum two and maximum 10 ICs in a state.
In its September 13 ruling, the apex court made it mandatory that appeals under the RTI Act can be heard at the state information commissions only by benches comprising at least two ICs.
The judgment has resulted in the work at information commissions coming to a standstill in several states, including Rajasthan where around 8000 appeals under the RTI are already pending.
The government assurance came on a reply to high court’s query on a public interest litigation (PIL) on the subject pending since last year.
A division bench headed by chief justice Arun Kumar Mishra had directed the state government on Monday to apprise the court of the steps it had taken to comply with the SC verdict.
Additional advocate general Sushil Kumar Sharma told the division bench that the government was all set to appoint the ICs and the process would be completed within the next three weeks.
Under the RTI Act, the chief information commissioner and the ICs are appointed by a committee comprising the chief minister, the leader of opposition and a cabinet minister.
While the PIL filed by advocate Prakash Shukla has been pending in court since September 2011, Aruna Roy, of the leading forces behind the RTI movement in the country, recently moved an application before the state administrative reforms department to know what steps had so far been initiated to appoint the ICs. The government department, however, failed to answer Roy’s query.
A data entry operator managed to take the police, social welfare and other departments concerned for a ride in his effort to get jobs in the Karnataka High Court for five aspirants from Bijapur and other northern districts of the state. He had allegedly taken money from each candidate.
The accused, along with his associates, had created a fake letterhead of the Karnataka High Court and allegedly forged the signature and seal of the High Court Registrar (Administration) directing the officials to submit character/antecedents certificate, caste and income certificates and medical fitness certificate which are mandatory for applicants to government job.
Police have identified the suspect as B.G. Gopal, who was working as a data entry operator at a business solutions firm on Old Airport Road in Kodihalli. He had promised government jobs to family members of his colleagues and others, mainly from Bijapur. All the aspirants, who he had lured, had applied for the 2008 Karnataka Public Service Commission (KPSC) exams for various posts. The aspirants were assured that they would be given jobs as typist and first and second division assistants in the Karnataka High Court.
With the help of the fake letterheads, signature and seal, Gopal had asked the respective departments to issue the necessary certificates. The character, antecedents, caste, income and medical certificates of the five candidates were sent directly to the High Court by the respective departments. Strangely, the High Court had not sought any documents from any of the departments pertaining to the five candidates and the officials were surprised when they got them. Following this, Karnataka High Court Registrar (Vigilance) on June 26, instructed the city police to conduct an inquiry.
The High Court Vigilance Cell officials, who conducted an inquiry, found out that Nagappa, a resident of Bijapur, had applied for the post of second division assistant, Aravind Gangaram Rathod, Basavaraj Mullur and Banadevi Shanmukhappa of Bijapur district for the post of first division assistant and Anasuya of Yadgir district for the post of typist, and were promised jobs by Gopal. Of the five candidates, Anusuya’s husband Mr Srinivas V. Joshi, was also working as a data entry operator at a business solutions firm on Old Airport Road since 2006. Three years ago, Joshi’s colleague Gopal is alleged to have promised a typist’s post in the Karnataka High Court for Anusuya and had taken money.
Later, Mr Joshi along with his associates Shekarappa Sangappa Hosahalli and Prakash Patil Rudre Gowda, met the four other job aspirants with the promise of jobs. The report has been submitted to the High Court Vigilance Registrar. Cases against B.G. Gopal, Srinivas V. Joshi, Shekarappa Sangappa Hosahalli, Prakash Patil Rudre Gowda and the five job aspirants have been registered. “We are in the process of arresting them”, an officer of the High Court Vigilance Cell added.
PIL against Bharti Walmart for FDI violation withdrawn in HC
http://www.business-standard.com/generalnews/news/pil-against-bharti-walmart-for-fdi-violation-withdrawn-in-hc/64044/
Press Trust of India / New Delhi October 03, 2012, 20:55
Environmental activist Vandana Shiva today withdrew her PIL from the Delhi High Court filed against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy in retail sector.
“I am withdrawing the petition,” the counsel for Shiva told a bench headed by Chief Justice D Murugesan. The court allowed the plea.
Earlier, the counsel for Shiva and Additional Solicitor General (ASG) Rajeeve Mehra had said the PIL against the private joint venture firms have been rendered infructious in the wake of new central policy on FDI in retail sector.
The ASG had told the bench, also comprising Justice Rajiv Sahai Endlaw, that in the changed scenario, when the FDI in retail has been allowed, the petition loses its relevance.
Earlier, the court had issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India’s existing FDI policy.
The PIL had alleged Bharti Walmart was illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry trade here.
Cash and carry is a form of trade in which goods are sold from a wholesale warehouse and customers settle the invoice on the spot.
The PIL also alleged that many established Indian firms are acting as “front” for foreign firms to give their offshore partners a “majority control and economic interest” in retail sector here.
Walmart entered in a joint venture with Bharti Enterprises in 2007 for carrying out cash and carry wholesale trade in India.
Court suggests that Bangalore Club withdraw the resolution passed to oust former president
S Shyam Prasad
Posted On Thursday, October 04, 2012 at 06:21:27 AM
A former president of Bangalore Club, arguably the city’s most prestigious club, has approached the high court against a resolution passed by an extraordinary general body meeting of the club which terminated his presidency.
MK Marattukalam petitioned the High Court that he was not an invitee to the general body meeting at which he was ousted from the post of president and even the car parking slot reserved for him was denied. It is a tradition at the club to invite the president to general body meetings.
In the previous hearing of the case by Justice N Ananda on September 10, the respondents, including the current president Feroze Sattar Sait, had filed their objections.
During hearing of the case on Wednesday, the judge said, “You should not have attacked him personally in the resolution. These resolutions are public records. It is defamatory in nature and you are castigating a person before you hear him. How can a resolution be character assassination?”
Marattukalam’s advocate also told the court that on an earlier occasion, another member, Gagan Chandy, had his membership suspended for a period of two years for speaking up at a general body meeting. Chandy too had approached court and the club had sought leave to withdraw the resolution.
When the judge perused the submission, he found that in Chandy’s case, Marattukalam was the president when the resolution suspending his membership was passed.
The judge then commented, “So it has boomeranged on him (Marattukalam).”
Senior advocate Ashok Haranahalli, who was representing the respondents, revealed that Marattukalam had not answered the notices issued to him. But the judge replied, “A person’s character cannot be assassinated without him being heard. If you reverse the process it can put an end to all the problems. Call a general body meeting.”
The case was posted for October 10.
Swati Deshpande, TNN | Oct 4, 2012, 05.07AM IST
MUMBAI: In a landmark judgment, the Bombay HC has set aside a government panel’s decision to prevent a Madhya Pradesh flour mill owner from donating a kidney to his cousin, a goods loader, who is undergoing treatment at Jaslok Hospital. The government panel—the state authorization committee had rejected the cousin’s plea to donate because his own brother and minor daughters were opposed to his decision. The court has asked it to consider the man’s request again.
India’s transplantation law allows only close family comprising spouse, parents and children to donate organs. Unrelated donors require permission to give.
Bombay HC has clarified that the law on transplantation of human organs “does not confer an overriding veto on the next of kin of the donor” when the donor and donee are not close relatives.
The bond of love and affection even when not ‘near’ relatives is key to becoming a donor, it said. The court set aside the orders passed by the authorization committee.
A fact that was highlighted was that both men hail from a humble background—one is a flour mill operator earning Rs 150 a day and another a goods loader making Rs 6,000.
A bench of Justices D Y Chandrachud and Amjad Sayed held that the authorisation committee wrongly concluded that there was no bond of love and affection between the donor and donee after the brother and children of the donor, a single parent of two minor daughters, did not consent to the donation and the near relatives of the patient did not offer to donate. The Jaslok Hospital committee had approved the donation. The HC ruled that “views of the next of kin are entitled to deference but this is not to suggest that the committee, once a disagreement is expressed would have no power to take an independent decision based on the best interest of donor and recipient.” The judges said, “Ultimately, the committee has to take a judicious decision after considering all facts and aspects of law.” The court directed the committee to consider the case “afresh, expeditiously and to hold a fair inquiry into all facets of the law and facts.”
“There is always a risk involved in a transplantation procedure,” the HC said, adding, “But the degree of risk may vary from case to case based on medical condition of donor. The impact of a donation on the donor’s quality of life must be assessed and must be balanced with his desire to save a life.” It added that need to save a life is also significant from a public health perspective and directed that the “committee must realistically look at at our societal milieu to understand why a married daughter of a recipient may not be in a position to donate a her kidney to her father. These are indeed difficult question” The judges said, “The judge canot perform the role of God or an expert” and left the decision-making to the committee.
The HC pronounced the order on September 27, but the text of the judgment was made available only on Wednesday. It declared that the Transplantation of the Human Organs Act of 1994 which governs organ donation in India “balances the autonomy of an individual as decision maker with the societal interest in protecting family concerns. The Act seeks to bring a health balance between need for organ transplantations to save lives on one hand and public interest in ensuring that it does not become a facade for exploitation or organ trafficking.”
The case before the court, the judges said, “traverses medicine, social ethics and law and has profound human implications.” It gave rise to a delicate and sensitive issue of whether a single parent of two minor daughters Vijaykumar Sahu could be permitted to donate one kidney to Balmukund Sahu, his cousin—their fathers were brothers—on the grounds that they were bound by affection arising from their family dwellings in MP. Both lead modest lives. The patient is a goods-loader onto vehicles and earns less than Rs 6,000 per month.
The law in India, the court said, is aimed at saving lives and at preventing exploitation of people’s poverty, illiteracy and ignorance. The law thus allows “near relatives” defined as parents, husband or wife, children and grandparents to donate organs while alive. But it also allows a person who is “not a near relative” to donate organs out of affection or attachment or any special reason” but only after prior nod from a state-level committee. The committee is governed by certain rules and must make an inquiry to rule out commercial transactions between donor and donee and seek reasons why the donor wishes to donate.
The law requires the committee to apply its mind, said the judges, that affection is motivating factor. The HC said that the committee thus had to consider the explanation for the link between the donor and donee and can even rely on old photographs to prove the link. It has to ascertain that no tout is involved. The views of the donor’s kin is to ascertain that they are aware of the donor’s intentions.
The court held that in the present case the fact that the donee’s own relatives did not come forward to donate would not displace the affection between the donor and donee.
TNN | Oct 4, 2012, 08.32AM IST
New Delhi: A 35-year-old rape victim who allegedly tried to commit suicide inside Delhi high court premises on October 1 is battling for life at a private hospital in the Rohini area of northwest Delhi.
Police said the woman had collapsed after consuming an insecticide and was rushed to Ram Manohar Lohia hospital. Later, she was shifted to the ICU unit of another hospital.
Family members of the accused had allegedly threatened to kill the woman and her family if she didn’t withdraw the case.
One of her relatives said, “She had gone into depression after the incident. When she came to the high court for the hearing, she was threatened to take the case back. She went back to Sonepat but her husband disowned her. When she appeared for hearing on October 1, the brother of the accused asked her to turn hostile before the court. Unable to think of a way out, she thought of ending her life.”
A police source said that the victim, who belongs to Haryana, had received an interview call in 2011. The victim alleged that she was offered a cold drink laced with sedatives after consuming which she collpsed on the floor. The accused then raped herand threatened her with dire consequences if she disclosed the incident to anyone.
The man was arrested the same year after a case was lodged at Vijay Vihar police station.
toireporter@timesgroup.com
Sportsperson too can be nominated to Rajya Sabha: Centre to HC
http://www.hindustantimes.com/India-news/NewDelhi/Sportsperson-too-can-be-nominated-to-Rajya-Sabha-Centre-to-HC/Article1-939377.aspx
PTI
New Delhi, October 03, 2012
Sachin Tendulkar was nominated to the Rajya Sabha as per the constitutional provision which also allows induction of experts from the field of sports, government told the Delhi high court on Wednesday.
Additional Solicitor General Rajeev Mehra said the provision under Article 80 of the Constitution does not confine to inducting experts only from the fields of science, arts, literature and social services but also those from sports, education and other areas.
Mehra placed a copy of the affidavit, which was earlier filed in the Allahabad High Court on a similar plea against Tendulkar’s nomination to the Upper House, before the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw.
The senior counsel had told the bench earlier that the government has already taken a stand before the Allahabad High Court on the same issue and the copy of the affidavit would be produced for the court’s perusal.
The centre was responding to a PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Sachin’s nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
“A bare reading of the Article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the Article,” he said.
“The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism, parliamentary practice and procedure, public administration, agriculture, sports (wrestling) or other similar fields of human endeavour,” the affidavit said.
Setback for ATS as Bombay HC grants bail to alleged Maoists
Posted On Thursday, October 04, 2012 at 08:58:24 AM
The two, among seven members who were arrested in Pune last year for spreading the ideology of the banned organisation, have to report to the police every Sunday
Sunil Baghel In a setback to the Anti Terrorism Squad, the Bombay High Court (HC) on Wednesday granted bail to two alleged Maoists, who were among seven arrested from various parts of the State in April last year.
Justice Abhay Thipsay granted bail to Jyoti Chorge and Sushma Ramtekke for Rs 30,000 each and one or two sureties of the like amount. To ensure that they do not abscond, the court also directed them to attend their local police station every Sunday.
The ATS had accused Chorge and Ramtekke of being members of the banned Communist Party of India (Maoist), and of spreading its ideology as part of the Golden Corridor Committee, a panel formed to propagate its doctrine in urban centres. Both of them were held in Pune, after the arrest of Anjali Sontakke, alias Angela Teltumbde, who is alleged to be the secretary of the Golden Corridor Committee.
Apart from Chorge and Ramtekke taking a common defence stand that their names never reflected in the original FIR, Ramtekke’s main defence was that she was arrested simply because she was the roommate of Anjali Sontakke, and that she was found to be using aliases.
According to ATS, however, Ramtekke was a ‘dedicated member’ of the outfit and had used at least two false names — Shraddha Gurav and Madhavi More — while spreading the activities of the banned group. She has also been accused of providing logistical support to Anjali and attending group meetings.
Chorge’s bail application contended that the pro-Maoist material she was allegedly caught with did not belong to her, and that she had been and the friend are also accused in the case.
Chorge further said that she was arrested when she was about to hand over the bags to the other accused whom she was meeting for the first time. She was less than 19 years of age at the time of her arrest.
The ATS defended their case by citing statements from the chargesheet filed in May last year, and emphasising that the material recovered from both of them showed that they were active members of the banned organisation. However, the HC declined to accept their submissions.
School inferno: HC orders plastic surgeries for two children
http://www.business-standard.com/generalnews/news/school-inferno-hc-orders-plastic-surgeries-for-two-children/64084/
Press Trust of India / Chennai October 03, 2012, 22:25
Madras High Court today directed the Tamil Nadu Government to bear the expenses of proposed plastic surgeries on two children, who received serious burns in the 2004 Kumbakonam school inferno.
Passing interim orders on a miscellaneous petition, the court directed private Apollo Hospitals to perform plastic surgeries on Kausalya and Vijay “as soon as possible” and ordered Tamil Nadu Government to bear the treatment expenses.
Petitioner K Inbaraj, Secretary, Kumbakonam Fire Tragedy Victims Association, submitted that the consultant plastic surgeon of the hospital had said that the two children required plastic surgery and the entire cost of the procedures would be around 1.25 lakh each.
In its counter, the government said it had already paid an ex-gratia amount and also issued home pattas to families of victims.
Justice D Hariparanthaman, in his order said, “The payment of ex-gratia and issue of home pattas to families of the victims cannot absolve the government from granting medical aid to children, who received burn injuries.”
Pointing out that the counter has not stated anything on the treatment given to the children, the Judge said, “The 18 children received severe burn injuries at eight years of age. Denying medical treatment to children by the state is violation of Article 14 and 21 of the Constitution.”
“In these circumstances, Apollo Hospital is directed to admit these two children for surgery as opined by its consultant plastic surgeon and perform the surgery as suggested by doctor,” he said and posted the matter for October 8.
94 children were killed when a major fire swept through a private school in Kumbakonam on July 16, 2004.
Lucknow A student challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination. Otherwise, the age as on the date of commencement of academic session is taken into consideration for all purposes, he said
The Lucknow bench of Allahabad High Court today stayed the elections of Lucknow University Students Union (LUSU), which were scheduled for October 15.
A bench comprising Justices Uma Nath Singh and Virendra Kumar Dixit passed the order on a petition of Hemant Singh, a student, who challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination.
His counsel Prashant Singh Atal said ordinarily, the age as on the date of commencement of academic session is taken into consideration for all purposes. But, as a result of this rule, the petitioner had become overage to contest the election.
The petitioner sought a direction to Lucknow University to consider his candidature for contesting the students union election by calculating his age as on the date of commencement of academic session.
“Other universities, including Delhi University and Hemvati Nandan Bahuguna University, Dehradun, have considered the age of the candidate as on the beginning of the academic session,” Hemant said.
The Lyngodh committee had recommended that elections should be held within 6 to 8 weeks from the date of beginning of the academic session. LU’s academic session started on July 16 but the election notification was issued on September 25, nine days after the recommended eight weeks’ time. “On September 27, I gave a memorandum to returning officer N K Pandey and others, but no action was taken,” said Hemant.
“The notification for election has been issued after eight weeks, and thus, the petitioner has stood disqualified to contest the election only on the ground of being overaged which should ordinarily be calculated as on the date of commencement of academic session,” said the bench.
“In the interest of justice the LUSU polls scheduled for October 15 as notified on September 25 needs to be stayed till the next date of hearing,” the court stated.
Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal
http://www.hindustantimes.com/Punjab/Chandigarh/Hoshiarpur-murder-case-HC-clears-way-for-hanging-two-convicts/SP-Article1-939350.aspx
Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012
The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.
However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.
Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”
Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.
The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.
Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.
With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.
The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.
However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”
TNN | Oct 4, 2012, 01.50AM IST
AHMEDABAD: The Gujarat high court on Wednesday asked the National Institute of Biologicals to give its opinion on whether Polymerase Chain Reaction (PCR) test should be adopted instead of ELISA for reduction of window period in HIV check up during blood transfusion.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has roped in the national institute after it obtained response from the National Aids Control Organisation (NACO) and the controller of drugs.
The court has been making inquiry in this issue on the basis of a PIL filed by one Babulal Thakkar, who sought HC directions to authorities with claims that with adoption of PCR test instead of ELISA, the window period for check up could be reduced drastically.
The national institute has been asked to throw light on this aspect by October 19. Meanwhile, the high court has deleted Thakkar’s name from the PILs he filed in this regard after it was brought to court’s notice that he had sought registration of FIR against prime minister Manmohan Singh, UPA chairperson Sonia Gandhi and NACO director Satyen Chatterji for alleged corrupt practices.
The court has decided to continue with the PILs sans Thakker, who used to appear as party-in-person. The court has held that the issue raised by the petitioner was of very serious nature and concerns public interest.
HC seeks AG views on contempt proceedings against officials
http://www.business-standard.com/generalnews/news/hc-seeks-ag-viewscontempt-proceedings-against-officials/64087/
Press Trust of India / Jaipur October 03, 2012, 22:45
Rajasthan High Court today sought the Advocate General’s opinion on possible action it can take after finding state officials guilty of committing contempt of court during 2008 gurjar agitation for quota.
The Court was hearing the contempt petition filed by the government against Gurjar leader K S Bainsla who had led the stir.
The single bench of Justice M C Sharma had earlier issued contempt notice to former Chief Secretary D C Samant for his failure to comply with the court’s 2008 order asking the gurjar leaders not to disrupt law and order and the government to ensure its strict compliance.
Following this, government had filed the contempt petition against Bainsla and other Gurjar leaders.
The bench was of the view that while the gujjar leaders are guilty of flouting court’s order, at the same time the state government had also miserably failed to see compliance of court’s order and the entire chaos was outcome of failure of state machinery.
The bench had also asked the state government to withdraw the proceedings but the state government refused to do so.
The court today asked Advocate General G S Bapnah to frame opinion and inform it on November 5 as to what should be done by the court as it finds the officials guilty of contempt and also what were the reasons for the chaos that took place during gurjar agitation despite court’s order of peaceful demonstrations.
Express news service : Thu Oct 04 2012, 02:00 hrs
A group of residents of Oshiwara and Lokhandwala have approached the Bombay High Court against the setting up of an international school in the area.
The petitioners, the Oshiwara Lokhandwala Residents’ Association (OLCA), have a filed a petition which was heard before a Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar.
According to them, the construction of the school premises is being carried out on two adjoining Maharashtra Housing and Area Development Authority (MHADA) plots measuring 2,160 sq m and 3,850 sq m. They claim that these two plots were reserved for a municipal school, a common playground respectively and were open spaces.
Their petition further states that in response to their query, they received a MHADA response stating that both plots, though reserved, were leased to one Janata Education Society for 30 years in August 2008.
In July this year, the residents had taken out a protest march to voice their concerns on the issue. They claim that they have written several letters to authorities on the issue, but did not get any response.
The petitioners demand that the trust should be restrained from carrying out any further construction on the plot and restore the area to its original condition.
The court has now asked the state government and the trust to file their affidavits in response to the petition within three weeks.
HC grants pre-arrest bail to Karunanidhi’s relative
http://www.business-standard.com/generalnews/news/hc-grants-pre-arrest-bail-to-karunanidhis-relative/64099/
Press Trust of India / Chennai October 03, 2012, 23:25
Madras High Court today granted anticipatory bail to V M Jyothimani, son-in-law of former Tamil Nadu Chief Minister M Karunanidhi’s daughter Selvi, in a land fraud case with stringent conditions including Rs 50 lakh deposit in the lower court.
Passing orders on Jyothimani’s plea, Justice G M Akbar Ali ordered that he be released on bail in the event of arrest or on his appearance before the XI Metropolitan Magistrate, Saidapet, within 15 days from the date of receipt of the copy of the order.
He should also execute a bond for Rs one lakh with two sureties each for the like sum, the court said, Jyothimani shall deposit a sum of Rs 50,00,000 before XI Metropolitan Magistrate within a period of two weeks from the date of receipt of the order, it said.
He shall produce property security to the value of Rs 1.25 crore standing either in the name of the petitioner or his close relatives and also execute security bond to that effect, it said.
The petitioner shall appear before the police daily at 10 AM for a period of two weeks, the Judge said, adding he should produce all necessary documents, including bank statements, and cooperate with the investigation.
In his complainant to police, V Nedumaran of Valasarawakkam alleged that Jyothimani had promised to sell him 2.94 acre of land in Thalambur village for Rs 5.14 crore, after claiming to be the property’s power agent in 2007 but did not execute the sale.
Though Jyothimani received a cheque for Rs 3.5 crore as advance, he “did not come forward to execute the sale nor did he return the money,” the petitioner alleged, adding that instead the said property was sold to another person.
He further alleged that Jyothimani did not entertain phone calls made by him.
HC extends stay on felling of trees
http://www.deccanherald.com/content/282930/hc-extends-stay-felling-trees.html
Bangalore, Oct 3, 2012, DHNS:
The Karnataka High Court on Wednesday extended the stay on felling of trees for road widening within BBMP area and questioned the significance of the Tree Authority and the Karnataka Preservation of Trees Act.
The court was hearing a petition filed by the Environment Support Group (ESG) and a suo motu PIL initiated by the High Court, following a letter by Justice D V Shylendrakumar to the erstwhile chief justice in 2011. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna extended the stay and clubbed the petition with another suo motu petition, where the High Court, on September 4, 2012, had told the National Highway Authority of India (NHAI) that no trees shall be felled for road construction or widening on NH-218 passing through Bijapur, Humnabad and Gulbarga.
The petitioners cited BBMP’s claim that it had planted over eight lakh trees and contended that the Palike did not state where it planted the trees. They submitted that status of the planted trees was not known and the Tree Authority “was indiscriminately permitting the felling.” The Bench also questioned the Tree Authority’s significance. “Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuing a public notice so that objections can be invited. The Act does not provide any machinery in this regard,” the Bench noted.
“So far as the availability of an appeal is concerned, it seems to us that it may be futile in those instances where the tree officer grants permission to fell a tree. The public perception is that such orders are executed instantly and at night.”
Upholding the submission of the petitioners that members of the Tree Authority were “not satisfactory,” the Bench observed: “The Act does not seem to cater for such an eventuality. Further more, so far as the constitution of the feller body is concerned, it comprises three members such as mayor or president of the Municipal Corporation, the municipal commissioner or the chief executive etc, who are in effect the persons proposing the felling or keeping of a particular tree. This may amount to a person being a judge in his own cause and is an anathema in law.”
The matter has been adjourned.
TNN | Oct 4, 2012, 05.45AM IST
CHANDIGARH: Taking up the issue of vehicular congestion on the Delhi-Gurgaon expressway, Punjab and Haryana high court on Wednesday issued orders prohibiting U-turn near Ambience mall in Gurgaon during rush hours.
As per the HC directions, no U-turn will be allowed near Ambience mall between 8 am and 11 am in the morning hours and from 5 pm to 8 pm during evening hours. The HC has asked Haryana Police to block the U-turn.
When the matter came up for hearing before the high court, Gurgaon police informed the court that the situation has not improved at the toll plaza and traffic jams and chaos are back. Gurgaon police has also reiterated it earlier stand that the location of the toll plaza is not appropriate and its design is also faulty. Police also alleged that underpasses/bridge at the expressway are not maintained and due to faults around 200 persons have lost their lives while around 306 has been injured in the past two years.
The issue of payment to the police was also raised, following which the concessionaires submitted that they would agree on the amount settled by the court. Assistant commissioner of police Ravinder Kumar, who was also present in the court, pleaded the court for implementation of the rule that if waiting time of vehicles in queue in any lane exceeds 10 minutes the barrier of that lane should be lifted to reduce the waiting time.
During the hearing of the case, one Attar Singh, claiming to be representative of Toll Hatao Samiti, tried to intervene in the matter but the court refused to entertain his pleas and adjourned the matter for October 8.
During the last hearing on September 28, the Punjab and Haryana high court had ordered that no toll should be collected from private vehicles during peak office hours in the morning and evening. As per the orders, there will be no collection of toll from 8.30am to 10am and again from 5.30pm to 7pm. Now the same orders would continue till October 8.
Earlier on September 4, after pulling up the expressway operator for failing to put an end to chaos at the toll plaza, the HC had barred toll collection from all private as well as commercial vehicles on the stretch. The direction to stop toll fee collection came after the Gurgaon traffic police informed the court that the concessionaire was responsible for the chaos at the expressway because it had not hired enough staff to deal with traffic.
Abhinav Sharma, TNN | Oct 4, 2012, 07.59AM IST
JAIPUR: An HC division bench of Chief Justice Arun Mishra and Justice Meena V Gomber came down heavily on the JDA, JMC and RHB for their failure in complying the order of the bench to remove encroachments falling in the Amanishah Nullah. The court ordered demolition of more than 3,000 dwelling units said to be encroaching on the 13km stretch of the nullaha falling in JDA and JMC region with some segregated constuctions in Mansarovar Housing Board area.
The bench also initiated contempt proceedings against former CEO of JMC, Loknath Soni for not taking any action in the last one month despite court’s order to remove encroachments. The bench has also directed the state government to taken action within 10 days against guilty officials who allowed illegal constructions or granted permission for construction and the land conversions in the catchment area and inform the court during next hearing after 15 days.
The court however, refused to extend time limit for compliance to 6 months as sought by JDA and asked that all the 3,000 or more houses that have been built in the water flow area of the original nullaha should be razed in one month.
The court also asked JDA, JMC and RHB to issue notices to the encroachers to remove their dwelling units and make paper publication of the proposed action of demolition of their houses in newspapers.
The bench recorded statements of Arvind Arya, superintending engineer of JDA, J S Yadav, CEO of JMC and A A Khan, deputy housing commissioner and expressed displeasure over the slow pace of removal of encroachments. It was submitted by JDA officials and senior advocate R N Mathur appearing for JDA that due to public resentment officials were stopped from taking any steps.
The court was told that out of a total 48km stretch of the nullah only 39km falls in JDA region and out of this 170 encroachments have been removed and only a 6km thickly populated stretch remains. On a query raised by court it admitted that around 800-1,000 houses are there in this region.
Similary, JMC said that only 7km area of the nullah is in its purview where more than 2,000 houses are within or near the catchment area of the nullah but no single house was served with the notice in the last one month owing to JDA not demarcating the central line. The housing board said there is no encroachment in the 6.5km stretch of nullah passing from Pratap Nagar and Mansarovar except that of Neerja Modi School which has already been demolished by JDAJDA. There is hardly any requirement of a central line except in a small stretch. The body language of officials speaks volume in itself showing they are under tremendous pressure and they do not seems willing to follow our orders. We know how to get the orders complied with,”observed Justice Mishra.JDA, Justice Mishra observed, “You are yourself responsible for this situation. You have allowed them to erect illegal constructions. You are trustee of this public land and now you say we cannot remove encroachments. Can this be a sensible statement? We record our strong displeasure over the fact that a large number of encroachments are still holding ground.”
http://www.indianexpress.com/news/hc-orders-status-quo-on-memorial-of-spiritual-leader/1011751/0
Press Trust of India : Mumbai, Thu Oct 04 2012, 04:26 hrs
The Bombay High Court has granted a status quo on the memorial of Maharashtra’s spiritual leader Dr Nanasaheb alias Narayan Vishnu Dharmadhikari, proposed to come up in Alibag taluka of Raigad district at a cost of Rs 20 crore.
The status quo was granted last week by a Bench headed by Justice A M Khanvilkar who heard a petition filed by some villagers of Bamangaon group gram panchayat in Alibag taluka alleging unlawful acquisition of a 12-acre land by the state government without following procedures.
Dharmadhikari, who died in Pune in 2008, has a huge following in the state. He had devoted 60 years of his life in public service in Raigad district on the Konkan coast of Maharashtra.
On March 28, 2011, the urban development department had directed the Raigad collector to take possession of the land. On the same day, the collector took possession of the land and made entries in the land record, the petition filed by Ashok Raut and Prabhakar Raut alleged.
The petition has taken objection to the acquisition of land for erecting memorial for the spiritual leader, saying the land is currently used for grazing cattle and this practice has been going on for ages.
Also, proper procedures were not followed in land acquisition, it alleged.
The petition argued that the collector had not given a hearing to the villagers on the acquisition of land, against the principle of natural justice, adding that the decision violated their fundamental rights.
They cited a rule that if the possession of land is with gram panchayat, the government can acquire it only if the land is needed for a national or state development project, provided the gram panchayat does not require the land.
The petitioners had urged the court to quash the urban development department’s order and grant a status quo on the project.
Express news service : Allahabad, Thu Oct 04 2012, 04:57 hrs
The Allahabad High Court today stayed the construction of multi-storey residential projects of nearly half-a-dozen private developers in sectors 75 and 120 of Noida, while hearing a petition alleging that the Noida Authority allotted land to private builders without formally acquiring it from the farmers.
The court has given two weeks time to the respondents to file their replies. The matter will come up for further hearing after three weeks. A division bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel said that the allegations made in the petition raised a question of law as to whether any public authority had the power to allot land to a third party without first acquiring it from the land owner.
The petition filed by Kalu, a farmer of Sarsabad village, through counsels Shiv Kant Tripathi and Amrita Rai, said that on April 7, 2011, a notification under Section 4 (indicating the intention of the Authority concerned to acquire land) of the Land Acquisition Act for 120 hectares in Sectors 75 and 120, falling in Sarsabad village, was issued.
Nearly six lakh square metres of land, which is roughly half of the total area for which the notification was issued, was allotted to different builders between 2010 and 2012 without the acquisition process being complete, said the petition.
“Our contention is that 17 months after the notice under Section 4 was issued, the acquisition process has not moved forward. Under the norms, the notice under Section 6 (pertaining to finalising the plots to be acquired) of the Act should have been issued within a year. Also, our main objection is land could not be allotted to private builders before it was acquired from farmers,” said Mishra. He added that all the private developers involved have begun construction on the allotted land.
Vishwas Kothari, TNN | Oct 4, 2012, 06.00AM IST
PUNE: The Bombay high court is likely to hear on October 15 a couple of writ petitions challenging the acquisition of the 20-acre private land at survey no 245 in Lohegaon by the Pune district administration to facilitate the extension of runway at the Indian Air Force’s (IAF) Lohegaon airfield.
The acquisition process was completed on March 5, 2011 by way of invoking the urgency clause under section 17 of the Land Acquisition Act, 1894 and the land has since been handed over to the Defence Estate Officer (DEO), Pune.
However, the runway project, which was sanctioned by the Union government almost a decade ago, has since been bogged down by a spate of litigations in the high court as well as in the civil court in the city.
K M Talera, owner of a private resort that owns the acquired land, has filed the writ petition challenging the legal validity of the acquisition process. The petitioner has sought the high court directives to quash and set aside the acquisition and hand the land back to him. Another writ petition, filed by the Ex-servicemen Association of Lohegaon has been clubbed with this matter.
At the last hearing on July 31, the high court division bench of justices S A Bobde and Mrudula Bhatkar had granted time to either parties for conveying their willingness for mediation to resolve the issue.
Speaking to TOI, Talera said, “We have challenged the land acquisition on the grounds that the process was not effected by a competent authority, as laid down under the Land Acquisition (LA) Act, 1894 that is applicable to the central government. The acquisition has been done under the LA Act, 1894 that is applicable to the state government. This should not have been the case as the acquisition purpose is for a central government establishment. It is also our case that the purpose of acquisition of our land is malafide and the land comes nowhere near the runway.”
T S Arockianathan, the then DEO, Pune, has filed an affidavit in reply maintaining that the acquisition of land was completed under the LA Act, 1894 as applicable to Union of India, in due compliance with all the legal procedures and following due process of law. “It is a normal practice that when the land, which is subject matter of a particular state, is to be acquired by the central government for a public purpose, a requisition / demand is raised to the concerned state government machineries. Accordingly, Pune Divisional Commissioner and the special land acquisition officer has the authority and jurisdiction for the acquisition of the land,” the affidavit states.
On December 3, 2003, the Union government had sanctioned acquisition of the 20 acre private land at survey no 245 in village Lohegaon for extension of runway and construction of a soft ground arrester at a cost of Rs 7.54 crore. A demand for land acquisition was placed before the Pune district’s land acquisition officer by the DEO, Pune on March 10, 2004. However, the acquisition proceedings could not go further till early 2007, prompting the Ministry of Defence to write to the then state chief secretary, B K Sankaran, to speed up the acquisition process. Subsequently, the Pune divisional commissioner had issued a couple of notifications on February 13, 2007 and on September 28, 2007, the latter invoking the urgency clause, to facilitate the acquisition.
Delhi HC relief to Bharti Airtel: Ban on 3G roaming pacts stayed
http://www.indianexpress.com/news/hc-to-appoint-more-mcoca-judges/1011687/0
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days
BS Reporter / Oct 04, 2012, 01:00 IST
In a major relief to 3G subscribers of Bharti Airtel, the Delhi High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.
The Delhi HC has asked the department of telecommunications (DoT) to not take any coercive action until the next hearing of the case. This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh, Kolkata, Uttar Pradesh East, Gujarat, Kerala and Haryana- where it does not have 3G spectrum, but offers 3G services through roaming pacts. The date for next hearing has not been decided.
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.
Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.
In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.
However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India) Director-General Rajan Mathews “This (stay on DoT notice) is a good move. Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.” On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation (3G) mobile services through roaming pacts outside its licensed circles.
DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular.
Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.
In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum. Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.
Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles. Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles. While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles. The number of circles where 3G spectrum was auctioned is 22.
Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.
DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). Tata Teleservices and Aircel was also party in the petition filed by the telcos.
A two-member bench of TDSAT in July gave a spilt verdict on the matter. While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.
Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.
Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.
Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange.
TNN | Oct 4, 2012, 02.35AM IST
PATNA: Patna high court on Wednesday directed the central government to submit details of the posts of doctors, teachers and paramedical staff for the Jaya Prakash Narain All India Institute of Medical Sciences (JPNAIIMS). The Centre also has to give the particulars of the doctors already appointed for the JPNAIIMS.
A division bench comprising Justice P C Verma and Justice A K Trivedi also directed the Centre to give particulars of the outpatient departments (OPDs) to be opened at the JPNAIIMS. The order was passed on a PIL of Council for Protection of Public Rights and Welfare.
Unhappy with the submission made by the counsel of the contractor firm, M/s B L Kashyap and Company that the construction of the JPNAIIMS hospital would be completed by May next year, the division bench directed the contractor to give undertaking that it would complete the hospital building by December 31, 2012, and hand over the building to JPNAIIMS functionaries to make the hospital functional from that day.
The contractor claimed that 90% of the hospital building had been constructed. The court, however, directed the advocates’ committee comprising the standing counsel Shashi Bhusan Kumar, petitioner’s counsel Brajesh Kumar and central government counsel Vinay Kumar Pandey, to inspect the site and submit the progress report.
The court directed the principal secretary, state building construction department, Bihar to start construction of the boundary wall of Guru Gobind Singh Hospital, Patna City. Standing counsel Shashi Bhushan Kumar submitted that the government had released Rs 1.87 crore for construction of its boundary wall.
The court directed the Bihar State Electricity Board (BSEB) to ensure uninterrupted power supply to Guru Gobind Singh Hospital. The court also directed the principal secretary, road construction department, and SSP, Patna, to take appropriate action for smooth flow of traffic on the road leading to the hospital.
PIL for doctors’ appointment: A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh recently directed the state government to file counter affidavit to a PIL giving details of the number of vacant posts of doctors in government hospitals right from the medical colleges and hospitals down to the additional primary health centres (APHCs). The court also directed the government to give details of availability of medicines in the government hospitals down to APHCs.
The court gave eight weeks time to the government to give details of the vacant posts of doctors in government hospitals. Petitioner Dhirendra Kumar has made the health department officials and all the district magistrates and civil surgeons of the state respondents seeking from them the details of the number of vacant posts in the medical colleges and hospitals, sadar and subdivisional hospitals, primary health centres (PHCs) and APHCs.
Petitioner’s counsel Sunil Kumar submitted that 60% posts of doctors in the government hospitals, PHCs and APHCs were lying vacant and due to this the existing doctors and paramedical staff were unable to cope with the workload.
TNN | Oct 4, 2012, 07.01AM IST
GUMLA: A team of government officials here rescued as many as 11 child labourers from different places here on Wednesday.
Seven people, who had employed the children in their trade will be prosecuted and a fine of Rs 20,000 will also be slapped on them, said labour superintendent Ramesh Prasad Singh.
All these children hailing from different localities of the township were handed over to the Child Welfsare Committee (CWC), Gumla.
Some of these children showed their willingness to go back to school before district social welfare officer (DSO) Gumla- Girija Shankar Prasad who led the raid team soon after they were recovered.
Prasad took these children to his office where the children asked him, “Sir, will you teach us?”.
“We raided seven places from where 11 children engaged in different menial jobs were recovered. They were working in a hotel, two hand carts and four garages. Now we will hand them over to Child Welfare Committee (CWC).” Prasad said.
These children will be under protection of the CWC Gumla and those who are willing to study will be enrolled under formal schooling, said its chairman Shambhu Singh.
Presently these children will be lodged in a school for hearing and speech impaired here.
After verification from their parents, further action for their rehabilitation will be taken, he added.
Govt proposes national centre to regulate chemical industry
http://www.business-standard.com/india/news/govt-proposes-national-centre-to-regulate-chemical-industry/488428/
Anindita Dey / Mumbai Oct 04, 2012, 00:36 IST
The ministry of chemicals and fertilisers had proposed to set up a national chemical centre to formulate environment and human-friendly policies and contain risks posed by chemicals.
This is aimed at streamlining legislation governing the industry and making entities concerned responsible for their acts. The industry, at present, is governed by multiple legislations under several ministries — the Environment Protection Act, 1986; Factories Act, 1948; Motor Vehicles Act, 1988; Explosives Act, 1884; Disaster Management Act, 2005; CWC Act, 2000 and Land Acquisition Act, 1894.
“What we need is a REACH (registration, evaluation, authorisation and restriction of chemicals) legislation enacted in the European Union for protecting human health and environment. The Sustainable Policy and Chemical Act could replace 40 different environment-related legislations. Besides, there are no specific legislations for registration, ban and classification of substances,” said an official source.
For this, the proposed centre would provide necessary regulatory framework, trade practices, duty structure and maintain an inventory of the chemical sector containing data on production, consumption, imports, exports and toxicological properties.
It also envisages setting up of the Chemical Standard Development Organisation under its jurisdiction to facilitate the industry to comply with international standards. The objective of these changes are primarily to increase exports and position India as the research and development hub for the sub-continent.
Exports have been affected by different guidelines across countries, specifically in Europe. Though chemical exports (drug and pharma, dye/intermediates/inorganic/organic and cosmetic/toiletries) grew by 34 per cent year over the year, much of the increase in CY12 has been due to rupee depreciation rather than actual volume because quantity-wise there has been only marginal increase in exports across categories. Also, there is need to diversify into speciality chemicals rather than focus on organic chemicals to exploit export opportunities.
For this, consolidation is necessary.
The government proposes to provide financial assistance for chemical companies for consolidation of smaller capacities and establish clusters by shifting downstream capacities closer to mother plants .
Surojit Gupta, TNN | Oct 4, 2012, 07.00AM IST
NEW DELHI: The government is set to give search and seizure powers to the Competition Commission of India (CCI) to help it investigate companies indulging in unfair trade practices.
Sources said it is one of the most significant elements in the amendments being proposed to the Competition Act, 2007 that would be discussed by the Union Cabinet on Thursday. The move will help the director general (investigation), who is attached to the CCI, to get information from companies that are not cooperating.
A probe by the DG is at the heart of most orders passed by CCI as it helps establish if a firm or an industry is indulging in unfair practices. Often, in the absence of data from companies investigation is hampered, officials said. As a result, the DG is now being given powers under the Code of Criminal Procedure with the safeguard that search and seizure can be done after getting a nod from the CCI chairman.
If the move on search and seizure is aimed at improving the quality of investigation by the fairplay watchdog, the government is also looking to provide protection to intellectual property systems of companies and other entities that deal with CCI.
In addition, in a move to help hasten mergers and acquisitions, the government is proposing in that a proposal would be deemed to be approved within 180 days, instead of 210 days prescribed at present. Currently, all M&As over a specified value have to be approved by CCI to check against creation of mega enterprises that dictate market terms. In fact, the law empowers CCI to seek an investigation to find out if a proposed combination is against the interests of consumers or not.
Similarly, companies can now hope to get an extension of 180 days, instead of 90 days, provided in the law at present as there is a proposal to amend the law to give more time if an extension is sought. Although the Competition Act has been in place since 2007, CCI decided to use the powers to clear M&As only last year. The law also empowers the regulator to ask companies to divide their business into multiple units in case it is felt that the entity has assumed a dominant position in the market.
Chitleen K Sethi : Chandigarh, Thu Oct 04 2012, 01:58 hrs
Seventeen years after it was passed by the Assembly, the Punjab Rent Control Act-1995, which is now going to be finally implemented, brings no cheer to those looking forward to it the most. The Act is going to be implemented prospectively — from the date of notification — and will protect the interests of only those landlords and tenants who sign rent agreements and deeds after the date of notification.
Thousands of landlords and tenants who are embroiled in protracted litigation for decades over the payment of ludicrously low rents in old city markets will not get any relief under this Act. Sources said the move comes in wake of immense pressure on the SAD leadership by the BJP, which has a major vote bank among shopkeepers in towns.
Though the cabinet on Tuesday had adopted the 1995 Act per se, which extends to existing tenancies, it has been decided that the Act be amended the day it is notified to state that it will not be applicable to existing tenancies. The amendment will then be passed as an ordinance and only then will the Act be implemented.
Parts of Section 3, 6, 7 and 9, which allowed existing landlords to demand a certain minimum revised rent from the tenant will removed from the 1995 Act. Existing landlords cannot move the rent authority, which will be constituted under the Act for relief in older cases. They would continue to be governed by the Eastern Punjab Rent Restriction Act-1949.
While this renders the Act useless for those landlords who are already stuck with low rents, it is expected to make the tenancy laws stricter for the future. The new Act provides for a compulsory registration of the tenancy agreement between the landlord and the tenant.
Also, the implementation of the Act will help the state get its share of JNNURM funds. Existence of rent control laws is one of the several reforms to be carried out by the states to be eligible for JNNURM funds.
Since the Act is going to be implemented from the day it is notified, the cabinet has also done away with the limit of Rs 2,000, which had earlier been set as the cut-off rent amount for the implementation of the Act. The 1995 Act had laid down this limit as Rs 1,500 to Rs 3,000 depending on the area where the property is located. However, the Act will be amended to exclude any such limit.
The Punjab Rent Control Bill was passed by the Assembly in April 1995 and got the President’s assent in 1998. However, the Act was never notified.
The Act arms the landlord with legal teeth to evict tenants. The strong tenant lobby, however, has been opposing Act for years on the grounds that it will lead to an increase in rents. The BJP has been airing the cause of the tenants and objecting to the notification of the Act.
http://www.deccanherald.com/content/282863/mrashtra-gets-notice-farmers-suicides.html
Mumbai, Oct 3, 2012, DHNS:
565 cultivators took their lives since January 2012
The National Human Rights Commission (NHRC) has slapped a notice on the Maharashtra government seeking explanation on farmers committing suicide in Vidarbha region “as it is tantamount to the violation of human rights”.
Last month, there were reports that seven farmers took their lives in a span of three days due to the worsening agrarian crisis in the region.
Speaking to Deccan Herald from Nagpur on phone, Vidarbha Jan Andolan Samiti (VJAS) leader Kishore Tiwari said: “The National Human Rights Commission (NHRC) has asked the state chief secretary to file a report within six weeks not just on the death of seven farmers but has also asked for a detailed analysis of the agrarian and socio-economic problems that are forcing farmers in the region to take their own lives.”
Tiwari said the human rights commission has also taken cognisance of the petition moved by the VJAS.
The petition states that the entire cotton belt of Vidarbha has become a ribbon of death for farmers due to the state government’s lop-sided policies. The data compiled by VJAS indicates that from January, around 565 farmers have committed suicide to escape the dire economic straits arising out of agrarian policies.
According to Tiwari, one of the key issues haunting the farmers in the region is the use of genetically modified (BT) cotton seeds.
“While they (seed manufacturers) may be painting a rosy picture of Vidarbha cotton cultivation, the seven farmers who killed themselves last week in a span of 72 hours did so because BT cotton is vulnerable to a particular pest attack and despite heavy pesticide spraying, damage to the crop could not be stopped.
“And this is not all…the pesticide spraying has resulted in rampant poisoning. Reports from Yavatmal hint that the administration in Yavatmal admitted that at least 28 farm labourers involved in pesticide spraying succumbed to ‘food poisoning’ and 150 others were admitted in various government hospitals in the last 30 days,” Tiwari said.
Kerala to pay Rs. 10 lakh to former ISRO scientist as compensation
http://www.thehindu.com/news/states/kerala/kerala-to-pay-rs-10-lakh-to-former-isro-scientist-as-compensation/article3961760.eceRoy Mathew
Kerala Cabinet on Wednesday directed payment of Rs. 10 lakh to ISRO scientist Nambi Narayanan as damages for being falsely implicated in the ISRO espionage case in 1994.
Chief Minister Oommen Chandy told the media after the Cabinet meeting that the government was ordering immediate release of the interim compensation awarded by the National Human Rights Commission (NHRC) against background of criticism that the government was delaying the payment.
Replying to a question, the Chief Minister said that the government would examine the circumstances under which the government had withdrawn action, recommended by the CBI, against police officers who had implicated Mr. Narayanan.
It may be recalled that the State government had challenged the award of compensation ordered by the NHRC in 2001 before the High Court; but the Court upheld the award in an order last month. The espionage case was first investigated by the Kerala police and then handed over to the CBI. The CBI found that no espionage had taken place as alleged. Following his acquittal in the case, Mr. Narayanan moved the NHRC for compensation.
Qasab deserves legal aid to draft mercy plea
http://www.mumbaimirror.com/article/2/2012100420121004020503161a2c1a95e/Qasab-deserves-legal-aid-to-draft-mercy-plea.htmlAdvocate Yug Chaudhry on why due process must be followed even in this rarest of rare cases
Posted On Thursday, October 04, 2012 at 02:04:36 AM
A week after Ajmal Qasab was sentenced to death, advocate Yug Chaudhry wrote to the Home Minister and the NHRC, pointing out that Qasab was entitled to legal aid in drafting his mercy petition.
Dismayed at the news that the mercy petition, drafted without legal help, has been rejected, Chaudhry tells Jyoti Punwani why it is necessary to follow the spirit and letter of the law - even in Qasab’s case.
Why are you so concerned with Qasab getting legal aid at this stage? Haven’t we given him a fair trial, despite his obvious guilt?
Yes we have given him due process thus far, and that is why we must continue to do so. Qasab has a right to file mercy petitions before the governor and the President, but he lacks the wherewithal to so. He is illiterate, a stranger to our laws, and a foreigner abandoned by his countrymen.
Since he is clearly ill-equipped to make a mercy petition which it is his right to make, he must be given the necessary assistance. He also has a right under our constitution to legal aid at every stage of the judicial and post-judicial proceedings. For rights to be meaningful, they must be accompanied by facilities that render those rights accessible. If we believe in our Constitution and the rule of law, we cannot make an exception in his case.
Can a legally drafted mercy petition make any difference to Qasab’s fate? He cannot plead innocence or lack of a fair trial.
Neither would a fair trial have made any difference to his fate, but would that have been a reason to deny him one? The question is not whether a mercy petition would make a difference, but whether he is entitled to make one and to receive the necessary assistance.
The moment we allow ourselves, through sheer majoritarian sentiment, to decide outcomes without due process, we put all our liberties in jeopardy and negate the very essence of rights, which is to protect each of us from ad-hoc, majoritarian caprice. The scope of a mercy petition encompasses more than innocence and a fair trial, and few lay persons, let alone an illiterate person, would be competent to draft one unaided.
Given that the death penalty exists in India, doesn’t Qasab deserve it?
An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a footsoldier to India are mitigating factors that entitle him to the lesser penalty. Qasab’s crime should be contexualised without minimising it, and then we should ask ourselves why are we clamouring for Qasab’s execution while content with life sentences for Babu Bajrangi and Maya Kodnani who perpetrated the Narodya Patya massacres. They killed more or less the same number of people in an equally gruesome manner. Maya Kodnani held public office, and turned on those she was charged to look after and protect. If she doesn’t deserve the death sentence, why does he?
How else can Qasab be punished, given the enormity of his crime?
Keep him in prison for the rest of his life. Treat him like a human being so that he becomes human again and realises the enormity of his crime. Allow for the possibility of repentance and reformation.
Do you feel Qasab deserves mercy?
I think all of us - the best and the worst - are in need of mercy, and it is only by showing mercy that, morally, we ourselves become entitled to receiving it. Bereft of mercy, our society would be impoverished and inhuman, for mercy is quintessentially a human quality, not found elsewhere in the natural world. In classical thought and in many faiths, mercy is the manifestation of divinity within us, of a god who is the ultimate bestower of mercy.
As for “deserving”, give each man his deserts and who shall escape a whipping? Justice and mercy operate in mutually exclusive realms. It is only when justice demands that punishment be inflicted that mercy comes into play. Mercy tempers justice, makes it less exacting, more humane. Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.
Asergis moves Tribunal against Airtel
http://www.thehindubusinessline.com/industry-and-economy/info-tech/article3962020.eceOur Bureau
New Delhi, Oct. 3:
Asergis Telecom Services Pvt Ltd., a fully-owned subsidiary of UK-based Asergis Global Services Ltd, has filed a petition in Telecom Disputes Settlement and Appellate Tribunal for restraining Bharti Airtel, from allegedly blocking its subscribers to access Asergis’ toll-free numbers.
Asergis has taken toll-free numbers on lease from Tata Teleservices to avail itself of the facility of audio conferencing. Bharti Airtel and Tata Teleservices have an interconnection agreement between themselves.
One of Asergis’ European customers wanted to use its conferencing services in India through toll-free numbers. Asergis ordered 71 toll-free numbers to Tata Teleservices. Asergis’ European customer has put up one number on a trial basis as a pilot project to check the quality and other technical parameters.
Within a week of operations, the revenue on this toll-free number shot up to Rs 6 lakh. However, before the actual project could take off Bharti Airtel allegedly blocked the traffic originating from its network to Asergis’ toll-free numbers.
The company claimed that Bharti Airtel has blocked access of its subscribers to Asergis’ toll-free numbers purportedly on the ground that Asergis is offering the facility of ‘international’ toll free service in guise of ‘domestic’ toll free service. Asergis in its petition to the Tribunal has mentioned that all calls are inbound and hit Tata Teleservices platform, i.e. conferencing bridge, at Delhi only.
thomas.thomas@thehindu.co.in
Centre plans one tribunal for all inter-state water disputes
http://www.business-standard.com/generalnews/news/centre-plans-one-tribunal-for-all-inter-state-water-disputes/64014/
Press Trust of India / New Delhi October 03, 2012, 20:05
Unhappy with the slow progress made by various tribunals dealing with sensitive inter-state water disputes, government is contemplating having a single permanent body to tackle such cases.
The Centre today informed the states that it is in the process of intra-ministry consultations on the issue.
“We could have a ‘standing tribunal’ for the purpose. All the members could be there under one tribunal and there could be benches…One bench of three members could deal with more than one dispute,” Union Water Resources Minister Pawan Kumar Bansal said.
He was talking to reporters here after the 14th National Conference of State Water Resources and Irrigation ministers.
Bansal said the Ministry proposes to amend the Inter-state River Water Disputes Act, 1956, for the purpose.
He said the Centre’s experience has been that the tribunals continue for an “inordinately long time and for one reason or the other, decisions are not taken.”
Bansal pointed out that in most of the cases even after the tribunal gives its award, one of the affected states moves the Supreme Court through a Special Leave Petition.
The Water Resources Ministry had approached the Law Ministry in 2010 on the issue and one of the ideas which came out was to abolish the inter-state Water Disputes Act and ask states to directly approach the Supreme Court — and not the High Courts — with their cases.
SAT sets aside Sebi order against JP Associates’ Chairman
http://www.moneycontrol.com/news/business/sat-sets-aside-sebi-order-against-jp-associates-chairman_764632.html
The Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates’ Chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
Source: PTIThe Securities Appellate Tribunal (SAT) today set aside the penalties imposed by market regulator Sebi on infrastructure major Jaiprakash Associates ‘ chairman Manoj Gaur and his two family members in a case of alleged insider trading in the company’s shares.
After hearing the appeals by Jaiprakash Associates executive chairman Manoj Gaur, his wife Urvashi Gaur and brother Sameer Gaur against a Sebi order imposing penalties of Rs 10 lakh each, SAT today said that there were not enough evidences to prove the charges.
After a probe into the dealings of shares during the period September 29, 2008 to October 27, 2008, Sebi had found them guilty of norms related to insider trading, as it charged Urvashi and Sameer Gaur of trading in the stock on the basis of ‘unpublished price sensitive information’ relating to financial results of the company shared by Manoj Gaur.
However, SAT upheld the penalties of Rs 10 lakh each against three other entities — the company’s whole time director S D Nailwal, company secretary and compliance officer Harish K Vaid, and Vaid-headed HUF (Hindu Undivided Family).
Sebi had alleged that these entities had also traded in the company’s shares on the basis of Unpublished Price Sensitive Information (UPSI) relating to financial results for the quarter ending September 30, 2008.
All the entities, on whom Sebi had imposed penalties, had approached the tribunal to appeal against the order.
“The Board (Sebi) has not brought any evidence on record, direct or circumstantial, to show that he (Manoj Gaur) had passed on this information to either Urvashi Gaur or Sameer Gaur or that the trading done by Urvashi Gaur on October 13, 2008 or Sameer Gaur on October 13, 14 and 16, 2008 was based on UPSI,” SAT said in its order.
The SAT further observed that the quantity of shares traded by Sameer Gaur and Urvashi Gaur was too small and they were regularly trading in the shares of Jaiprakash Associates as well as some other companies.
“Looking at the trading pattern, the number of shares purchased and going by their status, it seems highly improbable that trading was done by them on the basis of UPSI.
“On the other hand, it is more probable that they traded in the normal course of business. If the intention of Urvashi Gaur and Sameer Gaur had been to capitalise on the UPSI allegedly communicated by Manoj Gaur, the quantum of purchase would not have been so small,” SAT said.
“We, therefore, set aside the impugned order and allow in its order on appeals by Vaid, his HUF and Nailwal, the tribunal observed that the entities have not been able to prove that the trading was not done on the basis of USPI.
“We, therefore, cannot find any fault with the findings arrived at by the adjudicating officer,” SAT noted.
Rs 30.58 Lakh for accident victims’ family
http://www.hindustantimes.com/India-news/NewDelhi/Rs-30-58-Lakh-for-accident-victims-family/Article1-939462.aspx
PTI
New Delhi, October 03, 2012
The wife and children of an NDMC employee who lost his life in a road mishap involving a speeding car, have been awarded Rs. 30.58 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here. MACT presiding officer Arun Bhardwaj directed Oriental Insurance Co Ltd with which the
vehicle was insured to pay the compensation to the widow and children of 51-year-old Gaj Ram, a resident of West Delhi.
“Total compensation payable to the petitioners (family of deceased) would be R 30,58,884… Insurance company has not put up any defence. Therefore, compensation is to be paid by insurance company,” the tribunal said.
According to eyewitnesses’ testimonies, victim Gaj Ram was riding his motorcycle near sector one red light at Dwarka here at 6.15 am on July 10, 2011, when a speeding WagonR hit his two-wheeler from behind due to which he fell down and came under the car’s wheels.
He was taken to Deen Dayal Upadhyay Hospital in the offending vehicle itself, but after getting to the hospital the driver had fled away, the prosecution had said. Gaj Ram succumbed to his injuries suffered in the accident, it had added.
Compensation for girl after 12 years
http://www.asianage.com/mumbai/compensation-girl-after-12-years-250Oct 04, 2012 |
The Thane Motor Accident Claims Tribunal awarded compensation worth `12 lakh to a girl, 12 years after she lost her father in a road accident. The girl was nine years old at the time.
Dakshati Jain’s father, Rajkumar Jain, who ran a private business, was killed when a truck hit his car on the Mhape-Turbhe road in April 2000.
Citing that Rajkumar was the sole bread earner of the family, the girl filed a compensation claim of `15 lakh. Dakshati had lost her mother only a year prior to her father’s death. After hearing the petition, the court stated that the owner of the truck and the insurance company, National Insurance, were jointly liable to pay the compensation. The court held that the truck driver was culpable for rash and negligent driving.
The court relied on the submissions made by the tax consultant of the deceased and assessed his income to be `56,000 per annum. On the basis of this figure, it arrived at a compensation of `8.40 lakh with a multiplier of 15, after considering the age of the deceased and the claimant. The court also allowed `2,000 towards funeral expenses and an additional `5,000 for loss of life. On the total compensation, the court ordered payment of interest at the rate of seven per cent per annum till the date of realisation.
Tea factories in need of natural gas supply
http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0412/at09
AJIT PATOWARY
GUWAHATI, Oct 3 – Tea industry is in an urgent need to connect the tea factories located inside the non-development zone (NDZ) around the Numaligarh Refinery Ltd (NRL) with a natural gas supply network.
The September 7, 2012 order of the National Green Tribunal to close the tea factories that run on fossil fuel on the ground of pollution, has made the tea industry wary as to the fate of such factories. There are 25 tea factories in the NDZ and within its 500 metres’ distance. The NDZ was created to save the Kaziranga National Park (KNP) from further pollution after the establishment of the Numaligarh Refinery in its vicinity.
North Eastern Tea Association (NETA) and Assam Tea Planters’ Association (ATPA) have already made an appeal to State’s Industry Minister Pradyut Bordoloi to direct the Assam Gas Company Limited (AGCL) to supply natural gas to these factories.
“Natural Gas is considered as an eco-friendly fuel. AGCL is already supplying natural gas to some tea factories of Golaghat district in addition to the tea factories of Upper Assam. Therefore, if AGCL expands its network and supplies natural gas to the factories under NDZ, then the tea industry will be able to fulfill all the requirements of the National Green Tribunal Judgement”, says Bidyananda Barkakoty, Chairman NETA.
On July 5, 1996, the Union Ministry of Environment and Forests declared an area of 15km radius around NRL as an NDZ. The notification had specifically directed that on and from the date of its publication, the extension of the industrial area, township, infrastructural facilities and such other activities which could lead to pollution and congestion, shall not be allowed within the prohibited zone, except with the prior approval of the Central Government.
On September 27 last, the Assam State Pollution Control Board (SPCB) also issued a notification. It said: “The factories located within and up to a distance of 500 metre beyond the limit of the Co-ordinates of “No Development Zone” around the Numaligarh Refinery and having boiler run on fossil fuel are directed to switchover to alternative source of energy like LPG, electricity, solar heating etc, within 06/12/2012 else stop their operation.”
The Green Tribunal had directed the SPCB and other authorities to ensure that no tea processing units having boiler using fossil fuel operates within the NDZ and take immediate steps to stop their operation.
Two women working for Rs. 15 a month for 42 years
http://www.thehindu.com/news/states/karnataka/two-women-working-for-rs-15-a-month-for-42-years/article3962218.ece?homepage=trueSpecial Correspondent
Here is a classic case that will reveal how the “high-handedness” of a few officials has affected the lives of two Dalit women in Udupi.
The two women, Akku and Leela, have put in about four decades of service at the Government Women Teachers’ Training Institute on a monthly salary of Rs. 15. Although they were promised that their services would be regularised, they did not get any benefits even after 42 years of service.
After the women approached the Karnataka Administrative Tribunal (KAT) seeking relief in 2001, the Education Department stopped paying them even that meagre salary of Rs. 15.
Their plight came to light after Ravindranath Shanbhag, president of Udupi-based Human Rights Protection Foundation, took up the matter and followed up the case right up to the Supreme Court.
Addressing presspersons here on Tuesday, Mr. Shanbhag said that although the Supreme Court, the High Court of Karnataka and the Karnataka Administrative Tribunal ruled in favour of the women and directed the government to regularise their services, the order is yet to be implemented by the government.
Meanwhile, the women continue to clean the 21 toilets in the institute all through the year without any payment, he said.
“The Karnataka Administrative Tribunal asked the government in 2003 to regularise them in 90 days and the Karnataka High Court ordered the government to pay their salaries in 2004. Notices were also issued for contempt of court when the directions were not implemented. Instead of paying them salaries, the government filed a special leave petition before the Supreme Court in 2005.
“The Supreme Court ruled in the women’s favour in 2010. Despite all this, the women are still waiting to get their benefits,” Mr. Shanbhag said. “Now, the authorities say that the women were not employable because they had reached the retirement age. I am surprised that the government spent lakhs of rupees on fighting the cases against the hapless women rather than pay what is due to them.
Is there any other court above the Supreme Court that can give justice to these women?” Mr. Shanbhag asked and urged the government to pay what is due to the women.
Sharan appointed NCW Member Secretary
http://www.business-standard.com/generalnews/news/sharan-appointed-ncw-member-secretary/63811/
Press Trust of India / New Delhi October 03, 2012, 15:05
Senior IAS officer Ajit M Sharan has been appointed as Member Secretary in National Commission for Women (NCW).
Sharan, a 1979 batch officer of Haryana cadre, will be in the rank and pay of Additional Secretary.
The Appointments Committee of the Cabinet has also appointed Rajiv Mehrishi, an IAS officer of 1978 batch of the Rajasthan cadre, as Secretary, Ministry of Overseas Indian Affairs in the vacancy of Parvez Dewan, a 1977 batch IAS officer of Jammu and Kashmir cadre
Mehrishi is presently Special Secretary, Department of Agricultural Research and Education, Ministry of Agriculture.
He will also hold additional charge of the post of Secretary, Ministry of Micro, Small and Medium Enterprises for a period of three months with immediate effect or until further orders whichever is earlier.
The ACC has also approved the repatriation of T S Randhawa, 1979 batch IAS officer, to his Gujarat cadre with effect from September 28, 2012 along with the option to allow the officer to stay on and retire from the Government of India should he so wish, a release from the Department of Personnel and Training said today.
Pankaj Jain, 1978 batch IAS officer of Jammu and Kashmir cadre, as Secretary, Ministry of Drinking Water and Sanitation will hold additional charge of the post of Secretary, Department of Land Resources, Ministry of Rural Development with effect from October 1, 2012 for a period of three months or until further orders..
Judge blasts government for harming education
http://timesofindia.indiatimes.com/city/hyderabad/Judge-blasts-government-for-harming-education/articleshow/16661649.cmsTNN | Oct 4, 2012, 02.10AM IST
HYDERABAD: Justice L Narasimha Reddy of high court has criticised the attitude of the state government and the board of intermediate education for virtually functioning like front offices of some powerful corporate houses at a time when government and aided junior colleges were being closed down. The judge asked the director and commissioner of intermediate education to ensure that no private junior college runs in accommodation other than the one approved by the competent authority.
The judge was dealing with a writ petition filed by Vidyaranya Junior College, Warangal. The petitioner contended that the regional inspection officer had submitted a report against it to the secretary of the board of intermediate education following which the college had now been directed to close its gates without being given an opportunity of defending itself. The judge heard the matter and, by way of interim orders, wondered how the 10+2 education had been commercialised.
The judge said that private educational societies had stepped in which have “virtually reduced the activity of education to that of commerce of the worst order”. He referred to reports alleged how bright students studying in aided and government junior colleges were being ‘purchased’ by private coporate colleges who then presented them as examples of merit to attract more students.
He said that some corporate groups had become so strong that even examination centres were selected in keeping with their whims and fancies. The judge wondered how many government-aided junior colleges have been closed down on the grounds that there is no playground even as officials ignore flagrant violations by private junior colleges.
Referring to the present case, the judge commended the official who inspected the petitioner college and documented the sad state of affairs. Right in the middle of a residential area in a multi-storied complex, the Warangal college was being run sans authorization with open air toilets on the top floor having been constructed for students.
The judge said that, at the present stage, no interim orders may be passed. The secretary to the board of intermediate education, the director and commissioner of intermediate education have been asked to provide the list of institutions found to have resorted to unauthorized use of buildings, indicating the nature of violations, by October 15.
Amicus Raju declines fee in Kasab case
http://www.thehindu.com/news/national/amicus-raju-declines-fee-in-kasab-case/article3962549.eceLegal Correspondent
Honororium for him and Gaurav Agrawal will go to kin of slain policemen
The Supreme Court has appreciated the gesture of amicus curiae Raju Ramachandran and his junior Gaurav Agrawal in not accepting their legal fee in the Kasab case — Rs. 14. 5 lakh — and directed the Maharashtra government to distribute this amount equally in six weeks to the kin of 18 policemen and other security personnel killed in the 26/11 Mumbai carnage.
A Bench of Justices Aftab Alam and C.K. Prasad, while upholding the death sentence awarded to Pakistani gunman Ajmal Kasab, had asked the Maharashtra government to pay Mr. Ramachandran and Mr. Agrawal Rs. 11 lakh and 3.50 lakh respectively as token remuneration for their valuable assistance to the court.
(Senior counsel Gopal Subramanium, who appeared for Maharashtra, accepted Re. 1 as token remuneration.)
After the judgment, Mr. Ramachandran and Mr. Agrawal filed a joint application requesting the court that their remuneration be given to the Supreme Court or Maharashtra legal services authority or any other body which could help poor and needy litigants. Accordingly, the Bench on Wednesday modified the earlier direction. It said, “We appreciate the high standards of professional ethics set by Mr. Raju Ramachandran and Mr. Agrawal.”
It’s Judicial Academy
The Bench also pointed out that what was referred to as ‘National Judicial Authority’ in its earlier judgment should read as the National Judicial Academy.
The relevant paragraph should read: “From the records of the case, he [trial judge M.L. Tahiliani] appears to be a stern, no-nonsense person. But he is a true flag-bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Academy and the judicial academies of the different States as a model for criminal trial proceedings.”
PIL to remove anti-Islam clips from YouTube filed in HC
http://articles.timesofindia.indiatimes.com/2012-10-03/internet/34238313_1_anti-islam-google-india-pilPTI Oct 3, 2012, 07.20PM IST
NEW DELHI: A group of lawyers today moved the Delhi High Court seeking a direction to Centre to ensure that Google India removes from YouTube trailers of a controversial film deemed offensive to Islam that has sparked protests in several parts of the world.
Responding to the plea, government’s counsel Additional Solicitor General (ASG) Rajeev Mehra submitted that various courts in India have also passed orders on the same issue and the government has taken action against the websites.
“The government has already blocked 157 URLs and let the petitioner give the link, we would take action,” the senior law officer said.
A division bench of chief justice D Murugesan and justice Rajiv Shakdher reserved the order after hearing the parties.
Alleging that the film was “anti-Islam”, the PIL said “direction against the respondents (Centre, Google India and You Tube) to completely remove and blocks the links of the entire movie/trailers…. and all the clips emanating from the movie up-loaded on You Tube owned by Google and shown in India.”
The petitioners sought removal of 13 minutes video clip/trailer from You Tube.
Appearing for the petitioners, senior advocate Kirti Uppal assisted by Sarfraz Khan argued that countries like Brazil, Argentina and Russia have banned the film and removed the video clips from the site.
According to petitioners, the internet companies should have taken a proactive approach in disbanding such content and alleged that such sites “have no code of conduct and behave irresponsibly.
Spy funds used in PIL against army chief?
http://www.hindustantimes.com/India-news/JAndK/Spy-funds-used-in-PIL-against-army-chief/Article1-939541.aspx
Harinder Baweja, Hindustan Times
Srinagar, October 04, 2012
New army chief General Bikram Singh (R) inspects a guard of honour at the defence ministry in New Delhi. AFP/Prakash Singh
A probe is on to find if the army’s secret funds were used to ‘sponsor’ the October 2011 Public Interest Litigation (PIL) against army chief General Bikram Singh over an alleged fake encounter in the Kashmir valley. The board of officers set up to probe the funding of the Technical
Services Division (TSD) — a controversial military intelligence unit formed during former chief Gen VK Singh’s tenure — is investigating if there’s a link between the TSD and the PIL.
The PIL was filed by YES Kashmir, a lesser known NGO, in the Jammu and Kashmir high court and alleges that Abdullah Bhat, a civilian, was killed in a fake encounter in 2001 in Anantnag.
Gen Bikram Singh – then a brigadier in the Kashmir valley – was injured in the encounter. The PIL claims Bhat was branded a militant by the police.
Sources said the board, headed by DG Infantry Lt Gen Vinod Bhatia, is focusing on the PIL, which if admitted by the high court could embarrass Gen Singh and the government.
Asked for a response, an army spokesperson said: “The board of officers is on, we aren’t in a position to comment.”
During a recent visit to the Kashmir valley, the board of officers met sources of the TSD and asked them pointed questions about the origin of the PIL.
The board is probing if YES Kashmir, which filed the PIL, was in any way linked to J and K Humanitarian Services, an NGO learnt to have been funded by TSD for ‘psychological operations’.
The operations include cricket matches and social work like blood donation camps, particularly during the 2010 stone-pelting protests in the valley.
Sources said the operations were known only to then chief VK Singh and the director general of military intelligence, and J and K Humanitarian Services was paid Rs. 2.40 crore for the purpose.
Documents show the TSD to be behind anti-Hurriyat protests in several Kashmir towns.
The inquiry into the TDS’s functioning is likely to have a bearing on such intelligence operations aimed at countering militant groups.
Mayor inspects roadside shops in Civil Lines area
http://timesofindia.indiatimes.com/city/allahabad/Mayor-inspects-roadside-shops-in-Civil-Lines-area/articleshow/16664093.cmsTNN | Oct 4, 2012, 07.46AM IST
ALLAHABAD: Mayor Abhilasha Gupta on Wednesday inspected the roadside shops in Civil Lines which the Allahabad Municipal Corporation wants vacated. The AMC had rented out these shops in 1970.
President, Azaad Hawker and Street Vendors Union, Ravi Shankar Dwivedi said these shopkeepers have been running restaurants and grocery outlets since 1970.
On September 26 last, the AMC asked them to vacate the citing a court order on a PIL seeking shifting of illegal vegetable market at Ram Narain Lal road. However the court order nowhere mentions pucca shops on Civil Lines pavements.
He said the above decision has been taken without taking the Nagar Nigam into confidence. In this connection, the shopkeepers sought the intervention of mayor Abhilasha Gupta who visited the area and listened to their grievances. The mayor assured to look into the matter, said Dwivedi.
Tiger numbers have risen, insists Centre
http://www.deccanherald.com/content/282881/tiger-numbers-have-risen-insists.html
New Delhi, Oct 3, 2012, DHNS:
The Centre on Wednesday reiterated before the Supreme Court that the number of tigers has risen in the country, a claim disputed by conservationists.
Additional Solicitor General Indira Jai Singh told a bench of Justices A K Patnaik and Swatanter Kumar that the population of tigers was 1,411 according to the 2006 survey, and their number had gone up to 1,706 in the 2010 survey.
Senior advocate Chander Uday Singh, appearing for Tehelka, a PIL petitioner, claimed that the government position was wrong.
He said the rise in the number of the big cats between the two census was only because the tigers of Sundarbans were not counted during the 2006 census. Singh submitted that she had reliable statistics on the subject and would present relevant records before the court.
Other advocates also said that the variation in number of tigers was due to different methods of counting the big cats.
During the hearing, the bench extended the ban on tourism in core areas of tiger reserves. The court said that it would first hear all the parties in the case and then pass its order on the Centre’s September 26 submission of fresh guidelines seeking the court’s permission to allow tourism up to 20 per cent of the core tiger reserve areas across the country.
This was opposed to its previous stand seeking a total ban on tourism in the core areas of tiger reserves. The apex court, as an interim measure on July 24, said that till further orders, no tourists should venture into core zones of 41 tigers reserves.
“Current tourism zones where only tourist visits are permitted and there are no consumptive uses, tiger density and recruitment does not seem to be impacted. For this reason, permitting up to 20 per cent of the core/critical tiger habitat as a tourism zone should not have an adverse effect on the tiger biology needs,” the Ministry of Environment and Forest (MoEF) said, showing a change of heart.
“It is recommended that a maximum 20 per cent of the core/critical tiger habitat usage (not exceeding the present usage) for regulated, low-impact tourist visitation may be permitted,” it said.
However, the new guidelines said that no new tourism infrastructure should be created in the core areas while existing residential infrastructure should be strictly regulated to ensure low ecological impacts.
KNPP Stir: TN Govt Rejects Charges of Police Excesses
http://news.outlookindia.com/items.aspx?artid=777157
Madurai | Oct 03, 2012
Tamil Nadu government today rejected in Madras High Court Bench here charges of police excesses against anti-nuclear protestors and said they had exercised ‘maximum restraint’ while dealing with them during their bid to lay a siege to Kudankulam Nuclear Power plant.
It also denied having blocked essential commodities reaching the anti-nuclear protestors.
Responding to a PIL, seeking a judicial probe into the Sep 10 police action, Additional Advocate General Chellapandian told Justices Sukuna and Mala that the activists had tried to reach KNPP through the rear by the sea, but were stopped 500 metres away.
They then resorted to violence and attacked policemen, injuring some of them. Police had to resort to “mild action” to disperse them, he said.
He said police had exercised extreme restraint and had not arrested anyone, though it was an unlawful assembly of people, as prohibitory orders were in force.
The petitioner Vanchanathan also sought action against a Coast Guard pilot for allegedly causing the death of an anti-nuclear protestor by flying an aircraft very low while keeping vigil during the subsequent Jal Satyagraha in the sea.
Pressing for a judicial probe, he alleged police had trespassed into houses and a church.
The petitioner claimed that the man had fallen down in shock after the CG pilot flew a sortie below 1,000 feet, got injured and later died and that many others had fainted after the aircraft went very low.
He said a fact-finding committee which toured the areas had also reported of ‘excesses’ by police. People had been protesting for long and had never indulged in violence.
Another counsel for the petitioner cited various Supreme Court rulings and said a judicial probe should be ordered if police had acted in excess to what the situation warranted.
The judges after hearing counsels, posted the case for hearing tomorrow.
Finally, UP to ban gutkha from April next year
http://www.indianexpress.com/news/finally-up-to-ban-gutkha-from-april-next-year/1011783/Express news service : Lucknow, Thu Oct 04 2012, 06:08 hrs
A day after the expiry of the 14-day deadline set by the Allahabad High Court, the UP government on Wednesday decided to ban the manufacture, sale and consumption of gutkha with effect from April 1, 2013.
Justifying its decision to give six months’ time to gutkha manufacturers, the government said this was necessary to help those engaged in the industry to find alternative occupation and employment. A division bench of Allahabad High Court, comprising Justices Amar Saran and Anurag Kumar, had given 14 days time to the state government to ban gutkha on September 18. The deadline ended on October 2, which was a holiday. On Wednesday, the state government issued the necessary order. The ban has been imposed keeping in view the Food Safety and Standards Act, passed by Parliament, an official statement said. Like other states which have followed the Act, UP is also imposing a ban on gutkha industry which had been operating for a long time in the state, it added. Among the states which have already banned gutkha are Delhi, Maharashtra, Gujarat, Bihar, Madhya Pradesh, Rajasthan and Haryana. The next hearing of the PIL, which was filed by Indian Dental Association and Dr A K Mehrotra, an activist working for the prevention of cancer, is scheduled for October 10.
Kerala high court frowns at serial public interest litigations
http://timesofindia.indiatimes.com/city/kochi/Kerala-high-court-frowns-at-serial-public-interest-litigations/articleshow/16661738.cmsTNN | Oct 4, 2012, 02.24AM IST
KOCHI: The Kerala high court on Wednesday slapped a fine of Rs 50,000 on a litigant who persisted with public interest litigation (PIL) despite the court’s earlier ruling that there was no public interest involved. A division bench of Chief Justice Manjula Chellur and Justice A M Shaffique pointed out that the PIL filed by A Subair against building a flyover in Thiruvananthapuram was itself against public interest.
The court imposed a fine on Subair after noticing that he had filed a total of five PILs. Subair had alleged in his PIL that unscientific construction carried out for the flyover at Thakaraparambu would cause damage to Sree Padmanabhaswamy Temple. This was disproved by the archaeological department.
In State of Uttaranchal vs Balwant Singh Chaufal, the Supreme Court had clarified that PIL is aimed at redressing serious public harm or grievance. The SC also asked courts to ensure that there was no personal gain or private motive behind filing of PILs.
Oshiwara residents move court to save open space
http://www.hindustantimes.com/India-news/Mumbai/Oshiwara-residents-move-court-to-save-open-space/Article1-939563.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
An organisation of Oshiwara residents has approached the Bombay high court challenging allotment of two plots – one of which is the only open space in the area – to an educational institute for setting up an international school.
One of the plots has been reserved for a playground, and the other for a municipal school.
The division bench of chief justice Mohit Shah and justice Niteen Jamdar has directed the state government to file affidavits in response to the PIL filed by the Oshiwara Lokhandwala Citizens Association.
The association has contended that the 3,850 sq m plot reserved for the playground was the only open space for thousands of citizens in the area. The other plot, admeasuring 2,160 sq m, is shown in the Development Plan of the city as sanctioned for a municipal school.
They have also challenged the allotment stating it is contrary to the provisions of the Maharashtra Regional Town Planning Act. The allotment is also contrary to the law laid down by the Supreme Court in various rulings – that public land cannot be given away through any methods except public tenders and for the best price.
In January 2002, Maharashtra Government had ordered Maharashtra Housing and Development Authority (Mhada) to allot both plots to the Janata Education Society.
In August 2008, a Lease Deed was executed by Mhada, leasing both the plots for 30 years, after the educational institution paid premium of Rs. 6.11 crore and nominal lease rent of Rs. 31 per annum for the plots.
The PIL states in February and March 2012, residents were told that a playground and garden would be developed on the larger plot and the amenities would be available for residents once the construction of an international school on the adjoining plot is complete.
However, the association alleged that the ground is open to residents only for an hour in the morning and two hours in the evening.
Apprehending that the only open space available may be lost, the association has sought cancellation of the allotment and direction to the authorities to take back possession of both the plots and hand over the plot meant for the playground to the residents.
Government cannot touch pricing mechanism of essential drugs: Supreme Court
http://profit.ndtv.com/news/nation/article-dont-touch-pricing-mechanism-for-essential-drugs-supreme-court-tells-government-311594NDTV | Reported By: A Vaidyanathan | Updated On: October 04, 2012 08:15 (IST)
The Supreme Court today asked the Centre to inform the court within a week when it would notify the new list of essential medicines under the drug control mechanism.
The court said the Centre can’t touch the pricing mechanism for these essential drugs on the list.
The court was hearing a PIL filed by the All India Drug Action Network, which wanted the price of essential drugs lowered.
Under the 1999 mechanism, the prices of essential drugs were based on the prices set by the market leader.
Under the new drug policy, this is sought to be changed to the average price of drugs sold in the market, which activists say will push up the prices.
The Centre informed the court that the empowered group of ministers has submitted its recommendations, and the Cabinet will now have to take a decision.
“Inform us within a week otherwise we will pass interim orders,” the Supreme Court said.
The court observed: “We are gravely concerned. It has been going on for nine years. It is engaging the attention only when court puts a ceiling. The court will step in only when there is a failure. Court doesn’t run the government.”
The court also said: “One of us face the brunt of this (high medicine prices). The cost of medicine came to Rs 50,000 in two months.”
The case will now be taken up on 9 October.
Remove squatters in 30 days, HC tells goverment
http://daily.bhaskar.com/article/RAJ-JPR-remove-squatters-in-30-days-hc-tells-goverment-3877617-NOR.htmlDNA | Oct 04, 2012, 04:09AM IST
Jaipur: The Rajasthan high court on Wednesday expressed its dissatisfaction over the demolition drive at Amanishah Nullah. The court has given one-month time to demolish the existing squatters and bring the nullah in its original form. Meanwhile, the court sought a list of the officers responsible for the squatters in a period of a fortnight.
Chief justice Arun Mishra and justice Meena V Gomber made these strict directions while hearing the public interest litigation (PIL) filed by PN Mandola.
During the hearing, the JDA produced its compliance report over the court order and informed that 170 encroachments have been razed and 54 sued with notices. The report also said that FIRs have been lodged against the five encroachments and an allotment of 23,176 sq yard cancelled permitted in the flowing area of the nullah. Meantime, the JDA reasoned the law and order situation since the drive was not satisfactory. The authority informed the court that squatters were not receiving the notices which led a confrontation between JDA officials and the encroachers.
However, the bench rejected the arguments and stated that JDA should give public notice by flashing in the newspapers. It contended that failing to remove encroachment is a contempt of the court. Also, the list of the officers, who permitted construction and allottment of land in the nullah area, had been sought with a deadline of 15 days.
Notably, the court has directed the JDA to demolish the encroachments in the flowing area of nullah from 150 ft to 210 ft. The court had given a 20-day time that ended on Wednesday.
SC gives six months to government for toilets, water in schools
http://timesofindia.indiatimes.com/india/SC-gives-six-months-to-government-for-toilets-water-in-schools/articleshow/16662901.cmsDhananjay Mahapatra, TNN | Oct 4, 2012, 05.06AM IST
NEW DELHI: Six months after upholding the constitutional validity of Right to Education Act, the Supreme Court on Wednesday directed the Centre and the state governments to ensure drinking water, separate toilets for boys and girls and teachers in every school.
A bench of Justices K S Radhakrishnan and Dipak Misra directed the governments to provide within six months “toilet facilities for boys and girls, drinking water facilities, sufficient classrooms, appointment of teaching and non-teaching staff” in all schools.
“We make it clear that these directions are applicable to all the schools, whether state opened or privately owned, aided or unaided, minority or non-minority,” said Justice Radhakrishnan, who authored the judgment for the bench.
The order came on a petition filed by NGO ‘Environment and0 Consumer Protection Foundation’ which through advocate Ravindra Bana has been litigating for the last eight years for a direction to the governments to provide basic infrastructure in government-run schools.
The court had been issuing interim orders over the years and a bench headed by Justice Dalveer Bhandari, now a judge of the International Court of Justice, had been monitoring the performance of states in providing drinking water and toilets in state-run schools.
Though the bench of Justices Radhakrishnan and Misra disposed of the PIL giving a six-month deadline to the government to comply with the direction, it gave permission to the petitioner to move court for initiation of appropriate proceedings after six months against defaulting states.
The bench recalled that in its April 12 judgment, the apex court had upheld the RTE Act and ordered full implementation of the provisions enacted by Parliament to make Right to Education meaningful for children in the age group of 6-14 years.
In its April judgment, the apex court had quoted 2007-08 statistics to note that of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% were private unaided. Of these, 87.2% of schools were located in rural areas.
In its interim order of October 18, 2011 in the NGO’s PIL, the SC had said, “It is imperative that all schools must provide toilet facilities. Empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. It clearly violates the right to free and compulsory education of children guaranteed under Article 21A of the Constitution.”
The bench said since the apex court had in April this year ordered full implementation of RTE Act, provisions of which mandated governments to ensure that schools took all necessary steps to uphold children’s right to education, there was no need for keeping the PIL pending.
The court noticed that statutory authorities under RTE Act as well as the National Commission for Protection of Child Rights had been empowered to examine implementation of the law relating to right to education by schools.
It said, “We are confident that the statutory authorities will examine and review the safeguards for the child’s rights and recommend measures for their effective implementation.”
SC seeks govt reply on new drug pricing policy
http://www.livemint.com/Politics/nO0pgggqrWXmNQcVI1nXNK/SC-seeks-govt-reply-on-new-drug-pricing-policy.htmlFailure to comply would lead to an interim ruling placing all the 348 drugs within current price-cap regime
Vidya Krishnan
First Published: Wed, Oct 03 2012. 11 16 PM IST
Ministerial nod to market-based pricing may increase prices of life-saving drugs, says apex court. Photo: Mint
New Delhi: The Supreme Court on Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy, which proposes a national list of 348 essential medicines, the prices of which will be regulated.
Failure to comply with the order would lead to an interim ruling placing all the 348 medicines within the ambit of a current price-cap regime based on a product’s manufacturing cost, according to a bench headed by judge G.S. Singhvi. According to the Drug Price Control Order (DPCO) of 1995, retail prices of so-called National List of Essential Medicines (NLEM) are based on the cost of manufacturing the product. Currently, only 74 molecules come under price regulation.
The apex court’s observation comes a week after a ministerial panel had, on 27 September, approved market-based pricing of 348 NLEM drugs. This involved deciding the price of drugs on the basis of the weighted average price (WAP) of brands with more than 1% market share in each segment. The panel’s recommendations are yet to be approved by the cabinet.
The court has expressed concern that the formula suggested by the GoM could lead to increase in prices of life-saving drugs. “We are directly concerned about it. The court does not run the government, but it steps in only when required,” the bench observed.
Claiming that the court’s concerns were well-founded, Colin Gonsalvez, lawyer for the petitioner, activist group All India Drugs Action Network (AIDAN), said market-based pricing of drugs would dilute the pricing policy in the industry’s favour.
“In the guise of imposing price control, what the government is actually doing is lifting price control completely and institutionalizing profit maximization. This whole exercise is designed to mislead the nation. The government must go by the 1995 order, expand the list of NLEM drugs without change the pricing policy,” he said. In addition to challenging the ministerial panel’s formula on pricing, the petitioners will be drugs, which according arguing for further expansion of the list of NLEM to the panel’s recommendation, includes drugs made of a single chemical compound while the majority of drugs are combinations of multiple ingredients. The next hearing is scheduled for 9 October.
According to Indian Pharmaceutical Alliance (IPA), market-based pricing will lead to a revenue loss of nearly 17% annually. “Getting NLEM drugs under pricing will hurt the industry but it is better than the cost-based approach suggested by civil society organization. The formula sets us back by at least one year in terms of earning, so the question of profit maximization does not arise,” said D.G. Shah, IPA secretary general.
“We have been asked to come with a detailed timetable for the next hearing. The timeline must state clearly by when the pricing policy will be implemented after factoring in the time taken by cabinet and law department to vet the policy,” said a senior official in the department of pharmaceuticals (DoP).
Last month, the court had reprimanded the government for sitting on the pricing policy for nearly 10 years, setting 27 September as the final date for the ministerial group to come to a decision on the pricing formula.
“Two things have to be considered while deciding what can be excluded from NLEM,” said Sakthivel Selvaraj, health activist with AIDAN. “In the current form, the policy does not address combination drugs. This just leaves room for companies to wriggle out of price control by simply switching to manufacturing combination of NLEM and non-NLEM drugs. Further, within each essential medicines, there are therapeutically equivalent drugs available. There is no way to regulate companies if they decide to manufacture variants of NLEM drugs,” he added.
“As it exists, without price regulation, the industry is charging reasonable costs on NLEM and non-NLEM drugs. These are conjectures of worst case scenarios. The DoP and DPCO will regulate the prices as well as sales and distribution patterns of companies currently producing NLEM drugs will be monitored. This policy will be modified every 2-3 years to ensure newer, more efficacious drugs are included in NLEM,” said a senior official in the DoP.
The court was hearing a public interest litigation plea filed in 2003 by and others which had complained that currently only around 74 AIDAN drugs are placed under the Drugs (Prices Control) Order, 1995 putting most medicines beyond the reach of the common man.
Bapunagar stadium to be converted into a lake
http://timesofindia.indiatimes.com/city/ahmedabad/Bapunagar-stadium-to-be-converted-into-a-lake/articleshow/16661608.cmsTNN | Oct 4, 2012, 02.05AM IST
AHMEDABAD: After watching the dilapidated stadium for years fill up with rain and gutter waters during every monsoon, it has finally dawned upon Ahmedabad Municipal Corporation (AMC) to turn the Lal Bahadur Shastri (LBS) Stadium in Bapunagar into a lake front.
Thanks to Gujarat high court (HC)’s intervention on August 13 this year, AMC was forced to take immediate step as water logging and drainage in the vicinity had caused a public outcry among thousands of local residents.
The stagnant rainwater in the stadium was becoming a breeding ground for mosquitoes which was a concern for public health. Though the lake front plans for LBS stadium are not as grand as Kankaria, the AMC plans to spend Rs 12.5 crore on the refurbishment of the area around the lake.
It was a PIL filed by Consumer Protection Analytic Committee that had led HC to take a suo motu action. The PIL claimed that there was heavy rain on August 13 which left the area of LBS Stadium and the surrounding Maleksaban Stadium water logged. Later, a contractor negligently released rain water into the stadium, filling it with a mixture of rain and drainage water.
The LBS stadium lake front project will be completed in two phases. The first phase will involve leveling of the earth around the stadium for a walkway. A retaining wall will be built to strengthen the lake. Also, a boundary wall with grill and open space for the public for exercise and a jogging track will come up around the lake.
“We are a planning to install a musical fountain at the lake so that people enjoy the open environ. The second major challenge is the encroachment around the lake which needs to be removed. There are slums and we’ve to take a call whether slum dwellers should be rehabilitated,” said a senior AMC official.
Supreme Court verdict on CAG mandate: A step in the right direction
http://www.moneylife.in/article/supreme-court-verdict-on-cag-mandate-a-step-in-the-right-direction/28800.html
MG Warrier | 03/10/2012 12:15 PM |
The Supreme Court has minced no words in clarifying that the CAG is not a mere account-keeper. Now Central and state governments should join hands with the CAG to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements
The observations of the Supreme Court while dismissing the PIL (public interest litigation) which argued that the Comptroller and Auditor General of India’s (CAG) reports on Coalgate, airport privatisation and power sector went beyond the Auditor’s constitutional mandate would not have attracted the attention the ruling did, but for the celebration of the apex court ruling on the Presidential reference on allocation of natural resources.
On the Presidential reference as it was duty-bound, given the Court’s view upholding the supremacy of Parliament on policy issues and in fact, it did not give any adverse view against any statutory body including the CAG. While dismissing the PIL, the apex court only reemphasized the statutory mandate of the CAG and explaining the processes which the CAG reports go through, clarified that if the CAG exceeded his brief, Parliament will surely correct him and tell him that the methodology adopted by him for the preparation of the report was not correct.
For quite sometime now, the CAG is being harassed and criticized for performing normal duties expected of him, by a government caged by the rich and the powerful. Performance audit has been a tool used by the CAG since the 1960s. What Vinod Rai and his predecessor have done is just to sharpen the tool by infusing expertise into the audit team. By training and educating cadres down below and bringing professionalism in the performance of audit function, they improved the functional efficiency of the office. If similar initiatives had come from his counterparts heading several government departments and public sector or statutory organizations, the agony the present United Progressive Alliance – II (UPA II) government is now suffering would have been much less.
The apex court has now minced no words in clarifying that the CAG is not a mere account-keeper. The critiques who are saying that accountant and auditor should bother only about the accuracy of figures are, for reasons best known to them, pleading ignorance of the changes that have happened in the law and practice of accounting and audit and the reforms in the CAG’s office brought about by Vinod Rai and his predecessor, who understood the post-LPG (Liberalisation-Privatisation- Globalisation) scenario better.
The present political leadership is the “who’s who” of the rich and influential class which has its own constituency interests to protect. We are heavily dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force government departments and public sector organizations to misappropriate or divert public funds to the advantage of their masters or greedy corporates and individuals. The differentiation between public funds and private resources is getting diluted, as either public resources are freely flowing to private sector or the exchequer is becoming responsible to make good the losses incurred by greedy individuals by mismanagement of businesses they own and operate.
The initial response from government spokespersons to any revelations in reports of the CAG is on dotted lines these days. First, the CAG has exceeded his brief. Then, all his presumptions are not right. Third, even if some findings have some basis, losses are not as huge as are made out. Fourth and that is the icing (as in Coalgate), in the given circumstances, there were not many options as several departments/ministries were slow in decision-taking. To the total discomfort of the government, this time around, even the mainstream media which usually shows some eagerness to protect governments from disgrace refused to buy the government story without riders (remember the zero-loss 2G spectrum story of Kapil Sibal which was initially swallowed by a section of the media!).
The shock to some in the context of the report after a report from the CAG with more and more revelations about corrupt practices can be traced to the refusal of the government and media in publicizing the evolution of the institution of the CAG which has been silently moulding itself in recent times to meet the challenges of changing times. Destiny has put Vinod Rai as CAG at a time when the country needed a person of his stature in that position. His having gone through the thick and thin of finance ministry and certain other tough assignments gave him the analytical mind and investigative skill needed to expose mega scams.
The remarkable achievements of the CAG during the tenure of the present incumbent are more attributable to the interest shown by an individual in protecting public funds. To ensure that the same thrust on “conscience keeping” continues, the present approach of the CAG will have to be institutionalized by providing necessary legislative and administrative support. The CAG’s role in protecting the interest of the country in regard to public funds is similar to the role of the judiciary in protecting life and property. This emphasises the need to empower the CAG to cause audit of any transaction involving national resources and more importantly, to equip CAG’s office for the purpose.
A large number of the people’s representatives in legislatures continuing to be those who are rich and powerful in their own way and capable of managing politics and vote banks and not necessarily interested in the sound management of nation’s resources, we are dependent on the government’s other arms like the CAG and judiciary to come to rescue when extraneous compulsions force public sector organizations to misappropriate or divert public funds.
As the CAG’s audit is mostly a post-event affair and the judiciary will take a view only when issues reach them after due process, the media has a major role to play. With the exception of some financial newspapers and a few national dailies, the media generally show interest in the sensation value of issues and refuse to take on itself the burden of working like a watchdog and educating their readers/viewers about how the drain on country’s resources affect their pockets and living conditions.
The changes brought about in the vision and mission of the office of the Comptroller and Auditor General in recent years are worth accepting as a model for adapting with appropriate modifications by other arms of governance at the Centre and states. These changes in the approach of the CAG’s audit are consistent with the vanishing line between public and private funds as both originate from the nation’s ‘sovereign’ resources and the hard work of its people. We should sooner than later come out of the legacy of British rule inherited by us, which has drawn a clear distinction between the assets owned by the rulers (read public funds in the present context) and wealth with the private sector or individuals, individual families or trusts/companies formed outside government ownership. This distinction is causing several unethical practices in our country. Sometime back while talking to media, Vinod Rai has gone on record saying that he was open to guidance and expert advice from eminent statesmen.
Central and state governments should join hands with the CAG’s efforts to ensure that the country’s assets, irrespective of the nature of ownership, are not plundered by unscrupulous elements. When the CAG’s reports bring out glaringly corrupt practices or make suggestions for incorporating better practices to avoid earlier mistakes, looking at them from mere legal or accounting angle or defending individuals and organizations instead of learning from past mistakes, correcting them before further proceeding are not in the best interests of the country.
Court relief to Saudi navy captain
http://www.mumbaimirror.com/article/2/20121004201210040204459585ddcb997/Court-relief-to-Saudi-navy-captain.htmlMumbai Mirror Bureau
Posted On Thursday, October 04, 2012 at 02:04:36 AM
In a minor relief to a Saudi Arabian navy captain booked for carrying fake Indian currency, the Bombay High Court on Wednesday asked Additional Commissioner of Customs to complete probe against the officer and pass an appropriate order within two weeks.
A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Bandar Hurayb, who said he has been wrongly prosecuted as he was unaware that the currency which he procured from an authorised forex agency outside the Jeddah Airport was fakes.
Hurayb landed in Mumbai on April 25, and has been stranded here ever since, when he was caught with fake Indian currency worth Rs 45,500 (91 notes of Rs 500 denomination) at the airport.
Advocate Rizwan Merchant, appearing for Hurayb, told the court that his application waiver of show cause notice before the Additional Commissioner of Customs is pending since June.
To prove his claim, Hurayb submitted the receipt handed over to him by the exchange at Jeddah. The petition further said that Hurayb’s father had initiated prosecution against the forex agency. Hurayb’s petition claims he voluntarily disclosed he was carrying Rs 45,500 in Rs 500 notes. All the notes found in his possession were found to be fake.
He was granted bail on May 14 by the sessions court, where the judge observed that “prima facie any knowledge or reasonable belief cannot be attributed to Hurayb”.
Let operative Abu Jundal handed over to ATS in Mumbai
http://timesofindia.indiatimes.com/city/nashik/Let-operative-Abu-Jundal-handed-over-to-ATS-in-Mumbai/articleshow/16661600.cmsSantosh Sonawane, TNN | Oct 4, 2012, 02.04AM IST
NASHIK: Chief judicial magistrate A D Sawant of Nashik had remanded alleged LeT operative Abu Jundal to 14 days magisterial custody, even as the anti terrorism squad (ATS) took him to Mumbai on Wednesday afternoon to present him at the second session of a Mumbai court for further orders.
Jundal who has been in ATS custody since September 11, to probe his connection with Sheikh Lalbaba Farid, alias Bilal, who carried out a recce of the Nashik police commissionerate, Maharashtra Police Academy (MPA) and Deolali army area in 2010, was produced in the court of AD Sawant, Nashik, after his extended seven-day custody period ended on Wednesday.
Special public prosecutor Ajay Misar said that as per the Unlawful Activities Prevention (UAP) Act, the investigation agency has the right of custodial interrogation of an accused for 30 days. However, in Jundal’s case they have completed the interrogation in 24 days and kept the remaining seven days reserved.
He further said that on the request of the ATS, Jundal was remanded in magisterial custody until October 17. However, according to orders of the Delhi and Mumbai courts, he was handed over to ACP Suresh Desphande of the ATS to be produced in a Mumbai court during its second session on Wednesday.
Misar added that during the interrogation of Jundal, the ATS had unearthed several pieces of evidence against the LeT member. and the picture would become more clear after forensic reports arrived, following which the reserved seven days could be sought as and when required.
Meanwhile, the trial of Bilal and Himayat Baig got underway at the session’s court in the city. On September 11, the two accused had given an application to the court to stay the proceedings saying that they had filed a writ petition in the Bombay high court, challenging the jurisdiction of the hearing in Nashik.
While there were still no orders from the Bombay HC on their writ petition, the trial began at the sessions court in Nashik on Wednesday.
During the recording of evidence on the first day of the trial, MG Joshi advocate for the defence, said ATS police inspector Varpe informed the court of how his team kept an eye on Bilal after being informed of possible terror activity in Nashik. , said M G Joshi, advocate for the defence.
Students get life term for murder
http://www.deccanchronicle.com/node/161418October 4, 2012
Trichy
A local court sentenced two college students to life imprisonment for murdering a youth over eve-teasing on Wednesday.
According to the prosecution, Muthumani, 22, and Ramasamy, 20, eve-teased women at the sub-urban Ariyamangalam bus stand on January 14, 2012.
The victim, T. Venkatesan, 27, who was also standing at the bus stand noticed the misbehavior of the students, reprimanded them for their immoral act in a public place.
In the ensuing wordy quarrel, the students indiscriminately stabbed Venkatesan with a knife. Venkatesan sustained multiple stab injuries and died on the spot.
Ariyamangalam police registered a murder case and arrested the culprits. The trial of the case was held at the principal district and sessions court at Tiruchy.
When the case came up for final hearing, the trial court found them guilty of committing the murder of Venkatesan.
Principal district and sessions judge P. Velmurugan observed that the crime against the two accused was proved beyond any doubt and sentenced them to undergo life imprisonment.
The judge also imposed a fine of Rs 1,000 each, failing which they should undergo six months further imprisonment.
With no confidence on management, most Delhi staff shun meeting with CEO
http://profit.ndtv.com/news/corporates/article-kingfisher-airlines-ceo-to-meet-staff-at-different-bases-ball-in-airlines-court-says-Ajit-Singh-311609NDTV | Updated On: October 04, 2012 10:53 (IST)
The Kingfisher Airlines management’s meeting with its Delhi staff was a low point after only eight to 10 employees turned up to meet CEO Sanjay Aggarwal with most engineers boycotting the meeting.
Although an email intimation was sent out to all staff, employees said they had lost confidence in the management.
Mr Aggarwal is dashing across the country today and tomorrow to meet employees in an attempt to defuse the crisis at the beleaguered airline. The partial lockout at the airline was scheduled to end today, but talks between the management and striking employees in Mumbai yesterday failed.
The government needs concrete plans from Kingfisher Airlines on how it will operate, maintain schedule and if its aircraft are safe to fly, Civil Aviation Minister Ajit Singh said. The ball is in Kingfisher’s court, he added.
Mr Singh said he has yet to see the interim report of aviation regulator, the Directorate General of Civil Aviation, on the airline submitted yesterday.
In its interim report to the Civil Aviation Ministry on the crisis facing Kingfisher Airlines, the DGCA is understood to have referred to the six-day strike by engineers and pilots over non-payment of salaries, followed by the partial lockout, and said that safety of operations has been seriously jeopardised.
The regulator is also believed to have said that non-payment of salaries was a matter of serious concern, not only for the employees but also affected safety as those seriously affected were manning flight operations.
“DGCA’s job is to ensure that Kingfisher has followed all safety parameters before it flies… it should satisfy DGCA that it will maintain its schedule,” Mr Singh added.
The whole winter schedule, including routes and landing spots, need to be looked at by the end of October and landing spots have to be considered afresh, he added.
Kingfisher’s lenders expressed hope that the management will not let the airline go belly up, and said banks would be a bigger casualty if it were to go bust, according to an agency report.
When asked about whether banks are looking at recovery measures by monetising the collaterals, an official at a public sector bank said by doing that lenders will not be able to recover even 10 per cent of their outstanding loans to the airline.
The Vijay Mallya-owned airline and its promoters have most of their shares and assets pledged with banks, including the brand Kingfisher (pledged for a value of Rs. 4,100 crore) and two of its properties — the Kingfisher Villa in Goa and the Kingfisher House in Mumbai, together valued at around Rs. 200 crore.
When asked about the amount that banks are looking at as fresh capital infusion by the airline for a fresh lifeline, he said normally a corporate debt restructuring (CDR) involves the promoters bringing in at least 25-30 per cent of the overall CDR package in fresh equity. At 25 per cent, this works out to be around Rs. 1,750 crore as the airline’s outstanding principal alone is over Rs. 7,000 crore.
In Mumbai yesterday, talks between the airline’s management and striking employees hit a cul de sac after Mr Aggarwal told the staff that the airline could pay only a month’s salaries in the next 10 days, but that the payment of future salaries was uncertain as the airline did not have money. In an email sent out later in the night, he said he would meet employees in Delhi at 9 a.m. and the Bangalore staff at 4 p.m. today. He is scheduled to meet Chennai employees tomorrow morning.
Kingfisher’s 270 engineers went on strike on Sunday and were joined by the airline’s pilots on Monday. The pilots and engineers have formed two separate associations to protest against non-payment of salary since April this year. The company has had to ground its 10 operational planes and no Kingfisher flight has taken off since Monday. The debt-laden airline declared a partial lockout late that day.
Mr Aggarwal, along with executive vice-president Hitesh Patel, met Arun Mishra, the chief of aviation regulator Directorate General of Civil Aviation (DGCA) on Tuesday and was told that the airline could fly only after it had paid its employees and got clearance from the DGCA. The regulator said the company would have to show it a viable recovery and operations plan before it could be given a green signal to fly.
Security has been cited as the main concern both by the DGCA and Civil Aviation Minster Ajit Singh, who said yesterday: “Passenger safety cannot be compromised,” adding, “If engineers don’t give approval before takeoff, the aircraft cannot fly. So, we cannot allow Kingfisher to fly while engineers are on strike.”
The CEO has blamed a small section of employees for the stand-off, saying they were preventing others from coming to work. “We are hopeful that we will resolve the situation in the next few days. We will take a call on October 4 on resumption of our operations,” Mr Aggarwal had said after his meeting with the DGCA.
In a letter announcing flight cancellations on Monday, the CEO said: “A series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts by a section of non-management engineering staff and illegally refraining from attending work by a section of non-management engineering staff and pilots which were all unnecessary and unprovoked commenced yesterday morning and continued today.”
If salaries are not paid in the next few days, the airline faces a potentially prolonged shutdown. Its salary backlog goes back to April. The government is taking a tougher stance now after allowing the airline to operate for months without paying salaries, although it has stopped short of forcing a closure of the heavily indebted carrier. The airline has debt of about Rs. 7,000 crore, owed mostly to government-controlled banks, including State Bank of India, the country’s largest lender.
Shares in Kingfisher Airlines dropped sharply on Wednesday, after slumping nearly 5 per cent in each of the previous two sessions. The shares traded 4.9 per cent lower at Rs. 14.60, down almost by its daily limit move of 5 per cent. Last week, the Bombay Stock Exchange had halved its circuit limits on the stock, capping the maximum movement in a day at 5 per cent following a sharp rally in the share prices in the past few days.
With inputs from agencies
3 witnesses depose in Kush murder case
http://timesofindia.indiatimes.com/city/nagpur/3-witnesses-depose-in-Kush-murder-case/articleshow/16661580.cmsTNN | Oct 4, 2012, 02.01AM IST
NAGPUR: Three witnesses have identified the main accused in the Kush Katariya murder trials which began its daily hearings from Wednesday at the court of district and additional sessions judge GJ Akarte. Special public prosecutor Ujwal Nikam was present during the hearing.
The three witnesses who deposed before the judge included Kush’s parents – Chaya and Prashant, and PCO operator Sheikh Shahid Sheikh Ahmed. All of them charged the accused Ayush Pugaliya for mercilessly killing the eight-year-old.
The PCO operator informed the court that Ayush had called on Kush’s parents from his PCO for demanding ransom in exchange of their kidnapped son and he had overheard the conversation. Additional public prosecutor Jyoti Vajani represented the prosecution, while Rajendra Daga held brief for the Katariya family.
Kush was kidnapped on October 11 last year for a ransom of Rs2 crore. Ayush then took the child to an under-construction building at Surya Nagar and intentionally committed the gruesome act. A case was registered at Nandanvan police station after which Ayush was arrested within a couple of days.
Cash for bail: Former CIA inspector shifted out of Panchkula
http://www.hindustantimes.com/Punjab/Chandigarh/Cash-for-bail-Former-CIA-inspector-shifted-out-of-Panchkula/SP-Article1-939480.aspx
HT Live Correspondent , Hindustan Times
Panchkula, October 03, 2012
Former Crime Investigation Agency (CIA) inspector Karamveer Singh, who was sent to police lines after allegations of Rs. 37 lakh for bail of a drug peddler Parveen Kumar surfaced, has now been shifted to a police training centre at Sunaria in Rohtak.
In its order on September 18, the Punjab and Haryana high court had handed over the investigations into cash for bail allegations to CBI and cancelled the bail of Parveen Kumar. Singh was the investigating officer in the drug peddling case against Parveen.
Hakam Rai, resident of Sector 26 here, complained to DCP on September 11 that Parveen, who was arrested on January 26 with 4kg opium along with his accomplices Harvinder Singh and Jora Singh, got bail from the high court on July 27 after police misrepresented facts in the court.
As per the FIR, on the day of arrest, 9kg opium milk (which can be converted into 36kg opium) was also recovered from the rented accommodation of accused in Sector 15 on the disclosure of the accused.
Rai submitted that Parveen claimed having procured the bail order by spending Rs. 37 lakh and was now alluring other persons to pay money to get relief from various courts with the help of police officials, who would give false information to the court.
On May 23, the court of additional district and sessions judge Sanjay Sandhir had dismissed the bail application of Praveen on the ground that huge quantity of opium was recovered; he was stated to procure opium milk from Madhya Pradesh to churn it into opium and another case for drug peddling was also registered against him in Panchkula.
But in the high court on July 27, the court was informed that the challan was not filed even though it was filed in the lower court. It was not contested that the quantity of opium was commercial and there was no other conviction of the accused. ASI Surjeet Singh, then posted with CIA, and head constable Yog Bhyan were present in the court. They have also been shifted out of Panchkula to Sunaria.
“The DGP has ordered the transfers,” said DCP Parul Jain. On the pending arrest of drug peddler Parveen, she said the police were making every effort to nab him.
Meanwhile, the CBI is yet to start investigations in the case.
Case history
January 26: Parveen Kumar and accomplices Harvinder Singh and Jora Singh arrested with 4kg opium
January 26: Nine-kg opium milk recovered from the Sector-15 rented accommodation of accused
May 23: Additional district and sessions judge Sanjay Sandhir rejects Praveen Kumar’s bail application
July 27: High court informed challan not filed, paving way for bail for Parveen Kumar
September 18: High Court cancels Parveen Kumar’s bail, accused missing
Pervez Tak planned to kill Laila, kin 3 months before murders: Cops
http://timesofindia.indiatimes.com/city/mumbai/Pervez-Tak-planned-to-kill-Laila-kin-3-months-before-murders-Cops/articleshow/16663548.cmsS Ahmed Ali, TNN | Oct 4, 2012, 06.29AM IST
MUMBAI: The murders of starlet Laila Khan and five of her family members were planned at least three months in advance, says the chargesheet.
The crime branch on Wednesday filed the 984-page chargesheet in the sessions court, stating that prime accused Parvez Tak killed the six family members with the help of his wanted aide, Shakir Hussain. Tak is the third husband of the starlet’s mother, Saleena.
A junior engineer, a surveyor of the Igatpuri Nagarpalika, a JCB owner, a butcher and two car drivers are among the nine witnesses who have testified against Tak.
In his statement, Tak said he got a pit dug up at Laila’s Igatpuri farmhouse in December 2010 and waited for a few months for her family members to gather there. The six victims were eventually killed in February 2011, days after they went missing from Mumbai. The police have added the statement of Gufran Choudhary, the JCB owner, to the chargesheet to support the theory that the murders were planned and not committed in a fit of rage. Choudhary said Tak hired his JCB in December 2010 and paid him Rs 2,800 to dig the pit. Incidentally, three days after the crime branch recovered the six skeletons from the farmhouse on July 10 this year, TOI had reported how police officials suspected that it was a well-planned murder.
The police are awaiting the DNA reports of the six bodies recovered from the pit. Two knives, an iron rod, two spades, the torn clothes of the deceased, the post-mortem reports and some gold ornaments—including four rings—have been annexed to the chargesheet.
Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony, said investigating officer Deepak Patangre. He added that they will add the DNA reports once they get them from the FSL.
Junior engineer Yashwant Tathe, water surveyor Mohan Shirshat and butcher Shamsher Khan told the police that they hadseen Tak and Saleena hours before the murders on February 8. Tak had taken Saleena to the nagarpalika office to file an application for a water connection. On the same day, the duo went to the butcher to buy 3kg of mutton.
“Tak felt that Saleena lived an ‘un-Islamic’ life and also suspected her to be indulging in adultery. When Tak learned about Laila and her family’s plans to migrate to Dubai and give the powerof-attorney of her properties to Saleena’s second husband, Asif Shaikh, he felt frustrated and humiliated. He then decided to put an end to the chapter,” said Himanshu Roy, JCP (crime ).
The police suspect that Hussain is in Doda.
Starlet case chargesheet
Who is Laila Khan?
Laila, whose original name was Reshma Patel, was born to Saleena and Nadir Patel in Malad. She is best known for her role opposite Rajesh Khanna in Wafa: A Deadly Love Story
The disappearance
Laila, her mother Saleena, siblings Azmina, Imran & Zara, and another relative, Reshma Khan, went missing from Mumbai in February 2011, after which her father filed a missing complaint with the Oshiwara police
The recovery of two MUVs belonging to the starlet—a Mahindra Scorpio and a Mitsubishi Outlander—from Jammu & Kashmir this year triggered speculation that she could be in that state
Another theory that did the rounds said she was in Dubai with her ‘husband’, Sonu
Tak and the revelations
Parvez Iqbal Tak (inset), a road contractor from Kishtwar in J&K and the third husband of Laila’s mother, emerged as the prime suspect in the case after the seizure of the two MUVs
Tak told interrogators that he killed Laila and her five family members at her farmhouse (pic above) in Igatpuri on February 8
Shakir Hussain, an accompliceof Tak’s, was also involved in the murders. He was made caretaker of the farmhouse in December 2010
Tak and Hussain go to the family’s Oshiwara flat to fetch Laila’s six pet cats. They also remove photographs from an album before returning to Igatpuri. They then hire two drivers, Mahboob Shaikh and Johny Girdar, and leave for Kishtwar in Laila’s Scorpio and Outlander
What led to the killings?
The police said Tak felt Saleena lived an “un-Islamlic” life and suspected her to be indulging in adultery When he learned about the family’s plans to migrate to Dubai and give the power-of-attorney of her properties to Saleena’s second husband, Asif Shaikh, Tak plotted the murders
The evidence and witnesses
The Scorpio and the Outlander, which have been brought back to Mumbai Two knives, an iron rod, two spades, the torn clothes of the deceased, mobile records, post-mortem reports and some gold ornaments Laila’s body was identified with the help of a diamond ring gifted by her boyfriend, who could recognize the jewellery during his testimony
IAS officer granted bail in molestation case
http://www.indianexpress.com/news/ias-officer-granted-bail-in-molestation-case/1011463/0
Agencies : Lucknow, Wed Oct 03 2012, 21:08 hrs
A senior IAS officer in the Uttar Pradesh government, who was arrested on charges of attempt to rape and molesting a Delhi-based woman in a train, was today granted interim bail by a local court here.
Sessions judge K K Sharma granted interim bail to IAS officer Shashi Bhushan Sushil up to October 6 on an application moved on his behalf, court sources said here.
Sushil, Special Secretary in the Technical Education Department, was arrested on Monday and a case under IPC section 354 (assault or criminal force to woman with intent to outrage her modesty) was lodged against him following a complaint by the woman, a senior IT executive, Government Railway Police (GRP) officials said.
The 2001-batch officer was also booked under IPC sections 376 (rape), 511 (attempt to commit offence) and 506 (criminal intimidation) under which he can be imprisoned for life.
According to the FIR lodged by the mother of the woman travelling with her, the officer, who boarded the second AC coach from Ghaziabad, indulged in obscene acts and the conductor and train escorts were duly informed.
The FIR was lodged with the GRP by the woman.
Bhushan was detained after the train reached Charbhagh railway station and police interrogated him for four hours before arresting him.
Refuting the molestation charge, the officer claimed that he had got into a verbal duel with the woman after she made a casteist remark against him.
The officer was later suspended by the Uttar Pradesh government.
The government has also removed inspector GRP Anil Rai who allegedly tried to delay the matter and impose less stringent sections in the FIR though the home department refuted the charges.
Sushil was later produced before a local Railway court which remanded him in judicial custody for 14 days.
Chief Minister Akhilesh Yadav had said no one would be spared and strict action would be taken against those showing disrespect to women.
Delhi Police officer ‘forges’ court record, let off
http://www.deccanherald.com/content/282920/delhi-police-officer-forges-court.html
New Delhi:Oct 4, 2012 PTI
A sessions court has discharged a Delhi Police inspector in a complaint initiated by a magisterial court for allegedly forging the court record of a case.
Additional Sessions Judge Narinder Kumar discharged H S Chauhan, an inspector in Delhi Police, who was summoned as accused along with ASI Puran Chand by court of additional chief metropolitan magistrate on a complaint made by the chief metropolitan magistrate for allegedly forging court record in a 2006 case under the Prize Chit Money Circulation (Banning) Act.
“The impugned order dated May 19 vide which the accused – petitioner (Chauhan) has been summoned as an accused is without basis and suffers from illegality and the same deserves to be set aside qua the petitioner. The petitioner is discharged,” the ASJ said.
The ASJ added that the CMM did not conduct any inquiry before filing the complaint against Chauhan.
The complaint accused Chauhan and Chand of fraudulently entering forensic (FSL) report in the court record of a case after a delay of three years only when the issue came before the CMM.
Chauhan had moved the court of ASJ against the ACMM’s order. On January 1, 2006, an FIR was registered with Prasad Nagar police station under the Prize Chits Act on the complaint of a widow named Durga Devi, who had invested in a committee.
The accused Luid Fernandez and Josphin Fernandez run the committee which did not pay any returns to the woman on maturity of the investment. A chargesheet in the matter was filed on April 13, 2006 before the then concerned area magistrate.
A supplementary charge-sheet was filed on July 11, 2006 mentioning that the FSL report on specimen handwriting of the accused will be filed as and when received.
Official let off in graft case
DRI officer, facing trial for allegedly taking bribe from a businessman for bailing him out of an excise evasion case, has been discharged by a Delhi court for want of proper sanction for his prosecution, reported PTI from Delhi.
Special Central Bureau of Investigation Judge Kanwaljeet Arora discharged Directorate of Revenue Intelligence (DRI) Y S Verma saying the sanction to prosecute him was bad in the eyes of law as it was given by an officer, junior to the one competent to grant it.
It is admitted position that accused at the relevant point of time was working as senior intelligence officer with DRI, which is a Group ‘B’ post.
Having been appointed to the post of Group ‘B’ cadre, by orders of DRI director general, a right has accrued in favour of the accused by virtue of Article 311(1) of the Constitution that he cannot be removed from his office by an officer subordinate to the rank of director general,” the court said.
Additional director general who had passed the sanction order on December 29, 2006 was subordinate to director general, therefore, she could not have passed the sanction order. The said sanction therefore is bad in the eyes of law,” the court said, discharging Verma.
The corruption case against Verma was lodged by the CBI on complaint of Delhi-based exporter A K Aggarwal, who had alleged that Verma had lodged a false excise duty evasion case against him and had raided his house in September 2005.
He said Verma subsequently had demanded a bribe of Rs 50 lakh from him to bail him out of the case.
On Aggarwal’s complaint, the CBI laid a trap and allegedly caught Verma red-handed while accepting Rs 5 lakh as the first instalment of the bribe from Aggarwal at the South Delhi house of another co-accused Mahender Kumar.
In his complaint to the CBI, Aggarwal had also said Verma and his senior had asked him for Rs 50 lakh bribe and had threatened that if failed to pay the sum, his son would face untoward consequences.
The judge, however, granted liberty to the agency to file fresh charge sheet against Verma with proper sanction to prosecute him.
Court sends youth to 10 yrs in jail, pulls up police
Agencies : New Delhi, Wed Oct 03 2012, 20:55 hrs
A youth who raped a minor girl last year in a factory here has been sentenced to 10 years in jail by a Delhi court which also directed the city government to pay a compensation of Rs one lakh to the victim.
The court expressed anguish and displeasure that the two factory workers who saw the accused, instead of “objecting to the conduct”, ran away from the premises leaving the 14-year-old victim at his mercy and the Delhi police also did not prefer to inquire about their “indifferent approach”.
“Of late crime against women generally and rape in particular is on the increase and ironically society appears to be unconcerned, showing little or no concern for honour of women. It is this kind of a public apathy and indifference which is grossly criminal,” Additional Sessions Judge (ASJ) Kamini Lau said.
The court said it was “shocking” that the two factory workers ran away from the spot and informed their owner about the incident much later to evade their culpability.
“Public alertness with a suitable timely response can go a long way to save the life and honour of young girls which unfortunately did not happen in the present case,” the judge said.
The court also imposed a fine of Rs 52,000 on convict Aditya, 20, a resident of Pitampura Village in North-West Delhi, saying that on recovery of the amount, it shall be given to the victim.
The judge said the amount of compensation will be used for rehabilitation of the victim and directed the Delhi government to take steps to ensure that she is admitted in some school to continue her studies.
According to the police, Aditya caught hold of the girl when she was returning from her school and forcibly took her inside an adjoining plastic factory.
The accused threatened the two workers, who were present in the factory, and asked them to leave. He took the girl to a room in the factory and when she tried to raise an alarm, he threatened to electrocute her after which he raped her and ran away, police said.
The two workers, later on, called their employer and informed him about the incident.After reaching home, the girl informed her family about the incident and a case was lodged against the accused.
The court also pulled up the police for not inquiring the reason from the two workers as to why they did not raise an alarm when they saw the accused bringing the girl in school uniform into the factory.
It rejected Aditya’s plea for leniency saying that he had committed the offence without any fear of law in the factory after threatening the two workers working there and compelling them to leave.
Justice delayed is justice denied…
http://timesofindia.indiatimes.com/home/opinion/times-view/Justice-delayed-is-justice-denied–/articleshow/16663248.cmsOct 4, 2012, 05.51AM IST
If ever there was a case of justice delayed being justice denied, this is it. The fact that the court had ordered the actor to pay compensation even before framing of charges and he had done so immediately, makes it clear how urgent the need for compensation was judged to be.
Yet, the victims have not received the compensation even a decade later. Exactly who is to blame for this situation appears to be unclear as of now, but responsibility must be fixed and action taken. Also, the victims must now be paid—even if it rather late—not just the amount originally ordered, but interest for 10 years on it.
Law Commission of India proposes toning down anti-dowry legislation
http://timesofindia.indiatimes.com/home/opinion/edit-page/Law-Commission-of-India-proposes-toning-down-anti-dowry-legislation/articleshow/16659773.cmsOct 4, 2012, 12.00AM IST
TIMES VIEW
Will safeguard against misuse
The Law Commission of India’s recommendation that the anti-dowry law be suitably amended to dilute the provision of immediate arrest of the accused is sensible. The suggestion comes in light of the fact that an increasing number of dowry complaints have been found to be false. That Section 498A of the Indian Penal Code — dealing with physical and mental cruelty by husbands and their relatives over dowry — empowers the complainant to have the accused arrested even before a proper investigation into the case only incentivises misuse of the law. Not only does this amount to gross injustice but also significantly damages to the anti-dowry movement.
It`s arguable that tough anti-dowry legislations are a product of the 1980s, where they arose out of a specific context: a seemingly uncontrollable spate of dowry deaths in the country. However, the socio-economic conditions of women today have significantly changed. This empowerment is precisely why the anti-dowry law needs to be suitably updated. Besides, the provision of immediate arrest flies in the face of Indian jurisprudence that treats every accused as innocent until proven guilty. Subverting this principle has done more harm than good.
In this respect, the law panel`s proposal to introduce a 30-day reconciliation period before the police arrest an accused under the anti-dowry law makes eminent sense. To prevent misuse, the law should also be amended to allow for arrests only after a proper investigation, not before. The Supreme Court has already des-cribed false dowry cases as legal terrorism. Using the anti-dowry law as a tool for extortion is tantamount to human rights violation. Hence, in the interest of justice, diluting draconian provisions of the anti-dowry law without taking away the essence of the legislation is a step in the right direction.
COUNTERVIEW
A change for the worse
Anil Thakkar
The expert panel’s recommendation on amending and toning down the anti-dowry law is a classic example of missing the wood for the trees. As matters stand, is the anti-dowry law misused on occasion? Yes, it is — just like every other law. That is the nature of the beast; there will always be people who find and exploit loopholes in any system of rules. This is particularly true in India where the judicial system is hopelessly clogged and the police prone to corruption. These things will not change if the law is watered down. All that will happen is that the fight against dowry — a far more insidious and widespread evil than misuse of the anti-dowry law — will be compromised.
A simple look at the statistics will show how far we still have to go in stamping out the system of dowry and the subjugation of — and violence against — women it engenders. According to the National Crime Records Bureau, 6,995 dowry deaths were reported in 2000 — which climbed to 8,093 in 2007 and 8,391 in 2010. And that is just the reported cases; it is a safe assumption that the actual number of dowry deaths is significantly higher. This more than half-a-century after dowry was made illegal. What possible sense does it make to defang the anti-dowry law at a time when dowry deaths are actually on the rise?
On the face of it, certainly, the amended changes seem sensible. But given how rigidly patriarchal much of Indian society is — particularly in rural areas where the dowry system is even harder to uproot — all they will do is leave the perpetrators at large and give them enough time to pressure or coerce the woman and her family into withdrawing their complaint. And that would be a far greater injustice than anything that is currently done under the aegis of the anti-dowry law.
Victims of accident by Salman Khan’s vehicle not compensated
http://www.hindustantimes.com/India-news/Mumbai/Victims-of-accident-by-Salman-Khan-s-vehicle-not-compensated/Article1-939564.aspx
HT Correspondent, Hindustan Times
Mumbai, October 04, 2012
A decade after actor Salman Khan killed a pavement dweller and injured four others in a highly-publicised car accident in Bandra, the victims are yet to receive the compensation amount due to them from him, according to a public interest litigation (PIL) filed by a senior journalist before the Bombay high court.
A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.
Wagle had filed the PIL soon after the accident.
While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.
Wagle’s lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.
The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.
On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.
He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate’s court.
Kidnapping for ransom: Death punishment valid
http://www.indianexpress.com/news/kidnapping-for-ransom-death-punishment-valid/1011673/0Express news service : Chandigarh, Thu Oct 04 2012, 02:01 hrs
HC says killers of Abhi Verma to hang, puts execution on hold till October 12
There is nothing legally invalid in awarding death sentence to those held guilty of kidnapping for ransom. Statin this, the Punjab and Haryana High Court on Wednesday upheld the hanging of two youths who had abducted and later killed Abhi Verma, a 16-year-old boy from Hoshiarpur for ransom.
However, giving them time to challenge the order in the Supreme Court, the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused, Vikram Singh Walia and Jasvir Singh, were to be hanged at 9 am on October 5 in Central Jail, Patiala.
The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.
Holding their challenge as “ill founded, deceptive and misleading”, a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.
“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads
Making it clear that death sentence cannot be abolished from Section 364-A of IPC, the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the `retrospectivity’ of the provision is totally deceptive and misleading”.
The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.
They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person, company or association, or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.
They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages, 1979 (`Hostages Convention’), adopted by the United Nations General Assembly on June 3, 1983 “. The said contention found no favour with the court.
Earlier, Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants, for even if the challenge to death sentence under Section 364-A succeeds, the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.
The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds, the same will “not change their fate”.
Former SIMI Functionary Booked Under MCOCA
http://news.outlookindia.com/items.aspx?artid=777190
Thane | Oct 03, 2012
The Thane police on Wednesday booked former Students’ Islamic Movement of India (SIMI) functionary Saquib Nachan and four others under the Maharashtra Control of Organised Crime Act (MCOCA).
The Bhiwandi crime branch produced Nachan and four others in the MCOCA court on Wednesday.
Saquib Nachan and his son Ismail and nephew Aquib are facing charges for the murderous assault on Vishwa Hindu Parishad (VHP) leader from Bhiwandi, Manoj Raicha. Two others Guddu Khan and Tanvir Abdul Zabdir were also arrested in this case.
SIMI activist Saqib Nachan, an accused in Mulund bomb blast of 2003, was arrested by police for allegedly firing at an advocate in Bhiwandi on August 3, this year.
It was around 11.45pm, advocate Manoj Ratilal Raicha (48) was on his way home in his car along with bodyguards, when he was shot at and injured.
In his complaint, the lawyer, who is a Bajrang Dal office bearer, named Saqib Nachan as the suspect or his associate as the person who fired at him with an intention to kill him.
The Nizampura police later registered a case under Sections 307, 120(b) of the Indian Penal Code and also under Sections 3, 25 and 27 of the Arms Act against the accused.
FILED ON: Oct 03, 2012 23:40 IST
Muslim rage is not about Islam
http://www.dailypioneer.com/columnists/item/52576-muslim-rage-is-not-about-islam.html
Author: Mayuri Mukherjee
The outrage and the violent protests organised by Islamists
across the world have nothing to do with the supposed desecration of
religion. Instead, these incidents are calibrated attempts by so-called
religious leaders to firm up their politics, even at the cost of
people’s livesAuthor: Mayuri Mukherjee
Even before the crowd from the previous protest had returned home, a new mob had gathered on the streets. It had been gaining strength throughout the day as hundreds arrived loaded in trucks and buses, and more people from the outside kept pouring in. Over the next couple of hours, the crowd swelled in numbers and a few local leaders gradually took their position at the helm — soon, they were whipping up outrage against some vaguely defined but provocatively conveyed threat to their religion, their Prophet or their holy book. Timing was the key, so one waited cautiously for the crowd to be sufficiently riled and then, just when the passions peaked, it was let loose like a pack of blood thirsty wolves. What followed was hours, even days, of looting, raiding, pillaging, plundering and killing. Until finally, the security forces showed up and brought the situation somewhat under control.
This is a fairly accurate description of the events as they unfolded in the little Upazila of Ramu, located in the coastal Cox’s Bazar district in Bangladesh’s southern division of Chittagong on September 29 and 30, when Islamists went on the rampage in the area and attacked Buddhist temples and homes, after they discovered a picture of a burnt Quran on Facebook that was alleged ‘tagged’ to a local Buddhist boy.
According to the latest reports available, at least 12 temples were desecrated and nearly 50 Buddhist homes systematically destroyed. But the moot point here lies not in the details of this heinous incident that has deeply scarred Bangladesh’s socio-religious fabric but in the fact that the description applies to almost any ‘Muslim protest’ that has erupted in recent times in response to a supposed act of religious outrage.
Indeed, instead of Ramu Upazila, the narrative can just as easily be placed in Masuri village in Uttar Pradesh here in India, where a similar crowd went berserk and brutally attacked the local police station after someone found pages torn out of the Quran by the railway tracks last month. The narrative also fits well in many other places — from Mumbai’s Azad Maidan where a crowd protesting atrocities against Muslims in Burma and elsewhere went on a rampage to the US Embassy compound in Benghazi where an armed mob protesting a shoddily-made, obscure anti-Islamic film killed the American Ambassador to Libya.
Look closely and a clear pattern of pre-meditated violence that emerges through each of these cases is unmistakable. The cause of the violence and the outrage here is inconsequential. It can be anything — a book that nobody has heard of, a movie that nobody has seen because it was never publicly released, a photograph that is quite possibly doctored, a quote that remains unattributed, a conspiracy theory or even a cartoon. It doesn’t matter. What matters is how, and of course with what result, that singular instance of outrage (real or imagined) is perverted so as to make it look like it is a universal insult to Islam and its 1.7 billion followers around the world.
First, the Islamists go all out to introduce that supposed object of religious insult — almost always an obscure one — to their local audience. Then, they systemically manufacture outrage against that same object. The campaign is almost always framed within the narrative of a victim-community; a community that has been and continues to be wronged by the world. Ridiculous as it may sound, the idea of being at the receiving end of a global conspiracy is particularly tempting and as we know from past experience, hugely effective. Finally, what serves as an icing on the cake is the fact that Islamists, almost everywhere in the world, are an especially well-organised group. This automatically allows them mobilise large sections of the population and mount an effective campaign.
In other words, the bottomline here is that the protests may be hinged around an Islamic (or more specifically, anti-Islamic) subject, but in reality they have little to do with religion. Instead, the issue is of politics and power-play. Religion is merely an excuse used by the Islamists to whip up passion and mobilise social groups so that they can ultimately implement the latter’s agenda. Indeed, this is an argument that even Muslims political observers themselves have made. For instance, Mr Husain Haqqani, Pakistan’s former Ambassador to the US, in his recently published article on ‘Muslim rage’ minces no words when he says, “The phenomenon of outrage over insults to Islam and its final Prophet is a function of modern-era politics. It started during Western colonial rule, with Muslim politicians seeking issues to mobilize their constituents… and Islamists emerged to claim that Islam is not merely a religion but also a political ideology.”
Indeed, Mr Haqqani traces back an early prototype of this kind of mass mobilisation within the Muslim world to a book published in British India back in 1927. Titled Rangeela Rasool (Playboy Prophet), it was a “salacious version of Muhammad’s life”, says Mr Haqqani, but “hardly a bestseller”. In fact, much the like anti-Islamic film that today is all the rage, so to say, this book too went largely unnoticed until two years after its publication when some Muslim politicians raised a hue and cry over it. The British Government of the day even arrested and tried the publisher but he was acquitted — only to be later stabbed to death by one Ilmuddin, an illiterate carpenter known only by his first name, in Lahore. Ilmuddin soon became a local hero of sorts. Islamist groups nicknamed him Ghazi (warrior) and he was defended in court by a man no less than Mohamed Ali Jinnnah (although on purely technical grounds, as Mr Haqqani points out in his essay). The book continued to be a polarising point between the Hindus and Muslims of undivided India and exacted its price in blood during Partition as well.
It is interesting to note that it was after this case of Ilmuddin that the British amended the Indian Penal Code to include punishment for blasphemy and incitement of religious hatred. It is equally ironical that a little less than a century later, another young man would once again share Ilmuddin’s fate and how! In January 2011, Mumtaz Qadri would also be celebrated as a national hero for killing Salman Taseer, the powerful Pakistani Governor of Punjab would had dared to opposed his country’s draconian blasphemy laws.
The lessons to be learnt from the past and the present are clear. These protests, wherever they may erupt, are not just a product of politics disguised as religion, but that they must be exposed as such.
The moment the state begins to legitimise such violence as being a genuine case of religious grievance; it loses the plot and half the battle. The Bangladeshi Government realises this, which is why the whole deal about the Facebook picture was underplayed. The Pakistani Government on the other hand doesn’t get it at all and so, it had the Ishq-e-Rasool day, during which several persons where killed. India must learn its lessons from all this and stop pampering hardliners.
Civil society urges govt to remove accused under the PNDT Act from committee
http://www.tehelka.com/story_main54.asp?filename=Ws031012PNDT.asp
Dr Harsh Mahajan is an accused in a case filed by Mitu Khurana who was forced to undergo sex determination test
Shonali Ghosal
New Delhi
Eighteen years after the Pre-conception and Pre-natal Diagnostic Techniques Act (PC & PNDT Act) was passed for the “regulation and prevention of misuse of diagnostic techniques,” the government’s intention on curbing sex determination remains unclear.
Dr Harsh Mahajan, an accused under the PC & PNDT Act and president of the Indian Radiological and Imaging Association (IRIA), had been appointed as a member of a committee, which is set to examine and possibly amend the format of Form F (the mandatory form to be filled and recorded by all sonography centres when conducting an ultrasound sonography).
“They might have gone by his post as president of the IRIA. But the government should’ve checked his track record,” says Rizwan Parwez, a member of the National Inspection and Monitoring Committee (NIMC) and the Centre for Advocacy and Research. The court has taken cognizance of Mahajan as an accused (among others) after Mitu Khurana filed a case against her husband and in-laws for allegedly forcing her to undergo a sex determination test in 2005. She further states that they put pressure on her to undergo an abortion on learning that she was carrying twin girls. “This is a violation of the Act. The government never supported me in my case and now there’s this to add insult to injury,” says Mitu, who was told by a PC & PNDT official to stop wasting her life and give her husband a son if he wanted one.
“Even though Mahajan is not the doctor who performed the sex determination test, he is an accused because he holds approximately 80 per cent of the shares in Mahajan Imaging Centre where the test was conducted and is also a board member of the centre,” Mitu clarifies. The PC & PNDT law clearly states: “No person who, in the opinion of the Central Government or the State Government, as the case may be, has been associated with the use or promotion of pre-natal diagnostic technique for determination of sex shall be appointed as a member of the Advisory Committee.” “It’s like inviting a murderer undergoing trial to amend a law on Section 302 of the Indian Penal Code,” adds Parwez.
But all is not lost. In a meeting of the committee held last week (28 September), activists protested Mahajan’s presence and asked him to leave. Donna Fernandes, the head of Vimochana (an NGO on women’s rights) and a member of the same committee was present at the meeting. She recounts that it was Kiran Moghe, the Maharashtra president of the All India Democratic Women’s Organisation who raised the issue. “He (Mahajan) made some weak noise about being innocent and that he had a lot of suggestions, but other members said that he may be innocent, but, if he has a case in court, it isn’t right that he should be attending this meeting,” she says. Finally, Sandeep Kumar Nayak, Joint Secretary, Women & Child Development (who was also chairing the meeting) told him that he had said something else at registration and asked Mahajan to leave. “The government should’ve sent a strong message that you can’t be part of such an important committee before the civil society brought it up,” says Parwez.
Mahajan had to leave that meeting but whether any action has been taken to permanently remove him from the committee is not known. Incidentally, he is also a member of another similar committee, which has to examine, and perhaps, amend the provisions of the Act itself. “People like him aren’t worried about implementation, they’re just concerned with making money,” says health activist Dr Sabu Geore, who is a member of the other committee. Both Anuradha Vemuri, director of the PNDT Division, and Dr Harsh Mahajan remained unavailable for comment.
Shonali Ghosal is a Correspondent with Tehelka.
shonali@tehelka.com
Another plaint against Bangalore Urban DC
http://www.deccanherald.com/content/282872/another-plaint-against-bangalore-urban.html
Bangalore:Oct 4, 2012 DH News Service
A new private complaint was filed in the Special Lokayukta Court on Wednesday against Bangalore Urban Deputy Commissioner M K Aiyappa and others. Judge N K Sudhindra Rao has posted the case to October 17 for orders.
The case filed by Markandeya, a software engineer, pertains to land acquired in Nagarbhavi village in Vijayanagar for the development of the Vinayaka Housing Board Co-operative Society in 1985.
The complainant stated that the land had been handed over to the Society and all formalities including obtaining work order and khatas from the Bangalore Development Authority were completed.
From 1986, sites were registered in favour of the members. In 1996, the BDA also issued khatas and started collecting property tax.
Later, the land came under Pattanagere City Municipal Council and was transferred to BBMP, who issued khatas.
The complaint alleges that one Gali Hanumamma filed a case against Malliappa, the original landowner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act with the Assistant Commissioner (AC) who ordered the restoration of the property.
Order challenged
The Society members challenged the order before the then Deputy Commissioner Ramegowda who allowed the appeal, after seeking a spot inspection from the Assistant Commissioner.
Permission from DC
Gali Hanumamma then sold one acre of land to one Mirle Varadaraj for Rs three crore, after obtaining permission from the DC. She later filed an application seeking conversion of two acres of land for residential purpose, including the one acre she had sold.
The complainant who had purchased the land from the Society filed objections before the Deputy Commissioner.
The complainant stated that the DC told him that the land would be taken over and handed back. The complaint has been lodged for commission of offences under Prevention of Corruption Act and Indian Penal Code.
The complaint also names Assistant Commissioner Kantharaju, Tahsildar Suma, Village Accountant Manjunath, Gali Hanumma, her daughter Huchamma, Mirle Varadaraju and others.
K’taka HC stays probe against former disciple of Nithyananda
http://zeenews.india.com/news/karnataka/ktaka-hc-stays-probe-against-former-disciple-of-n_803566.htmlLast Updated: Wednesday, October 03, 2012, 22:07
Bangalore: Karnataka High Court Wednesday stayed further proceedings before a local court against a former disciple of self-proclaimed controversial godman Nityananda and two others in a criminal case filed against them by an actress
Justice H N Nagamohan Das stayed further proceedings in the case before the court at Ramanagara on a criminal petition filed by Ranjitha, seeking quashing of the case.
In June, the court had issued a non-bailable warrant to Lenin Karuppan and third summons to co-accused Aarti Rao and advocate Sridhar in the case filed by the actress.
The Magistrate took cognizance and issued summons to all three on June 4 2011.
Lenin failed to appear before the court, following which a NBW was issued against him, while the other two were issued a second summons on August 2 2011.
Arathi Rao is a resident of Detroit, USA.
PTI
Will appoint commissioners within 3 weeks: Govt assures HC
http://timesofindia.indiatimes.com/city/jaipur/Will-appoint-commissioners-within-3-weeks-Govt-assures-HC/articleshow/16661714.cmsTNN | Oct 4, 2012, 02.20AM IST
JAIPUR: The state government assured the Rajasthan high court on Wednesday that it would comply with the recent Supreme Court judgment on appointing at least minimum number of information commissioners (ICs) required under the right to information (RTI) Act within the next three weeks.
At present, the Rajasthan Information Commission (RIC) has just a chief information commissioner but not a single IC. The Act underlines a minimum two and maximum 10 ICs in a state.
In its September 13 ruling, the apex court made it mandatory that appeals under the RTI Act can be heard at the state information commissions only by benches comprising at least two ICs.
The judgment has resulted in the work at information commissions coming to a standstill in several states, including Rajasthan where around 8000 appeals under the RTI are already pending.
The government assurance came on a reply to high court’s query on a public interest litigation (PIL) on the subject pending since last year.
A division bench headed by chief justice Arun Kumar Mishra had directed the state government on Monday to apprise the court of the steps it had taken to comply with the SC verdict.
Additional advocate general Sushil Kumar Sharma told the division bench that the government was all set to appoint the ICs and the process would be completed within the next three weeks.
Under the RTI Act, the chief information commissioner and the ICs are appointed by a committee comprising the chief minister, the leader of opposition and a cabinet minister.
While the PIL filed by advocate Prakash Shukla has been pending in court since September 2011, Aruna Roy, of the leading forces behind the RTI movement in the country, recently moved an application before the state administrative reforms department to know what steps had so far been initiated to appoint the ICs. The government department, however, failed to answer Roy’s query.
Conman lures 5 with HC jobs
- October 4, 2012
- By Praveen Kumar
- DC
- Bengaluru
A data entry operator managed to take the police, social welfare and other departments concerned for a ride in his effort to get jobs in the Karnataka High Court for five aspirants from Bijapur and other northern districts of the state. He had allegedly taken money from each candidate.
The accused, along with his associates, had created a fake letterhead of the Karnataka High Court and allegedly forged the signature and seal of the High Court Registrar (Administration) directing the officials to submit character/antecedents certificate, caste and income certificates and medical fitness certificate which are mandatory for applicants to government job.
Police have identified the suspect as B.G. Gopal, who was working as a data entry operator at a business solutions firm on Old Airport Road in Kodihalli. He had promised government jobs to family members of his colleagues and others, mainly from Bijapur. All the aspirants, who he had lured, had applied for the 2008 Karnataka Public Service Commission (KPSC) exams for various posts. The aspirants were assured that they would be given jobs as typist and first and second division assistants in the Karnataka High Court.
With the help of the fake letterheads, signature and seal, Gopal had asked the respective departments to issue the necessary certificates. The character, antecedents, caste, income and medical certificates of the five candidates were sent directly to the High Court by the respective departments. Strangely, the High Court had not sought any documents from any of the departments pertaining to the five candidates and the officials were surprised when they got them. Following this, Karnataka High Court Registrar (Vigilance) on June 26, instructed the city police to conduct an inquiry.
The High Court Vigilance Cell officials, who conducted an inquiry, found out that Nagappa, a resident of Bijapur, had applied for the post of second division assistant, Aravind Gangaram Rathod, Basavaraj Mullur and Banadevi Shanmukhappa of Bijapur district for the post of first division assistant and Anasuya of Yadgir district for the post of typist, and were promised jobs by Gopal. Of the five candidates, Anusuya’s husband Mr Srinivas V. Joshi, was also working as a data entry operator at a business solutions firm on Old Airport Road since 2006. Three years ago, Joshi’s colleague Gopal is alleged to have promised a typist’s post in the Karnataka High Court for Anusuya and had taken money.
Later, Mr Joshi along with his associates Shekarappa Sangappa Hosahalli and Prakash Patil Rudre Gowda, met the four other job aspirants with the promise of jobs. The report has been submitted to the High Court Vigilance Registrar. Cases against B.G. Gopal, Srinivas V. Joshi, Shekarappa Sangappa Hosahalli, Prakash Patil Rudre Gowda and the five job aspirants have been registered. “We are in the process of arresting them”, an officer of the High Court Vigilance Cell added.
PIL against Bharti Walmart for FDI violation withdrawn in HC
http://www.business-standard.com/generalnews/news/pil-against-bharti-walmart-for-fdi-violation-withdrawn-in-hc/64044/
Press Trust of India / New Delhi October 03, 2012, 20:55
Environmental activist Vandana Shiva today withdrew her PIL from the Delhi High Court filed against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy in retail sector.
“I am withdrawing the petition,” the counsel for Shiva told a bench headed by Chief Justice D Murugesan. The court allowed the plea.
Earlier, the counsel for Shiva and Additional Solicitor General (ASG) Rajeeve Mehra had said the PIL against the private joint venture firms have been rendered infructious in the wake of new central policy on FDI in retail sector.
The ASG had told the bench, also comprising Justice Rajiv Sahai Endlaw, that in the changed scenario, when the FDI in retail has been allowed, the petition loses its relevance.
Earlier, the court had issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India’s existing FDI policy.
The PIL had alleged Bharti Walmart was illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry trade here.
Cash and carry is a form of trade in which goods are sold from a wholesale warehouse and customers settle the invoice on the spot.
The PIL also alleged that many established Indian firms are acting as “front” for foreign firms to give their offshore partners a “majority control and economic interest” in retail sector here.
Walmart entered in a joint venture with Bharti Enterprises in 2007 for carrying out cash and carry wholesale trade in India.
Club’s resolution amounts to character assassination: HC
http://www.bangaloremirror.com/article/10/20121004201210040621521765fd8f2bc/Club%E2%80%99s-resolution-amounts-to-character-assassination-HC.htmlCourt suggests that Bangalore Club withdraw the resolution passed to oust former president
S Shyam Prasad
Posted On Thursday, October 04, 2012 at 06:21:27 AM
A former president of Bangalore Club, arguably the city’s most prestigious club, has approached the high court against a resolution passed by an extraordinary general body meeting of the club which terminated his presidency.
MK Marattukalam petitioned the High Court that he was not an invitee to the general body meeting at which he was ousted from the post of president and even the car parking slot reserved for him was denied. It is a tradition at the club to invite the president to general body meetings.
In the previous hearing of the case by Justice N Ananda on September 10, the respondents, including the current president Feroze Sattar Sait, had filed their objections.
During hearing of the case on Wednesday, the judge said, “You should not have attacked him personally in the resolution. These resolutions are public records. It is defamatory in nature and you are castigating a person before you hear him. How can a resolution be character assassination?”
Marattukalam’s advocate also told the court that on an earlier occasion, another member, Gagan Chandy, had his membership suspended for a period of two years for speaking up at a general body meeting. Chandy too had approached court and the club had sought leave to withdraw the resolution.
When the judge perused the submission, he found that in Chandy’s case, Marattukalam was the president when the resolution suspending his membership was passed.
The judge then commented, “So it has boomeranged on him (Marattukalam).”
Senior advocate Ashok Haranahalli, who was representing the respondents, revealed that Marattukalam had not answered the notices issued to him. But the judge replied, “A person’s character cannot be assassinated without him being heard. If you reverse the process it can put an end to all the problems. Call a general body meeting.”
The case was posted for October 10.
Donor kin veto alone can’t stop organ gift to unrelated patient: Bombay high court
http://timesofindia.indiatimes.com/india/Donor-kin-veto-alone-cant-stop-organ-gift-to-unrelated-patient-Bombay-high-court/articleshow/16662915.cmsSwati Deshpande, TNN | Oct 4, 2012, 05.07AM IST
MUMBAI: In a landmark judgment, the Bombay HC has set aside a government panel’s decision to prevent a Madhya Pradesh flour mill owner from donating a kidney to his cousin, a goods loader, who is undergoing treatment at Jaslok Hospital. The government panel—the state authorization committee had rejected the cousin’s plea to donate because his own brother and minor daughters were opposed to his decision. The court has asked it to consider the man’s request again.
India’s transplantation law allows only close family comprising spouse, parents and children to donate organs. Unrelated donors require permission to give.
Bombay HC has clarified that the law on transplantation of human organs “does not confer an overriding veto on the next of kin of the donor” when the donor and donee are not close relatives.
The bond of love and affection even when not ‘near’ relatives is key to becoming a donor, it said. The court set aside the orders passed by the authorization committee.
A fact that was highlighted was that both men hail from a humble background—one is a flour mill operator earning Rs 150 a day and another a goods loader making Rs 6,000.
A bench of Justices D Y Chandrachud and Amjad Sayed held that the authorisation committee wrongly concluded that there was no bond of love and affection between the donor and donee after the brother and children of the donor, a single parent of two minor daughters, did not consent to the donation and the near relatives of the patient did not offer to donate. The Jaslok Hospital committee had approved the donation. The HC ruled that “views of the next of kin are entitled to deference but this is not to suggest that the committee, once a disagreement is expressed would have no power to take an independent decision based on the best interest of donor and recipient.” The judges said, “Ultimately, the committee has to take a judicious decision after considering all facts and aspects of law.” The court directed the committee to consider the case “afresh, expeditiously and to hold a fair inquiry into all facets of the law and facts.”
“There is always a risk involved in a transplantation procedure,” the HC said, adding, “But the degree of risk may vary from case to case based on medical condition of donor. The impact of a donation on the donor’s quality of life must be assessed and must be balanced with his desire to save a life.” It added that need to save a life is also significant from a public health perspective and directed that the “committee must realistically look at at our societal milieu to understand why a married daughter of a recipient may not be in a position to donate a her kidney to her father. These are indeed difficult question” The judges said, “The judge canot perform the role of God or an expert” and left the decision-making to the committee.
The HC pronounced the order on September 27, but the text of the judgment was made available only on Wednesday. It declared that the Transplantation of the Human Organs Act of 1994 which governs organ donation in India “balances the autonomy of an individual as decision maker with the societal interest in protecting family concerns. The Act seeks to bring a health balance between need for organ transplantations to save lives on one hand and public interest in ensuring that it does not become a facade for exploitation or organ trafficking.”
The case before the court, the judges said, “traverses medicine, social ethics and law and has profound human implications.” It gave rise to a delicate and sensitive issue of whether a single parent of two minor daughters Vijaykumar Sahu could be permitted to donate one kidney to Balmukund Sahu, his cousin—their fathers were brothers—on the grounds that they were bound by affection arising from their family dwellings in MP. Both lead modest lives. The patient is a goods-loader onto vehicles and earns less than Rs 6,000 per month.
The law in India, the court said, is aimed at saving lives and at preventing exploitation of people’s poverty, illiteracy and ignorance. The law thus allows “near relatives” defined as parents, husband or wife, children and grandparents to donate organs while alive. But it also allows a person who is “not a near relative” to donate organs out of affection or attachment or any special reason” but only after prior nod from a state-level committee. The committee is governed by certain rules and must make an inquiry to rule out commercial transactions between donor and donee and seek reasons why the donor wishes to donate.
The law requires the committee to apply its mind, said the judges, that affection is motivating factor. The HC said that the committee thus had to consider the explanation for the link between the donor and donee and can even rely on old photographs to prove the link. It has to ascertain that no tout is involved. The views of the donor’s kin is to ascertain that they are aware of the donor’s intentions.
The court held that in the present case the fact that the donee’s own relatives did not come forward to donate would not displace the affection between the donor and donee.
Rape victim critical after suicide bid at HC premises
http://timesofindia.indiatimes.com/city/delhi/Rape-victim-critical-after-suicide-bid-at-HC-premises/articleshow/16664438.cmsTNN | Oct 4, 2012, 08.32AM IST
New Delhi: A 35-year-old rape victim who allegedly tried to commit suicide inside Delhi high court premises on October 1 is battling for life at a private hospital in the Rohini area of northwest Delhi.
Police said the woman had collapsed after consuming an insecticide and was rushed to Ram Manohar Lohia hospital. Later, she was shifted to the ICU unit of another hospital.
Family members of the accused had allegedly threatened to kill the woman and her family if she didn’t withdraw the case.
One of her relatives said, “She had gone into depression after the incident. When she came to the high court for the hearing, she was threatened to take the case back. She went back to Sonepat but her husband disowned her. When she appeared for hearing on October 1, the brother of the accused asked her to turn hostile before the court. Unable to think of a way out, she thought of ending her life.”
A police source said that the victim, who belongs to Haryana, had received an interview call in 2011. The victim alleged that she was offered a cold drink laced with sedatives after consuming which she collpsed on the floor. The accused then raped herand threatened her with dire consequences if she disclosed the incident to anyone.
The man was arrested the same year after a case was lodged at Vijay Vihar police station.
toireporter@timesgroup.com
Sportsperson too can be nominated to Rajya Sabha: Centre to HC
http://www.hindustantimes.com/India-news/NewDelhi/Sportsperson-too-can-be-nominated-to-Rajya-Sabha-Centre-to-HC/Article1-939377.aspx
PTI
New Delhi, October 03, 2012
Sachin Tendulkar was nominated to the Rajya Sabha as per the constitutional provision which also allows induction of experts from the field of sports, government told the Delhi high court on Wednesday.
Additional Solicitor General Rajeev Mehra said the provision under Article 80 of the Constitution does not confine to inducting experts only from the fields of science, arts, literature and social services but also those from sports, education and other areas.
Mehra placed a copy of the affidavit, which was earlier filed in the Allahabad High Court on a similar plea against Tendulkar’s nomination to the Upper House, before the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw.
The senior counsel had told the bench earlier that the government has already taken a stand before the Allahabad High Court on the same issue and the copy of the affidavit would be produced for the court’s perusal.
The centre was responding to a PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Sachin’s nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
“A bare reading of the Article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the Article,” he said.
“The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism, parliamentary practice and procedure, public administration, agriculture, sports (wrestling) or other similar fields of human endeavour,” the affidavit said.
Setback for ATS as Bombay HC grants bail to alleged Maoists
Posted On Thursday, October 04, 2012 at 08:58:24 AM
The two, among seven members who were arrested in Pune last year for spreading the ideology of the banned organisation, have to report to the police every Sunday
Sunil Baghel In a setback to the Anti Terrorism Squad, the Bombay High Court (HC) on Wednesday granted bail to two alleged Maoists, who were among seven arrested from various parts of the State in April last year.
Justice Abhay Thipsay granted bail to Jyoti Chorge and Sushma Ramtekke for Rs 30,000 each and one or two sureties of the like amount. To ensure that they do not abscond, the court also directed them to attend their local police station every Sunday.
The ATS had accused Chorge and Ramtekke of being members of the banned Communist Party of India (Maoist), and of spreading its ideology as part of the Golden Corridor Committee, a panel formed to propagate its doctrine in urban centres. Both of them were held in Pune, after the arrest of Anjali Sontakke, alias Angela Teltumbde, who is alleged to be the secretary of the Golden Corridor Committee.
Apart from Chorge and Ramtekke taking a common defence stand that their names never reflected in the original FIR, Ramtekke’s main defence was that she was arrested simply because she was the roommate of Anjali Sontakke, and that she was found to be using aliases.
According to ATS, however, Ramtekke was a ‘dedicated member’ of the outfit and had used at least two false names — Shraddha Gurav and Madhavi More — while spreading the activities of the banned group. She has also been accused of providing logistical support to Anjali and attending group meetings.
Chorge’s bail application contended that the pro-Maoist material she was allegedly caught with did not belong to her, and that she had been and the friend are also accused in the case.
Chorge further said that she was arrested when she was about to hand over the bags to the other accused whom she was meeting for the first time. She was less than 19 years of age at the time of her arrest.
The ATS defended their case by citing statements from the chargesheet filed in May last year, and emphasising that the material recovered from both of them showed that they were active members of the banned organisation. However, the HC declined to accept their submissions.
School inferno: HC orders plastic surgeries for two children
http://www.business-standard.com/generalnews/news/school-inferno-hc-orders-plastic-surgeries-for-two-children/64084/
Press Trust of India / Chennai October 03, 2012, 22:25
Madras High Court today directed the Tamil Nadu Government to bear the expenses of proposed plastic surgeries on two children, who received serious burns in the 2004 Kumbakonam school inferno.
Passing interim orders on a miscellaneous petition, the court directed private Apollo Hospitals to perform plastic surgeries on Kausalya and Vijay “as soon as possible” and ordered Tamil Nadu Government to bear the treatment expenses.
Petitioner K Inbaraj, Secretary, Kumbakonam Fire Tragedy Victims Association, submitted that the consultant plastic surgeon of the hospital had said that the two children required plastic surgery and the entire cost of the procedures would be around 1.25 lakh each.
In its counter, the government said it had already paid an ex-gratia amount and also issued home pattas to families of victims.
Justice D Hariparanthaman, in his order said, “The payment of ex-gratia and issue of home pattas to families of the victims cannot absolve the government from granting medical aid to children, who received burn injuries.”
Pointing out that the counter has not stated anything on the treatment given to the children, the Judge said, “The 18 children received severe burn injuries at eight years of age. Denying medical treatment to children by the state is violation of Article 14 and 21 of the Constitution.”
“In these circumstances, Apollo Hospital is directed to admit these two children for surgery as opined by its consultant plastic surgeon and perform the surgery as suggested by doctor,” he said and posted the matter for October 8.
94 children were killed when a major fire swept through a private school in Kumbakonam on July 16, 2004.
HC stays LU students’ union polls
http://www.expressindia.com/latest-news/hc-stays-lu-students-union-polls/1011764/
Express news service
Posted: Oct 04, 2012 at 0452 hrs ISTLucknow A student challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination. Otherwise, the age as on the date of commencement of academic session is taken into consideration for all purposes, he said
The Lucknow bench of Allahabad High Court today stayed the elections of Lucknow University Students Union (LUSU), which were scheduled for October 15.
A bench comprising Justices Uma Nath Singh and Virendra Kumar Dixit passed the order on a petition of Hemant Singh, a student, who challenged the rule which says that the permissible age limit to contest elections shall be calculated as on the date of nomination.
His counsel Prashant Singh Atal said ordinarily, the age as on the date of commencement of academic session is taken into consideration for all purposes. But, as a result of this rule, the petitioner had become overage to contest the election.
The petitioner sought a direction to Lucknow University to consider his candidature for contesting the students union election by calculating his age as on the date of commencement of academic session.
“Other universities, including Delhi University and Hemvati Nandan Bahuguna University, Dehradun, have considered the age of the candidate as on the beginning of the academic session,” Hemant said.
The Lyngodh committee had recommended that elections should be held within 6 to 8 weeks from the date of beginning of the academic session. LU’s academic session started on July 16 but the election notification was issued on September 25, nine days after the recommended eight weeks’ time. “On September 27, I gave a memorandum to returning officer N K Pandey and others, but no action was taken,” said Hemant.
“The notification for election has been issued after eight weeks, and thus, the petitioner has stood disqualified to contest the election only on the ground of being overaged which should ordinarily be calculated as on the date of commencement of academic session,” said the bench.
“In the interest of justice the LUSU polls scheduled for October 15 as notified on September 25 needs to be stayed till the next date of hearing,” the court stated.
Abhi Verma murder case: HC okays hanging, but defers execution to give time for appeal
http://www.hindustantimes.com/Punjab/Chandigarh/Hoshiarpur-murder-case-HC-clears-way-for-hanging-two-convicts/SP-Article1-939350.aspx
Sanjeev Verma, Hindustan Times
Chandigarh, October 03, 2012
The Punjab and Haryana high court on Wednesday cleared the way for hanging two convicts, Vikram Singh and Jasbir Singh, for kidnapping for ransom and later committing a “cold-blooded murder” of a 16-year-old Hoshiarpur (Punjab) boy Abhi Verma “in inhuman, diabolic and dastard manner” in 2005.
However, the division bench comprising justice Surya Kant and justice RP Nagrath directed the Patiala central jail superintendent to keep the death warrants, issued for October 5 by the Hoshiarpur district and sessions judge, in abeyance till October 12, so as to enable the convicts to avail their remedy of filing appeal in the Supreme Court.
Finding no merit in the petition filed by Vikram Singh and Jasbir Singh, the bench said petitioners’ submission has “no legs to stand and must fall flat” adding that the decision “to hang the petitioners to death has been unarguably taken following the procedure established by law.”
Court had found Vikram, Jasbir and Jasbir’s wife Sonia of kidnapping and later committing murder of a Hoshiarpur goldsmith Ravi Verma’s son Abhi for a ransom of Rs. 50 lakhs in February 2005 in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence.
The trial court had on September 3, 2005 convicted the trio under sections 302 (murder), 364-A (kidnapping for ransom), 201 (causing disappearance of evidence of offence) and 120-B (criminal conspiracy) Indian Penal Code and sentenced all of them to death.
Later the high court had on May 30, 2008 confirmed the death sentence awarded to the three accused. The convicts filed an appeal in the Supreme Court, which on January 25, 2010 upheld death sentence in case of Vikram and Jasbir. However, Sonia’s death sentence was commuted to life sentence.
With an intention to linger on the death sentence awarded to them, Vikram and Jasbir had approached the high court challenging the legality of convicting them under section 364-A of IPC and had sought directions to strike down the section from IPC stating it against articles 14 and 21 of the Constitution of India.
The petitioners had informed that the legislative object of ‘death’ as one of the sentences for the offence under section 364-A was to curb the menace of cross-border terrorism in kidnapping cases against ‘the government or any foreign state or international intergovernmental organization’ and not to punish any individual.
However, the bench said that the petitioners’ counsel’s “contention completely overlooks the fact that the phrase “any other person” was inserted in section 364-A at the onset only to punish a private individual’s kidnapping for ransom.”
HIV tests: HC seeks opinion of national body
http://timesofindia.indiatimes.com/city/ahmedabad/HIV-tests-HC-seeks-opinion-of-national-body/articleshow/16661472.cmsTNN | Oct 4, 2012, 01.50AM IST
AHMEDABAD: The Gujarat high court on Wednesday asked the National Institute of Biologicals to give its opinion on whether Polymerase Chain Reaction (PCR) test should be adopted instead of ELISA for reduction of window period in HIV check up during blood transfusion.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has roped in the national institute after it obtained response from the National Aids Control Organisation (NACO) and the controller of drugs.
The court has been making inquiry in this issue on the basis of a PIL filed by one Babulal Thakkar, who sought HC directions to authorities with claims that with adoption of PCR test instead of ELISA, the window period for check up could be reduced drastically.
The national institute has been asked to throw light on this aspect by October 19. Meanwhile, the high court has deleted Thakkar’s name from the PILs he filed in this regard after it was brought to court’s notice that he had sought registration of FIR against prime minister Manmohan Singh, UPA chairperson Sonia Gandhi and NACO director Satyen Chatterji for alleged corrupt practices.
The court has decided to continue with the PILs sans Thakker, who used to appear as party-in-person. The court has held that the issue raised by the petitioner was of very serious nature and concerns public interest.
HC seeks AG views on contempt proceedings against officials
http://www.business-standard.com/generalnews/news/hc-seeks-ag-viewscontempt-proceedings-against-officials/64087/
Press Trust of India / Jaipur October 03, 2012, 22:45
Rajasthan High Court today sought the Advocate General’s opinion on possible action it can take after finding state officials guilty of committing contempt of court during 2008 gurjar agitation for quota.
The Court was hearing the contempt petition filed by the government against Gurjar leader K S Bainsla who had led the stir.
The single bench of Justice M C Sharma had earlier issued contempt notice to former Chief Secretary D C Samant for his failure to comply with the court’s 2008 order asking the gurjar leaders not to disrupt law and order and the government to ensure its strict compliance.
Following this, government had filed the contempt petition against Bainsla and other Gurjar leaders.
The bench was of the view that while the gujjar leaders are guilty of flouting court’s order, at the same time the state government had also miserably failed to see compliance of court’s order and the entire chaos was outcome of failure of state machinery.
The bench had also asked the state government to withdraw the proceedings but the state government refused to do so.
The court today asked Advocate General G S Bapnah to frame opinion and inform it on November 5 as to what should be done by the court as it finds the officials guilty of contempt and also what were the reasons for the chaos that took place during gurjar agitation despite court’s order of peaceful demonstrations.
Residents move HC against school construction
http://www.indianexpress.com/news/residents-move-hc-against-school-construction/1011672/Express news service : Thu Oct 04 2012, 02:00 hrs
A group of residents of Oshiwara and Lokhandwala have approached the Bombay High Court against the setting up of an international school in the area.
The petitioners, the Oshiwara Lokhandwala Residents’ Association (OLCA), have a filed a petition which was heard before a Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar.
According to them, the construction of the school premises is being carried out on two adjoining Maharashtra Housing and Area Development Authority (MHADA) plots measuring 2,160 sq m and 3,850 sq m. They claim that these two plots were reserved for a municipal school, a common playground respectively and were open spaces.
Their petition further states that in response to their query, they received a MHADA response stating that both plots, though reserved, were leased to one Janata Education Society for 30 years in August 2008.
In July this year, the residents had taken out a protest march to voice their concerns on the issue. They claim that they have written several letters to authorities on the issue, but did not get any response.
The petitioners demand that the trust should be restrained from carrying out any further construction on the plot and restore the area to its original condition.
The court has now asked the state government and the trust to file their affidavits in response to the petition within three weeks.
HC grants pre-arrest bail to Karunanidhi’s relative
http://www.business-standard.com/generalnews/news/hc-grants-pre-arrest-bail-to-karunanidhis-relative/64099/
Press Trust of India / Chennai October 03, 2012, 23:25
Madras High Court today granted anticipatory bail to V M Jyothimani, son-in-law of former Tamil Nadu Chief Minister M Karunanidhi’s daughter Selvi, in a land fraud case with stringent conditions including Rs 50 lakh deposit in the lower court.
Passing orders on Jyothimani’s plea, Justice G M Akbar Ali ordered that he be released on bail in the event of arrest or on his appearance before the XI Metropolitan Magistrate, Saidapet, within 15 days from the date of receipt of the copy of the order.
He should also execute a bond for Rs one lakh with two sureties each for the like sum, the court said, Jyothimani shall deposit a sum of Rs 50,00,000 before XI Metropolitan Magistrate within a period of two weeks from the date of receipt of the order, it said.
He shall produce property security to the value of Rs 1.25 crore standing either in the name of the petitioner or his close relatives and also execute security bond to that effect, it said.
The petitioner shall appear before the police daily at 10 AM for a period of two weeks, the Judge said, adding he should produce all necessary documents, including bank statements, and cooperate with the investigation.
In his complainant to police, V Nedumaran of Valasarawakkam alleged that Jyothimani had promised to sell him 2.94 acre of land in Thalambur village for Rs 5.14 crore, after claiming to be the property’s power agent in 2007 but did not execute the sale.
Though Jyothimani received a cheque for Rs 3.5 crore as advance, he “did not come forward to execute the sale nor did he return the money,” the petitioner alleged, adding that instead the said property was sold to another person.
He further alleged that Jyothimani did not entertain phone calls made by him.
HC extends stay on felling of trees
http://www.deccanherald.com/content/282930/hc-extends-stay-felling-trees.html
Bangalore, Oct 3, 2012, DHNS:
The Karnataka High Court on Wednesday extended the stay on felling of trees for road widening within BBMP area and questioned the significance of the Tree Authority and the Karnataka Preservation of Trees Act.
The court was hearing a petition filed by the Environment Support Group (ESG) and a suo motu PIL initiated by the High Court, following a letter by Justice D V Shylendrakumar to the erstwhile chief justice in 2011. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna extended the stay and clubbed the petition with another suo motu petition, where the High Court, on September 4, 2012, had told the National Highway Authority of India (NHAI) that no trees shall be felled for road construction or widening on NH-218 passing through Bijapur, Humnabad and Gulbarga.
The petitioners cited BBMP’s claim that it had planted over eight lakh trees and contended that the Palike did not state where it planted the trees. They submitted that status of the planted trees was not known and the Tree Authority “was indiscriminately permitting the felling.” The Bench also questioned the Tree Authority’s significance. “Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuing a public notice so that objections can be invited. The Act does not provide any machinery in this regard,” the Bench noted.
“So far as the availability of an appeal is concerned, it seems to us that it may be futile in those instances where the tree officer grants permission to fell a tree. The public perception is that such orders are executed instantly and at night.”
Upholding the submission of the petitioners that members of the Tree Authority were “not satisfactory,” the Bench observed: “The Act does not seem to cater for such an eventuality. Further more, so far as the constitution of the feller body is concerned, it comprises three members such as mayor or president of the Municipal Corporation, the municipal commissioner or the chief executive etc, who are in effect the persons proposing the felling or keeping of a particular tree. This may amount to a person being a judge in his own cause and is an anathema in law.”
The matter has been adjourned.
No U-turn near mall on e-way: HC
http://timesofindia.indiatimes.com/city/chandigarh/No-U-turn-near-mall-on-e-way-HC/articleshow/16663202.cmsTNN | Oct 4, 2012, 05.45AM IST
CHANDIGARH: Taking up the issue of vehicular congestion on the Delhi-Gurgaon expressway, Punjab and Haryana high court on Wednesday issued orders prohibiting U-turn near Ambience mall in Gurgaon during rush hours.
As per the HC directions, no U-turn will be allowed near Ambience mall between 8 am and 11 am in the morning hours and from 5 pm to 8 pm during evening hours. The HC has asked Haryana Police to block the U-turn.
When the matter came up for hearing before the high court, Gurgaon police informed the court that the situation has not improved at the toll plaza and traffic jams and chaos are back. Gurgaon police has also reiterated it earlier stand that the location of the toll plaza is not appropriate and its design is also faulty. Police also alleged that underpasses/bridge at the expressway are not maintained and due to faults around 200 persons have lost their lives while around 306 has been injured in the past two years.
The issue of payment to the police was also raised, following which the concessionaires submitted that they would agree on the amount settled by the court. Assistant commissioner of police Ravinder Kumar, who was also present in the court, pleaded the court for implementation of the rule that if waiting time of vehicles in queue in any lane exceeds 10 minutes the barrier of that lane should be lifted to reduce the waiting time.
During the hearing of the case, one Attar Singh, claiming to be representative of Toll Hatao Samiti, tried to intervene in the matter but the court refused to entertain his pleas and adjourned the matter for October 8.
During the last hearing on September 28, the Punjab and Haryana high court had ordered that no toll should be collected from private vehicles during peak office hours in the morning and evening. As per the orders, there will be no collection of toll from 8.30am to 10am and again from 5.30pm to 7pm. Now the same orders would continue till October 8.
Earlier on September 4, after pulling up the expressway operator for failing to put an end to chaos at the toll plaza, the HC had barred toll collection from all private as well as commercial vehicles on the stretch. The direction to stop toll fee collection came after the Gurgaon traffic police informed the court that the concessionaire was responsible for the chaos at the expressway because it had not hired enough staff to deal with traffic.
Raze 3,000 houses in a month: HC
http://timesofindia.indiatimes.com/city/jaipur/Raze-3000-houses-in-a-month-HC/articleshow/16664169.cmsAbhinav Sharma, TNN | Oct 4, 2012, 07.59AM IST
JAIPUR: An HC division bench of Chief Justice Arun Mishra and Justice Meena V Gomber came down heavily on the JDA, JMC and RHB for their failure in complying the order of the bench to remove encroachments falling in the Amanishah Nullah. The court ordered demolition of more than 3,000 dwelling units said to be encroaching on the 13km stretch of the nullaha falling in JDA and JMC region with some segregated constuctions in Mansarovar Housing Board area.
The bench also initiated contempt proceedings against former CEO of JMC, Loknath Soni for not taking any action in the last one month despite court’s order to remove encroachments. The bench has also directed the state government to taken action within 10 days against guilty officials who allowed illegal constructions or granted permission for construction and the land conversions in the catchment area and inform the court during next hearing after 15 days.
The court however, refused to extend time limit for compliance to 6 months as sought by JDA and asked that all the 3,000 or more houses that have been built in the water flow area of the original nullaha should be razed in one month.
The court also asked JDA, JMC and RHB to issue notices to the encroachers to remove their dwelling units and make paper publication of the proposed action of demolition of their houses in newspapers.
The bench recorded statements of Arvind Arya, superintending engineer of JDA, J S Yadav, CEO of JMC and A A Khan, deputy housing commissioner and expressed displeasure over the slow pace of removal of encroachments. It was submitted by JDA officials and senior advocate R N Mathur appearing for JDA that due to public resentment officials were stopped from taking any steps.
The court was told that out of a total 48km stretch of the nullah only 39km falls in JDA region and out of this 170 encroachments have been removed and only a 6km thickly populated stretch remains. On a query raised by court it admitted that around 800-1,000 houses are there in this region.
Similary, JMC said that only 7km area of the nullah is in its purview where more than 2,000 houses are within or near the catchment area of the nullah but no single house was served with the notice in the last one month owing to JDA not demarcating the central line. The housing board said there is no encroachment in the 6.5km stretch of nullah passing from Pratap Nagar and Mansarovar except that of Neerja Modi School which has already been demolished by JDAJDA. There is hardly any requirement of a central line except in a small stretch. The body language of officials speaks volume in itself showing they are under tremendous pressure and they do not seems willing to follow our orders. We know how to get the orders complied with,”observed Justice Mishra.JDA, Justice Mishra observed, “You are yourself responsible for this situation. You have allowed them to erect illegal constructions. You are trustee of this public land and now you say we cannot remove encroachments. Can this be a sensible statement? We record our strong displeasure over the fact that a large number of encroachments are still holding ground.”
HC orders status quo on memorial of spiritual leader
http://www.indianexpress.com/news/hc-orders-status-quo-on-memorial-of-spiritual-leader/1011751/0
Press Trust of India : Mumbai, Thu Oct 04 2012, 04:26 hrs
The Bombay High Court has granted a status quo on the memorial of Maharashtra’s spiritual leader Dr Nanasaheb alias Narayan Vishnu Dharmadhikari, proposed to come up in Alibag taluka of Raigad district at a cost of Rs 20 crore.
The status quo was granted last week by a Bench headed by Justice A M Khanvilkar who heard a petition filed by some villagers of Bamangaon group gram panchayat in Alibag taluka alleging unlawful acquisition of a 12-acre land by the state government without following procedures.
Dharmadhikari, who died in Pune in 2008, has a huge following in the state. He had devoted 60 years of his life in public service in Raigad district on the Konkan coast of Maharashtra.
On March 28, 2011, the urban development department had directed the Raigad collector to take possession of the land. On the same day, the collector took possession of the land and made entries in the land record, the petition filed by Ashok Raut and Prabhakar Raut alleged.
The petition has taken objection to the acquisition of land for erecting memorial for the spiritual leader, saying the land is currently used for grazing cattle and this practice has been going on for ages.
Also, proper procedures were not followed in land acquisition, it alleged.
The petition argued that the collector had not given a hearing to the villagers on the acquisition of land, against the principle of natural justice, adding that the decision violated their fundamental rights.
They cited a rule that if the possession of land is with gram panchayat, the government can acquire it only if the land is needed for a national or state development project, provided the gram panchayat does not require the land.
The petitioners had urged the court to quash the urban development department’s order and grant a status quo on the project.
HC stays construction of residential projects in Noida
http://www.indianexpress.com/news/hc-stays-construction-of-residential-projects-in-noida/1011770/Express news service : Allahabad, Thu Oct 04 2012, 04:57 hrs
The Allahabad High Court today stayed the construction of multi-storey residential projects of nearly half-a-dozen private developers in sectors 75 and 120 of Noida, while hearing a petition alleging that the Noida Authority allotted land to private builders without formally acquiring it from the farmers.
The court has given two weeks time to the respondents to file their replies. The matter will come up for further hearing after three weeks. A division bench of Acting Chief Justice Amitava Lala and Justice PKS Baghel said that the allegations made in the petition raised a question of law as to whether any public authority had the power to allot land to a third party without first acquiring it from the land owner.
The petition filed by Kalu, a farmer of Sarsabad village, through counsels Shiv Kant Tripathi and Amrita Rai, said that on April 7, 2011, a notification under Section 4 (indicating the intention of the Authority concerned to acquire land) of the Land Acquisition Act for 120 hectares in Sectors 75 and 120, falling in Sarsabad village, was issued.
Nearly six lakh square metres of land, which is roughly half of the total area for which the notification was issued, was allotted to different builders between 2010 and 2012 without the acquisition process being complete, said the petition.
“Our contention is that 17 months after the notice under Section 4 was issued, the acquisition process has not moved forward. Under the norms, the notice under Section 6 (pertaining to finalising the plots to be acquired) of the Act should have been issued within a year. Also, our main objection is land could not be allotted to private builders before it was acquired from farmers,” said Mishra. He added that all the private developers involved have begun construction on the allotted land.
HC to hear plea against land acquisition on Oct 15
http://timesofindia.indiatimes.com/city/pune/HC-to-hear-plea-against-land-acquisition-on-Oct-15/articleshow/16663326.cmsVishwas Kothari, TNN | Oct 4, 2012, 06.00AM IST
PUNE: The Bombay high court is likely to hear on October 15 a couple of writ petitions challenging the acquisition of the 20-acre private land at survey no 245 in Lohegaon by the Pune district administration to facilitate the extension of runway at the Indian Air Force’s (IAF) Lohegaon airfield.
The acquisition process was completed on March 5, 2011 by way of invoking the urgency clause under section 17 of the Land Acquisition Act, 1894 and the land has since been handed over to the Defence Estate Officer (DEO), Pune.
However, the runway project, which was sanctioned by the Union government almost a decade ago, has since been bogged down by a spate of litigations in the high court as well as in the civil court in the city.
K M Talera, owner of a private resort that owns the acquired land, has filed the writ petition challenging the legal validity of the acquisition process. The petitioner has sought the high court directives to quash and set aside the acquisition and hand the land back to him. Another writ petition, filed by the Ex-servicemen Association of Lohegaon has been clubbed with this matter.
At the last hearing on July 31, the high court division bench of justices S A Bobde and Mrudula Bhatkar had granted time to either parties for conveying their willingness for mediation to resolve the issue.
Speaking to TOI, Talera said, “We have challenged the land acquisition on the grounds that the process was not effected by a competent authority, as laid down under the Land Acquisition (LA) Act, 1894 that is applicable to the central government. The acquisition has been done under the LA Act, 1894 that is applicable to the state government. This should not have been the case as the acquisition purpose is for a central government establishment. It is also our case that the purpose of acquisition of our land is malafide and the land comes nowhere near the runway.”
T S Arockianathan, the then DEO, Pune, has filed an affidavit in reply maintaining that the acquisition of land was completed under the LA Act, 1894 as applicable to Union of India, in due compliance with all the legal procedures and following due process of law. “It is a normal practice that when the land, which is subject matter of a particular state, is to be acquired by the central government for a public purpose, a requisition / demand is raised to the concerned state government machineries. Accordingly, Pune Divisional Commissioner and the special land acquisition officer has the authority and jurisdiction for the acquisition of the land,” the affidavit states.
On December 3, 2003, the Union government had sanctioned acquisition of the 20 acre private land at survey no 245 in village Lohegaon for extension of runway and construction of a soft ground arrester at a cost of Rs 7.54 crore. A demand for land acquisition was placed before the Pune district’s land acquisition officer by the DEO, Pune on March 10, 2004. However, the acquisition proceedings could not go further till early 2007, prompting the Ministry of Defence to write to the then state chief secretary, B K Sankaran, to speed up the acquisition process. Subsequently, the Pune divisional commissioner had issued a couple of notifications on February 13, 2007 and on September 28, 2007, the latter invoking the urgency clause, to facilitate the acquisition.
Delhi HC relief to Bharti Airtel: Ban on 3G roaming pacts stayed
http://www.indianexpress.com/news/hc-to-appoint-more-mcoca-judges/1011687/0
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days
BS Reporter / Oct 04, 2012, 01:00 IST
In a major relief to 3G subscribers of Bharti Airtel, the Delhi High Court on Wednesday granted a stay on a government order asking the telecom major to stop offering 3G mobile services outside their licensed areas through roaming pacts.
The Delhi HC has asked the department of telecommunications (DoT) to not take any coercive action until the next hearing of the case. This effectively means that Bharti Airtel can continue to offer 3G services in the seven circles-Maharashtra, Madhya Pradesh, Kolkata, Uttar Pradesh East, Gujarat, Kerala and Haryana- where it does not have 3G spectrum, but offers 3G services through roaming pacts. The date for next hearing has not been decided.
However, the court has asked Bharti Airtel to respond to the show cause notice issued to them by DoT within 60 days.
Country’s largest telecom operator Bharti Airtel on Monday had filed a petition in the Delhi High Court challenging an advisory by DoT which asked the operator to stop intra-circle 3G roaming services within three days.
In its plea, Bharti Airtel had sought quashing of the government’s September 28, 2012 decision directing the service provider to stop providing intra-circle roaming (ICR) services and alleged that the decision is contrary to the interim orders passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
When contacted Bharti Airtel spokesperson declined to comment as the matter is sub judice.
However, industry association representing GSM players, COAI welcomed the High Court’s decision. According to COAI (Cellular operators Association of India) Director-General Rajan Mathews “This (stay on DoT notice) is a good move. Intra circle roaming is for consumers as it increases competition and reduces tariff, it is good for the government as well as through intra circle roaming as it leads to maximum utilization of spectrum.” On September 28, DoT had issued a notice to Bharti Airtel, asking the telecom operators to stop providing third-generation (3G) mobile services through roaming pacts outside its licensed circles.
DoT had also indicated that similar notices would be sent to Vodafone and Idea Cellular.
Though, both Vodafone and Idea are yet to receive notices from the DoT, the Delhi HC stay order augurs well for them.
In the auction of 3G airwaves in a 2010, no single company managed to get spectrum in all of the country’s 22 zones. Bharti Airtel, Vodafone and Idea had entered into mutual agreements to offer 3G services in circles where they could not bag 3G spectrum. Bharti Airtel, Vodafone, Idea Cellular, are currently, offering 3G roaming services through such intracircle roaming pacts.
Airtel has 3G spectrum in 13 circles but offers 3G services in 20 circles. Idea Cellular has 3G spectrum in 11 circles but offers 3G services in 19 circles. While Vodafone has spectrum in only nine circles, it offers 3G services to its customers in 20 circles. The number of circles where 3G spectrum was auctioned is 22.
Over one fifth of the 30 million 3G customers across the country would be affected if the three operators suspend the intra circle roaming pact.
DoT had ruled such pacts illegal in December 2011 and asked the operators to stop offering 3G services beyond their licensed circles through roaming agreements. The operators had filed a petition challenging DoT’s verdict in the Telecom Disputes Settlement & Appellate Tribunal (TDSAT). Tata Teleservices and Aircel was also party in the petition filed by the telcos.
A two-member bench of TDSAT in July gave a spilt verdict on the matter. While member P K Rastogi said the operators could not provide roaming services, as they were not allowed to provide 3G services with 2G licences, Chairman Justice S B Sinha ordered DoT to start the procedure afresh, as the department had not followed proper procedure and the operators were not given enough time to present their views.
Following the spilt verdict, the operators were maintaining “status-quo” and continuing with their 3G roaming pacts.
Though the operators paid higher prices for bagging 3G airwaves, but the uptake of the service remained, slow among the subscribers partly due to the high cost of such services.
Shares of Bharti Airtel closed at Rs 265.65, up by 0.15 per cent at the Bombay Stock Exchange.
High Court seeks details ofposts for JPNAIIMS
http://timesofindia.indiatimes.com/city/patna/High-Court-seeks-details-ofposts-for-JPNAIIMS/articleshow/16661827.cmsTNN | Oct 4, 2012, 02.35AM IST
PATNA: Patna high court on Wednesday directed the central government to submit details of the posts of doctors, teachers and paramedical staff for the Jaya Prakash Narain All India Institute of Medical Sciences (JPNAIIMS). The Centre also has to give the particulars of the doctors already appointed for the JPNAIIMS.
A division bench comprising Justice P C Verma and Justice A K Trivedi also directed the Centre to give particulars of the outpatient departments (OPDs) to be opened at the JPNAIIMS. The order was passed on a PIL of Council for Protection of Public Rights and Welfare.
Unhappy with the submission made by the counsel of the contractor firm, M/s B L Kashyap and Company that the construction of the JPNAIIMS hospital would be completed by May next year, the division bench directed the contractor to give undertaking that it would complete the hospital building by December 31, 2012, and hand over the building to JPNAIIMS functionaries to make the hospital functional from that day.
The contractor claimed that 90% of the hospital building had been constructed. The court, however, directed the advocates’ committee comprising the standing counsel Shashi Bhusan Kumar, petitioner’s counsel Brajesh Kumar and central government counsel Vinay Kumar Pandey, to inspect the site and submit the progress report.
The court directed the principal secretary, state building construction department, Bihar to start construction of the boundary wall of Guru Gobind Singh Hospital, Patna City. Standing counsel Shashi Bhushan Kumar submitted that the government had released Rs 1.87 crore for construction of its boundary wall.
The court directed the Bihar State Electricity Board (BSEB) to ensure uninterrupted power supply to Guru Gobind Singh Hospital. The court also directed the principal secretary, road construction department, and SSP, Patna, to take appropriate action for smooth flow of traffic on the road leading to the hospital.
PIL for doctors’ appointment: A division bench comprising Justice T Meena Kumari and Justice Chakradhari Sharan Singh recently directed the state government to file counter affidavit to a PIL giving details of the number of vacant posts of doctors in government hospitals right from the medical colleges and hospitals down to the additional primary health centres (APHCs). The court also directed the government to give details of availability of medicines in the government hospitals down to APHCs.
The court gave eight weeks time to the government to give details of the vacant posts of doctors in government hospitals. Petitioner Dhirendra Kumar has made the health department officials and all the district magistrates and civil surgeons of the state respondents seeking from them the details of the number of vacant posts in the medical colleges and hospitals, sadar and subdivisional hospitals, primary health centres (PHCs) and APHCs.
Petitioner’s counsel Sunil Kumar submitted that 60% posts of doctors in the government hospitals, PHCs and APHCs were lying vacant and due to this the existing doctors and paramedical staff were unable to cope with the workload.
11 child labourers rescued in Gumla
http://timesofindia.indiatimes.com/city/ranchi/11-child-labourers-rescued-in-Gumla/articleshow/16663760.cmsTNN | Oct 4, 2012, 07.01AM IST
GUMLA: A team of government officials here rescued as many as 11 child labourers from different places here on Wednesday.
Seven people, who had employed the children in their trade will be prosecuted and a fine of Rs 20,000 will also be slapped on them, said labour superintendent Ramesh Prasad Singh.
All these children hailing from different localities of the township were handed over to the Child Welfsare Committee (CWC), Gumla.
Some of these children showed their willingness to go back to school before district social welfare officer (DSO) Gumla- Girija Shankar Prasad who led the raid team soon after they were recovered.
Prasad took these children to his office where the children asked him, “Sir, will you teach us?”.
“We raided seven places from where 11 children engaged in different menial jobs were recovered. They were working in a hotel, two hand carts and four garages. Now we will hand them over to Child Welfare Committee (CWC).” Prasad said.
These children will be under protection of the CWC Gumla and those who are willing to study will be enrolled under formal schooling, said its chairman Shambhu Singh.
Presently these children will be lodged in a school for hearing and speech impaired here.
After verification from their parents, further action for their rehabilitation will be taken, he added.
Govt proposes national centre to regulate chemical industry
http://www.business-standard.com/india/news/govt-proposes-national-centre-to-regulate-chemical-industry/488428/
Anindita Dey / Mumbai Oct 04, 2012, 00:36 IST
The ministry of chemicals and fertilisers had proposed to set up a national chemical centre to formulate environment and human-friendly policies and contain risks posed by chemicals.
This is aimed at streamlining legislation governing the industry and making entities concerned responsible for their acts. The industry, at present, is governed by multiple legislations under several ministries — the Environment Protection Act, 1986; Factories Act, 1948; Motor Vehicles Act, 1988; Explosives Act, 1884; Disaster Management Act, 2005; CWC Act, 2000 and Land Acquisition Act, 1894.
“What we need is a REACH (registration, evaluation, authorisation and restriction of chemicals) legislation enacted in the European Union for protecting human health and environment. The Sustainable Policy and Chemical Act could replace 40 different environment-related legislations. Besides, there are no specific legislations for registration, ban and classification of substances,” said an official source.
For this, the proposed centre would provide necessary regulatory framework, trade practices, duty structure and maintain an inventory of the chemical sector containing data on production, consumption, imports, exports and toxicological properties.
It also envisages setting up of the Chemical Standard Development Organisation under its jurisdiction to facilitate the industry to comply with international standards. The objective of these changes are primarily to increase exports and position India as the research and development hub for the sub-continent.
Exports have been affected by different guidelines across countries, specifically in Europe. Though chemical exports (drug and pharma, dye/intermediates/inorganic/organic and cosmetic/toiletries) grew by 34 per cent year over the year, much of the increase in CY12 has been due to rupee depreciation rather than actual volume because quantity-wise there has been only marginal increase in exports across categories. Also, there is need to diversify into speciality chemicals rather than focus on organic chemicals to exploit export opportunities.
For this, consolidation is necessary.
The government proposes to provide financial assistance for chemical companies for consolidation of smaller capacities and establish clusters by shifting downstream capacities closer to mother plants .
CCI set to get search and seizure powers
http://timesofindia.indiatimes.com/business/india-business/CCI-set-to-get-search-and-seizure-powers/articleshow/16663755.cmsSurojit Gupta, TNN | Oct 4, 2012, 07.00AM IST
NEW DELHI: The government is set to give search and seizure powers to the Competition Commission of India (CCI) to help it investigate companies indulging in unfair trade practices.
Sources said it is one of the most significant elements in the amendments being proposed to the Competition Act, 2007 that would be discussed by the Union Cabinet on Thursday. The move will help the director general (investigation), who is attached to the CCI, to get information from companies that are not cooperating.
A probe by the DG is at the heart of most orders passed by CCI as it helps establish if a firm or an industry is indulging in unfair practices. Often, in the absence of data from companies investigation is hampered, officials said. As a result, the DG is now being given powers under the Code of Criminal Procedure with the safeguard that search and seizure can be done after getting a nod from the CCI chairman.
If the move on search and seizure is aimed at improving the quality of investigation by the fairplay watchdog, the government is also looking to provide protection to intellectual property systems of companies and other entities that deal with CCI.
In addition, in a move to help hasten mergers and acquisitions, the government is proposing in that a proposal would be deemed to be approved within 180 days, instead of 210 days prescribed at present. Currently, all M&As over a specified value have to be approved by CCI to check against creation of mega enterprises that dictate market terms. In fact, the law empowers CCI to seek an investigation to find out if a proposed combination is against the interests of consumers or not.
Similarly, companies can now hope to get an extension of 180 days, instead of 90 days, provided in the law at present as there is a proposal to amend the law to give more time if an extension is sought. Although the Competition Act has been in place since 2007, CCI decided to use the powers to clear M&As only last year. The law also empowers the regulator to ask companies to divide their business into multiple units in case it is felt that the entity has assumed a dominant position in the market.
Rent act a damp squib, doesn’t cover existing tenancies
http://www.indianexpress.com/news/rent-act-a-damp-squib-doesn-t-cover-existing-tenancies/1011668/0Chitleen K Sethi : Chandigarh, Thu Oct 04 2012, 01:58 hrs
Seventeen years after it was passed by the Assembly, the Punjab Rent Control Act-1995, which is now going to be finally implemented, brings no cheer to those looking forward to it the most. The Act is going to be implemented prospectively — from the date of notification — and will protect the interests of only those landlords and tenants who sign rent agreements and deeds after the date of notification.
Thousands of landlords and tenants who are embroiled in protracted litigation for decades over the payment of ludicrously low rents in old city markets will not get any relief under this Act. Sources said the move comes in wake of immense pressure on the SAD leadership by the BJP, which has a major vote bank among shopkeepers in towns.
Though the cabinet on Tuesday had adopted the 1995 Act per se, which extends to existing tenancies, it has been decided that the Act be amended the day it is notified to state that it will not be applicable to existing tenancies. The amendment will then be passed as an ordinance and only then will the Act be implemented.
Parts of Section 3, 6, 7 and 9, which allowed existing landlords to demand a certain minimum revised rent from the tenant will removed from the 1995 Act. Existing landlords cannot move the rent authority, which will be constituted under the Act for relief in older cases. They would continue to be governed by the Eastern Punjab Rent Restriction Act-1949.
While this renders the Act useless for those landlords who are already stuck with low rents, it is expected to make the tenancy laws stricter for the future. The new Act provides for a compulsory registration of the tenancy agreement between the landlord and the tenant.
Also, the implementation of the Act will help the state get its share of JNNURM funds. Existence of rent control laws is one of the several reforms to be carried out by the states to be eligible for JNNURM funds.
Since the Act is going to be implemented from the day it is notified, the cabinet has also done away with the limit of Rs 2,000, which had earlier been set as the cut-off rent amount for the implementation of the Act. The 1995 Act had laid down this limit as Rs 1,500 to Rs 3,000 depending on the area where the property is located. However, the Act will be amended to exclude any such limit.
The Punjab Rent Control Bill was passed by the Assembly in April 1995 and got the President’s assent in 1998. However, the Act was never notified.
The Act arms the landlord with legal teeth to evict tenants. The strong tenant lobby, however, has been opposing Act for years on the grounds that it will lead to an increase in rents. The BJP has been airing the cause of the tenants and objecting to the notification of the Act.
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LEGAL NEWS 06.06.2012
Posted on June 6, 2012 by advocatekamal | Edit
List of 20 victims handed over to Home Minister
http://www.thefinancialexpress-bd.com/more.php?news_id=132027&date=2012-06-06
Chairman of National Human Rights Commission (NHRC) Dr Mizanur Rahman on Tuesday handed over to the Home Minister Sahara Khatun a list of 20 people who had fallen victims to either ‘enforced disappearances or secret killings,’ reports UNB.
During a brief meeting with Home Minister at her ministry, the NHRC chief also wanted to know whether there is any step to trace those who have gone missing.
Talking to journalists after the meeting, Mizan voiced his grave concern over some recent incidents, including the disappearance of BNP leader Ilias Ali, journalists Sagar, Runi murder, worker Aminul Islam killing and torture on journalists by the police.
Dr Mizan requested the Home Minister to inform the NHRC of the steps taken by the government about those incidents. “The minister informed me about the progress in the investigation into those incidents and said there will be positive results.”
Replying to a question, the NHRC chairman said a section of overenthusiastic police officers violate human rights while performing their duties.
Dr Mizan urged the Home Minister to promote police officers on the basis of recommendations from the NHRC to be sure whether the police officials were involved in any act of human rights violation.
The minister agreed in principle with the NHRC chairman on the proposal.
All the NHRC members were present during the meeting with the Home Minister.
TNN | Jun 6, 2012, 05.19AM IST
CHANDIGARH: In the kidnapping and murder case of Khushpreet Singh, 5, Chandigarh administration had handed over a cheque of Rs 3 lakh as compensation money to the kin of the deceased in April 2012, but they still have not got the cheque encashed in protest.
The father of deceased child, Lakhwinder Singh, said, “We refuse to encash the compensation cheque as seeking money was never our motive. We want strict punishment for the cops responsible for the death of my child.”
Meanwhile, the National Human Rights Commission (NHRC), Delhi, issued detailed orders in this regard on Tuesday. Counsel for the victim family, Arvind Thakur, said the NHRC has also instructed the Chandigarh administration to take strict action against the guilty cops and issued orders in this regard on Tuesday.
NDTV Correspondent | Updated: June 06, 2012 18:16 IST
New Delhi: The morning began with two toilets occupying national mindspace. A Right to Information application revealed that the Planning Commission has spent 35 lakhs on renovating two toilets at its offices in Delhi. Five lakhs had been invested on installing a system that would limit entry to the toilets to electronic card holders.
Online and elsewhere, there was fierce criticism of what was seen as lavish expenditure by a body that designs India’s economic blueprint – its five year plans – and which had controversially said that Indians who spend more than Rs. 32 a day in cities are above the poverty line. “The Planning Commission’s toilets should be protected as the eighth wonder of the world,” said the BJP’s Mukhtar Abbas Naqvi.
The Planning Commission used a detailed statement to clear the air. A press release said that the money had been spent on two toilet blocks that could accommodate 20 users at a time, and that they include facilities for differently-abled users, which can be expensive.
The Commission also said that the smart card system had been introduced to avoid “pilferage” of sanitation equipment and that it had been discontinued because it was not practical. The toilets were for public use, it emphasized, while pointing out that the upgrade followed many complaints made by ministers and foreign dignitaries who had visited the building.
“The plan to renovate the toilets was in the budget and we thought the public toilets is used by everyone and it’s not one or two it’s an entire block which is being renovated. these toilets were 50 years old and the pipelines was very old and it was leaking which could cause health issues as well. That’s why the entire toilet block is being renovated here,” said Montek Singh Ahluwalia, Deputy Chairman of the Planning Commission.
Though the explanation presented the rationale for the expenditure, stressing that it had been accounted for in the Commission’s annual budget, critics remained unconvinced.
“There is almost everything that is wrong with what was done and with the justification for it. The Planning Commission represents planning for whom, the poor of the country. And there has been a dispute with their figures because there has been a perception with everyone that within the planning commission they have one standard for the poor and another for the rich,” said Nikhil Dey, an activist.
Express news service : Chandigarh, Wed Jun 06 2012, 02:36 hrs
The UT Administration has submitted a compliance report to the National Human Rights Commission (NHRC) along with the proof of payment of Rs 3 lakh compensation which was paid to the family of Khushpreet. The administration made the payment to Lakhbir Singh, the father of Khushpreet, on April 4.
Five-year-old Khushpreet Singh, son of a dairy owner, was kidnapped and subsequently murdered by his neighbour on December 21, 2010 near his house in Burail. His body was recovered from Mohali. Khushpreet was not released despite his family paying Rs 4 lakh in ransom. The police had arrested Sukhdev Singh, Gurvinder Singh and Nand Kishore in connection with the case.
Tribunal rejects IL&FS’ plea to allow work on Cuddalore plant
http://ibnlive.in.com/generalnewsfeed/news/tribunal-rejects-ilfs-plea-to-allow-work-on-cuddalore-plant/1007813.html
PTI | 04:06 PM,Jun 05,2012
New Delhi, Jun 5 (PTI) The National Green Tribunal has refused to stay its order suspending the environment clearance granted to IL&FS Tamil Nadu Power Company Ltd for its 3,600 MW thermal power plant in the state’s Cuddalore district. The Tribunal rejected IL&FS’ fresh plea for keeping its May 23 order for suspension of the environment clearance (EC) in abeyance and to allow it to carry out construction works for the project. The tribunal had suspended the May 31, 2010 EC on May 23, this year and had directed the Ministry of Environment and Forests (MoEF) to review its decision based on a cumulative impact assessment study and stipulate additional environmental conditions, if required. Infrastructure Leasing & Financial Services Ltd (IL&FS) had sought a stay on the Tribunal’s May 23 order contending that preparatory civil works like construction of storm water drainage and levelling of the site must be completed before the onset of monsoon in mid September 2012. The tribunal rejected its plea saying a rapid cumulative impact assessment study can be completed before the onset of monsoon and “civil works referred to by IL&FS may not take very long to complete if planned and executed properly”. “In view of the importance of cumulative impact study in decision making, in the case on hand and the logistic reasons with regard to completing the civil works, we see no reason to provide relief as sought in the application,” a bench headed by Tribunal Acting Chairperson Justice A S Naidu said.
Allahabad ‘kripa’ on Nirmal Baba: HC stays arrest
http://daily.bhaskar.com/article/NAT-TOP-allahabad-kripa-on-nirmal-baba-hc-stays-arrest-3370892.html
Source: Dailybhaskar.com | Last Updated 11:52(05/06/12)
New Delhi: In a much-needed relief for the self-proclaimed godman, the Lucknow bench of Allahabad High Court stayed Nirmal Baba’s arrest.
According to reports, Nirmaljeet Singh Narula aka Nirmal Baba got relief after the court put a stay on his arrest until chargesheet is filed.
Nirmal Baba had filed a writ petition seeking quashing of FIR against him and staying his arrest. The Chief Judicial Magistrate (CJM’s) had ordered filing of an FIR against Nirmal Baba on charges of fraud.
The CJM order came on a petition filed by two students Tanya Thakur (16) and her brother Aditya (13) in Lucknow. In his petition, Baba has said that he is among renowned religious persons and denied all allegations against him. He has described CJM’s order as ‘legally incorrect’.
TNN | Jun 6, 2012, 01.40AM IST
NEW DELHI: Three years after the alleged fake encounter case of MBA student Ranbir Singh in Dehradun, 11 of the 18 Uttarakhand police personnel accused in the case surrendered before a trial court on Tuesday.
The policemen, who surrendered before Special CBI judge V K Maheshwari after non-bailable warrants were issued against them this May, have been sent to judicial custody.
The cops who surrendered include Satbir Singh, Sunil Saini, Chander Pal, Saurabh Nautiyal, Nagendra Nath, Vikas Chandra Baluni, Sanjay Rawat, Mohan Singh Rana, Inder Bhan Singh and Manoj Kumar – all constables during the incident – and head operator at the city control room Jaspal Singh Gosain.
The constables were chargesheeted by CBI in connection with the encounter case that rocked the hill state in July 2009. The other accused are lodged in Tihar Jail. They include then inspector Santosh Jaiswal, sub-inspectors Gopal Dutt Bhatt, Rajesh Bisht, Neeraj Kumar, Nitin Chauhan and Chandra Mohan and constable Ajeet Singh.
While fixing July 4 as the next date of hearing, the court allowed the plea of these 11 accused that they be kept together in jail as they are police personnel and apprehend fear from other inmates.
The court asked CBI to file its reply on the regular bail pleas of the 11 accused by July 14, the next date of hearing. The court will hear the arguments on bail on July 4, the next date of hearing.
The accused policemen had earlier moved the Delhi high court for bail but their plea was dismissed. The Supreme Court also upheld the high court’s decision on May 29. The CBI judge noted that the Supreme Court had observed that the trial court should conclude the trial expeditiously, preferably within six months.
The court said CBI must examine Ram Kumar, one of the two persons who were seen with the victim on the day he was killed. Kumar has been partly examined by CBI.
Singh, an 22-year-old MBA student from Ghaziabad, was allegedly gunned down by Uttarakhand police after being caught on Mohini Road where he and his companions were allegedly trying to commit some crime on July 3, 2009. The case was transferred to Delhi by the Supreme Court on the plea of Ranbir’s father Ravindra Singh.
Ranbir’s father had alleged that his son had gone to Dehradun in search of a job where he was arrested by the police on July 3, 2009 on pretext of being involved in some robbery.
He had alleged that on the same day, 29 bullets were pumped into his body and the incident was passed off as an encounter.
All the 18 policemen have been charged for various offences such as murder, kidnapping, criminal conspiracy, destruction of evidence and public servant framing incorrect record.
TNN | Jun 6, 2012, 02.33AM IST
BANGALORE: The state government which was once described as the No.1 enemy of forests by the high court during a hearing, on Tuesday put up a “green plea” before a division bench headed by the Chief Justice.
It has sought for setting up of a special task force for reclaiming the 68,000 hectares of reserved forest which is still under occupation/encroachment.
“Today is World Environment Day. We had 1.1 lakh hectares of forest land under encroachment.
“Of this, 42,000 hectares have been reclaimed by evicting 40,000-od families. But to reclaim the remaining 68,000 hectares is a mammoth task. Many of these lands fall under the Western Ghats area in five districts -Shimoga, Chikmagalur, Uttara Kannada, Dakshina Kannada and Kodagu. The occupants also need to be heard before being evicted. We need a special force-type mechanism for this task,” Ravindra G Kolle, government advocate, requested the high court bench.
The court, which was hearing a PIL related to encroachment of forest land in Shimoga district, observed that forming a committee may sometimes delay the process itself.
Subhash K Jha, Mumbai Mirror | Jun 6, 2012, 09.46AM IST
The decks have been cleared for Dibakar Banerjee’s eagerly awaited political thriller Shanghai which hits theatres this Friday. The Censor Board of Film Certification (CBFC) has accorded the film a UA certification, which means it is suitable for under-age viewing under parental guidance, albeit with one major cut.
CBFC CEO Pankaja Thakur refused to dwell on the cut, adding, “Beyond that one scene, we saw nothing objectionable in the content.” And while no one is willing to divulge any details, we hear the censored scene originally had an abusive term addressed to a politician.
Explaining the censor board’s stand on the controversial song Bharat mata ki jai against which a Public Interest Litigation (PIL) has been filed in the Delhi High Court by the Bhagat Singh Kranti Sena, Thakur said, “The matter is subjudice, so I can’t comment on whether the song stays or goes from the film. It was cleared by our Revising Committee when submitted to the board members earlier. As far as the censor board is concerned, the song has been cleared.”
TN to continue 3 per cent reservation for differently abled
http://ibnlive.in.com/generalnewsfeed/news/tn-to-continue-3-per-cent-reservation-for-differently-abled/1008153.html
PTI | 01:06 AM,Jun 06,2012
Chennai, Jun 5 (PTI) The Tamil Nadu government today informed the Madras High Court that it would continue to provide three per cent reservation for the differently abled in the posts of nutritious noon meal organisers. While appointing the organisers, three per cent reservation would be provided for partially deaf persons and those with lesser degree of locomotor disability, Advocate General A Navaneethakrishnan said. The Advocate General informed this to a bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam when a PIL seeking three per cent reservation as per the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act came up for hearing. However, the posts of cook and assistants had been exempted from the specified reservation as the differently abled would have to handle large cooking vessels and also be entrusted with the task of feeding children, the Advocate General said. copy of the May 25 government order issued by state Principal Secretary for Social Welfare and Nutritious Meal Programme was produced before the bench. The PIL sought quashing of the August 18, 2010 government order and issuance of a fresh order by incorporating the statutory three per cent reservation for the differently abled while filling up 28,500 posts under the Noon Meal Programme and in the Integrated Child Development Services Scheme. Disposing of the petition, the bench observed that it was fully satisfied with the reservation provided for the persons concerned.
TNN | Jun 6, 2012, 02.35AM IST
BANGALORE: A high court division bench headed by Chief Justice Vikramajit Sen on Tuesday adjourned by a month hearing on a PIL seeking ban on the Made Snana ritual at the Subramanya shrine in Dakshina Kannada district. The court will await the state government’s decision as the chief minister had promised to discontinue the practice. The government advocate informed the court that though the CM had made the statement, no formal order has been passed yet.
The petitioners have described the practice as pernicious and against the spirit enunciated in the Constitution which speaks about imbibing the scientific spirit. Made Snana is a ritual in which people roll on plantain leaves off which Brahmins have had a meal.
Five officers get bail in firemen death case
http://ibnlive.in.com/generalnewsfeed/news/five-officers-get-bail-in-firemen-death-case/1008001.html
PTI | 08:06 PM,Jun 05,2012
Thane, Jun 5 (PTI) Five officials of Thane Municipal Fire Services including the chief fire officer who were booked following the death of six firemen in the infamous ‘Punarvasu’ building fire have been granted bail by a court here. All the five, who were given anticipatory bail were booked for culpable homicide not amounting to murder. Thane Assistant Sessions Judge, N B Dhaitadak, ordered that in event of their arrest by Vartak Nagar police with whom the offence under Section 304 RW 34 of the IPC is registered, they be released on each one of them executing a bond for Rs 15,000 and furnishing surety in like amount. The applicants were: Munir Shaikh Usman Mulla, station in-charge of Mumbra Fire station, Pundalik Ladku Patil, sub-Fire Officer, Samadhan Vitthal Devre, sub station officer, Arvind Prabhakar Mandke, Chief Fire Officer and Girish Murlidhar Zhalke, sub-station Officer. On the ill-fated day October 18, 2009 and when they received a call following a fire in Punarvasu Building, they went to the site at about 4.30 am, the court was told. They further said in their application that firemen G C Singh, A S Thanekar, K G Patil, S R Jamadar, T G Kale and S K Shinde rushed into the lift in presence of the officers of Vartak Nagar police station to douse the fire on 14th floor of the Society. But the lift stopped and the firemen died due to suffocation. Kavita R Sangrulkar, a social worker and trustee of Abhay Abhiyan Trust made an application in the court in 2010 in which they stated that the firemen died due to carelessness and negligence of the applicant. Based on the directions of the court, police carried out investigations and filed offences under sections 304 rw 34 of the IPC against the applicants following which they approached the court for anticipatory bail. In their application, the officers said they were innocent and have been falsely implicated in the case. On perusing the FIR as it the ingredients offence u/sec 304 rw 34 of IPC are not attracted, at the most the provisions of section 304 (a) will be applicable. Therefore, there is no hindrance in releasing the applicants/accused on anticipatory bail. The documents on record shows that the heirs of the victims are already compensated by the various institutions including the government, the court said. The judge further noted the investigation is practically completed and nothing incriminating is to be recovered or discovered at the instance of the present applicants/accused. Therefore the physical custody of the present applicants is not required for the interrogation.
Dhananjay Mahapatra, TNN | Jun 6, 2012, 04.16AM IST
NEW DELHI: The Supreme Court on Tuesday sought Medical Council of India’s response within two days to a proposal from Directorate General of Health Services (DGHS) for maiden online counseling for allotment of over 2,000 MBBS and BDS seats in medical colleges from this academic session.
A bench of Justices KS Radhakrishnan and JS Khehar sought medical education regulator MCI’s response by Thursday, when it would examine the DGHS proposal for doing away with existing mode of counseling that require candidates to appear in person.
Delhi used to be the main centre from where allotment of 15% all-India quota of MBBS and BDS seats in various medical colleges used to take place, with candidates participating in counseling through video conferencing from other centres like Mumbai, Kolkata and Chennai. In 2011, DGHS conducted counseling for 4,150 candidates for 2,194 seats in MBBS and BDS courses.
Till now, the candidates used to take long journeys up to six times from their home towns to the metros within a short period of time to attend counseling sessions. “The expenditure for candidates during online counseling will be almost nil and much less for the government. The online counseling process will be faceless yet fully transparent and fair,” the DGHS promised.
The proposal for online counseling was recommended by an expert committee headed by Director General of Health Services, which was tasked by ministry of health and family welfare to find out ways and means to address the problem of seats remaining vacant even after two rounds of counseling every year.
In its application before the apex court, the DGHS said: “The committee has recommended that by changing the method of allotment from existing counseling by personal appearance to online counseling and by increasing the number of candidates eligible to take part in counseling both in undergraduate and post-graduate courses may significantly reduce the number of seats that remain unfilled at the end of All India quota counseling.”
The salient features of the proposal for online counseling are:
* All candidates who qualify All India Undergraduate Entrance Examination or five times number of seats available under the all-India quota, whichever is less, will be allowed to take part in online counseling.
* Qualified candidates will give option of course and college online. There will be a total of three rounds of online allotment instead of existing two.
* After the first round, candidates will be given provisional allotment letter online and will be required to report to the allotted medical/dental college within 10 days. The respective colleges would check the documents of eligibility of candidates.
* Candidates, who fail to take admission in 10 days, would forfeit their claim for admission and would not be considered for allotment of seats during subsequent rounds of counseling.
* Candidates who join the course after the first round may give their option for upgrade of h/his choice of course or college to be considered during subsequent rounds of counseling subject to availability of seats.
* Arrangement for online counseling process will be made by the National Informatics Centre, which conducts the online counseling for allotment of seats under All India Engineering Entrance Examination.
dhananjay.mahapatra@timesgroup.com
Anand Haridas
The police registered a fresh case against M.M. Mani, Idukki district secretary of the Communist Party of India (Marxist) [CPI-M], for conspiring to commit a murder.
The police had initiated an inquiry into the statements by the accused that the party had prepared a hit list. The new case pertained to the murder of Ancheri Baby, who was shot dead on November 13, 1982. Though the case was tried then, all suspects were acquitted. During the new inquiry, the second accused in the original case, Mohandas, gave a statement about the role played by Mr. Mani in conspiring to execute the murder, it is learnt.
Following this, the Rajakkad police registered a case under Section 120(b) (murder conspiracy) and section 118 (concealing the design to commit the crime) of the Indian Penal Code against M.M. Mani and K.K. Jayachandran, the then area committee secretary of the party; Lambodaran, M.M. Mani’s brother; and two others.
RAJIB CHATTERJEE : Kolkata, Wed Jun 06 2012, 00:40 hrs
In an unusual move, the police have published a gazette containing tale of two “corrupt officers” and the action taken against them. It also ordered wide publicity of the “nefarious act” of the officers among their colleagues in order to send a clear message that any violation of the government’s policy of “zero tolerance against corruption” would be firmly dealt with.
The order to put the misconduct of the two officers in the police gazette, published in mid-May, had come from DGP Naparajit Mukherjee.
The two “corrupt” officers — Inspector Kishore Ghosh and Assistant Sub-Inspector Prabir Bal — along with two civilians, allegedly tried to “extort money” from one Madan Ghatak of Berhampore, Murshidabad on May 1.
They were arrested and charged under Prevention of Corruption Act and the Indian Penal Code.
Man kills wife for dowry, gets life term
http://www.hindustantimes.com/India-news/NewDelhi/Man-kills-wife-for-dowry-gets-life-term/Article1-866557.aspx
Upasana Mukherjee , Hindustan Times
Calling dowry a “customary extortion”, a Delhi court has sentenced a man to life imprisonment for setting his wife on fire in 2006, three years into their marriage.
Taking a strict view of the crime, additional sessions judge Anju Bajaj Chandna said, “Taking one’s life for dowry
is so heinous and grave that leniency has no place to stand with it.” The court also imposed a fine of Rs. 20,000 on Anand Sharma, the victim’s husband.
The incident occurred on August 3, 2006, when the victim sustained burns all over her body after being doused with kerosene oil while she was asleep and set on fire. The victim in her dying declaration to the police named her husband and in-laws for setting her on fire. She categorically mentions being harassed and beaten up by her in-laws for not bringing enough cash and gifts from her maternal home as dowry.
Advocate Kush Sharma, appearing on behalf of the victim’s parents, said the dying declaration of the victim is categorical about the incident and it can be the sole basis of the conviction of the accused persons.
The court also pronounced the mother-in-law of the victim guilty of the offence of dowry death and sentenced her to 10 years in prison, together with a fine of R15,000, adding that dowry disgraces the sacred institution of marriage.
The prosecution also alleged that the victim was ill treated after she gave birth to a daughter in 2004. “In the present case, a young woman has lost her life and her little daughter is left to live without motherly care,” the Judge said, adding that Anand was responsible for the victim’s safety and security at her matrimonial home.
The duo has been charged with offence of dowry death (Section 304-B) and cruelty by husband and relative of husband (Section 498-A) of the Indian Penal Code.
Court refuses to summon John Abraham, says picture not obscene
http://www.dnaindia.com/entertainment/report_court-refuses-to-summon-john-abraham-says-picture-not-obscene_1698463
Published: Tuesday, Jun 5, 2012, 17:19 IST
Place: New Delhi | Agency: PTI
Published: Tuesday, Jun 5, 2012, 10:27 IST
By DNA Correspondent | Place: Bangalore | Agency: DNA
Last week, the insurance regulator proposed certain norms, which could bring about the much-needed standardisation in the health insurance space. While some of the norms are already in place, there are also several fresh proposals. Here’s a look at the newer ones:
Measure: 30-day deadline for claim settlement
Impact: You can take insurers to task if the claim is not processed within 30 days of submitting the required documents. “While it was part of Irda (Protection of Policyholders’ Interest) Regulations, 2002, it never found a mention in insurance policy documents.
Henceforth, it will have to be included in the policy documents,” explains civic activist Gaurang Damani, who had filed the public interest litigation (PIL) in the Bombay High Court demanding that regulations be framed for the health insurance sector. Irda’s undertaking to devise draft guidelines was a fallout from this case.
Measure: Specific reason required for claim denial
Impact: Since the insurance company has to give the reason for rejecting a claim in writing, it could bring down the instances of claim repudiation on flimsy grounds.
Measure: Insurers to pay hospitals directly
Impact: Payments will become smooth. “In cases where the cheques for claim settlement were issued by the third-party administrators (TPA), payments used to be often delayed. Besides, it was difficult to ascertain whether the TPA had passed on the entire claim amount approved by the insurer to the claimant,” says Damani.
Measure: Contribution clause will not come into play in the case of multiple policies
Impact: Policyholders with two or more indemnity-based policies can make optimum use of their total coverage. Until now, claim made on two policies was split between the two insurers in the ratio of the sum insured. “The policyholder will have the option of choosing the insurer with whom the claim is to be settled,” says Amarnath Ananthanarayanan, CEO, Bharti-AXA General Insurance.
Allegations against Deshmukh, Shinde being probed:CBI tells HC
http://www.hindustantimes.com/India-news/Mumbai/Allegations-against-Deshmukh-Shinde-being-probed-CBI-tells-HC/Article1-866523.aspx
PTI
Mumbai, June 05, 2012The CBI probing the Adarsh housing society scam has informed the Bombay High Court that it is thoroughly investigating the allegations made against Union Ministers Vilasrao Deshmukh and Sushil Kumar Shinde by a social activist based on the report of the Comptroller and Auditor General of India (CAG).
This was stated by the CBI in an affidavit filed by it in the High Court on June 1.
Social activist Pravin Wategaonkar had in April this year filed an affidavit before the High Court based on the CAG report alleging that Deshmukh, former Maharashtra Chief minister, own two proxy flats in the scam tainted Adarsh society in south Mumbai.
Wategaonkar, in his affidavit, had sought that the CBI and Enforcement Directorate (ED) to investigate the role of Deshmukh, Shinde and other politicians and bureaucrats for alleged irregularities committed by them while showing favour to Adarsh Society.
The High Court on April 30 directed the CBI and ED to file their reply affidavits to Wategaonkar’s allegations. The CBI in its affidavit filed on June 1 has said it was investigating the allegations made by Wategaonkar based on the CAG report.
“I say that the reference made by the petitioner (Wategaonkar) about the report of CAG on Adarsh society, which has brought out certain acts of commission and omission on the part of public servants are being thoroughly investigated by CBI”, states the affidavit filed by Ravindra Singh, CBI Superintendent of Police (SP).
“I say that the allegations made by the petitioner against Vilasrao Deshmukh, Sushil Kumar Shinde, Sunil Tatkare (cabinet minister) and others are being thoroughly investigated by CBI”, the affidavit stated.
It further said that the agency has examined all relevant witnesses, including two former chief ministers as part of the probe.
“Whatever evidence has come on record are being ascertained. Investigations are at a crucial stage and efforts are being made to finalise the same at the earliest after which CBI shall file its final report”, the affidavit states.
The High Court had on the last hearing posted the matter on June 18 after CBI informed the Court that it would file its chargesheet in the case by June 15.
“It was noticed in the audit that in most cases decisions that were taken resulted in undue favour to the Society. Many of the officials who were involved in such decisions were direct beneficiaries. Either they or their relatives already were or later became members of the Society”, Wategaonkar said in his affidavit quoting the CAG report.
According to Wategaonkar, Vilasrao has procured two proxy flats in the 31-storeyed plush society as quid pro quo for the clearances given to the Society in his official capacity as Chief Minister and minister-in-charge of the Urban Development department.
The activist had sought the CBI and ED probe these irregularities.
June 6, 2012
A High Court Division Bench comprising acting Chief Justice V. Eswaraiah and Justice Vilas V. Afzulpurkar on Tuesday granted stay on an order issued by a single judge, who had stayed a government order restraining the authorities from registering the plots in Emaar project.
The single judge had directed owners of plots and villas in Emaar project to deposit Rs 15,000 per sq. yd. to the APIIC before their documents are presented for registration. The interim direction was granted on a petition by the plot owners. The state government subsequently filed an appeal.
BIE: No scope for inter re-exam
The BIE on Tuesday told the High Court that there was no provision under to hold re-examination for second-year students who failed to appear on May 16 due to a delay in receiving their hall tickets. A Division Bench was dealing with the appeal, challenging a single-judge Bench’s order to conduct a re-examination. Additional A-G K.G. Krishna Murthy contended that details of the students were uploaded after the due date, and 777 students failed to take the exam. The Board, he argued, did not delay in issuing of hall tickets. Students’ counsels said they paid the fee on time and their colleges remitted it before the due date, but there was a 24-hour delay in uploading their details.
Delhi HC rules, Muslim girl can marry at 15 if she attains puberty
http://www.dnaindia.com/india/report_delhi-hc-rules-muslim-girl-can-marry-at-15-if-she-attains-puberty_1698473
Published: Tuesday, Jun 5, 2012, 17:39 IST
Place: New Delhi | Agency: PTI
RAGHAV OHRI : Chandigarh, Wed Jun 06 2012, 02:58 hrs
Unhappy over a “major” violation, the Chandigarh Administration ordered resumption of a house located in Sector 10 in 1974. The violation was of an “oversized window” on the ground floor of the house. Refusing to relent from its stand, the Administration declined to withdraw the resumption proceedings against the owner, Harkishan Singh, for nearly four decades. Finally, the Punjab and Haryana High Court put an end to the dispute last week.
Terming the resumption orders issued and the consequent dismissal of appeals of the owner by the UT Administration “not justified”, the High Court has expressed shock that the dispute was allowed to linger on for nearly four decades. “We are unable to hold that the building continues to be resumed after the year 1974,” a division bench comprising Justice Hemant Gupta and Justice A N Jindal has ruled.
Consider this: Battling with the Administration to withdraw the resumption proceedings, the allottee Harkishan Singh died on March 9, 2007. When his son applied for transfer of the property on the basis of a will dated March 27, 2001, he (son) was informed that the property “stands resumed”. To his dismay, he was told that the property can be got resumed only from the higher authority in the UT Administration.
Another bout of litigation, this time to get ownership transferred, began in 2007. The son’s demand for transfer of ownership was declined by the UT Administrator’s Advisor on the ground that the petitioner “had slept over the matter for more than 36 years and as such they (petitioner & family) are not entitled to any relief”.
Senior lawyer Puneet Bali, counsel for the petitioner, vehemently contended that the only violation noticed by the building branch and communicated to the Architect of the Administration is about the size of a window on the ground floor.
Bali argued that the allottee had communicated in 1974 that minor changes be ignored or compounded. Aggrieved with the attitude of the Administration, the petitioner moved the High Court seeking quashing of the resumption orders and the order dismissing demand for transfer of ownership passed by the Advisor to the Administrator on December 2, 2010.
Setting aside the orders passed by UT, the High Court ruled “the fact remains that after communication dated March 30, 1974, the allottee has not been informed by the Administration of any continuing violations or that the request for compounding the violations has been rejected. Once the allottee has informed the Administration within the time granted that he has completed the construction as per the revised plan and that the minor changes be either ignored or compounded, the inference that the building stands resumed is not justified. Still further, the only objection was regarding oversized window. It was admitted by the UT Administration that the same is compoundable as per regulations”.
The Administration has been directed to decide the claim of the petitioner for transfer of ownership in accordance with law expeditiously.
HC orders probe into ‘honour killing’
http://www.deccanherald.com/content/254877/hc-orders-probe-honour-killing.html
Bangalore, June 5, 2012, DHNS:
The Karnataka High Court has ordered an inquiry into the death of Bhramarambika, a fourth semester LLB student of Seshadripuram Law College here, after some students of the college wrote to the court seeking a probe into what they see as a case of ‘honour killing’.
In a letter to Justice D V Shylendra Kumar, Bhramarambika’s classmates said the girl student’s death in her home village of Badi Maralur in Gowribidanur taluk in Chickaballapur district was shrouded in mystery.
According to the students, Bhrarambika went to her home town to prepare for her fourth semester examinations. She had appeared for the viva voce on May 10, 2012. The semester examinations were scheduled in June. On the morning of May 20, her classmates received a message stating that she was dead. Shocked, they rushed to her village. But by the time they reached, her body had already been cremated.
Conflicting versions
When the students inquired about the cause of death, the family members reportedly came up with conflicting versions. While some family members claimed she had committed suicide by slitting her throat, another said she had consumed poison. Yet another version was that she suffered a heart attack while seated on chair and had fallen down and died.
The classmates were perplexed when some family members blurted out that severe vomiting and food poisoning led to her death. Deepening the mystery, residents of the village too were in the dark about the cause of the death.
It was then the students decided to write a letter to the High Court. In their letter dated May 28, 2012, the students wrote to Justice Shylendra Kumar, narrating the entire episode, and expressing their suspicion that it was a case of honour killing. The judge forwarded the letter to the Chief Justice.
The division bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna has now directed the State government to look into the matter and report in three weeks.
The court has also appointed an amicus curiae to assist the court and issued notices to State government, the Director General and Inspector General of Police and Superintendent of Police, Chikkaballapur.
Ashish Gaur, TNN | Jun 6, 2012, 03.29AM IST
INDORE: The Indore bench of Madhya Pradesh High Court has directed the ministry of human resources development (HRD) and the Chairman and board of governors of the Indian Institute of Management (IIM) Indore to inquire into allegations of financial irregularities leveled against the director of IIM-I, N Ravichandran.
The court issued the directives after hearing a writ petition that was filed by Dr P.K Singh and six others on May 28, 2012. Justice U.C Maheshwari disposed of the matter saying that the complaints maybe inquired in to and a report be submitted within six months. Advocate Vivek Dalal is representing Singh in the court.
Nearly six months back, eight professors of IIM-I had registered their complaints with the former chairman of IIM-I L N Jhunjhunwala alleging financial irregularities and corruption by the director of the institute.
According to sources, Jhunjhunwala had asked the professors to report to him personally on April 9 but director did not allow them following which former chairman resigned from the post. The complaints were also sent to the Ministry of Human Resource Development (MHRD) but no action was taken.
After receiving cold shoulder response from various quarters on their complaints the faculty members moved court. The faculty members have submitted a 20-page complaint against the director of the institute alleging financial irregularities. A separate petition was filed in the Indore bench of MP High Court against Ravichandran alleging plagiarism in research papers.
A Subramani, TNN | Jun 5, 2012, 05.34PM IST
CHENNAI: The Madras high court has become the first high court in the country to follow the recent Supreme Court order banning the use of black sun control films in cars. A decision to remove the film from the cars of 53 judges of the chartered high court was taken by the court’s vehicle committee headed by Justice D Murugesan, and it has since been approved by the high court.
“We have asked the local Toyota car dealers to send their men to remove the films our Toyota Altis cars on Wednesday,” said an official.
Explaining the rationale behind the move, a senior judicial officer told The Times of India that the judicial officers hearing the cases related to the implementation of the ban did not want to be accused of adopting double standards.
“We do not need any special treatment in the matter. Though it will cause some minor inconvenience to us, we wanted to set an example for other citizens to follow. The apex court’s ban on the sun control films has strong security and safety reasons. We believe our decision will bring moral pressure on others to follow suit and voluntarily remove the dark films,” he said.
Another judicial officer said: “We are already living in a glass house, as we are under constant public attention. Now we will travel in glass cars. At times when you happen to pass through known areas and people, we may feel vulnerable. We may have to be careful about what we read on the move too.”
In its recent judgment, the Supreme Court banned the use of sun control films of all shades and colours in cars. People can now use only tinted glasses that come along with the vehicle. While the visibility cannot be less than 30% on side glasses, it can be up to 50% in front and rear glasses. Though the apex court has said VIPs in specific cases could be exempted from the requirement, it has not defined the term VIP.
Several states, including Delhi and Tamil Nadu, have already started implementing the Supreme Court ruling, which came into effect from May 1.
HC guidelines for police probe in girls’ cases
http://www.e-pao.net/GP.asp?src=4..060612.jun12
Source: The Sangai Express / Press Trust of India
Guwahati, June 05 2012: The Gauhati High Court has issued a set of guidelines for investigation of all cases in which minor or adolescent girls are involved and directed the Assam Director General of Police to ensure scientific investigation of all such cases.
Justice B D Agarwal issued the guidelines while delivering judgement in the case of a 13-year old girl, who was allegedly kidnapped under the garb of elopement.
The judge, who delivered the verdict yesterday, came down heavily on investigating agencies for conducting probe in a casual manner.
The court held that while recording statements of minor girls, judicial magistrates should cause a preliminary enquiry to ascertain the correct age of the victims.
Due to their immaturity, minor and adolescent girls are easy prey and are brain-washed to such an extent that they speak in favour of the accused and suppress their actual age.
He also directed the magistrates to record their statements after giving them sufficient time for reflection to neutralise the emotional bonding with the accused.
Justice Agarwal observed that kidnapping or procuring adolescent girls for marriage or sexual acts not only affects the girls’ health but also shatters their dreams in life.
On the particular case, the judge rejected the bail plea of the accused and directed that the statement of the victim be recorded afresh after keeping her in an Observation Home for at least five days.
The court ordered that as the accused had claimed that they had married before a qazi, administrative action should be taken against the doctors and the qazi for issuing incorrect age certificate and registering the marriage, without proper proof of age.
HC seeks action plan to promote mango sale
http://www.deccanherald.com/content/254847/hc-seeks-action-plan-promote.html
Bangalore, June 5, 2012, DHNS:
The High Court on Tuesday, directed the State government to submit an action plan to promote the sale and procurement of mangoes across State and warned that it would have to summon the chief secretary if the government failed to act.
Hearing a petition filed by the Kolar District Mango Growers and Sellers Association, the Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna asked the government to submit a detailed report on the implementation of the programmes vis-a-vis mango sale and procurement.
During the hearing, the State government submitted that following the High Court directions, it had set up two HOPCOMS stalls, while the Karnataka Agriculture Marketing Board had released Rs 10 lakh to HOPCOMS to procure mangoes.
They also submitted that two persons of the cadre equal to the Additional Director, Agriculture Marketing Board, and Joint Director, the Department of Horticulture, have been appointed personally to oversee the procurement of mangoes.
However, when the petitioner pointed out that there was no action taken by the State government, other than the submissions before the court, the Chief Justice lashed out at the government saying, “We do not want your submissions just on papers. We want what has been submitted (before the court) to be implemented. If there is no action taken, we will be forced to summon the chief secretary.”
S S Naganand, senior counsel and amicus curiae, said many improvements introduced in the recent past in HOPCOMS had been undone because of political interference, and its turnover had reduced drastically in the last two years.
He pointed out that facilities at mango melas were not sufficient as no assistance was given to the growers, which includes space for marketing produce and amenities.
Though the horticulture department states that it has provided cultivators subsidy for cold storage facilities and packing, more needs to be done, he said. No effort is made to produce value-added products like pulp, concentrate, juice, essence flavours and packaging of ripe fruits.
The amicus curiae suggested that the court consider and appoint a monitoring committee chaired by the chief secretary and a representative from the Ministry of Agriculture, Government of India, the Department of Horticulture, the Department of Agriculture Marketing and a representative of the growers. He also sought a time-bound plan of action for short-term and long-term measures to improve the plight of mango growers.
CNN-IBN
New Delhi: The Delhi Court on Wednesday will decide whether or not to summon former Army Chief VK Singh in Lt General Tejinder Singh’s defamation case. The court had earlier noted that it cannot draw any conclusions based on Tejinder’s witnesses.
The Delhi High Court earlier refused to direct the Centre to take back a press release of the Army alleging that Tejinder Singh offered a bribe to the Army chief in connection with a defence deal.
“The Union of India cannot be directed to disown or retract the aforesaid press release,” Justice Mukta Gupta said while disposing off a petition by Tejinder Singh seeking withdrawal of the alleged defamatory press release.
The court also considered the reply of the Ministry of Defence that it had no role in the issuance of March 5 press release as it was given out by the Army Headquarters.
The court, however, said that Tejinder Singh could make a representation before the authorities concerned seeking initiation of disciplinary proceedings against five Army officials including Chief of Army Staff Gen VK Singh.
In the criminal writ petition filed through his counsel Anil K Aggarwal, Tejinder Singh had contended that the press release issued by senior Army officials, including the Army chief, was “defamatory” and had sought its withdrawal.
The Army chief had earlier claimed that a lobbyist, who had “just” retired, offered him a bribe of Rs 14 crore for clearing a file relating to purchase of a tranche of 600 “sub-standard” TATRA trucks and that he had immediately informed Defence Minister AK Antony about it.
With additional information from PTI
TNN | Jun 6, 2012, 04.11AM IST
CHENNAI: Once a death is brought to the notice of authorities by a competent person, then it must be registered and certificate given without going into questions such as cause of death and place of occurrence, the Madras high court said recently.
A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal, passing orders on an appeal filed by the Perungalathur town panchayat, said: “When an information is furnished by the head of the family or the nearest relative or the oldest adult male person in the house within the jurisdiction of the registering authority, the registrar is duty-bound to register it.”
The matter relates to a petition filed by N Vedantam, who said his wife died on May 3, 2010 while travelling from New Delhi to Patna by train. The couple hailed from Perungalathur, a Chennai suburb, and the woman’s body was brought here and cremated.
Later, when Vedantam applied for registration of the death and sought death certificate, the Perungalathur town panchayat officials said they could not issue the certificate as she died beyond their jurisdiction. They asked Vedantam to approach officials in Kanpur, Uttar Pradesh. Vedantam approached the high court and a single judge directed the authorities to issue the certificate. Challenging it, the town panchayat filed an appeal.
Justice Elipe Dharma Rao, writing the judgment for the bench, flayed the panchayat authorities for driving Vedantam from pillar to post, and said there was no justification in the denial of death certificate.
As per the Registration of Births and Deaths Act, 1969, the foremost duty of the registering officer was to register the information, as the rules do not provide for refusal to register the information, said Justice Elipe Dharma Rao.
“When the government is propagating and trying to educate the citizens to register marriages, births and deaths on the one hand, it is not proper on their part to take a contra stand and drive persons from pillar to post for registration of the same,” the order read.
The town panchayat was then directed to register the details without probing into the nature or circumstances of the death.
When the government is propagating and trying to educate the citizens to register marriages, births and deaths on the one hand, it is not proper on their part to take a contra stand and drive persons from pillar to post for registration of the same.
Express news service : Ahmedabad, Wed Jun 06 2012, 03:40 hrs
Lucknow-based lawyer Ashok Pande, who was recently arrested by UP Police on the basis of a non-bailable warrant (NBW) issued by the Gujarat High Court (HC), has deposited Rs 25,000 with the HC registry as fine for moving a frivolous public interest litigation (PIL) seeking removal of Gujarat Governor Kamla Beniwal.
A division bench of HC had issued the NBW against Pande after he did not pay the fine and repeatedly ignored court notices in that regard.
A team of UP Police arrested Pande on June 3 and produced him before Justice Akil Kureshi of the Gujarat HC at the latter’s residence in Ahmedabad on Tuesday.
Additional Public Prosecutor J K Shah said Pande deposited Rs 25,000 with HC registry and gave an undertaking that he would remain present before the Chief Court of HC on June 11. “Following this, the court suspended the NBW and released Pande,” Shah said.
According to Shah, Pande complained that he was arrested on June 3 and was kept in custody by police till his production before the court without obtaining even a transit warrant. “Justice Kureshi has ordered that he may raise his grievances at appropriate time before appropriate forum,” Shah said.
Last year, Pande had moved a PIL stating that the appointment of Kamla Beniwal as Governor of Gujarat was unconstitutional because the President had not obtained consent of Chief Minister Narendra Modi for the same.
Pande, introducing himself as a president of Hindu Personal Law Board, a non-government organisation, had moved the PIL arguing that under the constitutional provisions if a person is not acceptable as Governor to the elected government of a province, he/she should not be posted in that state.
Pande also argued that before appointing a person as Governor in a state, the state government’s acceptance must be obtained.
A division bench of HC comprising the then acting Chief Justice A L Dave and Justice J B Pardiwala had, in October last year, dismissed the PIL while asking if it was a publicity interest litigation or personal interest litigation.
Pande had earlier hit headlines in 2006 when he had announced a Rs 51-crore “reward” to kill late M F Hussain for allegedly making “obscene” paintings of Hindu goddesses.
T Ramavarman, TNN | Jun 6, 2012, 05.25AM IST
KOCHI: Acting governor H R Bharadwaj has cleared the appointment of two new members to the State Information Commission, despite criticisms that they are political nominees. The new members – Vithura Sasi and Kuriyas Kumbalakuzhi – are likely to be sworn in on June 13, according to commission sources.
Sources told TOI here that Bharadwaj, who is also the governor of Karnataka, had informed the commission of his inability to attend the swearing-in ceremony of the new members.
He has asked Chief Information Commissioner (CIC) Siby Mathews to go ahead with the swearing-in in consultation with the new member-designates.
With this the number of members in the State Information Commission (SIC) will go up to six, including the CIC.
Civil society groups in the state had earlier objected to the appointment of new members alleging that the government had not followed any selection process in appointing them and that both of them had political links.
General secretary of Human Rights Defence Forum D B Binu had urged the governor to return the recommendation for appointment of the two politicians as State Information Commissioners.
The selection committee which made the recommendation is headed by chief minister Oommen Chandy while leader of the opposition V S Achuthanandan is a member.
The forum had filed a writ petition before the high court, seeking a fair and reasonable procedure affording opportunity to all qualified and interested persons in the state to apply for the posts of information commissioners.
The case is still pending before the high court.
Interestingly, the previous LDF government had also faced criticisms when it appointed Soni B Thengamom, to the commission – though he had resigned all his Communist Party of India party positions just before the nomination.
Parties can seek info under RTI: CIC
http://www.hindustantimes.com/India-news/NewDelhi/Parties-can-seek-info-under-RTI-CIC/Article1-866561.aspx
Nivedita Khandekar, Hindustan Times
New Delhi, June 06, 2012
Supreme Court (SC) registry can no longer avoid parting with information about petitions filed, saying it does not come under the purview of RTI Act. The Central Information Commission (CIC) has ruled that the parties involved in the case/s can seek information related to their case/s under RTI Act.
When T Jhansi Lakshmi’s special leave petition was not listed for hearing even after more than 75 days, she filed an RTI query with the SC registry.
She sought to know from the Public Information Officer (PIO) the genuine reason as to why her SLP was not listed. However, both the PIO and the Appellate Authority (AA) denied it, stating that the inspection or search of judicial records can be undertaken only by following prescribed rules and orders of the apex court and not under RTI.
When chief information commissioner Satyananda Mishra upheld the right to demand information about a petition under Act, the registry’s PIO and the AA pointed out that she was not a party to the litigation, instead her husband was.
The decision has come as a ray of hope for several RTI applicants filing queries with the SC registry as most of them have faced similar situation.
Published on Tue, Jun 05, 2012 at 17:00 | Source : CNBC-TV18
The Competition Appellate Tribunal (Compat) is considering fast-tracking the hearing into DLF ‘s appeal against the CCI order. The Compat has decided to bring forward the dates of the case to June 27 from July 18.
As one would recall following the retirement of former Compat chairman Justice Arijit Pasayat last month, it was decided that a new bench would re-hear the case led by the newly appointed chairman Justice VS Sirpurkar. This meant that the final Compat order on the much-awaited case would be delayed.
Sources say that the DLF case would now be among the first to be heard when Compat reopens on June 25 after the short summer break.
On 12 August last year, the Competition Commission of India slapped DLF with a penalty of Rs 630 crore for alleged abuse of its dominant position and passed a ‘cease and desist’ order over unfair conditions imposed by DLF on buyers of its flats. Then late August,CCI passed another separate order in which it again cautioned DLF not to misuse its dominant position but did not impose any penalty.
DLF, in turn, challenged the CCI directive on various grounds to Compat, including the jurisdiction of the case, the basis for determining relevant market and dominant position, as well as not being served with show-cause notices before the CCI penalty was announced.
The penalty was imposed following an inquiry based on complaints filed by the flat buyer associations’ of two separate DLF projects in Gurgaon, DLF Park Palace and The Belaire. The associations complained that there were delays in the projects and that DLF had increased the number of floors from what was initially planned, among other things.
Special Correspondent
Following a stay granted by Central Administrative Tribunal
In a quiet move following a stay granted by the Central Administrative Tribunal (CAT), the Congress-led Government in Rajasthan has reinstated former Bharatpur Collector Krishna Kunal who was suspended for his failure to control communal violence at Gopalgarh on September 14 last year. Mr. Kunal had ordered police firing on a mosque in the town in which 10 people were killed.
A Division Bench of the CAT here earlier this week granted an interim stay on Mr. Kunal’s suspension on the technical ground of the suspension orders not being accompanied by the departmental or disciplinary inquiry. The suspended Collector had contended that no probe was contemplated or pending against him.
The State Government issued orders for Mr. Kunal’s reinstatement over the week-end reportedly after Chief Minister Ashok Gehlot reviewed the matter and gave a green signal for withdrawal of suspension. Mr. Kunal has been asked to wait for his new posting orders and register his presence in the Personnel Department as of now.
Ten people praying inside the Jama Masjid at Gopalgarh were killed and 38 injured on September 14, 2011, when the police resorted to indiscriminate firing on the mosque amid tension between Gujjars and Meo Muslims. Some of the policemen allegedly joined the armed Gujjar mob which stormed into the mosque and lynched the worshippers.
The CAT’s directive staying the operation of the September 28, 2011 suspension order and the December 22, 2011 order by which the suspension was extended for 180 days was an interim in nature. The CAT issued notices in the case and posted it for hearing on June 13.
The State Government’s decision to revoke Mr. Kunal’s suspension on the basis of the CAT’s interim stay has led to shock and outrage among the social activists and Muslim groups here. The “hushed manner” in which a legal loophole was left for the benefit of the suspended Collector has especially caused indignation among the informed circles.
Investigation
The Rajasthan Muslim Forum and Rajasthan unit of the Jamiat Ulema-i-Hind have accused Mr. Gehlot of denying justice to the victims of police firing. They said the ruling Congress’ decisions after the firing to hand over investigation to the CBI and suspend the Collector and Superintendent of Police were meant to “deceive the people”.
JUH State general secretary Abdul Wahid Khatri pointed out that the next of kin of those killed in the firing had lodged as many as 12 FIRs against Mr. Kunal and the then SP, Hinglaj Dan, with the charges of murder. Strangely, the CBI has neither taken up any of these FIRs for probe nor arrested any of the policemen who sprayed bullets on the mosque.
Mr. Khatri said the Collector’s reinstatement went against the principle of rule of law.
“The State Government should have sought a legal opinion for an appeal against the CAT’s interim stay or corrected the lapse on [the basis of] which the order was passed. On the contrary, it has used the stay as a ploy to revoke the guilty officer’s suspension.”
Rajasthan Muslim Forum convenor Qari Moinuddin wondered as to what prevented Mr. Gehlot from ordering a departmental inquiry against the accused Collector when he believed that he had ineptly handled the Gopalgarh incident: “From Mr. Gehlot’s conduct, it is clear that he does not want to punish those guilty of carrying out one of the most horrific massacres in Rajasthan.”
The Muslim groups alleged that Mr. Kunal had been reinstated to defeat the spirit of this past week’s order of the Rajasthan High Court instructing the CBI Director to monitor the probe into the Gopalgarh violence and submit the progress report in the court. “The way the ruling Congress is resorting to various tactics to obstruct justice is outrageous. The [State] Government is acting against the constitutional mandate to uphold the rule of law,” said Mr. Moinuddin.
Muslim groups, which have been demanding Mr. Gehlot’s removal ever since the Gopalgarh violence, have sought an appointment with Governor Margaret Alva to draw her attention to the State Government’s conduct and seek action in accordance with the constitutional provisions.
Independent investigations carried out by civil rights groups, including the People’s Union for Civil Liberties, had pointed to “collusion” between the local police, an aggressive section of the Gujjar community and some local RSS, Bajrang Dal and VHP leaders during the violence. The PUCL report stated that some self-styled Hindu leaders had “pressured Mr. Kunal into ordering the firing.”
The cases challenging the authority of the SAC to take suo moto action have been pending in the High Court for over five years, with a large number of lawyers defending petitioners targeted by the Commission.
In one of the petitions – pertaining to minister for co-operatives Manohar Lal Sharma – Justice JP Singh had directed that all cases involving the SAC would be heard by Justice Hasnain Masoodi.
According to sources, with the assistance lawyers, Justice Masoodi has sorted and classified the cases according to their nature, noting that most involved the authority of the SAC to take suo moto action.
Justice Masoodi has decided to take this category of cases up first in an en masse hearing tomorrow.
Observers feel that the High Court ruling would delineate the jurisdiction of the State Accountability Commission to initiate action on its own.
The high-profile names figuring in the cases include former deputy chief minister Mangat Ram Sharma, former health minister Suman Lata Bhagat, her PRO Vikas Bahl, former education minister Peerzada Muhammad Sayeed, cooperatives minister Manohar Lal Sharma, former DIG Satvir Gupta, commissioner secretary Atul Duloo, former minister and MLA Doda Abdul Majeed Wani, former district development commissioner for Rajouri Sheikh Rafiq Ahmad, former commissioner secretary for the animal husbandry department Dr. Deen Muhammad, former vice chairman of the Jammu Development Authority Ashok Parmar, PWD executive engineer Dharamveer Koul, police inspector Jhumroo Singh, and the former secretary of the J and K housing board Farhat Qureshi. Observer News Service
http://www.thefinancialexpress-bd.com/more.php?news_id=132027&date=2012-06-06
Chairman of National Human Rights Commission (NHRC) Dr Mizanur Rahman on Tuesday handed over to the Home Minister Sahara Khatun a list of 20 people who had fallen victims to either ‘enforced disappearances or secret killings,’ reports UNB.
During a brief meeting with Home Minister at her ministry, the NHRC chief also wanted to know whether there is any step to trace those who have gone missing.
Talking to journalists after the meeting, Mizan voiced his grave concern over some recent incidents, including the disappearance of BNP leader Ilias Ali, journalists Sagar, Runi murder, worker Aminul Islam killing and torture on journalists by the police.
Dr Mizan requested the Home Minister to inform the NHRC of the steps taken by the government about those incidents. “The minister informed me about the progress in the investigation into those incidents and said there will be positive results.”
Replying to a question, the NHRC chairman said a section of overenthusiastic police officers violate human rights while performing their duties.
Dr Mizan urged the Home Minister to promote police officers on the basis of recommendations from the NHRC to be sure whether the police officials were involved in any act of human rights violation.
The minister agreed in principle with the NHRC chairman on the proposal.
All the NHRC members were present during the meeting with the Home Minister.
Family refuses to encash cheque even after 2 months
http://timesofindia.indiatimes.com/city/chandigarh/Family-refuses-to-encash-cheque-even-after-2-months/articleshow/13859895.cmsTNN | Jun 6, 2012, 05.19AM IST
CHANDIGARH: In the kidnapping and murder case of Khushpreet Singh, 5, Chandigarh administration had handed over a cheque of Rs 3 lakh as compensation money to the kin of the deceased in April 2012, but they still have not got the cheque encashed in protest.
The father of deceased child, Lakhwinder Singh, said, “We refuse to encash the compensation cheque as seeking money was never our motive. We want strict punishment for the cops responsible for the death of my child.”
Meanwhile, the National Human Rights Commission (NHRC), Delhi, issued detailed orders in this regard on Tuesday. Counsel for the victim family, Arvind Thakur, said the NHRC has also instructed the Chandigarh administration to take strict action against the guilty cops and issued orders in this regard on Tuesday.
35-lakhs for a block of toilets, not two, says Planning Commission
http://www.ndtv.com/article/india/planning-commission-spends-rs-35-lakh-to-renovate-2-toilets-in-delhi-227824NDTV Correspondent | Updated: June 06, 2012 18:16 IST
New Delhi: The morning began with two toilets occupying national mindspace. A Right to Information application revealed that the Planning Commission has spent 35 lakhs on renovating two toilets at its offices in Delhi. Five lakhs had been invested on installing a system that would limit entry to the toilets to electronic card holders.
Online and elsewhere, there was fierce criticism of what was seen as lavish expenditure by a body that designs India’s economic blueprint – its five year plans – and which had controversially said that Indians who spend more than Rs. 32 a day in cities are above the poverty line. “The Planning Commission’s toilets should be protected as the eighth wonder of the world,” said the BJP’s Mukhtar Abbas Naqvi.
The Planning Commission used a detailed statement to clear the air. A press release said that the money had been spent on two toilet blocks that could accommodate 20 users at a time, and that they include facilities for differently-abled users, which can be expensive.
The Commission also said that the smart card system had been introduced to avoid “pilferage” of sanitation equipment and that it had been discontinued because it was not practical. The toilets were for public use, it emphasized, while pointing out that the upgrade followed many complaints made by ministers and foreign dignitaries who had visited the building.
“The plan to renovate the toilets was in the budget and we thought the public toilets is used by everyone and it’s not one or two it’s an entire block which is being renovated. these toilets were 50 years old and the pipelines was very old and it was leaking which could cause health issues as well. That’s why the entire toilet block is being renovated here,” said Montek Singh Ahluwalia, Deputy Chairman of the Planning Commission.
Though the explanation presented the rationale for the expenditure, stressing that it had been accounted for in the Commission’s annual budget, critics remained unconvinced.
“There is almost everything that is wrong with what was done and with the justification for it. The Planning Commission represents planning for whom, the poor of the country. And there has been a dispute with their figures because there has been a perception with everyone that within the planning commission they have one standard for the poor and another for the rich,” said Nikhil Dey, an activist.
Khushpreet case: UT files compliance report to NHRC
http://www.indianexpress.com/news/khushpreet-case-ut-files-compliance-report-to-nhrc/958434/Express news service : Chandigarh, Wed Jun 06 2012, 02:36 hrs
The UT Administration has submitted a compliance report to the National Human Rights Commission (NHRC) along with the proof of payment of Rs 3 lakh compensation which was paid to the family of Khushpreet. The administration made the payment to Lakhbir Singh, the father of Khushpreet, on April 4.
Five-year-old Khushpreet Singh, son of a dairy owner, was kidnapped and subsequently murdered by his neighbour on December 21, 2010 near his house in Burail. His body was recovered from Mohali. Khushpreet was not released despite his family paying Rs 4 lakh in ransom. The police had arrested Sukhdev Singh, Gurvinder Singh and Nand Kishore in connection with the case.
Tribunal rejects IL&FS’ plea to allow work on Cuddalore plant
http://ibnlive.in.com/generalnewsfeed/news/tribunal-rejects-ilfs-plea-to-allow-work-on-cuddalore-plant/1007813.html
PTI | 04:06 PM,Jun 05,2012
New Delhi, Jun 5 (PTI) The National Green Tribunal has refused to stay its order suspending the environment clearance granted to IL&FS Tamil Nadu Power Company Ltd for its 3,600 MW thermal power plant in the state’s Cuddalore district. The Tribunal rejected IL&FS’ fresh plea for keeping its May 23 order for suspension of the environment clearance (EC) in abeyance and to allow it to carry out construction works for the project. The tribunal had suspended the May 31, 2010 EC on May 23, this year and had directed the Ministry of Environment and Forests (MoEF) to review its decision based on a cumulative impact assessment study and stipulate additional environmental conditions, if required. Infrastructure Leasing & Financial Services Ltd (IL&FS) had sought a stay on the Tribunal’s May 23 order contending that preparatory civil works like construction of storm water drainage and levelling of the site must be completed before the onset of monsoon in mid September 2012. The tribunal rejected its plea saying a rapid cumulative impact assessment study can be completed before the onset of monsoon and “civil works referred to by IL&FS may not take very long to complete if planned and executed properly”. “In view of the importance of cumulative impact study in decision making, in the case on hand and the logistic reasons with regard to completing the civil works, we see no reason to provide relief as sought in the application,” a bench headed by Tribunal Acting Chairperson Justice A S Naidu said.
Allahabad ‘kripa’ on Nirmal Baba: HC stays arrest
http://daily.bhaskar.com/article/NAT-TOP-allahabad-kripa-on-nirmal-baba-hc-stays-arrest-3370892.html
Source: Dailybhaskar.com | Last Updated 11:52(05/06/12)
New Delhi: In a much-needed relief for the self-proclaimed godman, the Lucknow bench of Allahabad High Court stayed Nirmal Baba’s arrest.
According to reports, Nirmaljeet Singh Narula aka Nirmal Baba got relief after the court put a stay on his arrest until chargesheet is filed.
Nirmal Baba had filed a writ petition seeking quashing of FIR against him and staying his arrest. The Chief Judicial Magistrate (CJM’s) had ordered filing of an FIR against Nirmal Baba on charges of fraud.
The CJM order came on a petition filed by two students Tanya Thakur (16) and her brother Aditya (13) in Lucknow. In his petition, Baba has said that he is among renowned religious persons and denied all allegations against him. He has described CJM’s order as ‘legally incorrect’.
MBA student’s encounter case: 11 cops surrender
http://timesofindia.indiatimes.com/city/delhi/MBA-students-encounter-case-11-cops-surrender/articleshow/13857937.cmsTNN | Jun 6, 2012, 01.40AM IST
NEW DELHI: Three years after the alleged fake encounter case of MBA student Ranbir Singh in Dehradun, 11 of the 18 Uttarakhand police personnel accused in the case surrendered before a trial court on Tuesday.
The policemen, who surrendered before Special CBI judge V K Maheshwari after non-bailable warrants were issued against them this May, have been sent to judicial custody.
The cops who surrendered include Satbir Singh, Sunil Saini, Chander Pal, Saurabh Nautiyal, Nagendra Nath, Vikas Chandra Baluni, Sanjay Rawat, Mohan Singh Rana, Inder Bhan Singh and Manoj Kumar – all constables during the incident – and head operator at the city control room Jaspal Singh Gosain.
The constables were chargesheeted by CBI in connection with the encounter case that rocked the hill state in July 2009. The other accused are lodged in Tihar Jail. They include then inspector Santosh Jaiswal, sub-inspectors Gopal Dutt Bhatt, Rajesh Bisht, Neeraj Kumar, Nitin Chauhan and Chandra Mohan and constable Ajeet Singh.
While fixing July 4 as the next date of hearing, the court allowed the plea of these 11 accused that they be kept together in jail as they are police personnel and apprehend fear from other inmates.
The court asked CBI to file its reply on the regular bail pleas of the 11 accused by July 14, the next date of hearing. The court will hear the arguments on bail on July 4, the next date of hearing.
The accused policemen had earlier moved the Delhi high court for bail but their plea was dismissed. The Supreme Court also upheld the high court’s decision on May 29. The CBI judge noted that the Supreme Court had observed that the trial court should conclude the trial expeditiously, preferably within six months.
The court said CBI must examine Ram Kumar, one of the two persons who were seen with the victim on the day he was killed. Kumar has been partly examined by CBI.
Singh, an 22-year-old MBA student from Ghaziabad, was allegedly gunned down by Uttarakhand police after being caught on Mohini Road where he and his companions were allegedly trying to commit some crime on July 3, 2009. The case was transferred to Delhi by the Supreme Court on the plea of Ranbir’s father Ravindra Singh.
Ranbir’s father had alleged that his son had gone to Dehradun in search of a job where he was arrested by the police on July 3, 2009 on pretext of being involved in some robbery.
He had alleged that on the same day, 29 bullets were pumped into his body and the incident was passed off as an encounter.
All the 18 policemen have been charged for various offences such as murder, kidnapping, criminal conspiracy, destruction of evidence and public servant framing incorrect record.
Government seeks Special Task Force to reclaim forest
http://timesofindia.indiatimes.com/city/bangalore/Government-seeks-Special-Task-Force-to-reclaim-forest/articleshow/13858465.cmsTNN | Jun 6, 2012, 02.33AM IST
BANGALORE: The state government which was once described as the No.1 enemy of forests by the high court during a hearing, on Tuesday put up a “green plea” before a division bench headed by the Chief Justice.
It has sought for setting up of a special task force for reclaiming the 68,000 hectares of reserved forest which is still under occupation/encroachment.
“Today is World Environment Day. We had 1.1 lakh hectares of forest land under encroachment.
“Of this, 42,000 hectares have been reclaimed by evicting 40,000-od families. But to reclaim the remaining 68,000 hectares is a mammoth task. Many of these lands fall under the Western Ghats area in five districts -Shimoga, Chikmagalur, Uttara Kannada, Dakshina Kannada and Kodagu. The occupants also need to be heard before being evicted. We need a special force-type mechanism for this task,” Ravindra G Kolle, government advocate, requested the high court bench.
The court, which was hearing a PIL related to encroachment of forest land in Shimoga district, observed that forming a committee may sometimes delay the process itself.
Censor says yes to Shanghai song, no to abuses
http://timesofindia.indiatimes.com/entertainment/bollywood/news-interviews/Censor-says-yes-to-Shanghai-song-no-to-abuses/articleshow/13861999.cmsSubhash K Jha, Mumbai Mirror | Jun 6, 2012, 09.46AM IST
The decks have been cleared for Dibakar Banerjee’s eagerly awaited political thriller Shanghai which hits theatres this Friday. The Censor Board of Film Certification (CBFC) has accorded the film a UA certification, which means it is suitable for under-age viewing under parental guidance, albeit with one major cut.
CBFC CEO Pankaja Thakur refused to dwell on the cut, adding, “Beyond that one scene, we saw nothing objectionable in the content.” And while no one is willing to divulge any details, we hear the censored scene originally had an abusive term addressed to a politician.
Explaining the censor board’s stand on the controversial song Bharat mata ki jai against which a Public Interest Litigation (PIL) has been filed in the Delhi High Court by the Bhagat Singh Kranti Sena, Thakur said, “The matter is subjudice, so I can’t comment on whether the song stays or goes from the film. It was cleared by our Revising Committee when submitted to the board members earlier. As far as the censor board is concerned, the song has been cleared.”
TN to continue 3 per cent reservation for differently abled
http://ibnlive.in.com/generalnewsfeed/news/tn-to-continue-3-per-cent-reservation-for-differently-abled/1008153.html
PTI | 01:06 AM,Jun 06,2012
Chennai, Jun 5 (PTI) The Tamil Nadu government today informed the Madras High Court that it would continue to provide three per cent reservation for the differently abled in the posts of nutritious noon meal organisers. While appointing the organisers, three per cent reservation would be provided for partially deaf persons and those with lesser degree of locomotor disability, Advocate General A Navaneethakrishnan said. The Advocate General informed this to a bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam when a PIL seeking three per cent reservation as per the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act came up for hearing. However, the posts of cook and assistants had been exempted from the specified reservation as the differently abled would have to handle large cooking vessels and also be entrusted with the task of feeding children, the Advocate General said. copy of the May 25 government order issued by state Principal Secretary for Social Welfare and Nutritious Meal Programme was produced before the bench. The PIL sought quashing of the August 18, 2010 government order and issuance of a fresh order by incorporating the statutory three per cent reservation for the differently abled while filling up 28,500 posts under the Noon Meal Programme and in the Integrated Child Development Services Scheme. Disposing of the petition, the bench observed that it was fully satisfied with the reservation provided for the persons concerned.
Made Snana ritual case hearing adjourned
http://timesofindia.indiatimes.com/city/bangalore/Made-Snana-ritual-case-hearing-adjourned/articleshow/13858494.cmsTNN | Jun 6, 2012, 02.35AM IST
BANGALORE: A high court division bench headed by Chief Justice Vikramajit Sen on Tuesday adjourned by a month hearing on a PIL seeking ban on the Made Snana ritual at the Subramanya shrine in Dakshina Kannada district. The court will await the state government’s decision as the chief minister had promised to discontinue the practice. The government advocate informed the court that though the CM had made the statement, no formal order has been passed yet.
The petitioners have described the practice as pernicious and against the spirit enunciated in the Constitution which speaks about imbibing the scientific spirit. Made Snana is a ritual in which people roll on plantain leaves off which Brahmins have had a meal.
Five officers get bail in firemen death case
http://ibnlive.in.com/generalnewsfeed/news/five-officers-get-bail-in-firemen-death-case/1008001.html
PTI | 08:06 PM,Jun 05,2012
Thane, Jun 5 (PTI) Five officials of Thane Municipal Fire Services including the chief fire officer who were booked following the death of six firemen in the infamous ‘Punarvasu’ building fire have been granted bail by a court here. All the five, who were given anticipatory bail were booked for culpable homicide not amounting to murder. Thane Assistant Sessions Judge, N B Dhaitadak, ordered that in event of their arrest by Vartak Nagar police with whom the offence under Section 304 RW 34 of the IPC is registered, they be released on each one of them executing a bond for Rs 15,000 and furnishing surety in like amount. The applicants were: Munir Shaikh Usman Mulla, station in-charge of Mumbra Fire station, Pundalik Ladku Patil, sub-Fire Officer, Samadhan Vitthal Devre, sub station officer, Arvind Prabhakar Mandke, Chief Fire Officer and Girish Murlidhar Zhalke, sub-station Officer. On the ill-fated day October 18, 2009 and when they received a call following a fire in Punarvasu Building, they went to the site at about 4.30 am, the court was told. They further said in their application that firemen G C Singh, A S Thanekar, K G Patil, S R Jamadar, T G Kale and S K Shinde rushed into the lift in presence of the officers of Vartak Nagar police station to douse the fire on 14th floor of the Society. But the lift stopped and the firemen died due to suffocation. Kavita R Sangrulkar, a social worker and trustee of Abhay Abhiyan Trust made an application in the court in 2010 in which they stated that the firemen died due to carelessness and negligence of the applicant. Based on the directions of the court, police carried out investigations and filed offences under sections 304 rw 34 of the IPC against the applicants following which they approached the court for anticipatory bail. In their application, the officers said they were innocent and have been falsely implicated in the case. On perusing the FIR as it the ingredients offence u/sec 304 rw 34 of IPC are not attracted, at the most the provisions of section 304 (a) will be applicable. Therefore, there is no hindrance in releasing the applicants/accused on anticipatory bail. The documents on record shows that the heirs of the victims are already compensated by the various institutions including the government, the court said. The judge further noted the investigation is practically completed and nothing incriminating is to be recovered or discovered at the instance of the present applicants/accused. Therefore the physical custody of the present applicants is not required for the interrogation.
Online counselling for MBBS: SC seeks MCI take
http://timesofindia.indiatimes.com/home/education/news/Online-counselling-for-MBBS-SC-seeks-MCI-take/articleshow/13859372.cmsDhananjay Mahapatra, TNN | Jun 6, 2012, 04.16AM IST
NEW DELHI: The Supreme Court on Tuesday sought Medical Council of India’s response within two days to a proposal from Directorate General of Health Services (DGHS) for maiden online counseling for allotment of over 2,000 MBBS and BDS seats in medical colleges from this academic session.
A bench of Justices KS Radhakrishnan and JS Khehar sought medical education regulator MCI’s response by Thursday, when it would examine the DGHS proposal for doing away with existing mode of counseling that require candidates to appear in person.
Delhi used to be the main centre from where allotment of 15% all-India quota of MBBS and BDS seats in various medical colleges used to take place, with candidates participating in counseling through video conferencing from other centres like Mumbai, Kolkata and Chennai. In 2011, DGHS conducted counseling for 4,150 candidates for 2,194 seats in MBBS and BDS courses.
Till now, the candidates used to take long journeys up to six times from their home towns to the metros within a short period of time to attend counseling sessions. “The expenditure for candidates during online counseling will be almost nil and much less for the government. The online counseling process will be faceless yet fully transparent and fair,” the DGHS promised.
The proposal for online counseling was recommended by an expert committee headed by Director General of Health Services, which was tasked by ministry of health and family welfare to find out ways and means to address the problem of seats remaining vacant even after two rounds of counseling every year.
In its application before the apex court, the DGHS said: “The committee has recommended that by changing the method of allotment from existing counseling by personal appearance to online counseling and by increasing the number of candidates eligible to take part in counseling both in undergraduate and post-graduate courses may significantly reduce the number of seats that remain unfilled at the end of All India quota counseling.”
The salient features of the proposal for online counseling are:
* All candidates who qualify All India Undergraduate Entrance Examination or five times number of seats available under the all-India quota, whichever is less, will be allowed to take part in online counseling.
* Qualified candidates will give option of course and college online. There will be a total of three rounds of online allotment instead of existing two.
* After the first round, candidates will be given provisional allotment letter online and will be required to report to the allotted medical/dental college within 10 days. The respective colleges would check the documents of eligibility of candidates.
* Candidates, who fail to take admission in 10 days, would forfeit their claim for admission and would not be considered for allotment of seats during subsequent rounds of counseling.
* Candidates who join the course after the first round may give their option for upgrade of h/his choice of course or college to be considered during subsequent rounds of counseling subject to availability of seats.
* Arrangement for online counseling process will be made by the National Informatics Centre, which conducts the online counseling for allotment of seats under All India Engineering Entrance Examination.
dhananjay.mahapatra@timesgroup.com
Fresh case registered against M.M. Mani
http://www.thehindu.com/news/states/kerala/article3492741.eceAnand Haridas
The police registered a fresh case against M.M. Mani, Idukki district secretary of the Communist Party of India (Marxist) [CPI-M], for conspiring to commit a murder.
The police had initiated an inquiry into the statements by the accused that the party had prepared a hit list. The new case pertained to the murder of Ancheri Baby, who was shot dead on November 13, 1982. Though the case was tried then, all suspects were acquitted. During the new inquiry, the second accused in the original case, Mohandas, gave a statement about the role played by Mr. Mani in conspiring to execute the murder, it is learnt.
Following this, the Rajakkad police registered a case under Section 120(b) (murder conspiracy) and section 118 (concealing the design to commit the crime) of the Indian Penal Code against M.M. Mani and K.K. Jayachandran, the then area committee secretary of the party; Lambodaran, M.M. Mani’s brother; and two others.
Bengal lists ‘corrupt’ cops in gazette
http://www.indianexpress.com/news/bengal-lists-corrupt-cops-in-gazette/958316/RAJIB CHATTERJEE : Kolkata, Wed Jun 06 2012, 00:40 hrs
In an unusual move, the police have published a gazette containing tale of two “corrupt officers” and the action taken against them. It also ordered wide publicity of the “nefarious act” of the officers among their colleagues in order to send a clear message that any violation of the government’s policy of “zero tolerance against corruption” would be firmly dealt with.
The order to put the misconduct of the two officers in the police gazette, published in mid-May, had come from DGP Naparajit Mukherjee.
The two “corrupt” officers — Inspector Kishore Ghosh and Assistant Sub-Inspector Prabir Bal — along with two civilians, allegedly tried to “extort money” from one Madan Ghatak of Berhampore, Murshidabad on May 1.
They were arrested and charged under Prevention of Corruption Act and the Indian Penal Code.
Man kills wife for dowry, gets life term
http://www.hindustantimes.com/India-news/NewDelhi/Man-kills-wife-for-dowry-gets-life-term/Article1-866557.aspx
Upasana Mukherjee , Hindustan Times
Calling dowry a “customary extortion”, a Delhi court has sentenced a man to life imprisonment for setting his wife on fire in 2006, three years into their marriage.
Taking a strict view of the crime, additional sessions judge Anju Bajaj Chandna said, “Taking one’s life for dowry
is so heinous and grave that leniency has no place to stand with it.” The court also imposed a fine of Rs. 20,000 on Anand Sharma, the victim’s husband.
The incident occurred on August 3, 2006, when the victim sustained burns all over her body after being doused with kerosene oil while she was asleep and set on fire. The victim in her dying declaration to the police named her husband and in-laws for setting her on fire. She categorically mentions being harassed and beaten up by her in-laws for not bringing enough cash and gifts from her maternal home as dowry.
Advocate Kush Sharma, appearing on behalf of the victim’s parents, said the dying declaration of the victim is categorical about the incident and it can be the sole basis of the conviction of the accused persons.
The court also pronounced the mother-in-law of the victim guilty of the offence of dowry death and sentenced her to 10 years in prison, together with a fine of R15,000, adding that dowry disgraces the sacred institution of marriage.
The prosecution also alleged that the victim was ill treated after she gave birth to a daughter in 2004. “In the present case, a young woman has lost her life and her little daughter is left to live without motherly care,” the Judge said, adding that Anand was responsible for the victim’s safety and security at her matrimonial home.
The duo has been charged with offence of dowry death (Section 304-B) and cruelty by husband and relative of husband (Section 498-A) of the Indian Penal Code.
Court refuses to summon John Abraham, says picture not obscene
http://www.dnaindia.com/entertainment/report_court-refuses-to-summon-john-abraham-says-picture-not-obscene_1698463
Published: Tuesday, Jun 5, 2012, 17:19 IST
Place: New Delhi | Agency: PTI
| Refusing to hold a nude picture of Bollywood actor John
Abraham, published in a news daily as “obscene,” a Delhi court has
dismissed a plea to summon him and the newspaper’s editor to answer
charges of spreading vulgarity in society.
Additional Sessions Judge (ASJ) Rajneesh Kumar Gupta dismissed
the plea saying that the actor’s alleged photographs were not likely to
“corrupt the mind” of the readers and its purpose was merely to give the
latest news about Bollywood. “After going through the photograph of John Abraham and contents of the news item, I am of the opinion that the alleged picture of John Abraham is not obscene which is likely to deprave and corrupt the mind of its readers and its purpose is only to give information to the news readers as to what is the latest happenings in the Bollywood,” Additional Sessions Judge (ASJ) Rajneesh Kumar Gupta said. The court dismissed the revision petition of Kirti Nagar resident Chander Mohan Dua, who had sought summoning of John Abraham and the editor and publisher of the daily which had published the picture in June 2009. “I do not find sufficient material on record to summon the accused persons. Accordingly, there is no infirmity or illegality in the order passed by the trial court and it is upheld. The revision petition is dismissed,” ASJ Gupta said. Dua had sought prosecution of John Abraham and the daily’s editor and publisher for allegedly violating sections 292 and 294 of the Indian Penal Code (relating to sale, circulation or publication of obscene pictures and indulging in obscene acts), besides various other statutory provisions. Dua had filed the complaint saying that on June 11, 2009, a “vulgar photograph” of Abraham was published in the daily which was viewed by his children and lakhs of people including the young and adolescent ones who may easily be depraved and corrupted by such acts of obscenity and vulgarity. He said he had filed a complaint in this regard in the Moti Nagar police station here but no action was taken on his complaint. Dua had then approached the court but the magistrate had refused to summon Abraham as an accused and had dismissed his plea. |
‘We are sick of illegal parties’
http://www.dnaindia.com/bangalore/report_we-are-sick-of-illegal-parties_1698303Published: Tuesday, Jun 5, 2012, 10:27 IST
By DNA Correspondent | Place: Bangalore | Agency: DNA
| The high court has issued notices to the BBMP regarding a
public interest litigation, which alleges that loud parties are being
held in a community hall in the city without licence, creating a lot of
nuisance for people living around it.
Two people have filed the PIL, alleging that the community hall
in Central Public Works Department (CPWD) quarters premises in
Vijayanagar is hosting parties almost every day without permission. The petitioners contend that non-veg food is served in these parties. Animals are butchered in the wee hours of the day, which creates an unpleasant scene, what with the cries of the animals. Stray dogs keep roaming around the hall for raw meat and the surplus food that is thrown after the parties are over. The PIL says that the area around community hall has become a mess. Residents have to put up with foul smell all the time. The place has become home to rodents and flies. Further, many people who come to the community hall for the parties urinate on the boundary walls, which just adds to the trouble. The situation is so bad that reaching health clinic on the first floor of the community hall has become an arduous task. Further, the petitioners have contended that utensils for the parties are loaded and unloaded early in the morning, which creates a lot of noise and disturbs sleep of the people living near the community hall. The visitors park their vehicles in a haphazard manner, which aggravates the traffic problem posed by the construction work for Namma Metro. The petitioners contended that these parties are not cultural or social functions, but private parties, that too held without permission. They alleged that the BBMP and the deputy health officer are aware of this problem but have not taken any action. The case came up for hearing before the division bench headed by Chief Justice Vikramajit Sen. Taking note of the matter, the high court issued notices to the BBMP, deputy health officer of Govindarajanagar range, and the organisers of the community hall—Griha Kalyana Kendra Samaja Sadana. |
Do new Irda rules on health cover benefit policy holders?
Following the Bombay High Court order in December last year, the Insurance Regulatory and Development Authority (Irda) had promised to release draft guidelines to protect health insurance policy holders’ interest and bring more transparency into the system.Last week, the insurance regulator proposed certain norms, which could bring about the much-needed standardisation in the health insurance space. While some of the norms are already in place, there are also several fresh proposals. Here’s a look at the newer ones:
Measure: 30-day deadline for claim settlement
Impact: You can take insurers to task if the claim is not processed within 30 days of submitting the required documents. “While it was part of Irda (Protection of Policyholders’ Interest) Regulations, 2002, it never found a mention in insurance policy documents.
Henceforth, it will have to be included in the policy documents,” explains civic activist Gaurang Damani, who had filed the public interest litigation (PIL) in the Bombay High Court demanding that regulations be framed for the health insurance sector. Irda’s undertaking to devise draft guidelines was a fallout from this case.
Measure: Specific reason required for claim denial
Impact: Since the insurance company has to give the reason for rejecting a claim in writing, it could bring down the instances of claim repudiation on flimsy grounds.
Measure: Insurers to pay hospitals directly
Impact: Payments will become smooth. “In cases where the cheques for claim settlement were issued by the third-party administrators (TPA), payments used to be often delayed. Besides, it was difficult to ascertain whether the TPA had passed on the entire claim amount approved by the insurer to the claimant,” says Damani.
Measure: Contribution clause will not come into play in the case of multiple policies
Impact: Policyholders with two or more indemnity-based policies can make optimum use of their total coverage. Until now, claim made on two policies was split between the two insurers in the ratio of the sum insured. “The policyholder will have the option of choosing the insurer with whom the claim is to be settled,” says Amarnath Ananthanarayanan, CEO, Bharti-AXA General Insurance.
Allegations against Deshmukh, Shinde being probed:CBI tells HC
http://www.hindustantimes.com/India-news/Mumbai/Allegations-against-Deshmukh-Shinde-being-probed-CBI-tells-HC/Article1-866523.aspx
PTI
Mumbai, June 05, 2012The CBI probing the Adarsh housing society scam has informed the Bombay High Court that it is thoroughly investigating the allegations made against Union Ministers Vilasrao Deshmukh and Sushil Kumar Shinde by a social activist based on the report of the Comptroller and Auditor General of India (CAG).
This was stated by the CBI in an affidavit filed by it in the High Court on June 1.
Social activist Pravin Wategaonkar had in April this year filed an affidavit before the High Court based on the CAG report alleging that Deshmukh, former Maharashtra Chief minister, own two proxy flats in the scam tainted Adarsh society in south Mumbai.
Wategaonkar, in his affidavit, had sought that the CBI and Enforcement Directorate (ED) to investigate the role of Deshmukh, Shinde and other politicians and bureaucrats for alleged irregularities committed by them while showing favour to Adarsh Society.
The High Court on April 30 directed the CBI and ED to file their reply affidavits to Wategaonkar’s allegations. The CBI in its affidavit filed on June 1 has said it was investigating the allegations made by Wategaonkar based on the CAG report.
“I say that the reference made by the petitioner (Wategaonkar) about the report of CAG on Adarsh society, which has brought out certain acts of commission and omission on the part of public servants are being thoroughly investigated by CBI”, states the affidavit filed by Ravindra Singh, CBI Superintendent of Police (SP).
“I say that the allegations made by the petitioner against Vilasrao Deshmukh, Sushil Kumar Shinde, Sunil Tatkare (cabinet minister) and others are being thoroughly investigated by CBI”, the affidavit stated.
It further said that the agency has examined all relevant witnesses, including two former chief ministers as part of the probe.
“Whatever evidence has come on record are being ascertained. Investigations are at a crucial stage and efforts are being made to finalise the same at the earliest after which CBI shall file its final report”, the affidavit states.
The High Court had on the last hearing posted the matter on June 18 after CBI informed the Court that it would file its chargesheet in the case by June 15.
“It was noticed in the audit that in most cases decisions that were taken resulted in undue favour to the Society. Many of the officials who were involved in such decisions were direct beneficiaries. Either they or their relatives already were or later became members of the Society”, Wategaonkar said in his affidavit quoting the CAG report.
According to Wategaonkar, Vilasrao has procured two proxy flats in the 31-storeyed plush society as quid pro quo for the clearances given to the Society in his official capacity as Chief Minister and minister-in-charge of the Urban Development department.
The activist had sought the CBI and ED probe these irregularities.
Emaar: HC okays plot registration
http://www.deccanchronicle.com/node/128938June 6, 2012
A High Court Division Bench comprising acting Chief Justice V. Eswaraiah and Justice Vilas V. Afzulpurkar on Tuesday granted stay on an order issued by a single judge, who had stayed a government order restraining the authorities from registering the plots in Emaar project.
The single judge had directed owners of plots and villas in Emaar project to deposit Rs 15,000 per sq. yd. to the APIIC before their documents are presented for registration. The interim direction was granted on a petition by the plot owners. The state government subsequently filed an appeal.
BIE: No scope for inter re-exam
The BIE on Tuesday told the High Court that there was no provision under to hold re-examination for second-year students who failed to appear on May 16 due to a delay in receiving their hall tickets. A Division Bench was dealing with the appeal, challenging a single-judge Bench’s order to conduct a re-examination. Additional A-G K.G. Krishna Murthy contended that details of the students were uploaded after the due date, and 777 students failed to take the exam. The Board, he argued, did not delay in issuing of hall tickets. Students’ counsels said they paid the fee on time and their colleges remitted it before the due date, but there was a 24-hour delay in uploading their details.
| HC rejects ex-CLB member’s plea for joint trial in graft cases |
| http://www.business-standard.com/generalnews/news/hc-rejects-ex-clb-members-plea-for-joint-trial-in-graft-cases/17246/ Press Trust of India / New Delhi June 05, 2012, 17:45 |
| The Delhi High Court has rejected a plea of R Vasudevan, former
member of Company Law Board (CLB), seeking to club two graft cases
lodged separately against him for allegedly taking bribe of Rs seven
lakh and amassing assets more than his known sources of income.
“I find no infirmity with the order of the learned Special Judge.
Hence, (the petition is) dismissed,” Justice M L Mehta said, adding that
“both the offences for which the petitioner has been charged are
distinct offences and not parts of same transaction…”. Vasudevan, then acting chairperson of CLB, is accused of taking Rs seven lakh bribe from co-accused Manoj Banthia, company secretary of a vernacular news daily, for assuring him a favourable order in 2009 in a case being decided by him. Except Vasudevan and Banthia, four others were also named as accused in the graft case lodged by the CBI which filed the charge sheet in 2010 in the case. However, CBI, which also conducted raids at Vasudevan’s premises in Delhi and Chennai during probe, later lodged another FIR against him for amassing disproportionate assets. The former CLB member, whose plea seeking to club the cases was rejected by the lower court, moved the High Court which upheld the decision saying the offences were “distinct and separate” and their trial cannot be clubbed. Citing a Supreme Court judgement, Justice Mehta said in a disproportionate assets case, the onus to prove the genuineness of income lies with the accused. However, in a bribery case, the duty to prove allegations shifts to the prosecuting agency (CBI) and hence, both FIRs are separate and the trials cannot be clubbed, the court said. (More) |
Delhi HC rules, Muslim girl can marry at 15 if she attains puberty
http://www.dnaindia.com/india/report_delhi-hc-rules-muslim-girl-can-marry-at-15-if-she-attains-puberty_1698473
Published: Tuesday, Jun 5, 2012, 17:39 IST
Place: New Delhi | Agency: PTI
| Ruling that a Muslim girl can marry as per her choice at the
age of 15 years if she has attained puberty, the Delhi High Court has
held the marriage of a minor girl valid and allowed her to stay in her
matrimonial house.
“This Court notes that according to Mohammedan Law a girl can
marry without the consent of her parents once she attains the age of
puberty and she has the right to reside with her husband even if she is
below the age of 18….,” a bench of justices S Ravindra Bhat and S P Garg
said. Citing various Supreme Court judgements on the issue of minor Muslim girls’ marriage, the bench said “In view of the above judgments, it is clear that a Muslim girl who has attained puberty i.e. 15 years can marry and such a marriage would not be a void marriage. However, she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years.” Accepting the 16-year-old girl’s plea to allow her to stay in her matrimonial home, the bench has disposed of a habeas corpus petition filed by the girl’s mother alleging that her daughter was kidnapped by a youth and forced into marriage in April last year. The bench accepted the girl’s statement she had left her parental home of her own will to marry the man of her choice and her husband should not be booked on the charge of kidnapping. Meanwhile, to ascertain the girl’s well being, the court has directed the couple and in-laws to appear before the Child Welfare Committee once in every six months till the girl attains majority. “The Committee shall take necessary steps, including obtaining the necessary undertaking from the man(husband) in this regard. Subject to completion of these steps, the girl be allowed to live in her matrimonial home,” the bench said. The girl has been currently residing in Nirmal Chhaya, a government sponsored home for rehabilitation of poor and elderly women. |
city anchor: HC sets aside 38-yr-old UT resumption order on ‘oversized window’
http://www.indianexpress.com/news/city-anchor-hc-sets-aside-38yrold-ut-resumption-order-on-oversized-window/958454/0RAGHAV OHRI : Chandigarh, Wed Jun 06 2012, 02:58 hrs
Unhappy over a “major” violation, the Chandigarh Administration ordered resumption of a house located in Sector 10 in 1974. The violation was of an “oversized window” on the ground floor of the house. Refusing to relent from its stand, the Administration declined to withdraw the resumption proceedings against the owner, Harkishan Singh, for nearly four decades. Finally, the Punjab and Haryana High Court put an end to the dispute last week.
Terming the resumption orders issued and the consequent dismissal of appeals of the owner by the UT Administration “not justified”, the High Court has expressed shock that the dispute was allowed to linger on for nearly four decades. “We are unable to hold that the building continues to be resumed after the year 1974,” a division bench comprising Justice Hemant Gupta and Justice A N Jindal has ruled.
Consider this: Battling with the Administration to withdraw the resumption proceedings, the allottee Harkishan Singh died on March 9, 2007. When his son applied for transfer of the property on the basis of a will dated March 27, 2001, he (son) was informed that the property “stands resumed”. To his dismay, he was told that the property can be got resumed only from the higher authority in the UT Administration.
Another bout of litigation, this time to get ownership transferred, began in 2007. The son’s demand for transfer of ownership was declined by the UT Administrator’s Advisor on the ground that the petitioner “had slept over the matter for more than 36 years and as such they (petitioner & family) are not entitled to any relief”.
Senior lawyer Puneet Bali, counsel for the petitioner, vehemently contended that the only violation noticed by the building branch and communicated to the Architect of the Administration is about the size of a window on the ground floor.
Bali argued that the allottee had communicated in 1974 that minor changes be ignored or compounded. Aggrieved with the attitude of the Administration, the petitioner moved the High Court seeking quashing of the resumption orders and the order dismissing demand for transfer of ownership passed by the Advisor to the Administrator on December 2, 2010.
Setting aside the orders passed by UT, the High Court ruled “the fact remains that after communication dated March 30, 1974, the allottee has not been informed by the Administration of any continuing violations or that the request for compounding the violations has been rejected. Once the allottee has informed the Administration within the time granted that he has completed the construction as per the revised plan and that the minor changes be either ignored or compounded, the inference that the building stands resumed is not justified. Still further, the only objection was regarding oversized window. It was admitted by the UT Administration that the same is compoundable as per regulations”.
The Administration has been directed to decide the claim of the petitioner for transfer of ownership in accordance with law expeditiously.
HC orders probe into ‘honour killing’
http://www.deccanherald.com/content/254877/hc-orders-probe-honour-killing.html
Bangalore, June 5, 2012, DHNS:
The Karnataka High Court has ordered an inquiry into the death of Bhramarambika, a fourth semester LLB student of Seshadripuram Law College here, after some students of the college wrote to the court seeking a probe into what they see as a case of ‘honour killing’.
In a letter to Justice D V Shylendra Kumar, Bhramarambika’s classmates said the girl student’s death in her home village of Badi Maralur in Gowribidanur taluk in Chickaballapur district was shrouded in mystery.
According to the students, Bhrarambika went to her home town to prepare for her fourth semester examinations. She had appeared for the viva voce on May 10, 2012. The semester examinations were scheduled in June. On the morning of May 20, her classmates received a message stating that she was dead. Shocked, they rushed to her village. But by the time they reached, her body had already been cremated.
Conflicting versions
When the students inquired about the cause of death, the family members reportedly came up with conflicting versions. While some family members claimed she had committed suicide by slitting her throat, another said she had consumed poison. Yet another version was that she suffered a heart attack while seated on chair and had fallen down and died.
The classmates were perplexed when some family members blurted out that severe vomiting and food poisoning led to her death. Deepening the mystery, residents of the village too were in the dark about the cause of the death.
It was then the students decided to write a letter to the High Court. In their letter dated May 28, 2012, the students wrote to Justice Shylendra Kumar, narrating the entire episode, and expressing their suspicion that it was a case of honour killing. The judge forwarded the letter to the Chief Justice.
The division bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna has now directed the State government to look into the matter and report in three weeks.
The court has also appointed an amicus curiae to assist the court and issued notices to State government, the Director General and Inspector General of Police and Superintendent of Police, Chikkaballapur.
HC directs probe in allegations against Indian Institute of Management Indore director
http://timesofindia.indiatimes.com/city/indore/HC-directs-probe-in-allegations-against-Indian-Institute-of-Management-Indore-director/articleshow/13858988.cmsAshish Gaur, TNN | Jun 6, 2012, 03.29AM IST
INDORE: The Indore bench of Madhya Pradesh High Court has directed the ministry of human resources development (HRD) and the Chairman and board of governors of the Indian Institute of Management (IIM) Indore to inquire into allegations of financial irregularities leveled against the director of IIM-I, N Ravichandran.
The court issued the directives after hearing a writ petition that was filed by Dr P.K Singh and six others on May 28, 2012. Justice U.C Maheshwari disposed of the matter saying that the complaints maybe inquired in to and a report be submitted within six months. Advocate Vivek Dalal is representing Singh in the court.
Nearly six months back, eight professors of IIM-I had registered their complaints with the former chairman of IIM-I L N Jhunjhunwala alleging financial irregularities and corruption by the director of the institute.
According to sources, Jhunjhunwala had asked the professors to report to him personally on April 9 but director did not allow them following which former chairman resigned from the post. The complaints were also sent to the Ministry of Human Resource Development (MHRD) but no action was taken.
After receiving cold shoulder response from various quarters on their complaints the faculty members moved court. The faculty members have submitted a 20-page complaint against the director of the institute alleging financial irregularities. A separate petition was filed in the Indore bench of MP High Court against Ravichandran alleging plagiarism in research papers.
Madras HC judges set example, remove sun films from their cars
http://timesofindia.indiatimes.com/city/chennai/Madras-HC-judges-set-example-remove-sun-films-from-their-cars/articleshow/13849855.cmsA Subramani, TNN | Jun 5, 2012, 05.34PM IST
CHENNAI: The Madras high court has become the first high court in the country to follow the recent Supreme Court order banning the use of black sun control films in cars. A decision to remove the film from the cars of 53 judges of the chartered high court was taken by the court’s vehicle committee headed by Justice D Murugesan, and it has since been approved by the high court.
“We have asked the local Toyota car dealers to send their men to remove the films our Toyota Altis cars on Wednesday,” said an official.
Explaining the rationale behind the move, a senior judicial officer told The Times of India that the judicial officers hearing the cases related to the implementation of the ban did not want to be accused of adopting double standards.
“We do not need any special treatment in the matter. Though it will cause some minor inconvenience to us, we wanted to set an example for other citizens to follow. The apex court’s ban on the sun control films has strong security and safety reasons. We believe our decision will bring moral pressure on others to follow suit and voluntarily remove the dark films,” he said.
Another judicial officer said: “We are already living in a glass house, as we are under constant public attention. Now we will travel in glass cars. At times when you happen to pass through known areas and people, we may feel vulnerable. We may have to be careful about what we read on the move too.”
In its recent judgment, the Supreme Court banned the use of sun control films of all shades and colours in cars. People can now use only tinted glasses that come along with the vehicle. While the visibility cannot be less than 30% on side glasses, it can be up to 50% in front and rear glasses. Though the apex court has said VIPs in specific cases could be exempted from the requirement, it has not defined the term VIP.
Several states, including Delhi and Tamil Nadu, have already started implementing the Supreme Court ruling, which came into effect from May 1.
| HC rejects bail plea of developer who duped investors |
| http://www.business-standard.com/generalnews/news/hc-rejects-bail-pleadeveloper-who-duped-investors/17380/ Press Trust of India / New Delhi June 05, 2012, 21:05 |
| The bail plea of a city based developer, arrested for allegedly
duping thousands of investors worth crores of rupees in a township
project, has been rejected by the Delhi High Court.
Dismissing the plea of Sanjay Gambhir, the Director of M/s D D
Infrastructure, for regular bail, Justice M L Mehta noted that the
offences he had been accused of were of “high magnitude of mass public
fraud and cheating” and such offences were on a rise in the city. It also observed that his bona fides were “extremely dishonest and deceitful”. “…The number of complainants/investors rising on every following day and the amount of their investments considerably rising and the fact that all the complainants/investors have been raising hue and cry for having been duped of their hard earned money. “And the prosecutor as also the investigating agency pressing for custodial interrogation for the investigation of the FDI amount of about 230 crores, which had been received by the petitioner and his co-accused persons as valuable consideration towards the transfer of their rights in the projects, and the bona fides of the petitioner not being honest, but extremely dishonest and deceitful, the petitioner is not entitled to be enlarged on bail,” the court said. Taking serious note of Gambhir’s conduct, it said the accused was granted interim bail by this court with certain conditions including refunding of money to some complainants but he had failed to comply with the conditions. “The offences which have been committed by the petitioner (Gambhir) with other co-accused (wife and son) are of high magnitude of mass public fraud and cheating and such offences being on high rise in the city, the petitioner does not deserve any indulgence of this court. In view of all this, the petition has no merit and is hereby dismissed,” the court said. Gambhir was on interim bail till December 22 last year but after he failed to comply with the conditions including refund of money with interest to the investors, the court cancelled the interim protection given to him in December last year and since then he has been in custody. MORE |
HC guidelines for police probe in girls’ cases
http://www.e-pao.net/GP.asp?src=4..060612.jun12
Source: The Sangai Express / Press Trust of India
Guwahati, June 05 2012: The Gauhati High Court has issued a set of guidelines for investigation of all cases in which minor or adolescent girls are involved and directed the Assam Director General of Police to ensure scientific investigation of all such cases.
Justice B D Agarwal issued the guidelines while delivering judgement in the case of a 13-year old girl, who was allegedly kidnapped under the garb of elopement.
The judge, who delivered the verdict yesterday, came down heavily on investigating agencies for conducting probe in a casual manner.
The court held that while recording statements of minor girls, judicial magistrates should cause a preliminary enquiry to ascertain the correct age of the victims.
Due to their immaturity, minor and adolescent girls are easy prey and are brain-washed to such an extent that they speak in favour of the accused and suppress their actual age.
He also directed the magistrates to record their statements after giving them sufficient time for reflection to neutralise the emotional bonding with the accused.
Justice Agarwal observed that kidnapping or procuring adolescent girls for marriage or sexual acts not only affects the girls’ health but also shatters their dreams in life.
On the particular case, the judge rejected the bail plea of the accused and directed that the statement of the victim be recorded afresh after keeping her in an Observation Home for at least five days.
The court ordered that as the accused had claimed that they had married before a qazi, administrative action should be taken against the doctors and the qazi for issuing incorrect age certificate and registering the marriage, without proper proof of age.
HC seeks action plan to promote mango sale
http://www.deccanherald.com/content/254847/hc-seeks-action-plan-promote.html
Bangalore, June 5, 2012, DHNS:
The High Court on Tuesday, directed the State government to submit an action plan to promote the sale and procurement of mangoes across State and warned that it would have to summon the chief secretary if the government failed to act.
Hearing a petition filed by the Kolar District Mango Growers and Sellers Association, the Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna asked the government to submit a detailed report on the implementation of the programmes vis-a-vis mango sale and procurement.
During the hearing, the State government submitted that following the High Court directions, it had set up two HOPCOMS stalls, while the Karnataka Agriculture Marketing Board had released Rs 10 lakh to HOPCOMS to procure mangoes.
They also submitted that two persons of the cadre equal to the Additional Director, Agriculture Marketing Board, and Joint Director, the Department of Horticulture, have been appointed personally to oversee the procurement of mangoes.
However, when the petitioner pointed out that there was no action taken by the State government, other than the submissions before the court, the Chief Justice lashed out at the government saying, “We do not want your submissions just on papers. We want what has been submitted (before the court) to be implemented. If there is no action taken, we will be forced to summon the chief secretary.”
S S Naganand, senior counsel and amicus curiae, said many improvements introduced in the recent past in HOPCOMS had been undone because of political interference, and its turnover had reduced drastically in the last two years.
He pointed out that facilities at mango melas were not sufficient as no assistance was given to the growers, which includes space for marketing produce and amenities.
Though the horticulture department states that it has provided cultivators subsidy for cold storage facilities and packing, more needs to be done, he said. No effort is made to produce value-added products like pulp, concentrate, juice, essence flavours and packaging of ripe fruits.
The amicus curiae suggested that the court consider and appoint a monitoring committee chaired by the chief secretary and a representative from the Ministry of Agriculture, Government of India, the Department of Horticulture, the Department of Agriculture Marketing and a representative of the growers. He also sought a time-bound plan of action for short-term and long-term measures to improve the plight of mango growers.
Defamation case: Delhi HC to summon VK Singh
http://ibnlive.in.com/news/defamation-case-delhi-hc-to-summon-vk-singh/264532-3.htmlCNN-IBN
New Delhi: The Delhi Court on Wednesday will decide whether or not to summon former Army Chief VK Singh in Lt General Tejinder Singh’s defamation case. The court had earlier noted that it cannot draw any conclusions based on Tejinder’s witnesses.
The Delhi High Court earlier refused to direct the Centre to take back a press release of the Army alleging that Tejinder Singh offered a bribe to the Army chief in connection with a defence deal.
“The Union of India cannot be directed to disown or retract the aforesaid press release,” Justice Mukta Gupta said while disposing off a petition by Tejinder Singh seeking withdrawal of the alleged defamatory press release.
The court also considered the reply of the Ministry of Defence that it had no role in the issuance of March 5 press release as it was given out by the Army Headquarters.
The court, however, said that Tejinder Singh could make a representation before the authorities concerned seeking initiation of disciplinary proceedings against five Army officials including Chief of Army Staff Gen VK Singh.
In the criminal writ petition filed through his counsel Anil K Aggarwal, Tejinder Singh had contended that the press release issued by senior Army officials, including the Army chief, was “defamatory” and had sought its withdrawal.
The Army chief had earlier claimed that a lobbyist, who had “just” retired, offered him a bribe of Rs 14 crore for clearing a file relating to purchase of a tranche of 600 “sub-standard” TATRA trucks and that he had immediately informed Defence Minister AK Antony about it.
With additional information from PTI
HC slams red-tape over death records
http://timesofindia.indiatimes.com/city/chennai/HC-slams-red-tape-over-death-records/articleshow/13859333.cmsTNN | Jun 6, 2012, 04.11AM IST
CHENNAI: Once a death is brought to the notice of authorities by a competent person, then it must be registered and certificate given without going into questions such as cause of death and place of occurrence, the Madras high court said recently.
A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal, passing orders on an appeal filed by the Perungalathur town panchayat, said: “When an information is furnished by the head of the family or the nearest relative or the oldest adult male person in the house within the jurisdiction of the registering authority, the registrar is duty-bound to register it.”
The matter relates to a petition filed by N Vedantam, who said his wife died on May 3, 2010 while travelling from New Delhi to Patna by train. The couple hailed from Perungalathur, a Chennai suburb, and the woman’s body was brought here and cremated.
Later, when Vedantam applied for registration of the death and sought death certificate, the Perungalathur town panchayat officials said they could not issue the certificate as she died beyond their jurisdiction. They asked Vedantam to approach officials in Kanpur, Uttar Pradesh. Vedantam approached the high court and a single judge directed the authorities to issue the certificate. Challenging it, the town panchayat filed an appeal.
Justice Elipe Dharma Rao, writing the judgment for the bench, flayed the panchayat authorities for driving Vedantam from pillar to post, and said there was no justification in the denial of death certificate.
As per the Registration of Births and Deaths Act, 1969, the foremost duty of the registering officer was to register the information, as the rules do not provide for refusal to register the information, said Justice Elipe Dharma Rao.
“When the government is propagating and trying to educate the citizens to register marriages, births and deaths on the one hand, it is not proper on their part to take a contra stand and drive persons from pillar to post for registration of the same,” the order read.
The town panchayat was then directed to register the details without probing into the nature or circumstances of the death.
When the government is propagating and trying to educate the citizens to register marriages, births and deaths on the one hand, it is not proper on their part to take a contra stand and drive persons from pillar to post for registration of the same.
UP lawyer who ducked HC fine ‘pays’ at last for PIL against Guv
http://www.indianexpress.com/news/up-lawyer-who-ducked-hc-fine-pays-at-last-for-pil-against-guv/958490/0Express news service : Ahmedabad, Wed Jun 06 2012, 03:40 hrs
Lucknow-based lawyer Ashok Pande, who was recently arrested by UP Police on the basis of a non-bailable warrant (NBW) issued by the Gujarat High Court (HC), has deposited Rs 25,000 with the HC registry as fine for moving a frivolous public interest litigation (PIL) seeking removal of Gujarat Governor Kamla Beniwal.
A division bench of HC had issued the NBW against Pande after he did not pay the fine and repeatedly ignored court notices in that regard.
A team of UP Police arrested Pande on June 3 and produced him before Justice Akil Kureshi of the Gujarat HC at the latter’s residence in Ahmedabad on Tuesday.
Additional Public Prosecutor J K Shah said Pande deposited Rs 25,000 with HC registry and gave an undertaking that he would remain present before the Chief Court of HC on June 11. “Following this, the court suspended the NBW and released Pande,” Shah said.
According to Shah, Pande complained that he was arrested on June 3 and was kept in custody by police till his production before the court without obtaining even a transit warrant. “Justice Kureshi has ordered that he may raise his grievances at appropriate time before appropriate forum,” Shah said.
Last year, Pande had moved a PIL stating that the appointment of Kamla Beniwal as Governor of Gujarat was unconstitutional because the President had not obtained consent of Chief Minister Narendra Modi for the same.
Pande, introducing himself as a president of Hindu Personal Law Board, a non-government organisation, had moved the PIL arguing that under the constitutional provisions if a person is not acceptable as Governor to the elected government of a province, he/she should not be posted in that state.
Pande also argued that before appointing a person as Governor in a state, the state government’s acceptance must be obtained.
A division bench of HC comprising the then acting Chief Justice A L Dave and Justice J B Pardiwala had, in October last year, dismissed the PIL while asking if it was a publicity interest litigation or personal interest litigation.
Pande had earlier hit headlines in 2006 when he had announced a Rs 51-crore “reward” to kill late M F Hussain for allegedly making “obscene” paintings of Hindu goddesses.
Kerala governor clears state information commission appointments
http://timesofindia.indiatimes.com/city/kochi/Kerala-governor-clears-state-information-commission-appointments/articleshow/13859948.cmsT Ramavarman, TNN | Jun 6, 2012, 05.25AM IST
KOCHI: Acting governor H R Bharadwaj has cleared the appointment of two new members to the State Information Commission, despite criticisms that they are political nominees. The new members – Vithura Sasi and Kuriyas Kumbalakuzhi – are likely to be sworn in on June 13, according to commission sources.
Sources told TOI here that Bharadwaj, who is also the governor of Karnataka, had informed the commission of his inability to attend the swearing-in ceremony of the new members.
He has asked Chief Information Commissioner (CIC) Siby Mathews to go ahead with the swearing-in in consultation with the new member-designates.
With this the number of members in the State Information Commission (SIC) will go up to six, including the CIC.
Civil society groups in the state had earlier objected to the appointment of new members alleging that the government had not followed any selection process in appointing them and that both of them had political links.
General secretary of Human Rights Defence Forum D B Binu had urged the governor to return the recommendation for appointment of the two politicians as State Information Commissioners.
The selection committee which made the recommendation is headed by chief minister Oommen Chandy while leader of the opposition V S Achuthanandan is a member.
The forum had filed a writ petition before the high court, seeking a fair and reasonable procedure affording opportunity to all qualified and interested persons in the state to apply for the posts of information commissioners.
The case is still pending before the high court.
Interestingly, the previous LDF government had also faced criticisms when it appointed Soni B Thengamom, to the commission – though he had resigned all his Communist Party of India party positions just before the nomination.
Parties can seek info under RTI: CIC
http://www.hindustantimes.com/India-news/NewDelhi/Parties-can-seek-info-under-RTI-CIC/Article1-866561.aspx
Nivedita Khandekar, Hindustan Times
New Delhi, June 06, 2012
Supreme Court (SC) registry can no longer avoid parting with information about petitions filed, saying it does not come under the purview of RTI Act. The Central Information Commission (CIC) has ruled that the parties involved in the case/s can seek information related to their case/s under RTI Act.
When T Jhansi Lakshmi’s special leave petition was not listed for hearing even after more than 75 days, she filed an RTI query with the SC registry.
She sought to know from the Public Information Officer (PIO) the genuine reason as to why her SLP was not listed. However, both the PIO and the Appellate Authority (AA) denied it, stating that the inspection or search of judicial records can be undertaken only by following prescribed rules and orders of the apex court and not under RTI.
When chief information commissioner Satyananda Mishra upheld the right to demand information about a petition under Act, the registry’s PIO and the AA pointed out that she was not a party to the litigation, instead her husband was.
The decision has come as a ray of hope for several RTI applicants filing queries with the SC registry as most of them have faced similar situation.
New bench may fast-track hearing on DLF row over CCI fine
http://www.moneycontrol.com/news/business/new-bench-may-fast-track-hearingdlf-row-over-cci-fine_713778.htmlPublished on Tue, Jun 05, 2012 at 17:00 | Source : CNBC-TV18
The Competition Appellate Tribunal (Compat) is considering fast-tracking the hearing into DLF ‘s appeal against the CCI order. The Compat has decided to bring forward the dates of the case to June 27 from July 18.
As one would recall following the retirement of former Compat chairman Justice Arijit Pasayat last month, it was decided that a new bench would re-hear the case led by the newly appointed chairman Justice VS Sirpurkar. This meant that the final Compat order on the much-awaited case would be delayed.
Sources say that the DLF case would now be among the first to be heard when Compat reopens on June 25 after the short summer break.
On 12 August last year, the Competition Commission of India slapped DLF with a penalty of Rs 630 crore for alleged abuse of its dominant position and passed a ‘cease and desist’ order over unfair conditions imposed by DLF on buyers of its flats. Then late August,CCI passed another separate order in which it again cautioned DLF not to misuse its dominant position but did not impose any penalty.
DLF, in turn, challenged the CCI directive on various grounds to Compat, including the jurisdiction of the case, the basis for determining relevant market and dominant position, as well as not being served with show-cause notices before the CCI penalty was announced.
The penalty was imposed following an inquiry based on complaints filed by the flat buyer associations’ of two separate DLF projects in Gurgaon, DLF Park Palace and The Belaire. The associations complained that there were delays in the projects and that DLF had increased the number of floors from what was initially planned, among other things.
Rajasthan Government reinstates suspended Bharatpur Collector
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/article3463562.eceSpecial Correspondent
Following a stay granted by Central Administrative Tribunal
In a quiet move following a stay granted by the Central Administrative Tribunal (CAT), the Congress-led Government in Rajasthan has reinstated former Bharatpur Collector Krishna Kunal who was suspended for his failure to control communal violence at Gopalgarh on September 14 last year. Mr. Kunal had ordered police firing on a mosque in the town in which 10 people were killed.
A Division Bench of the CAT here earlier this week granted an interim stay on Mr. Kunal’s suspension on the technical ground of the suspension orders not being accompanied by the departmental or disciplinary inquiry. The suspended Collector had contended that no probe was contemplated or pending against him.
The State Government issued orders for Mr. Kunal’s reinstatement over the week-end reportedly after Chief Minister Ashok Gehlot reviewed the matter and gave a green signal for withdrawal of suspension. Mr. Kunal has been asked to wait for his new posting orders and register his presence in the Personnel Department as of now.
Ten people praying inside the Jama Masjid at Gopalgarh were killed and 38 injured on September 14, 2011, when the police resorted to indiscriminate firing on the mosque amid tension between Gujjars and Meo Muslims. Some of the policemen allegedly joined the armed Gujjar mob which stormed into the mosque and lynched the worshippers.
The CAT’s directive staying the operation of the September 28, 2011 suspension order and the December 22, 2011 order by which the suspension was extended for 180 days was an interim in nature. The CAT issued notices in the case and posted it for hearing on June 13.
The State Government’s decision to revoke Mr. Kunal’s suspension on the basis of the CAT’s interim stay has led to shock and outrage among the social activists and Muslim groups here. The “hushed manner” in which a legal loophole was left for the benefit of the suspended Collector has especially caused indignation among the informed circles.
Investigation
The Rajasthan Muslim Forum and Rajasthan unit of the Jamiat Ulema-i-Hind have accused Mr. Gehlot of denying justice to the victims of police firing. They said the ruling Congress’ decisions after the firing to hand over investigation to the CBI and suspend the Collector and Superintendent of Police were meant to “deceive the people”.
JUH State general secretary Abdul Wahid Khatri pointed out that the next of kin of those killed in the firing had lodged as many as 12 FIRs against Mr. Kunal and the then SP, Hinglaj Dan, with the charges of murder. Strangely, the CBI has neither taken up any of these FIRs for probe nor arrested any of the policemen who sprayed bullets on the mosque.
Mr. Khatri said the Collector’s reinstatement went against the principle of rule of law.
“The State Government should have sought a legal opinion for an appeal against the CAT’s interim stay or corrected the lapse on [the basis of] which the order was passed. On the contrary, it has used the stay as a ploy to revoke the guilty officer’s suspension.”
Rajasthan Muslim Forum convenor Qari Moinuddin wondered as to what prevented Mr. Gehlot from ordering a departmental inquiry against the accused Collector when he believed that he had ineptly handled the Gopalgarh incident: “From Mr. Gehlot’s conduct, it is clear that he does not want to punish those guilty of carrying out one of the most horrific massacres in Rajasthan.”
The Muslim groups alleged that Mr. Kunal had been reinstated to defeat the spirit of this past week’s order of the Rajasthan High Court instructing the CBI Director to monitor the probe into the Gopalgarh violence and submit the progress report in the court. “The way the ruling Congress is resorting to various tactics to obstruct justice is outrageous. The [State] Government is acting against the constitutional mandate to uphold the rule of law,” said Mr. Moinuddin.
Muslim groups, which have been demanding Mr. Gehlot’s removal ever since the Gopalgarh violence, have sought an appointment with Governor Margaret Alva to draw her attention to the State Government’s conduct and seek action in accordance with the constitutional provisions.
Independent investigations carried out by civil rights groups, including the People’s Union for Civil Liberties, had pointed to “collusion” between the local police, an aggressive section of the Gujjar community and some local RSS, Bajrang Dal and VHP leaders during the violence. The PUCL report stated that some self-styled Hindu leaders had “pressured Mr. Kunal into ordering the firing.”
HC To Rule On SAC’s Suo Moto Powers Today
Srinagar, June 05: The Jammu and Kashmir High Court is to outline the jurisdiction of the State Accountability Commission (SAC) on Wednesday in a simultaneous hearing of around 35 high-profile cases involving former ministers, bureaucrats and businessmen.The cases challenging the authority of the SAC to take suo moto action have been pending in the High Court for over five years, with a large number of lawyers defending petitioners targeted by the Commission.
In one of the petitions – pertaining to minister for co-operatives Manohar Lal Sharma – Justice JP Singh had directed that all cases involving the SAC would be heard by Justice Hasnain Masoodi.
According to sources, with the assistance lawyers, Justice Masoodi has sorted and classified the cases according to their nature, noting that most involved the authority of the SAC to take suo moto action.
Justice Masoodi has decided to take this category of cases up first in an en masse hearing tomorrow.
Observers feel that the High Court ruling would delineate the jurisdiction of the State Accountability Commission to initiate action on its own.
The high-profile names figuring in the cases include former deputy chief minister Mangat Ram Sharma, former health minister Suman Lata Bhagat, her PRO Vikas Bahl, former education minister Peerzada Muhammad Sayeed, cooperatives minister Manohar Lal Sharma, former DIG Satvir Gupta, commissioner secretary Atul Duloo, former minister and MLA Doda Abdul Majeed Wani, former district development commissioner for Rajouri Sheikh Rafiq Ahmad, former commissioner secretary for the animal husbandry department Dr. Deen Muhammad, former vice chairman of the Jammu Development Authority Ashok Parmar, PWD executive engineer Dharamveer Koul, police inspector Jhumroo Singh, and the former secretary of the J and K housing board Farhat Qureshi. Observer News Service
Filed under: ADVOCATE, COURT, Daily Legal news, High Court, LAW, SUPREME COURT, TRIBUNAL, Uncategorized | Tagged: human rights violation, nhrc | Leave a Comment »
LEGAL NEWS 05.06.2012
Posted on June 5, 2012 by advocatekamal | Edit
| States fail to submit report on asbestos safeguards to NHRC |
| http://www.business-standard.com/generalnews/news/states-fail-to-submit-reportasbestos-safeguards-to-nhrc/17312/ Press Trust of India / New Delhi June 05, 2012, 19:05 |
| Except for Mizoram and Nagaland, none of the states have submitted
the mandatory reports sought by the National Human Rights Commission
(NHRC) on safeguards they have put in place relating to exposure to
asbestos, forcing it to extend the deadline for the second time.
The Commission has now asked the states and other concerned
authorities to submit the report within six weeks, a release issued by
the NHRC said today. The NHRC has issued this order on May 21. “Most of the authorities in Centre and states/Union Territories have failed to submit requisite reports to the NHRC on safeguards they have put in place relating to exposure to asbestos. Only the states of Mizoram, Nagaland and the National Institute of Occupational Health Ahmedabad have submitted the reports,” it said. The NHRC had given six months time for submitting reports and on March 5 this year, they were given another six weeks’ extension when most of them failed to give the requisite reports. The Commission had asked them to share with it the information on the action taken by them with regard to the Supreme Court judgment on exposure to asbestos. The Supreme Court had asked the central and state governments to review safeguards in relation to primary as well as secondary exposure to asbestos. The Commission had taken cognisance of a complaint in July 2011 alleging that about 50,000 people die every year in the country due to asbestos related cancer. The complainant had sought Commission’s intervention for a ban on the use of chrysotile asbestos (white asbestos), which is hazardous to health of people and causes various incurable diseases. The white asbestos is a fibrous material used for building roofs and walls, among others. |
NHRC public hearing in Chennai to deal with grievances of SCs
http://ibnlive.in.com/generalnewsfeed/news/nhrc-public-hearing-in-chennai-to-deal-with-grievances-of-scs/1007795.html
PTI | 03:06 PM,Jun 05,2012
New Delhi, Jun 5 (PTI) National Human Rights Commission (NHRC) will hold a three-day public hearing in Chennai to deal with grievances of Schedules Castes on August 7. Those belonging to SC category who have a complaint of atrocity committed by a public servant or of negligence by a public servant in prevention of atrocity can send their complaints to the Commission by June 25. The complaints deemed fit for enquiry shall be taken up at the public hearing, the Commission said. PTI CORR SJY SCY
HC advocate petitions NHRC against CBI in Jagan’s case
http://www.siasat.com/english/news/hc-advocate-petitions-nhrc-against-cbi-jagans-caseMonday, 4 June 2012
| Hyderabad, June 04:
An advocate of Andhra Pradesh High Court has petitioned National
Human Rights Commission (NHRC) against the Central Bureau of
Investigation (CBI) for violating all constitutional rights and also discretionary power conferred by CrPC by arresting YSR Congress Party president Y S Jagan Mohan Reddy in connection with the the disproportionate assets case, here on May 27. Advocate P Sai Krishna Azad told UNI here today that the NHRC had admitted his petition filed on June 1 and said Jagan was a law abiding person who always cooperated with the CBI. Mr Azad contended in his petition that the investigating agency did not have the powers to kill the freedom of expression and it acted as ultra vires in this case. The Indian Constitution has guaranteed the fundamental rights under Article 19 and 21, he said, and alleged that the CBI was acting with malafide intention influenced by the state and union government. He prayed the commission to issue a direction to the Centre to take action against the CBI and also direct the Centre and Andhra Pradesh Government to take up the matter seriously as a president of a particular party was arrested before election which prevented him from campaign. |
Shah Commission starts hearing corruption charges against Modi
http://www.indianexpress.com/news/shah-commission-starts-hearing-corruption-charges-against-modi/958101/0Agencies : Ahmedabad, Tue Jun 05 2012, 11:29 hrs
The inquiry commission set up by the Gujarat government to probe charges of corruption levelled by Opposition parties against Chief Minister Narendra Modi began its hearing yesterday.
Retired Supreme Court Judge M B Shah is the chairman of the one-member Commission appointed by the state government on August 17, 2011.
Making its case against Modi, People’s Union for Civic Liberties demanded that the state government should furnish details about the land given to various industrial houses and also sought to know whether rules were followed while allotting the plots.
Special public prosecutor appointed by the Gujarat government, Bhaskar Tanna, argued that the charges made against the chief minister were baseless as the state government allotted land as per the rules.
Media was not allowed inside the court room.
Further hearing would be held by the Commission next Monday.
The Modi government had set up the Commission in the wake of Opposition Congress submitting a memorandum to President Pratibha Patil in June 2011 alleging that the state government under Modi had indulged in large scale corruption and favouritism to industrial houses.
The terms of reference of the Commission include inquiry into the allegations of Congress regarding favouritism toward certain industrial houses, state government’s negligence in this regard, if any, and any other allegation that the Commission deems fit to inquire.
The Commission has also to study the manner in which land had been allocated to industry and analyse all tax concessions given vis-à-vis other states with Gujarat.
The Commission will also look into post-1980 role of successive Gujarat governments in giving special relaxations to industrial houses.
The terms of the Inquiry Commission are comprehensive and include all points raised by the Congress party in its memorandum to the President.
The 15-point charter of allegations handed over to the Inquiry Commission includes conducting inquiry in allegation that land had been given to industries near the state capital at Gandhinagar at very low prices; that Rs 33,000 crore concession given to the Tata’s Nano car project for relocation from Singur in West Bengal to Sanand.
It also includes allegations over the land allotment to Adani Industrial House for Mundra Port and Mundra SEZ.
Green nod for Chettinadu power project suspended
http://www.thehindu.com/news/states/tamil-nadu/article3490910.eceP. V. Srividya
Ministry told to commission study of all proposed thermal power plants along coast
Suspending the environmental clearance (EC) given to the Chettinadu Power Corporation’s 1200-MW power project in Tharangambadi taluk of Nagapattinam district, the National Green Tribunal has directed the Ministry of Environment and Forests (MoEF) to commission a Cumulative Impact Assessment study of all proposed thermal power plants along the district coastline here within one year.
In its May 30 order, the Tribunal has also asked the MoEF to consider all related clearances for any project under the Environment Protection Act simultaneously to avoid piecemeal evaluation of its impact on ecology and environment.
Disposing of an appeal against the Environmental Clearance given for the 1200 (2×600) MW thermal power plant, the NGT censured MoEF and its Experts Appraisal Committee (EAC) for blatant oversights during the grant of the EC.
The Principal Bench’s order came on an appeal filed by Ossie Fernandes of Coastal Action Network, Vangakadal Meen Thozhilalar Sangam, and fishermen S. Chitravel and T. Kumar.
The Bench criticised the terrestrial ecology study that denied the existence of Olive Ridley Turtles in the area as opposed to the data given by the Forest Department and two other study reports.
The MoEF, it said, had not verified the claims and simply relied on the presentations by the project proponent that did not even cite sources of study. Further, EIA’s denial of turtle sightings also raised doubts, the Bench observed.
Flaying the vast discrepancies between the draft EIA and final EIA, the Bench termed it “highly deplorable” practice that “needs to be checked critically by MoEF.”
“If such practice is allowed to continue, there is no need for holding public consultation because the very purpose of having transparency in the decision making process gets defeated,” read the judgment.
On the contention of cumulative impact of multitude of projects with captive ports proposed within a 10 km radius here, the Bench frowned upon the MoEF and its EAC for making only a cursory suggestion of common port/jetty, without adequately looking into environmental safeguards at the time of appraisal for EC.
Stating that the cumulative impact of discharge from the various projects was bound to adversely affect the carrying capacity of the environment and ecology, the Bench suggested a carrying capacity study “invariably in all cases where more than one project of similar or different nature” was involved.
The Bench also faulted the MoEF for adopting separate procedures for EC and CRZ clearance. Except for a generic summary on marine ecology, no comprehensive report was given by the project proponent at the time of appraisal, despite the requirements under Terms Of Reference (TOR).
However, a comprehensive report was given for CRZ clearance that was obtained subsequent to EC. This gave an impression that impact on marine ecology was not of concern for the EC while it mattered for CRZ clearance, observed the Bench.
All clearances, including EC, CRZ and others mandated under the EIA notification, 2006, and the Environment Protection Act should be considered simultaneously. Otherwise it would lead to “piecemeal analysis of environmental impact,” the Bench said.
However dismissing the appellants’ plea for scrapping the EC, the Bench stated that there was no clear case made out that the deficiencies resulted in clear and present ecological threat.
It disposed of the appeal with a direction that the project proponent shall update the EIA report on terrestrial and marine ecology and the MoEF shall appraise the project in the light of objections/suggestions received within six months.
The EC for the thermal plant shall stand suspended till a final decision was taken by the MoEF. The MoEF shall verify the compliance of the draft EIA with the TOR before it is uploaded on the Ministry’s website prior to the public hearing. Also, the final EIA will be evaluated with respect to TOR, draft EIA, and the objections raised during the public hearing by the EAC.
SC defines chargesheet quashing
http://www.deccanchronicle.com/channels/nation/north/sc-defines-chargesheet-quashing-737June 5, 2012
PTI
New Delhi
A chargesheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held.
“In fact, chargesheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action.
“Thus, a chargesheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B.S. Chauhan and Dipak Misra, in an order.
The bench passed the order while disposing of an appeal by the ministry of defence challenging a Central Administrative Tribunal (CAT) order quashing the chargesheet against one Prabhash Chandra Mirdha in a two-decade old bribery case.
“Law does not permit quashing of chargesheet in a routine manner. In case the delinquent employee has any grievance in respect of the chargesheet, he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon.
“In case the chargesheet is challenged before a court/tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/tribunal may quash the chargesheet after considering the gravity of the charge and all relevant factors involved in the case after weighing all the facts, both for and against the delinquent employee, and must reach the conclusion which is just and proper in the circumstance,” the bench said.
The bench said chargesheet cannot generally be a subject matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings.
Get off drain, court tells hotel
http://timesofindia.indiatimes.com/city/bangalore/Get-off-drain-court-tells-hotel/articleshow/13832792.cmsTNN | Jun 5, 2012, 05.47AM IST
BANGALORE: The high court on Monday allowed a writ appeal filed by Gstaad Hotels Pvt Ltd, which is constructing a 17-storey star hotel in UB City, with regard to the khata controversy with the BBMP.
A division bench headed by Chief Justice Vikramajit Sen directed the hotel not to appropriate the storm water drain running beside its property, without the Palike’s permission . The bench, however, permitted landscaping on the other side of the segregated parcel of land, which is separated by the SWD. The hotel management, in its appeal, challenged the April 19, 2012 order of the single bench, dismissing their petition.
The single bench had held that bifurcation of khata with respect to two pieces of land separated by the SWD doesn’t affect the right of the hotel, as the khata is only a fiscal entry enabling payment of property tax, and the SWD continues to be the property of the BBMP.
However, the hotel management, which claims to have invested Rs 500crore in the project , said the segregation reduces floor area ratio (FAR).
Sampangi moves HC
BJP MLA from Kolar Gold Fields Y Sampangi, who was sentenced to three-and-a-half years RI by a special Lokayukta court, moved a criminal revision petition in the HC. The plea will be taken up by Justice V Jagannathan on Tuesday.
He was jailed for allegedly accepting Rs 5-lakh bribe.
Nirmal baba seeks relief against CJM’s order
http://timesofindia.indiatimes.com/india/Nirmal-baba-seeks-relief-against-CJMs-order/articleshow/13829556.cmsTNN | Jun 5, 2012, 02.54AM IST
LUCKNOW: The Delhi-based self proclaimed godman Nirmaljeet Singh Narula alias Nirmal Baba, filed a writ petition in the Lucknow bench of Allahabad high court seeking relief against the order of the chief judicial magistrate (CJM) through which an FIR was registered against him on charges of fraud.
The CJM order came on a petition filed by two students Tanya Thakur (16) and her brother Aditya (13) in Lucknow. In his petition, Baba has said that he is among renowned religious persons and denied all allegations against him. He has described CJM’s order as ‘legally incorrect’.
He has requested the High Court to quash the FIR and stay the arrest. The case will be heard on Tuesday by the bench of Justice Ashwani Kumar Singh and Justice SUZ Siddiqui.
Baba moved High Court after police investigating officer Rajesh Kumar Singh sent him a notice under Section 160 CrPC on May 16, 2012, asking him to present facts before May 24. Neeraj Jain is the counsel for Nirmal Baba while Neeraj Kumar and Tripurari Tripathi are counsel for Tanaya and Aditya.
Gulbarg Society massacre case: Special court pulls up special investigation team
http://timesofindia.indiatimes.com/city/ahmedabad/Gulbarg-Society-massacre-case-Special-court-pulls-up-special-investigation-team/articleshow/13830325.cmsTNN | Jun 5, 2012, 03.55AM IST
AHMEDABAD: The special court hearing the Gulbarg Society massacre case pulled up the Supreme Court-appointed Special Investigation Team (SIT) over its reluctance in submitting its final report on Zakia Jafri’s complaint against chief minister Narendra Modi and others in connection with the 2002 riots.
Asking it to submit the report, designated judge B J Dhandha commented on the SIT’s approach, “What is there for the investigation agency to hide about its investigation?”
The SIT had earlier told the court to defer submission of its report before the trial court after the magisterial court, where the report was placed at the SC’s instance in February, took a final view regarding the closure summary. The SIT’s contention was rebutted by witnesses’ lawyer Salim Shaikh, who filed an affidavit in rejoinder stating that the proceeding over SIT’s final report may go on for years together before a magisterial court. Hence the process before the magistrate must not hinder the trial proceedings before the special court in connection with the Gulbarg Society case.
The witnesses have contended that they had been seeking arraignment of some police officers, including the then JCP M K Tandon and DCP P B Gondia and former investigator S S Chudasama.
Till date, the SIT was deferring the issue on the ground that further probe on SC’s direction was underway. Once the probe is over and evidence has been placed before the magisterial court, the SIT should place concerned document before trial court also, their counsel argued. Further proceeding on these issues will take place on June 18. And hearing on plea filed by witnesses seeking arraignment of cops has also been kept on the same day.
Notice to Gupta in libel case
http://timesofindia.indiatimes.com/city/delhi/Notice-to-Gupta-in-libel-case/articleshow/13829241.cmsTNN | Jun 5, 2012, 02.22AM IST
NEW DELHI: A trial court on Monday summoned Delhi BJP president Vijender Gupta on the complaint of chief minister Sheila Dikshit seeking his prosecution for allegedly defaming her in the recent MCD elections.
Metropolitan magistrate Saumya Chauhan directed Gupta to appear in the court on June 22 to respond to Dikshit’s allegation. “I find it a fit case to call the respondent (Gupta) under Section 499/500 (criminal defamation) of the IPC. So the respondent is summoned for June 22,” the magistrate said.
Dikshit’s lawyer Mehmood Paracha, who was allowed to go through the order, told reporters that the court in its order has said that reputation is the most important thing for a person. The counsel had earlier told the court that the BJP leader is required to be summoned to ascertain if his defamatory remarks before the April 15 civil polls were to gain political mileage by maligning the chief minister. Dikshit had recorded her statement before the magistrate in the case on May 30.
She had filed the criminal defamation case alleging that the BJP leader used “uncivilised” language before MCD polls. The chief minister had also filed a civil suit in the Delhi High Court against Gupta for erecting hoardings across the city, accusing her government of conniving with private discoms and indulging in corruption in determining power tariff.
PIL filed against ‘Bharat Mata ki’ song from ‘Shanghai’
http://ibnlive.in.com/news/pil-against-bharat-mata-ki-song-from-shanghai/264280-8.htmlSubhajit Sengupta, Rohit Vats, IBNLive.com
New Delhi: A petition has been filed in the Delhi High Court for an interim stay on the release of forthcoming Bollywood film ‘Shanghai’ until its controversial song ‘Bharat Mata ki jai’ is removed from the film. Tejinder Bagga of Bhagat Singh Kranti Sena, has filed the petition, “We have problems with the words used in the song. Sone ki chidiya, dengue, malaria, gud bhi hai, gobar bhi, Bharat Mata ki jai. Bharat Mata is not a person, it’s not a political party, it’s not a system either. She is like a goddess to every Indian. In our national song Vande Mataram, she is compared to the goddess Durga. And, here she is told to be the home of such diseases, so, we have a strong objection to it.”
Tejinder Bagga also had a conversation with the singer-composer of the song Vishal Dadlani on micro blogging site Twitter, “I had a conversation with Vishal Dadlani, around a month ago, where I pleaded him to take out the objectionable words from the song. This doesn’t seem to be a mistake, it’s deliberate. Then he tweeted that Tejinder Bagga is threatening him. Then we thought probably he is seeking some cheap publicity, so we kept silence for one month before filing a police case. We want punishment for such people.”
“Vishal said you remove dengue, malaria from the country and I will remove these words from the song, then I asked him ‘is there any country in this world which is devoid of diseases, but is it fair to make any disease the identity of that country,’” asks Tejinder Singh Bagga.
Bagga further says, “We filed one FIR against the song. When a prominent media house asked Dibakar Banerjee about it, he said that he will follow whatever the Indian constitution says, but he should have the freedom of expression. This statement shows that Dibakar clearly knows that the song is hurting the people’s sentiments, but probably he is waiting for a controversy to evolve.”
This is not the first time when Tejinder Singh Bagga is in the news. Earlier, his name had featured in the Prashant Bhushan assault case. The court has still not given any decision on the controversy. ‘Shanghai’ is scheduled to hit the screens on June 8.
PCA: PIL wants more teeth for police body
http://www.indianexpress.com/news/pca-pil-wants-more-teeth-for-police-body/958037/0Express news service : Chandigarh, Tue Jun 05 2012, 03:19 hrs
Seeking more teeth for the Police Complaints Authority (PCA), a public interest litigation was filed in the Punjab and Haryana High Court on Monday. The petitioner, Advocate Arvind Thakur, has demanded that the authority should be given powers to pass directions to the Chandigarh Police so that its (authority) orders are implemented.
The petitioner contended that the Chandigarh Police is not complying with the recommendations of the complaints authority. Stating that the authority should not be reduced to a “complaint box”, the petitioner has sought directions in this regard.
The petitioner has also annexed various orders of PCA, ordering suspension against police officers, which have not been complied by the Chandigarh Police. The UT Home Secretary and PCA have been made respondents in the petition.
The vacation bench of the High Court adjourned the case to July to let it come up for hearing before a regular bench.
‘Issue recorded warning to SI’
CHANDIGARH: The Police Complaints Authority (PCA) has requested the UT Inspector General of Police to issue a recorded warning to a Sub-Inspector for helping a violator.
The complainant, Chander Singh, a first-floor resident of a house in Sector 47, had alleged that Usha Rani, who had been allotted the ground floor in the same building, encroached upon and covered the courtyard and constructed a room. Chander filed a civil suit as the illegal construction affected his privacy, and the court ordered demolition in December 1999. Usha left the house and the new owner, Upinder Gupta, again raised the construction.
Chander again filed a civil suit and a complaint with police alleging that Gupta raised the unauthorised construction in connivance with and in the presence of SI Charanjit Singh, posted at Sector 31 Police Station. Chander even showed court orders to the Sub-Inspector, but he did not listen to him. However, a case under section 107/150 of the CrPc was registered against the complainant and a neighbour.
It was alleged that Gupta then started creating nuisance and his family members starting throwing stones and hurled filthy abuses. They also used the house for commercial purposes by placing a wood cutter. The cutter was removed after some residents complained to the SSP.
The PCA order reads, “It is found that SI Charanjit Singh has not acted fairly. He has abused his position by helping the violator in encroachment and in creating nuisance and quarrel.”
IT capital is also a killer of lakes
http://economictimes.indiatimes.com/environment/developmental-issues/it-capital-is-also-a-killer-of-lakes/articleshow/13835895.cmsBANGALORE: There was a time when unfiltered, clear water from the 625 lakes of Bangalore used to be supplied to homes for drinking. Bangalore was then a pensioners’ town. One huge lake for instance, Dharmambudhi, supplied a major share of the drinking water. Today this lake lies buried under Bangalore’s biggest bus terminus Kempegowda.
Most of the lakes, some dating back to the 16th century, died a slow death. Many were poisoned by discharge of sewage and effluents and some were buried by landsharks. The Lake Development Authority (LDA) says around 100 water bodies have gone totally dry. More than 265 acres of lake area has been encroached. The remaining are in various stages of deterioration.
Only recently, a court order took note of the destruction and directed government agencies to mend things. But as things stand, this intervention might have come a bit late in the day.
Now, Bangalore’s drinking water needs are met by pumping about 900-925 million litres per day (MLD) from the Cauvery, 100 km away. Greater Bangalore has no water. High-rises, where most techies live, depend on watertankers that suck water out of illegal bore-wells. Tippegondanahally lake used to pump 143 MLD but supply is down to 25 MLD now, because upstream inlets are blocked by encroachments. Water lost in distribution to Bangalore is 30% , nearly 270 MLD.
Bangalore reached this sorry state after encroachments, especially from real-estate giants, killed the water bodies. No agency stopped this. One problem was that there were too many agencies involved. There was the forest department, the municipality ( BBMP), the water supply and sewage board (BWSSB) and the LDA. Even if residents wanted to complain, chances were that they wouldn’t know who to approach.
An Institute for Social and Economic Change research report last year said data on lakes is missing from important government agencies. This points to corruption in these departments.
Among those that remain, most are classified ‘dead’. There’s barely any oxygen and dead fish can often float on the surface. Residential areas discharge their untreated sewage in these lakes. In the 1980s, the state made efforts to protect lakes, crucial as they were to Bangalore’s growing needs. They served as home to migratory birds. But unplanned urbanization led to dislocation of lake communities (agrarian, fishing and grazing) that protected and maintained these commons. It had a debilitating effect on surface and groundwater.
In 2004, the LDA invited private companies to develop and maintain the water bodies for 15 years. They’d help desilt and dredge the water bodies, ensure sewage diversion, build treatment plants and landscaping. But in 2008, the Environmental Support Group filed a PIL in Karnataka High Court. They contended that leasing out of the lakes (four had been leased out) was against norms. The water bodies, they said, were in prime areas and their privatisation benefiited only hoteliers and builders.
The court disposed of the PIL on April 11, 2012 with a list of directions. It ordered removal of unauthorized constructions within 30 metres of a lake’s periphery. Officers were made incharge and directed to hold regular meetings with LDA and take effective steps to protect Bangalore’s lakes.
BWSSB chairman Gaurav Gupta said, “BBMP and BDA send proposals on lake maintenance to LDA, which focuses on an approach to keep them in good condition. There are issues of sewage disposal and recharging of channels, which we have to respond to. This process is taking place.”
Madras high court sets June 20 for final hearing on secretariat
http://timesofindia.indiatimes.com/city/chennai/Madras-high-court-sets-June-20-for-final-hearing-on-secretariat/articleshow/13832407.cmsTNN | Jun 5, 2012, 05.33AM IST
CHENNAI: The case concerning the new assembly-cum-secretariat project will be taken up for final hearing by the Madras high court on June 20.
A decision was taken by a division bench comprising Justices D Murugesan and K K Sasidharan on Monday, after advocate-general A Navaneethakrishnan informed the court that the present government’s plan to convert the facility into a hospital and medical college had been given environmental clearance by the State Environmental Impact Assessment Authority. Now that the clearance had been given, the interim order restraining authorities from doing any alteration on the building should be vacated, he said.
P Wilson, senior counsel for the petitioner submitted that the PIL had raised several issues other than the environmental clearance. The bench, noting that the matter needed detailed deliberations, posted the matter to June 20 for final hearing.
Notice to CM for delay in framing of water meter rules
http://timesofindia.indiatimes.com/city/delhi/Notice-to-CM-for-delay-in-framing-of-water-meter-rules/articleshow/13829328.cmsTNN | Jun 5, 2012, 02.31AM IST
NEW DELHI: The Delhi high court has sought to know the stands of chief minister Sheila Dikshit, as Delhi Jal Board chairperson, and DJB’s CEO on a plea for launch of contempt of court proceedings against them for their alleged failure to frame rules on installation of water meters. Justice Vipin Sanghi also issued show-cause notices to DJB member (finance) and member (water), seeking their replies by November 9 on the contempt plea, made by an association of water meter manufacturers.
According to the association, the single bench on January 25 had directed DJB to frame rules relating to installation fee and rent to be paid for use, maintenance and testing of water meters, but no rules have been framed so far.
“Initiate contempt proceedings against contemnors for deliberate and intentional breach of the judgment dated January 25 and punish them in accordance with the provisions of the Contempt of Courts Act,” the petitioners said, claiming the Board has deliberately ignored a court order. Earlier, the single judge had asked the DJB to place before it the rules and regulations and in case the DJB hasn’t made the rules, to frame the same in eight weeks and inform the court.
The water meter manufacturers had said in their plea that the consumers were allowed by a division bench of HC to purchase water meters from the open market but DJB had no comprehensive guidelines relating to the usage and installation of the same.
“On a PIL by the RWA of Rajendra Nagar, the division bench had allowed consumers to purchase water meters from the open market and had asked DJB to frame comprehensive guidelines relating to the usage and installation fee…” the meter manufacturers said.
CBI files closure report in horse trading case against Ajit Jogi
http://timesofindia.indiatimes.com/india/CBI-files-closure-report-in-horse-trading-case-against-Ajit-Jogi/articleshow/13830437.cmsTNN | Jun 5, 2012, 04.08AM IST
NEW DELHI: The Central Bureau of Investigation has filed a closure report in the case of alleged horse trading against Congress leader Ajit Jogi where it was claimed that he and his son attempted to bribe BJP MLAs after the assembly elections in Chhattisgarh in 2003.
CBI sources said the agency took the step after obtaining the opinion of the attorney general and had filed the closure report some time back. The sources, however, did not give details of the report or when it was filed.
In 2008, the CBI had written to the law ministry that there was no provision either under the Indian Penal Code or Prevention of Corruption Act under which the Congress MP could be prosecuted.
On December 9, 2003, the CBI had registered a case under Prevention of Corruption Act against Jogi, his son Amit and defected BJP MP P R Khunte for allegedly trying to bribe BJP MLAs after the assembly elections in the state. Jogi is alleged to have bribed BJP leaders to prevent the saffron party from forming the government after the assembly polls.
However, after scrutinizing the statements of Jogi and the available provisions under the law, the CBI came to the conclusion that no case could be registered against him as he was a “caretaker” chief minister at the time of the alleged crime and he, therefore, could not come under the category of public servant, the sources said.
Khalil Ahmed, Dawood’s alleged aide, refused bail
http://www.hindustantimes.com/India-news/NewDelhi/Khalil-Ahmed-Dawood-s-alleged-aide-refused-bail/Article1-865964.aspx
New Delhi, June 04, 2012
Khalil Ahmed, an alleged aide of underworld don Dawood Ibrahim, was on Monday refused bail by a Delhi court in a 2009 case of alleged attempt to extort money from a businessman in New Delhi. Chief metropolitan magistrate Vinod Yadav denied bail to Ahmed. Khalil had sought bail on the ground that the Indian Penal Code provides a maximum punishment of seven years for the offence of extortion and he has spent a substantial period in judicial custody, pending trial.
His counsel also said argued all the prosecution witnesses in the case have already been examined and there is no likelihood of Ahmed threatening any witness.
The court, however, noted the argument of the prosecution that Khalil was not given bail in December, 2011, by a sessions court which had considered the merits of the case, his conduct and the societal impact that is going to be caused if he is granted bail.
“I find substance in arguments of the prosecution that although the accused has undergone substantial sentence as an undertrial, his bail was dismissed by the sessions court on merits,” the CMM said.
The court also noted the submission of the prosecution that Khalil’s conduct inside the jail was not acceptable and it could only be imagined what he may resort to if he is granted bail.
Businessman Qmar Ahmed had alleged that on February 16, 2009, when he was in his shop with his partner, two persons came and handed over a mobile phone to him forcing him to speak to Khalil. Khalil allegedly demanded Rs. 10 lakh as extortion money and threatened to kill him and his family if his demand was not met.
Khalil was booked under stringent MCOCA on the charge of running an organised crime syndicate but was absolved of the charge by the sessions court and the Delhi high court.
The police had accused him of being involved in 34 cases of extortion, dacoity, kidnapping, murder, intimidation and attempt to murder from 1985 to 2009.
Aarushi case: Hearing adjourned till June 8
http://www.newstrackindia.com/newsdetails/2012/06/04/317–Aarushi-case-Hearing-adjourned-till-June-8-.htmlUttar Pradesh,Crime/Disaster/Accident,Immigration/Law/Rights, Mon, 04 Jun 2012 IANS
Ghaziabad, June 4 (IANS) A special Central Bureau of Investigation (CBI) court in Ghaziabad Monday adjourned the hearing in the Aarushi-Hemraj double murder case till June 8.
Central Bureau of Investigation Special Judge S. Lal put off the hearing after the Bar Association of Ghaziabad decided to suspend work following the death of a lawyer.
Aarushi’s parents, Rajesh and Nupur Talwar, are being tried for the 2008 murders.
Aarushi, 14, was found murdered at her parents’ Noida residence May 16, 2008. The body of her domestic help Hemraj was found the next day on the terrace of the house.
The CBI court had May 25 formally framed charges against the Talwars.
The court charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC). In addition to these, the court charged Rajesh Talwar under section 203 (giving false information respecting an offence committed) of IPC.
Watch out for cyber bullies
http://www.thehindubusinessline.com/features/eworld/article3489576.ece?ref=wl_featuresK V KURMANATH
It’s time to take a closer look at this form of cyber crime in India
The suicide of Tyler Clementi, the 18-year-old New Jersey student in 2010, had triggered a strong debate on invasion of privacy in the cyber age.
His roommate, an Indian student, captured the boy kissing another man in their hostel using his web camera.
The boy jumped into a river unable to take the humiliation, when the former tried to circulate the clip. Though the court refused to link the recording with the death, it sentenced the Indian youth to 30 days in prison last month.
What Clementi was subjected to is cyber bullying, argued those who campaigned for the Indian student’s deportation.
Along with other cyber crimes, cyber bullying is on the rise in India too. The fledgling cyber police wings in different states are being flooded with complaints of invasion of privacy, blackmail and circulating electronic messages that cause annoyance.
· Ms Aparna (name changed) was aghast when a close friend called her up about a nude picture of her being circulated on the web. A quick check pointed the needle of suspicion at a friend who she had just spurned. Angered by her rejection, the boy morphed her picture, checked into her email account and sent it to all the people in the contact list.
After finding Facebook not so amusing, Sujatha (name changed) decided to close her account and discussed this with a few friends too. A few days later, she found both her FB and gmail accounts compromised. She also found obscene pictures posted on the same.
Legal issues
Incidents like these are growing sharply with poor knowledge among users abut how to protect accounts. Sharing one’s passwords with others too is proving dangerous.Prof. Madabhushi Sridhar, a cyber laws expert at NALSAR University, says the crimes cited above come under the bracket of invasion of privacy.
He says Section 66A in the amended IT Act deals with these crimes. Sending any message (through a computer or a communication device) that is grossly offensive or has menacing character; any communication which he knows to be false, but for the purpose of causing insult, annoyance, criminal intimidation comes under this section. This crime, he says, is punishable up to three years with a fine.
Prof. Sridhar, who has just completed a book on cyber laws, feels that punishments under the IT Act are insufficient. “They should be read with the Indian Penal Code. This will be an effective method to check cyber crimes,” he says.
Prof. Sridhar also represents the Institute of Global Internet Governance and Advocacy (GIGA) at the Law University. GIGA conducts research on the Internet and takes up advocacy and training programmes on Internet Governance.
“We already have anti-voyeurism provisions in the IT Act under Sec. 66E,” Mr Sunil Abraham, Executive Director of Centre for Internet and Security, says.
This offence is punishable with ‘imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.’
Repeated harassment aka cyber bullying can be addressed using the already over-broad provisions under Sec. 66A. Unfortunately this Section goes too far and can be used to censor legitimate speech.
“Security and privacy awareness in India is very poor. It would be very useful if both the government and civil society was more aggressive in awareness raising and triggering change in behaviour. Unfortunately this is a bit like smoking – even though people are aware of the issues – they engage in risky behaviour online,” he says.
Lack of data
MR Pavan Duggal, Chairman of Cyber Law Committee and Cyber laws expert, said there is no specific data on cyber crime in India and the data available with the NCRB (National Crimes Records Bureau) of around 900 cases for overall cybercrime is also doubtful.“The solution is to make cyber laws more strict as current law under IT Act 2000 is a bailable offence with three years imprisonment and a fine,” he points out.
“IT Act 2000 has to be re-amended to specific provisions pertaining to cyber bullying. Further, cyber bullying needs to be made a serious offence with minimum five years imprisonment and a fine of Rs 10 lakh. Unless you have deterrence in law it will be a continuing offence,” he observes.
Fortunately, there are some safeguards which can help prevent such acts of cyber offences. In most cases, the acts of bullying or blackmailing are done by someone close to the victims. People should make it a point to keep their Internet identities very safe.
One should not disclose their identities such as passwords or hint questions to anyone – no matter how close they are. Parents should keep an eye on their children who are addicted to the Internet. They should inform and educate their children on the clear and present dangers that lurk on the Net.
They should also teach the importance of respecting others’ privacy apart from taking precautions to keep their private space very safe.
(with inputs from Ronendra Singh)
kurmanath@thehindu.co.in
Adarsh scam: CBI fails to file chargesheet, Jairaj Phatak & Ramanand Tiwari seek bail
http://timesofindia.indiatimes.com/city/mumbai/Adarsh-scam-CBI-fails-to-file-chargesheet-Jairaj-Phatak-Ramanand-Tiwari-seek-bail/articleshow/13828947.cmsRebecca Samervel, TNN | Jun 5, 2012, 02.09AM IST
MUMBAI: Former civic chief Jairaj Phatak and ex-state information commissioner Ramanand Tiwari, arrested in the Adarsh housing society scam, filed for bail in the special CBI court on Monday after the investigating agency failed to file the chargesheet within the stipulated 60-day period. Phatak and Tiwari have been in custody since their arrest on April 3. The matter will be heard on Wednesday.
The bail application filed by Pathak’s lawyer Swapna Kode states that he is entitled to be released the chargesheet was not filed within 60 days and the stipulated period came to an end on Monday at 3pm, he is entitled to be released on bail.
“All the said offences are punishable for less than 10 years and… therefore the CBI ought to have filed the chargesheet within 60 days from the date of his production before this court,” states the bail application filed by Pathak’s lawyer Swapna Kode. All accused have been charged with criminal conspiracy under the Indian Penal Code and various sections of the Prevention of Corruption Act and the Benami Transactions (Prohibition) Act.
Last week, the court granted bail to seven of the other accused on same grounds. Special CBI judge M V Kulkarni granted bail to Maj Gen (retd) A R Kumar, Maj Gen (retd) T K Kaul, Brig (retd) M M Wanchu, former collector Pradeep Vyas, former sub-divisional superintendent of the defence estate office R C Thakur (one of the main promoters of the Adarsh housing society), former deputy secretary of the state urban development department P V Deshmukh and former Congress MLC Kanhaiyalal Gidwani (the chief promoter of Adarsh). Their sixty day period ended earlier as they were arrested on March 20 and 21.
Second defence counsel withdraws in siblings’ murder case
http://www.thehindu.com/news/cities/Coimbatore/article3492616.eceV. S. Palaniappan
Rajendran, defence counsel for Manoharan, the second accused in the siblings’ murder case has withdrawn from the case citing personal reasons. He was the second defence counsel to withdraw from the case.
On October 30, 2010, a 10-year-old girl and her seven-year-old brother, children of a textile merchant from the city, were abducted by a van driver, who used to transport the children to the school. Originally, the abduction was planned for ransom, subsequently the accused Mohanakrishnan along with his accomplice Manoharan, sexually abused the girl and drowned both the girl and her brother in the PAP contour canal. The bodies were recovered subsequently and the accused were secured by the police. Cases were registered against both of them under sections 120 B (Conspiracy), 364 A (kidnap for ransom), 376 (sexual assault) and 302 (murder) and 201 (concealment of evidence) of Indian Penal Code. On November 8, 2010, the City Police took custody of the accused.
On November 9, 2010 morning, while being taken to the scene of crime to record statements, the police shot the first accused to death. Police said that the encounter was reportedly in a bid to foil his attempt to kill the police officials and escape to Kerala.
With the death of the first accused, charges abated against him and the trial was on against the second accused Manoharan. The lawyers in Coimbatore resolved not to appear for the accused in the trial. Meanwhile, nearly 121 prosecution witnesses were listed and 60 documents marked as material evidences besides filing of a 500-page charge sheet in the case.
However, according to the legal requirements, the District Aid Legal Services Authority appointed a counsel for Manoharan. The lawyer withdrew from the case, following difference of opinion between the defended accused and his counsel, sources said.
Legal Aid Services Authority then appointed another counsel Rajendran, who has also now withdrawn from the case citing personal reasons. The State had appointed a Special Public Prosecutor in the case to ensure undivided attention to bring about a logical conclusion to the case. Investigating Officer in the case, Inspector M. Kanagasabapathy said that prosecution side had completed its work and after appointment of another counsel by the legal services authority to defend the accused, the trial was likely to resume. Now, the trial before the Mahila Court Judge M.N. Subramanian has almost reached mid way and a verdict was expected within the next 40 to 60 days, sources expressed confidence.
Child Welfare Committee orders cops to book child’s employer
http://timesofindia.indiatimes.com/city/delhi/Child-Welfare-Committee-orders-cops-to-book-childs-employer/articleshow/13829208.cmsTNN | Jun 5, 2012, 02.20AM IST
NEW DELHI: The Child Welfare Committee (CWC) on Monday ordered the police to register a case against the employers of a minor boy who had engaged him as a domestic servant for the past two months.
The bench directed police officials of the Madhu Vihar police station in east Delhi to register a case against the employers, who are property dealers and residents of IP Extension in east Delhi. The minor had been rescued on Saturday after he was discovered locked inside the employer’s house and crying.
The CWC has asked the police to register a case against the employers under section 23 and 26 of the Juvenile Justice Act, section 16 of the Bonded Labour act and section 344 (confinement for more than 10 days) and 374 (unlawful compulsory labour) under the Indian Penal Code. The child was produced at a CWC court on Monday and a written order was passed on the matter after the minor gave his statement.
Nothing is official here
http://week.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/theWeekContent.do?contentId=11717818&programId=1073755753&tabId=13&categoryId=-177921
Story Dated: Monday, June 4, 2012 10:17 hrs IST
The ease with which Dr Sudam Munde and Dr Saraswati Munde have repeatedly escaped the law suggests the nexus between authorities and doctors in Beed. Nationalist Congress Party legislator Vidya Chavan has a letter written by Parli Police Inspector Ramrao Gadekar on May 19 to the judicial magistrate first class of Parli Vaijnath requesting him to withdraw the charges filed against the doctors under the Pre-Conception and Pre-Natal Diagnostic Techniques Act and the Medical Termination of Pregnancy Act.
Gadekar in his letter claimed, “There has been no written proof from the civil surgeon about framing the doctors under the Acts, and so it is requested that these charges be withdrawn.” A strange request, when the doctors were practising even after their clinic’s licence was cancelled. Accordingly, the couple was charged under section 304A of the Indian Penal Code and then released on bail.
Chavan alleged that support from Gopinath Munde, deputy leader of the BJP in the Lok Sabha, had shielded the doctors. “Saraswati considers Gopinath Munde as her brother. He inaugurated her hospital and Saraswati was a director of Vaijnath Bank founded by Gopinath Munde,” she wrote in a letter to the chief minister.
Activists said even the state health department had not been proactively pursuing the matter. “Why didn’t the health department take any action when social activist Varsha Deshpande has been pursuing the case for the last three years?” asked women’s rights activist Vidya Bal. Deshpande recalled how the doctor couple managed to get bail from the session court. “The public prosecutor remained absent and the couple was released on bail,” she said.
The Mundes’ sonography clinic is said to be registered under the name of a radiologist at a government hospital. “Sudam registered it under the name of Dr Anand Gitte, who is working at the sub district rural hospital in Parli. Gitte is the first accused in the case against the doctors in 2010. He has also signed consent letters for 12 other clinics in Parli. But, Gitte claimed he did not go to any of these places,” said lawyer Atul Tandale.
Justice Lokur sworn in as Supreme Court judge
http://post.jagran.com/justice-lokur-sworn-in-as-supreme-court-judge-1338804972
Posted on: 04 Jun 2012, 03:46 PM
Justice Lokur now a Supreme Court judge
New Delhi: Chief Justice of Andhra Pradesh High Court Madan B. Lokur was Monday sworn in as a judge of the Supreme Court by Chief Justice of India (CJI) S.H. Kapadia.
Prior to his elevation, Justice Lokur was the chief justice of the Andhra Pradesh High Court. With his elevation to the Supreme Court, the strength of the apex court has gone up to 26, five short of the sanctioned strength of 31 judges.
Interestingly, this is the first time that a judge, on his elevation to the apex court, was administered the oath of office during the summer vacation.
Justice Lokur, as the Chief Justice of the Andhra Pradesh High Court, had headed the bench that recently quashed the 4.5 percent reservation in educational institutions and government jobs for Muslims within the existing reservation quota.
JPN
NBT can’t escape judicial writ: HC
http://www.deccanchronicle.com/channels/nation/north/nbt-can%E2%80%99t-escape-judicial-writ-hc-736June 5, 2012
PTI
New Delhi
The Delhi high court has held that the National Book Trust (NBT) is an “alter ego” of the government and is amenable to judicial reviews for its actions concerning fundamental rights as the state has all “pervasive control” on the publication body.
The National Book Trust, a registered society which is working for the last 50 years in the field of publication, took the plea that it does not fall under the definition of state under the Constitution and hence, no petition, for enforcing fundamental rights against it, was maintainable. A three-judge bench of acting Chief Justice A.K. Sikri, Justices Hima Kohli and Rajiv Sahai Endlaw said “we, thus, conclude that National Book Trust is ‘other authority’ and thus, ‘State’ within the meaning of Article 12 of the Constitution.”
“No doubt, every autonomous body with some kind of government involvement cannot be construed to be ‘State’ within the meaning of Article 12 of the Constitution.
“However, when we find that NBT is within the tight grip of the government and the control of the government runs through at every stage right from the creation of NBT to the appointment of the members, to the fundings, to the appointment of various functionaries, to the controlling of the functioning through those appointed members and also through means of audit, etc.
“Further that the parameters within which NBT is to function and even when the amendments are to be carried out, there cannot be any other conclusion but to say that it is an alter ego of the government’s instrumentality,” Justice Sikri, writing the verdict, said.
The court judgment came on the petition which was referred to a larger bench by a single judge who took the view that NBT was not ‘State’ under the Constitution and hence, it was not amneable to writ jurisdiction.
Sampangi moves HC seeking bail
http://ibnlive.in.com/generalnewsfeed/news/sampangi-moves-hc-seeking-bail/1007289.html
PTI | 02:06 PM,Jun 04,2012
Bangalore, Jun 4 (PTI) Jailed in a corruption case, BJP MLA Sampangi today moved the Karnataka High Court seeking bail and review of the Lokayukta court verdict. The matter will come up for hearing tomorrow before Justice Jagannathan. In the first-ever conviction of an elected representative of the people in Karnataka, Lokayukta court Judge N K Sudhindra Rao had on June 2 convicted and sentenced Sampangi to undergo more than three years rigorous imprisonment and slapped Rs 1 lakh fine, besides ordering extension of imprisonment by six more months in case he failed to pay up. Sampangi, who represents KGF assembly constituency, was caught by Lokayukta Police on January 29, 2009 while accepting Rs 50,000 in cash and Rs 4.5 lakh by cheque from Farooq, a businessman, to settle a civil dispute. Sampangi is lodged at Parappana Agrahara central prison on city outskirts.
J&K HC quashes detention of four persons
http://www.hindustantimes.com/Punjab/Chandigarh/J-amp-K-HC-quashes-detention-of-four-persons/SP-Article1-865693.aspx
UNI
Srinagar, June 04, 2012
Jammu and Kashmir High Court has quashed the detention of four people, including senior leader of breakaway Hurriyat Conference (HC) Masarat Alam, detained under the Public Safety Act (PSA) for their alleged role in 2010 unrest in the valley.
A single bench of the high court comprising Justice Hasnain Masoodi directed the government to release all the detenues if they were not involved in any other offence.
The court gave the order on Saturday after hearing arguments from both sides on separate petitions filed the detenues, challenging their detention under the PSA.
Alam, considered a confidant of Hurriyat chairman Syed Ali Shah Geelani, was alleged to have provoked people to take to the streets and observe strikes in 2010, when more than 120 people, mostly youths, were killed in alleged firing by security forces.
The state government had slapped another detention order under the PSA against Alam in January this year after his earlier detention was quashed by the court.
The petitioner through his counsel, Mian Abdul Qayoom, had challenged his detention on several grounds, including the one that the latest detention order had the same grounds under which Alam was booked earlier which was quashed by the court.
The counsel for the petitioner said, “It is a well-settled law that after a detention order is quashed against a detainee, he cannot be detained again on the same grounds on which he was booked earlier.”
He pleaded before the court that the detention order passed against Alam in January 2012 was illegal, improper and unconstitutional and required to be quashed.
The court also quashed the detention orders of Ameer-e-Hamza, Nazir Ahmad Ganie and Waqar Ahmad Morkah.
Madras HC asks government to amend town planning act
http://articles.timesofindia.indiatimes.com/2012-06-04/chennai/32030229_1_unauthorised-high-court-grant-exemptionsA Subramani, TNN Jun 4, 2012, 02.03PM IST
CHENNAI: The Madras high court on Monday directed the Tamil Nadu government to make necessary amendments in the Town and Country Planning Act, to exempt hundreds of unauthorised buildings from demolition, within a period of two weeks.
The first bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam, declined advocate general A Navaneethakrishnan’s request to grant the government six months to bring about the amendment. The court asked the government to amend the Act by July 24.
The vexed issued of unauthorised constructions relates to hundreds of multi-storied commercial as well as residential buildings in Chennai and other parts of the state. There have been several attempts by the successive state governments to grant exemptions through the ordinance route. When the ordinances and acts were set aside by the high court, the state government approached the Supreme Court. After several rounds of litigation, the apex court had asked the high court to take a decision on the issue. The matter being remanded back to it, the high court had asked the government to come out with a policy on the subject.
On Friday, the Tamil Nadu government filed a counter-affidavit stating that it had decided to accept Justice S Mohan committee’s recommendations. As per the recommendations, all buildings constructed on or before July 1, 2007 would be eligible for exemption from demolition, subject to a set of guidelines which included fire service clearance and provision for parking facilities within 250 metres of the respective unauthorised building.
On Monday, the government filed a counter-affidavit disclosing its steps and policy decisions. It also wanted the court to grant six months to enable the government to table the matter before the assembly during the winter session and bring about the necessary amendment. However, granting only two months for the government to amend the Act, the high court posted the matter to July 24 for further hearing.
Kerala HC pulls up govt on cop-criminal nexus
http://timesofindia.indiatimes.com/city/kochi/Kerala-HC-pulls-up-govt-on-cop-criminal-nexus/articleshow/13832890.cmsTNN | Jun 5, 2012, 05.52AM IST
KOCHI: The state government was sharply criticized by the Kerala high court on Monday for sitting on former additional DGP Sibi Mathews’ report on police-criminal nexus for more than four years.
Considering a petition filed by former MLA Joseph M Puthussery, division bench of acting chief justice Manjula Chellur and justice A M Shaffique directed the government to file an affidavit explaining the action taken by the government on Mathews’ report highlighting nexus between police officials and criminals.
The court asked the government to tender an explanation about inaction after Joseph’s counsel Santhosh Mathew argued that not publishing the report was against public interest.
Government pleader P I Davis submitted to the court that government will take action in accordance with law and vigilance enquiry would be initiated against those police officials found guilty.
HC: Rs 29.26L for tree-fall deaths
http://www.deccanchronicle.com/channels/cities/chennai/hc-rs-2926l-tree-fall-deaths-687June 5, 2012
chennai
The Madras high court on Monday directed the Chennai corporation to pay Rs 29.26 lakh as compensation to a youth for the death of his parents as a tree fell on their car while travelling on a public road in Purasawalkam in 2005.
Justice N. Paul Vasanthakumar allowed the petition filed by K. Karthik, seeking compensation for the death of his father C. Krishnamoorthy, assistant director at the office of the Director, Highways Research Station, and mother K. Chithra, a school teacher.
According to the petitioner, while travelling in a Maruti car, an old big tree fell on the car on Alagappa Road at Purasawalkam on October 12, 2005, causing the instant death of his father and mother. The petitioner aged about 14 years escaped with minor injuries.
The fatal accident would not have taken place if the Chennai corporation had exercised proper care and caution and taken precautionary measures to cut and remove the old trees standing on both sides of the road, he added.
The judge said it was not in dispute that the petitioner’s father and mother died due to the falling of the tree. The postmortem report confirmed the nature of the death and an FIR was registered by the Kilpauk police.
An amount of Rs 50,000 each was sanctioned from the chief minister’s relief fund to kin of victims. If there was any dispute over the death, the chief minister’s relief fund could not have been sanctioned by the government.
It was well settled principle of law decided by the Supreme Court that if the facts were not in dispute, the legal heirs of the victims of riot, custodial killing or death due to negligence on the part of the state authorities can claim compensation. The trees standing on public streets vest with the corporation as per section 203 of the Chennai City Municipal Corporation Act.
As per Section 204, it was the duty of the corporation to maintain, repair and make all improvements, which were necessary for public safety and convenience. Hence, the corporation was responsible for not removing the dangerous trees for public safety.
The judge said during the corporation enumeration conducted immediately after the death of petitioner’s parents, it was found that 877 trees were to be cut and removed and 85 tress had fallen already including the one that fell on the car driven by petitioner’s father.
If the enumeration was conducted prior to the accident, the lives of the petitioner’s father and mother could have been saved.
Thus, there was negligence on the part of the officials of the corporation in not cutting and removing the dangerous trees and two precious lives were lost.
Therefore, the corporation was liable to pay compensation for the loss sustained by the petitioner on the basis of ‘vicarious liability’, the judge said and directed the corporation to pay Rs 29.26 lakh (Rs 22 lakh as compensation and Rs 7.26 lakh as interest).
999-year lease surprises CM Nitish Kumar
http://timesofindia.indiatimes.com/city/patna/999-year-lease-surprises-CM-Nitish-Kumar/articleshow/13833837.cmsBhuvaneshwar Prasad, TNN | Jun 5, 2012, 06.31AM IST
KISHANGANJ: The festering problems of forcible grabbing of Bhoodan and government land, serious glitches in teachers’ appointments and the nagging ‘Bijli, Sadak and Pani” which has lately rankled the district authorities surfaced at chief minister Nitish Kumar’s Janata Durbar at Khagra Stadium on Monday on the second day of his three-day Seva Yatra to Kishanganj district.
“Land lease for 999 years?” exclaimed CM Nitish Kumar and asked how it was that such a land lease for 999 years was granted and, to cap it all, even registered. This question came up when Aarif Mohammad Abdullah of Rahmani Foundation urged the CM to ask the district authorities to lift the embargo over the use of their 285 acre plot of land at Shitalpur under Pothia police station in Kishanganj district which was imposed on May 6. The district authorities had imposed the embargo after armed tribals had upped their ante and threatened to forcibly enter the plot of land at Shitalpur.
The aforesaid plot of land, which reportedly includes 70 acres of Bhoodan land, belonged to Afzal Hussain who leased it out to Rahmani Foundation for the purpose of establishment of medical and engineering colleges when his bid to offer the same to Aligarh Muslim University (AMU) came a cropper. The CM was caught in a pincer. Many discordant voices were raised at the Janata Durbar where complainants insisted on release of Bhoodan and government land from the clutches of land mafia and tea gardeners.
A dismissed health department employee, Mohammad Badiduzzama caught the CM’s attention when he pointed how, despite Patna High Court’s order for his re-instatement and payment of arrears, the health authorities were dragging their feet. The Patna HC had ordered for his re-instatement on July 29, 2011. A ruckus was created when a number of aspirants for teachers’ jobs, both male and female, said they were running from pillar to post and even went on hunger strike but to no avail. They are awaiting their appointments since 2006.
A number of callers were summoned to a corner of the spacious Janata Durbar by the CM himself. They had a litany of complaints against the power officials’ shenanigans. The Bihar State Electricity Board (BSEB) chairman and other top brass have promised to address their grievances in the CM’s presence.
The complainants, contrary to public perception, were not overpacked here on Monday. In all, 955 complaints were collected at the Janata Durbar, according to executive magistrate Ajay Kumar. The complaints related to land, power, appointment of teachers and BPL list. Ministers Vijay Kumar Chowdhury, Brijendra Yadav and P K Sahi and principal secretaries were on their toes as the CM interacted with people and listened to their grievances.
Ordinance reins in rogue policemen
http://timesofindia.indiatimes.com/city/bangalore/Ordinance-reins-in-rogue-policemen/articleshow/13831874.cmsM K Madhusoodan, TNN | Jun 5, 2012, 05.11AM IST
BANGALORE: Police in Karnataka will stop being a law unto themselves if a new ordinance is enforced strictly. The ordinance amends the Karnataka Police Act, 1963, to introduce a host of measures to ensure that the guardians of law don’t become its violators.
The ordinance, gazetted on June 1, empowers the state government to set up a security commission and complaints authorities at the state and district levels.
While the state security commission will ensure the police function within the framework of law, the complaints authorities will look into allegations of human rights abuses against police officers of all ranks.
The complaints authorities will work at two levels. While the state police complaints authority will look into complaints against officers of the rank of additional superintendent of police , superintendent of police and above, the district police complaints authorities will look into complaints against policemen and officers up to the rank of deputy superintendent.
Who will be on panels
The state complaints authority will have three members: a chairman selected from a panel of three retired HC judges set up on the recommendation of the high court chief justice; a retired public servant not below the rank of principal secretary; and a civil-society representative.
A district authority will comprise the regional commissioner, a retired civil service official and a civilsociety representative.
Complaints bodies can act suo motu
Bangalore: The allegations that will be looked into by complaints authorities pertain to serious misconduct including incidents involving death, grievous hurt or rape in police custody, and arrest or detention without following the due process of law. The complaints can also pertain to officers willfully breaching or neglecting any law, adversely affecting the rights of any member of the public.
The authorities can act suo motu or look into complaints received from a victim or any person action on his or her behalf, the NHRC, the SHRC or any other body. The complaints authorities will forward their findings to the competent disciplinary authorities for appropriate action. They will have the power of civil courts in summoning any person for examination.
Priest told to vacate Purana Qila premises
http://timesofindia.indiatimes.com/city/delhi/Priest-told-to-vacate-Purana-Qila-premises/articleshow/13829362.cmsAbhinav Garg, TNN | Jun 5, 2012, 02.34AM IST
NEW DELHI: A mahant who had been living inside the Purana Qila for three decades was on Monday asked by Delhi high court to vacate the premises. A special bench dismissed Mange Ram Bharadwaj’s appeal and asked him to leave the premises as it is a centrally protected monument.
Bharadwaj had challenged the eviction notice of the estate officer, claiming he is the mahant of Sri Kunti Devi Mandir inside the Purana Qila area. He asserted that the government had no right to dispossess him of the temple. The petitioner claimed the temple on the land mentioned was 5,500 years old and was being maintained since 1880, the time of his great grandfather. He urged HC to rule in his favour, arguing he is performing puja in the temple since 1976.
Bharadwaj cited medieval-era revenue records to buttress his claim that the temple existed even then, and with the passage of time small rooms came up near the temple to serve as a guesthouse and for the priest. Though Purana Qila is a declared ancient monument, the temple in question hasn’t been declared so, nor has any attempt been made by the Archaeological Survey of India to acquire it, the priest further argued. He said his family owned the temple and the land it was built on.
On its part, the Centre argued that for some strange reason the priest escaped being evicted in 1962 when the Purana Qila area was vacated of refugees. This, however, didn’t give him the right to live in a centrally protected monument. More so, when he could not produce a single documentary proof to justify his claim.
The bench agreed with the Centre and concluded that Bharadwaj is an unauthorized occupant of a public premises. It, however, allowed the priest to offer prayers at the temple during public visiting hours, so that he may continue with the tradition.
Chargesheet Cannot be Quashed Ordinarily: SC
| http://news.outlookindia.com/items.aspx?artid=764727 PTI | New Delhi | Jun 04, 2012 | |||||||||
A chargesheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held.
“In fact, chargesheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action.
“Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B S Chauhan and Dipak Misra, in an order.
The bench passed the order while disposing of an appeal by the Ministry of Defence challenging a Central Administrative Tribunal (CAT) order quashing the chargesheet against one Prabhash Chandra Mirdha in a two-decade old bribery case.
“Law does not permit quashing of chargesheet in a routine manner. In case the delinquent employee has any grievance in respect of the charge sheet, he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon.
“In case the charge sheet is challenged before a court/ tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/ tribunal may quash the charge sheet after considering the gravity of the charge and all relevant factors involved in the case after weighing all the facts, both for and against the delinquent employee, and must reach the conclusion which is just and proper in the circumstance,” the bench said.
The bench said charge sheet cannot generally be a subject matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings.
The court said that “neither the disciplinary proceedings nor the chargesheet be quashed at an initial stage as it would be a premature stage to deal with the issues.
“Proceedings are not liable to be quashed on the grounds that proceedings had been initiated at a belated stage or could not be concluded in a reasonable period unless the delay creates prejudice to the delinquent employee,” it added.
The court also rejected the argument that disciplinary proceedings cannot be initiated by an authority lower than the appointing authority, though it agreed that the removal must be done by an authority above him or her
“It is permissible for an authority, higher than appointing authority to initiate the proceedings and impose punishment, in case he is not the appellate authority so that the delinquent may not loose the right of appeal.
“In other case, the delinquent has to prove as to what prejudice has been caused to him,” the bench said.
The apex court however, refused to interfere with the CAT’s order as affirmed by the Andhra Pradesh High Court, as certain material were not placed before it.
The bench also wondered as to why the Defence Ministry did not consider a fresh disciplinary proceedings against the delinquent employee and allowed the case to linger on for 20 years instead.
Mirdha while working as assistant foreman in the ordnance factory, Yeddumailaram, Andhra Pradesh was accused of accepting a bribe of Rs 4,150 out of the total alleged demand of Rs. 37,000 on August 3 1991 from M/s Teela International Limited, Hosur, Bangalore.
“There is nothing on record to show that the respondent delinquent is still in service and that even if the appellants are permitted to proceed with the inquiry, the evidence which was available 21 years ago would be available today,” the bench said.
Filed On: Jun 04, 2012 21:56 IST
2-year tenure for DGP
http://timesofindia.indiatimes.com/city/bangalore/2-year-tenure-for-DGP/articleshow/13832562.cmsM K Madhusoodan, TNN | Jun 5, 2012, 05.38AM IST
BANGALORE: In a bid to avert recurrence of embarrassment at the time of appointing the head of police force, the government has issued an ordinance amending certain provisions of the Karnataka Police Act, 1963.
The ordinance dated June 1, titled Karnataka Police (Amendment) Ordinance of 2012, categorically lays down that those appointed as director general and inspector general of police shall have a tenure of not less than two years subject to superannuation. The chief shall be chosen from among three seniormost officers empanelled for promotion to that rank by the Union Public Service Commission on the basis of their duration of service, record and range of experience.
The ordinance also gives ample powers to the state government to transfer the chief before completion of tenure on the following grounds:
- Conviction in criminal case or framing of charges by a court for corruption or moral turpitude
- Incapacitation by physical or mental illness or unable to discharge his functions
- Appointment to another post with his consent
- Suspension, dismissal, removal , or compulsory retirement under service rules
The ordinance empowers the government to delegate powers or give directions as it deems necessary to the DG & IGP. It comes in the backdrop of a recent legal battle between two former DGPs, AR Infant and Shankar Bidari, both claiming they had the seniority and merit to head the force. Infant’s claim was upheld by the HC, while Bidari has now taken the battle to the SC.
Minimum tenure of a year
Transfers may no longer be the Damocles’ sword hanging above upright police officers. A new amendment has mandated that all police officers in charge of stations, circles and sub-divisions will enjoy a minimum tenure of one year in their posting. They can be transferred only under exceptional circumstances like conviction, incapacitation or on request. The ordinance also empowers the state government to notify the establishment of the Police Establishment Board for overseeing transfers, postings, promotions and other service-related matters of the officer of and below the rank of deputy superintendent of police.
Security commission
The state security commission will be headed by the chief minister as its chairman, home minister as vicechairman and leader of opposition in the assembly, a retired high court judge, the chief secretary and additional chief secretary of the home department as members. The DGP shall be the commission’s member-secretary.
Adidas asked us to manipulate Reeboks’s accounts: Subhinder Singh Prem & Vishnu Bhagat
http://economictimes.indiatimes.com/news/news-by-industry/services/retailing/adidas-asked-us-to-manipulate-reebokss-accounts-subhinder-singh-prem-vishnu-bhagat/articleshow/13829520.cmsStory
NEW DELHI: The two former executives of Reebok India, at the centre of an alleged 870-crore alleged fraud, have accused German sports goods maker Adidas of attempting to hammer down the valuation of the Indian unit, as part of its strategy to reduce its payout to the minority shareholder in the company.
Former Reebok India chief executive Subhinder Singh Prem and former COO Vishnu Bhagat have in separate suits filed last month in the Delhi High Court said they were asked to ‘carry out certain illegal and unethical actions’ by the Adidas Group, such as manipulating accounts, booking irrelevant expenses and cancelling large distributorships, to ensure that the market value of Reebok India fell significantly ‘so that a significantly lower amount becomes payable to the exiting Indian joint venture partner’. Reebok India is a subsidiary of Adidas.
While the petitions do not mention the names of the joint venture partner, Focus Energy Ltd, a group company of Ajay Kalsi’s Phoenix International owns 6.85% in Reebok India.
According to the shareholder’s agreement, Adidas has a ‘call option’ or the right to purchase the shares of the Indian partner but the two have been locked in a legal dispute over the price at which Focus Energy will sell its shares. The matter is currently pending before the Delhi High Court.
A person familiar with the development said while Adidas does not want to pay more than 25 crore for Focus Energy’s 6.85% stake while the Indian partner was demanding as much as 550 crore. Both Adidas and Focus Energy declined to comment on these figures.
According to an internal e-mail of July 2010, reviewed by ET, Adidas and Reebok India executives have discussed several strategies to keep their payout to a minimum. One of the options considered then was to “to wind down the operation of Reebok India and remove the distribution rights to reduce market valuation.”
Adidas AG had also explored the option to transfer its stake in Reebok India to Adidas India based on Controller of Capital Issues (CCI) valuation that values a company based on past performance. The valuation based on this method is usually conservative.
In April 2010, the RBI changed this guideline and said the transfer value of the shares should be decided only through discounted cash flow (DCF) method, which takes into account the projected cash flow in the next five years and not on past performance. Under the present guideline, the valuation of Reebok India would be much more than what it would have been under the Controller of Capital Issues method.
Basic rights denied at Kudankulam: Report
http://twocircles.net/2012jun04/basic_rights_denied_kudankulam_report.htmlSubmitted by admin4 on 4 June 2012 – 9:00pm
By IANS,
Chennai : The central and Tamil Nadu governments should stop harassing people protesting against the Kudankulam Nuclear Power Project (KNPP) and withdraw cases registered against them, a report said Monday.
The report was prepared by a committee comprising retired Chief Justice of Delhi High Court A.P. Shah, lawyer Geeta Ramaseshan and Prabha Kalvimani of the Irular Tribes Protection Association.
The report was prepared based on a public hearing held by the committee at Kudankulam in Tirunelveli district, around 650 km from here.
Releasing the report here Monday, Ramaseshan told reporters that freedom of speech and movement of people in the area was restricted.
She said people were denied basic information on matters related to their safety arising from the nuclear project.
According to the report, the central government should release information on safety issues as per the orders of the Central Information Commission (CIC).
Filed under: ADVOCATE, COURT, Daily Legal news, High Court, LAW, SUPREME COURT, TRIBUNAL, Uncategorized | Tagged: climate, human-rights, science | Leave a Comment »
LEGAL NEWS 04.06.2012
Posted on June 4, 2012 by advocatekamal | Edit
Advocate who sought removal of Gujarat Guv held
http://www.indianexpress.com/news/advocate-who-sought-removal-of-gujarat-guv-held/957608/Express news service : Lucknow, Mon Jun 04 2012, 03:29 hrs
Lucknow police have arrested a lawyer who was fined by the Supreme Court and Gujarat High Court for lodging a PIL seeking removal of Gujarat Governor Kamla Beniwal. Advocate Ashok Pande, who had filed the PIL in Gujarat High Court and later in the Supreme Court, was sent to Gujarat on Sunday by the Lucknow police.
Pande was arrested from his Gomti Nagar residence on Saturday night. A non-bailable warrant was issued against Pande by the Gujarat High Court for not depositing the cost imposed on him by the Supreme Court and high court, police said.
A bench of Supreme Court justices H L Dattu and A K Dave had imposed a cost of Rs 1 lakh on Pande in March for filing the “misconceived” and “misleading” petition. Pande had sought removal of the governor after Gujarat CM Narendra Modi wrote a letter to the PM seeking to recall her for appointing Justice (retired) R A Mehta as Lokayukta without his consent.
| Pay Rs 1.80 lakh to 6 injured by PCR van: NHRC to Delhi govt |
| http://www.business-standard.com/generalnews/news/pay-rs-180-lakh-to-6-injured-by-pcr-van-nhrc-to-delhi-govt/16876/ Press Trust of India / New Delhi June 04, 2012, 18:25 |
| The National Human Rights Commission has asked Delhi government to
pay a compensation of Rs 1.80 lakh to six persons injured after being
run over by a PCR van in October last year.
The NHRC has asked the government to pay Rs 50,000 each to three
persons who were grievouly injured and Rs 10,000 each to three others
who had sustained minor injuries and also called for compliance report
along with the proof of payment made to the victims, a statement from
the rights body said today. They were injured in October, 2011, when a speeding PCR van, driven by head constable Murari Lal, climbed up the footpath near Barapullah flyover on which they were sleeping. |
Minority commission backs Islamic banking
http://www.livemint.com/2012/06/03215712/Minority-commission-backs-Isla.html
Commission seeks amendment to the banking regulations to open the doors for interest-free banking
Dinesh Unnikrishnan
Mumbai: The long-standing debate on whether India should allow Islamic banking has taken a twist with the National Commission for Minorities, or NCM, stepping into the picture and strongly supporting the model in Asia’s third-largest economy.Following a proposal from NCM to permit interest-free banking—a variant of Islamic banking—the finance ministry has asked the Reserve Bank of India (RBI) to take a fresh look at the matter.
Seeing benefits: National Commission for Minorities chairperson Wajahat Habibullah says the interest-free model will help the country to channelize more funds from the Muslim business community abroad. (Mint)
Until now, the central bank has maintained Islamic banking is not feasible in India as existing regulations do not permit interest-free transactions.
The minority commission, a constitutional body headed by the former chief information commissioner of India, Wajahat Habibullah, has sought an amendment to the banking regulations to open the doors for interest-free banking in the country.
This is the first time the commission has got itself directly involved in the matter. The commission recently met top finance ministry officials including Sunil Soni, additional secretary, financial services, and Alok Nigam, joint secretary, on the matter.
Since Islamic banking is not allowed in India under current norms, “there should, therefore, be a possibility of permitting interest-free banking by amending the regulations,” Habibullah said, according to a recorded note of the meeting, reviewed by Mint.
According to the note, the finance ministry is open to the possibility of allowing some nationalized banks and non-banking financial companies (NBFCs) to open accounts that will offer interest-free products. “Interest-free banking should not be associated with the religion. It is not in violations of any rules, though the current regulations have to be amended to make this model available in India,” Habibullah said. “The conventional form of banking is not stable as is evident from the collapse of the banking systems across the world. Implementation of interest-free model will provide that stability. This will also help the country to channelize more funds from the Muslim business community abroad,” he said.
Islamic banking is prevalent in countries such as Hong Kong, the UK, the US, Malaysia, Singapore, Bangladesh and Pakistan.
Under Islamic, or Sharia, law any payment or acceptance of interest is prohibited in banking transactions. Islamic banking operates on the theory that the return on investment is a compensation for the risk taken by the investor by providing a fund for commercial activity. As per this, the money can be lent on a profit-sharing or a fee-based model.
In 2007, an RBI-appointed working group under the then executive director, Anand Sinha, which was examining the financial instruments used in Islamic banking, said that under existing regulations, it was not feasible for banks in India to undertake Islamic banking or to allow their branches to carry out Islamic banking operations abroad.
The finance ministry has now referred the NCM proposal to Anand Sinha, currently a deputy governor of RBI, to re-look the matter.
Though there have been several attempts by private groups to introduce Islamic banking in india, none of those succeeded due to regulatory constraints and opposition from some of political factions.
In 2009, Janata Party leader Subramanian Swamy filed a public interest litigation in the Kerala high court against the inception of a financial institution that was to run on the principles of Islamic banking, backed by the state government-owned Kerala State Industrial Development Corporation.
In September 2010, the Indian Centre for Islamic Finance, a non-profit organization spearheading the call for Islamic banking in India, approached RBI to allow a few banks in Mumbai to open interest-free windows on a pilot basis without amending any of the regulations.
It is yet to receive any response from RBI, according to H. Abdur Raqeeb, convenor, National Committee on Islamic Banking, and general secretary, Indian Centre for Islamic Finance.
In 2008, the Raghuram Rajan committee of financial sector reforms suggested implementing interest-free banking in the country. “The committee recommends that measures be taken to permit the delivery of interest-free finance on a larger scale, including through the banking system… it would be possible, through appropriate measures, to create a framework for such products without any adverse systemic risk impact,” the report said.
According to the report, since certain faiths prohibit financial instruments that pay interest, a section of Indians are unable to access banking products and services. “This non-availability also denies India access to substantial sources of savings from other countries in the region,” the report said.
In May, a Kerala-based NBFC that operates in accordance with Sharia principles moved a petition in the Bombay high court against an RBI order cancelling its licence. The firm, Alternative Investments and Credits Ltd, sought legal recourse after RBI took action against it, charging the company with not complying with its fair practice code for NBFCs, which stipulates that NBFCs should declare the rate of interest at which they lend to borrowers. The court is likely to hear the petition on 11 June.
dinesh.n@livemint.com
Jilted lover awarded life term for setting girl ablaze
Agencies : Faridkot (Punjab), Sun Jun 03 2012, 14:54 hrs
A local court here has awarded life term to a jilted lover who set a teenage girl ablaze at Kotsukhila village of the district.
District and Sessions Judge Fatehdeep Singh yesterday sentenced Hoshiar Singh (22) to life imprisonment for setting Veerpal Kaur ablaze in October last year.
Singh wanted to marry the girl, but when she refused, he poured kerosene and set her on fire when she was alone at home.
Kaur, who suffered 80 per cent burn injuries, was rushed to a hospital, where she succumbed later.
In her statement to the police before she died, Kaur said that Singh wanted to marry her forcibly despite the fact that she was engaged to someone else.
Death for man who raped, murdered 8-year-old
http://www.thehindu.com/news/cities/Delhi/article3486483.eceJiby Kattakayam
“There is one and only one sentence which a person charged with raping a child and killing her deserves…”
On July last year when temperatures peaked, a desperately thirsty eight-year-old child living in a park went in search of water, leaving her younger siblings behind, after her poverty-struck mother left for work. The child found what she was looking for, but never returned. She was raped, bludgeoned 15 times with a steel rod and killed behind an NDPL office near Maurya Enclave in North-West Delhi where she had chanced upon a water cooler, but then encountered a sex-crazed accused Sanjay Kumar Valmiki.
This Thursday, a Sessions court at Rohini awarded the death penalty to 21-year-old Valmiki for murder. For the charge of rape, he was sentenced to rigorous imprisonment for the rest of his life. For kidnapping, he was given a five-year prison term.
Concluding that this was a “rarest of rare” case, Additional Sessions Judge Kamini Lau said: “Let those who mess with children know that the justice system in India has zero tolerance for it and a single moment of madness can lead them to gallows.”
Dr. Lau further added: “There is one and only one sentence which a person charged with raping a child and killing her deserves. It is death and the only place where such a person deserves to go is straight to the gallows, where he is hanged by neck till he is dead.”
In the poignant words of the judge, the rapist “after fulfilling his hunger for sex, does not stop at that and uses brutal force by repeatedly hammering and clobbering the child with a Y-shaped steel rod and smashing her head in order to hide his reprehensible and disgraceful act and cause disappearance of the identity. The injuries on the body of the child, as many as 15 in number, speak volumes of the brutality and force with which the innocent child had been battered to death. The convict then dumps the badly-mutilated body of the child in a trench”.
In her order, the Additional Sessions Judge also recalled the scene outside the NDPL office when the girl’s body was recovered two days later, in a mutilated and decomposed condition.
“The discovery of the mutilated/ decomposed body of the child in the NDPL office resulted in a huge public outcry, where people’s anger spilled on the streets and there was large-scale stone pelting outside the office of NDPL resulting in damage to public property. Had the convict fallen into the hands of the angry mob, he surely would have been lynched and killed. Such was the public wrath.”
The defence plea for a lighter sentence on account of him being a young man was not accepted. “The convict was not a boy in his teens, rather a mature young man of 21 years of age and the victim a child of seven years-eight years. I am of the view that Valmiki is not of such a young age that he could not fully comprehend his actions. He was not a person in his teens but a matured robust young man of 21 years and had not acted on sudden provocation or on being suddenly emotionally disturbed,” Dr. Lau said.
Thirty-one witnesses were examined in the case with the most material being a 10-year-old child, who not only saw Valmiki, a contract sweeper at the NDPL office, talk to the victim, but later also heard her cries and screams from the switch-gear room where she was taken. When 10-year-old witness inquired as to who was inside, she was told by the rapist that it was his brother.
The evidence which conclusively nailed the convict was the DNA fingerprint report. “Thanks to the latest scientific technology and forensics which made it possible to identify the offender despite an attempt by him [offender] to destroy all evidence against him by mutilation of the body of the victim. It is the use of this technology [DNA fingerprinting] which has helped in conclusively establishing the guilt of the offender beyond doubt,” the court observed.
Honour killing accused will lose right to contest polls’
http://daily.bhaskar.com/article/NAT-TOP-honour-killing-accused-will-lose-right-to-contest-polls-3365291.html
Source: Rakesh Bhatnagar, DNA | Last Updated 09:16(04/06/12)
New Delhi: Concerned with the regressive mindset of a section of the male-dominated society that uses the term “honour” to justify killing of young couples who marry outside their castes, the Centre is contemplating amendment to the election law to outcast those involved in the dastardly crime.
If this gets approval of Parliament, an accused involved in “honour killing” would lose the right to vote or contest any election.
However, the government doesn’t want to burden the Indian Penal Code with any additional provision to deal with an individual or members of a pachayat or `khap’ panchayats responsible for such brutal murdering couples in love. So, the Centre plans to amend the Representation of the People Act, 1951.
Following a spate of caste-based killings of young men and women with the support of the victims’ families and the despotic local community, the government set up a group of ministers (GoM) for considering the menace of what’s been termed by the Supreme Court as the “barbaric and brutal murders by bigoted, persons with feudal minds”.
Though no serious thought had been given to this burning issue during the past two years, it’s learnt that the Law Commission has given its report on the issue to the GoM.
The Commission recommends amendment to the electoral law with a view to disqualifying all those found guilty of “dishonour killing”. Thus, an amendment in section 8 has been suggested so that these criminals are given the same treatment provided for other persons involved in equally barbarous acts such as dowry death and Sati.
Informed sources say the new enactment is titled the Prevention of Crimes in the name of Honour and Tradition’.
If the Act were in place now, a senior DIG of Uttar Pradesh, SK Mathur, could have been arrested for propagating the dastardly killing by telling the parents of a girl, who was suspected to have eloped with the man of her choice, that if his daughter had run away with a boy of another caste, he would have killed her.
Later chief minister Akhilesh Yadav only transferred the officer.
It may be pointed out that a section of Indian communities isn’t alone in executing or masterminding inhuman killings.
A recent report submitted to the United Nations Commission on Human Rights shows that “honour” killings have occurred in Bangladesh, Great Britain, Brazil, Ecuador, Egypt, India, Israel, Italy, Jordan, Pakistan, Morocco, Sweden, Turkey, and Uganda.
But dowry deaths and so-called crimes of passion have a similar dynamic in that the women are killed by male family members and the crimes are perceived as excusable or understandable, the report said.
Man granted divorce on grounds of cruelty
http://www.thehindu.com/news/states/tamil-nadu/article3487275.eceK. T. Sangameswaran
Acts of commission by a woman in filing a criminal complaint against her husband and his relatives resulting in the husband being in distress in jail constitute mental cruelty to him and, therefore, he is entitled to get the relief of divorce, the Madras High Court has held.
A Division Bench of Justices Elipe Dharma Rao and M. Venugopal said this in its judgment while allowing appeals by a person challenging a common order of the Principal Family Court here of April 24, 2008 dismissing his petition praying for divorce and allowing his wife’s petition seeking restitution of conjugal rights.
He had married the daughter of a former Tamil Nadu MLA here in April 2000 as per Hindu custom.
The appellant’s senior counsel, P. Wilson, contended that his client’s wife after initiating criminal proceedings against her husband and nine others was not entitled to obtain the relief of restitution of conjugal rights because of the inconsistency in her case.
Defining cruelty
The judges said what conduct would amount to cruelty was a question of fact to be decided on the facts and particulars of each case. When a divorce was being sought on grounds of cruelty, the acts complained should be so grave and weighty to enable a court to conclude that one party could not reasonably be expected to live with the other.The Bench said that in its considered opinion, on grounds of cruelty, the whole matrimonial relations should be considered.
SC judgment
Citing a Supreme Court judgment, the Judges observed that cruelty would normally consist not of harmful acts but of injurious reproaches, complaints, accusations or taunts.It should be established that one party in the marriage, ignoring consequences, had misbehaved, which the other party could not be called upon to endure, and that misconduct had caused injury to health or a reasonable apprehension of such injury.
The Bench pointed out that in the present case, the husband had been put in jail for 22 days for alleged offences of dowry harassment and attempt to murder. Further, the woman had gone to the extent of filing intervening application opposing the bail sought by her husband. The case later ended in acquittal.
Filing of a criminal complaint by the wife against the husband and his relatives, instituting cases based on it and the same ending in acquittal and before that the husband being in distress for 22 days in jail, all these acts of commissions by the wife clearly constituted mental cruelty to the husband who admittedly would have undergone a traumatic experience and suffered humiliation in social circles.
In the present case, the marriage had become emotionally dead. It had irretrievably broken down. Moreover, the element of separation between the parties unerringly point out that there was an intention to bring cohabitation permanently to an end. The differences of opinion should not be considered as temporary passions.
The Bench ruled that the husband was entitled to get divorce.
His wife was not entitled to get the relief of restitution of conjugal rights. It said the marriage would stand dissolved.
HC refuses to interfere in transfer of civil suit
http://www.indianexpress.com/news/hc-refuses-to-interfere-in-transfer-of-civil-suit/957575/Express news service : Ahmedabad, Mon Jun 04 2012, 02:30 hrs
THE Gujarat High Court has refused to interfere with an order of the Rajkot principal district judge to transfer a civil suit from one magistrate to the other after the first magistrate wrote a confidential letter to him after reserving pronouncement of judgment on the suit.
The court also held that if a party is aggrieved by the transfer order it may approach the HC on the administrative side.
A petition in this regard was moved before by Sai Developers and one Doli Patel.
According to the petitioners, the civil suit in question was going on in the court of 14th Additional Senior Civil Judge. This magistrate after conducting hearing and dictating half of the judgment wrote a confidential letter to the Principal District Judge on May 11, following which the suit was transferred to the court of another magistrate.
The petitioners challenged the transfer before the HC contending that the arguments were heard, judgment was even part dictated and was kept for pronouncement of the remaining judgment.
Since vacation was there, both sides had given purshis that they do not have any objection if judgment is pronounced in vacation. And at that stage, the transfer order was passed, which was not only without any provisions under the Code of Civil Procedure, but also against settled position of law, they argued.
They also contended that the exercise of administrative powers by the principal district judge to transfer the suit to another court was unjust and illegal.
However, the HC turned down the petition while observing, “…discretion exercised by the learned Principal District Judge on administrative side, that too by referring to the confidential letter of the Judge from whose court the matter is transferred, does not call for any interference… it is open to the petitioner to move the High Court on administrative side, if he so desires.”
HC upholds DTC’s levy of Re 1 surcharge
http://timesofindia.indiatimes.com/city/delhi/HC-upholds-DTCs-levy-of-Re-1-surcharge/articleshow/13789068.cmsTNN | Jun 4, 2012, 01.40AM IST
NEW DELHI: The Delhi high court has upheld the decision of the Delhi Transport Corporation to levy a surcharge of Re 1 on passengers travelling in its buses.
A division bench comprising acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw upheld the corporation’s decision pointing out that the surcharge is collected to reduce the cost incurred by DTC when it pays toll tax/toll charges while crossing through municipal toll or at DND flyover or other toll bridges.
“Though the amount to be paid per DTC trip is fixed, if the burden is to be shared by the passengers, in every trip, the amount to be collected from passengers may vary depending upon the number of passengers travelling in a particular trip,” the bench observed. To “obviate such an onerous task” HC added, the corporation is justified in charging a fixed amount which in any case is much less than the actual amount paid by the DTC.
HC also brushed aside the argument that by collecting an extra amount DTC is determining the fare of buses, concluding that the Re 1 surcharge is not part of any fare.
The court was hearing a PIL filed by one Ramesh Chhabra claiming that DTC charges Re 1 as surcharge on the actual fare from each passenger travelling from Delhi to Faridabad.
HC nixes union’s plea for Binny Mill’s office
http://timesofindia.indiatimes.com/city/chennai/HC-nixes-unions-plea-for-Binny-Mills-office/articleshow/13790920.cmsA Subramani, TNN | Jun 4, 2012, 03.09AM IST
CHENNAI: A labour union’s attempt to get possession of the Binny Mill’s 94-year-old Madras Labour Union (MLU) premises failed after the Madras high court turned down the request of the new set of ‘office-bearers’ recently.
MLU, the first labour union in the state to espouse the cause of textile workers, was formed in April 1918 by a Parsi lawyer from Mumbai, B P Wadia.
Pointing out that the mill had been wound up in 1996 and its premises sold to a real estate promoter, Justice K Chandru said, “It is not clear how the union is still functioning, especially when the B&C Mills have been irrevocably closed. Even as per bylaws of the union, only persons who are working in the B&C Mills are entitled to become members of MLU. Only existing workers can get elected to various committees through department-wise allotments. The petitioner has not disclosed as to who are the workers who will continue to be MLU members in the absence of employment for the workers.”
A general secretary of the MLU preferred the present writ petition seeking possession of the union office located on Strahans Road at Pattalam in Chennai. In 2003, there was a dispute between two rival groups of unions over the property. In October 2003, the jurisdictional tahsildar passed an order stating that they should first prove their title right over the union’s property.
Though no party approached an appropriate civil court to establish their title over the property, the present petition was filed in 2008, stating that the union had been ‘revived’ and that 2,060 ‘employees’ of the union had elected new office-bearers and authorized them to claim the union’s property.
Justice Chandru, pointing out that no one had approached a civil court to establish their right and take control over the property, said the union was allegedly ‘revived’ five years after the tahsildar’s order. He said such rights cannot be proved and granted in the high court under Article 226 of the Constitution.
Tracing the rich history of the union, the judge said the bylaws clearly state that in the event of dissolution of the trade union, the property should be entrusted only to the Pachaiyappa Trust Board, which would utilize the fund derived from it to provide free scholarship to the children of textile workers in Chennai. Citing the Supreme Court rulings, he said dissolution of the union will not vest the property with the members of the union.
Cops open Parel school gate after HC order
http://www.dnaindia.com/mumbai/report_cops-open-parel-school-gate-after-hc-oder_1697776Published: Monday, Jun 4, 2012, 9:48 IST
By Mustafa Plumber | Place: Mumbai | Agency: DNA
| After verbal directives by the Bombay high court, the Bhoiwada
police have opened the main gate of a school in Parel and handed over
the keys to the trust running the school. The trust was fighting a legal
battle with two alleged illegal tenants staying on the terrace of the
school building.
On April 27, the Bhoiwada police had locked the Kranti Veer Nana
Singh Patil School at Naigaum in Parel, which is run by the Naigaum
Education Trust, after complaints from the tenants against the school
staff. Division bench of Justice S J Kathawalla and Justice P D Kode asked the police to open the gates of the school and allow the teachers and other staff to enter the school. The trust moved the high court seeking directions to the police to unseal the premise. They also wanted the unauthorized occupants staying on the terrace to be vacated, who they claimed were miscreants. The trust got into an agreement with two people-Rajendra and Devendra Patil. As per the agreement, the trust gave them three rooms on the terrace of the building for setting up a computer lab to impart computer education. However, the school authorities started getting complaints from girl students of alleged misbehavior by the Patils. Last year, the trust terminated the contract and the Patils were supposed to leave. However, they moved the small causes court claiming that they were tenants and were being forcibly evicted from the premises. The suit is still pending before the court. |
Allahabad high court orders probe into lapses in Ayodhya case judges security
http://timesofindia.indiatimes.com/india/Allahabad-high-court-orders-probe-into-lapses-in-Ayodhya-case-judges-security/articleshow/13795502.cmsAshish Tripathi, TNN | Jun 4, 2012, 06.16AM IST
LUCKNOW: The Lucknow bench of the Allahabad high court has ordered an inquiry into lapses in the security of three judges who delivered the verdict in the Ram Janmabhoomi-Babri Masjid title suit case on September 30 2010. The court has also directed the Centre and governments of Uttar Pradesh and Uttarakhand to take immediate steps to provide adequate security to the judges. The next date of hearing in this case is July 18.
The court issued order after UP’s anti-terror squad (ATS) informed court that activists associated with the Student Islamic Movement of India (SIMI) may attack the three Judges. In the statement submitted before the court by Rajiv Sabbarwal, deputy inspector general (DIG), ATS, submitted that during the course of investigation, even in the months of March and April, 2012, it was found that the judges who decided Ram Janamabhoomi case are still under continuous threat and the SIMI activists are in process to constitute a fresh module to assault the judges. The statement given by Sabarwal also revealed that there was an imminent threat to the life of the judges.
The ATS submitted the statement in response to the previous order of a division bench of the High Court comprising Justice Devi Prasad Singh and Justice Devendra Kumar Upadhyaya. The bench had issued order on a petition filed by advocate Ranjana Agnihotri in connection with the threat preception to the judges and advocates associated with the case. The three judges who delivered the Ayodhya verdict are Justice Sudhir Agarwal, Justice SU Khan and Justice DV Sharma.
Justice Agarwal, in fact, was stopped by anti-social elements in Ghaziabad in July 2011. The judge, who was in his car, escaped a possible assault and had revealed that he had no police escort with him during the incident. The judge informed in writing to the authorities concerned about the incident.
Justice Sharma, who is now in Uttarakhand for an assignment, had also made a written complaint to the UP high court registrar that he was not being provided adequate security by the Uttarakhand government . Justice Khan, however, has refused any security cover.
It was also revealed during the hearing that for the past one year, the Registrar General of the High Court has been continuously informing state government officials about the developments.
However, on behalf of the state government, HP Srivastava, additional chief standing counsel, informed the court that the letter of Justice Sudhir Agarwal was received by the state government on May 23, 2012 along with the letter dated May 19, 2012 sent by the Registrar General.
On the other hand, Balwant Rai, additional superintendent of police, security, has informed the court that after filing of the present writ petition and keeping in view the threat precept, the state government had decided to provide Z-category security to all the three judges, provided them with two gunners along with an escort round the clock.
After hearing the statements, the high court directed UP government to hold an inquiry keeping in view the contents of the letter on security lapse of Justice Agarwal and submit a report to this court. Further, the court directed that the DIG, ATS, UP and the UP home secretary would review the security requirement of the judges in view of an enhanced threat perception. Also, the court said that keeping in view the incident happened with Justice Agarwal and after discussing the matter DIG, ATS, UP, and other officers present, it would be appropriate to provide two escorts to the judges concerned.
The court also directed that though Justice Khan had declined to accept any security, the additional director general of police, security, UP, should meet the judge personally and apprise him about the threat perception to take future course of action. The bench directed the state of Uttarakhand to provide Z category security to Justice Sharma immediately.
The government of India was also directed by the court to issue appropriate order or circular to all the states in the country to provide Z category security to the three judges during their movement outside UP. The security provided to the three Judges would not be withdrawn except with prior permission of chief justice of Allahabad high court.
The officials have also been asked by the court to personally meet the three judges and find out whereabouts of their residences and that of their family members for security arrangements. Officials have also been directed to hold a meeting to find out if more security, other then what was discussed in the court, was required in view of threat precept.
The court also directed the registrar general to consult chief justice/senior judge and strengthen the security arrangement on court campus and implead government of Uttarakhand through its home secretary and government of Madhya Pradesh through secretary, home, and inspector general of police, ATS, as respondents.
High court quashes criminal case against man
http://timesofindia.indiatimes.com/city/chennai/High-court-quashes-criminal-case-against-man/articleshow/13790804.cmsTNN | Jun 4, 2012, 02.58AM IST
CHENNAI: The Madras high court has quashed a criminal case against a man, who was detained under Goondas Act, after it came to light that the Vellore police had obtained signatures of another man in blank papers and created a false criminal complaint to arrest him.
Justice T Mathivanan quashed the case against G G Ramesh, after the original ‘complainant’ Mohamed Shareef appeared before the judge and filed an affidavit stating that he had merely signed some blank papers given to him by the police and that he was no way responsible for the arrest and detention of Ramesh.
Quashing the complaint against Ramesh, the judge said: “Shareef has submitted that he was just called to the police station and asked to sign a paper. Later, his signature was utilised to fabricate a complaint against Ramesh, for which he (Shareef) may not be held responsible.” Shareef also clarified that he was not under any pressure to file such an affidavit dissociating himself from the criminal proceedings against Ramesh. The state government, however, objected to the quashing of the complaint stating that Ramesh was a Goondas Act detenue and even the quashing of the present complaint would not result in his immediate release.
High court rules in favour of hotels in waste management row
http://timesofindia.indiatimes.com/city/thiruvananthapuram/High-court-rules-in-favour-of-hotels-in-waste-management-row/articleshow/13792905.cmsAswin J Kumar, TNN | Jun 4, 2012, 04.51AM IST
THIRUVANANTHAPURAM: The city corporation that has been issuing closure notices to hotels functioning without waste treatment plants in the city has been pulled up by a high court order.
Following a petition filed by the Kerala Hotel and Restaurant Association, the court has held that if a hotel did not have space or if there was an objection from the neighbouring shop owners for setting up the treatment plant, it was for the corporation to make arrangement to collect waste and treat it at the cost of the hotel.
The ruling that has come in favour of the hotel owners, dismayed the corporation officials. The health standing committee has been slamming notices on all the hotels that function without a waste treatment plant, ever since the garbage crisis has started bugging the city.
A deadline was also set for the hotels and it was pointed out that their licences would not be renewed if the owner fails to comply with the conditions mentioned in the notice.
“The order has come at a bad time. We had asked the hotel owners to set up plants in plots far away from their hotels. With this order there is no way corporation can ask them to get on with the project,” said a health inspector of the corporation.
The association members had claimed that the time span allotted for them to set up the plants was too short which the court upheld in its ruling. The court also maintained that section 334 of the Kerala Municipalities Amendment ordinance visualizes waste management by corporation which had to be maintained in a centralized manner.
The court has also directed the corporation to help the hotels in setting up the waste plant. A health official said that it would be very hard to maintain the waste from hotels with the court terming it as the corporation’s responsibility.
“In a way it has made us helpless. We could have persuaded the hotels into processing the waste themselves. Now the corporation cannot do so that as it would be against the court order,” he said.
The ruling also said that no hotel should be closed down and no fine should be charged unless the hotels fail to either process the waste to the satisfaction of the corporation or fail to pay the fees fixed by the corporation to collect the waste and treat the same. “Paying fees to collect the waste from the hotels is not all the issue. The question is what to do with the collected waste,” the official said.
We had asked the hotel owners to set up plants in plots far away from their hotels. With this order there is no way corporation can ask them to get on with the project.
Information hidden despite rulings
http://timesofindia.indiatimes.com/city/ahmedabad/Information-hidden-despite-rulings/articleshow/13790505.cmsPaul John, TNN | Jun 4, 2012, 02.32AM IST
AHMEDABAD: Central Information Commission (CIC) and Gujarat Information Commission (GIC) rulings have deemed that facts pertaining to salaries and qualification of government personnel belong to the public domain – yet, people are still being denied access.
In several cases in the state, public information officers (PIOs) have interpreted such details as being ‘third-party information’.
The latest victim happens to be a middle-aged woman, Bhavna Patel of Shahibaug, who has been demanding for four years – under the RTI Act – the salary slip of her husband who serves with the Indian Railways. Bhavna is fighting for a revision in maintenance compensation in the family court and needs the salary slip to make that claim. “I receive Rs 600 and my 18-year-old son receives Rs 1,900 from his father as maintenance,” Bhavna said. “My husband earns between Rs 25,000 and Rs 30,000 and the court fixes a specific maintenance amount based on the salary.” She and her son Yash Diwakar were shocked when the public information officer M R A Mirza replied that the information pertained to a ‘third party’.
“After we appealed to central information commissioner Annapurna Dixit, the railways sent a letter which claimed to have an annexure consisting of my father’s salary slip,” Diwakar said. “The letter had no such thing. We have already filed a complaint with the CIC. It’s a cruel joke.”
Public agencies are under obligation to reveal their employees’ salaries, CIC has ruled in a case involving Punjab National Bank zonal office in Uttaranchal. “Under section 4 of the RTI Act, the public authority must not only provide a directory of its officials to public but also the amount of remuneration given to them,” central information commissioner M M Ansari had ruled. “The information should be published and put on the departmental website.”
In Gujarat, there have been five instances of PIOs denying salary details of government functionaries, said Mahiti Adhikar Gujarat Pehel co-ordinator Pankti Jog. “These functionaries are paid from public coffers. Not only salaries but qualification of officers too is public information,” Jog said. For instance, in the Dinesh Anajwala versus Surat Municipal Corporation case of October 2008, former Gujarat chief information commissioner R N Das ruled, “Before the selection and assumption of charge of the government post, the person is a private person and copies of his marksheets and any information furnished by him to the selection committee is personal information. However, once the person has become a public servant, the nature of that information can no longer be treated as entirely and purely personal.”
Explanation on RTI Act issue sought from HC official
http://www.thehindu.com/news/states/tamil-nadu/article3487493.eceR. Sivaraman
The State Information Commission has called for an explanation from the Public Information Officer of the Madras High Court on why he should not be penalised for not furnishing within the prescribed timeframe, information sought by a person under the Right to Information Act.
In 2009, P. Kalyanasundaram of Pattalam, in his application before the Public Information Officer of the High Court of Madras, had sought to know the list of registers, forms, ledgers and records maintained by the office of High Court registry.
Contending that the Public Information Officer had not provided the information even after two years, he filed an appeal before the State Information Commission. He also sought compensation for the loss.
However, the Public Information Officer in his counter said it was confusing as to what kind of information the applicant was seeking. He had sought information in a casual, indiscriminate and haphazard manner. Such an attitude would defeat the purpose of the Act. The information sought was already published on the website of High Court. Hence, he sought dismissal of the application.
After hearing both sides, the State Chief Information Commissioner K. S. Sripathy in his order said the public authority should have understood at the first instance itself what kind of information had been sought and the correct details could have been provided. The public authority should have provided some concrete answer whether the information could be given or not within the timeframe. Nearly two and half years had passed since the information was sought and refusal to provide information was violative of the provisions of the RTI Act.
The order said, “Since it failed to respond in time on whether the information could be given or not to the applicant, there is room to believe that the public authority was adopting delaying tactics by not providing information. In the circumstances, under section 20(1) of RTI Act, the Public Information Officer should explain within 15 days why a penalty of Rs.25,000 should not be imposed.”
However, the commission dismissed the applicant’s prayer seeking compensation, stating that the denial of information would not be detrimental to his interests.
Advani wants collegium for CEC, CAG selection
http://www.dailypioneer.com/home/online-channel/360-todays-newspaper/70440-advani-wants-collegium-for-cec-cag-selection.htmlMonday, 04 June 2012 00:12
PNS | New Delhi
Senior BJP leader LK Advani has suggested Prime Minister Manmohan Singh to set up a collegium to appoint the Chief Election Commissioner (CEC), as the present system of President appointing the head of Election Commission solely on the advice of the Prime Minister, “does not evoke confidence among the people”.
He has recommended a similar committee for appointment of the Comptroller and Auditor General (CAG) as well. While the tenure of serving CEC SY Qureshi ends later this month, the CAG will retire next year.
In a letter to Singh on Saturday, Advani suggested that the collegium could include the PM as its chairman and Chief Justice of India, Law Minister, and Leaders of Opposition in both the Houses as members.
“There is a rapidly growing opinion in the country which holds that appointments to constitutional bodies such the Election Commission should be done on a bipartisan basis in order to remove any impression of bias or lack of transparency and fairness,” Advani said in his letter to the PM.
Underlining that the CVC and the CIC were also appointed through such a collegium, Advani asserted that keeping the appointment of CEC as an exclusive preserve of the ruling party rendered the selection process vulnerable to manipulation and partisanship.
“Indeed, the credibility of this system was severely dented when a dubious appointment to the crucial office of CEC was made a few years ago. The time has, therefore, come to reform the selection process for the EC and other Constitutional bodies, as has indeed been done in the case of the CVC and the CIC,” Advani wrote to the PM.
Incidentally, the BJP had objected to appointment of Navin Chawla, Qureshi’s immediate predecessor, as the CEC for his alleged proximity to the Congress and its chief Sonia Gandhi. The 2009 Lok Sabha election were held under Chawla as the CEC and widespread allegations on rigging of EVMs were made during that time. Even, Chawla’s predecessor N Gopalaswami had recommended to the Government to remove Chawla’s from the panel for his “partisan” role.
The senior BJP leader pointed out to the PM that the Second Administrative Reforms Commission, set up by the Singh Government, had recommended in 2009 that the CEC and other members of the Election Commission be appointed by a collegium.
“In respect of the CVC and the CIC, the change has come about because of the intervention of the Supreme Court. Let the wholesome change come this time as a result of an initiative taken by the Executive,” Advani said, requesting the PM to suitably amend the Article 324 of the Constitution that deals with the Election Commission.
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LEGAL NEWS 03.06.2012
Posted on June 3, 2012 by advocatekamal | Edit
8,023 cases settled in Lok Adalat
http://timesofindia.indiatimes.com/city/chandigarh/8023-cases-settled-in-Lok-Adalat/articleshow/13751135.cmsTNN | Jun 3, 2012, 02.20AM IST
CHANDIGARH: 8,023 cases of different categories were disposed of in a Lok Adalat that was held inside the premises of the district court on Saturday.
Out of the total cases, 502 were settled under the Negotiable Instrument Act. In MACT cases, compensation of Rs 16,85,000 was awarded. In execution petitions, Rs 24,14,278 was disbursed to the petitioners. In 7,231 traffic challans, Rs 18,10,450 were imposed and realized as fine. Besides this, about 290 civil, rent, labour and other categories of cases were also disposed off.
20 benches were constituted in which cases of different categories like motor accident claim, matrimonial, civil, civil appeals, compoundable criminal and rent cases were taken up for settlement in Lok Adalat.
Naquee was in touch with Yasin via social networking site: ATS
http://www.deccanherald.com/content/254193/naquee-touch-yasin-via-social.html
Mumbai, Jun 3, 2012, (PTI) :
Naquee Ahmed, one of the jailed 13/7 blasts accused, who had claimed to be an informer of Delhi police, was in contact with Indian Mujahideen’s (IM) elusive chief operative Yasin Bhatkal through a popular social networking site since 2008, Maharashtra ATS claimed today.
Naquee, who hails from Darbhanga district of Bihar, was initially arrested on January 10 this year on charges of forgery for allegedly procuring mobile phone SIM cards using fake documents.
According to the Maharashtra ATS, these SIM cards had been used by the IM module that executed the terror strikes at Dadar, Zaveri Bazaar and Opera House on July 13, 2011 leaving 27 dead and 127 injured. Later, Naquee was held in the blasts case, the ATS said.
“Naquee, who claimed to be a police informer and had been helping police solve the 13/7 blasts case, had actually been in touch with Imran, who in reality is Yasin Bhatkal, since 2008 through the Facebook”, an ATS official told PTI.
Naquee knew the antecedents of Yasin and he had helped the latter throughout the conspiracy hatched to execute the blasts, the officer claimed.
“Not only Naquee, even Nadeem and Waqas (two other accused) were in touch with each other through the Facebook”, the official said, adding that the terror suspects communicated with each other using code language.
“We have taken the printouts of their Facebook accounts to prove their communication with each other since a long time. It is a crucial piece of evidence”, the officer added.
However, the officer declined to divulge details when asked if the accused maintained real names or used fictitious names on the site.
The officer also parried a question if the terror suspects’ Facebook accounts still existed.
Naquee’s brother Taqi Ahmed had in January approached the National Human Rights Commission (NHRC), National Commission for Minorities, Delhi Police Commissioner and Union Home Minister P Chidambaram claiming that his brother was a police informer and had been wrongfully framed by the ATS in the serial blasts case.
Maharashtra ATS had filed a 4,788-page charge sheet recently in a special court against ten IM members, including its top operative Riyaz Bhatkal believed to be hiding in neighbouring Pakistan.
ATS has so far arrested five accused – Naquee, Nadeem Shaikh, Kanwar Pathrija Haroon Naik and Mohammed Qafeel Ansari.
Mohammed Qafeel’s name was not mentioned in the charge sheet filed against ten accused as he was recently arrested. A supplementary charge sheet would be filed soon in which his name and other wanted accused names would be mentioned.
According to the ATS, Yasin, Waqas and Tarbez had rented a third floor flat at Byculla’s Habib building in south Mumbai where they allegedly assembled explosives.
As per Yasin’s instructions, Naquee and Nadeem had stolen two-wheelers a day before the blasts and explosives were fitted in them to carry out explosions in Zaveri Bazaar and Opera House.
Kanwar Pathrija and Haroon Naik were involved in providing financial aide through the hawala (informal money transfer system) route. Mohammed Qafeel was involved in providing logistics support.
| NGT asks Gujarat govt not to take coercive action against OPG |
| http://www.business-standard.com/generalnews/news/ngt-asks-gujarat-govt-not-to-take-coercive-action-against-opg/16401/ Press Trust of India / New Delhi June 03, 2012, 10:25 |
| The National Green Tribunal has directed Gujarat authorities not to
take any “coercive action” without its permission against OPG Power
Gujarat Pvt Ltd for alleged violation of conditions on which the
environmental clearance was granted for its 300 MW Bhadreshwar thermal
power plant at Mundra.
The Tribunal passed the orders on an application by OPG expressing
apprehension that “taking advantage of the summer vacation of the
Tribunal, the authorities may take coercive action against it (OPG)”. A bench headed by Tribunal’s Acting Chairperson Justice A S Naidu said the authorities should not take any coercive action against OPG without its prior permission and directed the MoEF to file an action taken report on July 17, the next date of hearing. “Though we are satisfied that no emergent urgency is there, still we feel the ends of justice and equity would be better served if we direct the authorities to complete the exercise as per our order, but not to take any coercive action without obtaining prior permission from this Tribunal. “The MoEF is directed to file the report on the action taken by the authorities on the next date of hearing. List this matter on July 17, 2012,” the bench said. The Tribunal had on May 10 directed Gujarat government to initiate proceedings against OPG for allegedly starting the construction work on the project before forest clearance was accorded to it on April 26. The June 11, 2010 clearance for the 2×150 MW thermal power plant at village Bhadreshwar, Mundra, District Kutch, Gujarat had stipulated that OPG shall not start the work without “all requisite prior permissions”. In the May 10 judgement, the Tribunal had directed the state government and the State Environment Impact Assessment Authority (SEIAA) to initiate proceedings against OPG, issue show cause to them and “on perusal of the cause shown, if satisfied that the project proponent has violated the terms and conditions of the environment clearance or had committed any other omission or commission and/or encroached upon Khari river unauthorisedly, take such action as deemed just proper and in accordance with the law”. |
TDSAT pulls up govt for imposing fresh penalty on Idea
http://www.indianexpress.com/news/tdsat-pulls-up-govt-for-imposing-fresh-penalty-on-idea/957315/0Telecom tribunal TDSAT has pulled up the government for imposing fresh penalties on Idea Cellular despite an earlier order setting aside a similar fine due to the operator’s alleged delay in service roll-out obligations in five circles.
A TDSAT bench headed by its Chairman Justice S B Sinha said it has already set aside the penalty on Idea Cellular on December last year observing that “principles of natural justice” were not followed by Department of Telecommunications while imposing the aforesaid liquidated damages.
“We fail to see any reason as to why despite our judgement dated December 5, 2011 the impugned demands have been raised without complying with the principles of natural justice; the core issue between the parties remaining the same.
“We, therefore, are of the opinion that the impugned demands cannot be sustained. They are set aside, accordingly,” said the tribunal and asked DoT to pay Rs 50,000 to Idea Cellular as cost of litigation.
However, it also said that the DoT may raise fresh demand against Idea Cellular “upon complying with the principles of natural justice”.
The matter relates to roll-out obligation in five circles – Punjab, Haryana, Karnataka, Andhra Pradesh and Maharashtra. These circles came to Idea’s fold after its merger with Spice Communications.
Earlier, DoT had imposed a penalty of Rs 4.55 crore for each circle for delay in meeting the roll-out obligations after 39 weeks of spectrum allotment.
This was subsequently challenged by Idea before the tribunal, which set aside the penalty after observing that DoT did not gave a proper chance to the operator to represent its case and was in violation of principles of natural justice.
TDSAT had asked DoT to rework on the issue.
However, DoT imposed additional liquidated damages of Rs 1.8 crore per circle on Idea Cellular for the same circles again on December 23, 2011.
This was again challenged by Idea Cellular before the TDSAT, terming the fresh demands as “ex-facie illegal and without jurisdiction”.
DoT contended the demands were raised as Idea had failed to meet its roll-out obligations for a period of 52 weeks as is provided for in the clauses of its license agreement.
Notices under BIPA worries govt
http://www.indianexpress.com/news/notices-under-bipa-worries-govt/957144/0Anil Sasi : New Delhi, Sun Jun 03 2012, 01:06 hrs
At a time when the Centre is working overtime to build bridges with aggrieved global investors, the growing list of notices — at six and counting — served by international investors invoking provisions of the numerous bilateral investment protection pacts signed by India could put the Government is a spot of bother.
The fact that India has, in the past, lost the only such dispute that went on to the arbitration stage is among the reasons for the mounting worries.
In its award dated September 30, 2011 of the International Tribunal in the case between Australia’s White Industries Ltd and the Government of India (Ministry of Coal), under the Bilateral Investment Promotion and Protection Agreement (BIPA) between India and Australia, had gone against the Government of India.
This is a case that dates back to a decade, when White Industries won a foreign arbitration against Coal India but was unsuccessful in enforcing the award till last year when it used the Indo-Australian bilateral investment protection treaty.
“Six notices have been served. Each of these (cases where notices have been served) is being looked at on a case-to-case basis,” an official involved in the exercise said.
The official added that BIPAs were intended to provide fair and equitable treatment to the investors of either country in the territory of the other country and include provisions for settlement of disputes between an investor and a contracting party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. “In case a dispute is not settled amicably, a provision exists for arbitration,” the official said.
In case of Vodafone’s notice under the BIPA, the government, in its reply, has told the British telecom major that there is no cause of action for the company in the ongoing tax dispute with the Indian income tax authorities.
According to foreign trade analysts, the fact that India’s gone on to sign bilateral pacts with a large number of countries, combined with the Government resorting to flawed policy measures and retrograde steps to shore up revenues, is a recipe for disaster.
Till date, India has signed BIPAs with 82 countries, starting with the United Kingdom in 1994. Of these 82 countries, BIPAs with 72 countries have been enforced.
Besides, India has signed 17 Free Trade Agreements, Comprehensive Economic Partnership Agreement (CEPA), Comprehensive Economic Cooperation Agreement (CECA) and Preferential Trade Agreements (PTAs).
BILATERAL WORRIES
Notices served by foreign investors against India under BIPAs and CECA
* Devas Employees Mauritius Pvt Ltd, Mauritius under BIPA with Mauritius
* Sistema Joint Stock Financial Corporation, Russia under BIPA between India and Russia
* Telenor Asia Pte Ltd, Singapore under CECA between India and Singapore
* Capital Global Limited and Kaif Investment Limited, both Mauritius based-investors in Loop Telecom Limited under BIPA with Mauritius
* Vodafone International Holdings BV, the Netherlands, under BIPA with the Netherlands
* The Children’s Investment Fund Management, United Kingdom under BIPA with the UK and Cyprus
NCW chief seeks one-time payment for ex-women Test cricketers
http://timesofindia.indiatimes.com/sports/cricket/women-cricket/news/NCW-chief-seeks-one-time-payment-for-ex-women-Test-cricketers/articleshow/13752436.cmsRakhi Chakrabarty, TNN | Jun 3, 2012, 03.05AM IST
NEW DELHI: The National Commission for Women (NCW) on Saturday asked BCCI for one-time payment for former women Test cricketers from the profits of the Indian Premier League as was done for their male counterparts.
NCW chairperson Mamta Sharma said, “Like the men, women, too, have contributed to the country’s cricket. Then why should they be discriminated against?”
In a letter to union sports minister Ajay Maken, she argued if former male players are entitled to the payment, women should also get it.
“I have sought the minister’s intervention. Why should a woman’s efforts on the field be ignored?” Sharma said. She will also write to BCCI chief N Srinivasan to press for the demand.
Last week, the BCCI paid about Rs 70 crore obtained as profits from the IPL to 20 former international and domestic players who had retired before 2004.
She also suggested an IPL for women cricketers. “Why shouldn’t women play in the IPL?” she asked. The NCW will discuss it at a meeting and raise this with the BCCI soon.
Besides women cricketers, Sharma plans to rope in actor Aamir Khan for creating awareness about women’s issues. The idea struck her after she watched the actor take up social issues on the TV serial Satyameva Jayate.
While talking about rising crimes against women, Sharma slammed Uttar Pradesh. “Don’t ask me what kind of crimes occur there, instead ask what crimes don’t happen in UP. It’s very bad in UP. But there is a new government in the state. So, we should give it some time,” she said.
The NCW chief said a large number of cases are reported from areas of UP adjacent to Delhi, including Noida and Ghaziabad.
The NCW has launched a 24-hour helpline for women in Gujarat. “Within about one and a half months of its launch, 1,000 cases were reported,” she said. Similar helplines would be launched in Haryana and Rajasthan soon.
NCW to launch 24-hour helpline in Haryana
http://www.hindustantimes.com/Punjab/Chandigarh/NCW-to-launch-24-hour-helpline-in-Haryana/SP-Article1-864965.aspx
PTI
New Delhi, June 02, 2012
The National Commission for Women will soon start on a pilot basis a 24-hour helpline exclusively for women in distress in Haryana, months after it launched a similar project in Gujarat.
Announcing this here today, NCW chairperson Mamta Sharma said the project would take off in July and the statutory body was also mulling over launching similar round-the-clock helplines across the country by October-end.
“The helpline we launched in Gujarat was a huge success. Within a span of two months we received over 1000 complaints. The NCW is now thinking of launching similar projects in all the states by the end of October,” Sharma said.
“The helpline would not only provide useful advice to the depressed complainant but would also make sure that she is given instant shelter, legal aid, medical treatment and police help,” she said.
To a question on the shortage of hands in NCW, Sharma said she had written to the ministry of women and child development on the matter.
“To address the shortage, the NCW recommended making the temporary staff permanent. The ministry has given its approval and we are working in this direction,” she said.
CLAT confusion
http://articles.timesofindia.indiatimes.com/2012-06-02/news/31983265_1_legal-aptitude-section-clat-current-affairs-sectionJun 2, 2012, 10.12AM IST
The Common Law Admission Test, popularly known as CLAT, is the entrance examination for admission to 14 National Law Universities (NLUs) in India. Every year, thousands of students from all over the country take this exam.
CLAT results were announced on May 28, it led to confusion over supposedly incorrect declaration of ranks and wrongful allotment of institutions to students. The declared results were taken down by the National Law University, Jodhpur (NLUJ), CLAT 2012 organising institution, on the evening of May 28 itself, creating further confusion. The CLAT convener admitted these errors and mentioned that he is trying to resolve them judiciously (source: Legally India: www.legallyindia.com/201205312859/Pre-law-student/clat-2012-university-list-may-contain-errors-that-will-be-fixed-judiciously-in-june-says-nlu-j-vc).
CLAT 2012, comprised a number of questions being allegedly outside the declared CLAT syllabus for the year. Aspiring candidates found that about 70% of the Legal Aptitude section of the paper featured questions that required prior knowledge of legal provisions, while the syllabus had clearly stated that “candidates will not be tested on any prior knowledge of law or legal concepts. If a technical/legal term is used in the question, that term will be explained in the question itself.” In addition, the general knowledge/current affairs section of the paper, which was supposed to test candidates only on their knowledge of ‘current affairs,’ “broadly defined as matters featuring in the mainstream media between March 2011 and March 2012,” allegedly had ‘static General Knowledge’ questions on architect Le Corbusier’s citizenship and shapes of oceans, to name a few.
A writ petition was filed before a single judge at the Delhi High Court abut a week ago (prior to the publication of results), against the organisers of CLAT 2012 for posing questions that were allegedly out of syllabus {Writ Petition (Civil) No 3208 of 2012}. However, the petition was dismissed, in limine, or without going into the merits of the case. The judge held that the petition was premature as the results had not been declared then, and suggested that the petitioners could approach the courts once the results were declared. A similar writ petition was also filed before the Allahabad High Court and is pending.
Courtesy: Myeducationtimes.com
PG medical quota for differently-abled
http://www.deccanherald.com/content/254081/pg-medical-quota-differently-abled.html
Gulbarga, June 2, 2012, DHNS:
In a bid to further empower differently-abled persons, the State government has reserved some seats for them in select branches of post-graduate medicine.
Under the new ruling, the differently-abled will have a three per cent reservation in select branches of the medical PG through the revised matrix at the time of the Post Graduate Entrance Test – due to be effective from this academic year.
This initiative was taken only after offical intervention by the judiciary. Previously, a differently-abled candidate, Dr Veeresh Hallur and others had filed a writ petition in the High Court seeking directions to ensure that there is reservation for those in his category with regard to PG medical seats. Based on the petition, the court has instructed the State to evolve guidelines.
In a recent meeting chaired by the medical education principal secretary, department heads at the Bangalore Medical College examined the ways to implement the HC ruling.
Within the framework of the High Court ruling, a three percent reservation will be opened up in dermatology, radiotherapy, pediatrics, general medicine, radio diagnosis, psychiatry and pulmonary medicine.
In addition, the differently-abled will be entitled for admission in anatomy, physiology and bio-chemistry, and in all the branches of para-medical courses namely pharmacology, pathology, micro-biology, community medicine and forensic medicine.
But other medical branches, such as surgery, ophthalmology, orthopedics, ENT, anaesthesia, and obstetrics and gynaecology will continue to be barred as it is felt that the differently-abled will not be able to perform satisfactorily in such branches
Jharkhand Vikas Morcha-Prajatantrik appeals to governor for probe into BHEL work order
http://timesofindia.indiatimes.com/city/ranchi/Jharkhand-Vikas-Morcha-Prajatantrik-appeals-to-governor-for-probe-into-BHEL-work-order/articleshow/13749502.cmsTNN | Jun 3, 2012, 12.59AM IST
RANCHI: A delegation of the Jharkhand Vikas Morcha-Prajatantrik, led by former chief minister Babulal Marandi, on Saturday met governor Syed Ahmed and demanded a probe into the alleged irregularity in allotment of work to the Bharat Heavy Electrical Limited (BHEL) by the Jharkhand State Electricity Board (JSEB).
The delegation alleged that the JSEB allotted the renovation and maintenance work of Sikidri Hydel Power Project to the BHEL at an exponential rate and also violated guidelines of the Central Vigilance Commission (CVC). All senior leaders of the party were present in the delegation which demanded probe by a high-powered committee consisting of at least three secretaries excluding state energy secretary.
Coming out of the Raj Bhawan, Marandi said recently the JSEB awarded the maintenance work of the hydel power plant to the BHEL 10 times the estimate prepared by engineers of the board. “We have documentary evidence that the JSEB engineers had prepared project report according to which the total cost of renovation for both the units would have been around Rs 2.6 crore. The JSEB management turned down the project report and gave the work to the BHEL which would cost the state exchequer around Rs 24 crore,” said Marandi.
“We informed the governor that the JSEB had allotted the same work to the BHEL in 2005 for Rs 65 lakh,” he said adding that the JSEB management violated the guidelines set by the CVC which permit 10% advance and that too after taking a bank guarantee of 110%. The JSEB did not take any bank guarantee from the BHEL.
“The governor accepted our memorandum and patiently heard the matter. He assured us that he would ensure a proper inquiry in the matter,” said Marandi.
Party’s general Pradeep Yadav said if the government fails to come clear on the matter, he would then file a writ in the high court.
Bribery case: Court awards jail term to BJP MLA in K’taka
Agencies : Bangalore, Sat Jun 02 2012, 15:11 hrsIn the first ever conviction of a Legislator in Karnataka under the Prevention of Corruption Act, a ruling BJP MLA was onSaturday sentenced to three-and-a half year rigorous imprisonment in a bribery case by the Lokayukta Special Court.
Judge N K Sudheendra Rao also imposed a fine of Rs 40,000 on Y Sampangi failing which he has to undergo imprisonment for another six months.
The judge directed the Lokayukta DSP to issue arrest warrant on Sampangi and take him into custody.
Sampangi, who represents Kolar Gold Fields Assembly constituency, was trapped by Lokayukta police on January 29, 2009 while accepting Rs 50,000 and a cheque for Rs 4.5 lakh from a person to settle a civil dispute.
He was found guilty under section 13 (1) d of the Prevention of Corruption Act in the trial that lasted more than three years.
Sampangi’s conviction has come as an added embarrassment to the ruling BJP in the state where several of its leaders, including former chief minister B S Yeddyurappa, are battling cases of corruption in courts.
1984 anti-Sikh riots case: Court rejects Sajjan Kumar’s plea
http://www.indianexpress.com/news/1984-antisikh-riots-case-court-rejects-sajjan-kumars-plea/957065/0Agencies : New Delhi, Sat Jun 02 2012, 17:56 hrs
A Delhi court on Saturday dismissed Congress leader Sajjan Kumar’s plea to use in his defence a 1984 anti-Sikh riots victim’s statements to judicial commissions, allegedly contradicting her testimony to trial court.
The witness’ statements to judicial commissions cannot be used for any purpose, including that for discrediting her or to impeach her, District Judge J R Aryan said.
The Congress leader, in his application, had said the earlier affidavits and statements of complainant and key witness Jagdish Kaur to the judicial commission be allowed to be used to confront her with her recent testimony in the ongoing trial.
“It is clear that without going into the wider questions, even a plain reading of section 6 of the Commissions of Inquiry Act will prohibits the use of the previous statements at the trial either for the purposes of cross examination to contradict the witness or to impeach his credit,” the court said.
The former Outer Delhi MP had filed an application saying that CBI prosecutor R S Cheema on July 12, 2010 had told the court that affidavits and statement of complainant and key witness Jagdish Kaur, recorded by G T Nanavati and Ranganath Mishra Commissions, cannot be used because of contradictions.
The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any Commission cannot be used against her for the purpose of questioning her testimony.
Sajjan Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.
They are accused of instigating a mob to attack and kill the Sikhs.
In his application, Sajjan Kumar had said the CBI had earlier brought on record and even examined Kaur’s affidavit and statement to the judicial commissions but it now says it is not relying on them.
He had said prosecutor Cheema had on July 12, 2010, made a statement in the court that affidavits of the witness in the case cannot be used due to contradictions.
Earlier, Sajjan Kumar’s counsel had said law and justice dwell together and law does not permit this situation and “now the prosecution cannot claim protection of the provisions of the Commission of Inquiry Act as no such protection could be given in respect of evidence given in the court.”
Advocate Anil Kumar, appearing for other accused, had said if the prosecution and the witness would use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids the defence from confronting them.
The case against Sajjan Kumar was registered on the recommendation by Nanavati Commission. The CBI had filed two chargesheets against him and others in January 2010.
The trial court had framed charges against Sajjan Kumar and five others in 2010 under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC.
Radiation case: Bail to DU teachers
http://timesofindia.indiatimes.com/city/delhi/Radiation-case-Bail-to-DU-teachers/articleshow/13750579.cmsTNN | Jun 3, 2012, 02.01AM IST
NEW DELHI: A trial court on Saturday granted bail to five Delhi University professors chargesheeted in a case relating to radiation leak in Mayapuri in which one person died due to exposure to radioactive substance at a scrap market in 2010.
The court had summoned six professors after police had filed the chargesheet accusing them of endangering the lives by auctioning a radioactive Cobalt-60 gamma irradiator without mandatory precautions. While five of them were granted bail, one was allowed exemption from personal appearance in the case till further order.
| Minor inconsistencies in witnesses testimony irrelevant: SC |
| http://www.business-standard.com/generalnews/news/minor-inconsistencies-in-witnesses-testimony-irrelevant-sc/16399/ Press Trust of India / New Delhi June 03, 2012, 10:05 |
| Minor inconsistencies in witnesses’ testimony can be overlooked if
the principal part of the oral and ocular evidence is in conformity with
the medical evidence, the Supreme Court has ruled.
A bench of justices H L Dattu and Anil Dave gave the ruling,
upholding the life sentences of two convicts Kathi Bharat Vajsur and
Kathi Ramku Vajsur in a 1984 murder case relating to Gujarat’s Amreli
district. Kathi Fakira Vajsur, the prime accused in the case had died during the pendency of the trial. The apex court concurred with the Gujarat High Court’s decision to reverse the acquittal by the trial court which had disbelieved the prosecution’s evidence. “Perhaps the trial court took a hyper-technical view by primarily concentrating on minor contradictions to hold that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt. “We are not in agreement with the findings and conclusions reached by the trial court. When the medical evidence is in consonance with the principal part of the oral /ocular evidence, supporting the prosecution story, there is no question of ruling out the ocular evidence merely on the ground that there are some inconsistencies or contradictions in the oral evidence,” observed Justice Dattu, who wrote the judgement. Citing an earlier ruling of the apex court that there is no fixed pattern of reaction of an eyewitness to a crime, the bench said, “When faced with what is termed as “an unusual reaction” of an eyewitness, the Court must only examine whether the prosecution story is in anyway affected by such reaction. |
Facebook face-offs pepper divorce cases across India
http://timesofindia.indiatimes.com/tech/social-media/Facebook-face-offs-pepper-divorce-cases-across-India/articleshow/13748175.cmsSwati Deshpande, TNN | Jun 2, 2012, 11.48PM IST
MUMBAI: Facebook CEO Mark Zuckerberg has not marked his relationship status as “married”. His wife Priscilla Chan has. He has no picture of them as newly-weds on his page, she does. It’s fine for the couple after the billionaire-founder of the world’s most popular social networking site tied the knot about a couple of weeks ago, but in a small town in Tamil Nadu, a similar “failure” by a man to update his “basic info” on Facebook is being cited by his wife as grounds for cruelty.
In Mumbai, a young couple stood in front of a family court judge last week. Their complaint against each other was that the other was always glued to Facebook. The judge reprimanded them, then counselled them. They finally admitted that they still did like each other, resolved to not “unfriend” and to give their marriage another shot.
Some marriages may get saved, but Facebook, which a recent survey in UK blamed for nearly a third of all divorces, is leading to a rise in face-offs in family courts across India too. “Facebook is fast becoming a reason why many marriages are faltering,” said celebrity divorce lawyer Mrinalini Deshmukh.
As divorce petitions get peppered with the mention of Facebook and printouts of web pages, the reason is not merely because couples spend more hours individually on the site, Deshmukh said. “Spending more time, especially at night before bedtime, with friends on Facebook or merely playing games on the site is no doubt eating into couples’ together-time or intimacy. More pertinently, if someone wants to have an affair or flirt, then FB is an easy place to do it. People also use the ‘friend finder’ to re-unite with school or college friends and some really unite. One couple opted for mutual consent divorce when her husband found his former love on FB,” the lawyer explained.
Facebook posts, photos now court evidence
“There are now FB widows and ‘spending time on Facebook’ is replacing ‘spending time online watching porn’ as grounds for cruelty,” said Deshmukh.
Neela Gokhale, a divorce advocate, recounts that in Pune, a woman found her husband “obsessed with FB and ‘adding’ women friends. She has filed for divorce”. Facebook posts and pictures are being used as evidence in courts.
Facebook actually throws up proof of infidelity through pictures posted on friends’ pages, said Arthi P S, a Chennai-based divorce lawyer, who believes that distraction in a marriage is endemic, it is just that the mode has changed for most with Facebook.
In Chennai, a woman dragged her husband to court after she found a picture of him in a “compromising” position with another girl on the page of a friend of her friend. “It was a recent picture,” she claimed, citing it as evidence. He is denying the charges in court.
Senior lawyer Sunil Mittal from Delhi said: “Photographs posted by friends or even husbands and wives are finding their way into divorce battles in a big way.”
Families frown at “inappropriate status updates, comments and photographs”, said veteran family court lawyer Tara Hegde. In an ongoing case, a man moved court after he found out what his wife was really up to from her FB status updates. “People tell the court one thing, but post the truth online. Facebook exposes a person for what he or she really is,” Hegde said.
A lawyer said Facebook has opened avenues to help reinforce suspicions. In Mumbai, a woman, newly married, refused to consummate her marriage. Her husband was patient, said advocate Hegde, till he stumbled on to her FB profile page — it had pictures of her with many male friends. Now, he has filed for annulment with FB pictures as evidence.
The Bandra family court right now is struggling to figure out where to even send summons to a “wife” who a man says he married after meeting on Facebook.
“I am trying to make the world a more open place,” says FB founder Zuckerberg. Millions like him for it, but some are now clicking “unlike.”
Ruchika Girhotra case: Family gives up fight against ex-Haryana DGP
http://articles.timesofindia.indiatimes.com/2012-06-02/chandigarh/31983548_1_ruchika-girhotra-ruchika-case-suicide-and-doctoringAjay Sura, TNN Jun 2, 2012, 04.09PM IST
CHANDIGARH: The family of Ruchika Girhotra, a minor girl who allegedly committed suicide after molestation by former Haryana director general of police (DGP) SPS Rathore, has given up its fight for justice in the court of law after 22 years.
The special CBI court Panchkula on Friday accepted the closure report submitted by the Central Bureau of Investigation (CBI) in two cases – attempt to murder and forgery of documents- filed against former Haryana DGP SPS Rathore.
Ruchika’s father Subhash and brother Ashu raised no objection to the closure report.
Admitting that he was not in a position to pursue the matter further, Subhash said, “I do not see any hope now. We feel cheated. My family is vulnerable. The circumstances have pushed us back by 20 years.”
“When Rathore was convicted in 2009, I met union home minister P C Chidambaram who assured me of justice. I thought time and system had changed and dared to move fresh complaints against Rathore.” On January 12, 2010 the CBI registered three fresh FIRs against Rathore – attempt to murder, abetment to suicide and doctoring of documents. However, in November 2010, the CBI submitted the closure report in two cases. The closure report was accepted by the court on Friday.
“But now after finding that the system cannot be changed, we decided not to pursue it further,” Girhotra said.
Ruchika’s disillusioned father said that he had presented a lot of material and some witnesses related to the fresh cases before the agency. “But the agency was adamant on closing the case.”
Subhash forced his son and family into exile after Ruchika’s death, fearing further harassment at the hands of the former DGP. During this period, the family shifted between several cities and returned to Panchkula many years later only to lead an inconspicuous life.
The third case against Rathore- abetment to suicide – is still pending. The CBI could not file any report as the Punjab and Haryana high court has ordered status quo on it. Besides Rathore, former Ambala SP KP Singh, sub-inspector Prem Dutt and assistant sub-inspectors Jai Narayan and Sewa Singh were also named in the FIR.
In its closure report, the CBI has said that the allegations levelled by Subhash Girhotra and his son Ashu against Rathore were unfounded. The CBI also claimed that the allegations could not be substantiated “as per the documentary evidence and oral testimony of witnesses.”
Ruchika Case—Timeline
August 12, 1990– SPS Rathore, then IG and President, Haryana Lawn Tennis Association (HLTA) molested Ruchika
September 1990–Ruchika expelled from school for ‘indiscipline’ following her allegations against Rathore
September 3, 1990– An Inquiry report indicts Rathore
October 23, 1993– Ruchika’s brother arrested in several theft cases
December 28, 1993– Ruchika consumed poisonous substance
December 29, 1993– Ruchika died
August 21, 1998– High Court directs CBI to conduct inquiry
December 21, 2009– CBI court sentenced six months’ rigorous imprisonment to Rathore
January 12, 2010– CBI registered three fresh FIRs leveling charges of attempt to murder, abetment to suicide and doctoring documents
November 10, 2010– CBI filed closure
Civic polls to be held within six months in Puducherry
http://ibnlive.in.com/generalnewsfeed/news/civic-polls-to-be-held-within-six-months-in-puducherry/1006728.html
PTI | 06:06 PM,Jun 02,2012
Puducherry, Jun 2 (PTI) The State Election Commission in Puducherry has launched steps to conduct civic polls in six months in keeping with the directives of Madras High court. The term of office of all the civic bodies ended in July last year and have since been officially administered. The High court gave the directive to Puducherry administration in March this year to hold civic polls within six months in a PIL filed by CPI-M’s Puducherry unit seeking posting of the State Election Commissioner and holding of polls. The SEC had since been appointed and former Secretary to Lt Governor R.Udipta Ray has taken charge as SEC. Officer on Special duty (Civic elections) K.Uthaman said in a release that the electoral rolls for the civic polls would be prepared on the basis of the voters list published by the Election Department for the last Assembly polls here. The Union Territory had the first civic polls in June/July 2006 after 38 years under the Puducherry Municipalities and Village and Commune Panchayat Act of 1973. N.Rangasamy, the present Chief Minister heading the AINRC government, had headed the Congress ministry in 2006 when the last civic polls were held here.
| Woman along with two others convicted for murdering husband |
| http://www.business-standard.com/generalnews/news/woman-alongtwo-others-convicted-for-murdering-husband/16328/ Press Trust of India / Mohali June 02, 2012, 21:55 |
| A woman along with her paramour and one of his accomplice were today
convicted by a sessions court here for killing her husband six year
ago.
Additional District and Sessions Judge, Rajinder Singh Rai, held Neki
Nalwa, her alleged paramour Himmat Singh Brandy and accomplice
Paramveer Singh guilty of the murder. Quantum of sentence will be announced on Monday. It was on December 4, 2005, when Sukhwinderjit Singh, an engineer in his late 20s, was shot dead while he was taking a walk with his wife near their residence in Sector 69. Victim’s aged parents had registered the case and fought a sustained battle for justice. Ever since they were arrested on December 7, 2005, Neki along with Brandy, both in their early 30s, had been lodged in Patiala Central Jail. However, Paramveer, who was accused of providing cartridge used in the crime, was out on bail. Though she had been claiming innocence, Neki had been denied bail repeatedly by the High Court as well as the sessions court. |
Court orders inquiry against cop for helping relatives
http://timesofindia.indiatimes.com/city/nagpur/Court-orders-inquiry-against-cop-for-helping-relatives/articleshow/13758700.cmsSoumittra S Bose, TNN | Jun 3, 2012, 06.20AM IST
NAGPUR: Ad hoc district and additional sessions judge KL Vyas has come down heavily on a sub-inspector of Nandanvan police station for falsely implicating three youths in a case of kidnapping to help his relatives who were upset over one of them proposing to a girl of the family. The cop also got help from a woman prosecutor who was a relative.
The court has asked the city police chief to conduct an enquiry against PSI CT Maske within three months of the judgment which was passed on April 30. Interestingly, Maske was promoted as assistant police inspector (API) and transferred to Bhandara a couple of months ago.
The court was shocked to learn that in the chargesheet Maske had shown that the accused Sachin and his brother Nitin Bhagwat and Pawan Naik were produced before the judicial magistrate first class (JMFC) on December 4 in 2009 even before they were arrested. The court observed that as per the arrest panchanama the three were produced before JMFC at 3pm while they were taken into the custody at 4pm later that day.
The case was about a teenager who was forcibly married after being kidnapped in November 2009. The court trashed the case after discovering that the incident of alleged kidnapping and subsequent marriage took place with the consent of the victim who was studying engineering at a private college at Wanadongri in Hingna.
It was after Sonali (name changed) returned after spending a month with Sachin that her family took Maske’s help to book the boy and the other two on trumped up charges.
Sonali’s family is a distant relative of Maske who got help from Nandini Thete, the advocate who assisted prosecution. Thate was the cop’s cousin. The court also observed that the five witnesses in the case were all from the same family, which included the teenager who was supposedly kidnapped, her uncle and parents.
The court pulled up Maske for conducting a shoddy investigation and sending the three to jail where they spent more than 10 days. While Maske recorded in his FIR that Sonali was kidnapped from Nandanvan while on way to college, her mother stated that her daughter was picked up from Kelvad while she was taking a walk. In her statement, Sonali had claimed that she was taken away from college.
The court criticized Maske for not verifying the place of kidnapping or where the girl was kept and the marriage solemnized. ‘Bogus and false case prepared in collusion with the family of the complainant with the help of their relatives and authorities concerned’ is what the court observed. The court also pointed out that the girl’s age was 19 years on the day of kidnapping and not 17 years as what Maske had mentioned.
The court also underlined the fact that the case was not only false and malicious but was also investigated in contrary to the provisions laid in law.
Man gets death penalty for rape, murder of 7-year-old
http://timesofindia.indiatimes.com/city/delhi/Man-gets-death-penalty-for-rape-murder-of-7-year-old/articleshow/13750510.cmsTNN | Jun 3, 2012, 01.54AM IST
NEW DELHI: A trial court has sentenced a person to death for raping a seven-year-old girl before killing her, as it stressed the need for courts to have zero tolerance for crimes against children.
Additional sessions judge (ASJ) Kamini Lau handed out the death penalty to Sanjay Kumar Valmiki, a resident of Haiderpur in north Delhi, saying there was only one sentence for a person convicted of raping and killing a child. The court also imposed a fine of Rs 1,61,000 on the convict stipulating that, if recovered, Rs 1 lakh should be given as compensation to the victim’s family.
Valmiki had raped and murdered the minor last year at the NDPL office in the capital when the girl had gone there in search of water. The matter came to light when the victim’s decomposed body was found from the NDPL office’s switch gear room after two days.
The court said there was a public outcry after the incident, and that if Valmiki had fallen into the hands of the mob, he would have been lynched. “This court cannot ignore the loud cry for justice by society in this case involving a heinous crime of rape on an innocent child and her grotesque killing, and will respond by imposition of proper sentence lest people loose faith in the judicial system and take law into their hands,” the judge said.
While expressing anguish over such heinous crime, Lau said a message should be sent to society that the judicial system in the country has “zero tolerance” for those “who mess with children” and “a single moment of madness can lead them to gallows”.
“In a country of Gautam Buddha and Mahatma Gandhi, governed by faith believing in sacredness of all living creatures, urging the avoidance of harm and violence and practicing ahimsa, the convict without a moment of remorse and regret even for once murdered the child and it is hence that the case falls in the category of rarest of rare cases,” the judge said.
The court said the convict committed an unthinkable act of ravaging the child’s body, which even an animal won’t do. “The injures on the body of the child, as many as 15 in number, speak volumes of the brutality and force with which the innocent child had been battered to death,” Lau said.
Conjugal rights cant be claimed after plaint
http://ibnlive.in.com/news/conjugal-rights-cant-be-claimed-after-plaint/263816-60-118.htmlT S Sekaran
CHENNAI: A woman, who has lodged a police complaint against her husband and in-laws alleging that they have subjected her to cruelty, cannot expect restitution of her conjugal rights, the Madras High Court has observed.
A division bench comprising Justices Elipe Dharma Rao and M Venugopal made the observation on May 30 last, while granting divorce to K Ramesh from his wife, daughter of a former MLA.
Based on the complaint for offences under two sections of the IPC and the Dowry Harassment Act, Ramesh and his parents were incarcerated in prison for 22 days. When they applied for advance bail before the arrest, the wife had also gone to the extent of filing an intervening petition opposing grant of any relief to them. They were, however, acquitted of the charges by the Sessions Court/Mahila Court after 22 days of detention in prison, the bench noted.
“All these acts by the wife clearly constituted mental cruelty meted out to the husband and his parents, who admittedly would have undergone a traumatic experience and humiliating affairs in the social circle.� Certainly it would amount to causing cruelty to the husband and fall within the ambit and purview of cruelty and therefore, the husband is entitled to get the relief of divorce,” the bench said after listening to the arguments of senior advocate P Wilson.
When there was a love lost between the husband, his parents and the wife, it was not the prudent course of action for the wife to file a petition seeking restitution of conjugal rights nearly two years after Ramesh filed the petition for divorce and on that basis it was inequitable for the court of law to grant her relief, the bench observed.
The bench added that the marriage between the parties had become emotionally dead and the marriage tie betwen them had irretrievably broken down. Moreover, the element of separation between the parties unerringly pointed out that there was an intention to bring cohabitation parmanently to an end and the differences of opinion between the spouses were not to be considered as temporary passions or the normal wear and tear troubles/problems in family life.
Man awarded 6 years’ jail term
http://timesofindia.indiatimes.com/city/patna/Man-awarded-6-years-jail-term/articleshow/13753167.cmsTNN | Jun 3, 2012, 03.29AM IST
DARBHANGA: The court of the adhoc additional district and sessions judge (ADJ)-4, Darbhanga, Sunil Kumar Singh on Thursday sentenced one, Md Munna, of Harlakhi village in Madhubani district to six years imprisonment and a fine of Rs 5,000 for drugging a train passenger, Md Rizwan, at Darbhanga railway station on May 1,2008, making him unconscious and robbing him of all his belongings.
According to Darbhanga PP B K Singh, when Rizwan of Bisfi village in Madhubani district got down from the train at Darbhanga station for going onwards to his village, Munna befriended him and offered tea mixed with an intoxicating drug. The accused hired a rickshaw and he, along with the victim, sat on it and reached Ahilapur Ghat under Bahadurpur PS in Darbhanga district. By that time Rizwan became unconscious, all his belongings had been looted by the accused.
Meanwhile, the rickshaw-puller had raised a hue and cry. The accused was caught by the people. Chowkidar Bishwanath Paswan lodged a case against Munna with Bahadurpur police station. On March 31, 2009, the court framed charges against him.
The prosecution presented 12 persons as witnesses in this case during trial. The court held Munna guilty on May 29 and announced the quantum of punishment on Thursday. Munna has been in judicial custody since May 1, 2008.
Custody extended for Kazmi; Delhi Police get 90 days more for probe
http://www.thehindu.com/news/national/article3483945.eceStaff Reporter
Investigation will now extend to foreign countries, say police
A court here on Saturday allowed a police plea seeking extension of the custody of journalist Syed Mohammed Ahmed Kazmi, who is suspected of involvement in the February bomb attack on an Israeli diplomat here.
Mr. Kazmi, who was arrested on March 6, would have completed 90 days in custody on June 3.
The application of the Delhi Police Special Cell was moved under the stringent Unlawful Activities (Prevention) Act, which allows a suspect to be kept in custody for 180 days from the date of arrest, during which time a charge sheet has to be filed. Otherwise, the suspect will become automatically eligible for bail.
Remand till June 22
Extending judicial remand till June 22, the court also allowed the Special Cell to continue its probe for another 90 days, while Mr. Kazmi is kept in judicial custody. Police sources said the investigation would now extend to some foreign countries too.
Chief Metropolitan Magistrate (CMM) Vinod Yadav passed the order after stating he would have to go through the entire investigation record to satisfy himself that investigation was progressing properly and that a “specific reason for detention of the accused beyond 90 days is made out.”
The public prosecutor sought in-camera proceedings on the ground that the Special Cell findings had to be protected at this stage of the case.
A police source said a Letter Rogatory was being sent to Georgia and Israel and LRs were also being sent to Iran, Malaysia and Thailand seeking information on the suspects, their movements and records of mobile phone call details. A special team, besides seeking information on mobile phone call detail records of the suspects from Georgia, Thailand, Malaysia and Iran, will, if necessary, visit these countries. The Delhi Police suspect that the series of blasts in India, Georgia, and Thailand in February were targeted at Israeli diplomats and that there was a common conspiracy.
Notice to Delhi Police
In another development, the CMM issued notice to the police asking them to reply to an application, filed on behalf of Mr. Kazmi, seeking a detailed inquiry, and initiation of legal action and registering of a criminal case against the persons responsible for “illegal removal/possession and production of the remand papers” in the case.
The application requested the court to pass an order to get the remand papers, including original remand applications and original orders, verified and scientifically examined by the Forensic Sciences Laboratory to rule out forgery/manipulation.
Mr. Kazmi also demanded that he be unconditionally released, saying he was “illegally detained under the force of unsustainable orders.” He said the remand orders could not be taken as “legal/sustainable” until they were “examined and established upon examination by the FSL and/or any other expert in this field”.
Additional Sessions Judge (ASJ) S. S. Rathi had on May 25 set aside the CMM’s May 1 order declining certified copies of the judicial/police custody remand applications to Mr. Kazmi’s counsel, Mehmood Pracha. After perusing the remand applications/orders, the ASJ said the CMM’s order of March 7, granting the Special Cell 20 days’ police custody for Mr. Kazmi, was “handwritten so poorly, that it is almost illegible.” The remand applications/orders were initially missing, but were produced before the ASJ, a few hours after the proceedings began, by the staff of the CMM’s court who said the papers were misplaced in another file.
(With inputs from Devesh K. Pandey)
Indian Council for Cultural Relations ex-DG, three others face trial for trafficking
http://timesofindia.indiatimes.com/city/delhi/Indian-Council-for-Cultural-Relations-ex-DG-three-others-face-trial-for-trafficking/articleshow/13750313.cmsSmriti Singh, TNN | Jun 3, 2012, 01.36AM IST
NEW DELHI: A former director general of Indian Council for Cultural Relations (ICCR), along with three others, is all set to face trial with a special CBI court ordering the framing of charges against them for their alleged involvement in trafficking nine people to Germany in 2005.
Special CBI judge Kanwaljeet Arora said there was “prima facie” evidence that the accused, including Rakesh Kumar, the then DG ICCR, misused his official position and collected ill-gotten money from the persons who defected in Germany for including them in the “so-called cultural group” so as to facilitate their entry into a foreign land.
The court ordered framing of charges against Rakesh Kumar, Shiv Kumar Sharma — the then Punjab Agriculture University employee, Balwinder Bawa — a Punjabi singer, and Gurbhej Singh — constable of Punjab Armed Police, for cheating, forgery and criminal conspiracy under the Indian Penal Code.
“Rakesh Kumar used his official position.. to ensure empanelment of the group on the basis of forged documents for extraneous consideration in cash and kind. It is further apparent.. the accused persons had included such persons in this group, who were not the Bhangra artists with the knowledge that they would defect as and when sent abroad for extraneous considerations, which infact they did,” the court said while fixing June 8 for framing of charges.
A bogus cultural group ‘Mehak Punjab Di’ was formed in 2005 after Harghulab contacted Sharma for sending his son Randeep abroad, it said. Harghulab Singh, a Punjab-based farmer, however later turned approver and was granted pardon.
Innocent until proven guilty
http://www.deccanchronicle.com/360-degree/innocent-until-proven-guilty-012June 3, 2012
- By S. Ramachandra Rao
This may or may not be true depending upon the final adjudication by competent courts. As of today, several people may suspect him of illegal enrichment, but there are three stages in any case which require attention. As long as it is suspicion or as long as such issues are raised in the media, they do not establish anything.
At the second stage, when a reputed investigating agency is entrusted by the High Court to probe the allegations, several considerations are involved and are implicit in both Constitutional law and criminal law. Any citizen, for legal purposes, is presumed innocent till the competent courts declare him guilty. Secondly, every citizen is entitled, whether guilty or not, to be properly and fairly investigated and is entitled to two things i.e. equality before law and equal protection of laws.
In all the cases against Jagan, without going into the truth of the charges levelled against him, two basic infirmities stare at us: whether the premier investigating agency i.e. the CBI, is acting fairly and impartially or whether it is being remotely controlled by the Central or state governments. Secondly, whether the proceedings in court against him by the CBI are uniform in accordance with law or whether special procedures are being adopted for extraneous or political considerations.
Suspicions apart, where cases are launched for violating the penal provisions of the law either by way of breach of trust, conspiracy or misappropriation of public funds, it is not for the accused to establish that he is innocent. The presumption in law is that he is innocent till proved guilty. That is an essential procedural safeguard provided in criminal law and constitutional law expects fair and non-discriminative investigation.
When the state or its agencies act differently, the citizen is entitled to be protected by the principle of constitutional equality.
The other important aspect in these cases is that Jagan was not a public servant till 2009, when he became an MP, which is not an office of profit. Criminal misconduct, as defined under the Prevention of Corruption Act, is applicable only for public servants when they hold posts in public services. Under the Indian Penal Code, having properties of any magnitude by any citizen is not an offence by itself; though one is answerable under financial laws including Income Tax. There can be no question of a citizen holding any properties, huge or small, being charged under Criminal Misconduct of Disproportionate Assets under Section 13 E of Prevention of Corruption Act, 1988, which is applicable only to public servants.
If he is to be treated as a public servant, then sanction by the appointing authority is mandatory under Section 19 of the Prevention of Corruption Act, 1988. The Lok Sabha Speaker never gave any sanction to proceed against Mr Jagan Mohan Reddy. As far as he is concerned, unless the links are established, the money or properties he allegedly possesses cannot be presumed to be tainted till established by the courts.
There can be no trial and conviction of any person, either by opposing politicians or by a motivated media.
S. Ramachandra Rao is a senior advocate and ex-advocate general
Engineer gets 10 years in jail for wife’s suicide
http://www.thehindu.com/news/cities/chennai/article3480762.eceR. Sivaraman
Victim agonised over his extra-marital affair
A Mahila Court on Friday sentenced a software engineer to 10 years’ rigorous imprisonment (RI) for abetting his wife’s suicide, five months after their marriage.
Meena Satheesh, Judge of Mahila Court said, “Since the accused is responsible for his wife’s suicide, merely five months into their marriage, no leniency should be shown to him.”
The Judge held S. Veeraraju alias Savakula Veeraraju (30), a software engineer, guilty for offences under Sections 306 (abetment of suicide) and 498 A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal code.
She sentenced him to three years’ RI and imposed a fine of Rs. 5,000 under section 498 A, and ten years’ RI and a fine of Rs. 20,000 under section 306.
He will have to serve the maximum term of 10 years.
According to the prosecution, Veeraraju tied the knot with Durgambika in Andhra Pradesh on June 15, 2006 even though he was in a relationship with another woman. Three days after the wedding, he left for Bangalore, where he worked as a software engineer.
From there, he contacted his wife and informed her about his intention to continue his extra-marital relationship. Following this, Durgambika left for her parents’ home. A few months later, when Veeraraju was transferred to Chennai, Durgambika’s father brought her back but the couple failed to make their marriage work.
Unable to bear the agony, Durgambika consumed poison on November 2, 2006, and died the next day, the prosecution said. Her father then lodged a complaint with the police.
In her order, the Judge said it was clear that the deceased was mentally harassed by the accused and hence, deserving of the punishment.
Acharya to go on trial
http://www.deccanchronicle.com/channels/cities/hyderabad/acharya-go-trial-001June 3, 2012
Chief Minister N. Kiran Kumar Reddy on Saturday gave the go-ahead for prosecuting senior IAS official B.P. Acharya while denying the same for Tirumala Tirupati Devasthanams Executive Officer L.V. Subramanyam. The Chief Minister met advocate-general A. Sudarshan Reddy on Saturday morning and held a detailed discussion on the matter before taking the decision.
Mr Acharya, who is already in jail and is facing charges under various sections of the Indian Penal Code, would now have to face charges under the Prevention of Corruption Act. Sources said that the Chief Minister, after careful and extensive examination of the material furnished by the CBI and the response from the concerned officer (Mr Acharya), decided to recommend to the Governm-ent of India for prosecution of the IAS officer under the Prevention of Corruption Act.
Regarding Mr L.V. Subramanyam, the Chief Minister, after perusal of relevant records, decided not to recommend permission for prosecution. The CBI had also sought permission to initiate prosecution proceedings against Mr Subramanyam. According to Section 197 (1) of the CrPC, permission is must before the investigating agency proceeds to prosecute an official under the Prevention of Corruption Act.
Man sentenced to 3 years imprisonment
http://ibnlive.in.com/generalnewsfeed/news/man-sentenced-to-3-years-imprisonment/1006681.html
PTI | 04:06 PM,Jun 02,2012
Madurai, Jun 2 (PTI) A Magistrate court here has sentenced a person to three years imprisonment for issuing fake documents to enable some accused get bail. Judicial Magistrate Umamaheshwari said the accused had helped anti-social elements and had made the entire judiciary a laughing stock. The Magistrate sentenced him to three years imprisonment under five IPC sections including cheating, forgery and cheating the judiciary and said the sentences would run concurrently. Ravichandran was arrested on December 21,2004,when he was moving around suspiciously at Koodalnagar.Seals of village administrative officers and that of the panchayat President and other officials were seized. He had issued fake property tax receipt, patta and ration card to enable some accused get bail.
AP HC dismisses Jagan petition against arrest
http://www.deccanchronicle.com/channels/cities/hyderabad/ap-hc-dismisses-jagan-petition-against-arrest-032June 3, 2012
The Andhra Pradesh High Court on Saturday justified the arrest of YSR Congress party president and Kadapa MP Y.S. Jagan Mohan Reddy in the illegal investments case by the Central Bureau of Investigation. While dismissing a writ and also a criminal petition by Jagan seeking declaration of his arrest as illegal, Justice B. Chandra Kumar said that there was nothing mala fide in the arrest of the petitioner.
Jagan Mohan Reddy had alleged that the CBI had arrested him under political pressure from Delhi to prevent him from taking part in the election campaign in the ensuing by-polls. The judge said that the CBI had arrested the accused fearing that he would influence witnesses and tamper with evidence by misusing his position as MP and party president. The judge said that there was evidence for the apprehension of the CBI as some of the witnesses who were prepared to depose against the accused in the case, had refused to give their statement before the magistrate. The CBI has shown the case dairies to the court in this regard, the judge added.
The judge dismissed the pleas of Jagathi Publication, V. Vijaya Sai Reddy and Y.S. Jagan Mohan Reddy seeking a direction from the court to declare the action of the CBI court as illegal, by taking cognisance of the CBI chargesheets in the case. The judge also dismissed the pleas by Jagathi Publications by issuing a summons in the case.
HC: No interim bail plea from Jagan pending
Justice B. Chandra Kumar of AP High Court on Saturday made it clear that no application is pending before the court to grant interim bail to YSR Congress president Y.S. Jagan Mohan Reddy and let him participate in the election campaign. While allowing a plea by the CBI, seeking a direction to set aside the CBI court’s order in remanding Jagan Reddy under Section 309 of CrPC, Justice Kumar observed that the question of granting interim bail dose not arise since there was no application from the petitioner.
Section 309 of CrPC specifies that a trial court should remand an accused after completion of probe and taking cognizance of offence, while Section 167(2) CrPC stipulates a trial court to remand an accused till the probe is over. Setting aside the CBI court’s order, Justice Kumar remanded Jagan under Section 167(2) of CrPC.
HC seeks reply on tiger task force delay
http://timesofindia.indiatimes.com/city/lucknow/HC-seeks-reply-on-tiger-task-force-delay/articleshow/13753339.cmsTNN | Jun 3, 2012, 03.34AM IST
LUCKNOW: Taking cognizance of three tiger deaths in UP within a week, the high court has asked the Central and state governments to explain why the proposed Special Task Force for protection of tigers in the national parks not been constituted yet.
The court has also directed state government to set up the task force before July first week.
The court will hear the case in July first week.
The order was passed by a division bench of Justice Uma Nath Singh and Justice VK Dixit on a PIL seeking directions to the government for constitution of the force.
The Central government’s counsel told the court that the Centre has released the funds and now the onus is on the state to set up the task force.
The idea of setting up a dedicated tiger protection force was mooted by Prime Minister Manmohan Singh on November 5, 2007. Dudhwa, along with 16 tiger reserves in Madhya Pradesh, Karnataka, Uttarakhand, Assam, Tamil Nadu, Odisha and Bihar was nominated to be manned by the special task force to accord protection to the dwindling population of big cats against rampant poaching.
The task force will comprise forest guards and locals. Besides shortage of forest guards, most of them are old too, said sources.
Dudhwa, in 2008, was sanctioned one company of 120 trained personnel for STF. The company was to be headed by an assistant commandant, deemed to be at par with an assistant superintendent of police.
The National Tiger Conservation Authority (NTCA) was expected to bear the expenses for arms and vehicles for patrolling and other logistics involved.
The specialised force was to be recruited by the state home department as per the rules and regulation finalised by the state government and the Centre. Its recruitment and deployment was meant to be confined to man the tiger belt alone. The state government was to make arrangements for training of the personnel and setting up the infrastructural support required.
Meanwhile, additional advocate general, UP, Zafaryab Jilani said he would seek instructions from the state government on the issue.
Finally, Italian naval guards out of jail on bail
http://timesofindia.indiatimes.com/india/Finally-Italian-naval-guards-out-of-jail-on-bail/articleshow/13755043.cmsTNN | Jun 3, 2012, 04.34AM IST
KOCHI: Two Italian naval guards arrested in connection with the February 15 high-sea killing of two Indian fishermen were released on bail on Saturday.
The naval guards — Massimiliano Latorre and Salvatore Girone — left the borstal school, where they had been lodged since May 25. They were shifted from the central prison in Poojappura, Thiruvananthapuram, to the school following Italy’s request. The Italians, who left the school around 9.30pm on Saturday, would be staying at Trident Hotel in Willington until the completion of the trial.
The marines of Italian navy’s San Marco regiment, who were taken to a judicial first class magistrate court in Kollam, were returned to the borstal school in the evening. Later a team of officials, including consul general Giampalo Cuttilo, followed them to Kochi with the bail bond.
They were released after Italy, on behalf of the naval guards, furnished a surety of Rs 1 crore. While pronouncing the bail conditions, the HC had directed them to reside within 10km from the office of the Kochi police commissioner. They were also ordered to report to the police commissioner’s office daily. The Italians were part of the security personnel on board the Enrica Lexie. The naval guards had opened fire at St Antony, an Indian boat, reportedly mistaking its crew for pirates. Fishermen Ajesh Pink and Valentine were killed in the incident.
Reserve 25 pc for poor in every class: HC
http://www.deccanherald.com/content/254118/reserve-25-pc-poor-every.html
Ashish Tripathi, June 2, 2012, New Delhi:
Schools admitting new students to any class will have to reserve 25 per cent of their seats for children belonging to weaker sections and disadvantaged group following the mandate of the Right to Education (RTE) Act, the Delhi High Court has held.
A bench comprising acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw passed the order after a PIL (public interest litigation) was filed by an NGO apprehending that schools making admissions were not following the reservation criterion set by the RTE Act. The court had also sought clarification from the Department of Education (DoE) regarding reservation of seats in schools.
The bench further explained that the schools, which are imparting pre-school education, would have to provide 25 per cent reservation to children belonging to EWS and disadvantaged groups at the pre-school level.
The schools, which do not have pre-school education and are admitting children in class I, should provide 25 per cent reservation to children belonging to weaker section and dis-advantaged groups.The bench also pointed that the interpretation given by it was in consonance with the historic judgment the Supreme Court upholding the Constitutional validity of the RTE Act. The Act is to be applied from the academic year 2012-13.
NGO Social Jurist approached the court seeking direction for enforcement of certain facets of the RTE Act.
It referred to an order issued by Delhi government’s Director of Education (DOE) on May 18, which had deferred the direction to schools for filling vacant seats under the EWS and disadvantaged category in classes other than pre-school and pre-primary, till receipt of clarifications from the Union government’s Ministry of Human Resource Development.
The NGO contended such a deferment would delay the admission to other classes, till beyond the beginning of the academic session, and would lead to the seats remaining vacant for the current academic year.
The DOE submitted that the unaided schools were interpreting the provision of the Act to mean that they are obliged to admit students belonging to EWS and disadvantaged group at entry level only and not at any other level, even if they were making admission at any other levell.
The court clarified the position making it mandatory for the schools to follow the Act by directing them to admit students from that group at each level and not confine it to only at entry level.
Truthful in mosque, not in court: HC calls it sin
http://www.indianexpress.com/news/truthful-in-mosque-not-in-court-hc-calls-it-sin/957188/0Utkarsh Anand : New Delhi, Sun Jun 03 2012, 01:56 hrs
HE was a ‘truthful’ man who never lied when in a mosque, but in a court of law he withheld the truth — on two occasions.
The Delhi High Court has held Mohd Shamim guilty of contempt of court and called his lying in court a “sin”.
“For those who believe in God, God is omnipresent in whatever form and it is the inevitable truth. Thus, for the believers of God, He is present in every form, all pervasive and ubiquitous — in the mosque as well as in court and more importantly in our hearts,” said Justice Kailash Gambhir.
The judge noted that courts are often referred to as “temples of justice” and asked “how one can be untruthful before the temple of justice, and be truthful at the place of worship,” said Justice Gambhir.
Shamim and his brother have been embroiled in a dispute, which was resolved with the latter agreeing to pay Rs 5 lakh in settlement. While the brother claimed that he had made a payment of Rs 1 lakh in March this year, Shamim refused to acknowledge the receipt and moved the court. In the court, both the brothers stuck to their claims and swore by the Quran.
Perplexed, the court by an unusual order on May 21 sent both of them to a nearby mosque to record their statements. A senior advocate and a Delhi Police DCP were appointed as court commissioners. While his brother reiterated about the compromise and having given Rs 1 lakh, Shamim took a U-turn and agreed in the mosque that he had received the money.
But once back in court, Shamim went back on his statement again and said no compromise was reached between him and his brother.
Incensed by his lies, the court issued to him a show-cause notice for contempt of court. Even though Shamim tendered an apology, the judge refused to let his act go unpunished, wondering how a litigant could lie in the court after swearing in the name of the God and speak otherwise in a place of worship.
“What is lamentable and pricks the conscience of this court is that the decree holder (Shamim) differentiated between the court and the mosque as if God is present only in the mosque and not in the courts,” said Justice Gambhir.
“The decree holder while swearing in the name of God in the courtroom not once but twice spoke untruth. But while in mosque he spoke the truth, which has not only perverted the course of justice but also questioned the sanctity of the oath administered in the court. The importance of the virtue of truthfulness is intrinsic in all religions and there can be no religion or scripture that does not tell us to speak the truth at all times,” said the court, putting the matter in July for pronouncing the punishment against Shamim.
HC suspends judge dealing with CBI cases
http://news.in.msn.com/national/article.aspx?cp-documentid=250102130Hyderabad, Jun 1 (PTI) Andhra Pradesh High Court has placed First Additional Special Judge for CBI cases– T Pattabhirama Rao under suspension after considering some information it received against the judge.
Incidentally, the judge had granted bail to former Karnataka Minister Gali Janardhan Reddy in the OMC illegal mining case last month, while he had rejected bail to IAS officer Y Srilakshmi, another accused in the OMC scam.
Though, following an appeal by the CBI, the High Court had kept under suspension till June 5 the orders on granting bail to Gali.
Registrar General (Vigilance), who issued the order in this regard last night, said after considering the information received against the judge, the High Court decided that it was necessary to place him under suspension in public interest, with immediate effect.
While suspending Pattabhirama, the order further said he shall continue to be under suspension till the conclusion of the disciplinary proceedings proposed to be initiated.
Suspending the judge under Rule 8(1) of the AP Civil Services (CC&A) Rules, 1991, the HC further directed that Pattabhirama shall not leave Hyderabad without obtaining prior permission from it during the period the order remains in force.
Pattabhirama was appointed CBI court judge in April this year after three Additional Special CBI courts were opened at Gagan Vihar here.
In view of the development, Principal Judge for CBI cases, A Pullaiah, has been placed in full additional charge of the post of the First Additional Special Judge for CBI cases, the order said.
Appointment in commissions arbitrary, politically motivated: Shailesh Gandhi
http://www.hindustantimes.com/India-news/NewDelhi/Appointment-in-commissions-arbitrary-politically-motivated-Shailesh-Gandhi/Article1-865051.aspx
Chetan Chauhan, Hindustan Times
New Delhi, June 02, 2012
Email to Author
Information Commissioner Shailesh Gandhi has taken a dig at the government for the way commissioners are appointed and his own organization — the Central Information Commission — for slow disposal of cases.
Gandhi an IIT Mumbai Alumuni and the only non-bureaucrat in the CIC will retire on July 6. In his five years in the CIC, Gandhi had taken several initiatives in the commission including prescribing minimum limit of 3,500 for each commissioner to dispose cases in a year and citizen charter.
Before parting ways, Gandhi had questioned the way government appoints commissioners in commissions including CIC are appointed and parameters to evaluate their performance. “The way commissioners are appointed is totally arbitrary, politically motivated and non productive,” he told Hindustan Times in an interview.
While there is a process to appoint lower rank officials in these commissions, there is no such system for commissioners. “If there is no accountability these commissions will fail the citizens,” he said.
It truly holds for the CIC, which is mandated to ensure that citizens get information from the government in time. But, Gandhi feels that the present pace of disposal of cases the information commissions will fail to meet expectations of citizens.
“As per my calculation, there will be a backlog of around 80,000 cases in next four to five years. It will mean an appeal is heard after three years and by that time the information would have lost value for the citizen. There is a need to ensure that the citizen gets information fast or else the RTI will die,” he said.
To prevent death of the transparency law, Gandhi suggested that an information commissioner should dispose off 6,000 cases a year — as compared to existing CIC criteria of 3,200 per year —- and have people interested in their job to be appointed as commissioners.
He, however, refused to blame retired bureaucrats in the information commissions for slow pace of disposal of cases. “Even journalists in many states have a poor track record,” he said, that information commissions having journalists in Uttar Pradesh and Andhra Pradesh is taking years to dispose off the cases.
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LEGAL NEWS 01.06.2012
Posted on June 1, 2012 by advocatekamal | Edit
Apex court stays order in Karnataka cop’s case
http://www.newstrackindia.com/newsdetails/2012/06/01/308–Apex-court-stays-order-in-Karnataka-cop-s-case-.htmlNd,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.htmlExpress News Service
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-436May 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
http://timesofindia.indiatimes.com/city/bangalore/No-need-for-fresh-PG-dental-counselling-says-HC-bench/articleshow/13696205.cmsTNN | Jun 1, 2012, 04.50AM IST
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
http://timesofindia.indiatimes.com/city/allahabad/High-court-to-hear-on-authority-of-Lokayukta-on-July-10/articleshow/13695449.cmsTNN | Jun 1, 2012, 03.08AM IST
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 |
| http://www.business-standard.com/india/news/bse-eases-relisting-norms-for-suspended-companies/475952/ 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.
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.”
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Govt rules transparent’
http://timesofindia.indiatimes.com/city/jaipur/Govt-rules-transparent/articleshow/13695444.cmsAbhinav Sharma, TNN | Jun 1, 2012, 03.07AM IST
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
http://www.indianexpress.com/news/notice-to-haryana-on-pil-seeking-approval-to-run-schools-on-oneacre-land/956361/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/956396/0Express 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.htmlCNN-IBN
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
http://timesofindia.indiatimes.com/india/Raising-age-of-consent-for-sex-to-18-regressive-undemocratic-Court/articleshow/13694982.cmsSmriti Singh, TNN | Jun 1, 2012, 02.13AM IST
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-421May 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
http://timesofindia.indiatimes.com/city/jaipur/Motive-has-ceased-to-exist-Experts/articleshow/13695330.cmsTNN | Jun 1, 2012, 02.55AM IST
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
http://timesofindia.indiatimes.com/city/jaipur/Rajendra-Rathore-absolved-of-charges-in-Dara-fake-encounter-case/articleshow/13695173.cmsTNN | Jun 1, 2012, 02.36AM IST
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
http://articles.economictimes.indiatimes.com/2012-05-22/news/31815905_1_etisalat-db-telecom-disputes-settlement-tdsatPTI 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
http://www.hindustantimes.com/India-news/Gurgaon/17-months-on-Citi-scam-accused-walks-out-of-jail/Article1-864203.aspx
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.htmlLast 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.
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
http://economictimes.indiatimes.com/news/news-by-industry/services/retailing/veerappa-moily-warns-reebok-india-against-holding-back-information/articleshow/13695176.cmsNEW 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
http://timesofindia.indiatimes.com/city/mumbai/After-eight-tiger-deaths-in-Maharashtra-no-action-taken-to-prevent-poaching/articleshow/13695491.cmsPrafulla Marapakwar, TNN | Jun 1, 2012, 03.11AM IST
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
http://www.thehindu.com/news/cities/Coimbatore/article3476356.eceSpecial Correspondent
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.htmlExpress News Service
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
http://www.thehindu.com/news/states/karnataka/article3476973.ecePTI
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
http://timesofindia.indiatimes.com/city/hyderabad/HC-suspends-CBI-court-judge/articleshow/13694666.cmsTNN | Jun 1, 2012, 01.35AM IST
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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