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Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

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Saturday, August 9, 2008

DAILY LEGAL NEWS 09.08.2008

Pune based promoters win legal battle against Putzmeister AG, Germany http://machinist.in/index.php?option=com_content&task=view&id=1535&Itemid=2
Pune: Promoters of Pune based hi-tech construction equipment company Aquarius Engineers Pvt. Ltd., who are also the Indian promoters in the Goa based Joint Venture Company Putzmeister India Pvt. Ltd., won a major legal battle against Putzmeister AG, Germany in the Delhi High Court.
The Delhi High Court in its verdict dated 1st July 2008 has upheld the Government’s Order that Putzmeister A. G, Germany has violated Press Notes 1 and 3 of the Government of India in making an investment in its wholly owned subsidiary Dynajet Machinery India Private Limited, now known as Putzmeister Concrete Machines Limited.
The India promoters entered in to a JV Agreement with Putzmeister, Germany in 1997 for manufacture of Concrete Pumps. The JV Company has been performing in an excellent fashion and is expanding operations both in terms of manufacturing capacity as well new hi-tech products. Putzmeister AG formed a wholly owned subsidiary by the name Dynajet Machinery India Pvt. Ltd., in the year 2005, in the same field, without obtaining any prior approval, as required by the Indian Government Regulations commonly known as Press Notes 1 and 3. Putzmeister AG availed the automatic route via RBI for making investment in its wholly owned subsidiary.On learning about the same, Putzmeister India Pvt. Ltd., and the Indian Promoters complained to various authorities and filed a Writ Petition in the Delhi High Court. During the pendency of this Writ Petition, the Govt. of India gave its Order on 2nd April 2007 that a violation of the FDI Policy had occurred by Putzmeister AG making investment in its wholly owned Indian subsidiary and directed the Reserve Bank of India to take action.Putzmeister AG and its wholly owned subsidiary challenged the Order of the Govt. of India by filing a Writ Petition in the Delhi High Court. Both the Writ Petitions were heard by the Delhi High Court and by a Judgment dated 1st July 2008 the Delhi High Court has upheld the Government's Order.With the Delhi High Court's Judgment the investment made by Putzmeister AG in its wholly owned Indian subsidiary has come in difficulty. Action from the Reserve Bank of India and other authorities is awaited in the matter.Several cases pertaining to violation of Press Note 1 and Press Note 3 are being contested in Indian Courts. The verdict given by the Delhi High Court has been a Landmark Judgment in this matter. Written by Viswanath
Friday, 08 August 2008
http://machinist.in

Orissa High Court seeks report on Olive turtles
http://www.merinews.com/catFull.jsp?articleID=139084&catID=2&category=India

In India, Olive Ridley turtles are being killed in thousands by illegal trawling. The beaches, instead of being beacons of new life, have turned into mass graveyards. At least three cases related to the turtles are pending in the High Court.
ORISSA KNOWN for the biggest nesting centre for the rare Olive Ridley Turtles in the world, which has three mass nesting sites – at Nasi Islands in Kendrapada district, mouth of Devi river in Puri district and mouth of Rushikulya river in Ganjam district.

Olive Ridley turtles are endangered and protected under the Wildlife Protection Act of 1972. Trapping or killing an Olive Ridley Turtle can lead to imprisonment for seven years. Conservationists from across the world have been petitioning the Indian and state governments to protect the turtles.

A lawyer namely Rajiv Das Gupta had alleged that thousands of turtles were being killed every year due to neglection of the state government. A division bench of the Orissa High Court, comprising Chief Justice BS Chauhan and Justice BN Mohapatra, recently on Tuesday directed the chief secretary to the government of Orissa Ajit Kumar Tripathy to file a fresh report within two weeks on the basis of the petition filed .
Das Gupta said the state government had earlier filed a report in the court detailing actions taken by it to protect them. However, the court has rejected the report and asked the chief secretary to file a fresh one. The Orissa high court has asked the state government to submit a fresh report on the actions taken by it to protect endangered Olive Ridley Turtles.

Biswajit Mohanty, an environmentalist and coordinator of operation ’Kachhapa’ -- a turtle conservation group said, “at least three cases related to the turtles are pending in the Orissa High Court and Supreme Court. The courts have on several occasions directed the state government to protect the endangered turtles.”

Order lifting ban on SIMI 'flawed' : Home Ministry
http://sify.com/news/fullstory.php?id=14737010

New Delhi: The Union Home Ministry today said the Delhi High Court Tribunal's order revoking the ban on SIMI was "flawed" and there was no need for additional evidence to justify the ban.
"We have filed an appeal in the Supreme Court. We have mentioned in the appeal the grounds for which we feel that the order is not correct. We have clearly brought out in the reasoning why we think that the order is flawed," said Union Home Secretary Madhukar Gupta, when asked to comment on the issue.
Gupta said it was not correct on his part to go into the details of the judicial order but pointed out that the order has not made any comment on the substance of the allegations against SIMI that the Government had given.
"It has in fact said that these cannot be brushed aside. It has in fact said that no view is being expressed on the merits. Therefore we believe that the order is challengable and we have challenged it," he said.
Gupta said there was no need for additional evidence when the government went for an appeal in the apex court.
"You don't start giving additional evidence. So far as we are concerned, more than adequate evidence is there... very large number of witnesses are being examined," he said.
Friday, 08 August , 2008, 23:14
http://sify.com

SRK faces trouble over Mannat again
http://timesofindia.indiatimes.com/Mumbai/SRK_faces_trouble_over_Mannat_again/articleshow/3339743.cms

MUMBAI: Shahrukh Khan may soon face a legal battle over the construction of a seven-storied building in the backyard of his heritage bungalow 'Mannat'. A social worker has filed a PIL before the Bombay high court against the alleged illegal construction done by the actor while constructing his Bandra building. Advocate Y P Singh who drafted the petition alleged 32 violations of law, inclduing the significant charge that Khan had constructed one big building by merging permission for 12 separate flats meant for mass housing, as per his liability under the Urban Land (Ceiling and Regulation) Act, 1976. The PIL said the actor has also violated the Coastal Regulation Zone (CRZ) Notification, 1991, by getting his land classified in the relatively liberal CRZI, when, according to the petition, the plot was in the highly restrictive CRZ-II classification. Khan when contacted said there is a petition every day. I have no comment. My lawyers will see to it. The work on the bungalow has also violated the statutory Heritage Regulations, which stipulate that the new building has to be of the same height as that of the old building and that it should have architectural attributes in harmony with the old structure, the PIL which was filed in the court on Thursday said. The PIL also alleged neglect of Development Control Regulations. According to the PIL the construction was facilitated by the deletion of a reservation for a 'public road,' constituting the lane going to the historical Mount Mary Church. The petitioners said they had pointed out to the alleged violations in April 2008. But the authorities "failed to act''. Between 2001 and 2003, the PIL said the actor decided to construct an extra building on the rear compound and also proposed to construct an art gallery there. Later he sought the deletion of the reservation of an art gallery and applied for building permission to construct a building having Ground plus six floors with 12 flats meant for the government's mass housing programme.Yet, between 2004 and 2006, the PIL said that the actor merged the 12 flats to build one big palatial house.
8 Aug 2008, 0440 hrs IST,TNN
http://timesofindia.indiatimes.com

Hope for techies as Calf. SC trashes noncompete clause
http://economictimes.indiatimes.com/Techies_to_gain_as_Calf_SC_trashes_noncompete_clause/articleshow/3342310.cms

NEW DELHI: In what would have come as a sigh of great relief for techies in the Silicon Valley, the California Supreme Court has upheld the law which states that no employer can restrict employees from switching over to a competitor. In a decision announced on August 7, the California court, has indicated that an employee who has switched jobs is also free to solicit former clients after he has formally quit his earlier job, even if it were with a competitor. This could be a special reason to rejoice for Indian tech employees who are working with ace companies in the Silicon Valley but have felt constrained not to pursue better opportunities with other companies that fall in the realm of competition of their existing employers. In fact, it will also enable many tech professionals to branch out on their own as start-ups. “My husband who is a senior researcher with one of the digital imaging companies in CA has been going through a nightmare because he is bound by a noncompete clause and has not been able to switch jobs as there are only a few companies operating in his area of specialization. For over a year now, he has been working against his will in a company that he does not feel comfortable working for. Though he is still figuring out how he can benefit from the ruling, there is some hope that he and his friends can now either switch jobs or start their own venture,” says Bangalore-based Shrivatsla Bhatnagar. The "noncompete clauses" that restrict management employees' options in their next job or business had been a part of the California law that has been in existence since 1872. But the law has been interpreted differently throughout the state, and the 9th US Circuit Court of Appeals in San Francisco has ruled in favour of allowing a company to limit their employees' future job choices, as long as it doesn't prevent them from working in the same field. The underlying logic was to protect company’s intellectual property and prevent employees to take advantage of the gross labour arbitrage that has been existent in the technology sector. The new ruling has come as a response to the case of the Edwards vs. Arthur Andersen. The court took into account the agreement that was required of all managers working with the company, and read in relevant part: “If you leave the Firm, for eighteen months after release or resignation, you agree not to perform professional services of the type you provided for any client on which you worked during the eighteen months prior to release or resignation. This does not prohibit you from accepting employment with a client. For twelve months after you leave the Firm, you agree not to solicit (to perform professional services of the type you provided) any client of the office(s) to which you were assigned during the eighteen months preceding release or resignation.” According to the judgment document, the non-competition agreement that Edwards was required to sign before commencing employment with Andersen was invalid because it restrained his ability to practice his profession. In its final disposition, the court said that "Non-competition agreements are invalid...in California even if narrowly drawn.
" 8 Aug, 2008, 1530 hrs IST,PRERNA K. MISHRA, ECONOMICTIMES.COM
http://economictimes.indiatimes.com

SC clears Posco's Rs 51,000 cr steel plant
http://www.thehindubusinessline.com/businessline/blnus/27081737.htm

NEW DELHI: The Supreme Court on Friday cleared South Korean steel major Posco's plans to set up a Rs 51,000 cr mega steel plant and captive minor port in Paradeep, Orissa. A special environmental bench headed by Chief Justice K G Balakrishnan allowed Po sco India Pvt Ltd, a subsidiary of Korea-based Posco, to go ahead with the project, for which an agreement was signed with Orissa government on June 22, 2005.
Posco said that the government-owned Orissa Mining Corporation (OMC) had agreed to supply uninterrupted iron ore and other minerals for its 12 mtpa project. There was a tie-up with OMC to give raw materials and the mines which were identified were 300 k m away from the project site, it said. - PTI
Friday, August 8, 2008
www.thehindubusinessline.com

SC nod for Posco's Rs 51,000-cr plant in Orissa
http://www.ptinews.com/pti/ptisite.nsf/0/D5EA3D42EC187AB56525749F0049AA1B?OpenDocument

New Delhi, Aug 8 (PTI) The Supreme Court today permitted South Korean steel major Posco to set up Rs 51,000-crore mega steel plant and captive minor port in Paradeep, Orissa.A special environmental bench headed by Chief Justice K G Balakrishnan allowed Posco India Pvt Ltd, a subsidiary of Korea-based Posco, to go ahead with its plans.With this order, the apex court has also cleared forest diversion proposal for the plant site which require 1253.225 hectares of forest land.The court while directing the Orissa government to dispose of all the Posco's applications seeking prospecting licences within four weeks it also asked the state to send its recommendations to the Ministry of Environment and Forests, which would proceed in accordance with law.The bench also asked the state government to undertake implementation of compensatory afforestation plan under the supervision of a Supreme Court-appointed committee comprising top officials of the state government.Welcoming the decision, Posco India Senior General Manager Vikash Sharan said, "We reiterate our firm commitment to the project and are determined to move ahead in terms of land preparation and construction activities at full speed." Posco, the world's third largest steel producer, on June 22, 2005 entered into an MoU with the Orissa Government for a 12mtpa steel plant in the state.Posco counsel Mukul Rohtagi contended that the state government-owned Orissa Mining Corporation had agreed to supply uninterrupted iron ore and other minerals for its steel project and had identified mines in the western part of the state, some 300 km away from its project site."Unlike bauxite mines, there is no shortage of iron ore mines as India exports more than one million tonnes. The company can source raw materials on its own and can buy the same from the open market," he said, adding "We are not dependent on prospecting licence." PTI
www.ptinews.com

You need flogging to make you work, says SC on errant police
http://www.hindu.com/thehindu/holnus/001200808081968.htm

New Delhi (PTI): "In this country you need huntering (flogging) to make you work," the Supreme Court on Friday said while venting its anger on babus and top police officials for their failure to respond on an issue related to punishing errant cops who refuse to register FIRs on public complaints.
"Is this Ramrajya in this country...So this is swaraj. This is the concept of swaraj," said a bench of Justices B N Agrawal and G S Singhvi, while lamenting the attitude of the top bureaucrats and the frequent complaints of citizens that policemen do not register FIRs promptly.
While granting two more weeks to chief secretaries/DGsP and police commissioners to file their response, the apex court warned that if the top bureaucrats fail to respond it would direct their personal attendance in the next hearing.
The bench gave vent to its anguish as barring Uttar Pradesh and Arunachal Pradesh, no state or Union Territory had so far responded to its July 14 directions.
On July 14, the bench had ordered that a citizen whose his/her FIR is not registered can approach a judicial magistrate for direction to the police officer concerned to register the FIR.
Friday, August 8, 2008
www.hindu.com

Beijing Olympics: Shooting coach seeks SC's intervention
http://www.hindu.com/thehindu/holnus/001200808082078.htm

New Delhi (PTI): The Supreme Court will hear on Monday a petition filed by the coach of the Indian shooting team for the Beijing Olympics challenging the Uttar Pradesh government's decision to deny him permission to accompany the players to the sporting event which started on Friday.
Shyam Singh Yadav, employed with the UP Government, was refused permission to accompany the team by an order of July 24.
He had approached the Allahabad High Court which on July 31 had refused to grant him relief with an order that he can approach the state government again to convince the authorities about his indispensability to accompany the Indian shooting team.
Yadav's petition challenging the High Court order was mentioned by advocate Mohit Chaudhary before a Bench headed by Chief Justice K G Balakrishnan, which said it cannot pass any order at this stage but would give an urgent hearing to it.

Friday, August 8, 2008
www.hindu.com

PF scam: Apex court judge withdraws after charges
http://www.business-standard.com/india/storypage.php?autono=330823

First it was the Chief Justice of India, Justice KG Balakrishnan, who declined to hear the Rs 23-crore provident fund scam involving the country’s top judiciary. Today, the second seniormost judge, Justice BN Agrawal, withdrew from hearing the case when allegations grew thicker in a crowded courtroom.
Now, the two petitions, one moved by the Ghaziabad bar association and another by Transparency International, will be placed before the Chief Justice, who will have to set up another Bench to take up the issue again.
The hearing started on Tuesday and the judges were struggling to conceal their emotions about the charges against around 25 of their brethren in the Allabahad and Uttarkhand high courts and the lower judiciary. The name of one Supreme Court judge is also doing the rounds. The names of the judges have not been disclosed and many of them have since retired.
During the hearing yesterday, the Bench headed by Justice Agrawal virtually indicted the media for its coverage of the Aarushi murder case which defamed the family. The judges were pointing out how innocent persons could be defamed.
Today, when Transparency International counsel and former Union law minister, Shanti Bhushan, accused the judiciary of shielding the corrupt, the judges appeared to have reached their limit of tolerance. The presiding judge, Justice Agrawal, “recused” himself, that is, withdrew from the hearing.
The petitions seek a probe by an independent agency into the scandal and first information reports against the accused for allegedly siphoning off provident funds of Class IV employees.
The scandal blew up a few months ago when the chief administrative officer of the Ghaziabad district court and the main accused in the case, Ashutosh Asthana, confessed before a magistrate that around 36 members of the judiciary were either beneficiaries of the diversion of the funds from the district treasury or knew about it. The diversion was happening for at least seven years. Sixty-nine persons have been arrested to date and the Allahabad High Court is monitoring the probe.
The Supreme Court had also received unsavoury publicity last month when allegations appeared in the media that its secretary general had put fetters on an independent probe. He was reported to have asked the police investigators to submit to him a copy of the questionnaires sent to the accused. Since this was done at the instance of the chief justice in his administrative capacity, the judge had to withdraw from hearing the petitions in the interest of impartial proceedings.
Asthana has reportedly produced documents with signatures of 36 judges and their families named by him who allegedly got financial favours from him. He has also listed the names of the district judges who sanctioned the withdrawal of money. He has also named the judges who received household goods.
Bs Reporter / New Delhi August 08, 2008, 0:14 IST
www.business-standard.com

HC Bench declines to enhance sentence
http://www.hindu.com/2008/08/08/stories/2008080850420100.htm

Victim’s son had filed the petition
7-year jail term sufficient: Judge
MADURAI: The Madras High Court Bench here on Thursday refused to enhance the sentence imposed on four convicts who stabbed a 40-year-old cycle workshop owner to death at Tenkasi in Tirunelveli district 10 years ago.
However, Justice A. Selvam directed the convicts — Meeran Mydeen, Sheik Ali, Mohamed Ismail and Mohamed Haneefa — to pay a fine of Rs.10,000 each. The amount shall be paid as compensation to the son and a daughter of the deceased. In default, the convicts shall undergo six months of prison term in addition to seven years of rigorous imprisonment ordered by the trial court. M. Sheik Mohammed Syed, son of the deceased, had filed a criminal revision petition to enhance the sentence imposed on the convicts. Simultaneously, the convicts also had filed criminal appeals challenging their conviction and sentence.
Disposing of the cases by a common order, Mr. Justice Selvam confirmed the conviction ordered by the Fast Track Court-I in Tirunelveli in May, 2003. He also said that seven years of imprisonment was sufficient enough considering the gravity of the offence and the circumstances under which the incident took place.
The Judge directed the trial court to take necessary steps to incarcerate the convicts who were let out on bail by the High Court while admitting their appeals in 2003. The appeals, along with the revision petition, were transferred from the principal seat of High Court in Chennai to the Madurai Bench in 2004.
According to the prosecution, Mohideen Pitchai alias Chellappa of Tenkasi, was chatting with his aged mother, son and daughter outside his house on September 24, 1998, when the convicts entered into a wordy duel with him. Immediately, the latter stabbed him with a knife in the presence of family members.
Friday, Aug 08, 2008
Staff Reporter
www.hindu.com

HC grants bail to man accused of raping Briton
http://www.indianexpress.com/story/346147.html

Jaipur, August 7: A divison Bench of the Rajasthan High Court in Jodhpur recently granted bail to guesthouse owner Parbat Singh who was sentenced to life term on April 30 for raping an English tourist last December. The HC took note of the victim registering the FIR 18 days after the incident and the fact that the allegation of rape was not corroborated by medical evidence.
The victim had alleged that Singh had entered her room to give her a blanket and raped her on December 23 in his guesthouse at Chandpol in Udaipur. The FIR was lodged on January 9. On April 30, a fast-track court convicted and sentenced Singh for rape.
Singh’s advocate Sandeep Mehta said the Bench granted the bail on July 29 on grounds that the FIR was filed 18 days after the incident and that there was no medical evidence. He said the victim was admitted to a hospital after the rape incident, but did not tell doctors or her friends about the incident. He added that the earlier conviction was based solely on the victim's testimony.
Principal secretary tourism Mira Mehershi said the police had acted swiftly after the incident was reported and accused was convicted. “It is now a legal issue. However, we will have to wait and see whether this will affect tourism,” Mehershi said.
Express News Service
Posted online: Friday, August 08, 2008 at 0058 hrs
www.indianexpress.com

HC bans plastic bags in all city markets
http://timesofindia.indiatimes.com/Cities/Delhi_Ban_on_plastic_bags_in_all_mkts/articleshow/3339719.cms

NEW DELHI: In a major step towards tackling the plastic menace, the Delhi high court on Thursday extended the ban on plastic bags to all markets in the city. Since hotels, hostels and shopping malls have already been declared no-plastic zones, the new order, if strictly enforced, will significantly reduce the use of this ecologically hazardous material. The court also asked the Delhi government to increase the minimum permissible thickness of plastic bags from 20 microns to 40 microns and ordered the closure of all illegal recycling units in the city with immediate effect. A bench headed by Justice T S Thakur, responding to a PIL by Vinod Jain of an NGO, Tapas, asked the city government to consider the recommendations of the Justice Chopra committee. The panel, comprising Delhi Pollution Control Board chairman J K Dadoo, Central Pollution Control Board chairman J M Mauskar and retired judge R C Chopra, had sought the use of virgin plastic in place of recycled plastic, a ban on small plastic pouches and getting plastic manufacturers to set up a state-of-the-art recycling unit. While the government representatives chose not to talk about the order, saying they hadn't received a copy of the judgment, petitioner Jain said this was the first step in completely phasing out plastic bags from the city. "The court has banned the bag at all places where it is used the most. The only setback at this point appears to be the lack of a deadline for implementing the ban. The government may take forever with this order," he said. Experts, however, point to another huge problem that may occur after the order on closure of illegal recycling units is enforced. Delhi recycles about 1.2 million tonnes of plastic a year of which about 90% is done illegally, say industry insiders. In the process, the industry uses up about 50% of the city's plastic waste. At present, Delhi has no other mechanism for handling its waste and most of it finds its way to sewers and the Yamuna. As one expert asked, "Once the illegal units are shut, what is to happen to all this waste?" "Delhi Pollution Control Committee does not have sufficient staff for such an operation," a government official said. "Till some time back, DPCC did not even have a clear idea of the extent of illegal plastic recycling taking place in the city. The collection mechanism was based largely on ragpickers. While the order is good for the city, the government needs to plan out its course of action before implementing the order in a hurry." 8 Aug 2008, 0424 hrs IST,TNN
http://timesofindia.indiatimes.com

Gujarat HC asks NGO for info on riot victims
http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_asks_NGO_for_info_on_riot_victims_/articleshow/3340306.cms

Ahmedabad: Gujarat High Court, on Thursday, asked the rights-based organization Citizens for Justice and Peace (CJP) to produce details about people who sustained injuries and suffered economic losses during 2002 communal violence . A division bench of the High Court is hearing CJP's plea for just compensation for the riots victims - dead, injured and women, who were sexually abused - whose names are not there in the list for compensation prepared by state government. Meanwhile, CJP has produced the schemes for compensation granted by the Centre , the state government as well as the additions the organization proposes in the existing structure. The NGO has also produced details about victims to court, after an extensive survey done over the years. It has claimed that till date, 18,000 households who suffered during riots have not received compensation. The court has scheduled further hearing on August 25. TNN 8 Aug 2008, 0749 hrs IST,TNN
http://timesofindia.indiatimes.com

Two HC benches differ on TADA convicts' applications
http://www.hindu.com/thehindu/holnus/004200808081423.htm

Mumbai (PTI): Two benches of the Bombay High Court have differred upon the issue whether an application by 1993 Mumbai blasts convict can be entertained at all.
The matter will be now placed before the Chief Justice of High Court Swatanter Kumar.
While a bench at Mumbai entertained a 'furlough' (temporary release) application by a 1993 blasts convict, another bench at Aurangabad rejected a similar application early this week.
Under Terrorist and Disruptive Activities (Prevention) Act (TADA), any appeal from TADA court's order lies directly in the Supreme Court.
But in April this year, a bench at Mumbai entertained an application filed by Bashir Ahmed Usman Ali, a blast convict. Bashir, who was sentenced to life, had already completed 15 years in jail, so Court granted him furlough.
However, when a similar application was filed by Sardar Shahwali Khan, another convict who has got a life sentence for his involvement in the blasts conspiracy, Justice Santosh Bora of Aurangabad bench refused to deal with the application.
Shahwali's application had been rejected by Harsul (Aurangabad) prison authorities as Mumbai police had filed an adverse report regarding his conduct.
Bora held that in view of TADA act, any such application can only lie in the Supreme Court.
Friday, August 8, 2008
www.hindu.com

HC squashes order; relieves 4 naval officials
http://timesofindia.indiatimes.com/Mumbai/HC_squashes_order_relieves_4_naval_officials_/articleshow/3339883.cms

MUMBAI: The Bombay high court on Thursday quashed an order of an Indian Naval Tribunal punishing four naval officials (serving at INHS Ashvini) who were charged with leaking medical examination results of army recruits for monetary gains. A division bench of Justice Bilal Nazki and Justice Ashutosh Kumbhakoni held that the tribunal had not read out the charges to the officers during the summary trial in violation of the Navy Act, thereby vitiating the entire trial. "The right to a fair trial is an important fundamental right of a citizen of this country and no one can be deprived of it,'' said the judges. "A person facing a trial has to at least know what he is being charged for,'' they added. "No evidence was produced nor were the officers allowed to cross examine any one,'' said advocate A P Singh, who represented the petitioners. The petitions were filed by four navy officers who were serving as leading medical assistants at INHS Ashvini. The petition claimed that in August 2004, along with six others, they were escorted to INS Kunjali at Colaba where they were allegedly beaten up and a confession was extracted. They were subsequently convicted for taking bribes and leaking the medical tests between October 2002 and November 2003. 8 Aug 2008, 0531 hrs IST,TNN
http://timesofindia.indiatimes.com

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