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Wednesday, September 17, 2008

Daily Legal News 17/16.09.2008

Cong takes U-turn on terror law issue
http://www.ptinews.com/pti/ptisite.nsf/0/1EA761450766B6B5652574C700437A9A?OpenDocument
New Delhi, Sep 17 (PTI) Taking a U-turn, the Congress today said it was in favour of a strong law on terror with sufficient safeguard."We need a strong law on terror and also a federal agency to investigate into the cases of terror," Congress spokesperson Jayanthi Natarajan told reporters here.Earlier, the UPA government has been of the view that the existing laws were adequate to deal with terrorism and crimes having inter-state links.The demand of Congress comes in the wake of a similar calls for stringent law against terrorism by several parties including the BJP, which raised the issue during its recent national executive committee in Bangalore.The Administrative Reform Commission (ARC) chaired by Congress leader M Veerappa Moily in its reports too had recommended for a tough law on terror. PTI
www.ptinews.com

Shopkeepers allowed to demolish illegal structures
http://www.hindu.com/2008/09/17/stories/2008091750600100.htm
CHENNAI: The Madras High Court on Tuesday said unauthorised constructions by the members of the Ranganathan Street Merchants Association should be demolished by shopkeepers themselves after the Chennai Corporation marks the area as unauthorised.
This followed a writ petition by the association, represented by its secretary, N. Sukumar, in which it was submitted that the Corporation had orally instructed Asma Stores, Afsan Dresses and Suresh Watch Co, members of the association, to demolish the shops on the ground of encroachment without giving notice to them. The said shopkeepers had not made any encroachment. If at all any encroachment had been made, it was by one foot. The shopkeepers were willing to demolish the portion of the building which they had encroached as they feared that the Corporation would demolish the entire building, causing loss to the shopkeepers.
The petitioner said the Corporation’s threat to demolish the buildings of the shopkeepers was illegal and arbitrary. The authorities had failed to consider that a writ petition regarding encroachments on Ranganathan Street, T.Nagar, was pending before the court.
The association prayed the court to direct the corporation not to demolish the buildings of the three shopkeepers and the other members of the association. Disposing of the petition, the First Bench comprising Chief Justice A.K.Ganguly and Justice F.M.Ibrahim Kalifulla said the authorities would mark the area which had been unauthorisedly constructed and would ask the petitioner to demolish the same immediately. Thereafter, the petitioner should demolish the same on its own within two days.
If that was not done within the period, Corporation officials could demolish the offending structures.
The same direction would apply in respect of signboards and other such things which are protruding on the road. The said signboards should also be demolished on the basis of the direction, the Bench said.
Wednesday, Sep 17, 2008
Special Correspondent
www.hindu.com

SC Throws Out PIL on Flood Issue
http://www.patnadaily.com/news2008/sept/091608/sc_dismisses_pil.html
The Supreme Court on Tuesday threw out a Public Interest Litigation (PIL) earlier filed by an NGO Yuva Shakti seeking a probe into the alleged criminal negligence by the Bihar government that led to the breach in Kusaha dam on Kosi resulting in this year's devastating flood.Chief Justice K. G. Balakrishnan and Justice P. Sathasivam, after asking the lawyer of the petitioner if a preliminary investigation was conducted to establish the charges prior to bringing it to the Supreme Court, dismissed the case when the lawyer answered in negative.Since the allegations are based on some newspaper report with no facts to support them, the court deems the case without any merit and therefore would not entertain it at this time, the Court said.
Patna: Sept. 16, 2008
Wednesday, September 17, 2008
www.patnadaily.com

SC rejects PIL against Bihar officials on Kosi floods
http://www.indlawnews.com/Newsdisplay.aspx?ea256da3-bf88-4aa1-a9a3-1aba92431166
The Supreme Court dismissed a PIL seeking an investigation into the alleged criminal negligence by the concerned officials and bureaucrats of Bihar to fix responsibility for the devastating floods in the state, which uprooted millions of people.A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam refused to entertain the petition of Yuwa Shakti, an NGO, holding that the Court cannot interfere in such matters.The Court asked the counsel for the petitioner whether the petitioner made some investigation to find out if the state administration was negligent.The apex court also told G P Singh, counsel for the petitioner, that the petition was based only on press cuttings.The Kosi embankments had given way on Nepal side on August 18, leading to devastating floods which left hundreds dead and about 30 lakh people marooned and homeless in 15 districts of Bihar.Mr Singh, however, demanded an independent inquiry, alleging that the chief engineers had informed the state government authorities well in advance on August 6 that the embankments had been badly damaged and might give way any time. Notwithstanding that, no necessary steps had been taken.UNI
9/15/2008
www.indlawnews.com


Code of conduct for lower court judges
http://timesofindia.indiatimes.com/India/Code_of_conduct_for_lower_court_judges/articleshow/3491693.cms
MUMBAI: District court judges and other subordinate judicial officers may have to watch what they do when High Court judges and the Chief Justice of a High Court come a-visiting. Prompted by the embarrassing multi-crore provident fund scam that broke out in a UP court, the Chief Justice of India (CJI) sent out a 12-point 'model code of conduct for subordinate judicial officers in connection with visits of Chief Justice and judges of the High Court,' with a request that all high courts adopt and enforce it. The Bombay High Court, in its full-house judges' meeting recently adopted the unprecedented disciplinary code as it is. As a result, among a dozen 'donts' no judicial officer shall now "receive, see-off or visit a visiting Chief Justice or high court judges during court hours." Significantly, the CJI has had to spell out that 'no judicial officer or court servant will offer or provide any gift or hospitality to a HC judge or CJ.' Also 'No district court judge or magistrate will arrange any private trip, including excursions or visits to religious places for visiting HC judges or a CJ, nor will they arrange for any hotel, food or transport for such visiting HC judges, their staff or security personnel." Just last week the UP police identified 34 sitting judges, including an SC judge, as among those allegedly involved in the embezzlement of provident funds of class IV employees of Ghaziabad court. This development, just last week led Solicitor General Goolam Vahanvati and senior advocate Anil Dewan to cite falling standards and question the desirability of continuing the immunity judges enjoy from prosecution. A three judge SC bench hearing a plea on the issue observed that "the rot has set in" and that it was time to stem it wondering, however, whether the existing mechanism could still be effective.
17 Sep 2008, 0227 hrs IST, Swati Deshpande,TNN
http://timesofindia.indiatimes.com


Arrest BMW crash driver if need be, says HC
http://www.expressindia.com/latest-news/Arrest-BMW-crash-driver-if-need-be-says-HC/362233
New Delhi, September 16 Five days after management student Utsav Bhasin, 21, allegedly rammed his BMW on two youths, which left one dead on Saturday, the police today told the High Court that it had framed a non-bailable charge under IPC Section 304: culpabale homicide not amounting to murder.
Bhasin is accused of hitting Anuj Aditya Chauhan, 25, and friend Mrigank Srivastava — Chauhan, riding pillion on Srivastava’s bike, succumbed to injuries at AIIMS on Saturday.
Arrested day after the accident, Bhasin secured bail within hours since the police had booked him only for rash driving and endangering human life by causing “grievous hurt”. If found guilty under these provisions of IPC, Bhasin would have faced a maximum of two years in jail. Now, though, the maximum imprisonment can be up to 10 years under Section 304 IPC — the same charges under which Sanjeev Nanda was booked.
“We have amended the FIR and added Section 304 against the accused. Now it is for the trial court to decide under which section he is to be prosecuted,” the Delhi Police’s counsel submitted before Justice Veena Birbal.
The court, in turn told the police that they can “always arrest him (Bhasin) — it is a non-bailable offence. The respondent (Bhasin) can approach the court for bail.”
The High Court has already sought a response from police and the accused on a petition filed by victim’s father Rajender Singh, seeking cancellation of Bhasin’s bail.
Bhasin moved the court of Additional Sessions Judge Brijesh Garg for advance bail hours after the hearing at High Court.
His counsel Ramesh Gupta told the court, “There is no need to arrest the accused because all procedural formalities, including his medical tests, have already been carried out by police.”
ASJ Ravinder Kaur will take up Bhasin’s application on Wednesday.
The victim’s father, meanwhile, said “We are satisfied with the court’s intervention. We are hoping for justice — both from the courts and the police.”
Express News Service
Posted: Sep 17, 2008 at 0014 hrs IST
www.expressindia.com


Ex-Gurkhas take immigration fight to London court
http://in.reuters.com/article/worldNews/idINIndia-35501020080916
LONDON (Reuters) - Former Gurkha soldiers from Nepal demonstrated outside the High Court in London on Tuesday before the latest round of their legal bid to win the right to retire in Britain.
To the sound of bagpipes, they carried a portrait of Queen Elizabeth and waved Union Jack flags and banners demanding "Justice and Equality" as they gathered with hundreds of supporters.
The famed regiment of Nepalese soldiers has fought for Britain since 1815, most recently in Iraq, Afghanistan and the former Yugoslavia.
The soldiers, first recruited by colonial rulers in India in the 19th century as a "martial race" known for their bravery, have mounted a challenge against a ruling that means those who retired before 1997 have no automatic right to live in Britain.
Lawyer Edward Fitzgerald, representing five retired Gurkhas and the widow of a sixth, said four of the soldiers were barred from entering Britain because their headquarters were in Hong Kong and they lacked strong ties with this country.
"To say this is to ignore the history of the Gurkhas. And it is to ignore the special debt this country owes to all Gurkhas, past and present, whatever their brigade's location, and whatever their date of discharge," Fitzgerald told the court, the Press Association said.
All other foreign soldiers in the British Army can settle in Britain after four years' service anywhere in the world. About 2,000 Gurkhas are affected by the current rules.
The hearing is expected to last two days, although the result is unlikely to be announced for several weeks.
The Gurkhas have also struggled for years for equal pension rights which, for those who retired before 1997, are about a quarter of the level paid to those who served after that time.
© Thomson Reuters 2008 All rights reserved
Tue Sep 16, 2008 5:10pm IST
http://in.reuters.com


SC upholds judicial recruitment in UP
http://economictimes.indiatimes.com/PoliticsNation/SC_upholds_judicial_recruitment_in_UP/articleshow/3491782.cms
NEW DELHI: The Supreme Court has upheld the legality of judicial recruitment in Uttar Pradesh in 2008. A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice J M Panchal said, “ going by the information submitted by the high court (Allahabad high court) regarding the 2008 selection, we are satisfied that the rules have been complied with.” The court upheld the legality of such selection which were made in accordance with the UP higher judicial service rules of 2007. The members of the Uttar Pradesh judicial service and up judicial officers association had moved the apex court challenging legality of such selection giving retrospective effect to the amended rules. Rejecting the plea of petitioners, the court said, “we do not find much force in the contention advanced by the petitioners especially in view of the information furnished by the high court as regards the recruitment that had taken place in 2008.” Prior to the amended rules, for filling up vacancies of higher judicial service there were only two sources — 85% of the posts would be filled up by promotion based on the principle of seniority-cum-merit and 15% of the vacancies were to be filled up by direct recruitment from members of the bar. But the state government in pursuance of an apex court order had amended the rule. According to it, there were three sources of recruitment — 50% of the vacancies to be filled up by promotion from civil judges (senior division) on the basis of principle of merit-cum-seniority and passing a suitability test; 25% by promotion strictly on the basis of merit through a limited competitive examination of civil judges (senior division) having not less than five years qualifying service; and by direct recruitment from among advocates of not less than seven years experience. Though these rules were notified on January 9, 2007, it was given effect to from March 21, 2002. The petitioners had said that had the vacancies been filled up on the basis of the unamended rules, at least some of them would have got promotion as of right and not based on the principle of merit-cum- seniority which is incorporated in the amended rules. Further, prior to the commencement of these rules, 85 % of the vacancies could have been filled up by promotion, he contended.
17 Sep, 2008, 0331 hrs IST,Sanjay K Singh, ET Bureau
http://economictimes.indiatimes.com



Long tenancy no protection from eviction: SC
http://timesofindia.indiatimes.com/India/Long_tenancy_no_protection_from_eviction_SC/articleshow/3491478.cms
NEW DELHI: In the latest among a series of pro-landlord judgments, Supreme Court has ruled that long years of tenancy cannot be a shield against eviction from shops and houses when the owner's need for using the premises is bona fide. The judgment, handed down by a Bench comprising Justices C K Thakker and L S Panta, is expected to empower landlords in driving home their bona fide needs before the rent control authorities to dislodge tenants who have been citing long years of tenancy and absence of alternative. "It is no doubt true that the tenancy (in this case) was created about 50 years back but that should not be a ground for depriving the landlord for doing business if the requirement of the landlord is bona fide and reasonable," it said. The court also held that to resist eviction, a tenant had to show that he made sincere attempts to find alternative accommodation. It could be that a tenant might have to pay a higher rent if he shifted to a new shop, but "that would not preclude the landlord from getting possession of the shop once he had proved genuine need of the property", the Bench said. The judgment comes on the heels of two significant verdicts given early this year by the apex court. The first ruling came in February and gave a landlord the right to evict a tenant if the latter had sublet the rented premises without owner's consent. The second one, in April, struck down a 50-year-old restraint clause in the Delhi Rent Act and gave landlords the right to evict tenants holding on to shops and business establishments in prime commercial areas while paying a pittance as rent. In addition to these rulings, in December last year, SC had put two onerous conditions on tenants if they wished to continue in the premises — they must behave well with the landlord and take reasonable care of the premises. This current case came from Dehradun and saw the tenant citing all possible grounds to continue running a shop from the rented premises. The landlord, Shamshad Ahmed, had sought eviction on the ground that he was retiring from government service and wanted to open a readymade garment store in the premises with the help of his wife and daughter. The tenant said he had been running a grocery store from the premises for nearly 50 years and eviction would mean unimaginable hardship on him.
17 Sep 2008, 0118 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com

For promotion, merit matters more than seniority: SC
http://timesofindia.indiatimes.com/India/For_promotion_merit_matters_more_than_seniority_SC/articleshow/3491216.cms
NEW DELHI: Pitching strongly in favour of the meritorious, the Supreme Court has ruled that for promotional posts to be filled on "merit alone" basis, seniority of an aspirant is of no avail as the number of years of service loses its weight completely in the face of merit. This means, if two government servants holding the same post — one junior and the other senior — aspiring for promotion through the "merit only" channel to the next rank having one vacancy, then the junior could be promoted if he is found more meritorious than the senior. The ruling came in a case pertaining to the Uttar Pradesh Power Corporation Ltd (UPPCL) which was accused by one Ayodhya Prasad Mishra that though he secured more marks in the examination conducted by the departmental promotion committee and placed in the Executive Engineer-I category, he was not promoted to the post of Superintending Engineer, which went to a senior despite the latter having secured less marks and placed in the Executive Engineer-II category. Dismissing UPPCL's appeal against an Allahabad High Court order, a Bench comprising Justices C K Thakker and L S Panta said: "There is no doubt in our mind that if any executive engineer who has been placed in category-I and is available for the promotional post of superintending engineer, no executive engineer who is included in category-II can be considered for such promotion even if the latter is senior." Justice Thakker said it was well settled that Article 14 of the Constitution, which guaranteed right to equality, prohibited a person or a class of persons from being singled out from others similarly situated or circumstanced for discrimination.
17 Sep 2008, 0015 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com

HC takes serious note of sale of spurious drugs in UP
http://www.zeenews.com/articles.asp?aid=469650&sid=NAT
Allahabad, Sept 16: Taking a serious note of the sale of spurious drugs in Uttar Pradesh, the Allahabad High Court today sought a detailed affidavit from state authorities on the steps taken in the last one year to curb the menace. The court has asked Director General of Police, the Director General (Medical and Health) and the Drug Controller, to give a detailed account of measures taken to deal with sale of spurious drugs. The order was passed by a Division Bench comprising Justice Amar Saran and Justice S C Nigam, which fixed October 13 as the next date of hearing in the matter. The court was hearing a writ petition filed by Brahmaji, a resident of Bihar who runs a medicine shop in Kushinagar and against whom an FIR had been lodged accusing him of dealing in spurious drugs. The court, however, refused to provide any relief to the petitioner and ordered that he be arrested immediately. Bureau Report
www.zeenews.com

Sanjeev Nanda BMW case: Three co-accused file appeal in HC
http://www.zeenews.com/articles.asp?aid=469612&sid=REG
New Delhi, Sept 16: Rajeev Gupta and two of his employees, sentenced to one year imprisonment for destroying evidence in the high profile BMW hit-and-run case, on Tuesday filed their appeal in the Delhi High court challenging the trial court's conviction order. Gupta, a 63-year-old business man, along with his employees -- Bhola Nath and Shyam Singh -- were sentenced to a simple imprisonment of one year on September 5. However, the court released them on bail till the time of filing of their appeals. Prime accused Sanjeev Nanda, son of arms dealer Suresh Nanda, was sentenced to five years imprisonment for killing six people, including three policemen, under his BMW on January 10,1999. Filing the appeal, Gupta alleged that the trial court judge has convicted them without any cogent material as evidence against them. The judge has passed the order solely on the statement of police witnesses, he added. Pleading before the court to suspend the sentence and confirm the bail, already granted by the sessions court, Gupta said that he is a heart patient and has undergone by-pass surgery four times. He is a diabetic person and his blood pressure remains unstable, Gupta also said. According to the prosecution, on January 10, 1999 early morning after the accident Nanda, who was on driver's seat and is presently lodged in Tihar jail, had driven down his BMW car to 50, Golf Links, the house of his friend Sidharth Gupta. Sidharth, son of Rajiv Gupta, and Manik Kapoor were allegedly travelling in the BMW car at the time of the accident. When at about 6.30 am, the police reached 50 Golf Links following the oil trail from the accident vehicle, they found that Rajiv Gupta had engaged his employees Bhola Nath and Shyam Singh for washing off blood stains from the car. Bureau Report
www.zeenews.com


Punjab and Haryana HC admits petition of Capt. Amarinder challenging expulsion
http://www.indlawnews.com/Newsdisplay.aspx?c121a8ff-1ec7-46f6-a0cf-0bef57936ee2
The Punjab and Haryana High Court while pronouncing its order reserved on September 12 admitted the writ petition filed by former Punjab chief minister Capt Amarinder Singh and fixed December 1 as the final date of hearing.The writ petition challenging his expulsion came up for hearing before the division bench of Justices Adarsh Kumar Gel and Ajay Tewari. The bench while pronouncing its judgement issued notice to the Punjab Vidhan Sabha through the secretary to file its response to the petition on or before October 31 and the rejoinder that might be filed by the petitioner by November 15.The Bench, however, ordered an interim stay on the direction of the Vidhan Sabha which said that custodial interrogation of Capt Singh and others was essential in the Amritsar Improvement Trust land scam case. The Bench made it clear that this interim order did not prevent the investigating officer to conduct custodial interrogation in accordance with law if considered otherwise necessary. Capt Singh was expelled from the Vidhan Sabha for the rest of its term on the last day of the monsoon session, September 10 after a House Committee found him guilty in the 32.10 acre land scam case that took place during his chief minister ship tenure. Besides Capt Singh other indicted in the land scam were former ministers, Chaudhary Jagjit Singh and late Raghunath Sahay Puri and former Amritsar Improvement Trust Chairman Jugal Kishore Sharma.A resolution adopted by the Assembly also recommended registration of a corruption case against Capt Singh and others and a probe by the state Vigilance Bureau. The Vigilance Bureau already registered a case under various sections of the IPC and Prevention of Corruption Act against Capt Singh and six others at Mohali.UNI
9/16/2008
www.indlawnews.com


Nissan Motors appeal rejected, HC to hear Chowdhury case
http://www.hindu.com/thehindu/holnus/006200809161783.htm
Kolkata (PTI) : The Calcutta High Court on Tuesday rejected an appeal by Nissan Motors challenging its jurisdiction to hear a prayer by fastest circumnavigator of the globe and Indian record-holder, Saloo Chowdhury, who has sought Rs 122-crore compensation from the Japanese car-maker.
A division bench comprising Justice Pinaki Ghose and Justice S P Mitra rejected the appeal upholding Chowdhury's right to file the case here.
Chowdhury has claimed that Nissan had used pictures and details of his circumnavigation in a Nissan Sunny car in pamphlets and advertisement features without his permission.
Alleging breach of trust and privacy, Chowdhury, has sought damages of Rs 122 crore from Nissan Motors and moved the Calcutta High Court.
Nissan challenged the prayer claiming that no Indian court had jurisdiction as the company was not registered here. It also claimed that the prayer was frivolous in nature.
A trial court had rejected the plea, following which Nissan Motors moved an appeal before a division bench.
The suit by Chowdhury seeking damages would now be heard here.
Saloo Chowdhury had in 1994 circumnavigated the world in 39 days using a Nissan Sunny car, which he had personally bought, his counsels Jayanta Mitra and Ranjan Bachawat said.
"This is a world record and I did it defeating a British army team," Chowdhury said.
Tuesday, September 16, 2008
www.hindu.com



BMW accident: HC notice to police over bail granted to accused
http://www.ptinews.com/pti/ptisite.nsf/0/6A7D367A0C59B32A652574C600262F8F?OpenDocument
New Delhi, Sept 16 (PTI) The Delhi High Court today said the offence of Utsav Bhasin, accused of mowing down a person with a BMW car on September 11, is non-bailable and issued a notice to the city police on a petition seeking cancellation of bail granted to him.Delhi police submitted before Justice Veena Birbal that additional charges under Section 304 (culpable homicide not amounting to murder) have been framed against Bhasin after the death of victim, Anuj Singh, a BPO employee, who succumbed to his injuries on September 12.The court, after hearing the contention, said police can take appropriate action as the offence is non-bailable."You (Police) can always arrest him (Bhasin). It a non-bailable offence. The respondent (Bhasin) can approach the court for bail," Justice Birbal said while asking the police and the accused to file their replies on the petition filed by Rajender Singh, the father of the deceased.Singh had approached the High Court seeking its direction to cancel Bhasin's bail alleging that he might tamper with evidence.Police had already seized the Bhasin's passport on the direction of the Delhi High Court. PTI
http://www.ptinews.com


HC asks mother to live with daughter, son-in-law
http://www.expressindia.com/latest-news/HC-asks-mother-to-live-with-daughter--son-in-law/362019/
Mumbai, September 15: The Bombay High Court on Monday asked a woman to stay with her daughter and son-in-law, in a bid to save the daughter's marriage.
Division bench of Justice B H Marlapalle and D B Bhosale earlier persuaded the husband to resume living with the wife for their handicapped son's sake.
The husband, S Mashelkar, obtained divorce from wife on the ground of mental cruelty two years ago. The wife, however, challenged it before High Court.
The couple has a five-year-old son, who suffers from hearing and speech impairment.
When case came to the High Court, court asked the husband if he was willing to live with the divorced wife, at least for a few months, so that court may decide on child's custody issue. Wife is currently living in husband's rented flat.
Mashelkar said he was willing to give it a try. Court then asked wife's mother to move in with the couple, so as to help their rapprochement.
Court also asked husband to approach the court immediately if there was any trouble from wife's side.
The court directed that the child be examined by doctors and a report be filed in the court in six weeks. After that court will pass order regarding his treatment and the custody.
Agencies
Posted: Sep 16, 2008 at 1026 hrs IST
www.expressindia.com

Silence doesn't absolve accused of guilt, says HC
http://timesofindia.indiatimes.com/Mumbai/Silence_doesnt_absolve_accused_of_guilt_says_HC_/articleshow/3487614.cms
MUMBAI: Holding that an accused in a criminal trial must explain his conduct and that his silence is no defence, a division bench of the Bombay high court has confirmed life behind bars for a man charged with murdering his wife. A lower court had awarded the life term in January 2007. Aziz Khan was the only person present with his wife Sajedabi when she died of drowning in a well. Khan remained completely silent on the circumstances under which she died and said nothing in his defence to suggest if it was an accident or a suicide. Justice N V Dabholkar and S S Shinde noted that "there was no eyewitness to the incident and the exact manner in which the husband killed (the) wife could not be brought on record by the prosecution.” They also observed that because of his silence, Khan had failed to advance "some other possible hypothesis' ' to suggest that he did not murder Sajedabi. "Silence of the accused is more eloquent than a lengthy speech,'' the judges said. Khan, a resident of Aurangabad, got married to Sajedabi in 2000 and the couple had a one-year-old son. Their marital life was smooth until six months before Sajedabi's death on February 23, 2004. Her relatives alleged that Khan had started demanding Rs 25,000 to pay for the sinking of a well and often ill-treated her on that count. However, the defence pointed out that no actual complaint of harassment was lodged by Sajedabi or her family. Khan also said Sajedabi's relatives had deposed against him because he had not met their demand for money. Barely half-an-hour before Sajedabi's death, a neighbour called Karbhari met her and Khan and exchanged pleasantries with them. Later, Karbhari told the court that there was nothing in Sajedabi's manner that day to suggest that she was disturbed or wanted to commit suicide. The high court also considered that the well in which Sajedabi drowned had a parapet wall around it and the possibility of an accidental fall could be ruled out from the evidence at hand. The judges said the onus was, therefore, on Khan to explain the unnatural death of his wife. "On this aspect, he has observed total silence,'' the court said. Khan did not say whether he had a fight with Sajedabi after they met Karbhari and she rushed to the well to commit suicide or if there was an accident. kartikeya.tripathi@timesgroup.com
16 Sep 2008, 0639 hrs IST, Kartikeya ,TNN
http://timesofindia.indiatimes.com

It's easy to delay trials in India: CJI
http://timesofindia.indiatimes.com/India/Its_easy_to_delay_trials_in_India_CJI/articleshow/3487238.cms
NEW DELHI: With a whopping 2.5 crore cases pending in trial courts, of which more than 1.8 crore are criminal cases, this statement from Chief Justice K G Balakrishnan — "it is easy to delay criminal trials in India" — would fan misgivings about the snail-paced justice delivery system. This damning observation — more of a confessional one — came from the CJI, when he, sitting with Justice P Sathasivam, was dealing with a PIL seeking to fast-track cases against the high and mighty. The CJI was reluctant to fast-track cases on the basis of personalities involved in the crime. He was for identifying serious offences, especially those being investigated by CBI, and entrusting them to special courts for expeditious trial and disposal. Appearing for petitioner V K Ohri, advocate Prashant Bhushan said if the cases involving important public functionaries — like MPs and secretaries — were put on the fast-track, and the high courts started monitoring the progress of trial in the subordinate courts, the pendency could be tackled in two years time. Disagreeing with Bhushan, Justice Balakrishnan said: "Criminal trials are getting delayed because the accused challenges every order of the trial court in the HC and fights it even up to the SC. It is very easy under our system to get trials delayed. What can HC do?" An exasperated Bhushan, stung by the unusually candid statement from the CJI, said: "If it is very easy to delay the trials, then we need to do something urgently to address this." When the counsel kept pressing for fast-tracking the cases involving the high and mighty, the CJI said: "There are a large number of corruption cases investigated by the CBI. The fast tracking is not done on the basis of personalities involved but on the seriousness of the crime." However, he made public his decision to write to all state governments to create more CBI courts to make possible faster disposal of cases investigated by the agency which were generally of serious nature. "In most of the states, there is only one CBI Judge. I have written to the governments and the high courts for creation of more CBI courts — at least five or six — headed by a special judge to allow speedy completion of pending trials," the Bench said.
16 Sep 2008, 0316 hrs IST,TNN
http://timesofindia.indiatimes.com

Attack against Indian culture and media's role- III
http://www.merinews.com/catFull.jsp?title=Attack%20against%20Indian%20culture%20and%20media's%20role-%20III&articleID=141145
Media, nowadays has become so irresponsible that they show everything and anything that they want to show. Even before the court holds a person guilty, the media begins its own trial and labels him/her as the accused..
Indian Saints or Indian Culture?
IF ONE diminishes an image of a saint then it would definitely have an impact on his followers and their belief in that saint gets shattered. In turn, they will get divided and may select a wrong way. These people get vulnerable and can be easily molded. Hence, anti social elements, in turn, will become successful in destroying our culture. Bapu has millions of followers and if they succeed in their attempt then they will divide millions of people. Hence, by attacking popular saints, one can easily divide the unity between their followers and in turn can break the Indian culture. They want to take dharma out of this country and wants to weaken this country. Wise, sensible and intellectual people know that this country cannot survive without dharma. Dharma is the only thing that is uniting us and guiding us in many ways and showing us different ways to live life and become successful. Now the people/group/agency who wants to break the integrity of this nation has a soft target in front of them and that is to attack religious saints. They know that because of them, most Indians are united and are following religion and doing good things in life and are being part of India’s success. They want us to consume coke, pepsi and these kinds of things so that it weakens our health, which makes one stunted both physically and mentally. That is the reason when Swami Ramdev openly condemned the use of soft drinks, he was then attacked as per the plan. Major reason was that due to the popularity of Swami Ramdev, the sales of these companies dropped very heavily. Just for your knowledge, the quantities of contents that are included in these soft drinks in India are much different from what it is in America or other Western countries.
Hence, it is a very broad issue and it needs to be investigated religiously. The attack is not only against our saints but also against our culture, which is the strongest in the world.Role of the media
The role of media is also very suspicious in this matter, which again raises many doubts in our mind. If you recollect, when the allegations against Shankaracharya were made then it was the breaking news for almost all the news channels and they were focussed on the issue for almost about a week. They completely tried to diminish the image of Shankaracharya claiming that he had an affair with a woman and charges of sexual assault and murder were slapped against him. At that time, people said that he should not get bail and instead should get life sentence. However, after the court proceedings when he was proved innocent, no media channel showed that he is innocent. Have you ever thought why?
Same thing happened when nothing was found in Swami Ramdev’s medicines. The media hyped the issue so much as if he has committed some murder and again it was a breaking news for them. However, later when nothing was proved then the news channels did not even say that the Swami was innocent. Media never telecast the good deeds that are being done by Babu's various ashrams spread all over India. Free clothes, food, money, which are distributed by the ashram on regular basis to poor people all over India have never been showed by the media. The cent percent result of the gurukuls has never been reported by the media. They just know how to diminish the image of religious saints and that too without any evidence and without knowing the facts.
Media or trial courts
Media, nowadays has become so irresponsible that they show everything and anything that they want to show. As per the law, media has to show the version of the person against whom they are showing/writing in their respective channels/newspapers. However, they hardly follow this law. It seems that media has now become our country’s new judicial arm. Without knowing the facts they start their trial on the person and accuse him/her for the crime.
Even the Chief Justice of India (CJI) KG Balakrishnan had mentioned in one of the programmes that ’media trial’ of pending cases is a wrong practice. Reporting unverified reports by newspapers and TV news channels poses a danger to free and fair constitutional judicial process. The manner in which modern media and telecommunications intrude into a person’s life causes embarrassment to that person. The media trial, conveying public opinion in favour of one side or the other, particularly in criminal matters, has become increasingly frequent in recent times. Even before the court trial begins, the accused is shown as guilty. This questions the very premise on which the judicial system is based upon— the right of every party involved in a court proceeding to have his case adjudicated in a free, fair and unbiased manner.
It is the responsibility of every person associated with the media to act responsibly with a sense of duty towards society and the nation. In fact, journalists are ’vigilant watchdogs of civil liberties’. The right of the media to report court proceedings emanated from the right of the citizen to know. The media also has the duty to report fairly, objectively and accurately. CJI also mentioned that the media should be wary of allowing itself to become a vehicle for exerting ’mass pressure’ as opposed to a ’mere expression of mass opinion’.
Food for thought
What I strongly believe is that nothing concrete will come out in the false case against Swami.
Media is unnecessary hyping this issue to increase their channels’ television ratings points (TRP) and once the issue gets resolved they will find another story to feed on. Their only motive is to show what they want to show and diminish the image of saints. Are they doing it under somebody else’s guidance? Is there a nexus of these people? These questions are for us to think about and let us pray that an unbiased investigation gets done in these cases and the real picture comes out. I also hope that this whole episode will turn into a blessing for all of us and results in a more powerful and strong Indian culture. At the end, we should also not forget Newton’s law that for ’every action there is always an equal and opposite reaction’. Hence, one should not test our patience level.
CJ: Gautam Mehta ,
www.merinews.com

No SC stay on HC order debarring Anand, Khan
http://legalpoint-india.blogspot.com/2008/09/no-sc-stay-on-hc-order-debarring-anand.html
New Delhi: For Senior advocates R K Anand and I U Khan, facing the ignominy of being barred from practising in the Delhi High Court (HC) after being held guilty of contempt of court for trying to influence a BMW case witness, this stinging observation from Supreme Court (SC) on Monday did not augur well.
Hearing advocate K K Jha ‘Kamal’, who is challenging a Jharkhand HC order debarring him from practising before it for his repeated contemptuous remarks, a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said, ‘‘Every court has a right to debar any advocate from practising before it if he repeatedly indulges in contemptuous activity. If we do not have such power, then we can be abused by any lawyer.’’
When Jha argued that the Bar Council of India (BCI) was the sole regulator for lawyers and was the authority for cancelling the licence for practice, the Bench said, ‘‘The court cannot cancel your licence, but it can debar you from practising before it. You can go to other courts to practise.’’
When the lawyer persisted that the BCI was seized of the matter and the HC order restraining him from practising there was akin to punishment before determining the guilt, the Bench said, ‘‘If you misbehave, the HC has the right to debar you from practising. If anything happens in the court, the latter should not be powerless pending the inquiry by the BCI. The BCI gives you only a licence to practice provided you show proper behaviour and etiquette in the court.’’
In the court adjacent to the CJI’s, a Bench comprising Justices B N Agrawal and G S Singhvi heard the petitions filed by senior advocates Anand and Khan challenging the Delhi HC order debarring them from practising for four months in the HC and sending a recommendation to the full court for stripping them of the ‘senior advocate’ status. Senior advocate R S Sodhi, who before his retirement as a judge in the Delhi HC had heard Anand in several important cases, appeared for him and sought a stay on the ‘wrong’ order of the HC debarring his client from practising. He said there was a precedent in SC judgment that restrained any court from recommending stripping of a lawyer of his ‘senior advocate’ tag.
The Bench, which also heard Khan’s counsel, senior advocate P P Rao, was unimpressed and refused to grant interim relief when it was cited that in a ‘‘similar’’ contempt case against lawyer Rajeev Talwar, who was handed down an identical sentence by the HC, the sentence was stayed by the apex court.With the Thanks from the Time of IndiaSource:- The Times of India 16 Sep. 2008 P.6For any query:- legalpoint@aol.in
Posted by Deepak Miglani at 14:56
16 September, 2008
http://legalpoint-india.blogspot.com

India: Insider Trading Finding, Fines Upheld by Supreme Court
http://www.securitiesdocket.com/2008/09/16/india-insider-trading-finding-fines-upheld-by-supreme-court/
In India last week, the Supreme Court upheld a sectoral tribunal’s ruling that found the CFO of Wockhardt, Rajiv B. Gandhi, and others guilty of insider trading. The court rejected Gandhi’s plea challenging the judgment of the Securities Appellate Tribunal, which had in turn refused to set aside a penalty imposed by the Securities and Exchange Board of India (SEBI) for insider trading violations. Gandhi argued that he had not executed any trade and could not be held liable for insider trading, according to the Business Standard.
SEBI found Gandhi, his wife, and sister guilty of insider trading and imposed a penalty of Rs 5 lakh on each of them “on the ground that they had traded in the scrip of Wockhardt on the basis of unpublished price sensitive information and the same was not available to the investors in general.” SEBI alleged that as company secretary and CFO, Gandhi had access to the material information pertaining to the financial position of the company.
According to this conversion chart, Rs 5 lakh converts to approximately US$10,888.
September 16, 2008 at 9:03 am
www.securitiesdocket.com

No legal hitch in commodities transaction tax, says Income Tax officials
http://www.business-standard.com/india/storypage.php?tp=on&autono=46620
Even as the government is yet to finalise the time for introduction of commodities transaction tax (CTT), senior Income Tax officials today said that there is no legal hitch in framing the rules.
"I can't say when it will be notified. The decision has to be taken at the highest level. There is no legal hitch," Ajai Singh, member of Central Board of Direct Taxes, told reporters on the sidelines of a conference.
On February 29 this year, Finance Minister P Chidambaram had announced the introduction of a commodities transaction tax on exchange traded commodity futures and options.
Bs Reporter / New Delhi September 16, 2008, 12:44 IST
www.business-standard.com

Lal to appeal against judgement
http://www.timesnow.tv/Newsdtls.aspx?NewsID=16068
For the first time ever, a Major General of the Indian Army has been dismissed from service on charges of molestation. It's an unprecedented move for an officer of his rank to be sacked in this manner. It seems Major General A K Lal has made history for all the wrong reasons - being attributed as the first serving officer of his rank to be dismissed from service for alleged sexual molestation.Lal's case made headlines across the country after a lady officer alleged, that he misbehaved with her when conducting yoga classes at his house. Lal, a former Commander of Leh-based 3 Infantry Division, has now been charged guilty by the Indian Code of Law.TIMES NOW went looking for Lal for his side of the story. But after knocking on Lal's door in Delhi's Cantonment area, the TIMES NOW crew found an empty house. On enquiring about Lal and his family's whereabouts, the channel was informed that Lal along with his wife and daughter have lately shifted to Bathinda.A picture of the Lal's reveals his close knit family ties - a family that has always stood by the Major. As Major Lal's wife states, "Major General A K Lal is such a dignified man, and he's had 32 years of totally unblemished service. One fine day, a young girl just comes and raises her voice, then how are we supposed to believe it?" Echoing her mother's sentiments, Lal's daughter too affirms, "We are fully with him, completely with him on this."Lal is now likely to appeal in a civil court against the verdict of the court martial. Major General A K Lal, a former Commander of the Leh-based 3 Infantry Division, faced a general court martial in Bathinda after a previous inquiry found evidence against his alleged sexual molestation of a lady Army officer. Captain Neha Rawat of the Corps of Signals, had filed a complaint against Lal last September (2007), alleging that he had misbehaved with her while conducting yoga classes at his residence. Lal is the senior-most officer in the Army's history to be awarded such a sentence on charges sexual misconduct.
9/15/2008 8:32:47 PM
www.timesnow.tv

General category will get vacant quota seats: SC
http://www.livemint.com/2008/09/15171800/General-category-will-get-vaca.html
The anti-quota petitioners claimed that 432 seats have remained vacant in the IITs after the implementation of the OBC quota law
New Delhi: The Supreme Court (SC) on Monday ruled that seats remaining vacant after implementation of the 27% quota under a Parliament-enacted legislation would go to students of the ‘general´category.
“There is no no confusion about our judgement that seats which remain vacant after the implementation of the 27% quota will go to the general category,” a bench headed by Chief Justice K G Balakrishnan said.
The bench had on 10 April upheld the validity of the Central Educational Institutions (Reservation in Admissions) Act.
The anti-quota petitioners drew the attention of the bench that even after the implementation of the law - the Central Educational Institution (Reservation in admission) - the seats have remained vacant and there was confusion.
“What is the confusion? Both the judgements have clearly stated that the vacant seat will go to the general category,” the bench said referring to the two judgement, one written by Justices Arijit Pasayat and C K Thakker and another written by Justice Dalveer Bhandari.
“This is very clear that the intention was that not to leave the seats vacant. The intention was to give better education,” Pasayat said.
The anti-quota petitioners claimed that 432 seats have remained vacant in the IITs after the implementation of the OBC quota law.
Solicitor General G E Vahanvati said he will get back to the Court after seeking instructions from the Centre whether seats are vacant or not.
The bench posted the matter for further hearing on 29 September.
PTI
www.livemint.com


Suniel Shetty gets notice over eatery
http://timesofindia.indiatimes.com/Mumbai/Suniel_Shetty_gets_notice_over_eatery/articleshow/3487646.cms
Suniel Shetty gets notice over eatery The high court issued a notice to actor Suniel Shetty, among others, in response to a PIL challenging the construction of a restaurant at Girgaum Chowpatty. The PIL claimed that the construction of Salt Water Grill violated coastal zone regulations. Shetty has been named a respondent as he is a stakeholder, said Y P Singh, the petitioner's lawyer. Govt team visits kin of dead child In the wake of media reports about the death of a sixmonth-old infant from Akrachibhatti in Kandivli, a state government team from the ICDS visited the tribal family on Monday. TOI had earlier reported about how malnutrition had resurfaced in Kandivli and Aarey Colony this monsoon. Civic staff clean up city beaches A day after Mumbaikars bid farewell to Lord Ganesha, civic employees were busy trying to push away the remnants that had come to the shore. The beaches and water bodies were being cleaned throughout Monday. This year, the city saw a total of 1,76,035 immersions. City doctors leave for Bihar Doctors from some hospitals in the city left for Patna on Monday to help the residents of flood-ravaged areas in Bihar. The members, who belong to a voluntary organisation, Doctors For You (DFY), will be at the relief camps for two weeks. 'Grover murder not premeditated' A sessions court on Monday heard arguments on the bail plea filed by Kannada actress Maria Susairaj in the Neeraj Grover murder case. Defence advocate Harshad Ponda told the court that the crime was not premeditated. Citizens' team off to Mangalore A citizens' delegation, led by film director Mahesh Bhatt and Dr Abraham Mathai, vicechairman of the Maharashtra Minorities Commission, will visit Mangalore on Tuesday to get first-hand report of the violence against Christians. Sena holds brief for fishermen The Shiv Sena wants the farmers' loan waiver scheme to be extended to fishermen. A delegation of Sena members met the CM on Monday and pointed out loopholes in the government's relief package for fishermen. Hotelier survives suicide attempt Anil Singh (44), a hotelier who attempted suicide by shooting himself on Sunday, has survived. Singh had taken the step following differences with his wife. He is said to be out of danger. Disabled girl gets admission Saroj Yadav, a physically handicapped student, has been given admission to Nair College for a PG course in MD radiology. This was stated by the MCI in the HC on Monday. PIL on DGP appointment The Bombay HC has reserved its judgment in a PIL challenging the appointment of A N Roy as DGP. It claims that seniority was bypassed while appointing Roy. HC ruling on minor's marriage The HC on Monday granted custody of a minor married girl to her mother-in-law , instead of her parents.
16 Sep 2008, 0618 hrs IST,TNN
http://timesofindia.indiatimes.com

Lottery playing havoc with society: PIL
http://www.hindu.com/2008/09/16/stories/2008091655811100.htm
NEW DELHI: The Supreme Court on Monday issued notice to the Centre, and Delhi, Punjab, Meghalaya, Nagaland and Arunachal Pradesh on a public interest litigation petition seeking a ban on lotteries run by these States.
The petition was earlier listed before a Bench headed by Chief Justice K.G. Balakrishnan but as the petitioner, Satyavir Singh, wanted to argue in Hindi, it was posted before Justices B.N. Agrawal and G.S. Singhvi, who issued the notice.
Mr. Singh said lottery was creating havoc in society. Persons who engaged themselves in it became slaves to the lucrative but devastating game. “Their families become the greatest sufferers,” ultimately leading to the “total ruination of the family structure in the lottery game. Their children suffer as their education goes into the doldrums.”
The sufferings were the result a misconception that whatever one invested in lottery, one would back many times more.

Tuesday, Sep 16, 2008
Legal Correspondent
www.hindu.com

SC refuses to pass direction on Bihar flood
http://www.zeenews.com/articles.asp?aid=469382&sid=REG
New Delhi, Sep 15: The Supreme Court on Monday refused to pass any direction relating to flood caused by river Kosi in Bihar, saying that the court cannot interfere in such an issue. "What this court can do?" a Bench headed by Chief Justice KG Balakrishnan said when the PIL filed by advocate Praveen Chandra made an attempt to clarify that havoc caused by the flood was not a natural disaster but a man-made calamity. "Have you made any investigation?" the Bench, which also comprised Justice P Sathasivan, asked and said it would not rely on the newspaper report which formed the basis of the petition. "Your relief cannot be granted," the Bench said, dismissing the PIL. Another PIL on the issue filed by an NGO Yuva Shakti also attracted the same fate with the bench dubbing it a publicity seeking litigation. The apex court which had heard the NGO's petition on September 2 had said the Centre and Bihar government were carrying out their part of work in the flood-hit districts of the state. The floods caused by the river Kosi have been declared a "national calamity". The Bench also wanted to know from the NGO about the probe done by it relating to the floods. The NGO had sought appointment of an independent committee headed by a retired apex court or High Court judge to assess the nature of casualty. It suggested the inquiry could even be handed over to the National Human Rights Commission. Bureau Report
www.zeenews.com


PIL seeks action against senior cop K L Prasad for outburst
http://www.mumbaimirror.com/net/mmpaper.aspx?page=article&sectid=2&contentid=2008091620080916023231923224b70b7
Nearly a week after he made a filmy statement to the media, criticising the act of Maharashtra Navnirman Sena (MNS) chief Raj Thackeray’s reaction to Jaya Bachchan’s comments at a film function, Joint Commissioner of Police (JCP) Law and Order has more than the ire of Thackeray’s men to deal with. Lawyer V P Patil on Monday filed a PIL against Prasad for making “lawless and disorderly statements, while he was on duty and in his uniform”. The PIL has been filed specifically mentioning the comment by Prasad, while he was addressing the media, after the MNS-Jaya Bachchan incident last week. “Mumbai kisi ke baap ki nahin hain,” (Mumbai does not belong to anybody’s father), Prasad had said in reaction to MNS threat of not allowing the screening of films starring anyone from the Bachchan family. “The respondent was in his uniform and was on duty. It’s a misconduct on part of a high ranking government officer and strict action needs to be taken against him,” the petition said. Prasad said, “I don’t know anything about the PIL. I can’t comment on it.” The petition will be heard next week.Cops deny help from MNSThe verbal fight between Prasad and Raj Thackeray, has snowballed into other avenues as well. Police in south Mumbai denied any favours from MNS volunteers during the arrangements of Ganesh immersion. Arvind Gawade, Vibhag Pramukh of MNS’s South Mumbai had asked for permission to distribute food packets among the police on duty for the day. However, he was denied permission from the police. Gawade said, “The police are standing on roads since morning and don’t find anything to eat, as the eating outlets are closed on the day. Raj had asked us to provide food to the policemen, but V Nangre Patil, zonal DCP denied the permission. I offered him to accept the packets without MNS’s banner, but they still refused it.”
Tuesday, September 16, 2008
Mumbai Mirror Bureau
www.mumbaimirror.com

Supreme Court stays High Court order on UP police recruitment scam
http://www.hindu.com/2008/09/16/stories/2008091655711000.htm
NEW DELHI: The Supreme Court on Monday stayed a judgment of the Allahabad High Court directing an enquiry by the Central Bureau of Investigation into the alleged police recruitment scam in Uttar Pradesh during the erstwhile Mulayam Singh Yadav regime.
A Bench of Justice C.K. Thakker and Justice D.K. Jain stayed the judgment on a special leave petition by the Centre stating that due to lack of infrastructure facilities it would not be possible to take up the investigation. The Bench issued notice to the UP Government on the SLP and Amit Kumar Shukla, petitioner before the High Court, to file their responses on the Centre’s claim.
Solicitor-General G. E. Vahanvati said it would not be possible for the CBI to take up the investigation as it was preoccupied with various other investigations. He pleaded for stay of the impugned judgment.
Soon after taking over as Chief Minister in May 2007, Ms. Mayawati had constituted a committee to look into allegations of massive corruption in the recruitment of about 23,000 police constables during the previous regime.
Based on the report of a one-man committee, Ms. Mayawati had cancelled the selection of about 17,400 recruits on charges of “irregularities in the selection process”.
During the hearing of a batch of petitions in the Allahabad High Court, the Centre had turned down the request for a CBI inquiry citing inadequacy of staff.
However, on June 5 the High Court turned down the Centre’s submission and ordered a CBI probe into the scam.
The present appeal by the Centre is directed against this judgment.
Tuesday, Sep 16, 2008
J. Venkatesan
www.hindu.com


High Court stops Muhwezi, Mukula trial
http://www.newvision.co.ug/D/8/13/649831
THE High Court has ordered Buganda Road Chief Magistrates’ Court to stop the trial of the former health ministers. This followed an application yesterday by the accused’s lawyers to halt the proceedings until a petition filed in the High Court is disposed of. The accused filed the petition in the High Court last year challenging their trial by Margaret Tibulya, the Chief Magistrate of Buganda Road Court. Former health minister Maj. Gen. Jim Muhwezi and his deputies Capt. Mike Mukula and Dr. Alex Kamugisha together with Alice Kaboyo, a former State House aide, are accused of misappropriating sh1.6b donor funds. Muhwezi and his co-accused expressed fears that their trial would be unfair because Tibulya is related to Faith Mwondha, the Inspector General of Government who is prosecuting the case. They also challenged the powers of the IGG to prosecute them as opposed to the Director of Public Prosecutions who is mandated to do so. Yesterday, Justice Augustus Kania was due to hear the petition, but was informed that Buganda Road Court was carrying out a parallel trial despite a petition filed at the High Court and another at the Constitutional Court in which the accused are contesting their trial. Kania ordered that the matter at the lower court waits until the petition in the High Court is disposed of.
By Charles Ariko and Edward Anyoli
Monday, 15th September, 2008
www.newvision.co.ug

Court refuses to stay Amarinder’s expulsion
http://www.hindu.com/2008/09/16/stories/2008091660401400.htm
CHANDIGARH: The Punjab and Haryana High Court on Monday refused to stay the September 10 resolution of the Punjab Assembly through which it had unseated former Chief Minister Amarinder Singh after a special committee of the House indicted him for corruption and irregularities in granting exemptions while transferring 32.1 acres to a private developer during his tenure at the helm.
Handing down an interim order, the Bench comprising Justice Adarsh Kumar Goel and Justice Ajay Tewari that admitted the petition filed by Capt. Singh said that stay on expulsion would “amount to grant of final relief without hearing the other side”.
The case would now come up for hearing before a Division Bench of the Court on December 1.
The Court, which had reserved its judgment after the last hearing on Friday, issued notice to the Punjab Assembly through its Secretary to file a reply by October 31. Capt. Singh would be allowed to submit a rejoinder by November 15.
Both sides were granted permission to submit any other document by November 30.
However, the Court stayed operation of that part of the Assembly resolution which directed the State Vigilance Bureau to subject the former Chief Minister to “custodial interrogation” after registering a case.
Capt. Singh is currently in Britain for a medical check-up.
The Court order said, “We are prima facie of the view that resolution of the Assembly about the need for custodial interrogation cannot be treated as binding. Accordingly, by way of interim order, we direct that there will be a stay on the direction that it is essential to have custodial interrogation.”
“We, however, make it clear that this interim order does not prevent investigating officer to conduct custodial interrogation in accordance with law if considered otherwise necessary,” it added.
Tuesday, Sep 16, 2008
Special Correspondent
www.hindu.com


SC threatens sealing resumption http://timesofindia.indiatimes.com/Delhi/SC_threatens_sealing_resumption/articleshow/3487285.cms
NEW DELHI: To the discomfiture of the Sheila Dikshit government gearing up for Assembly polls, the Supreme Court on Monday threatened to order resumption of the sealing drive in regularized colonies being angered by the alleged breach of its earlier orders banning regularization without providing for all basic providing basic infrastructure. It also took to task the DDA for effecting as many as 37 modifications to the Master Plan-2021 within a span of one and a half years, virtually regularizing all illegal constructions and violations of the building bylaws and declaring residential areas as commercial zones. What annoyed a Bench comprising justices Arijit Pasayat, C K Thakker and L S Panta was, more than 1,400 unauthorized colonies were given legal status under the garb of ‘‘provisional regularisation’’. In its February 14, 2006 order, the court had said: ‘‘In case the state/authorities are not in a position to make available services whereof it is admitted that there are severe limitations, there shall be no regularization of unauthorised colonies. In other words, regularisation should be made only if it is possible for the respondents to make available the services.’’ Adding to the woes of the urban development ministry was the precise identification of woeful infrastructure in Delhi by amicus curiae Ranjit Kumar, who read out a government affidavit narrating the problems of water, electricity, sewage, solid-waste disposal, public transport and parking lot in the Capital. The Bench asked ASG Amarendra Saran and P P Malhotra to file an affidavit stating why the authorities did not seek modification of the February 14, 2006 order prior to embarking on the exercise of regularising the unauthorised colonies. On the 37 amendments to MPD-2021, the Bench asked DDA whether it had invited objections to the proposed changes to the master plan and whether it had held public hearings on these issues before effecting the modifications. ‘‘It appears that the changes were made for political reasons,’’ the Bench said. When the DDA counsel replied that all procedures were duly followed, the court asked the authority to file an affidavit detailing the need for the changes, the objections that were received and the manner in which they were disposed of. Kumar accused the government for not carrying out the sealing drive against those unauthorised structures which did not enjoy benefit of the relief. dhananjay.mahapatra@timesgroup.com
16 Sep 2008, 0330 hrs IST, Dhananjay Mahapatra ,TNN
http://timesofindia.indiatimes.com

PF scam: SC seeks Centre's response on CBI probe
http://timesofindia.indiatimes.com/India/PF_scam_SC_seeks_Centres_response_on_CBI_probe/articleshow/3487329.cms
NEW DELHI: In no mood to show leniency to the 'black sheep' in judiciary, the Supreme Court on Monday sought the Centre's response to a recent UP government recommendation for a CBI probe into the infamous Rs 23-crore illegal PF withdrawal scam, allegedly involving 34 judges from all three tiers of courts. This question assumes significance as the UP police, despite revealing that it had strong evidence on the alleged involvement of 34 judges — one in Supreme Court, 8 in Allahabad High Court, one each in Uttarakhand and Calcutta HCs and 23 lower court judges — had cited ground level difficulty in continuing with the probe with a suggestion that it should be given to CBI. Pursuant to this disclosure in SC on September 9, the Mayawati government had sent a request to the Centre recommending handing over of the probe to the CBI. A Bench comprising Justices Arijit Pasayat and M K Sharma, before hearing the Japanese surrogate baby Manji's plea for travel documents to go back to Japan, asked solicitor general G E Vahanvati whether the Centre was willing to order a CBI probe into the PF scam as per the UP government's request. "If the CBI is willing to do it, then we can hear the petitions and dispose them of as early as possible," the Bench said. The petitioners — Ghaziabad Bar Association and Transparency International — had sought a CBI probe into the scam, which the local police had been probing with the Allahabad HC monitoring it. "Take instructions from Centre and let us know. Then we will post petitions for an early hearing," Bench said.
16 Sep 2008, 0400 hrs IST,TNN
http://timesofindia.indiatimes.com


Manji plea to go home: SC leaves decision to Centre
http://timesofindia.indiatimes.com/India/Manji_plea_to_go_home_SC_leaves_decision_to_Centre/articleshow/3487336.cms
NEW DELHI: Two-month-old Japanese surrogate baby Manji appears to have inched closer to a ticket to her home in Japan as the Supreme Court on Monday favoured leaving the decision — whether to give a passport or travel documents to her — to the Centre ready to treat her case compassionately. Shifted out of Anand in Gujarat, where she was born to a surrogate Indian mother and a biological Japanese father, baby Manji Yamada — who all along had been in custody of her grandmother — soon got embroiled in a PIL in the Rajasthan high court with an NGO petitioning to block her flight to Japan. When the grandmother petitioned the SC, it had refused to pull out the baby from her grandmother's lap, but sought assistance of Solicitor general G E Vahanvati on the tricky questions raised by the NGO's counsel Abhinav Sharma about her nationality and the grey legal areas on surrogacy. Leaving the question of granting travel documents to Manji for flying home to the Centre, the bench reserved its order.

16 Sep 2008, 0403 hrs IST,TNN
http://timesofindia.indiatimes.com

Vacant OBC seats to go into Gen category:SC
http://economictimes.indiatimes.com/News/PoliticsNation/Vacant_OBC_seats_to_go_into_Gen_categorySC/articleshow/3487127.cms
NEW DELHI: The Supreme Court on Monday said that the seats remaining vacant after the implementation of 27% OBC quota in central educational institutions, including IITs and IIMs, will go to the general category candidates. ( Watch ) The court further said that it would be desirable not to have a wide difference in cut-off marks between the reserved and general categories of students for the purposes of admission. A five-judge Constitution bench comprising Chief Justice KG Balakrishnan, Justice Arijit Pasayat, Justice C K Thakker, Justice R V Raveendran and Justice Dalveer Bhandari said that there was no confusion on both the issues. The anti-quota petitioners had moved the court saying that after the implementation of the law — the Central Educational Institution (Reservation in admission) Act 2006 — seats have remained vacant and there was a confusion over it. Senior advocate K K Venugopal appearing for anti-quota petitioners referred to the two judgements, one written by Justices Arijit Pasayat and C K Thakker and another by Justice Dalveer Bhandari, to buttress the stand that the seats added in the 27 per cent OBC quota which remained vacant after implementation of the Act cannot go waste. “What is the confusion. It was clarified in the judgement itself that the seats remaining vacant will go to the General Category,” Justice Pasayat said. “Both the judgements clearly said that such vacant seats will go to the general category,” added Justice Bhandari. At the outset when Venugopal said there was a need for clarification on the aspect of vacant seats, Justice Pasayat said, “This (wasting of seats) cannot be allowed. It will go back to the general category”. “The reservation was not for ensuring that even if they (OBC) are not there, it will not go to others,” Pasayat said adding that “it is very clear. The intention was that don’t leave the seats vacant. The intention was to give better education.” The anti-quota petitioners claimed that 432 seats remained vacant and if the Ministry of Human Resource was not adhering to the apex court judgement then it was inviting contempt. “Despite the fact that the judgment of April 10, 2008 makes it clear that the vacant seats will revert to the general category, the confused position manifested by the Directors of the institutions was further enhanced with the Ministry of Human Resource Development refusing to “de-reserve” the seats, and instead directing that the cut-offs be lowered so that more reserved category students be accommodated”, said anti-quota petitioners relying on media reports. It quoted a report of The Times of India in stating that permission needed to be sought from the government to “de-reserve” the vacant seats to have them filled by students of the general category. However, Solicitor General G E Vahanvati said he will get back to the court after seeking instructions from the government whether seats are vacant or not.The bench posted the matter for further hearing on September 29. The issue of cut-off marks also came up for discussion during the brief hearing in which Venugopal said merit should not be totally sacrificed. He said while Justice Pasayat and Thakker were of the view that the difference in cut-off marks between the two category cannot be more than five marks while Justice Bhandari had extended it to 10 marks. Both the judgements clearly stated that “don’t deviate from merit”, the senior advocate said.
16 Sep, 2008, 0236 hrs IST, ET Bureau
http://economictimes.indiatimes.com


Mother could give child SC status
http://www.mumbaimirror.com/net/mmpaper.aspx?page=article&sectid=3&contentid=200809162008091602304082976495d8 New Delhi: A child with either of the parents belonging to a scheduled caste (SC) could be considered a member of the community, if a proposal for an amendment to the Constitution gets the government’s nod.Under the present statute, only a child with an SC father is deemed to belong to the scheduled caste community. If only the mother belongs to the scheduled caste, the child does not get the status.The Ministry of Social Justice and Empowerment has mooted a proposal for an amendment in the Constitution (Scheduled Castes) Order, 1950 to make the provision “gender neutral”, a senior official said.“The proposal is in circulation at the Union Cabinet,” an official said. “We have a male dominated society. And so, children get the status of the community/caste their fathers belong to, regardless of the community the mothers belong to.”Consequently, child of a non-SC father in cases where mother is a member of the SC community remains devoid of the benefits accorded to SC community, he said.
PTI
Posted On Tuesday, September 16, 2008
www.mumbaimirror.com


HC quashes Govt order on GMC council
http://www.assamtribune.com/scripts/details.asp?id=sep1608/at05
GUWAHATI, Sept 15 – In a major ruling, the Gauhati High Court today quashed the State Government order dated May 26, 2008, that had dissolved the elected mayoral council of the Guwahati Municipal Corporation (GMC). “…the entire action on the part of the Government towards dissolution of the Corporation was contrary to the laid-down procedure and in violation of the Constitutional mandate,” the court order said, adding that both the Secretary of Guwahati Development Department (GDD) and the GMC Commissioner acted not applying their “sound discretion but to implement the hidden agenda as was instructed to them.” The petitioners, the erstwhile GMC councilllors who otherwise would have continued in their posts up to January 2009 but for the dissolution of the elected body by the impugned order, had invoked the writ jurisdiction of the court assailing the legality and validity of the government action. Justice BK Sharma, while delivering the verdict in the case WP (C) No. 2,193/2008, held in his order that the Government’s contention that the general body of the GMC council did not reverse its earlier resolution to open tollgates was “totally perverse in as much as the general body did not get any opportunity to reveres or revise its decision pertaining to tollgates as the show-cause notice was never placed before it.” “The show-cause notice and the reply there to confined in-between the Government and the Commissioner, GMC, and the same was never brought to the notice of the general body,” the order read.The order said that apart from non-compliance of the Constitutional mandates envisaged under Article 243 U of the Constitution of India, there was also violation of the provisions relating to reasonable opportunity of being heard by way of a show-cause notice to the offending body. The court further noted that with the decision to dissolve the Corporation, “it is not understood as to what was the necessity to take resort to the show-cause notice, etc. It added that nothing was discernible as to what prompted the Guwahati Development Dept (GDD) Secretary to furnish the note dated April 17, 2008 followed by the decision of the Minister concerned to dissolve the general body. The court also held that although much was emphasized on the situation that occurred following the resignation of 27 councillors, there was “nothing to indicate that with such resignation the Corporation became non-existent or functionless. Reacting to the judgment, the opposition councilors welcomed it, and said that justice had been done not just to the councilors but also to the people in general. They will be meeting the GMC Commissioner tomorrow demanding holding of mayoral polls within three days.
Staff reporter
www.assamtribune.com


HC grants custody of 'married' minor girl to mother-in-law
http://news.in.msn.com/national/article.aspx?cp-documentid=1665726
The girl, a Hindu, had eloped to marry her Muslim lover and did not want to live with her parents
Mumbai: In a unique decision, the Bombay High Court today granted custody of a minor married girl to her mother-in-law, instead of the parents.The girl, a Hindu, had eloped to marry her Muslim lover and did not want to live with her parents.The High Court adjourned the case for six months, as the Supreme Court is currently hearing a case involving the issue of marriage of a minor person. The High Court will pass the order only after the apex court gives its ruling.The girl, who is now 17 years old, went missing from residence in Malvani area last year. Her parents filed complaint against Firoz Shaikh, 22, who lived in the same locality, for kidnapping her.When she could not be found despite police complaint, her parents moved High Court, saying that police were not probing the matter seriously.The case was then transferred to Crime Branch. Last week, Crime Branch sleuths found Shaikh and the girl from Kashimira area in Thane. Shaikh told them that they had married and returned to Mumbai when they learnt that police were searching for them.When the girl was produced in the court, judges asked them if she wanted to go back to her parents. But the girl told them that she had married Shaikh and she did not want to talk to her parents.Finally, since the apex court is seized of similar issue and the girl is still a minor, court granted her custody to Feroze's mother, Khalidabi for six months. © Copyright 2008 PTI. All rights reserved.
Monday, September 15, 2008
http://news.in.msn.com


Proper interpretation of rules helps to set right things: CJI http://www.ptinews.com/pti/ptisite.nsf/0/6C8ADE2CB9AE0251652574C5003945C4?OpenDocument
Bhopal, Sept 15 (PTI) Chief Justice of India Justice K G Balakrishnan has said that generally rules are correct but most important is their proper interpretation as it helps in setting things right."Rules are generally correct, but their proper interpretation is most important as any misinterpretation of rules leads to odd situations while correct interpretation greatly helps in setting things right," the CJI said at a function here last night after releasing Madhya Pradesh High Court Rules 2008 at the National Judicial Academy, an official release said.Justice Balakrishnan said that it is a matter of happiness that new rules of the M P High Court have come up after 72 years.He stressed the need for imparting training to the officers discharging various important responsibilities in the High Court about the rules for ensuring proper adherence to the rules.The CJI said the new rules would help to avoid inordinate delays in various matters.However, there should not be any hesitation in making amendments to these rules if any discrepancy or lacuna is brought to notice, he said.Earlier, the Chief Justice of M P High Court Justice A K Patnaik dwelt at length on the background of the new rules.He said that new dimensions and contexts have emerged in legal field following which it was imperative to have a new set of rules. PTI MAS YRM SCY 09151544 DEL
www.ptinews.com

Former CJI P N Bhagwati blamed Judiciary for allegations of corruption against Judges
http://www.indlawnews.com/newsdisplay.aspx?f02cb401-62c0-4e68-b84d-fa9d4f209f92
Former CJI P N Bhagwati has blamed the judiciary for the present state of affair in which allegations of corruption against judges are being exposed. Justice Bhagwati in a recent TV interview has also backed the idea of setting up of National Judicial Commission to check the increasing incidents of corruption in the judiciary. Presently, 36 judges including sitting Supreme Court judge and 11 High Court judges are facing allegations of corruption in Ghaziabad district court GPF scam and 2 Punjab and Haryana High Court judges are under CBI scanner in Cash-at-Judge-door scam. Justice Nirmal Yadav has already proceeded on leave.Justice Sen, who is without judicial work since November 2006, is getting full salary and all perks in view of cumbersome procedure for removal of a sitting High Court judge.Justive V Ramaswamy, who was also without judicial work for a long time, retired only after completing his tenure after impeachment motion against him failed in Parliament.Committee for Judicial Accountability headed by former Union Law Minister Shanti Bhushan has been demanding transparency in the appointment and removal of High Court and Supreme Court judges. Committee for Judicial Accountability has three former Union Law Ministers and three former CJIs as its members.UNI
9/15/2008
www.indlawnews.com


Who should appoint judges to rid judiciary of black sheep?
http://timesofindia.indiatimes.com/India/Who_should_appoint_judges_to_rid_judiciary_of_black_sheep/articleshow/3483386.cms
What Chief Justice of US Supreme Court John Marshall said two centuries ago applies to the present situation that the Indian judiciary finds itself in. He had said: "Power of judiciary lies not in deciding cases, nor in imposing sentences, nor in punishing for contempt, but in the trust, confidence and faith of the common man." Indian judiciary, by and large, enjoyed the “trust, confidence and faith of the common man” for decades. Today, it finds itself mired in accusations. Scams pointing to venality of judges are chipping away the judiciary’s carefully crafted and painstakingly preserved image that once evoked blind public faith in its integrity, impartiality and independence. In such times, it was natural for a concerned PM not to beat around the bush. In the presence of Chief Justice of India K G Balakrishnan at a recent book release function, he drove home the point that “the time has come for introspection to ensure that judicial appointments at all levels live up to the exacting standards.” The CJI is seen as taking some drastic measures to rid the judiciary of black sheep — recommending impeachment of a High Court judge and allowing CBI to examine two more HC judges. These are at best remedial measures warranted by the situation to assure the public not to lose faith. To address the 'black sheep' problem and stop their breeding, the time has come to test the efficacy of the existing mechanism for appointment of judges to the HCs and the Supreme Court. For, it is a matter of pride and respect of an institution in which a billion people repose faith. If one wants to fault the 1993 apex court judgment in SCORA Vs UOI [1993 (4) SCC 441] conferring primacy on the judges collegium headed by CJI to appoint judges to the HCs and the SC, then he can cite examples of Shamit Mukherjee, Soumitra Sen and many others. Majority of these tainted judges resigned when the collegium headed by the CJI threatened to recommend their impeachment after the in-house inquiry process found them guilty. Prior to 1993, when the executive had the major say in judges’ appointment, judges did resign. Who can forget the resignation of Justice H R Khanna immediately after being superseded by a junior judge for the post of CJI. He was being punished by the executive for refusing to be pliant and penning the lone dissenting judgment, invalidating the brutal Emergency powers. Justice Khanna was not the only victim of the executive. Many competent, bold and upright judges were superseded with impunity. Most swallowed the bitter pill and continued, unlike Justice Khanna. And, Justice V Ramaswamy, who was the first to face impeachment proceedings in Parliament, was also appointed at a time when the executive had the final say in judges’ appointment. If the present ‘judicial primacy’ appointment system produced some tainted judges, then we did see 'executive primacy' system making some pliant judges occupy and muddy the high constitutional offices. What the PM said for judiciary — 'ensuring that appointments live upto the exacting standards' — holds good for executive and legislature too. Keeping faith in the PM, would it be prudent to revert to the pre-1993 system of judges' appointment? The MPs are chosen directly by the people, but not the ministers. They are chosen by the PM. But, given the nature of present politics, it becomes his compulsion to accommodate even the tainted in his council of ministers.
15 Sep 2008, 0231 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com

Treatment cant be denied to patient citing lack of resources - CJI, Justice Shri Balakrishnan
http://www.theindiapost.com/?p=5334
Success of programmes depends on commitment and sensitivity CJ, MP Justice Shri Patnaik, Workshop on ‘Right To Health’ concludesBhopal:Sunday, September 14, 2008:
Chief Justice of Supreme Court Justice Shri K.G. Balakrishnan has said that no government can deny medical treatment to a patient citing lack of resources in hospitals. In this connection the Supreme Court had conducted an enquiry.
The enquiry committee had recommended that facilities should be increased in hospitals and such a dialogue process should be started there through which medicare, doctors’ services, medical equipments and ambulance can be ensured for a patient in time. Justice Shri Balakrishnan expressed these view while addressing the concluding session of a workshop organised by Madhya Pradesh Human Rights Commission here today on the subject ‘Right to Health’. Justice Shri A.K. Patnaik, Chief Justice of Madhya Pradesh High Court, Chairperson of Madhya Pradesh Human rights Commission Justice Shri D.K. Dharmadhikari, retired Supreme Court Justice Shri P.P. Navlekar, M.P. Human rights Commissions members Justice Shri Narain Singh ‘Azad’ and Shri Vijay Shukla and the judges of M.P. high Court were present on the occasion.

Justice Shri Balakrishnan said that the International Declaration of Human Rights lays down to ensure food, clothes, air and social as well as medical services to every individual and his family to maintain good health. A human being has to be healthy so that he can continue to enjoy his right to life in the face of unemployment, handicap and old age. He said that the Supreme Court while delivering decisions in various cases has recognised right to health as essential. While disposing of a case the apex court has observed that no doctor or hospital can refuse to treat an accident-hit person in his medico-legal case. This would be tantamount to violation of medical code of conduct. The apex court has ruled that such an act is violation of right to protect life and freedom. With this decision of the Supreme Court, people have now got the right to emergency treatment. Citing another case, Shri Balakrishnan said that now the treatment meted out by charging fees has been brought under the purview of Consumer Protection Act. Action can also be taken against the doctor or hospital for indifference or shortcoming if the treatment is provided by charging fees. This legal provision will go a long way in protecting patients’ interests.
Justice Shri Balakrishnan said that during the last many years, various state governments have mobilised considerable resources. Medical services are also being provided in the private sector. But all these facilities have been confined to affluent people. The government must devise such ways that can extend benefit to poor sections of society as well. Justice Balakrishnan said that media has highlighted trafficking of human limbs. Similarly, activities of quacks and unsafe traditional medicines’ use have also come to light. The governments must undertake legal as well as administrative recourse to curb these shortcomings. He said that many contagious diseases are spreading from one to another country. Some years ago mad cow, sarce and avian flu. HIV/AIDS is also not coming under control. Under such circumstances, the declaration of human rights cannot be underestimated. Government as well as private agencies must undertake steps to check spreading of diseases from other countries by ensuring best services of specialists. He said that right to health will have to be recognised at the global level.
Madhya Pradesh High Court Chief Justice Shri A.K. Patnaik said that right to medical treatment is an innovative thinking. Shri Patnaik said that it is a moral concept that no one can lead a good life without health. He said that the International Declaration of Human Rights envisages freedom and dignity of human being. Shri Patnaik enumerated the provisions of law available about better health. Justice Patnaik said that denial of treatment to a patient by hospitals is violation of right to life of a person. He informed that good health is directly related to clean environment since people’s health will suffer if they live in an unclean environment. Shri Patnaik referred to a judgement in which the Supreme Court had directed that a slaughter house should not be set up there, if it affects the human health. He said that no programme can meet with success which is not implemented with dedication and commitment. Shri Patnaik said that the government should give attention of death of children due to malnutrition in Satna.
Chairperson of Madhya Pradesh Human Rights Commission Justice Shri Dharmadhikari said that large number of people are now coming to Human Rights Commission seeking justice due to expensive, time-consuming judicial system and complex administrative process. All possible efforts are made by the commission for redressing such people’s problems. Shri Dharmadhikari praised state government’s positive attitude towards M.P. Human Rights Commission. He said that the commission not only solves the individual problems but also tries to form public opinion a variety of public interest issues like drinking water, food and health. Shri Dharmadhikari said that the state Legal Service Authority has also extended considerable help in the cases referred to it by the commission..
Commission’s Inspector General of Police Shri Sushobhan Bannerjee highlighted the objectives of the workshop while Deputy Secretary Shri Vijay Chanra conducted the proceedings. Those present on the occasion included D.G.P. Shri S. K. Raut, commission’s principal secretary Dr. A.N. Asthana, Principal Secretary, Health, Shri Devraj Birdi, Professors of National Judicial Academy, trainee judges, district court judges, senior advocates, distinguished citizens and senior administrative and police officers of the state.
Sep 14th, 2008 By Yasha Sharma
www.theindiapost.com

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