Daily Legal News 26.09.2008

It's OK to provide legal aid to blasts suspects: Arjun
http://www.expressindia.com/latest-news/It--s-OK-to-provide-legal-aid-to-blasts-suspects--Arjun/366264/
Jamia Nagar encounter: NHRC issues notic...No decision to ban Indian Mujahideen by ...5 picked from Mumbai for Delhi, Ahmedaba...
New Delhi, September 26: HRD Minister Arjun Singh backed the decision of Jamia Millia Islamia University to provide legal aid to two of its students accused in the Delhi serial blasts, saying the step was in national interest.
Jamia Vice-Chancellor Prof Mushrul Hasan met Singh to apprise him of the decision of the university to provide legal aid to the two students, a move criticised by the BJP.
"There is nothing wrong in providing legal aid. In this case, I have got full details. Whatever Mushirul Hasan told me, I understand in this context, the decision of the university is in the interest of the nation," Singh said.
BJP has demanded dismissal of the Vice-Chancellor and termed the decision as ‘atrocious, anti-national and highly objectionable’.
After meeting the minister, Hasan said BJP's allegation that the university was diverting the government funds for providing legal aid was ‘baseless’.
"Providing legal aid is the decision of the Academic Council. Legal aid is the constitutional right of every person. We stand by our decision. There is no question of my resignation," he said.
Noting that the classes have been running smoothly and the recent incidents have not affected the confidence of students, he said, "the confidence of students has gone up after my interaction and peace march in the campus".
Appealing to political parties not to politicise the issue, Hasan said, "if it is politicised, the repercussion will not be good".
Asked whether he was facing any threat, Hasan said it should not affect the ‘principle’.
Agencies
Posted: Sep 26, 2008 at 1720 hrs IST
http://www.expressindia.com/


IBA brings together legal pro bono practitioners around the world through website
http://www.probono.net/news/article.213002-IBA_brings_together_legal_pro_bono_practitioners_around_the_world_through_w
A new website at www.internationalprobono.com has been developed by the International Bar Association (IBA) to promote and support pro bono legal work and access to justice at both national and international levels. It enables legal professionals worldwide to exchange and share experiences and information on pro bono initiatives across jurisdictions, with the aim of facilitating best practice in the design and delivery of pro bono services.
The website provides links to practitioners and organisations engaged in pro bono legal work, for users to locate and contact others who are participating in similar work, or in work on which they would like to model their own. It features news items related to pro bono work, and an ever-expanding library of material from organisations and individuals undertaking pro bono work, including presentations on pro bono work from conferences held by the IBA. A calendar of local, regional, and international pro bono events alerts site users to all opportunities to meet and network.
A special section of the site will feature original content on best practices in certain thematic areas, in order to foster dialogue on ways to strengthen and support pro bono and access to justice initiatives. The inaugural topic will focus on university law clinics, led by an article from the IBA Pro Bono and Access to Justice Committee, on the pro bono clinical programme at American University’s Washington College of Law. Further articles and dialogue will be solicited around different themes related to pro bono and access to justice.
Philip Zeidman, of the IBA Public and Professional Interest Division, who led the initiative to create the IBA International Pro Bono website, said, "The website brings together pro bono practitioners at all levels around the world, as well as those who are interested in getting involved in pro bono work. In addition, it specifically promotes legal pro bono work as an integral part of the legal profession; promotes the development of a strong international legal pro bono network; provides recognition to those participating in innovative international pro bono work; and encourages leadership and support of legal professionals contributing to pro bono activity and work. Prior to the development of the website, the ‘Best in International Pro Bono’ sessions, held at the IBA Annual Conference, usefully identified how and where pro bono work was being carried out, but the audience was limited to those attending the conference. The IBA International Pro Bono website allows an unlimited reach, is not restricted by geography and is accessible 24 hours a day. It is proving a valuable resource."
Haji Sulaiman Abdullah, Chair of the IBA Pro Bono and Access to Justice Committee said, ‘We believe the site will prove very useful to all of our members, whether their practice involves international pro bono work or is limited to the development of pro bono within their own jurisdictions. The Pro Bono and Access to Justice Committee has always sought to encourage 'best practices' in the delivery of pro bono legal work and expects that the website will prove most beneficial in this regard."
Thursday, September 25
http://www.probono.net/
www.internationalprobono.com.


I'll be back in India soon: M F Hussain
http://timesofindia.indiatimes.com/India/Ill_be_back_in_India_soon_M_F_Hussain/articleshow/3530206.cms
NEW DELHI: The Supreme Court on Sept 8, in a major relief to renowned artist M F Hussain, refused to initiate criminal proceedings against the painter for allegedly hurting public sentiments through some of his paintings. These paintings had been dubbed as obscene. ( Watch ) Speaking to TV channel Times Now, M F Hussain said his return to India could be sooner than expected. He said, "I am already there (in India). I may not be physically there but I haven't gone anywhere. For the last 60 years I have been working all over - Paris, New York. I don't have a studio even in India." When asked about his return, Hussain instantly said, "I can come tomorrow. There is no question of when and where. You might see me in India tomorrow itself." Talking about the Supreme Court judgement he added, "It is a very important judgement. The dignity of art has been upheld. There have been incidents in the past as well when our 'art' has been attacked. But has anything happened to our 'art'? We have a tradition of five thousand years which is very dynamic."
26 Sep 2008, 1154 hrs IST,Times Now
http://timesofindia.indiatimes.com/


Guj HC asks police to file FIR against 22 Asharam followers
http://nsm.org.in/2008/09/24/guj-hc-asks-police-to-file-fir-against-22-asharam-followers/
The Gujarat High Court on Monday asked the police to register FIR against 22 followers of Asharam Bapu who had allegedly attacked media persons and people living near the Ashram on July 18.
The order was issued by a division bench of Chief Justice K S Radhakrishnan and Justice M S Shah, before disposing off the PIL filed by NGO Jan Sangarsh Manch (JSM) last month.
The court has asked the police to register FIR against 22 people whose name were supplied by JSM as per its earlier directions.
It further ordered that investigation in the case be conducted by DSP Gandhinagar, under whose jurisdiction the Ashram falls.The PIL had asked for formation of Special Investigation Team to probe into the attack on media and people living near the ashram by supporters of religious guru Asaram Bapu during the bandh call given on July 18.
Incidences of violence were reported in the city during the bandh call given over the mysterious deaths of two boys, Abhishek and Dipesh Vaghela, whose bodies were found from the bank of river Sabarmati on July five.
The case is being investigated by state CID (crime).The government has also ordered an inquiry commission headed by a retired judge into the case.
By admin on September 24th, 2008
http://nsm.org.in/

Raj’s Sena terrorising Maharashtra: high court
http://www.hindustantimes.com/storypage/storypage.aspx?sectionName=&id=67110f9a-342e-47b0-bcdb-8d8dea2e83a1&&Headline=
Criticising the state government for failing to act against Maharashtra Navnirman Sena (MNS) president Raj Thackeray for enforcing Marathi signboards on shops, the Bombay High Court on Thursday told the authorities to “wake up and take steps to restore the confidence of common man in the state administration”.
“Gone are those days when we used to worship heroes like Shaheed Bhagat Singh. Today, terrorists are being worshipped,” said Justice JN Patel while hearing a petition filed by the Federation of Retail Traders’ Welfare Association. The association has challenged the letters purportedly written by Thackeray to shopkeepers, asking them to put up Marathi signboards in bold lettering.
“Nowadays, terrorists send e-mails and warn about their plans before indulging in terror crimes. Raj Thackeray also sends written notices before his acts, and while you get hold of terrorists, you cannot arrest him (Raj),” a visibly upset Patel, sharing the bench with Justice KK Tated, said.
Patel made these observations after taking on record a letter written by the petitioners to Chief Minister Vilasrao Deshmukh, urging action against Thackeray. The MNS chief and his party workers continued to “terrorise” them by throwing stones at their shops and ATMs, auto rickshaws and taxis in Chembur even after the court had passed and order against such acts, the shopkeepers said.
“If a political party does something good for the people, we will highly appreciate (it), but here all energy is used for destruction. If any other common man was in his place, he would have been arrested and put behind bars. Even the home minister had taken a strong objection to a remark made by Joint Police Commissioner KL Prasad about Thackeray that the city was not the personal property of anyone, then why spare MNS chief,” the court asked.
Observing that the state was a mute spectator to the “misdeeds” of Thackeray and his party, the judge said the government was not following the law in letter and spirit. “Be serious, otherwise every party will bully you,” the judge warned and asked the state to file an affidavit by October 16, detailing what steps it proposed to take against Thackeray.
Government pleader DA Nalawade told the court, “We will take action as per law. The first priority of the state was to maintain law and order. There cannot be an extra-constitutional authority who can take law into his own hands.”
Sunil Shivdasani, Hindustan Times
Email Author
Mumbai, September 26, 2008
http://www.hindustantimes.com/



SC dismisses Todi's plea for status quo in Rizwanur case
http://timesofindia.indiatimes.com/India/SC_dismisses_Todis_plea_for_status_quo_in_Rizwanur_case/articleshow/3528614.cms
NEW DELHI: The Supreme Court on Thursday rejected Kolkata businessman Ashok Todi's plea to halt the trial court from proceeding further on the CBI chargesheet accusing him of abetting the suicide of his son-in-law Rizwanur Rehman. The CBI had accused Todi of driving Rizwanur to suicide by his incessant attempts to break his daughter's marriage. Todi's counsel argued before a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal that the CBI had exceeded the brief given to it by the Calcutta HC. He said the agency was asked by the HC to find the reason behind Rizwanur's death. Instead of filing a status report before the HC, the CBI went to the trial court to file a chargesheet on September 22, the counsel said, questioning the agency's motive. Refusing to grant stay on the proceedings before the trial court, the Bench simply ordered the case to be put up for hearing on October 13.
26 Sep 2008, 0151 hrs IST,TNN
http://timesofindia.indiatimes.com/



Zakir Shaikh’s family pins hope on judiciary
http://www.indianexpress.com/news/Zakir-Shaikh-s-family-pins-hope-on-judiciary/366065
Surat, September 25 Local cops unaware about his role in planting of bombs; he is innocent, says elder brother
The family members of Mohammed Zakir Shaikh are shocked after his name surfaced in the Surat live bombs and Ahmedabad blasts cases. “We don’t rely on the police investigations. We have full faith in the judiciary and we will accept the decision of the court,” said Zakir’s elder brother Mohammed Danish Shaikh. Zakir (28) was picked up from his house in Bhiwandi, Mumbai.
During his interrogation, he confessed to his involvement in the terrorist attacks. He has a masters degree in Psychology from Shibli College in Azamgarh (UP) and belongs to a family of landlords.
Kamaal Saiyed Posted: Sep 26, 2008 at 0053 hrs IST
http://www.indianexpress.com/


Zero tolerance for black sheep judges, says CJI
http://timesofindia.indiatimes.com/Zero_tolerance_for_black_sheep_judges_says_CJI/articleshow/3528484.cms
NEW DELHI: With a recent case of impeachment against a judge of the Calcutta high court and a CBI inquiry into a PF scam involving several judges showing the judiciary in poor light, Chief Justice of India K G Balakrishnan promised tough measures against "black sheep" in judicial robes. Interacting with the media on Thursday, the CJI made it clear that he would not hesitate to permit prosecution of corrupt judges if investigating agencies presented unimpeachable evidence against them. He said he was agreeable to making the impeachment process itself less tortuous, though safeguards could not be diluted. Holding that corruption in judiciary was "just not acceptable", the CJI said the collegium of judges headed by him had widened the scope of information about antecedents of a prospective candidate for judge so as to spare the judiciary embarrassment as in the case of Justice Soumitra Sen. The CJI had to recommend the impeachment of the Calcutta HC judge following his refusal to resign after being indicted for corruption. Asked whether the present process of impeachment was cumbersome and hindered swift action against judges found corrupt by the judiciary's in-house mechanism, Justice Balakrishnan said impeachment was a political decision approved by Parliament. There was scope for simplification, he agreed, but immediately clarified that "too much simplification will be counter-productive". "If it is made very simple, then the lives of judges will be rendered miserable as any aggrieved party will attempt to invoke impeachment motion," he said. So, what would happen if Parliament refused to impeach a judge, rejecting a motion initiated on the basis of a recommendation by the CJI who is fully satisfied about his unsuitability? The CJI said, "We should not undermine the understanding of Parliament, prime minister and the MPs. They are all responsible to the public as much as the judges are. Anyway, if Parliament refuses to pass an impeachment motion, the person would continue as a judge, but it is the prerogative of the Chief Justice whether or not to assign him judicial work." Examining a lawyer's suitability to be appointed judge in the HCs or SC was a difficult task, the CJI conceded. However, the recent incidents - Justice Sen's impeachment, cash-at-doorstep scam in Punjab and Haryana high court and the multi-crore PF scam in which it is suspected that 35 judges from all three tiers of judiciary are involved - seem to have made the CJI more sensitive to the need for urgent remedial measures. It is a two-pronged strategy devised by him and the collegium - tighten the scrutiny of the antecedents of lawyers agreeable to be appointed as judges and a "zero tolerance" approach towards the "black sheep" in the fold. The impact is quite discernible - the queries about antecedents of prospective judges have been given teeth by adding as many as 12 new points of inquiry that included checking whether any family members were practising in a court where an appointment was going to be made. On the "zero tolerance" approach, the CJI has already made public his intentions by allowing CBI to quiz two sitting judges of Punjab and Haryana HC in the cash-at-doorstep scam. Will he supplement the bold decision and allow the CBI to prosecute them if it gathers strong evidence against them? The indication from the CJI was that he would. "I will cross the bridge when I come to it. Let the investigating agency collect hard evidence, present it before me for scrutiny and seek permission for their prosecution. You will see what decision I will take," said the CJI. Huge pendency of cases - almost three crore - and large number of vacancies in the trial courts still worries the CJI, who said despite all urgent measures, the demon refused to be tamed. The CJI also had a different approach towards representation of gender in judiciary. In nearly six decades of existence, the Supreme Court has seen only three women judges. But Chief Justice K G Balakrishnan is not unduly worried, for in his view, merit came before gender, caste or creed so far as selection of a judge was concerned. "We have to focus on talented lawyers, many of whom are not interested in taking up judgeship. We have to look for talent and not equal representation for gender, caste or creed," he said in response to a question whether there was a chance of a woman getting a berth in the three vacancies in the apex court. Does it bother him that the fair sex is not represented better in the judiciary? "I am not unduly bothered as we are in search of talent with integrity. We are much better, if you take this as a parameter, than the US Supreme Court which got a woman judge after 200 years of its existence," Justice Balakrishnan said. Justice Sandra Day O'Connor was the first woman judge in the US Supreme Court, nominated by President Ronald Reagan in 1981.
26 Sep 2008, 0046 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com/



Impeachment of judge is a political decision: CJI
http://www.hindu.com/thehindu/holnus/002200809251844.htm
New Delhi (PTI): The cumbersome procedure involved in impeachment of a judge cannot be substituted by a simple procedure, Chief Justice of India K G Balakrishnan said on Thursday.
"Everyone knows it (removal of judge through impeachment) is a cumbersome process. It has to be decided by Parliament represented by political parties. Ultimately it (impeachment) is a political decision," the CJI said in an interaction with apex court legal correspondents.
He said a judge should not be "thrown out" by a simple procedure and "that is why the procedure is cumbersome".
"Too much simplification for impeachment is not good," Justice Balakrishnan said when his view was sought on the prevalent procedure which requires that for presenting an impeachment motion in Parliament there should be the support of 100 Lok Sabha MPs or 50 Rajya Sabha members, apart from the requirement that the motion should be passed by two-thirds majority.
He said his personal opinion on impeachment does not matter as political leaders including the Prime Minister are accountable to the public. The procedure for impeachment was aimed at protecting the independence of judiciary, he said.
The CJI also spoke about the recommendation he made for the impeachment of Justice Soumitra Sen of Calcutta High Court and said after an in-house inquiry judicial work was withdrawn from him.
He was given an opportunity to resign, the CJI said adding that Justice Sen preferred not to do so.
He said though at the appointment level some allegations are not known about a judge but there are checks and balances to keep the black sheep away from the judiciary.
He refrained from making any comment on the cash-at-door scam in which a Punjab and Haryana High Court judge is allegedly involved. The matter is with the CBI.
Thursday, September 25, 2008
http://www.hindu.com/



Bomb threat at Calcutta HC, city civil court triggers panic
http://www.ptinews.com/pti/ptisite.nsf/0/1C359462D01C6531652574CF00553A1C?OpenDocument
Kolkata, Sep 25 (PTI) A threat to blow up the Calcutta High Court and the city civil court sent panic waves in the metropolis today but police did not find anything after launching a massive search.As news spread about the calls, panic gripped lawyers and the people, who were asked to the vacate the buildings."There were two separate calls from a telephone booth on Kiran Sankar Roy Road which is within a couple of 100 m from both the court buildings at around 4 pm," Deputy Commissioner of Police (Headquarters), Vineet Kumar Goyal said."A massive search was launched with sniffer dogs and personnel of the anti-sabotage department. However, they did not find anything," he said.Goyal said there were sufficient security arrangements not only for the high court and the city civil court but also at all vital installations and important buildings of the metropolis.There was no disruption of the court as proceedings end at 4.15 pm. PTI
http://www.ptinews.com/




Curbs on gay sex is violation of fundamental right, HC told
http://www.ptinews.com/pti/ptisite.nsf/0/492F8DA26C3DC624652574CF0048B67B?OpenDocument
New Delhi, Sep 25 (PTI) The gay rights activists today contended before the Delhi High Court that the government cannot infringe upon their fundamental right to equality by decriminalising homosexual acts on the ground of morality."The Constitution gives fundamental right to equality and it prohibits discrimination on the basis of sex. But these rights of 25 lakh homosexuals in the country are being violated," Advocate Shyam Diwan, appearing for gay rights activists said before a bench headed by Chief Justice A P Shah.The Court was hearing a petition filed by a bunch of NGOs, including Naz Foundation, seeking court's direction to decriminalise homosexual acts among consenting adults by amending Section 377 of Indian Penal Code.The IPC at present holds homosexual act as an offence and the Section provides a punishment of up to life imprisonment for indulging in such acts."Moral argument cannot triumph over the constitutional rights in a democratic society where fundamental rights prohibit any discrimination on the ground of sex," Diwan said adding that gays in the country don't have full "moral" citizenship and they are being treated as second class citizens."There are many identities by which a person is recognised. Normally people's identity is decided by one's nationality, caste, religion and region but when it comes to a gay, lesbian or trans-gender person, it is their sexual orientation which becomes their sole identity," he said. PTI
http://www.ptinews.com/




Centre has no power to ban smoking in pvt office, HC told
http://www.indianexpress.com/news/centre-has-no-power-to-ban-smoking-in-pvt-.../365330/
New Delhi, September 24: ITC Ltd, which has approached the Delhi High Court against the Centre's notification banning smoking in private offices, on Wednesday contended that the Government has no power to take such a decision.
Senior Advocate Soli Sorabjee, appearing for the company contended that the Act under which the notification was issued has already been stayed by the Madras High Court.
"When the Act has already been stayed where is the question of framing rules under the law. The government need to have statutory power to frame rules. After the Madras High Court interim order staying the operation of the law, the government has no power under the law," he contended before a Bench headed by Justice Vikramjit Sen.
He submitted that the rule which bans smoking at work places is unjustified as it would include private offices like a lawyer's chamber and studio of an artist.
Agencies Posted: Sep 24, 2008 at 1737 hrs IST
http://www.indianexpress.com/


HC admits plea against illegal detention
http://timesofindia.indiatimes.com/Mumbai/HC_admits_plea_against_illegal_detention_/articleshow/3524614.cms
Mumbai: As Mumbai police made the first five arrests from the city on Wednesday in connection with the Ahmedabad blasts, in a significant development, the Bombay high court admitted a petition filed by an accused in the March 2003 Mulund blast case challenging his 35-day illegal detention prior to his arrest five years ago. Earlier this year, the HC had directed that a judicial inquiry be held by the principal sessions judge into the alleged 35-day illegal detention of accused Adnan Mulla. The probe has confirmed that it was a case of illegal detention , said Mulla's advocate Mubin Solkar. The HC on Wednesday directed that the three police officers who were named in the inquiry be made party to the petition now. Mulla, who has been in jail since 2003, had moved the high court seeking probe into his illegal detention in connection with the Mulund blast in which over 10 people were killed.
25 Sep 2008, 0546 hrs IST, Swati Deshpande ,TNN
http://timesofindia.indiatimes.com/



Guide books get HC clean chit from copyright charges
http://timesofindia.indiatimes.com/India/Guide_books_get_HC_clean_chit_from_copyright_charges/articleshow/3524238.cms
NEW DELHI: The much-used guide books, the ubiquitous "kunjis", have survived a challenge to their existence with Delhi high court holding that books which offered "step-by-step" answers to questions contained in text books could not be seen to have violated copyright laws. Often the last resort of students hurrying to catch up with curriculum ahead of exams or those considered "weak" at studies, the "kunji" has for long attracted the ire of authors who have felt it was a barely disguised attempt at plagiarism or an unedifying rendering of their works. But now, guide books have emerged stronger, riding on a sympathetic ruling from the HC which dealt with a copyright challenge petition moved by 'The Chancellor Masters & Scholars of the University of Oxford', the well-known publisher of academic books. Disposing of the attack, HC said guides had no pretentions, neither masquerading as text books nor containing theoretical or explanatory portions of them. They just provided a step-by-step, or easy to understand, solutions to questions, which were copied for "fair use" and hence could not be charged for copyright violation. They catered to a different category - students 'weak' in understanding the subject. The publisher complained that one Narendra Publishing House, which brought out guide books, was in breach of copyright law as it had copied entire sets of questions from its mathematics text books for class XI and XII and solved them. Counsel Rajiv Bansal said sequencing of chapters and questions at the end were identical as in the guide books, and said authors of the book as well as the publisher had a copyright over these queries as well. "Guides compete with original text books for market share and hence, hurt commercial interest of publishers of the text books," Bansal said. Appearing for the guide book publisher, counsel Pratibha Singh said attempt to provide solution to the questions was based on the doctrine of fair use and was intended to help weak students. "Preparation of a guide book, which independently contains the working of every mathematical problem and steps for solving them, cannot be termed an infringement of the text book," she said. Accepting her contention, Justice Ravindra Bhat ruled in favour of the guide books giving them a clean chit from the charge of copyright infringement. Justice Bhat said a careful analysis of guide books against text books showed the latter did not contain the step-by-step process of arriving at solutions or answers, while guide books did not refer to theoretical or explanatory content as in the text books. The use of questions and answers by the guide book, which provided the process of reasoning, was for a different purpose, the judge said.
25 Sep 2008, 0541 hrs IST, Abhinav Garg & Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com/


CJI unruffled by criticism on judges' appointment procedure
http://www.hindu.com/thehindu/holnus/001200809252053.htm
New Delhi (PTI): Facing criticism of the system of appointment of judges for the Supreme Court and High Courts, Chief Justice of India K G Balakrishnan on Thursday said the procedure was the outcome of a judgement of the Constitution Bench of the apex court.
He said that the collegium which consists of three senior-most judges of the apex court only abides by the decision of the Supreme Court.
"We are following Supreme Court order on the procedure for appointment of judges. So long it is there we will follow the procedure," the CJI said in an interaction with the legal correspondents of apex court.
"I am bound by the decision of the Supreme Court till a change is brought by the legislatures," he said.
He was responding to the reported statement of Law Minister H R Bhardwaj, who was of the view that there was a need for a re-look at the collegium system, for appointment of judges, which he claimed has failed.
Justice Balakrishnan said even in the present system of appointment of judges government has some say.
"Previously government had more say. Even now they can have say subject to the satisfaction of the CJI," he said refrained from giving his personal view.
The CJI conceded that there were some difficulties and mistakes in the appointment of judges and corrective measures were taken to streamline the process.
"There are some difficulties and mistakes. I tried to correct and streamline the process," he said and elaborated that help of Bar Councils are also taken to find out whether any cases are pending against the advocates likely to be appointed as judges.
Thursday, September 25, 2008
http://www.hindu.com/



Law panel suggests separate tribunal for bounced cheque cases
http://www.thehindubusinessline.com/blnus/28251431.htm
NEW DELHI: Litigants involved in over 38 lakh cheque-bounce cases may get relief if a proposal, being considered by the Law Commission, to set up separate tribunals takes concrete shape.
The board of the Law Commission, which meets next month, is likely to approve a report which envisages separate tribunals for disposing cases under section 138 of the Negotiable Instruments Act to extend speedy justice.
“The board of the Commission will meet next month to approve the report...it will then be handed over to the government,'' said Law Commission of India Chairman, Justice A R Lakshmanan.
The proposal before the Commission says that unless speedy justice is delivered to the aggrieved, the purpose of the amendment in the Act in 2002 gets defeated.
Under the amendment, such cases are considered serious in nature. It also provides for enhanced punishment by way of penalty and period of punishment.
Since the number of judicial officers to deal with such cases is not enough, over 38 lakh such matters are pending before various courts in the country.
The magistrates have to dispose a variety of cases under provisions of IPC and CrPC and also cases under section 138 of the Negotiable Instruments Act, the proposal says.
The courts, it says, have very little time to deal with cases of commercial nature. – PTI
http://www.thehindubusinessline.com/

Independent tribunal accuses World Bank of human rights abuse
http://www.ptinews.com/pti/ptisite.nsf/0/A543D0C77B9DEC28652574CF00515159?OpenDocument
Mumbai, Sep 25 (PTI) A tribunal has accused the World Bank of fostering Human rights abuse and causing environmental damages in bank-funded projects in India.The Independent People's Tribunal (IPT) on World Bank Group, which submitted its final report on Wednesday, said the multilateral agency had been accused of several human rights abuses, including miscalculation of poverty, contribution to India's agricultural depression and farmers suicides.The tribunal also said, the World Bank led development had not improved employment levels in India and the Bank through policies of financial liberalisation, had reduced credit to India's rural poor, particularly dalits and adivasis and had undermined the elementary education system in India.There were 29 such charges against the World Bank in the final report that included water management, damage to environment and power reforms."The evidence and depositions we have witnessed presents a disturbing picture of increased and needless human suffering since 1991 among hundreds of millions of India's poorest in rural areas and in the cities," the tribunal said."It is clear that a significant number of Indian government policies and projects financed and influenced by the World Bank have contributed directly and/or indirectly to this increased impoverishment and suffering," the tribunal release said.A 1,000 page document was prepared by the tribunal and the final report was of 35 pages, the tribunal release said. PTI
http://www.ptinews.com/


VHP welcomes Nanavati Commission report
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=21748188-e5bb-411a-ab9b-201b0c34be2d&ParentID=b39addab-1565-4212-8ce2-55f16224c879&&Headline=VHP+welcomes+Nanavati+Commission+report
The VHP on Thursday described as a "landmark judgement" the Nanavati Commission report which gave a clean chit to Gujarat Chief Minister Narendra Modi.
VHP international secretary Pravin Togadia said that the report has established that Godhra train carnage was a "pre-planned attack."
The fact that 140 litres of petrol was purchased a day before the train fire proves that it was a "pre-planned attack," Togadia told PTI on the sidelines of the parishad's national council meeting in Agra.
The meeting decided to stage a nationwide agitation against jihadi forces.
Togadia also urged Prime Minister Manmohan Singh to disassociate himself from any dialogue process with Pakistan.
Press Trust Of India
Agra, September 25, 2008
http://www.hindustantimes.com/

Commission "satisfied" with findings, says Justice Nanavati
http://www.ptinews.com/pti/ptisite.nsf/0/456C6BF54B825479652574CF0052EE2B?OpenDocument
New Delhi, Sept 25 (PTI) With opposition parties critical of the report on the Godhra train carnage, Justice G T Nanavati today said the commission was "satisfied" with its findings."Unless we were satisfied, we would not have tabled the report. We have no doubt about what we have written," Justice Nanavati told 'Times Now', when asked whether he was convinced about the findings of the report.Asked to comment on Congress allegation that the panel had given clean chit to Gujarat Chief Minister Narendra Modi, he said "everyone is entitled to expressed ones' opinion. I have nothing to say about it".He said it was for people to draw whatever inference they wished to.Congress said it was "not at all surprised" by the findings of the commission, appointed by the Gujarat government, giving a clean chit to Modi.RJD chief and Railway Minister Lalu Prasad, said "people will not believe that Modi is innocent", while LJP chief and Union Minister Ramvilas Paswan dismissed the report as an "eyewash". The CPI has termed the findings as "partisan". PTI
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