Daily Legal News 02.10.2008

V P Singh wants land acquisition Act changed
http://www.hindu.com/thehindu/holnus/002200810021503.htm
New Delhi (PTI): In the backdrop of a series of farmers' protests over land acquisition for setting up industrial units in different parts of the country, former prime minister V P Singh on Thursday advocated change in the existing land acquisition Act.
"I want the Land Acquisition Act 1894 changed in this Parliament session commencing shortly as it was detrimental to the interest of the farmers," he told farmers of Kisan Manch at his home.
He claimed that the Act, of late, has started giving benefits to industrialists at the cost of interest of the poor farmers.
"People did not protest when the land acquired under the Act were used for setting up schools, hospital and canals, but nowadays the legislation is being misused to benefit industrial houses," he remarked.
Thursday, October 2, 2008
www.hindu.com




HC to govt: How come you appointed SEC?
http://timesofindia.indiatimes.com/Cities/Patna/HC_to_govt_How_come_you_appointed_SEC/articleshow/3551344.cms
PATNA: The Patna High Court on Wednesday sought a reply from the state government and the State Election Commissioner (SEC) J K Dutta as to how the CM, instead of the governor, appointed the SEC. A division bench comprising CJ R M Lodha and Justice K K Mandal issued the directive after hearing the PIL of Servers of Society whose lawyer, Ashutosh Ranjan Pandey, submitted that as per the provisions of the Constitution and Bihar Panchayati Raj Act, only the governor can appoint the SEC. He said the petitioner has the information, procured under the provisions of Right to Information Act, that the CM appointed the SEC in 2006. He sought the removal of SEC J K Dutta on this ground.
2 Oct 2008, 0416 hrs IST,TNN
http://timesofindia.indiatimes.com





Court hears PIL against Parsi poll malpractice
http://parsikhabar.net/court-hears-pil-against-parsi-poll-malpractice/#comment-15474
Hundreds Of Names Appear More Than Once In BPP’s Register
Mumbai: With barely a week left for the elections to the Bombay Parsi Punchayat (BPP) — the largest private landlord in the city — the Bombay high court on Thursday heard a public interest litigation (PIL), alleging electoral malpractices.
For the first time in the history of the over 350-year-old BPP, 25,000-odd Parsis will be able cast their vote to elect seven trustees, who will control a corpus of Rs 120 crore, 5,000 flats and the sprawling Towers of Silence at Malabar Hill.
The elections will be held over three weekends starting October 3 in different parts of the city. On Thursday, two community members, Jamshed Irani and Hormazd Dhaneshwar, told a division bench the names of hundreds of voters had been mentioned twice or thrice in the BPP’s general register.
The bench, comprising chief justice Swatanter Kumar and justice A P Deshpande, gave the BPP a fortnight to file its reply and said its final order would be binding on the punchayat.
The two petitioners said the electoral roles prepared by the existing punchayat trustees (two of whom are recontesting) show a “deliberate duplication” of voters. In many cases, individual voters’ names have repeated thrice in the rolls, but they bear different addresses and electoral roll numbers.
The petition cited the case of one Dhun Baria, a resident of Gilder Lane, whose name appears under roll number 1557 showing her address as Tardeo and under roll number 1578 with the address as Lamington Road.
The petitioners said the manner in which the outgoing trustees are conducting the elections “causes reasonable apprehensions in the mind of the Parsee community that the election will not be free and fair…” The petition said this would be akin to “fake elections conducted in certain tinpot republics.”
The PIL stated that with the BPP elections spread over 21 days and the fingermarking ink lasting for not more than five days, the electorate fears that the duplication was deliberately done by the trustees, whose intentions were mala fide. The PIL further said that some builders, who are standing as candidates, seeking a piece of plum property that the BPP controls. “Some of them have openly declared their intentions to exploit trust property if elected,” it said.
The petition stated that unless the court gives proper directions regarding security of ballot papers and ballot boxes in safe custody of a court-appointed officer, the trustees are likely to rig the elections.
The PIL has asked the court to order the BPP trustees to remove the duplicate and triplicate names from the electoral rolls, appoint an officer to supervise the elections and place the ballot boxes under police security until the results are declared.
NO ELECTION RULES
The World Alliance of Parsi Irani Zarthoshtis (WAPIZ), which has nominated four candidates, has said there are no rules of conduct for the forthcoming elections. “The BPP chairman most surprisingly stated that there was no need to have any rules of conduct for the elections and all parties should act in the ’spirit of the election’. This is an amazing contention for any trustee to make. The chairman said it was not the responsibility of the trustees or election president to stop any malpractice and the candidates should act as vigilantes,” said Wapiz, in a letter to the BPP on September 15. “With bizarre statements such as these, it is clear that you, the trustees, being on your last legs have no intention of holding a poll that is even perceivably fair. We reiterate that the absence of rules of conduct will leave the doors open for poll malpractices. We call upon the trustees to frame rules and circulate them to all candidates,” said the letter. TNN
By arzan sam wadia September 27, 2008
Nauzer Bharucha I TNN
http://parsikhabar.net



Constitutional Law : SC notice to states on human rights commissions
http://www.lawyersclubindia.com/news/2008/9/sc_notice_to_states_on_human_rights_commissions.asp
The Supreme Court on Monday sought response from 13 States and the Union Territories on a PIL which complained that had not set up any human rights panels.The petition filed through post by an NGO, Citizen Forum on Human Rights, had alleged that these States/UTs have not established any State Human Rights Commission or even human rights cells to protect the rights of the citizens.The States which have not constituted the Human Rights Commissions are Delhi, Haryana, Jharkhand, Uttaranchal, Bihar, Pondicherry, Meghalaya, Arunachal Pradesh, Nagaland, Mizoram, Tripurar, Sikkim and Goa.The petition lamented that it was shameful that in the world's biggest democracy even 15 years after the formation of Protection of Human Rights Act 1993, the said States have failed to set up the human rights commissions.It also blamed the National Human Rights Commission (NHRC) for failing to ensure that the States set up the panels.The PIL urged the court to seek explanation from the NHRC and the States on the issue and ensure that the SHRCs were constituted within six months.SC notice to Centre, LS Secretariat on disqualified MP's pleaThe Supreme Court issued notice to the Centre and the Lok Sabha secretariat on a petition file by Mohammad Shahid Akhlaq, former BSP Member of Parliament, challenging his disqualification from the House by the Speaker under the anti-defection law.Akhlaq, who was elected as an MP of the BSP from the Nauchandi Lok Sabha Constituency, Meerut was disqualified for having defected in December, 2006 to the Samajwadi Party headed by the then Chief Minister Mulayam Singh Yadav.On the basis of the disqualification application filed by the BSP, the Speaker after conducting an inquiry through the committee of privileges, had disqualified Akhlaq under the anti-defection law on 27th January 2008.The aggrieved MP, filed a writ petition in the Allahabad High Court challenging his disqualification but it was dismissed following which he appealed in the apex court.In the apex court, the disqualified MP has argued that his disqualification was illegal and erroneous as there was no documentary or other admissible piece of evidence to substantiate the charge that he had defected to the Samajwadi Party.According to him, the disqualification was allegedly based on newspaper reports and electronic media reports purportedly showing his meeting with the then Chief Minister Mulayam Singh Yadav during a public meeting when the latter visited the Nauchandi constituency.The aggrieved MP has claimed that the media reports were distorted and the action of the Speaker by relying on the said media reports was illegal and erroneous and hence his disqualification should be set aside.
Posted on : 29 September 2008 by Y.Prakash
www.lawyersclubindia.com


High court rejects Shahabu bail plea
http://timesofindia.indiatimes.com/Cities/Patna/High_court_rejects_Shahabu_bail_plea/articleshow/3551330.cms
PATNA: The Patna High Court on Wednesday dismissed the bail petition of Siwan MP Mohd Shahabuddin, who is accused in a case under Wildlife Protection
Act for keeping in his house a live deer, a Royal Bengal Tiger skin and two deer skins. A single bench presided by Justice Radha Mohan Prasad dismissed for default the bail petition on non-appearance of any lawyer for Shahabuddin. Additional public prosecutor Shyameshwar Dayal referred to the provisions of Wildlife Protection Act which prohibits keeping a deer tied and keeping skins of tiger and deer. Writ petition allowed: A single bench presided by Justice R K Datta has allowed a writ petition seeking quashing of the proceedings of a special meeting of Barhat Banchayar Samiti in Jamui district which was convened to pass a no-confidence motion against block pramukh Renu Devi.
2 Oct 2008, 0411 hrs IST,TNN
http://timesofindia.indiatimes.com





Public service panel moves High Court against ‘malafide inquiry’ by govt
http://www.indianexpress.com/news/Public-service-panel-moves-High-Court-against--malafide-inquiry--by-govt/368477
Allahabad, October 1 The chairman of the Uttar Pradesh Public Service Commission (UPPSC), Ram Sewak Yadav, and three other members have moved Allahabad High Court against a vigilance inquiry ordered against them.
Their writ petition alleges that the “inquiry is illegal” and motivated by the “malafide intention” of the state government.
In the petition, the chairman also mentioned: “On August 28, Cabinet Secretary Shashank Shekhar Singh warned me of punitive actions if I and the other members do not resign. I informed the Governor about the incident the next day.”
On August 27, the Government had ordered the vigilance inquiry against the UPPSC chairman and members Somesh Yadav, C N Singh, Zahid Khan, Dr Pankaj and A K Chaturvedi for alleged irregularity in the selection of Provincial Civil Services (Judiciary) 2003 and Women Medical Officers (Allopathy), 2005. The inquiry also sought to know the assets of a few of them.
Vijay Pratap Singh Posted: Oct 02, 2008 at 0102 hrs IST
www.indianexpress.com


SC stays trial in Sohrabuddin case
http://www.indianexpress.com/news/SC-stays-trial-in-Sohrabuddin-case/368455
New Delhi, October 1 The Supreme Court on Tuesday ordered an interim stay on trial proceedings in the alleged fake encounter killing of Sohrabuddin Sheikh by the Gujarat Police. It posted the matter for further directions to the second week of November.
While ordering the stay, a bench of Justices Tarun Chatterjee and Aftab Alam took note of how Rubabuddin Sheikh, Sohrabuddin’s brother, and his family are under constant fear. The court, responding to a petition by Rubabuddin, directed the Madhya Pradesh Police to provide necessary protection to his family.
The bench, after a five-hour-long hearing, also ordered the secretary general of the apex court to seal all records pertaining to the proceedings pending before the City Sessions Court, Ahmedabad.
The directions followed submissions by Additional Solicitor General Gopal Subramaniam, who’s the amicus curiae in the case. He criticised the Gujarat Government for its attempts to scuttle the probe. Subramaniam blamed Inspector General of Police Geeta Johri for misleading the investigations to protect accused police officers.
Express news service Posted: Oct 02, 2008 at 0041 hrs IST
www.indianexpress.com



As SC raps, Centre says doctors can’t deny care to HIV+
http://www.indianexpress.com/news/As-SC-raps--Centre-says-doctors-can-t-deny-care-to-HIV-/368474
New Delhi, October 1 Doctors who refuse to treat HIV/ AIDS patients will be sternly dealt with, the Centre told the Supreme Court on Wednesday. However, during the hearing on a PIL related to the matter, the court observed that the Government is not doing enough to improve the public healthcare system.
During the hearing of a PIL highlighting apathetic treatment and lack of facilities for HIV/ AIDS patients across the country, the three-member Bench, headed by Chief Justice K G Balakrishnan, on Wednesday remarked, “In rural India, there are hardly any doctors. Even in a 50-bed hospital not a single doctor is available. It’s only on paper.”
As Additional Solicitor General Gopal Subramanium informed the court that the Government has recently asked all the state governments to improve healthcare facilities, and that primary health centres were working satisfactorily in rural areas of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu, the court shot back, “Go and check in any Government hospital in Delhi, Bihar and UP.”
Trying to convince the Bench about the ‘remedial’ measures taken at the highest level to deal with instances of refusal to persons living with HIV/ AIDS (PLHA) or non-availability of basic medicines or treatment for them, the Government counsel said all the states have been asked to implement the office memorandum sent to them recently. According to the office memorandum, “All doctors, nurses and hospital staff, whether in the public or private sector shall treat PLHAs in a professional and humane manner, treating them always with dignity and care. No doctor or nurse shall refuse to treat a PLHA on account of his/her positive status. In treating a PLHA there shall be no discrimination or stigma whatsoever.” It also suggested taking stringent steps against any doctor who refuses to treat any HIV/ AIDS patient.
Express news service Posted: Oct 02, 2008
www.indianexpress.com


SC appoints new technical member for Glivec case
http://www.thehindubusinessline.com/2008/10/02/stories/2008100252480100.htm
Mumbai, Oct. 1 All decks seem to have been finally cleared for the review of the rejection of Novartis’ patent on its cancer drug Glivec. The Supreme Court has appointed Dr P.C. Chakraborty, of the Patent Office in Kolkata, as technical member on the Intellectual Property Appellate Board (IPAB) for the review of this case.
The appointment of the IPAB’s technical member had itself become a point of litigation between Novartis and Natco (also party to the case), side-tracking the actual review of the rejected Glivec patent.
The reason for Novartis’ concern was that the earlier technical member appointed to the IPAB, Mr S. Chandrasekaran, was the former Patent Controller under whom Novartis’ patent on Glivec had been rejected in the first place, in January 2006.
The new technical member Dr Chakraborty is Deputy Controller of Patents and Designs at the Kolkata Patent Office, and his name was selected from a list of 20 patent attorneys and 22 patent controllers that the Centre submitted to the apex court, a legal source handling the case told Business Line.
The court has also directed the IPAB to hear the issue on November 3, to decide other modalities of the case.
Thursday, Oct 02, 2008
P.T. Jyothi Datta
www.thehindubusinessline.com




Somalia hijacking: SC seeks report on steps taken by Centre
http://timesofindia.indiatimes.com/India/Somalia_hijacking_SC_seeks_report_on_steps_taken_by_Centre/articleshow/3551099.cms
NEW DELHI: A ray of hope has emerged for the kin of the Indian crew on foreign vessels — MT Stolt Valor hijacked by Somali pirates on September 15 and ‘Jupiter 6’ that went missing off the Namibian coast in 2005 — who have been complaining about the Centre’s inaction and indifference to their pleas. Relatives of the Indian crew of these two vessels alleged that they have been stonewalled by the Centre, which has all along refused to divulge whether or not steps were being taken to collect information about the whereabouts of the missing crew. No more. For, the SC has given a four-week deadline to Centre to answer the queries of the relatives, in addition to others framed by it. The searching queries include the action taken by the Centre against recruiters of Indian seamen and the steps taken to safeguard their interests. The SC said this question assumes significance since the Director General of Shipping (DGS) admitted to having received complaints about the failure of shipping companies and recruiting agents of Indian seafarers in reporting marine casualties involving them to the government and their family members. MT Stolt Valor, a chemical tanker with 18 Indian crew aboard, was hijacked by Somali pirates in the Gulf of Aden immediately after it crossed the Suez Canal on its way to Mumbai. ‘Jupiter 6’, a trawler with 13 crew, of which 10 were Indians, had disappeared after leaving Port Elizabeth on September 5, 2005. It was on the petition filed by the family members of Indian crew on ‘Jupiter 6’ that made SC embark on a inquiry about the state of alertness of Centre to meet exigencies arising from marine casualty situations.
2 Oct 2008, 0204 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com





Gout, civic body get HC rap for ‘not caring’ for dyslexic students in their schools
http://www.expressindia.com/latest-news/gout-civic-body-get-hc-rap-for-not-caring-for-dyslexic-students-in-their-schools/368432/
New delhi, October 1 Bawa Aditya Singh, 27, is a manager with a restaurant. He is dyslexic. Singh is what he is today to a large extent because of the foresight of his mother Anjuli Bawa, who runs the country’s first online website ‘Action Dyslexia Delhi — Beyond Education’ to help parents of children with learning disability. But Singh is lucky that his mother probed deep enough to learn more about her son’s “fear of reading” — he was also the first student to get concessions from CBSE during his Board exams over a decade ago. But this is not the case for 22 lakh children in schools run by the Municipal Corporation of Delhi and the Delhi government.
On Wednesday, the government and MCD were left looking for answers when a High Court division bench of Chief Justice A P Shah and Justice S Muralidhar asked them if there was a prevalent mechanism to identify dyslexic children in government-run schools. The court found that the schools hardly kept any medical records of students.
“Dyslexia is difficult to identify unlike other disorders. Why are there no special or trained doctors to identify or help dyslexic students?” the Bench asked. “Imagine the state of these children if they are unable to cope with the mainstream.”
MCD runs 1,800 schools; the state government runs approximately another 1,000.
“MCD has 67 full-time doctors plus nurses and assistants available for its schools; what are they doing?” the Bench asked. The court directed both MCD and the government to submit a detailed report on various disabilities detected among students — “class-wise, school-wise”.
“One to two per cent children in every school in Delhi is severely dyslexic. Four to five per cent in every school has other learning disability,” Dr Roma Kumar, senior consultant and clinical psychologist with Sir Ganga Ram Hospital, said.
But she said it would be impossible to spot a dyslexic child before the age of six or seven.
Defending the government, counsel Najimi Waziri said, “We do have specially trained teachers focussed on integrating special children into the mainstream. There is also a Disability Commission for Delhi to devise special schemes for such children.”
Common symptoms of dyslexia* Seeing words in ‘mirror image’, or reverse image — C as D * Poor writing, spelling and numbering skills— 72 as 27* Introvert nature* Intolerant to critcism* Preference for company of younger children * Easily distracted and temperamental* IQ usually average or above-average
Krishnadas Rajagopal
Posted: Oct 02, 2008 at 0028 hrs IST
www.expressindia.com



HC raps Centre, says gays living in fear of prosecution
http://timesofindia.indiatimes.com/India/Gays_living_in_fear_of_prosecution_HC/articleshow/3550414.cms
NEW DELHI: Countering the Union government’s claim that homosexuality was against the order of nature, Delhi High Court on Wednesday posed some tough
questions to the Centre. Joining issue with the government for justifying retention of the penal provisions against homosexuality, HC demanded to know what material evidence it had for maintaining the ban. ‘‘What is that compelling state interest to continue with such a provision like Section 377 (carrying a punishment of up to life sentence),’’ a bench comprising Chief Justice A P Shah and Justice S Muralidhar asked, adding ‘‘Such people suffer from indignity and discrimination in the society.’’ The bench said that due to the penal provision, it is difficult for homosexuals to come out and seek treatment for HIV, which affects 8% of their population. ‘‘If there is a stringent law prescribing punishment up to life imprisonment, how do you expect MSMs (man having sex with man) to come forward and get treatment for HIV?’’ the bench asked. ‘‘People (gays) are living under fear of being prosecuted.’’ The government has argued that “gay sex is against the order of nature” and in such compelling circumstances, the state has to take the help of the law to maintain public morality.
2 Oct 2008, 0110 hrs IST,TNN
http://timesofindia.indiatimes.com



Now Centre tells HC gay sex against nature’s order
http://www.indianexpress.com/news/Now-Centre-tells-HC-gay-sex-against--nature-s-order/368468
New Delhi, October 1 Even as the Health Minister vows to take up gay rights with Prime Minister Manmohan Singh, the Centre is still hanging strong in the Delhi High Court arguing that “homosexual sex is against the order of nature”. Additional Solicitor General P P Malhotra, who earlier told the court to “ignore” statements made by Union Health Minister Anbumani Ramadoss, submitted in court that Section 377 of the IPC ought to prevail to “protect the human race”.
“The act such as intercourse between men, whether it causes harm or not to the public, is against nature. The legal provision should not be interfered with in order to protect the human order,” the ASG urged a Bench of Chief Justice A P Shah and Justice S Muralidhar.
Justice Muralidhar retorted to this with a question as to whether the Centre is sending a “wrong message” to the public against such people (men-having sex-with men). “You have widely made it known... your arguments have been widely reported that the Union of India finds MSMs against the order of nature. So, what message are you sending? Is your message to the public that not to co-exist with these people?” asked Justice Muralidhar.
Adding a word to his fellow judge’s comments, the Chief Justice, putting it more succinctly across to the ASG, told the latter that public morality is not enough to prove the “compelling interest” the Government has against decriminalising homosexuality.
Krishnadas Rajagopal Posted: Oct 02, 2008 at 0056 hrs IST
www.indianexpress.com


HC stays privatisation of 33 UP mills
http://www.business-standard.com/india/storypage.php?autono=336053
PIL says disinvestment is against several central and state laws.
The Allahabad High Court has stayed the privatisation of about 33 Uttar Pradesh Sugar Corporation mills till October 13, 2008.
Hearing a Public Interest Litigation (PIL) filed by Rajeev Kumar Mishra of Maharajganj district, a Division Bench comprising Justices Ashok Bhushan and Vinit Saran ordered that the third party right shall not be created till the next date of hearing on October 13.
The PIL had contended that the disinvestment move of the UP government was against several central and state laws. The petitioner also informed the court about the September 29 ordinance by the state in respect of the sale of the equity share of the sugar mills, which he termed was to legalise the illegal sale.
The petitioner contended that the privatisation move would finish off the sugarcane area in UP. He said agriculture should instead be promoted in the state. The court also allowed Mishra to amend his petition in the meantime to challenge the ordinance.
Further, the bench rejected the state argument that the petitioner had filed a ‘proxy petition’ on behalf of vested interests noting that he had a 100 acre holding and the local villagers had authorised him to file the petition on their behalf. In an earlier hearing on September 12, the court had struck down the name of UP Chief Minister Mayawati from the list of respondents.
The state government wants to private the sugar sector to bring about operational efficiency. Gammon India, Uflex and Chaddha group have submitted their financial bids for the mills, which were opened last evening.
Now, a committee headed but the chief secretary would decide on the fate of the bid. This would entail studying the valuation report of the consultants and taking into consideration other aspects.
“This process will take 3-4 days,” official sources on Wednesday Business Standard. Of the total 33 sugar corporation mills, 22 are in working condition, while only 17 of them had participated in the 2007-08 crushing season.
Besides, four of these sick units are under the purview of Board for Industrial and Financial Reconstruction (BIFR).
Virendra Singh Rawat / Lucknow October 02, 2008, 0:04 IST
www.business-standard.com


Centre faces tough questions in HC on homosexuality law http://www.ptinews.com/pti/ptisite.nsf/0/083ED8BA242F4C1F652574D500510366?OpenDocument
New Delhi, Oct 1 (PTI) The Centre today faced tough questions from the Delhi High Court for justifying retention of the penal provisions against homosexuality that allegedly subject gays to discrimination in society."What is that compelling State interest to continue with such a provision like Section 377 (carrying a punishment of upto life sentence)," a bench comprising Chief Justice A P Shah and Justice S Muralidhar said adding "Such people suffer from indignity and discrimination in the society".The Bench said that due to the penal provision, homosexuals are not coming out openly in the society for treatment of HIV which comprises 8 percent of their community."If there is a stringent law prescribing punishment upto life imprisonment do you expect MSMs (man having sex with man) would come forward for their treatment of HIV," the Bench observed adding "People (gays) are living under constant fear of being prosecuted." The Government, however, contended that these problems could be easily tackled by educating these people and there is no need to scrap the provisions against gay sex."Demand for legalising such acts is not the answer. People indulging in such acts do not come forward because of shyness but blame the government," Additional Solicitor General P P Malhotra argued.Reacting sharply to Centre's submission, the bench said "Why don't you educate those people who go to prostitutes to prevent spread of HIV." "How are you educating people to co-exist with people who are not like them. Are you telling them to view these people as doing things which are against the order of the nature," it said, questioning the government on its mechanism to deal with health problems of gays. PTI
www.ptinews.com


HC raps Centre, says gays living in fear of prosecution
http://timesofindia.indiatimes.com/Delhi_HC_to_Centre_Protect_gay_rights/articleshow/3550414.cms
NEW DELHI: Countering the Union government’s claim that homosexuality was against the order of nature, Delhi High Court on Wednesday posed some tough questions to the Centre. Joining issue with the government for justifying retention of the penal provisions against homosexuality, HC demanded to know what material evidence it had for maintaining the ban. ‘‘What is that compelling state interest to continue with such a provision like Section 377 (carrying a punishment of up to life sentence),’’ a bench comprising Chief Justice A P Shah and Justice S Muralidhar asked, adding ‘‘Such people suffer from indignity and discrimination in the society.’’ The bench said that due to the penal provision, it is difficult for homosexuals to come out and seek treatment for HIV, which affects 8% of their population. ‘‘If there is a stringent law prescribing punishment up to life imprisonment, how do you expect MSMs (man having sex with man) to come forward and get treatment for HIV?’’ the bench asked. ‘‘People (gays) are living under fear of being prosecuted.’’ The government has argued that “gay sex is against the order of nature” and in such compelling circumstances, the state has to take the help of the law to maintain public morality.
2 Oct 2008, 0110 hrs IST,TNN
http://timesofindia.indiatimes.com


CJI for strict scrutiny of names for post of High Court judges
http://www.hindu.com/2008/10/01/stories/2008100159310100.htm
NEW DELHI: With a view to ensuring strict scrutiny of the 14 names sent by the Madras High Court for appointment of judges in the existing vacancies, Chief Justice of India K.G. Balakrishnan has called for more details in respect of each of them on a 25-point pro forma.
Following the CJI’s recommendation to Prime Minister Manmohan Singh to initiate proceedings for the removal of Justice Soumitra Sen, Calcultta High Court Judge, a question arose as to how Mr. Sen was recommended for judgeship.
Subsequently, the CJI made it clear that in future there would be strict scrutiny of candidates. According to him, the search process should identify good practising lawyers, who had been meticulous and who displayed exemplary behaviour and dignified conduct in their profession.
The 25-point pro forma sent to each of the 14 candidates is a sequel to the CJI’s commitment to ensure that the selection process is not vitiated in any manner.
They 14 names are: R. Mala, Aruna Jagadeesan, G.M. Akbar Ali, T.S. Sivagnanam, Raja Elango, C.T. Selvam, T. Raja, M.M. Sundaresan, C.S. Karnan, Hari Paramanandam, N. Kirubakaran, R.S. Ramanathan, B. Rajendran and Doraiswamy.
Details sought in the pro forma include: number of years of practice indicating the places and courts of practice; field of specialisation – civil, criminal, constitutional, taxation, labour, company, services etc – with reported and unreported judgments of the Supreme Court and High Courts for the last five years in which he had argued independently; his/her association with any political party; position held in the bar association or Bar Council or in the government; whether member of any club; whether any case pending against him/her and whether there was prosecution or conviction; whether spouse or any blood relation is practising in the High Court; if so whether he/she can give consent for transfer to another High Court for two years; whether related to any of the High Court or Supreme Court judge and any proceeding pending in the Bar Council.
Wednesday, Oct 01, 2008
J. Venkatesan
www.hindu.com


Federal agency need of the hour, says CJI
http://news.in.msn.com/national/article.aspx?cp-documentid=1671814
New Delhi: As the country comes under frequent terror attacks, Chief Justice of India (CJI) K.G. Balakrishnan on Saturday too favoured setting up of a federal agency to deal with such organised crimes.
He suggested that states should sit together to sort out their differences on the issue.Speaking to reporters after inaugurating an exhibition The Trial of Bhagat Singh at the Supreme Court Museum, the CJI said it would help in better investigation of terror-related cases.“A federal agency would be good as in the inter-state crimes like terrorism one investigating agency could do a better work,” he said.Noting that state police faced problems in probing such cases, justice Balakrishnan pointed out that the CBI could not take over the investigation without consent of the state concerned.The CJI's suggestion comes close on the heels of the M. Veerappa Moily headed Administrative Reforms Commission (ARC) report that recommended creation of a specialised division in the CBI to investigate terror offences.On introducing tough anti-terror law, he said it could be helpful in tackling terrorist activities but added: “A tough anti-terror law would only be successful if it embodies a mechanism to prevent its misuse.”Pointing out that India is signatories to various human rights conventions, the CJI said: “The problem with such laws are at the implementation level vis-a-vis human rights violations. A draconian law is likely to be misused.” He, however, said it was for Parliament to decide what type of law the country needed.
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Sunday, September 28, 2008
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