Daily Legal News 23.10.2008

Govt to HC: Dismiss Railways writ petition on coach factory
http://www.expressindia.com/latest-news/govt-to-hc-dismiss-railways-writ-petition-on-coach-factory/376919/
Express News Service
Posted: Oct 23, 2008 at 0341 hrs IST
Lucknow, October 22 The state government submitted an application to the Allahabad High Court on Wednesday asking it to dismiss a writ petition filed by the Union Railway Ministry in connection with the government’s decision to take back land meant for the construction of a coach factory in Rae Bareli.
The government submitted that following its decision to return the land, the petition now stands “infructuous”.The ministry, on the other hand, opposed the application on the ground that the new order is different from the previous one, as it talks about providing the land on lease.
In the previous order, land was registered in the ministry’s name as an outright purchase.
The Lucknow Bench of the High Court comprising Justices Pradeep Kant and Ved Pal asked the ministry to submit a rejoinder as a reply to the counter-affidavit filed by the state. The next hearing will be held on November 11.
Dr Ashok Nigam, Additional Solicitor General and also the counsel of the ministry, said: “The counter-affidavit by the state government came around 4 pm on Tuesday. It hardly gave us time to prepare a reply. We have thus asked for more time to submit our rejoinder.”
If necessary, we may amend the petition to challenge the fresh order of the state government, he added.
http://www.expressindia.com/latest-news/govt-to-hc-dismiss-railways-writ-petition-on-coach-factory/376919/


Supreme Court judgement disappoints Cuttack archbishop
http://www.newstrackindia.com/newsdetails/30500
National,Religion, Wed, 22 Oct 2008 IANS
Bhubaneswar, Oct 22 (IANS) Raphael Cheenath, the Archbishop of Cuttack - Bhubaneswar Wednesday said he was disappointed with the judgement of the Supreme Court on the petition he filed seeking a Central Bureau of Investigation (CBI) probe into the nun rape case.
'I am disappointed. I was expecting more from the Supreme Court,' Cheenath told media persons after hearing the news that the apex court has declined his plea.
Cheenath said he will go through the judgement and will discuss it with the people of his community before giving any further statement on the matter.
Kandhamal district has seen large-scale communal violence, mostly attacks on Christians and their places of worship, after the Aug 23 killing of Vishwa Hindu Parishad (VHP) leader Swami Laxmanananda and four of his aides.

Though Maoist rebels have claimed responsibility for the killings, radical Hindu groups hold Christians responsible for the crime.

At least 36 people have died in the violence that has left more than 20,000 people homeless.

Cheenath had filed a petition in the apex court seeking compensation to rebuild the churches demolished in the sectarian violence and seeking a probe by CBI into the alleged rape of a nun in the district.
http://www.newstrackindia.com/newsdetails/30500


Gujarat HC notice to Union finance ministry
http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_notice_to_Union_finance_ministry/articleshow/3630597.cms
23 Oct 2008, 0255 hrs IST, TNN
AHMEDABAD: Gujarat High Court last week issued notice to Union finance ministry and sought explanation about appointment of independent directors in 12 nationalised banks. High court acted on a public interest litigation filed by Senior Citizens' Service Trust challenging the appointments claiming that these appointments were political, whereas the provision states that the persons appointed on these posts should have expertise in various fields. Praful Desai, executive secretary of this litigant group, has claimed in his PIL that as per Section 9(3)(A) of Banking Companies (Requisition and Transfer of Undertaking) Act, independent directors, who are also known as 'non-official directors' in bank parlance, should possess special knowledge or practical experience in fields such as agriculture or banking or economics or law or small scale industries. Their appointments are usually made to represent the interest of depositors. However, in 2007 the Union government appointed 37 independent directors, "of whom 33 are known for their allegiance to the Congress party — some are politicians, who have either lost election or loyalists to whom party wishes to dole favour," the petitioner has claimed. The petitioner group sought information from the finance ministry under the RTI Act, which said that the list of 60 potential directors, who are chartered accountants, company secretaries, lawyers, economists etc. was not placed by the Banking Department before the cabinet appointment committee, which selected the 37 persons. Claiming that these appointments were in violation of the statutory provision and framed guidelines, the Trust filed this PIL. High court has fixed November 19 for further hearing in this case.
http://timesofindia.indiatimes.com/Ahmedabad/Gujarat_HC_notice_to_Union_finance_ministry/articleshow/3630597.cms



Cong tries to raise issue of SC order on Godhra
http://www.hindu.com/thehindu/holnus/002200810231222.htm
New Delhi (PTI): Congress members on Thursday tried to raise in Rajya Sabha the issue of Supreme Court ruling that charges under POTA could not be brought against Godhra train carnage accused, but were not allowed to do so.
As soon as the House met for the day, Praveen Rashtrapal (Cong) raised the ruling of the Apex Court earlier this week.
He was, however, countered by BJP members particularly those from Gujarat.
As both sides traded charges and counter-charges, Chairman Hamid Ansari pleaded for the Question Hour to be taken up.
Order was soon restored in the House and the listed agenda was taken up.
The Apex Court had held that the findings of the state POTA Review Committee to drop charges against the train carnage accused under the repealed anti-terror law would be binding on the government and the designated court.
http://www.hindu.com/thehindu/holnus/002200810231222.htm



HCS pass marks reduced for SC candidates
http://www.indianexpress.com/news/HCS-pass-marks-reduced-for-SC-candidates/376897
Express News Service Posted: Oct 23, 2008 at 0314 hrs IST
Chandigarh, October 22 : The Haryana Chief Minister, Bhupinder Singh Hooda today announced five per cent decrease in the minimum pass marks required by SC candidates for recruitment to the posts of HCS (executive and judicial branches). candidates from this category would now be declared pass even if they get 45 per cent marks, five per cent less than the earlier minimum pass marks. He also announced increase in the amount of financial assistance being given to advocates belonging to the Scheduled Castes (SCs) for purchasing library books from Rs one lakh to Rs 1.5 lakh
Hooda, who was here to attend a seminar on ‘Uplift of lawyers from weaker sections’, organised by the Dr Ambedkar SC/ST Association of Advocates here today, said the state Government was committed to the uplift of the weaker sections of society.
Terming Congress and the people of scheduled castes and backward classes as complementary to each other, he said that whenever people of these communities got annoyed with the party, it had lost power and whenever Congress lost power, a number of atrocities were committed on the people of these communities.
Hooda said he was highly sensitive to the problems of poor people of the society because he belongs to a family which always fought against social injustice. Giving details of the steps taken by his government for the uplift of the poor, he said that a seven-time increase in the budget meant for the development of SCs had been effected. HPCC president Phool Chand Mullana. Babu Ram Dahiya, president, Dr Ambedkar, SC/ST Association of Advocates, gave a memento to the Chief Minister. Former Chief Justice of Punjab and Haryana HC, Vijender Jain, was also present.
http://www.indianexpress.com/news/HCS-pass-marks-reduced-for-SC-candidates/376897



SC declines CBI probe into nun's rape case
http://timesofindia.indiatimes.com/India/SC_declines_CBI_probe_into_nuns_rape_case/articleshow/3627890.cms
23 Oct 2008, 0101 hrs IST, Dhananjay Mahapatra , TNN
NEW DELHI: The Supreme Court on Wednesday refused to order a CBI probe into the nun's rape case and asked as to why the victim was not participating in the test identification parade of the accused to nail

the culprit despite having stated that she can identify the perpetrators. "If you do not cooperate with the police in investigating the case and finding out the truth, there is little this court can do," the court told Archbishop Raphael Cheenath, who was virtually pleading on her behalf to say the victim had no faith in the state police. Except for refusing CBI probe into the rape case, the SC gave a slew of directions to the Naveen Patnaik government, all aimed at bringing back normalcy in the riot-hit areas and giving protection to the Christian community, which expressed apprehension of being targeted again during the coming Christmas festivities. Brushing aside the Centre's reservations, a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal ordered all the additional central paramiliatary forces, which were rushed to the state when rioting was at its peak, to remain stationed there till December-end. It also asked the state government to immediately pay compensation to the victims, give sufficient protection to all relief and rehabilitation workers, including those from Christian NGOs, working to provide succor to victims in relief camps in Kandhmal district and adjoining areas. On the contentious issue of Rs 3 crore demanded by petitioner and Archbishop Raphael Cheenath for rebuilding churches demolished and damaged by mobs, the apex court was at a loss to understand how grants could be given for rebuilding damaged orphanages, hospitals and schools run by the community, but not for the reconstruction of churches. Appearing for the state, senior advocate K K Venugopal said the Naveen Patnaik government was following a central guideline framed for the 1984 anti-Sikh riots when grants were given to charitable organisations run by the Sikh community but not for building damaged gurdwaras. However, he said the state was ready to contribute if the court so directs. The Bench asked the state government to generously consider providing grants for reconstruction of churches and encouraging inter-community meetings to bring back peace and normalcy in the riot-hit areas so that communal harmony prevails. The nun's rape case was the focus of the proceedings that went on for more than two hours before the Chief Justice's Bench. When the court wondered as to why the nun was not cooperating with the police in the investigation, senior advocate Colin Gonsalves, appearing for the petitioner, pooh-poohed the state's claim of a fair investigation. He said the nun had alleged that after the rape she was in protection of policemen who did not do anything when a mob dragged her out, stripped her and paraded her in the entire village. No policeman has been punished for derelection in duty, he alleged. Venugopal pointed out that these allegations were not part of the original complaint. Gonsalves said this attitude of not trusting a rape victim had pained her immensely and she now felt that there was no point in pursuing the matter as the sinners would be punished in their next birth.
http://timesofindia.indiatimes.com/India/SC_declines_CBI_probe_into_nuns_rape_case/articleshow/3627890.cms




SC caught Centre's doublespeak on POTA
http://timesofindia.indiatimes.com/India/SC_caught_Centres_doublespeak_on_POTA/articleshow/3630853.cms
23 Oct 2008, 0442 hrs IST, Dhananjay Mahapatra , TNN
NEW DELHI: The Supreme Court has caught the UPA government's double speak on the binding nature of the recommendations given by POTA Review Committees on designated trial courts. The Centre may have rejoiced at the vindication of its stand in Tuesday's Supreme Court ruling that the committee's recommendation for dropping POTA charges against all accused in Godhra train burning case was binding on the designated trial court, but it said something different before the Gujarat High Court in the same case. In paragraph 19 of the judgment authored by Chief Justice K G Balakrishnan, writing for himself and Justice R V Raveendran, the judges said: "In so far as Union of India is concerned, we find that there is a slight shift from the stand taken before the high court." In the high court, the Centre had argued that the power of the review committee was subject to section 321 of the Criminal Procedure Code, under which it was for the public prosecutor alone to withdraw charges against an accused with the permission of the concerned government. Justice Balakrishnan said the Centre's stand was accepted by the HC, which said: "We are inclined to agree with the additional solicitor general that the impugned provision should be read in conjunction with the code and the same do not, in any manner, encraoch upon the judicial power of the state and that the opinion formed by the review committee on the prima facie nature of the case under POTA has to be given due weightage by the special court and accepted unless there are exceptional reasons for not doing so." Without challenging the HC decision in the Supreme Court as was done by the Godhra case accused, the Centre shifted its stand and in principle supported the stand of the POTA accused that once the review committee recommended dropping of anti-terror law charges, it amounted to deemed withdrawal. The trial court was bound by it and the public prosecutor had no role, it had said.
http://timesofindia.indiatimes.com/India/SC_caught_Centres_doublespeak_on_POTA/articleshow/3630853.cms





Grant bail only for good reason: SC tells courts
http://economictimes.indiatimes.com/News/PoliticsNation/Grant_bail_only_for_good_reason_SC_tells_courts/articleshow/3630586.cms
23 Oct, 2008, 0251 hrs IST,Sanjay K Singh, ET Bureau
NEW DELHI: The Supreme Court has said that the bail granted to the accused is liable to be set aside if the adequate reasons for granting it are not laid out by the court. A bench comprising Justice Arijit Pasayat and Justice C K Thakker said: “While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence.” The bench said that it is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail. These are: The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. Second, reasonable apprehension of tampering of the witness or apprehension of threat to the complainant. Third, prima facie satisfaction of the court in support of the charge. Justice Pasayat writing the verdict on behalf of the bench said, “though a conclusive finding in regard to the points urged by the parties is not expected of the court considering the bail application, yet giving reasons is different from discussing merits or demerits.” The court cancelling the bail of an accused said that at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated, observed court. The apex court said that the accused released on bail shall surrender to custody forthwith. The Lucknow bench of the Allahabad high court had granted bail to an accused facing trial for an alleged murder and Section 120 B of the Indian Penal Code.
http://economictimes.indiatimes.com/News/PoliticsNation/Grant_bail_only_for_good_reason_SC_tells_courts/articleshow/3630586.cms







“Give weaker sections fair representation in judiciary”
http://www.hindu.com/2008/10/23/stories/2008102355721300.htm
Legal Correspondent
NEW DELHI: The parliamentary committee on Law and Justice has expressed concern at inadequate representation of the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and women in the High Courts and the Supreme Court.
Because of inadequate representation “the judiciary is unable to comprehend the social flavour of the legislation passed by Parliament and the State legislatures. Further, when the executive and the legislature, under the constitutional provisions, are required to provide adequate representation to these weaker sections, there is no reason why the higher judiciary should also not come within that ambit to address the issue of social justice and equity,” the panel said in its 28th report submitted to Parliament on Wednesday.
The committee, headed by E.M. Sudarsana Natchiappan (Congress), recommended to the government that it ensure adequate representation of the weaker sections in the Supreme Court and High Courts. “More so, when the number of judges is increased in the Supreme Court this social justice and equity should be ensured.”
Regional benches
The committee reiterated its earlier recommendations that the Constitution be amended to make a provision for establishment of regional Benches of the Supreme Court in the west, northeast and south for easy accessibility of justice to the poor and needy. As an experimental measure, a Bench could be set up in Chennai.
Litigants in the southern States, Tamil Nadu in particular, had to incur a large expenditure on approaching the Supreme Court “on account of the distance and cost involved in the process.” Therefore a Bench should be established in Tamil Nadu to meet the needs and expectations of the innumerable litigants in the southern region.”
The panel urged the government to increase the strength of judges in the Supreme Court from 25 to 30, excluding the Chief Justice. The draft Bill in this regard could be adopted without any change, it said. Increasing judges strength would pave the way for clearance of over 46,000 cases pending in the Supreme Court, enabling the litigant public to have easy access to justice.
The committee wanted the retirement age of judges of High Courts raised from 62 to 65 and of the Supreme Court from 65 to 68.
The government should take every conceivable measure to reduce pendency not only in the Supreme Court but also in the High Courts and subordinate courts so that delays in dispensation of justice could be reduced, the panel said.
http://www.hindu.com/2008/10/23/stories/2008102355721300.htm



Make appointments to higher judiciary transparent: panel
http://www.indianexpress.com/news/Make-appointments-to-higher-judiciary-transparent--panel/376680
Maneesh Chhibber Posted: Oct 23, 2008 at 2323 hrs IST
New Delhi, October 22 : The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has reiterated the need to make appointments to higher judiciary “transparent” so as to ensure that only deserving candidates make it to the Bench.
Interacting with the media after the 28th report of the committee was tabled in both Houses of Parliament on Wednesday, panel chairman E M Sudarsana Natchiappan, a Congress MP in the Rajya Sabha, said the present system of appointment of high court and Supreme Court judges through the collegium system had failed.
“Why is the entire process shrouded in mystery? There is need to have transparency in the appointment process. At each stage, starting with the process of screening of candidates, the material should be placed on the website of the Supreme Court so that the public is able to monitor the selection process. This will also lead to more accountability,” Natchiappan said.
He said the committee was in favour of reverting to the pre-1993 system of selection of judges, when the executive played an important role in the process. The power of appointing judges was taken over by the Indian judiciary through a judgment made in 1993.
http://www.indianexpress.com/news/Make-appointments-to-higher-judiciary-transparent--panel/376680

HC to ICICI Bank: Face the music for making unsolicited calls for making unsolicited calls
http://timesofindia.indiatimes.com/Mumbai/HC_to_ICICI_Bank_Face_the_music_for_making_unsolicited_calls_for_making_unsolicited_calls_/articleshow/3629964.cms
22 Oct 2008, 2213 hrs IST, Abhinav Garg, TNN
New Delhi: A furious Delhi High Court (HC) on Wednesday blasted ICICI Bank for making unsolicited calls despite a court ordered ban and said it shoul d now "face the music'' in contempt proceedings going on before State Consumer Commission. Refusing to stay the proceedings, as sought by the bank in its petition, a division bench comprising Justice Vikramjeet Sen and Justice S L Bhayana trashed the banks' claims that it was obeying courts directive. "You think you are above the law? Everyday we receive calls at all times of the day from ICICI for loans, credit cards...now you face the music,'' the HC bench exclaimed when the counsel for the bank argued that the complainant in the case, advocate Nivedita Sharma, had no evidence to back up her claims of the bank still making pesky calls to customers. The HC was hearing an application filed by the bank seeking the HC's intervention and a stay on the contempt petition filed by Sharma before the State Commission, in which she complained that she had been receiving calls from the bank despite a direction from the commission to stop harassing consumers and even after TRAI (telecom regulator) created a `Do Not Call Registry' where consumers can register themselves to avoid receiving calls. In her contempt plea, the lawyer complained that despite all these measures, the bank still made unsolicited calls to her and other customers. On her complaint, the commission in December 2006 had imposed an exemplary cost of Rs 50 lakh on service provider Airtel and Cellular Operators Of India for their failure to control the pesky calls made by the telemarketers and banks. The Commission had also imposed Rs 25 lakh penalty, to be jointly paid by the ICICI Bank and American Express Bank, for making repeated calls to the mobile users. This order was subsequently modified by HC, which lessened the fine amount but asked the companies to abide by commission orders and TRAI guidelines. On Wednesday HC refused to expunge any remarks made by the commission in its verdict, as sought by the petitioners. In its order, the State Commission had agreed with Sharma's characterisation of the bank, service provider and TRAI as the "unholy trinity'' responsible for flooding a customer with pesky calls. Speaking to TOI, Sharma maintained that she stood by her allegations and would pursue the contempt proceedings against the bank to its logical conclusion before the commission.
http://timesofindia.indiatimes.com/Mumbai/HC_to_ICICI_Bank_Face_the_music_for_making_unsolicited_calls_for_making_unsolicited_calls_/articleshow/3629964.cms



Angry HC fines Gutkha firm for wanting to hire ‘retired judges with contacts’
http://www.indianexpress.com/news/Angry-HC-fines-Gutkha-firm-for-wanting-to-hire--retired-judges-with-contacts-/376810
Krishnadas Rajagopal Posted: Oct 23, 2008 at 0109 hrs IST
New Delhi, October 22 : The DS Group, a business “conglomerate” which also sells gutkha, was left with a bad taste in the mouth Wednesday after the Delhi High Court slapped a fine of Rs 1 lakh for putting out an employment advertisement inviting “retired judges with contacts in the judiciary” as its “Head – Legal”.
The advertisement, which appeared in the Power Jobs column of Hindustan Times and on job website naukri.com on September 4, 2007, said the company — DS Group — required as “Head – Legal” a candidate whose profile “must be LLB, LLM or a retired judge with contacts in the judiciary”. The firm insisted that only those candidates with at least 12 to 15 years experience in the legal field should contact them at their Noida office.
The material was first spotted by a Delhi High Court lawyer Sunita Tiwari. “I was shocked to find the advertisement in Hindustan Times. It took me an entire day to believe that they were actually inviting retired judges as their employees,” said Tiwari who initiated action against the DS Group.

The next day, Tiwari went to court against the “business house” she described as “a multi-crore company with popular brands like Catch Spring Water, Catch Flavoured Water, PassPass, Rajnigandha, Baba Zarda, Tulsi gutkha, etc”.
http://www.indianexpress.com/news/Angry-HC-fines-Gutkha-firm-for-wanting-to-hire--retired-judges-with-contacts-/376810



SC rejects Yadav's plea for Katara appeal hearing in Allahabad HC
http://timesofindia.indiatimes.com/Delhi/SC_rejects_Yadavs_plea_for_Katara_appeal_hearing_in_Allahabad_HC/articleshow/3629724.cms
22 Oct 2008, 2229 hrs IST, TNN
NEW DELHI: Vikas Yadav's attempts to seek transfer of his appeal challenging his conviction and life sentence in the Nitish Katara murder case outside Delhi to avoid adverse publicity drew a blank in the SC on Wednesday. A passioned plea that he was caught in the `media glare' and became a victim of trial by media had little impact on a Bench comprising Justices Dalveer Bhandari and H S Bedi, which dismissed his petition seeking transfer of the hearing on his appeal to the Allahabad HC or any other HC. One of the grounds pleaded by the accused, who is convicted for masterminding the murder of Katara for his alleged affair with his sister Bharati, was that the incident took place in Ghaziabad and that he was tried there before the apex court on Neelam Katara's plea transferred it to Delhi. Though the trial was transferred to Delhi, the original jurisdiction of the Allahabad HC could not have been taken away as the murder had taken place in UP and the appeal against the trial court verdict should be taken up in the HC there and not in Delhi, his counsel senior advocate Ashok Desai argued. With the apex court refusing to entertain his petition, the appeal would now be heard in the Delhi HC. Vikas Yadav was convicted by a Delhi court on May 28 this year, nearly six years after the apex court had on August 23, 2002, transferred the trial from Ghaziabad.
http://timesofindia.indiatimes.com/Delhi/SC_rejects_Yadavs_plea_for_Katara_appeal_hearing_in_Allahabad_HC/articleshow/3629724.cms



HC directs MCD to close down illegal dhabas
http://timesofindia.indiatimes.com/Delhi/HC_directs_MCD_to_close_down_illegal_dhabas/articleshow/3629768.cms
23 Oct 2008, 0044 hrs IST, TNN
NEW DELHI: Taking a strong step against unlicensed roadside eateries, the Delhi High Court has directed MCD to close down all illegal dhabas within a month. Asking the civic agency to crack the whip against all dhabas in the Capital, which do not possess a license, the High Court said, "It is directed that all dhabas on that road and for that matter throughout Delhi, running without licence, must be treated equally and all dhabas which are without license, being run in the municipal area, must be closed down forthwith." HC added, "The action of closure of these dhabas be taken within 30 days from October 16, 2008 and an affidavit in this respect be filed in the court, alongwith the names of all responsible officials of each area, who are liable to take the necessary action." HC wondered why it needed to come up with a direction and pulled up MCD for failing to act on its own. "At first instance, no dhaba should be allowed to run without a licence. There is no reason why these unauthorised dhabas, hawkers, road encroachers should keep encroaching on public land, endangering public health by greasing palms of the concerned officials," the court observed, adding, "If officials have little care about the health of the public and about the encroachment of public land, none of these dhabas, hawkers would come up at the first instance." The court took a serious view of the MCD's decision to only close six illegal dhabas instead of closure of all illegal dhabas in Mandoli area of east Delhi in compliance with the court's July order. The court order came on a petition, filed by a dhaba owner, alleging that MCD had adopted a `pick-and-chose' policy while closing the dhabas, running without licence in the area. He alleged that six dhabas, including his eating joint, were closed by the MCD on the ground that they have been serving non-vegetarian food, whereas other dhabas were left untouched on the ground that vegetarian food was served in them. Rejecting this argument of MCD, HC noted, "No distinction can be made out on the ground that one dhaba is serving vegetarian food and the other is serving non-vegetarian food. The distinction can be drawn between licensed and unlicensed ones."
http://timesofindia.indiatimes.com/Delhi/HC_directs_MCD_to_close_down_illegal_dhabas/articleshow/3629768.cms



HC rejects Pappu Yadav's bail plea
http://timesofindia.indiatimes.com/Cities/HC_rejects_Pappu_Yadavs_bail_plea/articleshow/3629886.cms
22 Oct 2008, 2129 hrs IST, PTI
PATNA: Controversial RJD MP Rajesh Ranjan alias Pappu Yadav failed to get reprieve from the Patna High Court, which today dismissed his bail petition in CPI(M) legislator Ajit Sarkar murder case. A division bench, comprising Justice Shiva Kirti Singh and Justice Dharnidhar Jha, rejected the bail petition filed by Pappu Yadav, convicted in the case by the trial court on February 14 this year. The bench refused to entertain the plea of Yadav's counsel N P Singh, who sought bail for the Lok Sabha member from Madhepura on the basis of medical reports that recommended urgent hospitalisation of him for morbid obesity and hypertension. Yadav's counsel contended that the diseases the MP was suffering from could be treated only at the All India Institute of Medical Sciences in New Delhi. Strongly disputing the defence counsel's claim, CBI advocate Vipin Kumar Sinha submitted that a bench of the High Court had on July 9 rejected Yadav's earlier bail petition after going through all the medical reports. The bench then disposed of the prayer observing that proper medical attention should be paid to the convict if any such advise is made by the jail doctors. CPI(M) leader Ajit Sarkar, the then MLA from Purnia, and two others had been shot dead allegedly at Yadav's bidding on July 14, 1998. Apart from Yadav, the special CBI court at Patna had awarded life term to Rajan Tiwari, underworld don-turned-politician and former Govindganj MLA.
http://timesofindia.indiatimes.com/Cities/HC_rejects_Pappu_Yadavs_bail_plea/articleshow/3629886.cms




HC pulls up CoD IGP
http://www.dnaindia.com/report.asp?newsid=1200263
DNA Correspondent
Wednesday, October 22, 2008 21:06 IST
BANGALORE: The Karnataka High Court on Wednesday pulled up the IGP Corps of Detectives Kishor Chandra and investigating officer Singad for not obeying its order in the vinivIc Srinivasa Shastry case.
Responding to the summons, Chandra and Singad appeared before the single bench headed by Justice Hulavadi G Ramesh.
After the submission of petitioners' advocate Shankarappa, the court directed the officers to file a statement before the court, for not complying with its order.
The court had earlier ordered that Shastry be taken to the CoD office every alternative day. This was to help the police to sort out the technical problems with regard to the compact disc. It was suspected the CD contains details of the depositors. The officers did not comply with order, the petitioners counsel alleged.
Shastry was lodged in the Parappana Agrahara Central Jail
Meanwhile, the court ordered the government pleader to clarify that whether this case falls within the jurisdiction of special court established under the Karnataka Protection of Interest of Depositors in the Financial Establishments Act 2004.
The court adjourned the matter to November 3.
http://www.dnaindia.com/report.asp?newsid=1200263



HIV test kits not sub-standard, Centre tells HC
http://www.ptinews.com/pti/ptisite.nsf/0/943E2C66E8F3A7B4652574EA00508CA2?OpenDocument
New Delhi, Oct 22 (PTI) The Centre today refuted all allegations against supplying sub-standard HIV test kits to various medical centres in the country.In an affidavit filed by National AIDS Control Organisation (NACO) on behalf of health ministry in the Delhi High Court, the government said that such allegations made by Dr Kunal Shah, a US resident and member of World Bank, is baseless."There is no evidence to support the vague, incorrect and wrong allegations regarding the substandard kits. On the other hand, there is evidence to show that the kits are not substandard," the affidavit said.The government's response came on a PIL filed by Dr Shah, through his counsel R Venketraman, seeking probe into an alleged racket of supplying sub-standard HIV test kits to medical centres.The Court, earlier, had admitted his petition and had issued notice to the Centre and NACO.Claiming that he himself visited various hospitals and blood banks in March 2007, the petitioner had stated that he found use of sub-standard HIV kits for detection of the disease.There is "use of spurious HIV kits in some hospitals and blood banks in India endangering transmission of the AIDS virus to unsuspecting patients," Shah said referring to the World bank report.He had stated that in January this year, the Bank has released a comprehensive report alleging that there is wide spread corruption going on and sought direction to the NACO Director to refer the HIV test kits in question to any other competent laboratory to find their efficacy. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/943E2C66E8F3A7B4652574EA00508CA2?OpenDocument



Delhi blasts accused approach HC against police custody
http://www.ptinews.com/pti/ptisite.nsf/0/71CA95BBC5B6FE97652574EA005058E1?OpenDocument
New Delhi, Oct 22 (PTI) The Delhi High Court today sought a response from the Centre and Delhi Police on a plea filed by family members of suspected terrorists, allegedly involved in last month's serial bomb blasts in the city, seeking to quash a trial court's order sending them to police custody till October 27.Advocate Prashant Bhushan, appearing for the family members of the accused contended that an accused can be detained for a maximum period of 15 days but the lower court erred by extending their police custody beyond the period.Justice Kailash Gambhir, after hearing his contention, issued notice to the Centre and the police and posted the hearing for October 30.The petitioner challenged the trail court's order of October 16 by which five suspected terrorists Mohammed Saif, Zeeshan Ahmad, Mohammed Shakeel, Zia-ur-Rehman and Saquib Nissar were remanded to 12 days' fresh police custody."Investigating agency is required to collect evidence and find out the truth of different dimension in the matter. Fair investigation is the mandate of law. Keeping in view the dynamics of the case and factual matrix, police custody remand is absolutely necessary," Chief Metropolitan Magistrate Sanjeev Jain had said while passing the order.Out of these alleged terrorists, family members of Zeeshan and Shakeel approached the High Court seeking to quash the trial court's order.Zeeshan, 23, and Shakeel, 24, were arrested by the Delhi Police on September 19 under suspicion of involvement in serial bomb blasts and were twice remanded to police custody till October 16. Their police remand were further granted till October 27. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/71CA95BBC5B6FE97652574EA005058E1?OpenDocument



Allahabad HC asks Centre And UP govt. to take measure to check pollution in Ganga
http://www.indlawnews.com/Newsdisplay.aspx?28667fc0-d4f4-4803-b4e7-8e13dbdf94aa
10/22/2008
The Allahabad High Court has asked the Uttar Pradesh and Union Governments to take special measures to deal with the pollution menace in the Ganga. The Court, in its order, has said it will be open to the Centre to consider setting up sewage treatment plant at Allahabad and Varanasi, a project earlier submitted by Japan International Cooperation Agency (JICA).The Counsel for the Central government submitted in the court that appropriate instructions will be obtained and necessary action taken in this regard. The order was passed by the High Court bench of Justices Ashok Bhushan and Arun Tandon on a writ petition filed by Hari Chaitanya Brahmchari Ji Maharaj of Allahabad. The court has asked the state’s Chief Standing Counsel M C Chaturvedi to file an affidavit with regard to the steps taken by the state in respect of decreasing depth of river Ganga due to silt and accumulation and sand. The court will hear the case further on November 16. UNI
http://www.indlawnews.com/Newsdisplay.aspx?28667fc0-d4f4-4803-b4e7-8e13dbdf94aa