LEGAL NEWS 12.11.2008

The debate over condom wrappers
http://www.merinews.com/catFull.jsp?articleID=147934
A businessman from Madurai filed a PIL seeking ban on obscene visuals on packages of condoms. The Madurai bench of the Madras High Court ruled that condom manufacturers cannot market their products 'indiscriminately' with obscene visuals..

WHILE CAMPAIGNS advertising the use of condoms are getting vigorous and animated, a recent Public Interest Litigation (PIL) filed at the Madurai bench of Madras High Court raises an interesting debate: should obscenity be allowed on condom wrappers; and more importantly who decides the standards. A businessman from Madurai filed the PIL seeking a ban on obscene visuals on packages and advertisements of the condoms. The Madurai bench of the Madras High Court ruled that condom manufacturers cannot market their products ’indiscriminately’ with obscene visuals.
His complaint is that obscene visuals on condom packages create a wrong impression about condoms, primarily medical products and not inducers of sexual desire. What is the strategy behind the use of such visuals on condom wrappers? Are they necessary or not?
“It is actually a tricky issue,” said sexologist G Sampath Kumar, adding that the obscene visuals on condom wrappers act as a ’stimulating factor’ of sex. “Premarital sex has become a commonplace phenomenon and there are many factors that induce it,” he pointed out.
Another city-based sexologist pointed out: “Ladies, especially those sexually active, carry contraceptives with them. Levels of awareness on sex and related issues are also high among IT professionals who lead lavish and swanky lifestyles.”“Certainly when people are exposed to obscene visuals, they are tempted to have sex. Condoms come in myriad shapes, types, sizes and flavours claiming to enhance sexual pleasure. And pictures to suit each of them,” he said, adding that condom wrappers are disposed carelessly and they even land in the hands of children sometimes.
However, he agreed that condom promotion is crucial now and added that instead of using those visuals on the wrapper, they can be used on the inner foil. “Condoms are used even by illiterates and the visuals attract them.”
Finding obscene visuals unnecessary on condom packages, Dr Amudha Hari, gynaecologist and critic on sex-related issues, makes it clear that condoms are primarily contraceptives, a medical device. It is used to avoid spread of sexually transmitted diseases (STD) and pregnancy.
In fact, she added, the naked pictures on the wrappers make people feel that condoms are rather sexual inducers and pleasure boosters. Due to this, the consumers are diffident to ask for it in shops. “Instead of using pictures of naked people on bed, they can use the space to create awareness on condoms and tell about the advantages of its use.”
Though the court noted that the right to carry on business is subject to reasonable restrictions that could be imposed in the interest of decency and morality, it said that it is difficult for the court to fix standards of decency and morality and the Advertising Standards Council of India (ASCI), a self-regulatory voluntary organisation of the advertising industry, would be in a better position to deal with the issue.But the council told Ergo that it has not received any complaint on condom wrappers so far. “After a consumer lodges a complaint with us, we will place it before the Consumer Complaints Council for discussion,” said Alan Collaco, secretary general, ASCI.
http://www.merinews.com/catFull.jsp?articleID=147934


MNS row: SC issues notice to Maharashtra govt
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080071996&ch=11/10/2008%2012:12:00%20PM
NDTV Correspondent
Monday, November 10, 2008, (New Delhi)
The Supreme Court has issued a notice to the Maharashtra government after hearing a Public Interest Litigation, on Monday morning, which asked for protection of north Indians in Maharashtra.The court has asked the Vilasrao Deshmukh government to respond to the allegations of atrocities against north Indians by MNS workers. The PIL was heard by a three-judge bench headed by chief justice K G Balakrishnan. Another PIL seeking judicial probe into the killings of two north Indians Rahul Raj and Dharam Dev in Mumbai is also expected to come up for hearing on Monday. Rahul, a resident of Patna, was killed by Mumbai police when he tried to take passengers in a bus as hostages, protesting against the attacks on north Indians.Dharam Dev from UP, was allegedly beaten to death in a train in Mumbai.Earlier, during the preliminary hearing, the apex court had observed that the attacks on north Indians can be stopped if there is 'political will'.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080071996&ch=11/10/2008%2012:12:00%20PM



HC judge quits over seniority issue
http://timesofindia.indiatimes.com/Mumbai/HC_judge_quits_over_seniority_issue/articleshow/3692663.cms
9 Nov 2008, 2359 hrs IST, C Unnikrishnan, TNN
MUMBAI: Sitting judge of the Bombay high court Ashutosh Kumbhakoni has put in his papers over the seniority issue, sources said. Justice Kumbhakoni who had served as the associate advocate general of Maharashtra, had submitted his resignation on November 3, they said. When TOI contacted Justice Kumbhakoni, he was unwilling to comment. He was sworn in as a judge early this year. According to sources, Kumbhakoni has been trying to sort out the issue of seniority with the Chief Justice of Bombay high court Swatanter Kumar. Seniority of the judges right from the provisional appointment (they are on probation for one year) has a direct bearing on their chances of being elevated to the Supreme Court or being elevated as a chief justice of any other high court. Sources said Kumbhakoni, before the swearing in as a provisional high court judge, had taken up the issue of seniority with the chief justice and was reluctant to go ahead with the swearing-in. Sources said that Justice Kumbhakoni was given a verbal assurance by the Chief Justice that the seniority aspect will be sorted out. The sequence in which the fresh batch of high court judges are sworn in by custom is treated as the seniority. Justice Kumbhakoni's contention was that persons junior to him were sworn in before him. Lawyers, whom TOI spoke to, described Kumbhakoni as highly intelligent. Justice Kumbhakoni was born into a family of lawyers. He completed his graduation at Solapur and graduated in law at ILS Law College in Pune. The justice enrolled with the Bar Council on August 6 1982. He practised for about 10 years in the Solapur district, mainly in civil, cooperative and revenue courts. In 1992-93 he started practice at Bombay high court and was appointed amicus in several matters of public importance, involving complex legal issues. The justice had represented the state government for about five years and was appointed associate advocate general of Maharashtra on April 1, 2005.
http://timesofindia.indiatimes.com/Mumbai/HC_judge_quits_over_seniority_issue/articleshow/3692663.cms




HC issues 4-month deadline for BBMP poll
http://www.dnaindia.com/report.asp?newsid=1205224
Srikanth Hunasavadi
Monday, November 10, 2008 21:50 IST
BANGALORE: The High Court of Karnataka on Monday fixed a four-month deadline for the government to conduct elections to the Bruhat Banagalore Mahanagara Palike (BBMP).
A division bench comprising Chief Justice P D Dinakaran and Justice V G Sabahit, ordered the government and state election commission to conduct the election within four months from Monday.
The court ruled out any "further extension of time. Already time is over. Now as per this order, the government has to conduct elections as early as possible".
Hearing the applications filed by the government and commission seeking extension of time to conduct elections, the court allowed both the applications and said elections should be conducted before March 10.
On behalf of the government, advocate-general Uday Holla submitted that the "old BMP area is extended and BBMP has been constituted in the place of BMP. About 110 villages and 7 City Municipal Councils and 1 Town Municipal Council have been added. Now the delimitation of wards work is going on. After that, the bifurcation of wards and reservation of wards have to be made. For all these process, the government needs at least 144 days".
"Unless the government finished the work of delimitation and fixing the reservation we cannot conduct the elections. The election commission needs 30 days to complete elections," commission counsel K N Phanindra said.
http://www.dnaindia.com/report.asp?newsid=1205224


Allahabad HC judge faces heat over PF scam
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072078&ch=11/10/2008%208:28:00%20PM
NDTV Correspondent
Monday, November 10, 2008, (New Delhi)
Taking a serious view of corruption in judiciary, Chief Justice of India KG Balakrishnan has started cracking down on judges involved in the multi-crore Ghaziabad provident fund scam.The first judge to face the heat is Allahabad High Court judge A K Singh, who will not be confirmed as a permanent judge. He is currently an additional judge and can be removed if he is not confirmed.NDTV had first exposed the scam in which Rs 23 crore were withdrawn from the Ghaziabad judiciary provident fund in collusion with 34 judges, including a Supreme Court judge.The Chief Justice of India says the judiciary will not interfere with the CBI, which is investigating the case.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072078&ch=11/10/2008%208:28:00%20PM


HC rejects plea to ban Swamy Dayanand's "Satyarth Prakash"
http://www.hindu.com/thehindu/holnus/002200811102032.htm
New Delhi (PTI): The Delhi High Court has rejected a plea to ban publication of book "Satyarth Prakash", written by Swamy Dayanand 135 years ago, alleging that it hurts the religious sentiments of Muslims.
Quashing a civil suit, pending before a city court, Justice Shiv Narayan Dhingra in a recent order has also rejected a submission to restraint Sarvadeshik Press, a publication house, from printing and distributing the book in any language.
"It is not the province or duty of the court to pronounce the truthfulness of the religious books or to regulate the religious sentiments and feelings of the sections of the society," said Justice Dhingra and allowed a petition filed by Sarvadeshik Press and some Arya Samaj organisations seeking quashing of the civil proceedings against them in the lower court following a suit filed by Usman Ghani and his friend.
http://www.hindu.com/thehindu/holnus/002200811102032.htm



HC asks govt to retest milk brands
http://bdnews24.com/details.php?id=68051&cid=2
Mon, Nov 10th, 2008 8:04 pm BdST
Dhaka, Nov 10 (bdnews24.com) – The High Court has directed the government to test samples of all brands of powdered milk on the shelves in the laboratories of Dhaka University, Bangladesh Atomic Energy Commission and BSTI, and submit the reports to the court. The court also directed the government to publish the reports in the media to enable the people to make an informed decision on buying powdered milk. The bench of justice Syed Mahmud Hossain and justice Kamrul Islam Siddiqui after hearing all sides Monday gave the order on an petition by Human Rights and Peace for Bangladesh, a human-rights organisation. The court ordered the health ministry to test for presence of melamine contamination in eight powdered milk brands, namely Diploma, Red Cow, Dano, Yashli-1, Yashli-2, Sweet Baby, Nido and Enline, and submit reports to court in 21 days. The government has been ordered to collect samples from market in presence of representatives of the DU chemistry department, Bangladesh Atomic Energy Commission, Bangladesh Standards and Testing Institute and the owners. The court, however, has withdrawn ban on sale of Diploma, Red Cow, Dano, Nido and Enline pending the reports. The court asked the government to seek the opinion of UN's World Health Organization on whether the presence of melamine is harmful to health by the time and present it before the court. The court also ordered authorities to submit the report of tests on other brands as soon as possible. The court directed the government to publish the reports in the media so that people can make an informed decision about buying powdered milk. On Nov. 6, it summoned test reports on presence of melamine in the powdered milk brands and the government submitted the report to the High Court the next day. In the hearing barrister Rokanuddin Mahmud participated on behalf of Nestlé, Advocate Mahmudul Islam for Diploma and Red Cow, and barrister Tania Amir for Dano. The counsels of the milk powder brands appealed for withdrawal of the court order that banned the sale of the brands. Advocate Manjil Morshed, representing the writ petitioner, appealed for fresh test on the milk powder brands. Deputy attorney general Razik Al Jalil represented the state in the hearing. On Oct. 23, the High Court ordered the government to stop sale and display of eight milk powder brands – Diploma, Red Cow, Dano, Yashili-1, Yashili-2, Sweet baby, Nido and Enlene – which had been sent to Thailand for test. The government on Sunday disclosed to the court that Bangladesh Atomic Energy Commission had detected high concentration of melamine contamination in seven of the eight brands of powdered milk tested. The disclosure prompted the media and the consumers to raise questions about the government's sincerity about ensuring public health. It did not go public with the finds and sat on the test results for a week, instead. The interim administration on Nov. 3 declared that only Chinese brands Yashili 1, Yashili 2, and Sweet Baby-2 had tested positive for melamine in a Thai and two local laboratories. By the time, the government had the BAEC test results in hand but preferred not to undisclose them. The makers also did not pull the items from shop shelves neither was there any recalls, raising the fear that the toxic substance may be deeply entrenched in the food chain, especially in children. The amounts of melamine detected by BAEC are 175.2 milligram per kilogram (mg/kg) in Yashli-1, 172 mg/kg in Yashli-2, 330.4 mg/kg in Sweet Baby-2, 171.3 mg/kg in Nido Fortified Instant, 478.3 mg/kg in Enlene, 287.4 mg/kg in Diploma, and 7.4 mg/kg in Dano Full Cream Milk. However, BAEC did not detect any trace of melamine in Red Cow, which was found to be contaminated in the DU test. Melamine is rich in nitrogen, and relatively cheap. Adding it to watered-down milk makes their protein levels appear higher. Standard quality tests estimate protein levels by measuring nitrogen content. The melamine saga saw six infants die in China, and at the peak of the crisis in late September, up to 22,000 infants were in hospital on any given day, Chinese health officials say, according to Reuters. More than 99 percent of the sick are under 3 years old. Infants who depend solely on milk are most vulnerable. So, what are the long-term health effects? Little scientific information exists about the compound's effects on humans. Melamine can cause kidney stones and the chemical can crystallise in small kidney tubes resulting in kidney damage or even renal failure, health experts say. bdnews24.com/at/eh/bd/1821hours
http://bdnews24.com/details.php?id=68051&cid=2



CIC asks Justice Dept to respond to fund spent on SC judge trips
http://www.indianexpress.com/news/cic-asks-justice-dept-to-respond-to-fund-spent-on-sc-judge-trips/383254/0
Krishnadas Rajagopal Posted: Nov 09, 2008 at 0101 hrs IST
New Delhi, November 8 : The Central Information Commission has directed the Department of Justice, Union Law Ministry, to “respond” to a Right to Information query seeking details of public funds spent on official foreign trips of Supreme Court judges.
The recent decision by Chief Information Commissioner Wajahat Habibullah follows a “war of letters” between the SC and the department on which of them is the public authority concerned to divulge the details sought in the RTI plea.
The applicant, S C Aggarwal, had on May 21, 2008 applied to the PMO, the Department of Justice and the SC, seeking information on the procedure for sanctioning foreign trips of apex court judges.
Specifically, the three-pronged request sought details on the rules, making it mandatory for the judges to opt for the shortest air-routes for official tours abroad, whether their wives were entitled to accompany them and expenses paid by the Government.
Trouble between the Justice Department and the Registry of the apex court started in July 2008 when the former's Central Public Information Officer, K Gurtu, denied having any knowledge of the expense details and pushed the ball into the court of Ashok Kumar, his counterpart in the Supreme Court.
“It would not be correct to say that the expenditure spend on the foreign visits of the Hon’ble Judges of the Supreme Court would be known to the Department of Justice, as the final figures of amount spent would be known only to the Registry of the Supreme Court of India,” he claimed.
Kumar’s response in the negative fell short with a later letter from S Twickly, Deputy Secretary with the Justice Department and successor of Gurtu, reiterating the point that only the Supreme Court can provide the information sought for.
With hardly any positive developments from the duo's side, Aggarwal went on to file an appeal with the CIC in which he described the flurry of exchange of communications between the apex court and the department as a “war of letters”.
Representing the SC, Additional Solicitor General Amarendra Sharan quoted that the Department is by its own admission the authority concerned to “process and recommend the foreign tours of judges to the Prime Minister” — an opinion seconded by the PMO before the CIC.
“Since both the PMO and Supreme Court are in unison on this point there is a consensus among all the other stakeholders that the Ministry of Law and Justice is the concerned public authority,”observed the Bench.
http://www.indianexpress.com/news/cic-asks-justice-dept-to-respond-to-fund-spent-on-sc-judge-trips/383254/0



Credit card rates: SC admits appeal
http://www.business-standard.com/india/storypage.php?autono=339767
BS Reporter / New Delhi November 11, 2008, 0:01 IST
The Supreme Court on Monday admitted an appeal against the order of the National Consumer Commission, which had imposed restrictions on charging interest at rates in excess of 30 per cent from credit card-holders.
The Indian Banks’ Association, Standard Chartered Bank, HSBC and Citibank had appealed against the order. The banks said that they were following the guidelines of the Reserve Bank of India, which was the only authority to regulate interest rates, and, therefore, the commission had no jurisdiction.
On the contrary, a consumer group, Awaz, argued before the court that the commission had failed to notice that the banks were charging more than 90 per cent if one took into account the interest on default combined with the hidden costs.
The prevailing interest even for unsecured finance, fixed under the Money Lenders’ Act, was below 20 per cent, the petitioner had argued.
http://www.business-standard.com/india/storypage.php?autono=339767



PMO returns 3 names mooted for SC judges
http://timesofindia.indiatimes.com/India/PMO_returns_3_names_mooted_for_SC_judges/articleshow/3697198.cms
11 Nov 2008, 0119 hrs IST, Diwakar & Dhananjay Mahapatra, TNN
NEW DELHI: The Prime Minister’s Office has expressed reservations about the move to elevate chief justices H L Dattu, R M Lodha and A K Ganguly to the Supreme Court, passing over senior judges. The PMO returned the recommendation of the Supreme Court collegium to the law ministry on Monday, tossing the issue back to Chief Justice K G Balakrishnan’s court for reconsideration in a move that could set the stage for a judiciary versus executive showdown. The recommendation of the collegium for appointment of Kerala HC chief justice H L Dattu, Madras HC chief justice A K Ganguly and Patna HC chief justice R M Lodha as SC judges had created controversy since Delhi HC chief justice A P Shah, Madhya Pradesh HC chief justice A K Patnaik and Uttarakhand HC chief justice V K Gupta were overlooked. The PMO is learnt to have sought from the law ministry the reason for the seniority consideration being given a go-by. The collegium, however, may not agree. Just a day before PMO returned the file, CJI Balakrishna told the TOI on Sunday that seniority was only one among several criteria for promoting judges to the top court, stressing the importance of merit. Without specifically discussing the case of justices Dattu, Lodha and Ganguly, CJI Balakrishnan had said that there was no such thing as all-India seniority list, and that it was the seniority lists of states which were relevant. He said appointments to the apex court were done also to give representation to all states on the Bench. This means that when two judges from a state get elevated, another from the same state will have to wait for his turn even if he is senior to contenders from other states.
http://timesofindia.indiatimes.com/India/PMO_returns_3_names_mooted_for_SC_judges/articleshow/3697198.cms




Discoms cheer as SC says cut power if dues head north
http://www.expressindia.com/latest-news/discoms-cheer-as-sc-says-cut-power-if-dues-head-north/383879/
Mandakini Gahlot
Posted: Nov 11, 2008 at 2340 hrs IST
New Delhi, November 10 A Supreme Court judgment on power distribution has put the smiles back on the face of officials in Delhi’s power distribution companies, harried by complaints from dissatisfied customers.
The apex court on Friday ruled that power distribution companies (discoms) retain the right to disconnect supply if outstanding dues are not cleared. On Monday, an official of a discom said, “The Supreme Court ruling would certainly make our task easier. There have been instances of consumers filing cases with the Appellate Tribunal for Electricity regarding disconnection due to non-payment of dues. That will probably stop now.”
The apex court bench of Justices R V Raveendran and L S Panta gave the decision while ruling on a suit filed by a consumer against Paschimanchal Vidyut Vitran Nigam, of Uttar Pradesh. The consumer had moved court contending that the distributor’s refusal to restore connection to buyers of a sub-divided plot was illegal. But ruling in favour of the distributor, the Bench observed, “We do not find anything unreasonable in a provision enabling the distributor/supplier to disconnect supply if dues are not paid.”
Even in cases where the plot has been sold or sub-divided, the Bench held that the provision should be upheld.
A senior Power department official said the decision is expected to reduce cases in which people sell the property when faced with electricity disconnection after drawing up humongous dues. “The onus is now also on buyers to ensure that all dues are cleared before they purchase a property,” the official said. Discoms operating in the Capital, however, are in no hurry to go on a disconnection drive. “The ruling upholds the prevalent law, so it will make it easier for us to enforce the law when the need arises,” a discom official said.
What apex court says* Power distributors can snap supply if dues cross a certain limit* Applicable even to plot/premise that has been sold or sub-divided* Buyer/occupants should ensure there are no dues pending
What discoms say* Decision will stop unnecessary cases for disconnection due to non-payment * Won’t go on any disconnection overdrive ¿ enough time to settle dues
http://www.expressindia.com/latest-news/discoms-cheer-as-sc-says-cut-power-if-dues-head-north/383879/




LDA scam: UP moves SC for action against Amar
http://www.expressindia.com/latest-news/lda-scam-up-moves-sc-for-action-against-amar-singh/384078/
Express News Service
Posted: Nov 11, 2008 at 0940 hrs IST
Lucknow, November 10: The Mayawati government has moved the Supreme Court seeking permission to take action against Samajwadi Party general secretary Amar Singh. The basis of the plea is an inquiry report by state’s Principal Secretary, Urban Development, on the alleged illegal allotment of plots in Gomti Nagar, Lucknow. The report holds Singh guilty of misusing his power during the Mulayam Singh Yadav regime.
The state government had filed an application on November 8 seeking permission to take action against Singh. “It is prayed that the court permit the government to proceed in accordance with law and to take necessary action on the basis of the report,” the state government had said in its application.
The Lucknow Development Authority (LDA) had allotted Singh a plot in 1994 that was meant for the Economically Weaker Sections, according to the report.
The state government’s move comes in the wake of the Allahabad High Court restraining it from initiating action against Singh. However, the Lucknow Bench of the Allahabad High Court, on June 13, gave liberty to the state government to approach the apex court for proceeding against Singh.
A petition filed by advocate Vishwanath Chaturvedi seeking a high-level probe into the allotments worth Rs 2.80 crore made in Vipul Khand, Gomti Nagar, has been pending in the apex court, which on September 12, 2005 by an interim order had restrained transfer of the plots until further orders.
The UP government’s application said that on November 2, 2007, the apex court had issued notices to Yadav and Singh, among others, to initiate criminal prosecutions against them as they were beneficiaries of the alleged illegal allotment of plots.
The report said two plots were illegally allotted to the politician, out of which one was meant for EWS.
“It is clear on examination of the record that in this case Amar Singh was allotted (one) plot directly from EWS category which is completely against the rules,” the report said.
In another case, two plots were illegally allotted to one Aaliya Khatoon by the LDA, out of which one plot was purchased by Singh.
http://www.expressindia.com/latest-news/lda-scam-up-moves-sc-for-action-against-amar-singh/384078/



CJI: Time to ease creamy layer out of SC/ST quota
http://timesofindia.indiatimes.com/India/CJI_Time_to_ease_creamy_layer_out_of_SCST_quota/articleshow/3697272.cms
11 Nov 2008, 0141 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: The time has come to think about the creamy layer among Scheduled Castes and Scheduled Tribes and their gradual exclusion from quota benefits, said Chief Justice of India K G Balakrishnan, the first Dalit judge to occupy the highest post in the judiciary. Politicians are ever so shy about touching this taboo subject, but the CJI, who endured social discrimination and deprivation right through his school days and into his judicial career, was candid when asked if it was prudent to extend reservation to children of Dalit IAS officials, constitutional post holders or those successful in business. “Caste prejudice cannot be totally wiped out only by high income,” he told TOI, probably reflecting on the ground situation prevalent in many parts of the country. But he agreed that “it is time to put on our thinking caps about gradual exclusion of the high income group among SCs and STs from the purview of reservation benefits”. He was quick to clarify, having touched upon a sensitive issue. “Ultimately, it has to be a political decision based on consensus,” he said. Even though guarded, it is significant coming from Justice Balakrishnan, who, probably like US president-elect Barack Hussein Obama, fought prejudices to reach a position where none from the oppressed classes had ever set foot. His children could never go to a public school and had to get their education in government schools. He seldom benefited from reservation — there being no quota for SCs in selection of judges for the High Courts or the Supreme Court. Even his selection as a civil judge in Kerala in 1973 was purely on merit, for he stood first in the written test. He had to resign from judicial service and return to advocacy as he was told that he would find it difficult to make it to HC as promotional avenues were very low. Proving himself as an able advocate brought him the offer to join the Bench and he has not looked back since. If he was worried about clothes for going to school — he had just two pairs of dress — now he is worried about the prevailing situation in the country marred by unrest and terror strikes. “People should feel secure. They have a fundamental right to live in secure atmosphere where they should feel that their life and property are safe. That is the basis of democracy,” the CJI said. Do judicial officers need training to deal with cases relating to terrorism? Justice Balakrishnan said, “We do sensitize judges in issues relating to gender justice. But this aspect — training judicial officers to deal with terrorism cases — has not crossed our minds. May be we have to look into the scientific and psychological aspects of the evidence and train judges accordingly.”
http://timesofindia.indiatimes.com/India/CJI_Time_to_ease_creamy_layer_out_of_SCST_quota/articleshow/3697272.cms





Practising Legal Proficiencies
http://economictimes.indiatimes.com/News/News_By_Industry/Services/Consultancy__Audit/Practising_Legal_Proficiencies/articleshow/3697273.cms
11 Nov 2008, 0142 hrs IST, Juhi Shrivastava,
Switching from legal advisory to the world of enterprisers seemed like a natural course of action for Sanjay Kamlani, as for him entrepreneurship
runs in the family. Over the years, he has watched his father successfully launch several business initiatives be it real estate, garments, or the more recent culinary industry. “My family heritage is certainly the inspiration for starting my own entrepreneurial venture,” says Mr Kamlani, Co-CEO, Pangea3. His legal career took off in 1994 with Coopers & Lybrand (now PwC), by launching a US-India business practice group. After about six years of providing advise to US multinationals looking to fortify business proposals on Indian shores, he realised that it was the right time to start his own venture and thus, co-founded Pangea3. “When I launched Pangea3 with my partner and Co-CEO, David Perla, I had already learnt the method of decoding complicated business dynamics and the fine act of balancing required in minimising fixed costs, while ensuring that we grew our variable cost structure sparingly,” recalls Mr Kalmani. Currently, the company consists of 300 managing staff and more than 20,000 sq ft of office space. Now, it has to deal with bigger challenges of managing costs in line with revenue. “It was impossible to predict how long it would take to win clients, so we built an entirely variable cost structure, leasing a fully built office on a month-on-month basis with no security deposit,” Mr Kalmani reveals. Throughout his entrepreneurial journey, several obstacles surfaced along the way for Mr Kamlani. His mantra to overcome these challenges is to break them down into small simple steps and devise an action plan with a dedicated period to solve it. “When we started Pangea3 with nothing more than a notebook, the goal of raising $1.5 million dollars and opening an office in India seemed impossible. We broke the mission down to a series of weekly and monthly actions and achieved our target in less than six months,” says Mr Kalmani proudly. In 2004, the company started pitching to lawyers to outsource their own professional services from India-contract drafting, litigation document review, patent application drafting among many others. Pangea3 is revolutionising the way lawyers practice around the world by delivering excellent services, which are cost effective and consistently great. In a short time period, Pangea3 has made its mark in the market. “Five years from now, Pangea3 will be known as a leader in global legal services. Our leadership in the legal industry will not be distinguished by the notion of outsourcing; rather we will be judged purely on the basis of quality, efficiency, value-add, and the cost of our services representing a superior value equation to that offered by western law firms, temporary legal staffing firms, and internal in-house counsel resources,” explains Mr Kalmani. Mr Kalmani extends his advice to aspiring entrepreneurs saying, “Focus on your core expertise, keep your organisation lean, and don’t view any goal as insurmountable. Break it down into smaller achievable steps and then have the discipline to take those steps methodically and timely”.
http://economictimes.indiatimes.com/News/News_By_Industry/Services/Consultancy__Audit/Practising_Legal_Proficiencies/articleshow/3697273.cms







Mobile legal help service initiated
http://timesofindia.indiatimes.com/Delhi/Mobile_legal_help_service_initiated/articleshow/3696574.cms
11 Nov 2008, 0237 hrs IST, TNN
NEW DELHI: In order to provide proper treatment to homeless and mentally ill persons, the Delhi Legal Services Authority(DLSA) on Monday launched its pilot project of mobile legal services for provision of legal authorization for involuntary treatment of such persons. The initiative taken by DLSA in association with State Mental Health Authority (SMHA) will be conducted under Mental Health Act, 1987. Under the act, a patient with severe mental illness in need of treatment is to be produced before a magistrate who then authorize the initiation of involuntary treatment. Talking about the pilot project, DLSA project officer Sanjay Sharma said, " The whole idea of treating homeless mentally ill patient is to enhance the individual's ability to live independently and to rehabilitate the person with his or her family.'' The legal assistance will be provided at the Jama Masjid outreach clinic every Monday from 6 pm to 8 pm. The legal authorization for involuntary treatment includes the outpatient clinic based treatment as well as brief hospitalization as per the discretion of the treating doctors. "The pilot programme will run for three month on experimental basis and if it turns out to be successful, then the programme will be officially inaugurated for implementation in other areas as well,'' added Sharma. The programme involves a number of independent organizations like Health Initiative Group for Homeless (HIGH), a street based outreach clinic service department of Psychiatry, IHBAS, a community outreach services for district Mental Health Programme under National Mental Health Programme along with an NGO Aashray Adhikar Abhiyan (AAA).
http://timesofindia.indiatimes.com/Delhi/Mobile_legal_help_service_initiated/articleshow/3696574.cms




No parallel in-house probe into PF scam: Chief Justice
http://www.hindu.com/2008/11/11/stories/2008111161391300.htm
J. Venkatesan
NEW DELHI: There will not be any parallel enquiry through the ‘in-house procedure’ evolved by the Supreme Court in the Rs. 23-crore Ghaziabad PF scam allegedly involving 34 judges, Chief Justice of India (CJI) K.G. Balakrishnan made it clear on Monday.
“One additional judge’s [Justice A.K. Singh of Allahabad High Court] term is coming to an end. It is a question of confirmation. So I have signed the papers [not to make him permanent judge],” the CJI said in a brief interaction with journalists on the sidelines of a farewell function to Justice C.K. Thakker on his retirement.
Asked whether there was any in-house enquiry, Justice Balakrishnan said, “No. Not at all. It would be improper to conduct such an inquiry as the CBI is already investigating the scandal.”
The CJI declined to say whether judicial work would be withdrawn from other judges involved in the scam.
http://www.hindu.com/2008/11/11/stories/2008111161391300.htm



No in-house probe in PF scam:CJI
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=India&id=142620ed-b4d3-49d3-8233-369e97edbe5a&&Headline=No+in-house+probe+in+PF+scam%3aCJI
Satya Prakash, Hindustan Times
Email Author
New Delhi, November 11, 2008
First Published: 01:40 IST(11/11/2008)
Last Updated: 01:44 IST(11/11/2008)
Chief Justice of India K.G. Balakrishnan on Monday said there would be no in-house inquiry against the judges allegedly involved in the multi-crore Ghaziabad PF scam, as the CBI was looking into the matter.
“It would be improper to conduct such an inquiry (in-House) as the CBI is already investigating the scandal,” he said, speaking to reporters at a function.
On the recommendation not to confirm Justice A.K. Singh, an additional judge of the Allahabad High Court, the CJI said it was an administrative decision taken after his name figured in the scam.
Sources said the file was sent to the Law Ministry for further action and Singh would cease to be part of the judiciary in the next few days on the expiry of his term as additional judge.
Asked if any action would be taken against some other judges allegedly involved in the scam, he said there was no question of action as CBI was probing the case. An in-House procedure would mean a parallel investigation, he added.
Justice Balakrishnan, however, refused to take further questions on the scam.
The scam came to light in January after Ghaziabad District Courts Vigilance Officer Rama Jain reported to the Allahabad High Court about huge withdrawal of PF advances in the names of some serving and some fictitious employees.
The HC ordered the Ghaziabad Police to register an FIR in February after an inquiry panel confirmed siphoning of money.
In his confessional statement, main accused Administrative Officer Ashutosh Asthana alleged that a large part of these funds were used for payment of construction material, air conditioners, mobile phones, refrigerators, furniture etc., which were supplied to several sitting and retired judicial officers including the high court and an SC Judge.
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=India&id=142620ed-b4d3-49d3-8233-369e97edbe5a&&Headline=No+in-house+probe+in+PF+scam%3aCJI




HC seeks report from police before the end of 2008
http://www.expressbuzz.com/edition/story.aspx?Title=HC+seeks+report+from+police+before+the+end+of+2008&artid=jBzX4COnAJ4=&SectionID=Qz/kHVp9tEs=&MainSectionID=Qz/kHVp9tEs=&SEO=Sonu+Kapoor,+HC,+police,+bank&SectionName=UOaHCPTTmuP3XGzZRCAUTQ==
Rakshita Adyanthaya
First Published : 11 Nov 2008 09:41:00 AM IST
Last Updated : 11 Nov 2008 02:09:22 PM IST
BANGALORE: Sonu Kapoor can never forget the day her life was jolted by a rude shock. Two years ago she was on the road in her car, when loan recovery agents from a bank struck.
They stopped her on the middle of the road, harassed her, confiscated the car, only to later forge her signature and sell her car to someone. Sonu’s story points at the horrific metamorphosis of the loan recovery agent to a ruthless goon out to get you. All Sonu has of her car is the original RC book. But where is her car? Who owns it? It was the Standard Chartered Bank’s recovery agents who punished this property consultant for not clearing an outstanding amount of Rs 21,000. And within a month, even before she could come to a consensus with the bank, she was told that her car was already sold.
“How can somebody sell my car when I have the original RC book? I lodged a complaint at the Ulsoor police station against the Standard Chartered Bank employees and also met the then DCP who assured me of help. It is two years now but noting has gone in my favour,” Sonu Kapoor told The Express.
Sonu sought the documents from the RTO and received a further blow.
She discovered her forged signature. “I can understand if a small-time thief had done this, but this coming from a reputed bank was a shock.” This is how the affidavit read: “Mr Sonu Kapoor, son of K K Kapoor has lost the RC book while in transit and a complaint was lodged with the JB Nagar police station.” As of August this year, 3,454 cases of vehicle theft were registered in Bangalore and the percentage of recovered vehicles is almost negligible.
The High Court has ordered the Ulsoor station house officer to complete the investigation forthwith and submit the report before the end of this year.
http://www.expressbuzz.com/edition/story.aspx?Title=HC+seeks+report+from+police+before+the+end+of+2008&artid=jBzX4COnAJ4=&SectionID=Qz/kHVp9tEs=&MainSectionID=Qz/kHVp9tEs=&SEO=Sonu+Kapoor,+HC,+police,+bank&SectionName=UOaHCPTTmuP3XGzZRCAUTQ==



HC defers hearing on Kandhamal Inquiry panel
http://www.expressbuzz.com/edition/story.aspx?Title=HC+defers+hearing+on+Kandhamal+Inquiry+panel&artid=zGkqDuaM9mY=&SectionID=mvKkT3vj5ZA=&MainSectionID=fyV9T2jIa4A=&SectionName=nUFeEOBkuKw=&SEO=
Express News Service
First Published : 11 Nov 2008 07:26:00 AM IST
Last Updated : 11 Nov 2008 01:18:38 PM IST
CUTTACK: The State Government Monday heaved a sigh of relief as the Orissa High Court raised questions over maintainability of a petition challenging appointment of former Lokpal Justice Sarat Chandra Mohapatra as the one-man Commission of Inquiry to look into the Kandhamal violence.
The division bench comprising Chief Justice B.S. Chauhan and Justice B.N. Mohapatra directed the petitioner’s counsel to explain before the court as to how the appointment of an Inquiry Commission is an employment under the State Government. It deferred further hearing on the issue to Wednesday.
The petitioner Utkal Christian Council, through its secretary Jyotshna Rani Patra, had sought withdrawal of Justice S.C. Mohapatra from the Inquiry Commission by stating that his appointment was illegal and not in accordance with law.
The petitioner had challenged the appointment stating that as per sub-section (3) of Section (5) of Orissa Lokpal and Lok Ayukta Act 1970, a Lokpal on ceasing to hold office shall be ineligible for further employment under the State Government. He cannot also be considered for an office in any local authority, Corporation, Government company or even society.
Referring to this provision, Patra alleged that Mohapatra’s appointment to the one-man panel amounted to violation of laid down guidelines and done with mala fide intention. She appealed to the court to quash the appointment and direct the State Government to name another suitable person to head the inquiry. The court, however, sought to know if a Commission of Inquiry could be regarded as direct employment by the Government and gave time to the petitioner to prove her case.
http://www.expressbuzz.com/edition/story.aspx?Title=HC+defers+hearing+on+Kandhamal+Inquiry+panel&artid=zGkqDuaM9mY=&SectionID=mvKkT3vj5ZA=&MainSectionID=fyV9T2jIa4A=&SectionName=nUFeEOBkuKw=&SEO=



Madras HC reserves orders on petition seeking direction to CBI in Dinakaran attack casehttp://www.indlawnews.com/Newsdisplay.aspx?79c1e1af-2c1f-44b4-8ce2-3ec55216b451
11/10/2008
The Madras High Court reserved orders on a petition seeking a direction to the CBI to include Tamil Nadu Chief Minister M Karunanidhi’s Madurai-based son M K Azhagiri in the case relating to the attack on Tamil Daily ‘Dinakaran’ office in Madurai in May last year.After hearing the arguments by both the sides, Justice K Mohan Ram, reserved his orders for maintainability of the petition, without mentioning the date.On May 9, 2007, the Dinakaran office was attacked by a mob, resulting in the death of three employees. The mother of one of the victims moved the High Court accusing the CBI of succumbing to political pressure.Fearing danger to her life, G Thilagavalli, the mother of Gopinath, who was burnt alive along with Vinoth Kumar and Muthuramalingam alleged that the CBI had ‘wilfully and wantonly’ left out the names of the Chief Minister’s son Azhagiri and the sitting Mayor of Madurai Municipal Corporation Thenmozhi from the charge sheet. Even Dinakaran employees mentioned their names in the complaint, Thilagavalli submitted. She had sent representations to CBI Director and the Supreme Court. Though she had preferred a private complaint before the judicial magistrate’s court at Melur in Madurai district, she could not be present in the Court on the date of hearing due to threats from the henchmen of the Chief Minister’s son, she said. UNI
http://www.indlawnews.com/Newsdisplay.aspx?79c1e1af-2c1f-44b4-8ce2-3ec55216b451



HC judge who quit seeks to resume practice as lawyer
http://timesofindia.indiatimes.com/Mumbai/HC_judge_who_quit_seeks_to_resume_practice_as_lawyer_/articleshow/3697791.cms
11 Nov 2008, 0549 hrs IST, Shibu Thomas, TNN
MUMBAI: Ashutosh Kumbhakoni , who put in his papers as a judge of the Bombay High Court last week, applied to the Bar Council of Maharashtra and Goa, seeking permission to resume his practice as a lawyer. Kumbhakoni, who served as a judge for six months, resigned over issues related to his seniority. Kumbhakoni had taken the oath as judge "under protest' ' and said he had not drawn a single day's salary, nor taken leave or moved to the house entitled to him as a judge. TOI was the first to report about the resignation in its Monday's edition. In his resignation addressed to the President of India, the former judge said that he "did not want to be a hero, certainly not a martyr.'' . Though as per the Constitution no reasons need to be given in support of the decision to quit, Kumbhakoni said that circumstances had left him with no alternative. One reason was to leave no scope for imagination running wild (among people over the reason why he quit) and thereby causing any harm to the institution. The second was "nobody should ever suffer the way I have suffered, '' and thirdly, "afford an opportunity to at least one out of all concerned to introspect.'' The crux of the issue was the seniority of promotee judges (judicial officers who are promoted from the cadre) and bar-appointees (lawyers who are elevated as judges). Since the inception of the HC, the practice has always been to conduct the swearing in ceremony of the bar appointees first and later the promotee judges, "giving the bar appointees seniority over the promotee judges.'' In a departure from the said practice, on April 16, 2008, six promotee judges were sworn in first, followed by the two bar appointees, including Kumbhakoni. Though the warrants for all eight judges were issued together, the ministry of law and justice had issued the notification of the promotee judges a day prior to the one for the bar appointees. The former judge said that he had taken the oath "and was working only under protest, subject to my right to claim seniority''. Kumbhakoni further said that in the last six months he had thrice addressed letters to the appropriate authorities. "I have yet to receive even a simple acknowledgement of these communications, let alone a response there to,'' said Kumbhakoni, adding, "It is very humiliating for anybody , even with self-respect and dignity, to continue to work further under such circumstances for discharging the most divine duty of imparting justice, that too at such a high pedestal.'' Kumbhakoni signed off by saying that he hoped the issues he had raised would be taken to its "logical end and is not treated conveniently as infructuous''. REACTIONS FROM THE BAR The judge's resignation has caused a stir in the legal fraternity. BCMG in a specially convened full house meeting passed a resolution expressing concern over the treatment of Kumbhakoni. "A lawyer who is elevated as a judge sacrifices his legal practice and it has been a practice to give him seniority over the promotee judges as a matter of honour,'' Rajiv Patil, chairman of the BCMG told TOI. "The circumstances leading up to justice Kumbhakoni's resignation are unfortunate and would affect future appointments from the bar. Patil has called a meeting of the heads of all bar associations in the state to chart out an action plan.
http://timesofindia.indiatimes.com/Mumbai/HC_judge_who_quit_seeks_to_resume_practice_as_lawyer_/articleshow/3697791.cms



Food courts: HC stays allotment
http://www.expressbuzz.com/edition/story.aspx?Title=Food+courts:+HC+stays+allotment&artid=Cq5j%7C39huw4=&SectionID=9R67TMeNb/w=&MainSectionID=wIcBMLGbUJI=&SectionName=gUhH3Holuas=&SEO=
Express News Service
First Published : 11 Nov 2008 03:10:00 AM IST
Last Updated : 11 Nov 2008 08:36:51 AM IST
KOCHI: The Kerala High Court on Monday stayed the allotment of food courts in Fort Kochi till a public notice is issued through the print and electronic media.
The stay order was passed by Justice P N Ravindran while admitting a writ petition filed by T K Biju of Kumbalanghi challenging the decision to allot 32 food courts to the persons included in the list prepared by the sub-committee constituted by the District Collector.
The food courts were constructed by the Tourism Department to rehabilitate the roadside vendors at Vascodagama Square four years ago. The names of 56 vendors who were running fast food joints, handicrafts and readymade garments for years in the locality were listed and submitted by the then RDO to the department.
The petitioner is an applicant for the allotment of food court.
The petitioner, a member of a Scheduled Caste community having experience in running food stalls, claims that he is eligible for the allotment.
However, the allotment is done in a secretive manner without public notice.
The Tourism Department, cannot pick and choose the beneficiaries, contends the petitioner.
http://www.expressbuzz.com/edition/story.aspx?Title=Food+courts:+HC+stays+allotment&artid=Cq5j%7C39huw4=&SectionID=9R67TMeNb/w=&MainSectionID=wIcBMLGbUJI=&SectionName=gUhH3Holuas=&SEO=



Panchkula gangrape: HC serves notice on Hry DGP
http://timesofindia.indiatimes.com/Chandigarh/Panchkula_gangrape_HC_serves_notice_on_Hry_DGP/articleshow/3697686.cms
11 Nov 2008, 0521 hrs IST, Rajinder Nagarkoti, TNN
CHANDIGARH: In the case regarding rape and torture of a minor schoolgirl of Panchkula, Punjab and Haryana High Court justice Pritam Pal on Monday issued notice to state of Haryana, its DGP, SP (Panchkula) and SHO of Sector 14 police station. This was done after the victim’s mother filed a writ petition on Friday. Now, the case would come up for hearing on December 16 when respondents will have to file their replies. In the petition filed under Section 482 of CrPC, the victim’s mother sought a probe by an independent agency like CIA or crime branch, saying Panchkula police had failed to make any headway in the case. Her petition stated that as the accused had political links, Panchkula cops were favouring them. It added that the cops’laxity had allowed the accused to get bail. Her petition also mentioned that the accused had raped the victim on seven occasions before the incident of September 16 when they also tortured her in a village in Punjab. The petition mentioned that her daughter was raped on July 15, 22, 26 and 28, August 5 and 26 and September 4 in the year 2007. She alleged that the local DSP and SHO had visited the victim’s house late one night and taken her daughter with them on the pretext of questioning. She added that after doing so, they had threatened the victim to enter a compromise with the accused and change her statements recorded before the police and magistrate under Section 164 of CrPC. The victim’s mother alleged that name of one of the accused, Aman, was not included in the FIR, though the victim had told the cops about his involvement in the crime. Later, her daughter named Aman in her statement recorded under Section 164.
http://timesofindia.indiatimes.com/Chandigarh/Panchkula_gangrape_HC_serves_notice_on_Hry_DGP/articleshow/3697686.cms




Allow us to arrest Raj, govt pleads with HC
http://timesofindia.indiatimes.com/Mumbai/Allow_us_to_arrest_Raj_govt_pleads_with_HC/articleshow/3697434.cms
11 Nov 2008, 0401 hrs IST, Shibu Thomas, TNN
MUMBAI: The state government on Monday filed a petition in the Bombay high court challenging an order by a Kalyan court staying the arrest of Raj Thackeray and releasing him on interim bail. The state urged the high court to call for the records from the Kalyan court and quash the orders passed by it. It also sought for directives to take Raj into police custody. “The state will mention the application before the court on Tuesday and seek an early date for hearing,’’ said special public prosecutor Rohini Salian, who, along with special public prosecutor Amit Desai, would represent the government. TOI had first reported on November 8 about the state’s plan to appeal against the sessions court order. On October 22, while hearing Raj’s anticipatory bail plea in connection with a case registered with the Kalyan railway police, sessions judge K K Tantrapale had stayed the transfer warrant (transferring Raj’s custody to the railway police) till further hearing, leading to the MNS chief’s release. This had effectively put a spanner in the government’s plans to keep the MNS leader in jail for a longer time by seeking his police custody in the various cases he was charged with across the state. Describing the sessions court order as “wrong and illegal’’, the state application claimed that the “lower court had not applied its mind and it appears that it was quite influenced by Raj’’. According to the petition, Raj’s anticipatory bail plea had become infructuous as the Kalyan railway police had already taken him into custody. “The order of granting interim bail in the event of arrest and the order of staying the arrest was contradictory,’’ said the petition. It further alleged that certain documents were not served on the prosecution, but found their way into the judicial records. “The entire approach of the lower court while passing the orders appears to be wrong, illegal and against the provisions of law,’’ said the petition. shibu.thomas1@timesgroup.com
http://timesofindia.indiatimes.com/Mumbai/Allow_us_to_arrest_Raj_govt_pleads_with_HC/articleshow/3697434.cms





Lawyer in spot for levelling false charges
http://timesofindia.indiatimes.com/India/Lawyer_in_spot_for_levelling_false_charges/articleshow/3697374.cms
11 Nov 2008, 0254 hrs IST, TNN
NEW DELHI: The SC on Monday castigated a lawyer for making false charges against two sitting HC judges for the alleged custodial death of a UP advocate Shrikant Awasthi, who died while serving sentence awarded to him for contempt of court . A bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal charged PIL petitioner Aeltemesh Rein of telling lies about the two HC judges ordering the handcuffing of the lawyer, who died in custody on May 13. “He was not produced even for a single day before the two judges in handcuff. This allegation is false. You have done a great disservice to the judiciary by the alleging falsehood,” the bench said. It referred the PIL to the HC and asked it to cross-check the facts.
http://timesofindia.indiatimes.com/India/Lawyer_in_spot_for_levelling_false_charges/articleshow/3697374.cms





Relief for Raj: SC will not cancel bail orders
http://www.dnaindia.com/report.asp?newsid=1205332
Rakesh Bhatnagar
Tuesday, November 11, 2008 03:56 IST
NEW DELHI: In a major relief to Maharashtra Navnirman Sena chief Raj Thackeray, who is facing criminal cases relating to violence against north Indians, the Supreme Court on Monday refused to cancel the orders of bail passed by different courts. It also refused to order transfer of cases against him to some other state and a judicial probe into the incidents that rocked other parts of the country.
The court, however, issued notice to the Maharashtra government on a petition alleging its failure to take effective steps to protect north Indians and non-Marathis in the wake of the hate campaign. A bench headed by chief justice KG Balkrishnan, who had expressed anguish at lack of political will to arrest violence of this kind, sought the state government’s response on Delhi businessman Salek Chand Jain’s PIL saying the state police remained a mute spectator when two north Indians were killed in Mumbai.
The bench rejected another PIL related to a judicial probe into the so-called encounter killing of a Patna youth Rahul Raj by Mumbai police and the murder of a Faizabad resident Dharam Dev Rai, who was beaten to death in a local train in Mumbai.
Advocate Sanjeev Kumar’s PIL said he was compelled to approach the Supreme Court as the authorities in Maharashtra had failed to respond to his request for providing adequate protection to north Indians in the state.
Rahul Raj, a 23-year-old resident of Patna, was killed in a shootout in a BEST bus on October 27 and a day later, Dharam Dev Rai, 25, a resident of Faizabad in UP, was beaten to death in a local train in Mumbai.
http://www.dnaindia.com/report.asp?newsid=1205332


State admits PDS lapses
http://www.telegraphindia.com/1081111/jsp/frontpage/story_10093656.jsp
CHANDRAJIT MUKHERJEE
Ranchi, Nov. 10: The state government today conceded before Jharkhand High Court that its public distribution system had failed to serve the poor as ration shops ended up benefiting those above the poverty line.
In an affidavit filed in the court in connection with a contempt petition relating to a PIL on a hunger death in Hazaribagh, chief secretary A.K. Basu also said that a survey of over 20,000 PDS outlets had been conducted and necessary action taken against those found to be wanting in their operations. He said owners of 3,293 PDS outlets had been showcaused for not supplying foodgrains to the poor. Around 900 licences for PDS shops had been suspended, while FIRs had been registered against 197 shop owners for misappropriation of foodgrains.
By reviewing the public distribution system and taking strict action against unscrupulous operators, Basu assured the court the government was geared up to meet its responsibilities to ensure there were no more starvation deaths in the state.
He also informed the court about various welfare schemes being run by the government. In 2007-08, about 9,637 tonne of foodgrains had been distributed among 5.15 lakh BPL families. According to the 2001 census, the state has 29.06 lakh BPL families while the relief sanctioned by the Centre was only for 23.95 lakh BPL families, he said.
Basu told the court that BPL families had been divided into three categories for relief distribution. The Antyoday Anna scheme launched in September 2007 provided 35 kg cereal to the poor. While wheat was available at Rs 4.62, rice was pegged at Rs 6.15 under the scheme. In another category, wheat and rice were made available at Rs 2 and Rs 3 respectively. All senior citizens above 65 years were also provided 10 kg of foodgrains at subsidised rates. The bench was hearing a contempt application filed by Arun Kumar in 2007 citing the starvation death of Antu Munda in Hazaribagh to highlight the plight of the people.
And the government’s apathy towards the poor who couldn’t afford a single square meal a day.
The high court had expressed its anguish on the working of the state government and the failure of the public distribution system. It had directed the chief secretary to take prompt action and inform the court about the measures taken to prevent future starvation deaths.
http://www.telegraphindia.com/1081111/jsp/frontpage/story_10093656.jsp




Indian Court Rejects Ban On Publication of Hindu Book
http://religionclause.blogspot.com/2008/11/indian-court-rejects-ban-on-publication.html
Tuesday, November 11, 2008
In India yesterday, the Delhi High Court reversed a lower court decision that had banned the Sarvadeshik Press from publishing of a 135-year old Hindu religious book, Satyarth Prakash, written by social reformer Swami Dayanand Saraswati. IANS reports that the lawsuit challenging the book had alleged that its publication hurt the religious sentiments of Muslims. The High Court said it was not its role to decide on the truthfulness of religious books or to regulate religious sentiments, and said the lawsuit was merely a publicity stunt.
http://religionclause.blogspot.com/2008/11/indian-court-rejects-ban-on-publication.html



SC grants Todi one-week breather
http://timesofindia.indiatimes.com/Kolkata_/SC_grants_Todi_one-week_breather/articleshow/3697480.cms
11 Nov 2008, 0430 hrs IST, TNN
New Delhi/Kolkata: Ashok Todi, prime accused in the Rizwanur Rahman death case, got a breather on Monday as the Supreme Court asked CBI not to arrest him till November 17. He is absconding after being slapped with an arrest warrant by the trial court. In Kolkata, accused police officers Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das and the fourth accused Sheikh Moinuddin alias Pappu appeared before the 14th metropolitan magistrate, Madhumita Roy, on Monday. She fixed November 20 as the date for the next hearing. A Bench, comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal, orally directed CBI not to arrest Todi till November 17, when it would hear his petition challenging the CBI chargesheet. CBI counsel Amit Tiwari pointed out that Todi has been absconding ever since a non-bailable warrant had been issued against him and despite the pendency of his plea recalling that order. The Bench, however, acceded to the request made by Todi’s counsel Harish Salve, pleading that the arrest of his client be put on hold till the latter’s petition was disposed of. Todi had moved the Supreme Court on Friday, seeking an urgent hearing of his plea questioning the issuance of the coercive order by the trial court. Pointing out the anomaly in issuing the NBW, he said the apex court had on October 13 ordered a freeze on the trial proceedings in the Rizwan suicide case, in which CBI had chargesheeted him, along with the others. Salve said SC had directed suspension of the trial court proceedings till Calcutta High Court decided Todi’s writ petition challenging CBI action in filing a chargesheet against him and others. Todi’s complaint was that CBI had exceeded the HC order, which had only sought a sealed cover report, and filed the chargesheet accusing the businessmen of abetting Rizwan’s suicide. He said if Todi was sent to jail by the magistrate as per the NBW and the case is committed for trial at a time when HC had been directed to test the legality of the CBI chargesheet, then the purpose of the legal challenge would be rendered infructous. CBI had accused Todi of driving Rizwan to suicide as the businessman had made incessant attempts to force his daughter to leave Rizwan. Besides Ashok Todi, his brother Pradip, brother in-law Anil Saraogi, three police officers Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das and Rizwan’s neighbour S M Moinuddin have all been named in the chargesheet.
http://timesofindia.indiatimes.com/Kolkata_/SC_grants_Todi_one-week_breather/articleshow/3697480.cms





Why quota even for progressive communities, SC asks Karnataka
http://www.ptinews.com/pti/ptisite.nsf/0/54D607EB900B5050652574FE004D6AFA?OpenDocument

New Delhi, Nov 11 (PTI) The Supreme Court today questioned the rationale behind the Karnataka Government's move to extend reservation facility to forward communities like "vokkaligas" in local body polls."Are you not defeating the very purpose of empowering those who are supposed to be empowered by extending such benefits to the community," a five-member Constitution Bench asked the State Advocate General, Udya Holla.The apex court felt providing reservation even to such forward communities would only help those who are already empowered."It is even contrary to the Chinnappa Reddy Committee report. You are empowering those who already have power," the bench observed.The bench comprising the Chief Justice of India K G Balakrishnan, Justices R V Raveendran, D K Jain, P Sathasivam and J MPanchal is examining the validity of the 73rd and 74th amendments of the Constitution which provides reservations to backward classes and women in addition to the Scheduled Castes and Scheduled tribes for the local bodies election.The Bench is also examining the challenge to the Karnataka Panchayati Raj Act, 1993 which provides 84 per cent reservation in local bodies election.However, the Karnataka Government defended its decision saying that there were underprivileged persons not only in the traditional SC, ST and BC communities, but even among the forward castes like vokkaligas, brahmins and jains."There are underprivileged and below poverty line families even among brahmins and Jains," Holla told the bench, justifying the reservation benefits to such progressive communities also. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/54D607EB900B5050652574FE004D6AFA?OpenDocument



Pataudi black buck case: SC notice to Haryana govt
http://economictimes.indiatimes.com/Flora__Fauna/Pataudi_black_buck_case_SC_notice_to_Haryana_govt/articleshow/3698042.cms
11 Nov 2008, 0852 hrs IST, PTI
NEW DELHI: An animal rights activist has moved Supreme Court alleging that he has been implicated in criminal and wildlife violation cases by the
Haryana Government, which should instead be taking action against former Indian cricket Test captain Mansur Ali Khan Pataudi in the "Jhajjar black buck killing case." A bench of Justices L S Panta and Aftab Alam on Monday issued notices to the Haryana Government seeking its response on the special leave petition filed by Naresh Kadyan, a designated "Master Trainer" of the Animal Welfare Board of India. Pataudi along with seven of his associates was involved in a controversy on June 3, 2005 after they illegally hunted a black buck and two hares in Kirlod village of Jhajjar town. Kadyan, in his SLP alleged that the authorities instead of vigorously pursuing the case against Pataudi and others have foisted false cases against him under IPC sections 186 (obstruction public servant from discharing duties), 297 (trespass into burial grounds), 332 (causing hurt to public servant), 342 (wrongful confinement) and 353 (assaulting or using criminal force against public servant). He was also booked under Section 51 of the Wildlife Act, according to his counsel Aeltemesh Rein. According to the petitioner even though wildlife officials caught Pataudi and other accused "red handed", they were released along with the weapons and vehicles used in the offence.
http://economictimes.indiatimes.com/Flora__Fauna/Pataudi_black_buck_case_SC_notice_to_Haryana_govt/articleshow/3698042.cms








SC slams Coca Cola over 'adulteration' case
http://sify.com/finance/fullstory.php?id=14795027
Tuesday, 11 November , 2008, 13:45
New Delhi: Soft drink giant Coca Cola received a setback with the Supreme Court dismissing a petition filed by the company's local arm challenging criminal proceedings initiated against it by the Rajasthan Government in an alleged "adulteration case."
A bench of Justices B N Aggrawal and G S Singhvi also expressed anger over the fact that despite registration of a criminal case against Hindustan Coca Cola Beverages Pvt Ltd, manufacturers of Coca Cola, and its officials did not come up for hearing even once in six years.
"It indicates that the entire criminal justice system is rotting," the bench observed during the brief hearing of the case.
The apex court questioned senior counsel U U Lalit appearing for the company as to why the company did not move the Court for getting itself cleared and instead waited for six years to file a petition in the Rajasthan High Court for quashing the criminal cases.
"How come the case has not come up for hearing for five-six years?" the bench questioned the counsel while dismissing the company's petition challenging the high Court order.
On September 26, 2000, the Food Inspector, Sikar had filed a criminal case under the Prevention of Food Adulteration Act (PFA) against the company and its officials on the ground that chemical analysis of a certain sample was found to be adulterated.
Though the case was filed by the Food Inspector on September 26, 2000, the case did not come up for hearing until October 17, 2006 when a bailable warrant was issued against the company officials.
However, the company had claimed that the complaint was false as the Public Analyst's report had contradicted the same as only misbranding of the product.
According to the company, the Public Analyst report at one place has termed the samples as carbonated water and at another place as "synthetic fruit beverage."
The high court had earlier vacated the interim stay it had initially granted on the criminal proceedings launched against the company by the Food Inspector Sikar before the Additional Chief Metropolitan Magistrate.
Aggrieved by the high court's order, the soft drink company had filed the SLP in the apex court.
http://sify.com/finance/fullstory.php?id=14795027



Tribunal confirms ban on LTTE
http://www.hindu.com/2008/11/11/stories/2008111155811100.htm
J. Venkatesan
New Delhi: The Tribunal constituted under the Unlawful Activities (Prevention) Act upheld on Monday the ban imposed by the Centre on the Liberation Tigers of Tamil Eelam on May 14 for a period of two years.
The LTTE was initially banned in India following the assassination of the former Prime Minister, Rajiv Gandhi, in May 1991. Since then it is being renewed every two years. Under the UAP Act, the Tribunal must confirm the ban within six months.
Justice Vikramajit Sen, judge of the Delhi High Court, confirmed the ban.
The May 14 notification imposing the ban had said: “The Centre was of the opinion that LTTE is an unlawful association and there is a continuing strong need to control all such separatist activities by all possible means.”
http://www.hindu.com/2008/11/11/stories/2008111155811100.htm