LEGAL NEWS 16.11.2008

Detailed reasons in judgement is a must: SC
http://www.hindu.com/thehindu/holnus/002200811161540.htm
New Delhi (PTI): The Supreme Court has held that High Courts cannot pass any judgement without giving detailed reasons and discussion about merits of a case.
"Out of the 14 pages of the judgement as appearing in the paper book except the 'quoted above' there is no discussion about the merits of the case. This certainly is not an appropriate way to deal with a criminal appeal," a bench of Justices Arijit Pasayat and Mukundakam Sharma observed.
The bench passed the observation while upholding an appeal filed by S Raghu Ramaiah, a state government employee, challenging the dismissal of his appeal by the Andhra Pradesh High Court in a corruption case.
In the said the judgement, the High Court made only a single observation, "After carefully going through the evidence placed by the prosecution and the judgement of the court below. I find no ground to interfere with the conviction and sentence imposed by the court below." The high court had passed the terse observation in the judgement without specifying any detailed reasons, on account of which Ramaiah filed the SLP in the apex court.
Upholding the employee's plea, the apex court remitted the matter to the High Court for fresh consideration.
http://www.hindu.com/thehindu/holnus/002200811161540.htm


SC rejects bail plea of Gujarat POTA accused
http://www.hindu.com/thehindu/holnus/002200811161021.htm
New Delhi (PTI): The Supreme Court has turned down the bail plea of a man booked under the Prevention of Terrorist Activities (POTA) Act by the Gujarat police for his alleged subversive activities and role in a conspiracy to create communal unrest in the wake of the Godhra train carnage.
A bench of Justices Arijit Pasayat and P Sathasivam, upheld the findings of the trial court and the Gujarat High Court which had both reasoned that sufficient material had been brought on record by the prosecution to justify the denial of bail to Mahmood Rajasa Saiyed.
Saiyed was arrested by the State police in 2003, for being engaged in a conspiracy to create communal unrest in the State in the wake of the Godhra train massacre.
Police claimed to have recovered from him incriminating material including firearms sought to be used for the purpose.
http://www.hindu.com/thehindu/holnus/002200811161021.htm



SC's guidelines on quashing of criminal cases
http://www.hindu.com/thehindu/holnus/002200811161022.htm
New Delhi (PTI): The Supreme Court has held that high courts should not quash criminal proceedings against accused unless the allegations, even if taken on face value, disclose no cognisable offence.
Citing a number of earlier judicial rulings, a bench of Justices S B Sinha and Aftab Alam said, if the allegations made in the FIR disclose commission of an offence, the court shall not go beyond the same and pass an order in favour of the accused.
"The court while exercising its inherent jurisdiction, although would not interfere with a genuine complaint keeping in view the purport and object for which the provisions of Section 482 and 483 of the Code of Criminal Procedure had been introduced." The said sections give inherent powers to the high court to quash criminal proceedings against accused persons if it is satisfied that no cognisable offence had been committed by the accused.
The apex court passed the observation while dealing with an appeal filed by a woman challenging the quashing of criminal cases against some persons involving certain money transactions.
http://www.hindu.com/thehindu/holnus/002200811161022.htm



SC, ST, OBC form 12.12% of govt staff
http://timesofindia.indiatimes.com/Goa/SC_ST_OBC_form_1212_of_govt_staff/articleshow/3718614.cms
16 Nov 2008, 0513 hrs IST, Gauree Malkarnekar, TNN
PANAJI: Are the Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) struggling to find their way to the top in Goa? Here are a few statistics to ponder over. The latest government census has shown that nearly all the 5,568 SC, ST and OBC state employees work in pay-scales ranging from Rs 2,550-3,200 to Rs 8,000-13,500. Only 0.06% earn Rs 9,000 and above. Of the 45,921 state employees, SC, ST and OBC employees make up 12.12% of the work force. Of this, 4,465 are male and 1,1,03 are female, 4,601 work in government departments, 823 in grants-in-aid institutions and 144 in public sector undertakings. A survey by the Sarva Shiksha Abhiyan, a central government elementary education body, found that of the total number of students enrolled in schools from standard I to VIII for the academic year 2005-06, 2.54% were SC and 5.60% were ST. This increased in the following academic year to 2.79% and 7.72% respectively. The survey of OBC students is still underway, but figures of enrollments up to the primary level for 2005-06 were 7.21%. This increased to 9.29% the following year. While the 2001 census shows Goa’s SC population as 23,791 or 2.08% of the total population of 14 lakh, the ST population in the state is 1.8%, while the Goa State Commission for Backward Classes classifies the percentage of the OBC population in Goa as between 45-49.5%. A government survey on the latter is still underway. The 2001 census further shows that the drop-out rate of SCs after primary level of education is high. This conclusion is drawn by comparing data on the levels of education attained by all SCs. The percentage of literates up to the secondary level at 12% is less than half of the primary level literates. The number further declines sharply from secondary level onwards as the proportion of SC graduates is as less as one third of the matriculates of the community. However, the overall literacy rate of SCs in Goa is 71.9% which is higher than the national average of 54.7%. The drop-out rate is also high among STs. It declines sharply from secondary level onwards, according to the 2001 census. However, the Work Participation Rate (WPR) of the ST population at 44.3% in Goa is lower than the national average of 49.1%. Despite the figures, Somaiya G, sociologist, says that it is only a matter of time before the SC, ST and OBC find their way up the social ladder. “Earlier ST, SC and OBCs did not have the opportunities to acquire higher qualifications or to join well-paid jobs. It is only recently that social conditions for them have improved. Therefore, it is only a matter of time before they rise to higher positions,” he said. Advocate Avinash Bhonsle, member, Goa State Commission for Backward Classes, said, “It is only now that the stigma attached to belonging to a backward class is leaving the communities. It is recently that they are learning to come forward and take advantage of the reservations available for them at various levels.”
http://timesofindia.indiatimes.com/Goa/SC_ST_OBC_form_1212_of_govt_staff/articleshow/3718614.cms




SC to frame guidelines on encounter deaths
http://www.hindu.com/2008/11/16/stories/2008111656761200.htm
J. Venkatesan
New Delhi: Expressing serious concern over the increasing incidents of encounter deaths in the country, the Supreme Court has said it proposes to frame guidelines to be followed by all the States and Union territories whenever encounter deaths take place.
A Bench of Justice Dalveer Bhandari and Justice H.S. Bedi issued notice to the Centre, all States and Union territories seeking their response on the proposed guidelines. The Bench passed this order on a petition filed by the People’s Union for Liberties, Mumbai, highlighting several fake encounters by the Maharashtra police.
The Bench also said that it would examine the propriety of police officers briefing the media on the progress of the investigation of a particular case and directed the listing of the matter after four weeks.
The PUL filed a writ petition in the Bombay High Court alleging that a large number of people had been killed in fake encounters.
Guidelines
The High Court, while dismissing the petition, gave detailed guidelines to the police to be followed mandatorily in cases of police encounters. Aggrieved against this judgment, the petitioner filed the present appeal in the apex court.
The Bench, in its interim order, said, “counsel for the petitioner, Prashant Bhushan, filed in the court a draft of guidelines which contains the guidelines issued by the High Court, National Human Rights Commission and also the suggestions proposed by him. Looking at the gravity of the matter, we deem it appropriate that before issuing the final directions/guidelines regarding police encounters, this Court must hear the Union of India, States and Union Territories.”
The order said: “We direct notices be sent to the Home Secretaries of Union of India, States and Union Territories. Draft guidelines submitted by Mr. Prashant Bhushan shall be circulated. Looking at the importance of the matter, we would like Solicitor-General or Additional Solicitor-General to assist the Court. We also request all the parties to address the court on the aspect of the propriety of the police officers/Investigating Officers appearing/briefing the media in a criminal case which is pending investigation.”
The draft guidelines included the following:
No out-of-turn promotion, cash award or gallantry reward shall be bestowed on the officers concerned pursuant to their role in an encounter as this may be an incentive for officers to conduct encounters.
Whenever the police are in receipt of any intelligence or tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offences, it shall be entered into a case diary.
Where the police officers belonging to the same Police Station are members of the encounter party, whose action resulted in deaths, it is desirable that such cases are made over for investigation to some other independent investigating agency such as State CBCID.
http://www.hindu.com/2008/11/16/stories/2008111656761200.htm



Consider promotion of 2 UP Govt officers to IAS: HC to Centre
http://www.hindu.com/thehindu/holnus/004200811161321.htm
New Delhi (PTI): The Delhi High Court has come to the rescue of two senior UP government officers, who were denied promotion to IAS, by directing the Centre and the state government to consider their promotion.
The court asked the governments to undertake Cadre Review for the state of UP, which is due since April 2003, for considering their promotion.
The court also set aside a Central Administrative Tribunal's December 2006 order dismissing a petition filed by two State Civil Services officers of Uttar Pradesh and sought promotion through cadre review exercise by the Centre.
Justice S Muralidhar in a judgement on Friday allowed an appeal filed by Hemraj Singh Chauhan, Special Secretary, Trade Tax department, and another officer of UP government challenging the CAT's order and directed the Centre to undertake the review in two months and consider the promotion of these officers in a month's time from that.
Both the officers in their appeal has alleged that following the formation of new state as the 'Uttaranchal' in 2000, the Centre and the UP government delayed the Cadre review exercise, which was due in 2003, for the SCS members under the IAS Promotion Regulations.
However, through a notification the review was done by Centre for both UP as well as Uttaranchal in August 2005, but by that time both the officers had attained the age of 54 years, the age that disqualified them for the promotion to IAS, they added.
Claiming that the Centre should consider their promotion retrospectively, the officers stated that if the Cadre Review was done on time then they would have been promoted to IAS. But due to procedural delay on the part of the government they were deprived of promotion.
http://www.hindu.com/thehindu/holnus/004200811161321.htm



Install silencers or turn deaf: Former HC judge http://www.expressbuzz.com/edition/story.aspx?Title=Install+silencers+or+turn+deaf:+Former+HC+judge&artid=AWHK8lAYjxE=&SectionID=7GUA38txp3s=&MainSectionID=fyV9T2jIa4A=&SectionName=zkvyRoWGpmWSxZV2TGM5XQ==&SEO=
Express News Service
First Published : 16 Nov 2008 04:39:00 AM IST
Last Updated : 16 Nov 2008 11:41:43 AM IST
BANGALORE: Former judge of the Karnataka High Court, Justice M F Saldanha, on Saturday said that noise pollution levels in Bangalore had reached alarming levels and if the present trend continued many people in the city would become deaf.
“It is gradually becoming a health hazard and a major threat to quality of life,” he said.
Justice Saldanha told reporters here on Saturday that the major causes of noise pollution were autorickshaws and some twowheelers that were plying on the city roads without silencers or with defective silencers.
Besides, indiscriminate honking was adding to the noise.
Research has shown that if the noise exposure level exceeds 80 decibels people will gradually turn deaf.
“But in Bangalore, noise pollution exceeds 90 or even 100 decibels. If the present trend continues most of the people in Bangalore will become deaf in another five to ten years,” he said.
There are nearly 70,000 autos in Bangalore and almost all the auto drivers have disconnected the mufflers and silencers due to reasons best known to them.
Justice Saldanha said ‘Mission Peace,’ an NGO that was striving to stop noise pollution in Bangalore, had requested the government to make compliance to noise regulations part of the criteria for issuing fitness certificates for vehicles. He also called for making noise check mandatory. “Provide hand-held noise metres to the RTOs and traffic police and take steps to stop the autorickshaw noise nuisance by imposing hefty fines or confiscate the offending vehicle till the silencer is fixed,” he said. Mission Peace will observe December 1 as “No Honking Day,” he added.
http://www.expressbuzz.com/edition/story.aspx?Title=Install+silencers+or+turn+deaf:+Former+HC+judge&artid=AWHK8lAYjxE=&SectionID=7GUA38txp3s=&MainSectionID=fyV9T2jIa4A=&SectionName=zkvyRoWGpmWSxZV2TGM5XQ==&SEO=



Bhuj people move HC over ‘illegal’ jantari
http://www.expressindia.com/latest-news/bhuj-people-move-hc-over-illegal-jantari/386325/
Syed Khalique Ahmed
Posted: Nov 16, 2008 at 0111 hrs IST
Ahmedabad, November 15 The latest jantari, a benchmark for valuation of real estate for purposes of calculating stamp duty, which was brought out by the state government early this year, has courted controversy.
The people of Bhuj in Kutch district have filed a petition in the Gujarat High Court, contending that the jantari brought into force on April 1 by an executive fiat was irrational, absurd and far from ground realities.
The petition filed by the Kutch Construction Industries and Rehabilitation Federation through its advocate Girish Patel contended that the whole idea of bringing out a jantari was itself extra-legal because the Bombay Stamp Duty Act amended in 1982 did not refer to the word jantari anywhere.
The 1982 Act, according to the petition, speaks of only two things so far as charging of stamp duty is concerned. Firstly, the stamp duty will be levied on the market value of the property in question at the time of execution or registration of documents.
Secondly, the price mentioned in the document will not be final, and the one determined by the registration officer will be taken as final.
However, jantari has been in vogue in the state since 1984. But the petition points out that the jantari was earlier used as a guideline, but it has now been made a direction to be followed compulsorily.
So, whatever is the market price, the stamp duty will be charged on the jantari price or the rate fixed by the government.
So, the very basis of levying the stamp duty, the petition argues, has been changed. It is this aspect, according to the petition, which is creating problems because of the wide variation between the jantari and actual market rates. While earlier, the registration officer had the power to reassess the market value in case of any discrepancy in the jantari, the petition contends that an officer, as per new fiat, has to go strictly by the jantari rates only, leaving no scope for any amendment.
Submitting that the market value differs from property to property and from time to time and hence a generalised market value is not possible, the petition claims there is a difference of 6,000 to 12,000 per cent between the market price and the jantari price of the properties at different places in Bhuj.
This place had faced large scale destruction due to the January 2001 earthquake and large-scale construction activities are going on ever since for rehabilitation of the affected people.
The petition has also challenged the way the new jantari was prepared. The first jantari was prepared in 1984 and the second in 1999. Thereafter, a five per cent hike in the jantri value of property was allowed every year.
However, the government went ahead for a new jantari in 2005, after a steep hike in real estate owing to urbanisation. Experts, including those from the Ahmedabad-based Centre for Enviromental Planning and Technology (CEPT) University, were involved in it.
The draft jantari was prepared in 2006 but reportedly kept in wraps. It was announced only on February 26, 2008, by uploading it on the website after hue and cry from a section of the population.
But people again objected to it, arguing the jantari was finalised without giving a chance to the people to file their objections.
The government gave in and over 5,000 objections, including over 2,000 alone from Bhuj till March 26, were received on the last date of filing objections. The reason for exceptionally high figure of objections from Bhuj was the high variation in the market rate and the jantari rate.
A high-level committee formed to look into the objections formed on March 25 submitted its report on March 28, just within four days of receiving objections.
The petition points out that it was not really possible to examine 5,000 objections within four days and submit the report. And if it was done so, it means that the objections were not considered seriously.
http://www.expressindia.com/latest-news/bhuj-people-move-hc-over-illegal-jantari/386325/



HC orders initiation of criminal proceedings against six BCCI officials
http://www.topnews.in/hc-orders-initiation-criminal-proceedings-against-six-bcci-officials-289592
Submitted by Bharat Ghai on Sun, 11/16/2008 - 05:00.
As per the Calcutta High Court order, criminal proceedings will be initiated against six BCCI officials - including the president, Shashank Manohar, and former president Sharad Pawar - for filing a false affidavit, in a case of alleged perjury involving Jagmohan Dalmiya's expulsion from the Indian board.
The remaining four Board of Control for Cricket in India (BCCI) officials include Chief Administrative Officer Ratnakar Shetty; former secretary Niranjan Shah; Secretary N Srinivasan; and junior Cricket Committee Chairman Chirayu Amin.
The court order is the latest twist in Dalmiya's bitter rivalry with the current BCCI administration. Dalmiya has been fighting various legal battles since his expulsion in 2006, and had filed a case against the six officials alleging that the documents, relating to his expulsion, were false and were intended at mislead the court.
Justice Nadira Patherya passed the order for initiation of criminal proceedings at an appropriate court, under Section 195 of the Criminal Procedure Code - dealing with prosecution for contempt of lawful authority of public servants for offences against public justice, and for offences relating to documents given in evidence.
Apart from the perjury case, there is another case being heard in a Mumbai metropolitan court, relating to alleged embezzlement of funds during the World Cup of 1996. Those charges were levelled by the BCCI after Sharad Pawar took over as president in 2005. Dalmiya had used his casting vote to help his nominee, Ranbir Singh Mahendra, defeat Pawar in the BCCI presidential election in 2004, but Pawar won the next year.
http://www.topnews.in/hc-orders-initiation-criminal-proceedings-against-six-bcci-officials-289592



Parking lease by MCD on pvt land stayed HC stays parking contract awarded by MCD
http://timesofindia.indiatimes.com/Delhi/Parking_lease_by_MCD_on_pvt_land_stayedHC_stays_parking_contract_awarded_by_MCD/articleshow/3717812.cms
15 Nov 2008, 2322 hrs IST, Abhinav Garg, TNN
NEW DELHI: The Delhi High Court has stayed an award of a parking contract to a private contractor by MCD after the owner of the land challenged it before HC. A division bench of HC stayed the license awarded by MCD in Udyog Nagar Industrial Area. The land belongs to a co-operative society which alleged that this action of MCD was illegal as the road and adjoining streets were not ''public streets'' but private ones. Seeking a stay through lawyer Rakesh Makhija, "Manufacturers Co-operative Ind Estate Ltd'' argued before HC that they had only roped in MCD for maintenance of roads inside their industrial complex but the civic agency went ahead and leased out a parking award to a private player who has nothing to do with the society. Enumerating the dates, the society informed the court that MCD was brought into the picture in 1975 for simple maintenance of roads for which the members paid a fixed sum to the agency. However, in October this year, members were surprised to see a private contractor who turned up and demanded money from car owners. He waived a contract granted by MCD to bolster his claims and said it was a public street with MCD as its owner and therefore, people have to cough up parking fee. the contractor also informed members that he was shelling out a monthly amount to MCD in return for this license. The members rushed to court seeking relief, saying they had been reduced to paying money for parking vehicles on their own land. They also alleged that MCD didn't even bother to inform the society members that it had brought in a private contractor to oversee parking. MCD on its part, claimed that the roads belonged to it by virtue of society transferring maintenance to it. The civic agency defended its decision, arguing the discretion remained with MCD on what to do with this road and adjoining area which was being maintained by it. When the case was heard first by a single judge, he refused to stay the contract and jointly sought a response from the civic agency, prompting the petitioners to again move HC before a division bench. They argued that without an interim stay, they were being forced to pay money for parking inside the area.
http://timesofindia.indiatimes.com/Delhi/Parking_lease_by_MCD_on_pvt_land_stayedHC_stays_parking_contract_awarded_by_MCD/articleshow/3717812.cms




Deshdrohi producer moves HC over ban
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072759&ch=11/15/2008%208:58:00%20PM
Press Trust of India
Saturday, November 15, 2008, (Mumbai)
Producer and director of the film Deshdrohi, which depicts the plight of migrants in Mumbai, has approached the Bombay High Court seeking lifting of the ban imposed on it by Maharashtra government.The state government banned the film last week on the ground that its screening could cause tension between north Indians and Maharashtrians.The film by Bhojpuri filmmaker Kamal R Khan, who is also the protagonist, is about a north Indian migrant who struggles in Mumbai.The movie was banned under Section six of the Bombay Cinema Regulation Act, 1963 for two months.The movie released in other states on Friday.Khan's advocate Nagesh Mishra said the petition would come up for hearing on Monday.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072759&ch=11/15/2008%208:58:00%20PM



MP HC rejects plea against nomination rejectionhttp://www.indlawnews.com/Newsdisplay.aspx?80bd9c6a-f7a5-4f43-830a-17c2804fabd7
11/15/2008
The Madhya Pradesh High Court has upheld Returning Officer J S Dhurve’s order rejecting the nomination of Raisen district’s Silwani Congress nominee and former minister Jaswant Singh for not filing the B Form in stipulated time for the Assembly elections. Rejecting a writ petition filed by Mr Singh challenging the RO’s order, High Court Judge Prakash Shrivastav declined to intervene in the process of rejecting the nomination and said the petitioner could file an election petition to ascertain the legality of rejecting the nomination.Petitioner’s counsel Naman Nagrath told the High Court that Mr Singh had filed the B Form in stipulated time.Election office sources had earlier stated that Mr Singh attracted disqualification to contest as Congress nominee or as independent as neither the B Form was filed in stipulated time on November 7 nor his nomination was proposed by adequate number of voters.UNI
http://www.indlawnews.com/Newsdisplay.aspx?80bd9c6a-f7a5-4f43-830a-17c2804fabd7



Sensitisation of officials must to curb human trafficking: CJI
http://www.ptinews.com/pti/ptisite.nsf/0/2F32D54F3413C6D76525750200321084?OpenDocument
New Delhi, Nov 15 (PTI) The fight against Human trafficking crimes would require sensitisation of law enforcement officials and other stakeholders, the Chief Justice of India K G Balakrishnan said today, pressing for an intensified action to curb the social menace."We need sensitive police officers, prosecutors and magistracy," he said, adding that it was the only way of improving the quality of justice delivery in such crimes starting from registration of cases to investigation and to the delivery of justice in such cases."We have a lot of talented people and we just need to increase the creed of fine prosecutors and judicial officers," he said, inaugurating a colloquium on Justice Delivery in Human Trafficking Crimes here.Linking the social problem with attempts to give it a colour of religion in some states, the Chief Justice said "It is not merely an economic problem but is also associated with superstition...People need to be made aware of the problem and we, through NALSA, are trying to sensitise people on their rights." Trafficking is a complicated problem and it requires a co-ordinated and interdisciplinary response. "It touches on the domains of human rights protection and gender justice while posing some difficult problems for law-enforcement officials," the CJI said.Releasing a resource book on the Legal Framework for Anti-Human Trafficking measures, Chief Justice Balakrishnan said "This book is meant for use by law enforcement officials and other stakeholders with the aim of sensitising them about effective role that they can play." PTI
http://www.ptinews.com/pti/ptisite.nsf/0/2F32D54F3413C6D76525750200321084?OpenDocument



CJI stresses urgency to curb human trafficking
http://www.indlawnews.com/Newsdisplay.aspx?fd25e669-c07c-49b7-85d6-141a0f5236df
11/15/2008
Chief Justice of India K G Balakrishnan stressed intensified action to curb human trafficking-- especially of children and women-- for sexual, labour or organ exploitation.Every year, ‘Justice Balakrishnan noted at a meet of law and enforcement professionals and experts ‘millions of individuals are trafficked all over the world and... coerced into living conditions that amount to slavery, forced labour and servitude.’ ‘There is of course an urgent need for intensified action to curb this menace,’ the Chief Justice emphasised.The event was a Colloquium on Justice Delivery in Human Trafficking Crimes for Judicial Officers, Prosecutors and Police Officers co-organised by India’s National Legal Services Authority and the United Nations Office on Drugs and Crime.‘Trafficking in persons is a multi-dimensional form of exploitation,’ a sponsor statement said. ‘It makes human beings objects of financial transactions.’ Thousands of Indians have been disappearing year after year, speakers said as they shed some light on how such missing persons end up in brothels, forced labour, begging or as unwitting organ donors.‘The exploitation may be for many reasons - prostitution, other sexual exploitation, forced labour, begging, forced marriages, adoption (or) transplantation of human organs,’ the disappearances often follow ‘use of force, duress or deception.’ Justice Balakrishnan released a Resource Book on the Legal Framework on Anti-Human Trafficking which collates legal provisions relating to domestic and cross-border trafficking.The Book projects trafficking as an organised crime and takes a look at scores of Indian laws-- from Penal Code to Immoral Traffic and Juvenile Justice-- which could help tackle the problem.It works with numerous laws such as the Citizenship Act 1955, Foreigner’s Act 1946, Indian Passport (Entry Into India) Act 1920, Religious Institutions (Prevention of Misuse) Act 1988, Child Labour (Prohibition and Regulation) Act 1986 Bonded Labour System (Abolition) Act 1976, and Transplantation of Human Organs Act 1994.UNI
http://www.indlawnews.com/Newsdisplay.aspx?fd25e669-c07c-49b7-85d6-141a0f5236df



Impeach judge back in office
http://www.telegraphindia.com/1081116/jsp/nation/story_10117849.jsp
OUR BUREAU
Calcutta/New Delhi, Nov. 15: Calcutta High Court judge Soumitra Sen, who was asked to go on leave following a case of financial misconduct, rejoined yesterday.
Chief Justice S.S. Nijjar didn’t give him permission to hear cases but asked Sen to look after administrative affairs of the court. He has also been provided a chamber.
The move came two months after law minister H.R. Bhardwaj said the Chief Justice of India (CJI) had recommended impeachment proceedings against Sen, who is accused of depositing Rs 32 lakh he had got as court receiver in his personal account.
A three-judge committee of the Supreme Court had found Sen guilty of financial misconduct but the judge had refused to resign or take voluntary retirement.
Home Secretary Madhukar Gupta, who is also secretary in the justice department, would neither confirm nor deny whether Sen had rejoined. “At this point of time, I cannot say anything,” Gupta said.
The case dates back to 1993 when Sen, a Calcutta High Court advocate at that time, was asked to act as court receiver in a legal dispute. Sen put the money — Rs 32 lakh — in his personal bank account and retained it despite being made a high court judge in 2003.
After the case was settled in 2005, the court ordered Sen to return Rs 57 lakh, the amount the initial deposit would have grown over the years. But Sen, who had invested the amount in chit funds, could not, as he did not have the money at that time. The high court then asked Sen to go on leave.
His mother later returned the money.
On August 4, the CJI wrote to the Prime Minister recommending Sen’s impeachment.
Under the Constitution, an impeachment motion can be introduced in Parliament either by 100 Lok Sabha MPs or 50 Rajya Sabha MPs. It is then referred to the Speaker or the chairman, who sets up a three-member inquiry committee before which the judge can defend himself.
If the committee recommends his removal, it has to be vetted by a double majority in the House in which the motion was introduced — majority of the total membership and two-thirds majority of members present and voting.
The same process would then have to be done in the other House. If the motion is passed, the judge stands removed.
The law ministry, however, feels that impeachment proceedings cannot be initiated against Sen as the impropriety related to his conduct as a lawyer before he was elevated as a high court judge. The Prime Minister usually acts on the issue according to the advice of the law ministry.
But in such cases the CJI, said lawyer Prashant Bhushan, could withdraw judicial work from the judge. The judge concerned may, however, be allotted non-judicial work to utilise his services, the lawyer added.
http://www.telegraphindia.com/1081116/jsp/nation/story_10117849.jsp




Facing Race 2008: Reproductive Justice in Action
http://www.feministing.com/archives/012224.html
What is reproductive justice and why is there a session at Facing Race on it? According to EMERJ, "Reproductive Justice exists when all people have the economic, social and political power and resources to make healthy decisions about our gender, bodies, and sexuality for ourselves, our families and our communities."
This panel includes some seriously bad-ass women, Rocio Cordoba and Gabriela Valle from California Latina for Reproductive Justice and Marie Nakae from Asian Communities for Reproductive Justice. are talking about the difference between a movement that is focused on choice verses one that has a justice agenda. A justice agenda takes into account the greater conditions that serve as barriers to women's control of their own bodies, sexuality and health.
Maria Nakae is talking about nail salon workers and the chemicals they are exposed to. Apparently, 11% of chemicals in beauty products are actually tested so it is a great risk to these women that are exposed to them at high rates. Furthermore, exposure to these chemicals has reproductive health hazards. To learn more about their organizing work with nail salon workers check the project POLISH.
Posted by Samhita - November 15, 2008, at 03:26PM
http://www.feministing.com/archives/012224.html





Law college students target BSP leader
http://www.hindu.com/2008/11/16/stories/2008111650200100.htm
S. Vijay Kumar
CHENNAI: A group of students of the Dr. Ambedkar Government Law College on Saturday attempted to attack a Bahujan Samaj Party functionary near the General Hospital. Police personnel stationed there intervened and escorted him to safety.
BSP leader Rajappa of Pallavaram was on his way to see a friend admitted to the hospital, when the students, seeing the party flag on his vehicle, surrounded him. The police team sensed trouble and acted fast.
Irked by the police providing security to the BSP leader, the students staged a road blockade in front of the hospital and stoned a Metropolitan Transport Corporation bus. Two passengers were injured. Traffic was disrupted for a while. Twenty-three students were arrested. They were released in the evening.
“The police acted in time to rescue Mr. Rajappa from a possible attack. The students were taken into custody for blocking traffic and damaging a State-owned bus,” Commissioner of Police K. Radhakrishnan told The Hindu.A team of the National Commission for Scheduled Castes, led by Director (Economic and Social Development Wing) V.K. Rathi, arrived here from New Delhi on Saturday. The team went to Government Royapettah Hospital and recorded a statement from Chithirai Selvan, a Dalit student injured in the recent clash between students, police sources said.
BSP State secretary Selva Perunthagai and others representing the Federation of Dalit Organisations met the Commissioner of Police and submitted a petition, seeking a fair investigation into Wednesday’s clash. They said a group of Caste Hindu students had attacked Dalit students, who objected to the printing of provocative handbills, on the college campus. They demanded registration of a case under the SC/ST Prevention of Atrocities Act, 1989, against those who attacked the Dalit students.
The special teams formed to round up those involved in the clash arrested R. Raja (18) at Kurunjipadi in Cuddalore district and C. Sivakadiravan (23) in Madurai and Premnath (20) in Thanjavur. They had allegedly attacked some students during the clash.
http://www.hindu.com/2008/11/16/stories/2008111650200100.htm




Show-cause to City Corpn Commissioner
http://www.expressbuzz.com/edition/story.aspx?Title=Show-cause+to+City+Corpn+Commissioner&artid=/8bBTUZE8do=&SectionID=vBlkz7JCFvA=&MainSectionID=fyV9T2jIa4A=&SectionName=EL7znOtxBM3qzgMyXZKtxw==&SEO=
Express News Service
First Published : 15 Nov 2008 06:28:00 AM IST
Last Updated : 15 Nov 2008 10:58:55 AM IST
CHENNAI: The Madras High Court has issued notices asking the Chennai Corporation Commissioner and the Alandur Municipality commissioner to explain why contempt proceedings should not be initiated against them for violating the court’s orders directing them to ensure that no garbage dumped on the marshland in Pallikaranai was burnt.
When the arguments on the public interest writ petition from California Software Company Limited commenced again before the First Bench comprising Chief Justice AK Ganguly and Justice FM Ibrahim Kalifulla today, petitioner produced photographs and video clippings showing burning of garbages and huge smoke emanating from them.
Granting three weeks time to the officials to submit their explanation, the bench said that suo-motu contempt proceedings would be initiated against them after four weeks, if it was not satisfied with the reply.
PHONE TAPPING
The Madras High Court has ordered notice on a writ petition seeking to restrain the government from permitting any private agencies to tap telephones of citizens and to constitute a committee comprising eminent social scientists and technocrats to be a watchdog in the matter of phone tapping.
The First Bench comprising Chief Justice AK Ganguly and Justice FM Ibrahim Kalifulla ordered notice to the respondents, returnable by four weeks.
In his public interest writ petition, advocate P Pugalendhi submitted that D3D Technologies Private Limited in Kottivakkam, in its website had claimed that a number of reputed government law enforcement agencies are its clients. All of them universally accredited its technological innovations, quality, timely delivery and post sale product support.
Under the clients column, the company had given a number of governmental organisations, including the police department of the State and the Centre. And all this made it clear that the State government was utilising the services of the company.
The petitioner contended that the powers to tape a telephone could be exercised only in the interest of the sovereignty and integrity of the nation and the security of the State or in the interest of public order. Such power could never be allowed to be exercised by a private agency.
http://www.expressbuzz.com/edition/story.aspx?Title=Show-cause+to+City+Corpn+Commissioner&artid=/8bBTUZE8do=&SectionID=vBlkz7JCFvA=&MainSectionID=fyV9T2jIa4A=&SectionName=EL7znOtxBM3qzgMyXZKtxw==&SEO=



Madras HC: Notice to TN Govt on phone tapping
http://www.indlawnews.com/Newsdisplay.aspx?263bbbe2-99c7-4141-96c0-4566939442ef
11/15/2008
The Madras High Court issued notice to the Tamil Nadu Government on a Public Interest Litigation (PIL) on November 13, seeking to restrain it from permitting any private agencies including D3D Technologies Private Limited, to do telephone tapping of citizens on behalf of the State.A division bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifullah, posted after three weeks, further hearing of the PIL filed by advocate.P Pugalendi also sought to ensure that the norms prescribed by the Supreme Court with regard to telephone tapping were scrupulously followed.According to the petitioner, D3D technologies in its company profile, stated that a number of reputed government law enforcement agencies were its clients. All of them have universally accredited its technological innovations, quality, timely delivery and post sale product support. Under the column, clients, the company had given a number of governmental organisations, state and central, including the Police Department in the State.When the powers to tap the telephone could be exercised only in the interest of sovereignty and integrity of India and security of the state or in the interest of public order, a private agency can never be allowed to exercise such a power, the petitioner contended.UNI
http://www.indlawnews.com/Newsdisplay.aspx?263bbbe2-99c7-4141-96c0-4566939442ef



Reprieve for police driver from paying accident damages
http://timesofindia.indiatimes.com/Chennai/Reprieve_for_police_driver_from_paying_accident_damages/articleshow/3718431.cms
16 Nov 2008, 0422 hrs IST, A Subramani, TNN
CHENNAI: Is a government driver liable to pay compensation from his salary for an accident he caused? No, ordered the Madras High Court
, if no negligence is proved against him. Justice N Paul Vasanthakumar passed the order on a writ petition filed by a police van driver who was involved in an accident. A Motor Accident Claims Tribunal awarded a compensation of Rs 1.81 lakh to the claimants which the director-general of police sought to recover from the salary of the driver. The DGP used a 1998 Government Order to recover the compensation amount. The court held the recovery order as unsustainable. In 2001, Grade-I police constable V Adhimoolam’s police van ploughed into bystanders when he braked suddenly to avoid an accident. The Mangalamedu police had initially registered a case on charges of rash driving and endangering the lives of others. It was later altered to causing death by negligence, an offence punishable under Section 304-A. Though Adhimoolan was exonerated by a court of criminal charges, the motor tribunal awarded Rs 1.81 lakh in damages to the claimants. Between April and July 2005, the police department issued him three notices proposing to recover the amount from his salary. But his counsel, G Bala, argued in the HC that the 1988 GO allowed token recovery only if the driver was guilty of rash and negligent driving. As the accident happened while discharging his official duty, the department too was vicariously liable, his counsel told the court. Agreeing with these submissions, Justice Paul Vasanthakumar said Adhimoolam was not a party before the Motor Accident Claims Tribunal, and that he was exonerated by a criminal court. So “The recovery order of the director-general of police is unsustainable, and the 1988 GO on recovery will not help the authorities as no negligence is proved against Adhimoolam,” the court said.
http://timesofindia.indiatimes.com/Chennai/Reprieve_for_police_driver_from_paying_accident_damages/articleshow/3718431.cms




Priority to pending cases: Karpaga Vinayagam
http://www.hindu.com/2008/11/16/stories/2008111656621000.htm
Legal Correspondent
Assumes office as tribunal chairperson
New Delhi: Justice M. Karpaga Vinayagam (62), who on Friday assumed office as chairperson of the Appellate Tribunal for Electricity, New Delhi, said his priority would be to dispose of pending matters expeditiously.
Since it was set up in 2005, as many as 1,407 cases had been filed before the tribunal and 1,130 disposed of, he told Hindu The here.
It was set up under the Electricity Act of 2003 to hear appeals, review/revision/execution petitions, interim applications, etc, against the tariff and other orders of the 24 Regulatory/Joint Commissions, including the Central Electricity Regulatory Commission.
“The jurisdiction of the tribunal extends to the whole of India, except Jammu and Kashmir. Further, the jurisdiction is extended to hear appeals arising from the order or decision of the Petroleum and Natural Gas Regulatory Board.” Appeal will lie in the Supreme Court against the tribunal orders.
“Rules cannot curb violence”
Asked about the violent incidents in the Dr. Ambedkar Government Law College in Chennai, Justice Karpaga Vinayagam said: “These things cannot be controlled by rules and regulations. I can only say that students should be more responsible and disciplined. Both parents and teachers have a greater role to play in preventing such incidents.”
http://www.hindu.com/2008/11/16/stories/2008111656621000.htm