LEGAL NEWS 21.11.2008

How To Discipline Judges
http://timesofindia.indiatimes.com/Opinion/Editorial/TOP_ARTICLE__How_To_Discipline_Judges/articleshow/3737669.cms
21 Nov 2008, 0017 hrs IST, SUBHASH C KASHYAP
The Union cabinet is reported to have decided to introduce a new version of the Judges (Inquiry) Amendment Bill. The 2008 Bill is believed to
provide for establishing a National Judicial Council to inquire into allegations of "misbehaviour" or "incapacity" the two grounds laid down for the removal of a judge of the Supreme Court or a high court. Action for initiating impeachment proceedings against a judge is being talked about and questions are being asked in regard to the provisions and procedures. Actually, the first thing to be remembered is that despite the widespread myth and use of the term in the media and elsewhere, there is no provision in the Indian Constitution for 'impeachment' of a judge of the Supreme Court or a high court. 'Impeachment' proceedings are provided for only in the case of the president of India and for none else. Also, there is a fundamental difference between removal procedure and impeachment procedure and between the impact of the adoption of a motion for impeachment and the passing of a motion for presenting an address to the president seeking orders for the removal of a judge. The grounds for the impeachment of the president have to concern "violation of the Constitution" while an address for removal of a judge has to be on the ground of "misbehaviour or incapacity". In case of impeachment, the moment the motion is passed by the two Houses, the president ceases to be president. But in case of the motion for removal, it is for the president to consider issuing necessary orders. Article 124 of the Constitution in effect provides that a Supreme Court judge can be removed from his office by a presidential order passed after an address by each House of Parliament supported by a majority of not less than two-thirds of the members of the House present and voting is presented to the president in the same session for such removal on the ground of proved misbehaviour or incapacity. Article 124(5) specifically lays down that Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity. In pursuance of Article 124 (5), Parliament passed the Judges (Inquiry) Act, 1968. The Judges (Inquiry) Rules, 1969 lay down the details of procedure for investigation and inquiry into the allegations against a judge. If not less than 100 members of Lok Sabha or 50 members of Rajya Sabha give notice of a motion for the removal of a judge on grounds of some definite allegations of misbehaviour or incapacity, the Speaker/chairman of Lok Sabha/Rajya Sabha, would decide the admissibility of the motion and if the motion is admitted, a committee would be appointed for holding the necessary investigations. The judge concerned would be provided with reasonable opportunity for defence. If the committee found the judge not guilty of "any misbehaviour", and not suffering from "any incapacity", then the whole matter would be dropped forthwith. If, however, a verdict of guilty of misbehaviour or of incapacity was returned by the committee, the House would proceed to consider the motion. If the motion was passed by majority of the total membership of each House and more than two-thirds of those present and voting in either case, misbehaviour or incapacity of the judge shall be deemed to have been proved and an address shall be presented to the president during the same session of Parliament for the removal of the judge. History of sorts was perhaps made on May 10, 1993. It was the last day of the last session of the ninth Lok Sabha when for the first time ever a sitting judge of the highest court of the land, Justice V Ramaswami, was arraigned for trial before the Lok Sabha on charges of misuse of funds for purchase of 25 silver maces for brother judges and furniture, furnishings, carpets and electrical appliances, including air conditioners, in excess of the permissible limit of Rs 38,500, use of the staff car for private trips and paying from the public exchequer heavy telephone bills without separating private calls. Speaker Rabi Ray admitted the motion and announced a three-member committee. Soon after the announcement, the House was adjourned in the midst of grave disorder. The three-member committee found that certain charges in regard to misuse of funds stood established. Even through the committee held Justice Ramaswami guilty of misconduct, when the matter came up before the Lok Sabha, the motion for presenting an address to the President for his removal was lost for want of the requisite number of votes. It was said that the matter had become highly politicised. The Congress members absented themselves from voting. Justice Ramaswami retired only on his normal scheduled date of retirement on February 15, 1994. It is to be seen whether investigation and inquiry by the now proposed National Judicial Council composed of only persons from the judiciary will prove to be an improvement over the existing procedure of investigation and inquiry by an ad hoc committee appointed by the Lok Sabha or Rajya Sabha. The writer is former secretary-general of the Lok Sabha.



HC stays court martial proceedings against retired Lt-Gen Sahni
http://timesofindia.indiatimes.com/India/HC_stays_court_martial_proceedings_against_retired_Lt-Gen_Sahni/articleshow/3741952.cms
21 Nov 2008, 1902 hrs IST, PTI
NEW DELHI: The Delhi High Court has stayed the initiation of court martial proceedings against retired Lt Gen S K Sahni for alleged corruption during procurement of food items for troops fighting insurgency in J&K four years ago. The interim order was passed hours after the Army decided to initiate court martial proceedings against Sahni. "We direct that there shall be no court martial proceedings convened in the meantime," a Bench headed by Justice A K Sikri said giving relief to the retired army officer, who approached the High Court after General Officer Commanding in Chief issued summons to him for November 26. The Bench said Sahni would not have to report for the General Court Martial (GCM) proceedings at Jalandhar. The Army decided to initiate GCM against Sahni, who retired in 2006 as the army's Director General (Supply and Transport) on corruption charges for allegedly procuring poor quality food items for troops in 2004. Lt Gen (retd) S K Sahni was the seniormost army officer, serving or retired, to face such disciplinary proceedings under the Army Act. Army law provides disciplinary proceedings against its officers up to three years of retirement.




Four-year-old girl freed after 50 days in jail
http://timesofindia.indiatimes.com/India/Four-year-old_girl_freed_after_50_days_in_jail/articleshow/3740544.cms
21 Nov 2008, 1254 hrs IST, IANS
BHUBANESWAR: A four-year-old girl who languished for about 50 days in an Orissa jail was freed on Friday, jail officials said. Her father and grandparents had been charged with her mother's death and kept in jail, so she had nowhere else to go. Kandhai Sahoo was lodged in the sub jail at Pattamundai in Kendrapada district, some 150 km from here, along with her father Trilochan, grandfather Haladhar and grandmother Sabitri on Oct 1. According to the police, the girl's mother Sulochana, 25, died in a fire at her village Bachhara Sep 29. Police arrested Trilochan and his parents after Sulochana's mother Sebati Prusti lodged a complaint that her daughter was allegedly murdered by her husband and in-laws. Police arrested Trilochan and his parents from their house and produced them in the court where the magistrate rejected their bail applications and remanded them in judicial custody. As Kandhai was left alone in the house after the arrest of her father and grandparents, the police also lodged her in the same jail. The movement of the minor girl was restricted in the jail and like other inmates she used to eat the food given to other prisoners and sleep on the ground. "She was spending most of her time with her grandmother," jail official Chinmaya Patra said. The girl was handed over to Sebati Prusti, her maternal grandmother, Friday morning on the basis of a court direction, Patra said.




3 sent to jail in milk tragedy case
http://timesofindia.indiatimes.com/India/3_sent_to_jail_in_milk_tragedy_case/articleshow/3738213.cms
21 Nov 2008, 0139 hrs IST, Sonali Das, TNN
RANCHI: Three suspects of the milk tragedy which claimed lives of five tribal students of a Bedo residential school near Ranchi last week were forwarded to judicial custody on Thursday. Pratima Devi, who had been supplying milk to the school for the last three years, and cooks -- Soma Oraon and Laxman Nayak -- were picked up by police for interrogation on November 13. A week later, they were sent to jail after being produced before the chief judicial magistrate, Ranchi. "We could not extract any concrete information from the trio,'' Bedo police station officer-in-charge Shiv Chandra Singh said, adding the cooks said they had little to do with the boiling of the milk as it was the responsibility of the students. Pratima was not named in the FIR which was filed in the Bedo police station soon after the incident. "But she has been charged with conspiracy under Sections 328, 304 and 120B of IPC,'' Singh said. However, the tribal welfare department's probe team, headed by department commissioner Sunil Kumar Barnwal, has in its preliminary findings noted that the poison was mixed in the milk after it reached the school. The milk did not contain any toxic substance till 11 am since those who consumed it by then were perfectly fit. The same milk, served five hours later, made the children sick and five of them died. Barnwal has also specified "poison'' as the killing agent. "It was difficult to specify the type of poison as the toxicology analysis as well as the autopsy reports are yet to come,'' Barnwal told TOI. Ranchi SP M S Bhatia said the viscera of the bodies have been preserved.



Sena member files PIL against ATS
http://timesofindia.indiatimes.com/India/Sena_member_files_PIL_against_ATS/articleshow/3738210.cms
21 Nov 2008, 0135 hrs IST, Swati Deshpande, TNN
MUMBAI: A Shiv Sena member has filed a public interest litigation before the Bombay High Court, seeking action against the Maharashtra Anti-Terrorist Squad for the alleged ill-treatment meted out to Pragya Singh Thakur, the fiesty sadhvi who was arrested for her alledged role in Malegaon blast case. The Sena member has also demanded a judicial probe into the ATS role and a transfer of the investigation into the Malegaon blast to the state CID. Shilpa Deshmukh, secretary of Bharatiya Vidhyarthi Sena, alleged that the ATS is the "most untrustworthy unit'' in the state police department because it made "false allegations'' against the sadhvi and Lt-Col Shrikant Prasad Purohit, the first serving Army officer to be accused in a terror case. Deshmukh said her arguements were based on media coverage of the blast probe. The Sena worker claims to have in possession an affidavit filed by the sadhvi in the Nashik court, accusing ATS of torturing her in custody. Deshmukh's petition says the narco analysis conducted on stamp paper scam kingpin Telgi had disclosed names of many political leaders but the state government "chose to ignore the same for reasons best known to them''. "This is an example of giving unequal treatment to the results of the narco analysis tests,'' she alleged. Citing Maharashtra home minister R R Patil's claim of having "strong evidence'' against the sadhvi, the petition says Patil is "not the investigating officer''. The PIL has made the state government, the DGP and ATS chief Hemant Karkare as respondents, alleging "the investigation into the Malegaon blast by ATS is nothing but abuse of powers against a woman Hindu sanyasi''.





Centre asks states to ensure evidence not destroyed at blast sites
http://timesofindia.indiatimes.com/India/Centre_asks_states_to_ensure_evidence_not_destroyed_at_blast_sites/articleshow/3738099.cms
20 Nov 2008, 2145 hrs IST, TNN
NEW DELHI: Concerned over frequent incidents of destruction of evidence at blast sites -- particularly at Mehrauli in the Capital where residents had not only removed debris from the spot but also washed blood stains -- the Centre has directed all states and Union Territories to preserve crime scenes till forensic evidence
is collected. Though there are guidelines to protect blast sites/crime scenes, the National Security Guard (NSG) -- which always sends its forensic experts to the sites to examine the nature of explosives -- has observed that local police hardly adhere to it, making the task of the central agency difficult in collecting evidence. Taking note of such concerns, home secretary Madhukar Gupta asked states and UTs earlier this week to strictly adhere to guidelines following bomb blasts in order to preserve evidence. Gupta's communication reminded states of the need to effectively secure crime scenes/blast sites by putting up barricades and deploying adequate number of police personnel to ensure that vital forensic evidence was not damaged. The communique also asked states to ensure that no unauthorised person was allowed to come near the blast sites. The home ministry also highlighted the fact that in February, it had advised the states on action to be taken when unexploded IEDs were recovered. Referring to Mehrauli blast in which Delhi Police continues to grope in the dark in absence of evidence, a senior NSG official said local residents had badly damaged the blast site by removing debris even before bomb experts from the central agency visited the spot. "It makes the task of experts tough, not only in blast cases but also in other crimes like the Aarushi murder case which continues to puzzle investigators as the local police allowed visitors and mediapersons to damage forensic evidence," the official said. In another communique, the Centre asked states not to make any premature disclosure about probe of incidents like bomb blasts as it would affect investigations as well as prosecution of guilty. The home ministry said such premature disclosures amounted to pronouncement of judgment even before the probe was over.



Husband needs to reimburse medical expenses, rules SC
http://timesofindia.indiatimes.com/India/Husband_needs_to_reimburse_medical_expenses_rules_SC/articleshow/3738032.cms
21 Nov 2008, 0030 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: Cost of estrangement continues to mount for husbands -- who are mandated by law to pay the wife maintenance -- with the Supreme Court churning out judgments giving a very expansive meaning to the word `maintenance'. Soon after its ruling that maintenance for estranged wife included a house at par with the one in which the husband lived, the court has now said that he also has to reimburse her medical expenses. These two rulings will surely make men think twice before seeking separation from wives, especially after the SC had made registration of marriages mandatory under Special Marriage Act, 1954, for all couples irrespective of their religion. The recent judgment came on a petition filed by one Rajesh Burman, who had married Mithul Chatterjee on January 26, 2000, in Kolkata. The couple started living in Mumbai from February 25, 2001. But differences arose between the two within months. It led to a scuffle on June 16, 2001, in which Mithul got injured. She filed a petition in an Alipore court seeking dissolution of marriage as well as reimbursement of the money spent by her father in the treatment of her injuries, which required two surgeries. The husband had moved the apex court challenging an order of the Calcutta High Court, which had upheld the trial court decision asking him to reimburse the medical expenses. The husband resisted it, saying he was already paying maintenance to her. Dismissing his appeal, the apex court said, "Under the Act, it is clear that a wife is entitled to maintenance and support." Expanding the meaning of the two terms -- `maintenance' and `support' -- a Bench comprising Justices C K Thakker and D K Jain, in a judgment earlier this month, agreed with the estranged wife's counsel to say that they included her medical expenses, which was a little over Rs 2 lakh. "The terms are very wide so as to include medical expenses and both the courts were right in granting medical reimbursement," the Bench said. "We see no infirmity in the decision or reasoning of the courts below which calls for our interference in exercise of discretionary and equitable jurisdiction under Article 136 of the Constitution. The appeal in our view has no substance and must be dismissed," it said. When the husband, after losing the case, pleaded for permission to reimburse her medical expenses in instalments, the apex court agreed and asked him to pay the total sum by December 31, 2008. dhananjay.mahapatra@timesgroup.com



Killed 'terrorist' Javed Shaikh had two passports
http://timesofindia.indiatimes.com/India/Killed_terrorist_Javed_Shaikh_had_two_passports/articleshow/3737991.cms
21 Nov 2008, 0000 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: Branded as trigger happy by activists after killing of Sohrabuddin Shaikh in a fake encounter closely followed by a Kerala man's allegation that his son, who had converted to Islam, was also killed in the same fashion, the Gujarat police told the Supreme Court that it had impeccable evidence to nail the latter in terror activities. It was responding to the SC's notice on a petition filed by M R Gopinath Pillai of Alappuzha district who had alleged that his son Pranesh Kumar aka Javed Shaikh was killed in a fake encounter in 2004. Just because the apex court was seized of the fake encounter killing of Sohrabuddin, it did not mean all incidents were fake, the Gujarat police said in its affidavit before the SC. It claimed having definite evidence to link Javed, along with the three others killed in the encounter, to the plot to kill chief minister Narendra Modi. Narrating the sequence of events, intelligence inputs and sophisticated weapons seized from the killed militants including Javed, the police said he was in close touch with Lashker-e-Toiba and had met its chief coordinator Muzzamil in Oman in March-April, 2004. It said the father's allegation of fake encounter stemmed from his ignorance of his son's activities and that Javed was leading a dual identity, having valid passports both in the name of Pranesh Kumar Pillai as well as Javed Shaikh. "Javed left for Oman on March 29, 2004 and returned to India on April 11, 2004 and undertook his journey with the passport in his Hindu name of Pranesh Kumar. The fact that Javed, who had not been staying in Kerala for the last 20 years, got a passport issued in his Hindu name shows that he had ulterior motives," the police said. Interestingly, he came back from Oman with Rs 2.4 lakh and a Thuraya satellite phone, even when there was no service provider in India for such phones, the police said, adding it was procured to contact persons in India and abroad without leaving any local trail for probe agencies. It also gave details to the SC of his movements along with Ishrat Jahan and how they stayed at various hotels in different cities under false names while being in touch with a Pakistani terrorist, Amjad Akbar Ali aka Salim aka Chandu. dhananjay.mahapatra@timesgroup.com



Army deserts its wives' welfare club
http://timesofindia.indiatimes.com/India/Army_deserts_its_wives_welfare_club/articleshow/3737869.cms
21 Nov 2008, 0000 hrs IST, Ajay Sura, TNN
CHANDIGARH: Caught in an RTI poser that sought information on the funding of Army Wives' Welfare Association (AWWA), the Army in a shocking reply to the Central Information Commission (CIC) has instead disowned it. Offices of AWWA are scattered across Army cantonments in India and its headquarters is in South Block, Delhi like the Army headquarters. It is, on the face of it, a registered society under the Societies Registration

Act, 1860. Giving a new twist to the ongoing debate over functioning and funding of AWWA, the Army has in a five-page reply, filed on behalf of the chief of staff, Western Command, said it has nothing to do with funds for the association either. The reply, a copy of which is with TOI, is to be submitted before the CIC next Monday (November 24). It comes over a year after the Army declined to provide information on where money for AWWA came from, taking recourse in the plea that as the body was not funded by the government it did not fall under the RTI purview. In fact, the Army has gone on to plead with Major (retd) Guneet Chaudhary to withdraw the petition since "he too has donned the Olive Green and he is well aware of the yeoman's service done by AWWA for jawans. We leave it to his wisdom and discretion whether he should continue to insist on or persist with the issue which was closer to his heart at one point of time and in any case is a non-issue when it comes to questioning it. He may seek to withdraw his appeal and put a full stop on the issue''. In the RTI application, Chaudhary had sought information from Western Command about the legal status of AWWA, source of funding, organizational structure, number of officers and other ranks attached with it, reason for giving office space in the high security zones of western command headquarters, grants given to widows and orphaned children of Army in the last five years and the AWWA president using Army aircraft and Army vehicles. "As regards funding, we reiterate with all emphasis that Western Command (or Army) does not fund AWWA in any manner,'' states the reply even as documents procured by TOI on Wednesday revealed that AWWA was funded by a total of 18 HQ brigades in 2004 and by 16 HQ brigades and divisions in 2007. Record reveals that all AWWA offices are run with the financial assistance from various units. Even the officer in-charge of the schools run by AWWA are serving Army officers of the rank of Lt. Col. An interestingly point: If the Army doesn't pump in money for AWWA, it's a miracle who runs the sprawling network as there is no subscription fee for membership. Moreover, all vehicles used by AWWA in their day-to-day functioning belong to the Army and the wives' association even finds a mention in the Army's official website. The matter will be finally heard by the commission on November 24.



Life sentence to 21 CPM workers in murder case
http://timesofindia.indiatimes.com/India/Life_sentence_to_21_CPM_workers_in_murder_case/articleshow/3736271.cms
20 Nov 2008, 1302 hrs IST, PTI
HOOGHLY: As many as 21 workers of CPM have been sentenced to life term by a local court here in a two-year-old case of murder of their party leader. The additional district and sessions judge of Arambagh's first track court, Goutam Sengupta, on Wednesday sentenced 21 party workers including, local leader Sk Asgar Ali, for killing Jahur Ali, a CPM peasant leader on May 25, 2006. The court has also imposed a fine of Rs 25,000 on each of them. According to prosecution, Jahur Ali of Bulundi village was killed by the 21 CPM men, led by Sk Asgar Ali, while he was returning home from mosque.



Orissa man gets 7 years RI for raping girl
http://timesofindia.indiatimes.com/India/Orissa_man_gets_7_years_RI_for_raping_girl/articleshow/3736142.cms
20 Nov 2008, 1241 hrs IST, PTI
ROURKELA: A local court on Thursday sentenced a man to 7 years rigorous imprisonment and a fine of Rs 10,000 for kidnapping and raping one of his relatives. The additional chief judicial magistrate, Panposh, Amar Kumar Das in his order today said the man would undergo three months additional jail term if he defaulted in paying the fine. The man, a daily wage earner at a factory at Birmitrapur had kidnapped the girl who was his distant relative and raped her in the house of a relative on December 12, 2007. The girl was rescued by the police and the man arrested the next day.



Justice to go mobile in Karnataka
http://timesofindia.indiatimes.com/India/Justice_to_go_mobile_in_Karnataka/articleshow/3735525.cms
20 Nov 2008, 1036 hrs IST, IANS
BANGALORE: Karnataka is all set to take justice and legal literacy to the doorsteps of its people across the state, particularly to the poor as they cannot pay for the expensive and time-consuming court battles. A specially designed bus will serve as a court room to conduct the lok adalat (people's court). Lok adalat is a mechanism for speedy settlement of disputes through conciliation, compromise or arbitration. It is not a substitute to the courts but supplements their function. For the financially weak, it is a relief as they need not pay any court or lawyer's fees for the lok adalats to take up their case. Chief Justice of India K.G. Balakrishnan will launch the 'justice on wheels' service on Saturday. "Delivering social justice to one and all is our duty, and poor people from rural areas have either no access to legal aid or are not aware about its existence. Thus, the mobile justice van will be a tool for the poor people of Karnataka to get access to justice," Karnataka High Court judge and Executive Chairman of the Karnataka State Legal Services Authority (KSLSA) V. Gopala Gowda said. Christened Mobile Lok Adalat and Legal Literacy Chariot, the bus has been designed like a mini court room, Gowda said. The mobile lok adalat will have a judicial official and a conciliator. The 'court room' has enough space to seat the litigants and their advocates, Gowda said. "Along with solving small and petty cases, the mobile court will help in spreading legal awareness among the masses," he said. The launch of the service coincides with the opening of a two-day regional conference of southern states on "Initiative on Supporting the National Rural Employment Guarantee Scheme Through State Legal Services Authorities" by Balakrishnan. Karnataka will be the second state in the country, after Haryana, to come up with the idea of spreading legal awareness and providing legal aid to the poor villagers through mobile courts. Each of Karnataka's 29 district legal services authorities will be entrusted with the responsibility of ensuring that the mobile court visits all villages under its jurisdiction. "We're hoping the initiative will help the poor and needy to get justice at their doorsteps. Poor people generally cannot afford to come to taluk (sub-division) and district courts. Our endeavour will ensure settlement of disputes of the rural people at their own home," said K.L. Manjunath, another judge of the Karnataka High Court and chairman of its legal services committee. As a part of its endeavour to ensure speedy justice, KSLSA has also set up a 24-hour legal aid clinic at the Bangalore Mediation Centre. "We've been trying all possible measures to provide legal aid and services to one and all at quickest possible time. We have succeeded in resolving and reaching settlement in several cases till date," said Gowda. "The mobile lok adalat will start functioning from Bidar (a district in north Karnataka) very soon," he added.




Money has no meaning in custody battles: SC
http://timesofindia.indiatimes.com/India/Money_has_no_meaning_in_custody_battles_SC/articleshow/3734267.cms
20 Nov 2008, 0137 hrs IST, TNN
NEW DELHI: A husband's riches cannot be cited as logical reason to get custody of a child by contrasting it with the humble economic condition of the estranged wife, SC said on Wednesday while entrusting a teacher mother the task of bringing up a minor son. The husband — Gaurav Nagpal — allegedly snatched his son almost a decade ago and since then played hide-and-seek with his wife and the courts to deny her custodial rights. This weighed heavily with a Bench comprising Justices Arijit Pasayat and G S Singhvi in asking the husband to restore the child to the wife, Sumedha Nagpal. A husband may be taking best care of the child, but could still end up losing the custody battle once the ‘welfare of the child’ scale judicially tilts towards the mother, the court ruled. "In determining the question as to who should be given custody of a minor child, the paramount consideration is the ‘welfare of the child’ and not rights of the parents under a statute," said Justice Pasayat, writing the judgment for the Bench. "Simply because the father loves his children and is not shown to be otherwise undesirable does not necessarily lead to a conclusion that the welfare of the children would be better promoted by granting their custody to him," the Bench said, adding, "Children are not mere chattels nor are they toys for their parents." The guardian court, in case of a dispute between the mother and father, was expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them, it said. Contrasting his financial affluence to the humble conditions of his estranged wife, the husband had pleaded for custody saying that he was spending a good amount of money to provide the child with excellent education. Agreeing with the husband that child's education was of paramount interest, SC said the father would do well to continue providing the educational expenses while the child remained in custody of the mother.




A N Roy gets relief till final orders in court
http://timesofindia.indiatimes.com/India/A_N_Roy_gets_relief_till_final_orders_in_court/articleshow/3733648.cms
20 Nov 2008, 0100 hrs IST, Swati Deshpande , TNN
MUMBAI: Anami Narayan Roy, whose appointment as Maharashtra DGP was challenged in court, got some more relief on Wednesday when the Bombay High Court said his position can't be disturbed till final orders were passed in the matter. A day-long argument on Wednesday by the state government through its advocate general Ravi Kadam defending the February 29, 2008, decision to appoint Roy will now be followed up next Monday with other legal heavyweights lined up in a crucial case over appointments to top police posts by the government. The thrust of Kadam's submissions was that the state had acted well within its powers. He said the Central Administrative Tribunal which last month quashed Roy's appointment order had misinterpreted the Supreme Court ruling in the Prakash Singh case which had laid down guidelines on such appointments to DGP's posts.
"CAT had selectively applied only part of the SC order and acted contrary to its spirit and followed the rule of seniority blindly,'' he said. The CAT order was in the teeth of the SC ruling which also upholds the principle of merit over seniority. One of the contenders for the post S Chakravarty had challenged Roy's appointment in CAT on the grounds that it was essentially contrary to the SC ruling, which called for seniority based selection from the top three IPS officers. Kadam explained that the SC judgment said the senior most had to be from among those empanelled by UPSC. Since such empanelment wasn't done by the commission part enforcement of the SC ruling was impossible, he stressed. Post lunch, Kadam's argument turned less legal as he took the court through a list of dates regarding an arrest, deemed suspension, suspension, quashing of arrest, as illegal and suspension orders among other legal developments, involving S S Virk, who is among the top three officers from Maharashtra cadre and who, as his counsel Aspi Chinoy was quick to point out, "had been on deputation to Punjab for 22 long years to oversee anti-terror activities.'' Though Virk has now intervened in the appeals against the CAT order, Kadam noted the state never spoke ill of Virk and neither did Virk ever complain against or challenge the state's decision over Roy's appointment. "It is only Chakravarty who has cried foul... The state had considered him for the post,'' said Kadam, adding the posts of all four DGPs were equal in rank and the state DGP was not a promotion but a "mere designation''. Iqbal Chagla, counsel for Chakravarty, is all set to argue that seniority, in fact, ought to have been followed scrupulously. And the bench of Chief Justice Swatanter Kumar and Justice Sharad Bobde which is hearing the matter too raised the question several time as to whether a officer merely because of a suspension could not be considered for the post of DGP, if otherwise he was among the top three officers. The state's stand was that Virk could not be considered because of his suspension. The bench said, "Can you show us any judgments saying that such an officer can't be considered. Is a suspended officer's right forfeited under the service rules?'' Rafiq Dada, counsel for Roy, taking over after Kadam, began by pointing out that CAT did refer to various orders in the Virk case but not to their dates which were all post Roy's appointment. "Events that take place after the appointment can't be considered by the state which did not have the luxury of waiting.'' He too said that CAT had understood the SC order all wrong. Both he and Kadam said the Bombay HC's interpretation of the SC judgment would now be very important in deciding its scope and would lay down guidelines for future appointments to the DGP's post.



Jaya sues CM for Rs 1 cr over law college remark http://www.lawyersclubindia.com/news/2008/11/jaya_sues_cm_for_rs_1_cr_over_law_college_remark.asp
Posted on : 20 November 2008 by Aravinthan Ganesan
Chennai: The AIADMK chief and former Tamil Nadu chief minister J Jayalalithaa has filed a defamation suit against chief minister M Karunanidhi.Jayalalithaa sent a legal notice to chief minister M Karunanidhi demanding Rs 1 crore in damages for his “baseless and defamatory” comments about her on the law college incident.Jayalalithaa had demanded the resignation of chief minister Karunanidhi saying he should own up the moral and legal responsibilities for the police inaction during the November 12 incident at the Dr Ambedkar Law College where students fought a pitched battle on caste lines.In response to Jayalalithaa’s resignation demand, Karunanidhi said on November 16 that such clashes might have been instigated by persons to demand his resignation. Taking umbrage at this response, Jayalalithaa’s counsel A Navaneetha Krishnan sent the notice to Karunanidhi stating that the false and baseless statement was made to tarnish Jayalalithaa.The legal notice said the law college incident shocked the conscience of people because the city police were mute spectators when a group of students armed with rods and clubs attacked another group on the college premises.The notice also said that some cases relating to the campus clash were pending before the Madras High Court and comments made on the subjudice matter amounted to “disrespect to the judicial proceedings.”The notice further said, Karunanidhi’s scandalous allegations have caused incalculable mental agony and pain to Jayalalithaa and her party members.Jayalalithaa, in the notice, also demanded “an unconditional apology in writing” from Karunanidhi.


The truth about prize chits & money circulation schemes http://www.lawyersclubindia.com/news/2008/11/the_truth_about_prize_chits_and_money_circulation_schemes.asp
Posted on : 20 November 2008 by Aravinthan Ganesan
The lure of easy money and ignorance draw the gullible into this trap time and again — I refer to prize chit schemes and money circulation schemes.In 1977, a woman in Tiruchi started a simple scheme. You pay her Rs 1,000 and, after 21 days, collect goods worth Rs 3,000. This is given from the money collected from others, hoping the chain would go on. Police ignored complaints, saying she had not cheated anyone. She had a host of admirers till she ran away with the money. R K Narayan’s novel ‘The Financial Expert’ dealt with the same theme.When the same woman reappeared in 1986 and re-started the same scheme, the Consumer Protection Council of Tamil Nadu lodged a complaint. This time, we were armed with the Prize Chits and Money Circulation Schemes (Banning) Act of 1978. We convinced the police that there was no need to find a victim and the mere running of the business was a cognisable offence. Luckily, the then police DIG had her arrested.This Act defines a money circulation scheme as any scheme by whatever name called for the making of quick or easy money or for the receipt of any money or valuable thing as the consideration for a promise to pay money on enrolment of members into the scheme.Prize chit means any transaction in which a person collects money in a lump sum or installments by way of subscription or in any other manner. In return, it gives, periodically, a specified number of prizes or refund of subscription. Several prize chit schemes run by jewellery shops come under this category. In other words, except the chits registered with Registrar of Chits and schemes run by Non-Banking Finance Companies registered with Reserve Bank of India, all are illegal.Under this Act, the penalty for promoting or conducting such schemes or prize chits or participating is imprisonment for a term up to three years. Anyone who prints, sells, distributes or advertises tickets or coupons for such schemes is punishable with imprisonment up to two years. The same applies to those in possession of such material and anyone who induces or invites any person to send any ticket or coupon. The penalty is the same for renting out premises for such schemes.Again, in 1993, the council complained against Green Glory Finance Scheme and got the promoters arrested. This scheme required a member to send demand drafts for Rs 4,000 to four people and enroll four other members who in turn would enroll another four members. As the chain grew in geometric proportions, the first member would get DDs for Rs 4,000 from the four in the first round, and for a lesser amount from 16 in the second round; in round seven, the member is expected to get Rs 45 lakh. A defamation case filed in Egmore court in Chennai against me and the magazines that carried my statement was withdrawn after the Madras high court called it a fraudulent scheme. The recent Gold Quest scheme is another variation. More than 12,000 people were duped in a Rs 300 crore scam.In another variation involving sale of products, housewives are targeted. Again, canvassing for members and receipt of easy money as the chain grows are the elements. Whichever way you look at it, it is illegal. The internet is being used increasingly for such schemes now.Two years ago, the Madurai Bench of the Madras high court declared multi-level marketing (MLM) unlawful as it attracted provisions of this Act. Such schemes must be reported to the economic wing of the police. Copies of this Act and the high court judgment on MLM can be sent if you send a self-addressed Rs 10 stamped envelope to Consumer Protection Council of Tamil Nadu, Tiruchi-18.



Call to amend Divorce Act
http://www.lawyersclubindia.com/news/2008/11/call_to_amend_divorce_act.asp
Posted on : 20 November 2008 by Aravinthan Ganesan
Chennai, Nov. 19: The Madras high court has suggested to the Union government that it bring an amendment to Section 2 of the Indian Divorce Act, which required the spouses belonging to Christianity be domiciled in India at the time of presentation of the divorce petition. Contending that if either of the spouses migrated to another country and the question of presentation of petition for dissolution of the marriage cropped up subsequently, the party, who stayed outside India, would not be able to present any petition as per law of the country.As at that stage, the other party could be considered to be domiciled in a foreign country, one Indira Rachel filed a petition to declare section 2 of the act as ultra vires. A division bench comprising justice P.K. Misra and justice A. Kulasekaran pointing out that the Act came into force in 1869 when such contingencies were not in contemplation. The provision should be interpreted to mean that the courts in India shall be entitled to entertain petition for dissolution of marriage.Where either of the parties to the marriage have domiciled in India at the time of presentation of the petition and such provision need not be construed as both the parties must be domiciled in India.“We feel to suggest that in order to avoid any further controversy, the Union ministry of law and justice may consider the question of making suitable amendment to section 2 of the Act,” the high court bench added.



PROPOSED PIL IN SUPREME COURT OF INDIA FOR SAHUKARI SYSTEM OF PRIVATE BANKERS http://www.lawyersclubindia.com/news/2008/11/proposed_pli_in_supreme_court_of_india_for_sahukari_system_of_private_bankers.asp
Posted on : 20 November 2008 by SHIVLLB BY SPDED POST 12th November, 2008 From SHIV KUMAR GUPTAGHANDHI DHAM HOUSE NO 154-F, NEAR BUS STAND JAGADHRI-135003PHONE NOS:01732-314095MOBILE NO 09810467564 To The Governor , Reserve Bank of India ,Central Office Building, Shahid Bhagar Singh Road, Mumbai -400001 THE BANKING OMBUDSMAN, Jeevan Bharti Building Tower no 17TH FLOOR 124 CANNAUGHT Circus , NEW DELHI-110001 THE Chairman, & Director –General [ Investigation & Registration}MRTPC Bikaner House , Sahajahan RoadNew delhi-110001 Subject: Formal Notice before filing the Public Interest Litigation [PLI] in the HON’BLE Supreme Court of India UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA ON 12.0-1.2009 DUE TO THE FAILURE OF ALL OF ABOVE IN THE DISCHARGE OF ENTRUSTED DUTIES OF PUBLIC INTERESTS UNDER THE ESTABLISHED/ INFORCED LAWS/REGULATIONS PERTAINING TO BANKING SECTOR OF THE LAND/COUNTRY MADE BY THE LEGISLATURE RESULTING IN THE GROSS FINANCIAL HARDSHIP TO THE NUMBERS OF USER OF HOME LOAN AND OTHER SERVICES FROM PRIVATE BANKERS DICTATING THEIR OWN ONE SIDED STANDARDS TERMS AND CONDITIONS . Dear Sirs, Being the law student of the CCS university, Meerut [UP] I have compelling reasons to file a PLI as stated above on 12.01.2009 on account of failure and non development of proper mechanism having with proper check and balances in the banking system to safeguard the interests of general public availing home loan and other banking services of the private bankers i.e. ICICI BANK & HDFC BANK . I have made a deep study and worked on whole existing banking system based on my own case of home loan from ICICI BANK and came to know of the factual position that true spirit of Government priority policy in the public interest for fulfillment of dreams of own house, has come to very serious setbacks only due to the liberal controlling policy of RBI and poor control of MRTPC over the private bankers in controlling interest rate regime/terms and conditions disfavoring the general public applicable to have their own house . All have to accept the discriminatory one side standard terms and conditions of bankers without having any other alternative recourse. Since these types of bankers have made all their one side entire standard legally worded and formatted documents and these are get signed from each and every one before the disbursement resulting in slave like positions as of old age Shaukars’ system. From here itself starts the mental agony and torture to all of them. Presently some of basic flaws in the uncontrolled/unrestricted banking system in home loan sector as well as in other loans also have following major disparities/flaws . Disparity in interest rates and terms and conditions between public sector and private sector banks. Man to man Discriminatory policies in loans only to lure new customers and then compelling them to have higher rate of interests at the sole disposal of bankers. Non transparency in the system as to interest rate regime of private bankers as compared with public sector banks . Absence of required control and check and balances in the system making rooms for the discriminatory loan regime in the country. Take the live example of my own case apart from numbers of financially effected laks of people of the country for their unheard / unresolved matters are being shown on various websites of consumer welfares. These not to be detailed here itself but will be made the part of PLI .I have taken home loan vide loan account number LBYGR00000641411 from the ICICI bank in November 2003 on floating interest rate of 7.5 % having 168 EMI of 4816 [ Total liability of Rs. 809088] Out of it I have paid 57 nos of EMI so far till November 2008 for Rs.282060 .But unfortunately due to uncontrolled and discriminatory style of this banker I have the total balance liability of Rs. 909980/- consisting 230 EMI of Rs.5260/- . All this is really old age shaukari system . For the last more then one year I am taking up my own case with ICICI BANK , RBI & MRTPC but it came to conclusion that due to the open un-controlled regime and non fulfillment of statutory duties by the RBI and MRTPC such bankers are at full liberty to operate the old age shaukari system in the country having man to man one sided their own discriminatory non transparent policies and systems. I have booked my complaint with THE OFFICE OF THE BANKING OMBUDSMAN OF RBI in New Delhi vide offically registered complaint number :200708007328 ON 29.04.2008 but till date no action response took place at all. Similarlry I have made application for investigation and compensation of RS.1000000/- to the Director –General –MRTPC on 27.02.2008 but till date no response or action intimated to me. Now I am enclosing herewith annexure ‘A’ having total pages for your kind information that ICICI bank has finally given in replies dated 03.11.2008 and 10.11.2008 his version against my similar notice to ICICI BANK before PLI on 20.10.2008 . ICICI version is totally unacceptable and is effecting similarly to numbers of user of their services Thus now I put this notice to all of above before PLI that why I should not file it on 12.01.2009 in the HON’BLE Supreme Court of India to impose a fine of Rs.100 crores on ICICI BANK which to be deposited in the Consumer Welfare fund of Government of INDIA and give the direction to State to appoint the high powered Judicial Commission headed by the sitting Judge of Supreme Court Of India having financial experts from SEBI . ICAI, ICWAI and ICSI to investigate the flaws in the whole system. Thanking you, Yours faitfully, [SHIV KUMAR GUPTA]GHANDHI DHAM HOUSE NO 154-F, NEAR BUS STAND JAGADHRI-135003PHONE NOS:01732-314095MOBILE NO 09810467564 Enclosed annexure ‘A’ Cc to The Chairman-cum –Managing Director, ICICI BANK LAND MARK RACE COURSE CIRCLE, VADODARA-390007INDIA for information and to pursue the matter with the board of directors of ICICI BANK . CC TO PRESS /MEDIA
Source : LAW STUDENT –



Revision in pay not an inherent right: SC
http://www.lawyersclubindia.com/news/2008/11/revision_in_pay_not_an_inherent_right_sc.asp
Posted on : 20 November 2008 by Y.Prakash
The Supreme Court has observed that an employee cannot claim revised pay scales as a matter of right as it is for the authorities to decide whether to implement the revised pay scales or not."The question as to whether the scale of pay would be revised or not is a matter of policy decision for the State. No legal right exists in a person to get a revised scale of pay implemented,” a bench of Justices S B Sinha and Cyriac Joseph observed."It may be recommended by a body, but ultimately it has to be accepted by the employer or by the State, who has to bear the financial burden," it said.The bench passed the observation while dismissing the appeal of A K Chandrashekar, who availed a voluntary retirement scheme, sought a direction to the Kerala Government to pay him arrears on the basis of the revised pay scales.



Another HC judge hands in resignation
http://timesofindia.indiatimes.com/Mumbai/Another_HC_judge_hands_in_resignation/articleshow/3738513.cms
21 Nov 2008, 0212 hrs IST, Swati Deshpande, TNN
MUMBAI: It's raining resignations in the Bombay high court. Close on the heels of one high court judge resigning, another judge has quit. Justice Santosh Bora, who was appointed additional high court judge on April 16, 2008, has tendered his resignation to the President on "personal grounds. Both judges resigned barely seven months after their appointment. Justice Bora, who hails from Aurangabad and is a Jain who speaks fluent Marathi, had recently created a flutter in judicial circles when Chief Justice Swatantra Kumar had, in a rare move, stopped assigning judicial work to him in September on grounds of impairment of critical faculties. The judge was subsequently on medical leave. After his appointment as a high court judge, a few traits in his behaviour came to light and became a cause of concern to both, the judiciary and his family. At the full-house meeting of all judges of the high court just before the onset of the Diwali vacation last month, Bora was shown to be on `medical leave'. Justice Bora, when contacted, told TOI on Thursday that he had resigned for personal reasons and was under "no pressure to do so''. "I am quite well. I have no remorse at all, I had done the best work so far and there was no question mark on my merit. It was a suo motu decision, but I did consult my wife and son, who are also in the legal profession, after first consulting my inner mind.'' He said he had told the Chief Justice that he had health constraints and thus thought it fit to quit, making no mention of any alleged aberration in behaviour. In his resignation letter to the President, submitted in the last two days, he thanked "the Chief Justice, the government and the President for the opportunity to serve the judiciary''. The 52-year-old judge, "son of an agriculturist whose family has seen difficult days'' was never shy of hard work. After his law graduation in 1976, he said, "I even worked a building watchman in Mulund and as a salesman in Bhuleshwar for Rs 150 per month in the late 70s. I studied in New Law college in Mumbai and stayed in a jhopadpatti (slum) in Bhandup and also in Machhimar Colony at Mahim before moving into a university hostel.'' The judge has "no regrets. I have had a heart surgery in 1993 and also a kidney transplant. The judiciary was aware of my health conditions. Yet I was invited by the Chief Justice of Bombay to become a judge on merit, as I was also physically fit. I have done 10,000 matters in all my years of practice in Mumbai, Nagpur, Aurangabad and in Supreme Court''. The judge, according to his appointment letter, was to finish his term in 2018. But a high court judge is always first appointed as an additional judge for two years and only then a decision is taken regarding his confirmation by following a similar procedure of assessment as required for elevation. If a judge resigns within the first two years, he can return to the bar and resume practice in the same high court. Till September, the HC had 62 judges of the 75 sanctioned strength. It is now two judges down. Both judges who resigned were selected from among lawyers with many years of practice. They were the only two judges who came from the bar in a group of eight who were appointed in one go, the other six were elevated from the subordinate judiciary. Bora is now planning to get back to practising law, his "first love just as Kumbhakoni, who had resigned on seniority issues, is too''.




Collegium has primacy in judge appointments: petition
http://www.hindu.com/2008/11/21/stories/2008112157041400.htm
Legal Correspondent
Seeks declaration that President is bound to issue warrants
The judiciary’s recommendations are binding on the executive
“President can no make appointment unless it conforms to CJI’s opinion”
New Delhi: An advocate has moved the Supreme Court for a declaration that the President is bound to issue warrants of appointments to the three judges, recommended by the collegium headed by Chief Justice of India (CJI) K.G. Balakrishnan.
In his writ petition, R. K. Kapoor said that as per the various apex court judgments the recommendations of the judiciary on appointment of judges were binding on the executive. If the executive sat on the matter or delayed the appointment, the apex court could issue appropriate directions for performance of those functions in the public interest.
“If there is a deadlock between the judiciary and the executive on the issue of appointment of judges to the apex court, as a result of which the vacancies continue [and] arrears of cases go on piling up, the deadlock has to be broken by the judiciary itself by issuing appropriate directions.”
Controversy
The petitioner said he was concerned at the controversy over the elevation of the Chief Justices of the Kerala, Madras and Patna High Courts, H.L. Dattu, A K Ganguli and R.M. Lodha, to the Supreme Court, with the government sending back the files to the CJI and the collegium reiterating its earlier recommendations.
The petitioner cited the apex court ruling in the SC Advocates on Record Association vs. UOI case, in which a nine-member Constitution Bench accorded primacy to the collegium in judicial appointments saying “The opinion of the CJI, forwarded in the manner prescribed, shall be primal. No appointment can be made by the President under Articles 124(2) and 217(1) unless it is in conformity with the opinion of the CJI.”
On the government claim that seniority of some High Court Chief Justices was overlooked, the petitioner quoted the Constitution Bench’s observation: “The appointment to the Supreme Court shall be by ‘selection on merit.’ Inter se seniority amongst judges in their respective High Courts has to be kept in view while considering the judges for elevation to the Supreme Court.”
Mr. Kapoor said: “In view of the several judicial pronouncements, the Centre cannot withhold the files containing the collegium’s proposal on elevation of the three High Court Chief Justices.”



Govt okays selling pulses through PDS
http://www.business-standard.com/india/news/govt-okays-selling-pulses-through-pds/01/06/340927/
BS Reporter / New Delhi November 21, 2008, 0:55 IST
The UPA government today approved but couldn’t announce the sale of subsidised pulses through the public distribution (PDS) system. As Assembly elections in six states are yet to be over and the model code of conduct still in place, the Election Commission has not allowed the UPA to make this populist announcement.
“Some more decisions have been taken today in the Cabinet. But we can’t disclose them,” Minister of State in the Prime Minister’s Office, Prithviraj Chavan, said after the Cabinet meeting.
Meanwhile, the Cabinet today couldn’t arrive at a decision to hike the salaries of high court and Supreme Court judges as Finance Minister P Chidambaram was absent at the meeting. The finance and law ministries have a difference of opinion in this matter.
According to top sources, Law Minister HR Bharadwaj is in favour increasing the Chief Justice of India’s (CJI) monthly salary with to Rs 1.10 lakh from the present scale of Rs 33,000. Bharadwaj also wants salaries of other SC judges and chief justices of high courts to be increased to Rs 1 lakh from the present 30,000. Sitting judges of the HCs are to get Rs 90,000 as against the present Rs 26,000, according to the law ministry’s proposal.
But the finance ministry has objected to this new scale which places the CJI on a par with the governors of states and other SC judges and high court CJs above the cabinet secretary in terms of salary.



Mangalore: Traders Urge Dismissal of Writ Petition by Baikampady APMC
http://www.daijiworld.com/news/news_disp.asp?n_id=53810&n_tit=Mangalore%3A+Traders+Urge+Dismissal+of+Writ+Petition+by+Baikampady+APMC+
Daijiworld Media Network—Mangalore (RD/CN) Mangalore, Nov 20: The writ petition submitted in court by the Agriculture Produce Marketing Committee (APMC), Baikampady, questioning the state agricultural marketing department for notifying sub-yard status for Bunder area in Old Mangalore, should be dismissed, urged merchants operating in Bunder area. Speaking to mediapersons on Tuesday November 18, tax consultant Prakash Bhat welcomed the notification of the state administration awarding sub-yard status of APMC to Bunder area. No documents are available to prove that APMC members have sold their agricultural produce at the newly-set up APMC yard located at Baikampady. Moreover, APMC here sold each shed to more than three or four traders, he alleged. Agriculturist Harish Kumar, traders Raghav Shetty, Kalpesh, and Anwar Hussain, were present at the press conference.



Malegaon blast accused to challenge MCOCA before HC
http://ibnlive.in.com/news/malegaon-blast-accused-to-challenge-mcoca-before-hc/78612-3.html
Press Trust Of India
Published on Thu, Nov 20, 2008 at 21:22 in Nation section
Mumbai: The accused in Malegaon blast case would move the Bombay High Court challenging invocation of Maharashtra Control of Organised Crime Act (MCOCA) against them.
"We will move the High Court once we get a certified copy of order invoking MCOCA," said Ganesh Sovani, the lawyer of Sadhvi Pragya Singh Thakur, one of the 10 arrested in the case.
Maharashtra Anti-Terrorism Squad (ATS) on Thursday invoked MCOCA against all the 10 accused in the September 29 Malegaon blast case.
The stringent law allows the police not file charges against suspects for up to 180 days as compared to 90 days under other laws.
ATS chief Hemant Karkare said probe into the blast is about to be completed and it is not politically influenced. "There is no political pressure in the investigations into the Malegaon blast," he said.
Meanwhile, National Security Advisor MK Narayanan will be meeting Leader of the Opposition LK Advani on Friday to discuss the Malegaon blast investigations.
Intelligence Bureau Chief PC Haldar will also be present at the meeting, BJP sources said.
The NSA-Advani meeting would follow Prime Minister Manmohan Singh's conveying to Advani over phone on Wednesday that Narayanan would "explain the facts" of the probe into the blast.
Advani had slammed the ATS' "unprofessional and politically-motivated" probe into the case.



HC issues notice to TN Health Minister
http://www.hindu.com/thehindu/holnus/004200811202011.htm
Chennai (PTI): The Madras High Court on Thursday ordered notice to the state Health Minister M R K Paneerselvam on a revision petition challenging his discharge from a disproportionate wealth case by the Cuddalore district court.
While admitting a petition filed by P Ravindran of Cuddalore, Justice Mohan Ram ordered notice to the Deputy Superintendent of Police, Vigilance and anti-corruption wing, Cuddalore and Health Minister's wife P Senthamizhselvi.
The petitioner said that the first accused being a public servant," has committed the offence of criminal misconduct by acquiring and being in possession of pecuniary resources and properties in his name and his wife second respondent, his mother and of his children disproportionate to his known sources of income to the extent of Rs 21,22,881.58 and for which he could not account satisfactorilyt."
"Thereby, the first accused has commited an offencce punishable under section 13(2) r/w 13(1) (e) of the prevention of corruption act, 1988. The second respondent being wife of the first accused has abetted the commission of offence and therefore she has committed an offence punishable under section 13(2) r/w 13(1) of the prevention of Corruption Act, 1988 r/w section 109 of IPC".
The petitioner also alleged that the Minister's wife purposefully dragged the case till the Tamil Nadu State Assembly election-2006 was over after which Pannerselvam became a Minister.



HC directs AG to probe reasons for students clash
http://www.hindu.com/thehindu/holnus/004200811201850.htm
Chennai (PTI): The Madras High Court on Thursday directed the state Advocate General G Masilamani to probe the reasons for the November 12 clash between two groups of students at the Dr Ambedkar Law College here.
When the Public Interest Litigation (PIL), filed by a group of advocates seeking direction to the government to restore normalcy in the college, came up for hearing on Thursday before the First Bench, the government pleader Raja Kalifulla filed the counter affidavit of new city Police Commissioner K Radhakrishnan.
The Bench comprised Chief Justice A K Ganguly and Justice F M Lbrahim Kalifulla.
The PIL also sought direction to the government to take action against police officials who remained 'mute spectators' during the clash.
After perusal of the counter, the Chief Justice expressed surprise that about 30 law students were facing criminal cases and several FIRs pending against them for indulging in violence in the college as well as in the hostel.
He also wanted to know how these students were allowed to continue their studies till now.
The Bench said normalcy, dignity and decency should be restored in the law college, which produced so many eminent judges of the Madras High Court.
The Bench asked the Advocate General (AG) to go into the "aspects of indiscipline" among the students studying in the law college and submit his report on November 25.
In the wake of the violence in the college in which three students were injured seriously, the government shifted the Chennai police commissioner while some police officials were suspended.



Separatists' detention: HC notice to J&K Govt.
http://www.hindu.com/thehindu/holnus/002200811201701.htm
Srinagar (PTI): The Jammu and Kashmir High Court has given two weeks time to the state government to reply to petitions challenging the detention of two separatist leaders under Public Safety Act (PSA).
Justice Mohammad Yaqoob Mir issued the directions to the government on a petition filed by Mian Abdul Qayoom on behalf of senior hardline Hurriyat leader Ghulam Nabi Sumji, who was arrested and booked under PSA earlier this month.
Meanwhile, Justice Nissar Ahmad Kakroo also y issued notices to the state to file objections within two weeks to the petition filed by Amina Malik, sister of Jammu and Kashmir Liberation Front (JKLF) Chairman Mohammad Yaseen Malik, through her counsel Zaffar Shah.
Malik was arrested under Unlawful Activities Act on October 24 for launching an anti-election campaign in Bandipora district.
He was subsequently booked under PSA on October 30 and sent to a jail in Jammu.
The petition has challenged Malik's detention on legal and medical grounds.
Over a dozen prominent separatist leaders have been arrested and booked under PSA since the Election Commission announced poll schedule for Jammu and Kashmir on October 19.
The JKLF in a statement alleged that Malik has been lodged with petty criminals in a jail in Jammu.
"If any harm is done to Malik and other leaders, the responsibility will lie with government of India and its stooges in the state," the statement said.



HC stays construction work at Smriti Upvan
http://timesofindia.indiatimes.com/Lucknow/HC_stays_construction_work_at_Smriti_Upvan/articleshow/3733618.cms
20 Nov 2008, 0355 hrs IST, Ravi Singh Sisodiya, TNN
LUCKNOW: In yet another jolt to the state government, the Lucknow high court here, on Wednesday, ordered the state government and Lucknow Development Authority (LDA) to discontinue construction work at the Smriti Upvan and maintain status-quo on the whole compound.
The court constituted a panel of three advocates asking them to visit the Upvan and submit its report regarding the spot and project within one week. The court fixed November 28 as the next date of hearing. The order was passed on the Public Interest Litigation (PIL) petition filed by one Ashok Yadav Dev and two other petitioners. The high court order may adversely affect the ongoing preparations for Lucknow Mahotsav as the same is going to be held at the Upvan from November 25. The high court had earlier restrained the government from changing the name of Upvan, made in the memory of Kargil war martyrs. The court had also banned the government from splitting the Upvan land into two separate areas. In an order, the court had expressed anguish over the LDA action to level-up the land of `Akhal' lake situated in the Upvan. LDA V-C, Mukesh Meshram and the municipal commissioner had abided by the court's order to change the solid waste from the lake area and restore its existence. On Wednesday, senior lawyer, Virendra Bhatia accompanied by IP Singh, submitted in the court that despite the court's restraint order, LDA and other authorities had levelled-up the lake. Bhatia also added that LDA had constructed a wall in the middle of it thus splitting the Upvan area into two. He said that the orders of the high court fell on deaf ears as the government and LDA and the authorities are adamant to follow only the chief minister's orders. Additional advocate general, JN Mathur and chief standing counsel, Devendra Upadhyay contended that only 21 acres of land was meant for Smriti Upvan and the rest of 101 acres compound could be utilised for different projects. They argued that a pond was found in the area of 21 acres and every effort was being made to protect that water body. In anguish, the bench comprising Justice Pradeep Kant and Justice Shabihul Hasnain asked the state authorities that why the existing lake could not be preserved. The high court found that the authorities had violated its orders that no development work be done at the site, changing the existing Upvan project without its prior permission. Therefore, the court indicated to draw contempt proceedings against the authorities after the receipt of panel report. At the time of hearing, LDA V-C, Mukesh Meshram and joint director (land acquisition and development), SB Sinha were present in the court. They were not able to apprise the court of the initial project, when it had been taken up in Mulayam Singh Yadav regime. The panel of advocates included RC Singh, HS Tiwari and Subhash Kumar Vidyarthi.




Bring Guru's relics to Punjab for display: HC
http://timesofindia.indiatimes.com/Chandigarh/Bring_Gurus_relics_to_Punjab_for_display_HC/articleshow/3734597.cms
20 Nov 2008, 0405 hrs IST, Vishal Sharma, TNN
CHANDIGARH: The rare relics of Guru Gobind Singh, the tenth Sikh Guru, lying in private custody of New Delhi-based Hanumant Singh, descendant of Maharaja Partap Singh of Nabha, will soon be brought to Punjab with full state honours. The heirlooms are a part of the glorious heritage of Sikh community and ought to be on public display at a proper place like the Anandpur Sahib Khalsa Heritage Museum, Punjab and Haryana high court chief justice Tirath Singh Thakur said on Wednesday. The division bench, comprising the chief justice and justice Jasbir Singh, directed the respondents - Maharaja Partap Singh Trust - to file an affidavit on their commitment to surrender the relics to government. Accepting the trust counsel's plea that the contribution of Nabha state be duly highlighted wherever the relics are put on display, the CJ said a plaque could be installed. The counsel contended that people were eager to keep the mementos in Nabha only, as wished by late Maharaja Partap Singh. The bench directed that an officer of the rank of deputy commissioner be deputed to bring the relics from the national capital. The court directions were issued following a plea that the rare relics, including the Sikh Guru's sword, manuscripts and combs among others, which were handed over to the Nabha royalty during the tenth Sikh master's time, were not a private property. The souvenirs were initially kept in Hira Mahal but were moved to Delhi after it was closed following the death of Maharaja Partap Singh.




HC orders status quo on land sale
http://www.dnaindia.com/report.asp?newsid=1208287
Srikanth Hunasavadi
Thursday, November 20, 2008 21:57 IST
BANGALORE: The Karnataka high court, on Thursday, ordered a status quo on the sale of government land to private parties.
A division bench, headed by Chief Justice PD Dinakaran, heard the public interest litigation (PIL) filed by BG Ramesh and other Bettahalasur village residents before passing the order.
The petitioners' counsel submitted that the land originally belonged to a senior secondary school, but some individuals had allegedly sold around 10 acres of it to private builders. They are constructing a building on the spot, he alleged.



Sena activist files PIL against ATS
http://www.expressindia.com/latest-news/Sena-activist-files-PIL-against-ATS/388301/
Agencies
Posted: Nov 20, 2008 at 1456 hrs IST
Mumbai, November 20: A Shiv Sena activist has filed a PIL in the Bombay High Court, seeking that investigation of the Malegaon blast case be handed over to the state CID and action be taken against Anti-Terrorism Squad for "ill treating" Sadhvi Pragya Singh Thakur, one of the accused in the matter.
Petitioner Shilpa Deshmukh, who is the secretary of Shiv Sena's Bhartiya Vidyarthi Sena, said that she was filing the PIL on her own and not on behalf of the party.
However, the High Court is yet to hear the petition, which is based on media reports regarding probe of Malegaon blast case, and alleges ATS of showing biasness.
"ATS is soft-pedalling" probe against Muslim organisations such as SIMI, the PIL says and claims that the investigation into the matter is "doubtful".
Besides, the PIL also asks for a judicial inquiry into the allegations of the accused Sadhvi Pragya against the ATS, it said.
Action should be taken against Director General of Police A N Roy and ATS chief Karkare for their "barbaric and pre-judicial approach" towards Hindu organisations and Sadhvi Pragya, the PIL demands.
It has also demanded that ATS officers should not detail the investigation process to the media.



Sena files PIL against ATS in Bombay HC
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080073330&ch=11/20/2008%201:46:00%20PM
NDTV Correspondent
Thursday, November 20, 2008, (Mumbai)
The Shiv Sena has taken the Anti-Terror Squad to court on Thursday by challenging its investigations into the Malegaon blast probe. (Watch)The Sena has petitioned the Bombay High Court that the Malegaon blast case be handed over to the State CID.They have demanded a judicial enquiry into sadhvi's allegations of torture and have asked the court to prevent the ATS from speaking to the media.The ATS has come under repeated attack by the Sangh Parivar. BJP leader LK Advani also uttered harsh words for the ATS after sadhvi Pragya Thakur claimed she was tortured.Meanwhile, more evidence has now emerged that the main protagonists in the Malegaon blast case knew each other under the umbrella of the radical Hindu organisation Abhinav Bharat.A footage has now come to light that shows the sadhvi, Swami Dayanand Pandey and Sameer Kulkarni sharing the same platform at a meeting in April in Bhopal.



Admn pulled up over entry fee charged by parking contractors
http://www.expressindia.com/latest-news/admn-pulled-up-over-entry-fee-charged-by-parking-contractors/388069/
RAGHAV OHRI
Posted: Nov 20, 2008 at 0053 hrs IST
Chandigarh, November 19 High court Chief Justice asks UT to ensure only those who park vehicles in lots are charged money
The Punjab and Haryana High Court took the UT Administration to task on Wednesday over the parking fee being charged from commuters for merely entering a parking lot, even if they do not actually keep vehicles there.
A Division Bench comprising Chief Justice Tirath Singh Thakur and Justice Jasbir Singh was hearing a public interest litigation (PIL) filed by advocate Ajay Jagga. The PIL seeks directions to ensure that parking fee should not be charged on the movement of vehicles on a public road in any market area unless the vehicle is actually parked in the slots adjoining the passage.
“How can you insist on charging a person who has not even parked the car in a parking area? How have you allowed all this to take place in the city?” Thakur asked the counsel appearing for the Administration.
Responding to the query, the law officer submitted that this had been done to reduce heavy traffic in parking areas. “We are spoilt so much that we tend to take our vehicles to the very shop or building we are visiting,” said the law officer.
Refusing to show any conviction in the averments, the Chief Justice observed: “That does not mean you put a ban on commuters from entering into a parking area.”
The Chief Justice disapproved of the fact that parking contractors posted their employees to put barricades and stop vehicles from entering the parking area until the fee was paid. He asked: “Suppose a person has come to drop someone or is waiting to pick up someone, does that mean you will charge parking fee from him too?”
The court asked the Administration to look into the issue seriously and ensure that those who entered a parking area but did not park vehicles should not be forced to pay any fee. “Putting a barricade and asking people to pay is not done,” the Chief Justice remarked.
Giving instance of illegal parking fee charged by contractors in Delhi, the Chief Justice told the UT counsel that it should ensure that illegal contractors are not allowed to function.
“These contractors have their own techniques. In Delhi, there were unauthorised contractors. Some people just occupy a parking area and keep their hoodlums and start charging money,” said Thakur.
The UT counsel has been directed to seek instructions from the Administration on the issue.
CHB told to pay up for not filing replyThe Punjab and Haryana High Court has asked the Chandigarh Housing Board (CHB) to pay up Rs 2,500 for not filing reply to a petition despite being given repeated opportunities. A Division Bench headed by Justice M M Kumar was hearing a petition challenging the Self Financing Housing Scheme for UT employees that was pending in the High Court. The CHB had been earlier told several times to file its reply to the petition. A bunch of petitions were filed by various UT employees, accusing the Administration of making a tailor-made scheme for higher rank officers and depriving junior officers. During the last hearing two weeks ago, the Division Bench had given a last opportunity to the Administration to file a written reply.-ens



Camp on campus takes toll on attendance
http://www.telegraphindia.com/1081120/jsp/jharkhand/story_10136210.jsp
KUMUD JENAMANI
Ghatshila, Nov. 19: A slew of government schemes notwithstanding, the Mahulia Uchcha Vidyalaya at Galudih in Ghatshila is fast losing on attendance. And it is not the fear of Maoists, but the “unwarranted intrusion” of paramilitary forces that is keeping the students, especially girls, off campus.
The Central Reserve Police Force (CRPF) had set up camp on the school premises in August last year after a businessman, Krishna Mahto, was gunned down by suspected rebels at Galudih Chowk in the Ghatshila police station area. What, initially, had seemed a welcome move by the administration, soon started taking toll on the academic environment of the school.
Students first started skipping classes at the slightest pretext. Later, many dropped out. Principal Amarnath Jha said the only high school in Galudih, Mahulia Uchcha Vidyalaya had 722 students on its rolls. Of this, 45 per cent were girls. “Ever since the camp was set up, conducting classes became a difficult task. Of the 12 classrooms, five are occupied by the jawans. The two halls are also being used by them,” Jha told The Telegraph.
“Students are being huddled into classrooms because of space crunch. With jawans posted everywhere, girl students are facing problems. They cannot go to toilets whenever they wish to. The presence of forces has restricted their movements. Attendance has dropped by about 25 per cent. Many have left school,” he added.
Guardians, anxious over the future of their wards, lodged a complaint with the People’s Union for Civil Liberty (PUCL), a human rights organisation. Chandra Shekar Bhattacharya, a key functionary of PUCL, said that the parents had expressed their worries because the children refused to attend classes. In September, the rights body filed a public interest litigation (PIL) with Jharkhand High Court. PUCL’s Jharkhand unit general secretary B.B. Pathak said it demanded immediate withdrawal of the forces from the school.
The PIL came up for hearing on October 23. The high court took cognisance of the issue and observed that the school be immediately vacated. The next date for hearing is November 20.
Superintendent of police Naveen Kumar Singh admitted that the school authorities had raised objections to the camp on the premises, but said the CRPF was allowed there only after the issue was discussed with them.




HC dismisses PIL on alleged eviction of Thane bargirls
http://www.dnaindia.com/report.asp?newsid=1207906
PTI
Wednesday, November 19, 2008 20:18 IST
MUMBAI: The Bombay High Court dismissed a public interest litigation (PIL) on Wednesday regarding the alleged eviction of over a thousand former dance-bar girls from Kisanwadi area in neighbouring Thane.
There were newspaper reports last June alleging that local Shiv Sena corporator Ram Repale was heading an eviction drive against bargirls in the area.
Sena had alleged that bargirls were indulging in prostitution.
Janhit Manch, an NGO, had written a letter to the High Court in this regard. The High Court turned it into a PIL.
But on Wednesday, a report filed before the court by Deputy Commissioner of Police Bhujangrao Shinde said that no cognisable offence was made out in these incidents.


Rs 5,600 crores scam in EMRI ambulance services?
http://nelloreit.blogspot.com/2008/11/rs-5600-crores-scam-in-emri-ambulance.html
NEW DELHI: Health minister Anbumani Ramadoss's ambitious project -- to start 108 ambulance services in various cities across India in collaboration with Satyam Computer's Emergency Management Research Institute (EMRI) -- has run into trouble with a PIL in the Supreme Court alleging that it smelled a gigantic scam to the tune of Rs 5,600 crore.
The PIL by two NGOs -- Ambulance Access Foundation India (AAFI) and Transparency in Contracts (TIC) -- claimed that EMRI had signed memorandum of understanding (MoU) with 10 states to provide ambulance and emergency response services without any call of tender. It said the funds for the operation of ambulance services and emergency response services, to be operationalised by EMRI, would be provided by the states from the central grants it receive under National Rural Health Mission (NRHM).

A Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam entertained the petition on Monday and issued notices to the Union health ministry and Andhra Pradesh, Gujarat, Madhya Pradesh, Tamil Nadu, Rajasthan, Uttarakhand, Goa, Assam, Haryana, Punjab, Karnataka and Maharashtra, asking them to respond to the charges levelled by the PIL filed through advocate Siddharth Chowdhury. However, the Bench directed deletion of the name of former President A P J Abdul Kalam, who is chairman emeritus of EMRI, and other persons in the management saying the organisation could respond to the charges rather than individuals. Arguing for the PIL petitioners, senior advocate Rajeev Dhawan said, "EMRI is all set to withdraw an estimated amount of Rs 3,800 crore from public funds and get control and possession of approximately 500 acres of prime government land in state capitals and leading cities valued at Rs 1,800 crore." He added, "The misuse of public money and siphoning off of prime government land is made possible due to lack of transparency in the process and is possibly one of the biggest scams in post-independent India as the process of award of contracts to operate ambulances and emergency response services had been effected without following the due process for award of contracts." The PIL sought a thorough probe into the manner of awarding contracts to EMRI through non-transparent MoUs. It also wanted the court to direct the states to take back the ambulances from EMRI and run them on their own and award exemplary damages against the errant firm.
SOURCE : http://timesofindia.indiatimes.com/


Association for Democratic Reforms & Election Watch
http://lawandotherthings.blogspot.com/2008/11/association-for-democratic-reforms.html
Wednesday, November 19, 2008
The Association for Democratic Reforms, whose PIL seeking filing of IT returns by political parties was rejected by the Supreme Court last week, has been raising pertinent issues concerning our democracy, and the conduct of elections from time to time. Its major achievement was the recognition of the right to information about the background of candidates in 2002 through a PIL in Delhi High Court, which later gained approval in the Supreme Court. Its latest petition, therefore, must be understood as a continuation of its campaign for electoral and political reform, and not as a means to get cheap publicity, as unfortunately concluded by the Supreme Court Bench. The PIL petition seeking Court's intervention to make political parties pay their income-tax can be read here.The ADR has also brought out its latest report on the Chhattisgarh assembly elections, focussing on the background of candidates, which will be of interest to us.
Posted by V.Venkatesan at 12:11 PM




LTTE still most lethal: tribunal
http://www.hindu.com/2008/11/21/stories/2008112150360100.htm
J. Venkatesan
Upholds ban imposed by Centre
New Delhi: The Liberation Tigers of Tamil Eelam continues to be an extremely potent, most lethal and well-organised terrorist force in Sri Lanka and has strong connections in Tamil Nadu and certain pockets of southern India, said the Tribunal under the Unlawful Activities (Prevention) Act while upholding the ban imposed by the Centre on May 14, 2008.
Justice Vikramajit Sen of the Delhi High Court, who was on the tribunal, agreed with the Centre’s submissions that “the LTTE continues to use Tamil Nadu as the base for carrying out smuggling of essential items like petrol and diesel, besides drugs to Sri Lanka.”
The Centre was represented by Additional Solicitor-General P.P. Malhotra, and Tamil Nadu by counsel S. Thananjayan. The LTTE was not represented by counsel.
It was submitted that Kalpakkam and Koodankulam, where nuclear plants are in existence, were proximate to LTTE bases in Sri Lanka. “The Government of India is apprehensive that unless the ban on the LTTE continues, acts of aggression on Indian soil are likely to occur.”
The judge also noted that the LTTE leaders had been cynical of India’s policy on their organisation and action of the state machinery in curbing its activities. Further, according to the submissions, enquiries on the activities of LTTE cadres/dropouts who had been traced recently in Tamil Nadu would suggest that they would ultimately be utilised by the outfit for unlawful activities.
The tribunal said a specific stress was laid on the fact that V. Prabakaran, leader of the LTTE, and his intelligence chief Pottu Amman, wanted in the Rajiv Gandhi assassination case, were still absconding and declared proclaimed offenders.
The tribunal took into consideration the submission that “the LTTE will continue to remain a strong terrorist movement and stimulate the secessionist sentiments to enhance its support base in Tamil Nadu as long as Sri Lanka continues to remain in a state of ethnic strife torn by the demand for Tamil Eelam which finds a strong echo in Tamil Nadu due to the linguistic, cultural, ethnic and historical affinity between the Sri Lankan Tamils and the Indian Tamils in Sri Lanka.”
The judge said: “Each of the submissions is fortified by instances and documents. Examples have also been given of the cases which were registered earlier and are still alive and in many cases some of the LTTE cadres and members of the Tamilar Pasarai, the Tamil National Retrieval Troops and the Tamil Nadu Liberation Army, who are accused in these cases, are at large and efforts are on to secure them.”
“In the absence of any representation from the LTTE, the entire material placed by the Central government as well as the State government including deposition of their witnesses remains un-rebutted and is taken as having been proved.”
The judge said: “This tribunal is of the opinion that there is sufficient material to justify that the ban imposed earlier should continue to check and control the unlawful activities of the LTTE. Despite notifications since May 14, 1992 declaring the LTTE to be an unlawful association, it is continuing its unlawful activities. In this analysis, this tribunal confirms the declaration made by the Central government by its notification dated May 14, 2008 [banning the LTTE].”


Tribunal's starts hearing on tariff order
http://timesofindia.indiatimes.com/Delhi/Tribunals_starts_hearing_on_tariff_order/articleshow/3733872.cms
20 Nov 2008, 0015 hrs IST, TNN
NEW DELHI: The hearing on Delhi Electricity Regulatory Commission's (DERC) multi-year tariff order started on Wednesday with discom BSES reportedly telling the appellate tribunal that it would no longer consider those documents for evidence that DERC had claimed in its affidavit were `not genuine'. The discom's main line of argument on Wednesday was that the DERC chairman did not have the power to pass the order in February since the two-member commission was divided on the issue of whether to allow Rs 950 crore as capital expenditure by BSES. A BSES spokesperson refused to comment on the issue, saying the matter was sub judice. A senior official did say that they had no plans of going back on their claims as submitted before the tribunal. "The tribunal will now take a call. We know that the documents we have submitted are genuine and have no intention of taking them back,'' he said. On Tuesday, DERC had submitted fresh evidence before the tribunal, alleging that the Reliance-backed BSES had fabricated the documents which it intended using against the commission. A senior official had said: "A distribution company purchases its machinery from a sister company of the overall group to which they both belong at a hugely inflated price with a profit margin of 68% and tries to pass on this entire cost to the consumers.'' The controversial issue was first discovered by DERC in 2004 and the commission alleged that the discom had committed a fraud and initiated an inquiry. The discom stuck to its stand that the transaction was done through competitive bidding and it had not favoured its sister company. Sources also said that the Rs 950-crore figure was under a cloud since, technically, BSES should not have shown it as capital expenditure in the first place but should have staggered the cost of the equipment purchased over the life of the equipment. BSES, while steering clear of this issue, did raise objections to the passing of the order in February this year. According to sources in BSES, its main argument was that the DERC chairman did not have the right to cast a second vote to pass the order, since the two-member commission was split on the amount of Rs 950 crore. However, DERC officials said the Electricity Act gave the DERC chairman the right to cast the deciding vote if there was a hung decision. The arguments will continue and an order is likely to come only after a few weeks.