LEGAL NEWS 26.11.2008

RGI asked to pay compensation to damaged car owner
http://timesofindia.indiatimes.com/Hyderabad/RGI_asked_to_pay_compensation_to_damaged_car_owner/articleshow/3752621.cms
25 Nov 2008, 0313 hrs IST, Srinath Vudali, TNN
HYDERABAD: The District Consumer Disputes Redressal Forum-III has directed Reliance General Insurance (RGI) to pay a Ford Icon owner a compensation of Rs 1,04,500 for deficiency of service. Zaibunnisa, 52, a resident of Edi Bazar, filed a complaint against RGI for non-payment of insurance to her damaged Ford Icon car (2001 model). She claimed on April 23, 2007, her Ford Icon car, driven by her husband Syed Azam, started spewing smoke from the engine and later, the car was completely gutted. Zaibunnisa took an insurance cover for the vehicle from RGI for Rs 2,25,000 and the policy was valid from October 11, 2006 to October 10, 2007. She lodged a police complaint on April 27, 2007 about the incident. She also intimated about the accident to RGI, Himayatnagar branch, on April 28, 2007 through a telegram. The RGI deputed a surveyor-cum-loss assessor to assess the damage of the car. Zaibunnisa was informed by Asian Motors workshop mechanic that the vehicle was beyond repair. After numerous petitions, she approached the consumer forum for justice. ICICI Bank sold the Ford Icon car for Rs 8,000 since Zaibunnisa did not pay the car loan. RGI contended that under the rules and regulations of the policy the company was not liable if it was a consequential loss, depreciation, wear and tear, mechanical or electrical breakdown and breakage. Besides, RGI also said that the complainant ought to have issued notice in writing immediately after occurrence of the accident, but she informed the company five days after the accident. The surveyor, in his report, attributed short circuit of non-Ford approved accessories along with tampering of wiring caused serious damages through short circuit as a result of mechanical or electrical related breakdown. He recommended denial of compensation. On November 21, Forum president L Kedara Chary, in his judgment, said it appears that the detailed policy with terms and conditions was not issued on the date of issuance of the policy and it was produced for the first time before the forum. "Since the condition of prompt intimation to the company was not said at the time of taking policy, the condition is not binding on the insured," the president said. "The company has not produced cogent evidence about the basis on which the surveyor expressed his opinion," he said. In the terms and conditions of the policy, the company said it will indemnify the insured against the loss or damage to the vehicle insured hereunder there upon by fire explosion, self-ignition or lightning. As the complainant has proved that the car was burnt on account of self-ignition, therefore the company was liable to pay compensation, the forum said. As the car was completely gutted and beyond the estimation of depreciation, the forum awarded 50 per cent depreciation. Since the car was sold to third party, the forum reduced Rs 8,000 on the compensation fixed and directed RCI to pay Rs 1,04,500 within four weeks else RGI has to pay 7.5 per cent interest on the payout. Besides, RGI was also asked to pay Rs 1,000 for the cost incurred to Zaibunissa.



EC suspends 69 officials for negligence in Chhattisgarh polls
http://timesofindia.indiatimes.com/India/EC_suspends_69_officials_for_negligence_in_Chhattisgarh_polls/articleshow/3760598.cms
26 Nov 2008, 1815 hrs IST, PTI
RAIPUR: The Election Commission has suspended 69 government officials for negligence in duty or fake polling during Assembly elections in Chhattisgarh this month. Arvind Dixit, deputy chief electoral officer, Chhattisgarh, said action was taken against officials found negligent during the election duty and in some cases for fake polling. On November 20, the day of second phase of polling, the district electoral officer (DEO), Korba, suspended 51 officials for negligence of duty. Ashok Agrawal, DEO, Korba had said that the officials including presiding officers and polling officers grade I, II and III neither collected election materials nor reached their assigned polling booths. Taking cognisance of it, the DEO then suspended 51 officials. Similarly, the district electoral officer, Raipur has suspended 16 officials for negligence in duty during election process and two officials have been suspended by DEO, Serguja. According to state officials, on the recommendation of the CEO, Chhattisgarh, the state government has already issued suspension letter to the officials.




President's brother refused to undergo lie detector test: CBI
http://timesofindia.indiatimes.com/India/Presidents_brother_refused_to_undergo_lie_detector_test_CBI/articleshow/3760511.cms
26 Nov 2008, 1745 hrs IST, PTI
NEW DELHI: The CBI has informed the Bombay High Court that G N Patil, brother of President Pratibha Patil, and two others had refused to undergo a lie detector test during the agency's probe in the three-year-old murder of a Congress leader of Jalgaon in Maharashtra. In its report filed before the High Court, the CBI said G N Patil and two others -- Ulhas Patil and Ramesh Choudhary (Congress leaders in Jalgaon) -- have refused to undergo lie detection test. The agency, however, gave a clean chit to G N Patil saying that there was no evidence of his involvement in the conspiracy to murder Vishram Patil, former president of Jalgaon district Congress. He was murdered on September 21, 2005 and his wife -- Rajni -- had moved the High Court last year, saying that CBI has not probed the alleged role of G N Patil. Giving reasons as to why G N Patil was not found involved in the murder, the CBI found as not admissible, claims made by Raju Sonawane, an accused chargesheeted by the agency, implicating Patil and two others to have allegedly conspired with Raju Mali, another accused, to eliminate Vishram Patil. Eyewitness Rambhau Gobru Pawar had named G N Patil, Ulhas Patil and Ramesh Choudhary but the CBI claimed the same could not be corroborated and hence was dismissed. Sonawane, a chargesheeted accused, had pointed out at a house where the conspiracy had taken place. The building was that of Dr Ulhas Patil's hospital but the staff of there denied that he had ever visited the place.





Purohit remanded in police custody till November 29
http://timesofindia.indiatimes.com/India/Purohit_remanded_in_police_custody_till_November_29/articleshow/3760421.cms
26 Nov 2008, 1730 hrs IST, PTI
NASHIK: Lt Col Prasad Purohit, arrested for his alleged involvement in the Malegaon blast, was on Wednesday remanded in police custody till November 29 by a court here in connection with a case of procuring an arms license using fake documents. Purohit, who was arrested by the Nashik crime branch on Tuesday, was produced before Joint Civil Judge V V Joshi where police custody was sought. The case against Purohit had been registered by Pune resident Shirish Date in the Sarkarwada police station in Nashik on November 16. Date, a family friend of Purohit, stated in his complaint that a license for a gun had been obtained for him by the army officer. The Pune resident claimed fake documents showing him as a resident of the military camp in Devlali were used to obtain the arms license for him. The Nashik police took custody of Purohit on Monday after moving an application before the special MCOCA court conducting the trial in the Malegaon blast case. Earlier, the Pune ATS had taken the custody of Purohit for providing an arms license using fake documents to a relative of Date. Another accused in the Malegaon blast, Sudhakar Chaturvedi is also alleged to have obtained a country-made revolver from Purohit. Eleven persons, including Purohit, have been arrested so far for their alleged involvement in carrying out the September 29 blast in Malegaon which left six dead and over 80 injured.





Failure to get Pragya's custody will slow down probe: ATS
http://timesofindia.indiatimes.com/India/Failure_to_get_Pragyas_custody_will_slow_down_probe_ATS/articleshow/3760315.cms
26 Nov 2008, 1636 hrs IST, PTI
MUMBAI: The Anti-Terrorist Squad on Wednesday said its failure to get police custody of Sadhvi Pragya Singh Thakur among other accused in the Malegaon blast case from the MCOCA court is a setback which will slow down the investigation. "Police custody would have helped investigations to proceed faster but still we will see how best to deal with it in a legal way," ATS chief Hemant Karkare said. When asked about criticism levelled by BJP leaders especially, L K Advani's outbursts against the agency, Karkare said "when allegations are made anyone will feel hurt." The ATS chief rejected charges of torture inflicted on Sadhvi during police custody. "We are going by the copy book. We are producing the accused in court whenever orders for the same are issued by the court," Karkare said. Refuting the allegations of political bias in the probe, the Maharashtra ATS chief said that charges were not true. "I can give you 100% guarantee that there is and has been no political pressure on ATS either individually or on the department," he pointed out. The ATS has come under fire from BJP and other saffron groups for allegedly acting on the orders of ruling Congress leaders, after some self-styled religious leaders were arrested by the team for alleged involvement in the September 29 Malegaon blast which killed six and left over 100 injured.




HC questions NHRC's power to award damages
http://timesofindia.indiatimes.com/India/HC_questions_NHRCs_power_to_award_damages/articleshow/3758557.cms
26 Nov 2008, 0938 hrs IST, PTI
NEW DELHI: The Delhi High Court has asked the NHRC to examine its power to award damages and take a relook at its order directing the Enforcement Directorate (ED) to pay Rs 50,000 as damages to an accused in a FERA violation case. Remanding back the matter to NHRC for consideration on the question of limitation, Justice Sunil Gaur asked NHRC to explain the reasons in case the Commission claimed to have the jurisdiction to award immediate compensation. The court allowed a petition filed by the central government through ED questioning the jurisdiction of the Commission to pass an order on immediate relief. In 2000, NHRC had directed ED to pay a compensation of Rs 50,000 to accused Prabhakar L Mehta on his complaint that he was being tortured by the ED officials during raids at his residence conducted by them with regard to a foreign exchange violation case in 1997. According to the prosecution, in 1996 Mumbai-based Mehta had illegally transferred foreign exchange worth Rs467cr from South Indian Bank, Mumbai, against bogus import. On Mehta's plea, the NHRC had ordered an enquiry and following the enquiry report, the Commission had awarded an interim relief of Rs50,000 to the victim and asked the investigating agency to shell out the amount. Challenging the interim order of NHRC, the Central government moved a petition before the High Court and questioned the Commission's limitation.





All vehicles must be insured
http://www.centralchronicle.com/20081125/2511303.htm
While loss of life in a motor accident cannot be recovered, it becomes obligatory on the part of all of us to minimise the miseries of the family that loses a member. thus, while motor insurance is a legal requirement, it is also a driver's moral responsibility to ensure that the vehicle he is driving is insured. under the provisions of the motor vehicles act, all vehicles plying in public places shall have an insurance policy at least to cover third party liability. two types of vehicle insurance policies exist: third party insurance and comprehensive insurance. third party insurance policies cover the liability of the vehicle owner for loss or damage to life or property of third parties. comprehensive insurance policy covers, in addition to third party liability, loss or damage to the vehicle itself by way of accident, theft, etc and specified perils.
From 1971 onwards, government was the sole trader in general insurance. general insurance corporation (gic) was the holding company for the four subsidiaries marketing non-life insurance policies: new india assurance, united india insurance, oriental insurance and national insurance. it has been more than a year since private players with or without foreign collaboration entered the non-life sector. this has already had a positive impact on customer service. there has been a remarkable improvement both in the pricing of policies and claims settlement practices of public sector companies. the pitfalls : insurance regulatory development authority (irda) even has a rule that insists on companies making claims payment in the shortest possible time. despite the rule, insurance companies do harass the common man and settlement of insurance claims gets delayed.
Often consumers have to knock the doors of the courts to get their claims settled. insurance companies often try to evade paying claims. however, many a times, the consumers are also at fault, either for lack of knowledge, or they pay the price for the insurance agent's mistakes. as a policyholder, you should not sit back and relax after handing over the premium cheque to the agent. it is a common practice for consumers to get their vehicles insured through an agent; perhaps the attraction is the discount on premium offered by them. but have you imagined what will happen in case the agent fails to deposit your cheque in time? who is liable in case a mishap occurs during the period while the agent is holding your cheque? a landmark judgment given by mumbai district consumer forum indicates that if the development officer (of the insurance company) delays in depositing the premium cheque, it does not exempt the company from paying the claim.
Hence, readers are advised to hand over their premium cheques to a development officer, who is an employee of the company, and not to an agent who is merely a commission agent in the transaction. A car owner handed over insurance renewal premium cheque for his car to a development officer of oriental insurance company on december 5, 1991 . his policy for the previous year was to expire on december 7. however, the development officer, because of holidays on the next two days, deposited the cheque at the office on december 9. meanwhile, the car was stolen on december 8. the insurance company repudiated the claim on the ground that the car was not duly insured on the date when it was stolen. the car owner then approached the mumbai district consumer forum. the insurance company contended that the development officer is not competent to renew the premium and acceptance of cheque from the claimant does not mean that the insurance contract was renewed. since the cheque was presented on december 9, the contract began on that day, and not on december 7. the district consumer forum, while rejecting the contention, observed that as per the provisions of the insurance act, the development officer is an employee of the company, and is authorised to collect the premium from customers to deposit the same with the company. and since the premium was paid to the development officer by the car owner well before the expiry period, the company cannot claim that the same has not been deposited by the policyholder in time. the forum held that insurance company is liable to pay the claim as the contract of insurance came into force on december 7. the forum also awarded compensation to the policyholder. this particular policyholder received redressal from the courts. but will you be as lucky? renew your policy well in time and ensure that the agent/development officer has deposited your cheque before the policy expires.
Nitin Saxena



Hanging by a wire
http://www.telegraphindia.com/1081124/jsp/atleisure/story_10155523.jsp
CHECKOUT - Pushpa Girimaji
Despite several consumer court orders criticising them, electricity supply undertakings continue to display a callous indifference to public safety. High tension wires are strung low over residential colonies, posing a danger to the residents. Open, live wires are left hanging on the roadside, despite the fact that such wires can well kill. Just a couple of months ago, a retired army officer met an untimely death in Gurgaon because of such negligence.
What is most unfortunate in all such cases is the absence of any remorse on the part of the power supply undertakings. Even when consumer courts award compensation, the service providers go on appealing against the orders. Last month in one such case, while upholding the award of compensation given by the lower consumer court, the apex consumer court reprimanded the electricity supply undertaking for appealing against the order of the lower consumer court.
The case pertained to the death of a 40-year-old labourer in Uttar Pradesh, on account of a live power supply line falling on her. In response to a complaint filed by the victim’s husband, the District Consumer Disputes Redressal Forum awarded a compensation of Rs1.5 lakh, Rs 2,000 towards the costs of litigation and Rs 2,000 towards the cost of cremation.
The power supply undertaking filed an appeal against this before the State Consumer Disputes Redressal Commission, which dismissed it. The power corporation then filed a revision petition before the apex consumer court, arguing that the wire had broken on account of someone throwing sugarcane leaves on it and, therefore, the corporation could not be held liable. Dismissing this contention, the apex consumer court said it was difficult to believe such a story. Even if it were true, the very fact that someone could throw leaves on the wire, resulting in its snapping, meant that the wire was hanging very low, which in itself was negligence. It, therefore, dismissed the petition (Executive Engineer, Electricity Distribution Division, Kushi Nagar, UP vs Budhadhan, revision petition No. 3649 of 2008).
It’s time the consumer courts made use of the provisions in the Consumer Protection Act for awarding punitive damages and imposed stiff penalty on these undertakings and also made sure that the punitive damages given to the consumer are recovered from those officers and employees who are responsible for the negligent act. Only then will these undertakings pay heed to safety in public places.



Abhaya case gets murkier; former probe official found dead
http://timesofindia.indiatimes.com/India/Abhaya_case_gets_murkier_former_probe_official_found_dead/articleshow/3756772.cms
26 Nov 2008, 0313 hrs IST, Ananthakrishnan G , TNN
THIRUVANANTHAPURAM: The Sister Abhaya murder case took an eerie twist on Wednesday with a former additional sub-inspector who prepared the FIR in the case found dead in his home in Kerala's Kottayam district. V V Augustine, 75, had apparently committed suicide by slashing his wrist. A note recovered from the body blamed the investigative agency CBI for his death. Augustine, who was suspected to have helped destroy evidence connected with the 16-year-old case, had reportedly been under acute mental duress and had been questioned by the various teams which probed the case. He was ASI of Kottayam west police station at the time of Abhaya's death and was the first to reach the St Pious Convent in Kottayam on the morning of March 27, 1992 when the Catholic nun's body was found in a well there. Subsequently he prepared the FIR and inquest report in the case. In his statement to the investigative agencies, Augustine had said it was the then Kottayam crime branch DySP K T Michael, who asked him to go to the convent. He also said the body was fished out by 8.30 am. This was found to be at variance with the version of the fire force team, which said they brought up the body by 10.30 am. The inquest report, which Augustine had prepared, had also claimed the presence of underclothes on Abhaya's body when it was brought out. But leads suggested that this too may have been wrong. The suspicion gained strength after an expose claimed that the chemical examination report of Abhaya's body had been tampered to conceal the fact that there were semen stains on her private parts. A furore followed forcing the court to summon the then chemical examiner R Geetha, who is now the chief chemical examiner of Kerala. She is now on bail. In June 2007, Augustine moved the Kerala High Court seeking anticipatory bail. But the new CBI team that took over the case came up with the charge that he might have had a part in forging the signatures of two witnesses in the inquest report and needed to be questioned. Augustine had also been taken to Bangalore some months back for a narco-analysis test, but he was not subjected to the same due to ill health. Subsequently a bran mapping test was conducted on him. The former cop's death puts the CBI which is already facing a difficult situation as regards the evidence of the case due to passage of time in a tighter spot. A large volume of evidence in the case was destroyed by the local police ironically armed with an official order before the CBI took over in March 1993. Photographs of the nun's body and other items recovered from the scene including her clothes, veil and personal diary were destroyed by the police which after closing it as a case of suicide secured an order from the then RDO. The CJM court of Ernakulam, which is supervising the probe, had questioned the hurry to destroy the items. In an order passed in 1997, the court slammed the crime branch probe and said there seemed to be someone working behind the scenes to scuttle the case.



Pay duty or face penalty: Govt to filmstars
http://timesofindia.indiatimes.com/India/Pay_duty_or_face_penalty_Govt_to_filmstars/articleshow/3756656.cms
26 Nov 2008, 0307 hrs IST, Devraj Dasgupta , TNN
MUMBAI: The multi-crore contracts and endorsements between production houses and filmstars have caught the attention of the Maharashtra government too. It has sent notices to A-list filmstars and top notch film production companies asking them to cough up stamp duty on their endorsement contracts or face penal action. Sources in the stamps department said celebrity endorsements have become too big to ignore. With every company worth its salt paying crores to its brand ambassador, the state does not want lose its share of the moolah. Moreover, the slump in the economy has forced the department to focus on every possible source of revenue. In this backdrop, the stamps department has prepared a list of almost 100 celebrities and companies which have signed endorsement contracts but have not paid any stamp duty on these deals. As per rules, these celebrities would have to pay 0.25% or a maximum of Rs 10 lakh on the deal amount, said officials. The prominent celebrities served with the stamp duty notices include Kareena Kapoor (Rs 5.25 lakh), Deepika Padukone (Rs 2.94 lakh), Hrithik Roshan (Rs 2.8 lakh), Amitabh Bachchan (Rs 2.6 lakh) and Abhishek Bachchan (Rs 2.53 lakh). Sachin Tendulkar is the only sportsman on the A-list with dues of Rs 2.5 lakh, said officials. The government has simultaneously dispatched notices for payment of stamp duty to Adlabs (Rs 4.13 lakh), Star group (Rs 7.87 lakh), Yashraj Films (Rs 6.84 lakh), Rakesh Roshan's Filmkraft (Rs 8.05 lakh), Mukta Arts (Rs 7.46 lakh) and Rajshri The Economic Timess (Rs 2.42 lakh). Asked for the basis of calculating stamp duty, officials said the state had called for the original contracts signed between the production house and the stars. "We have gone through the contracts before deciding the amount,'' said a top official. Interestingly, officials admit that they get to know about most of the endorsement deals through media reports. The department said it had its own intelligence wing to gather data on such deals. Ramesh Kumar, principal secretary (relief and rehabilitation), sought to avoid any controversy over payments due from celebrities. "All of them owe a few lakhs. For the state too, the total dues are negligible considering the annual stamp duty revenue of Rs 11,000 crore,'' said Kumar. He was quick to add that the celebrities would have to follow the law and pay u



Official liquidators have to make info public: CIC
http://timesofindia.indiatimes.com/India/Official_liquidators_have_to_make_info_public_CIC_/articleshow/3756610.cms
26 Nov 2008, 0301 hrs IST, TNN
New Delhi: Information held by official liquidators -- who manage the assets of companies under liquidation -- can be made public according to the Central Information Commission (CIC). The official liquidators working under different high courts will be considered "public authority" under the RTI Act and are under an obligation to provide details to an information seeker under the transparency law. A full bench of the commission argued that since the `official liquidator' is appointed by the central government with his salary, allowances and office expenses borne from the government budget, the person holding the office will be seen as a public servant. The commission's observation came after some applicants sought information from the official liquidator in different states. The information was denied to them saying that records available with the official liquidator were court records which could not be provided to a party without the direction of the HC concerned. The CIC said the primary function of the official liquidator was to take care of the assets of companies under liquidation, their sale and realisation of all debts for the purpose of distributing them among the various creditors and other shareholders of the companies. The liquidator is also involved in finally dissolving such companies after their affairs are completely concluded. When a company is ordered for winding up by the HC, the official liquidator attached to the said HC takes possession of the company's assets, books of accounts, and liquidates the company as per the Companies Act, 1956, and timely directions of the HC. Responding to the applicants' pleas, the official liquidators of Bombay and Calcutta High Courts said that they should first file applications before the respective HCs because the records sought by them pertained to liquidation of companies. They claimed being the official liquidators, they were only custodians of the records and without the orders of the HC, they could not do anything in the matter. They pleaded that they did not exercise any independent powers and that they acted only in accordance with the directions of the court in matters relating to liquidation of a company. "The office of the official liquidator is not a part of the HC even though as an authority, it may be working under the directions of the court," observed the commission.



Regressive politics threat to statute: CJI
http://timesofindia.indiatimes.com/Regressive_politics_threat_to_statute_CJI/articleshow/3729729.cms
19 Nov 2008, 0019 hrs IST, TNN
NEW DELHI: Chief Justice of India K G Balakrishnan on Tuesday said the recent spate of violence caused by caste, religion, gender, class and regional differences was possibly a strategy to polarise the electorate. Terming this strategy as "regressive brand of political action", the CJI said it threatened the very foundations of the country's constitutional order, that is respect for 'rule of law', 'equal treatment before the law' and 'due process of law'. Speaking at a conference for restoration of national values, Justice Balakrishnan was unusually frank in airing his views on the streak of violence that has crept into society with political patronage. Referring to the violence in several parts of the country in the last few months, the CJI said, "In many instances, such extreme measures are clearly a strategy to polarise the electorate. Agitations are resorted to on the flimsiest of reasons and public order is threatened even in circumstances where an inclusive dialogue is the best solution. Such a regressive brand of political action is threatening to undo the very foundation on which our constitutional order has been built." On corruption, he was of the view that something more was required to be done over and above the statutory provisions under Prevention of Corruption Act. But, he was pained to explain his position at a time when there had been several instances of corruption in the judiciary. "In recent months, there has been considerable anxiety on account of allegations of corruption in the higher judiciary. The judiciary is the watchdog of the rights of citizens and these instances have once again raised the question 'who will watch the watchdogs'," he said.




Patna HC clears decks for appointment of SIs in Bihar
http://www.hindu.com/thehindu/holnus/004200811261101.htm
Patna (PTI): The Patna High Court has cleared the deck for appointment of 1,510 Sub-Inspectors of police in Bihar disposing of the petition that challenged the recruitment process alleging anomalies in the result of the written examination.
A bench of Justice Navin Sinha said that since the SSC proposed to publish the rectified list of successful candidates after re-evaluating answer-sheet on the basis of correct model answer, the case stood disposed of.
The Commission in an affidavit had earlier acknowledged the errors in the model answer and had given an undertaking that a fresh list of 1,510 successful candidates would be prepared after re-evaluation.
The petition was filed by Dayashanker Prasad and a few unsuccessful candidates in the written examination, the result of which was published in May 2008.



ATS to move HC against MCOCA court decision
http://timesofindia.indiatimes.com/Mumbai/ATS_to_move_HC_against_MCOCA_court_decision/articleshow/3757223.cms
26 Nov 2008, 0116 hrs IST, Prafulla Marpakwar , TNN
MUMBAI: A day after a special MCOCA court rejected the ATS plea for police custody of key accused in the Malegaon blast case, the agency on Tuesday decided to challenge the move in the Bombay high court. "For further probe into the blast case, we need the custody of the key accused. Therefore, we have decided to file an appeal before the high court. We are waiting for a certified copy of the order. If we get it on Wednesday, we will file the appeal the same day,'' director-general of police A N Roy told TOI. On November 20, the ATS had invoked provisions of the stringent MCOCA against all the accused in the blast case. They were later produced before a special MCOCA court to seek further police custody. However, judge Y D Shinde did not accept the ATS plea and remanded the accused in judicial custody. "It's a big setback for the ATS. When we file an appeal, we will present our case,'' a senior official said. On the assurance given by national security adviser M K Narayanan and IB chief P C Haldar to veteran BJP leader L K Advani regarding the charges of torture levelled by sadhvi Pragya Singh Thakur, the official said no instructions had arrived from the Centre till now. "It's been some time since Narayanan met Advani, but the state is completely in the dark on the probe. There has been no communication from the Centre on who will conduct an inquiry into the allegations,'' the official said. The state home department feels that a central agency will conduct the inquiry. "We think a senior official from the CBI or the Intelligence Bureau will be given the sensitive job. As the allegations are against the state-controlled ATS, the probe will be given to a central agency,'' he said. prafulla.marpakwar@timesgroup.com




HC blocks roadshows
http://timesofindia.indiatimes.com/Hyderabad/HC_blocks_roadshows/articleshow/3757620.cms
26 Nov 2008, 0231 hrs IST, TNN
HYDERABAD: In a major setback for political parties, the AP High Court on Tuesday stayed the roadshows being held by them in the state. The division bench comprising Chief Justice Anil Ramesh Dave and Justice R Subhash Reddy, while hearing a petition filed by one Narendra Sharma of a voluntary organisation `Abhipraay' based in Hyderabad, directed the chief secretary, home secretary and the DGP not to accord any permissions to road shows `till further orders.' Coming at a time when the political parties are building up momentum ahead of the elections early next year, the stay is likely to throw their campaign into disarray. While the Telugu Desam and Prajarajyam parties said they will file an appeal against the stay in the high court, the Congress and Loksatta welcomed the court's decision. The CPM and CPI termed the stay as unfortunate while the Telangana Rashtra Samithi (TRS) said instead of a blanket ban, the high court should have directed the state to regulate the road shows and avoid inconvenience to the general public. TRS president is currently in Adilabad holding a road show called 'Jai Telangana Jaitra Yatra.' KCR suspended his yatra after the high court stay. It was originally scheduled to last another three days. Prajarajyam sources said their party would not be affected much by the ban as its president Chiranjeevi has already completed his road shows in all the three regions of the state barring a couple of districts in the Telangana region. The TDP is appealing against the ban as its president N Chandrababu Naidu had planned to rope in filmstar N Balakrishna and other members of the NTR clan for the roadshows in a few days time. Sharma, the petitioner, contended that these roadshows are causing lot of inconvenience to the people and that they are resulting in stampedes and deaths in several areas. All the political parties in the state were made respondents in this case. The Bench asked all of them to file their reply affidavits within a week. Each political party has to state its position on such shows in its affidavit. When the matter was heard on Tuesday, Raghunandan, counsel for Prajarajyam, raised an objection saying that it is a common practice for the parties and their leaders to go to the people in a democratic process. The bench asked him whether he had any answer for the stampedes and the resultant deaths and directed him to to file a counter stating his party's position on the matter. When the counsel still insisted that he be heard before the bench passed any order in this regard, the judges said: "File a counter and we will vacate the stay if your reply is effective." Earlier, advocate general C V Mohan Reddy insisted that the Bench pass an order in this regard as several people are looking forward for the judiciary to intervene in this matter. Pustakala Satish Kumar, counsel for the petitioner, told TOI that they were not opposed to the roadshows in toto. "There should be some guidelines on which the authorities should permit such shows." Citing traffic jams, stampedes and wall collapse incidents, he said all that he wanted was to ensure that such unfortunate incidents do not recur. There were instances where some persons were shaking hands with leaders from atop electric poles which should be discouraged, he said.





HC asks state to submit intelligence data on film ban
http://timesofindia.indiatimes.com/Mumbai/HC_asks_state_to_submit_intelligence_data_on_film_ban/articleshow/3757207.cms
26 Nov 2008, 0128 hrs IST
MUMBAI: A division bench of Chief Justice Swatanter Kumar and Justice S A Bobde on Tuesday grilled the state government over its decision to ban the film Deshdrohi.
The bench was hearing a fresh petition filed by the film's producer Kamaal R Khan in the Bombay high court. Niranjan Pandit, representing the state government, told the court that the ban was based on an intelligence report from the special branch of state CID.
The government submitted that the film's release could be opposed by Maharashtrians and cinema halls could also be attacked. The court, however, has now asked the government to support its claims by submitting relevant intelligence data on Wednesday.




HC stays BU syndicate proceedings against UVCE dean
http://timesofindia.indiatimes.com/Bangalore/HC_stays_BU_syndicate_proceedings_against_UVCE_dean/articleshow/3757189.cms
26 Nov 2008, 0214 hrs IST, TNN
Bangalore : Justice A.S.Bopanna on Tuesday stayed the further procedings pursuant to resolution of Bangalore University Syndicate Sub
committe dated November 19 and also said that any decision taken on the November 25 meeting shall not be given effect until further orders. The Judge passed this interim order on a plea by K.R.Venugopal, Dean and in charge principal of UVCE .Venugopal has challenged the disciplinary enquiry proceedings as recomonded by the sub committee appointed by syndicate to verify the authenticity of the caste and income certificate produced by him for his appointment to the Post of Lecturer under Group-B Backward Caste. The subcommittee subsequently recommended a regular disciplinary enquiry proceedings by any retired judicial officer. It also suggested that the order of suspension dated 19.9.2008 passed by the university syndicate against Dr K R Venugopal may be revoked and he may be continued as Professor in UVCE.It also said that the additional assignment assigned to Venugopal as dean and in-charge principal, UVCE may be taken up by the syndicate for consideration. Dr K R Venugopal was placed under the suspension by the university syndicate for allegedly producing fake caste certificate at time of appointment 21 years ago. A three-member sub-committee, headed by J V Rudramuny, was constituted to look into the allegations and submit report on the findings. Later, the government issued a notice to the university on its decision to suspend K R Venugopal and asked for its explaination within seven days.




CBI produce Abhaya case diary before HC
http://keralaonline.com/news/cbi-produce-abhaya-case-diary-hc_10703.html
Kochi, Wednesday, November 26, 2008: Relevant potions of the case diary relating to the Abhaya murder case was produced by the CBI before the Kerala High Court. The CBI council informed High Court that the accused has been send to the CBI custody based on solid evidence.
Meanwhile, the Ernakulam Chief Judicial Magistrate PD Soman has send a letter to High Court briefing that the CJM had thoroughly gone through the case diary before leaving the three accused in CBI custody.




Indian IT-BPO union to litigate against industry
http://www.itexaminer.com/indian-it-bpo-union-to-litigate-against-industry.aspx
Extended working hours affect performance
By Subhankar Kundu @ Wednesday, November 26, 2008 8:51 AM
The Indian IT-BPO union, Union for Information & Technology Enabled Services (UNITES) is gearing up to file a public interest litigation (PIL) against the policy of extended working hours allegedly followed by IT and BPO companies operating in India .
UNITES alleged that over the past couple of months, these firms have been imposing the longer working hours on their employees. If UNITES’ allegations are to be believed, then it implies a violation of Indian Factories Act, 1948 which outlines the limit daily working duration to only eight hours.
Speaking to IT Examiner over the phone, UNITES India secretary general, R Karthik Shekhar said, “The labour law in India allows an eight-hour working day, whereas in most IT companies in India people are involuntarily working for over 12 hours daily which is a violation of the same law”.
Shekhar further informed, “The lawyers are working on the matter and collecting all the data. Right now, before we file, we need to collect all the data, as it has happened across the globe. Once, we are done with documentation part; our lawyers will be filing the PIL”.
The first of its kind in India, UNITES has also acquired affiliation from the Indian National Trade Union Congress (INTUC). The union is an Indian arm of the Union Network International (UNI), which has over 16 million workers in 13 different sectors from 163 countries.
Connecting this alleged move from the players with the ongoing lay-offs, Karthik said that some firms have this double standard as they are laying-off employees for not having enough projects. He questioned that if there are not enough projects and then what are these employees working for in their extended working hours?
UNITES doesn’t provide cushion to NASSCOM. Maintaining the same line, it has demanded clarification from the industry body.
The much-talked about best HR practices in IT companies can come under the storm of strong criticism with their alleged present stance.
A BPO employee from Convergys said, “We sometimes need to work on overtime basis but that’s definitely not a forced one. Moreover, my company makes adequate payment for the extra working hours. We don’t have any complaint against them”.
A terminated BPO employee from 24 customer said, “Some of the companies put too much pressure which results to performance dipping. They must do something about their “best” HR practices”.
Nasscom Chairman, Ganesh Natarajan has reportedly said that he believes stressing on imcreased input is always a mistake as the industry needs to focus on more productivity and value addition on the output side.
Nasscom is expected to come out with guidelines on the working hours matter. On asking to name few companies that are imposing extended working hours, Shekhar said, “I am not going to comment on that but come companies are definitely doing that. Whatever is the reason, the trend has been that they have to put in extra hours and we don’t want that to become a norm. We want to point out the employees who have been sacked for performance issues. You have an employee, who doesn’t get enough rest or sleep or recreation, in such cases, the performance will definitely some down”.




IT-BPO union to file PIL against 'extended' working hours
http://www.business-standard.com/india/news/it-bpo-union-to-file-pil-against-extended-working-hours/00/39/341382/
Bibhu Ranjan Mishra / Bangalore November 26, 2008, 0:31 IST

The Indian arm of the Union for Information & Technology Enabled Services (UNITES) is planning to file a public interest litigation (PIL) against the alleged “arbitrary policy’ of many Indian and multinational IT/ITeS firms in India who have, for the past two months, reportedly been enforcing longer working hours that violate the daily eight-hour working mandate of the Indian Factories Act, 1948.
UNITES, the country’s first union in the IT-BPO sector, is affiliated to the Indian National Trade Union Congress (Intuc). It claims to have around 10 per cent of the total IT-BPO workforce of 2 million as members, and said the numbers have been dramatically rising over the last two months on the back of lay-offs in the sector. The union is also part of Union Network International (UNI), which has over 16 million workers in 13 different sectors from 163 countries.
IT firms, on their part, insist that the Act is not being violated since IT workers have to work for 48 hours a week — eight hours daily for six days. However, since most IT firms have a five-day working week, they work longer hours, hence the misconception.
But some IT-BPO employees and UNITES are not buying the story. “The labour law in India allows an eight-hour working day, whereas in most IT companies in India people are involuntarily working for over 12 hours daily,” R Karthik Shekhar, UNITES’ secretary general for India told Business Standard.
He added that the increase of daily working hours from eight to almost 10 hours by Indian and multinational companies officially is “a double standard by the IT firms, who, on the one hand are firing people saying they are not getting enough work, and on the other hand, forcing employees to work more since they are getting more work”.
He said UNITES has requested industry body Nasscom to step in to clarify the stance.
The IT sector in India was once the torchbearer of many best HR practices, including flexi-office hours.
However, the situation has changed on the back of a slowing economy. Global IT services firm Accenture, for instance, is reportedly planning to increase working hours by almost an hour with effect from January 1 next year. Infosys, India’s second-largest IT exporter, too, has asked its employees' to strictly abide by the duty hours that the company has fixed as 9.15 hours a day on all working days. Wipro also has stipulated 9.5 hours working hours a day, and is becoming much stricter in terms of timing.
On condition of anonymity, a team leader working with vCustomer, said: “In call centres people are used to long working hours. During peak season (December-January), they work even 14 hours a day. But now due to the ongoing crisis, expectation levels are very high. Performance is being monitored frequently.”
A software engineer with Satyam Computers, Hyderabad, added: “Earlier we could extend our project deliveries by a day or two. Now the management has mandated to deliver by the deadline otherwise it will be marked on performance sheet. Our performance is being evaluated every week. This was a norm from earlier times, but now the management is taking it seriously.”
An engineer from Orange (which does IT and BPO support for the telecom major), concurred, “Besides the long working hours, cost cutting measures are worrying us, and the company has started ferrying seven people in a cab against five earlier.”
An account manager placed with Barclays in Noida, said “The insecurity level is very high. Quality parameters have been raised and everything is monitored very closely, they are marking us down wherever they can.”
Shekhar alleges that most IT firms do not display a “standing order” (regarding the eight-hour duty), which is certified by the labour department, on a notice board at the entrance of every firm. Instead, they have the order posted on the company’s Intranet.
“I believe stressing on increased input is always a mistake — the industry needs to focus on more productivity and value creation on the output side,” said Ganesh Natarajan, Chairman, Nasscom, when contacted. He, however, did not comment on whether Nasscom would be working on fixing a limit on daily working hours for companies.
“The IT industry in India still follows the best practices it had introduced earlier. But this does not mean employees will work less. If they are being asked to stick to duty hours, this will increase the productivity,” explained Infosys Technologies HR head TV Mohandas Pai.
“Besides,” he added, “they are also being paid well to work hard. These are difficult times and if they don’t work hard then there will not be any industry left in coming days.”
(Additional reporting: Seema Sindhu)



UNITES wields PIL sword against Indian IT Cos
http://www.ciol.com/News/News-Reports/UNITES-wields-PIL-sword-against-Indian-IT-Cos/261108113103/0/
The trade union aims to protect employees from exploitation in the name of slowdown
CMN Correspondent
Wednesday, November 26, 2008
BANGALORE, INDIA: UNITES, a trade union established for the cause of the employees in Information Technology and enabled services, announced that it would file a public interest litigation against the IT firms in India, which have reportedly been enforcing long working hours on its employers. The union alleged that the extended working hours is a violation of Indian Factories Act, 1948 that states eight hours of mandate working a day. The UNITES is an affiliate to the Indian National Trade Union Congress. It has around 10 per cent IT/BPO workforce with over two million people as its members and aims to protect rights and interest of IT employees. The IT firms insisted that they have not forged over the rules, as the workers have to work only 48 hours a week – eight hours a day for six days a week. However, since most of the IT companies follow a five-day week pattern, the working hours are longer to meet the 48 hours target. But Karthik Shekar, general secretary, UNITES, disagrees with this argument. "The labour law in India allows only eight hours of work while most of the IT companies make workers work for twelve hours a day," he said CyberMedia News. He added that they would take this issue to the notice of Nasscom, the industry body and has planned to meet Nasscom on December 5, and also the IT minister. The meeting would be pertaining to the issues dealing with job cuts and various other security measures for IT professionals. Karthik Shekar added, "the IT firms are taking a double stand, as on the one hand they are firing people saying they are not getting enough work, and on the other hand, they are forcing employees to work more since they are getting more work." He said that it is not justified to make the IT and ITES employees bear extra burden in the name of the global economic slowdown. While hiring an employee the IT companies never give a stand-alone rule about the working hours and at times even offer flexible working hours. However, once the employee joins the organization, the scenario changes and all the promises about working hours are violated, he said.
How do you see the scenario? Are the Indian companies exploiting employees in the name of slowdown?
©CyberMedia News