LEGAL NEWS 28.11.2008

Cops can't wait for special forces
http://timesofindia.indiatimes.com/India/Cops_cant_wait_for_special_forces/articleshow/3767288.cms
28 Nov 2008, 0453 hrs IST, Ajai Sahni
We do not have either the capability or the organization to address terrorism in India. The police has neither the manpower, nor the equipment, neither the resources nor the training to handle such situations. The effort to create special forces has resulted in units such as the National Security Guard, located at Manesar outside Delhi. But this is structurally flawed. Any counter-terrorism force that takes several hours to reach the site of attack has little utility. Terrorists have to be neutralized within the first few minutes of an attack. You cannot afford to give them three to four hours to consolidate their positions, take hostages, rig bombs, because if they do this, then the cost in terms of lives is necessarily going to be much greater. They have to be dealt with within the first few minutes. This means that capacities must be built at the level of the first responder — the police. They have to be trained, equipped and oriented to address terrorism. They can’t keep waiting for Special Forces to arrive from some other location. The truth is that nobody wants a professionally run police force. The very policemen who have now laid down their lives for the country in Mumbai were the ones who were being vilified and abused by a prominent political party over the past month in the Malegaon case. The issue was completely falsified on partisan political grounds. Every political party wants to harness the police force for its own use, and no one wants an effective, efficient force upholding the rule of law. But one thing should now be clear. You cannot have a first-class counter-terrorist response with a third-class police force. Several high-sounding political declarations have been made since the beginning of this attack. But that is what happens after each major attack. What matters is what will happen after a few days. Probably nothing. What happened after every attack in Delhi and after the Mumbai strikes in 1993 and 2006? The first days see a lot of big talk and then there’s nothing. (Dr Ajai Sahni is Executive Director, Institute for Conflict Management, New Delhi)



Hundred cops vs two terrorists
http://timesofindia.indiatimes.com/India/Hundred_cops_vs_two_terrorists/articleshow/3766736.cms
28 Nov 2008, 0000 hrs IST, TNN
MUMBAI: Following the serial train blasts of July 11, 2006, the railways promised to put in place an extensive security cover around major stations. Although many gadgets -- like hand-held detectors, door-frame detectors and CCTVs were put in place -- many other assurances never saw light of day.
The shootout on Wednesday found around 100 cops of the Railway Police Force (RPF) as well as Government Railway Police (GRP) ill-equipped to tackle two AK-47-wielding terrorists. Only six of those cops were armed with either Self-Loading Rifles (SLRs) or automatic weapons. The rest had lathis.
J N Lal, divisional railway manager of Central Railway, said no one imagined such fidayeen attacks at CST. "We were buying gadgets to tackle bomb blasts. Now we will surely think of modern weapons for our security personnel,'' said Lal.



Consumer body asks bank to pay ‘missing’ son’s mother
http://www.indianexpress.com/news/consumer-body-asks-bank-to-pay-missing-son.../391284/
Express News Service Posted: Nov 27, 2008 at 0507 hrs IST
Related Stories:
Lucknow : The State Consumer Disputes Redressal Commission in a recent judgment has held that the widowed mother of an untraceable son is entitled to claim his provident fund and gratuity, besides damages.
The principal bench of the commission has directed the Central Bank of India to pay interest and damages to Munni Devi, the mother of its employee Umesh Chandra, who went missing on June 2, 1990.
Following the incident, Munni Devi had requested the bank to release Chandra’s employee provident fund. The bank, however, insisted that it cannot release the fund unless it was proved that Chandra was dead.
Seven years later, after receiving Chandra’s succession certificate, the bank paid Munni Devi the principal amount in 2001. The interest on the amount, however, was not paid.
Munni Devi filed a complaint before the District Forum, which was dismissed on the plea that the complainant was not a consumer. Later, she appealed under the Consumer Protection Act, 1986 before the commission, whereby she was declared a consumer.
The commission in its judgment held that asking the aggrieved complainant to bring a succession certificate was a callous act on part of the bank.
The commission has directed the Central Bank of India to pay interest and damages to Munni Devi, the mother of its employee Umesh Chandra, who went missing on June 2, 1990




Salaries of Judges of the Supreme Court and High Courts Increased
http://pib.nic.in/release/release.asp?relid=45125
The Cabinet in its meeting held today decided to increase the salaries of Judges of the Supreme Court and High Courts. This revision has been necessitated because of the increase in the salaries of the Central Government employees on acceptance of the recommendations of the Sixth Central Pay Commission. The Chief Justice of India will now get a salary of Rs. 1,00,000/- p.m. plus Dearness Allowance (DA) thereon. Judges of Supreme Court and Chief Justices of High Courts will draw a salary of Rs. 90,000/- p.m. plus DA thereon whilst the Judges of High Court will draw a salary of Rs. 80,000/- p.m. plus DA thereon. This will be effective from 01.01.2006. 40% of the arrears of salary will be given in the current financial year and the balance 60 % in the next financial year. The Government has also decided to double the existing limit of both sumptuary allowance and furnishing allowance for all the Supreme Court and High Court Judges. This will be effective from 01.09.2008 Necessary Government order will issue after effecting amendment in the relevant legislation. **** SH/MDS



CJI's office is under RTI purview : CIC
http://www.indlawnews.com/Newsdisplay.aspx?375562f8-02b5-492f-90a1-e5aa457fe824
11/26/2008
The office of the Chief Justice of India—in so far as he presides over the Supreme Court-- does come under the purview of the Right to Information Act, 2005, Chief Information Commissioner Wajahat Habibullah asserted.The assertion came in the course of a talk he gave on Working of Right to Information Act Issues and Challenges at Observer Research Foundation.The Central Information Commission would hear soon some petitions pending on the issue, a Foundation statement quoted Habibullah as saying.A law officer for the Supreme Court has argued before a Commission bench that judges declaration of assets was an in-house voluntary agreement and not accessible to public under the RTI Act, an issue on which the Commission has reserved its decision.Habibullah’s remarks may be viewed in the context of a controversy sparked by CJI K G Balakrishnan’s assertion seven months ago-- April 2008-- that his office does not come under the RTI Act.A Parliamentary Committee on Ministry of Law and Justice held a few days later that all constitutional authorities, including the CJI, came under the ambit of the RTI Act.A few weeks later, the CIC said it would take up the issue in a full bench hearing soon.Habibullah’s talk also touched on other aspects of the RTI, the Foundation statement said.He told audience he had discussions with the Speaker of the Lok Sabha and Rajya Sabha secretariat to improve the flow of information on the functioning of Members of Parliament, the statement said.Habibullah said the RTI purview went beyond Central and State governments, encompassing any body which receives government funding.This, he said, included such institutions as Shiromani Gurdwara Parbandhak Committee, Distcoms, Stock Exchanges and aided schools.He stressed the need to modify government officials training which has conditioned them not to share government information with the public even though their salaries are paid by taxpayers.He dubbed the Official Secrets Act 1923 ‘complete anachronism,’ saying the Commission has suggested its repeal, without headway so far.He acknowledged that even some principal information officers were not aware of their roles, one of the issues that need to be tackled.But he said he has no doubt that the RTI Act has become a powerful tool, even for the weak and illiterate people, to get information otherwise out of reach.‘This is the Act people can use and will use,’ he said, adding that slum dwellers and women have been its largest users.He listed its utility in enforcement of the National Rural Employment Guarantee Act.The CIC stressed the urgency of bringing uniformity and homogeneity in the fees under the RTI Act to make it easier and affordable to all citizens and empowering the Commission to take contempt action in case of poor compliance.He said the applicants fear of being victimised was a real problem which ought to be addressed.UNI




Supremacy of CJI to contine in appointment of SC & HC Judges
http://www.indlawnews.com/newsdisplay.aspx?a07c4f21-d40b-4cb5-beea-33d4c30dc3b8
11/26/2008
Chief Justice of India, Justice K G Balakrishnan, made it clear that the supremacy of Supreme Court Collegium, headed by the CJI shall continue in the matter of appointment of High Court and Supreme Court judges.The CJI was speaking on the occasion of Law Day function, organised by Supreme Court Bar Association(SCBA).The CJI asserted that he has been strictly following Supreme Court judgment, laying down that the recommendation of the CJI for appointment of High Court and Supreme Court judges is binding on the government and Justice Balakrishnan went on to add that he will continue to abide by the guidelines laid down by the Supreme Court in Advocate- on-Record (AOR) Association’s case.The CJI made clear that various steps have been taken to streamline the process of election of judges, to ensure that only man of integrity and high standards are elevated to the bench.While pleading for enhancing the strength of judges in all the courts in the country to clear the backlog of pending cases, the CJI revealed that in subordinate courts, 2,63,89,840 cases were pending as on September 30,2008. Total pendency in High Courts as on November 1, 2008 was 58,35,707 cases.Allahabad High Court topped the list of high courts, having maximum pendency of cases at 8,87,402. While Sikkim High Court has the lowest pendency of 65 cases only.The apex court has over 57,000 cases pending.Union Law Minister H R Bhardwaj, who also spoke on the occasion, indicated that pay hike for the Supreme Court and high court judges is imminent as the Union Cabinet meeting is likely to be held tomorrow. Mr Bhardwaj was, however, strongly opposed to the idea of police investigation against the sitting judges and said no police constable should be sent to a judge for investigation, as it would destroy the independence of judiciary.The Law Minister reminded the judiciary that slowly and steadily the issue of more transparency in the appointment of judges was being raised by different quarters. He, however, hastened to add that it was for the judiciary to decide and the issue should be left to the CJI, as the leader of Indian Judiciary.Union Minister of State for Law K Venkatapathy pleaded for more transparency in the appointment of judges and laid emphasis on the formation of National Judicial Commission.Attorney General of India Milon K Banerjee and SCBA President P H Parekh also spoke on the occasion.UNI



High court questions NHRC's judicial power
http://legalpoint-india.blogspot.com/2008/11/high-court-questions-nhrcs-judicial.html
28 November, 2008
The Delhi High Court has asked the National Human Rights Commission to review its judicial power in view of a complaint filed by the Enforcement Directorate
The Delhi High Court has asked the National Human Rights Commission (NHRC) to review its order directing the Enforcement Directorate (ED) to pay Rs 50,000 as damages to an accused in a Foreign Exchange Regulation Act (FERA) violation case.
Justice Sunil Gaur asked the NHRC to examine its power to award damages and reconsider the order as he allowed a petition filed by the central government through the ED questioning the commission jurisdiction to pass an order on immediate relief, reports IANS.
In 2000, the NHRC directed ED to pay a compensation of Rs 50,000 to Prabhakar L Mehta on his complaint that he was being tortured by ED officials during raids at his residence in connection with an FERA violation by him in 1997.
According to the prosecution, in 1996 Mumbai-based Mehta illegally transferred foreign exchange worth more than Rs 4.60 billion from South Indian Bank, Mumbai, against a bogus import.
On Mehta's plea, the NHRC ordered an enquiry and following the enquiry report awarded an interim relief of Rs 50,000 to the victim. It asked the investigating agency to shell out the amount.Source:- http://www.igovernment.in/site/High-court-questions-NHRCs-judicial-power/
Posted by Deepak Miglani at 18:06



‘Judges must address issue of corruption in judiciary’
http://www.expressbuzz.com/edition/story.aspx?Title=%E2%80%98Judges+must+address+issue+of+corruption+in+judiciary%E2%80%99&artid=DppkbIajnXI=&SectionID=b7ziAYMenjw=&MainSectionID=ngGbWGz5Z14=&SectionName=pWehHe7IsSU=&SEO=H%20R%20Bhardwaj
Prabhakar Rao Voruganti
First Published : 28 Nov 2008 03:48:00 AM IST
Last Updated : 28 Nov 2008 10:11:16 AM IST
NEW DELHI: Union Law Minister H R Bhardwaj has said that the question of judicial independence is post-appointment.
Once he is appointed, a judge performs divine functions of dispensing justice. Whether the minister was hinting that the appointment of judges does not fall under judicial independence in the light of the controversy over the selection of judges to apex court has to be read between the lines.
Referring to the demand for primacy to the Chief Justice of India in the appointment of judges to the Supreme Court, he said “How can I switch over over-night to the earlier system? I am a dedicated servant. I will not deviate from the Advocate on Record judgment (with regard to the appointment of judges which gave equal importance to the collegium). However, there should not be any mandamus against the President of India.” Speaking as the chief guest at the Law Day organised on the lawns of the Supreme Court on Wednesday, Bhardwaj said that the issue of corruption in the judiciary is being raised everyday in the press.”But we should not precipitate it. It is for the judiciary to apply its mind and rectify the situation,” he said.
“I will not say much about corruption.
Till recently there was not a whisper of corruption in the judiciary. It is for the Chief Justice of India to dwell on it. There have been several instances of judges putting in their papers when they come under a cloud.
But if you (Press) go on writing about corruption in judiciary, public faith in it would get eroded.
Allow the judges to sort it out.
Now there is a need to insulate judges from attacks so that its prestige is maintained,” he said on Thursday.
On the issue of selection of judges to the apex court and the press writing stories about it, Bhardwaj said that the Press is doing its duty.
“It is the watchdog of democracy.
I have no grievance against them (media men),” he added.
Speaking to journalists before the function began, the Law Minister denied news reports that the government was slow in initiating steps for the impeachment of the Calcutta High Court judge Soumitra Sen.
“It is a slow process and we have to follow a big procedure,” he said.
Union Minister of State for Law and Justice K Venkatapathy, speaking at the function, said that a section of the media is not interested in highlighting the achievements of the judiciary.
“Errant behaviour on the part of a few should not be allowed to tarnish the entire image of the Indian judiciary. I am happy at the strong action taken by the Chief Justice of India,” he said.
Attorney General Milon K Banerjee said that the Supreme Court has acquired awesome powers over the years.
Judiciary has now acquired pre-eminence. In no other country in the world judiciary has seen such ascendancy as seen in India, he said.



Delhi HC lifts stay order on 'Sorry Bhai'
http://www.screenindia.com/news/Delhi-HC-lifts-stay-order-on---Sorry-Bhai--/391767/
Agencies Posted: Nov 28, 2008 at 0954 hrs IST
"Sorry Bhai!", a film on forbidden love, will release on Friday as scheduled after the Delhi High Court lifted a stay order on it after producers of the movie agreed to delete a contentious song.
The court had stayed the release till December 8 following a complaint by singer Rabbi Shergill in which he alleged that one of the film's songs was based on a composition from his album 'Avengi Ja Nahi'.
"The film will release tomorrow as originally scheduled as the ban has been lifted subject to deletion of the song and the music related to the song from the film. We have given an undertaking to do so," said a source associated with the film.
The music of the film was released last month and Shergill had moved the HC on Thursday stating that the song, 'Jalte Hain' was similar to his composition 'Ballo'.
"We are not aware that it had any similarity with Rabbi's song. The composer offered it as his original work. The film was all set for release and the stay came as a surprise to us. Thankfully, everything has been solved and the film is releasing on time. We have agreed to remove the song from the film," the source said.



Allahabad HC advocates, bar members abstain from work
http://www.indianexpress.com/news/allahabad-hc-advocates-bar-members-abstain-f.../391722/
Express News Service Posted: Nov 28, 2008 at 0409 hrs IST
Allahabad : Advocates from the Allahabad High Court and members of the Allahabad Bar Association abstained from judicial work on Thursday to protest against the Terror attacks in Mumbai.
The bar passed a resolution in this connection in the morning. The lawyers in the district courts also abstained from judicial work. Led by bar association president V C Mishra, Kesari Nath Tripathi and Vipul Tripathi, the advocates took out a silent procession from the High Court to the Civil Lines.
Former state speaker and Bharatiya Janata Party (BJP) leader Kesari Nath Tripathi held discussions with Mishra and requested him to call a meeting to discuss the prevalent situation. The leaders of the Samajwadi Party and the BJP blamed the Maharastra Government and the Centre for their failure to curb terrorism.
The election of the district bar association, meanwhile, was cancelled following irregularities in ballot papers.
Around 200 ballot papers were found at a tea stall inside the court campus. The election has
now been scheduled for November 29.



Ensure eateries do not supply drugs in the name of hookahs: HC
http://www.expressindia.com/latest-news/ensure-eateries-do-not-supply-drugs-in-the-name-of-hookahs-hc/391704/
Express news service
Posted: Nov 28, 2008 at 0539 hrs IST
Chandigarh To ensure that no eateries are allowed to supply drugs in the garb of hookahs, a division bench of the Punjab and Haryana High Court today advised the Administration to grant hookah licences sparingly and with proper verification.
The observation was made during the resumed hearing of a public interest litigation (PIL) demanding ban of hookahs in eateries. Senior standing counsel for UT Administration said the Administration has already issued a notification to ban hookahs in eateries.
During the hearing, the court also questioned the Administration if there was any designated authority where complaints of misuse of eateries could be addressed. In response to this, Gupta said any such complaint of misuse is entertained by the Estate Officer. On November 18, a division bench comprising Chief Justice Tirath Singh Thakur and Justice Jasbir Singh had expressed strong exception to allowing hookahs in eateries. Smelling foul play over the probable misuse of licences given to coffee bars by the UT Administration — which are allegedly providing drugs to youths — the HC had directed the Administration to cancel the licences of such coffee bars and prosecute the guilty.
The directions were passed in wake of a public interest litigation (PIL) demanding action against erring coffee bars for allegedly providing drugs to teenagers. Mr Beans and Mocha, located on the Madhya Marg had also come under the scanner of the HC. Mocha, meanwhile, become a party to the case. Taking note of the application, the HC has issued notices to the UT Administration and the Union of India.



HC dismisses PIL on fund misuse
http://timesofindia.indiatimes.com/Delhi/HC_dismisses_PIL_on_fund_misuse/articleshow/3766662.cms
28 Nov 2008, 0004 hrs IST, TNN
NEW DELHI : The Delhi HC on Thursday dismissed a Public Interest Litigation (PIL) accusing some non-official New Delhi Municipal Council members of misusing public funds and said it had a "limited power'' of judicial review in cases challenging decision of statutory bodies with financial implications. "There is a limited power of judicial review in cases involving a challenge the decisions of statutory bodies having financial implications....The writ court's interference would be warranted only if such accountability mechanism are non-existent, inoperative or ineffective,'' said a Division Bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar while dismissing the PIL filed by C L Devgun, a former employee of NDMC, through his lawyer Monica Arora. According to the petitioner, the non-official members including two sitting MLAs Tazdar Babbar, Vice-Chairperson, NDMC, and Ashok Ahuja, member, were getting additional residential accommodation as Council members besides their entitlement for government quarters as members of the Legislative Assembly. He also alleged that four NDMC members Sima Gulati, Mukesh Bhatt besides Babbar and Ahuja have been give chauffeur-driven official cars which is violative of the NDMC Act. The petitioner further accused Babbar and Ashok Ahuja of misusing their official positions by getting official quarters allotted in the name of Council's employees and illegally allowing their relatives to occupy them. But HC said, internal check mechanisms ought to be activated first in such cases and on the facts placed before HC didn't warrant its intervention.





HC lambasts govt, wants probe into ore exports
http://timesofindia.indiatimes.com/Bangalore/HC_lambasts_govt_wants_probe_into_ore_exports/articleshow/3766710.cms
28 Nov 2008, 0034 hrs IST, TNN
BANGALORE: Openly expressing lack of confidence in government officers, the high court on Thursday indicated it may call for a thorough probe by an independent agency like the CBI into the mining and forest lease scams. "Our natural resources are being exploited and exported by individual licence holders with the connivance of officials. While our industries like Mysore Steel are closed for want of raw material, throwing workers on the streets, iron ore is exported from everywhere, enriching foreign countries," a division bench headed by chief justice P D Dinakaran said. "While the market rate is Rs 2,000 to 3,000, they finalize the deal for Rs 100 a tonne. Can this doing away with natural wealth be called globalization? We don't have confidence in your (government) officers and rather prefer an independent authority to investigate quarrying, mining and export of iron ore, besides leasing of forests for 999 years," the bench told the government advocate while adjourning a batch of petitions filed by parties including Mysore Minerals. Doctors' strike: Govt issues notices A division bench has directed the government to proceed with the showcause notice against government hospital doctors who went on strike in the second week of November. It also asked the government to report back in four weeks about further action initiated against them. "We have given a 7-day notice to all those who participated and their reply is awaited," the government advocate told the court. S Vasudeva and B Krishna Bhat, in their PILs, have sought enforcing of provisions under the Essential Services Management Act against the doctors. "Due to the strike by nearly 4,000 doctors, patients at government hospitals were affected and many surgeries were postponed," they claimed.




Increase manual workers’ wages: HC to Banas Dairy
http://www.indianexpress.com/news/Increase-manual-workers--wages--HC-to-Banas-Dairy/391544
Express News Service Posted: Nov 28, 2008 at 0016 hrs IST
Ahmedabad : iry management has been given time till December 15 to pay the arrears/i>
In a decision that will come as a relief to nearly 500 manual workers of the Palanpur-based Banas Dairy, a division bench of the Gujarat High Court has asked the dairy in an interim order that manual workers be paid an increased salary with effect from July 2008.
In the order issued on November 25, a bench of justices Mohit Shah and Harsha Devani said that
workers whose basic salary is less than Rs 250 per month be paid Rs 800.
The new wage for workers whose basic salary is more than Rs 250 per month has been fixed at Rs 1,100 per month.
The Banas Dairy management has been given time till December 15 to pay the arrears.
The high court’s order comes while hearing a petition filed before it by the dairy from an interim order of the Industrial Tribunal, Ahmedabad, in September this year.
In the interim order, the Tribunal had directed that manual workers be given an increased salary of Rs 1,100 per month payable with arrears due from April, 2007.
The case demanding higher wages for manual workers was filed before the Industrial Tribunal by Banas Kamdar Union (BKU), a trade union that represents close to 500 blue collar workers of the union.
After the tribunal’s interim order, the Banas Dairy increased the wages of employees like clerks and supervisors by more than Rs 3,000 per month, but refused to do so for shopfloor workers.
The high court has also directed the Industrial Tribunal to dispose the wage revision matter by December 31, 2009.



Sorry, Onir, says HC on Rabbi’s plea
http://timesofindia.indiatimes.com/India_Buzz/Sorry_Onir_says_HC_on_Rabbis_plea/articleshow/3765022.cms
28 Nov 2008, 0000 hrs IST, VISHWAS GAUTAM , TNN
There’s yet another filmy controversy brewing over the film Sorry Bhai!.
The Delhi High Court on Wednesday stayed the release of the Onir-directed Chitrangda Singh-starrer after singer

Rabbi Shergill alleged that his composition was used in the film without his permission. Justice Rajiv S Endlaw, staying the release, scheduled for today, issued a notice to the film’s director, Onir, to respond to the plea by December 8. In his petition, Rabbi has alleged that a song in the film has his composition, which is a violation of the Copyright Act. Vashu Bhagnani, the producer of the film, however, says that he has no clue about whose music it is, and is willing to give Rabbi credit or payment for the song if his claim is true, but he is adamant that this is a “blackmailing tactic” and he will pay no compensation for copyright violation. Says Rabbi, “I only got to hear the song two days ago. The song in the movie is very close to one of my original compositions,” he says. “The matter is sub-judice and people from both the parties are involved in negotiations.” Ask him whether he’d settle for compensation or credit, he says, “The stage at which I could have resolved the matter has passed. Now, I will go by the advice of my lawyers. People have been delegated from both sides to sort out the issue. I’ll take their advice and abide by the decision of the court.” Vashu Bhagnani, the producer of Sorry Bhai! says, “I got to know of this a couple of days ago. I have no clue about Mr Shergill and his music. My people are in Delhi to talk to his lawyers and settle things. I know only Gaurav Dayal, who has composed the music for our film, and he has told us that it is his music, so it is between him and Rabbi to decide whose it is. The music, however, has been out for a month. How is it that Mr Shergill got to know about it only days before the release? This has become a trend of sorts – dragging filmmakers to court at the last minute. It happened earlier with Ram Sampath, who took Rakesh Roshan to court. The industry is going through a tough time, and we’re still making movies. This sort of problem is the last thing we want. I am quite clear on the issue – I am ready to give credit, I am ready to pay him the money spent on making the song, but I won’t be giving any compensation. I will not cow down to this blackmailing tactic.” (With inputs from IANS)





Is English law related to Muslim law? Posted on : 27 November 2008 by Tribhuwan C. Pandey [ Scorecard : 966]
http://www.lawyersclubindia.com/news/2008/11/is_english_law_related_to_muslim_law_.asp
Is English law related to Muslim law?By Mukul DevichandIn London's historic "Inns of Court", barristers practise law in the shadow of the distinctive medieval Temple Church. But does English law really owe a debt to Muslim law?For some scholars, a historical connection to Islam is a "missing link" that explains why English common law is so different from classical Roman legal systems that hold sway across much of the rest of Europe.It's a controversial idea. Common law has inspired legal systems across the world. What's more, calls for the UK to accommodate Islamic Sharia law have caused public outcry.The first port of call when looking for an eastern link in the common law is London's Inns of Court."You are now leaving London, and entering Jerusalem," says Robin Griffith-Jones, the Master of the Temple Church, as he walks around its spectacular rotunda.The church stands in the heart of the legal district and was built by the Knights Templar, the fierce order of monks-turned-warriors who fought Muslim armies in the Crusades.London's historic legal district, with its professional class of independent lawyers, has parallels with the way medieval Islamic law was organised.In Sunni Islam there were four great schools of legal theory, which were often housed in "madrassas" around mosques. Scholars debated each other on obscure points of law, in much the same way as English barristers do.There is a theory that the Templars modelled the Inns of Court on Muslim ideas. But Mr Griffith-Jones suggests it is pretty unlikely the Templars imported the madrassa system to England. They were suppressed after 1314 - yet lawyers only started congregating in the Inns of Court after the 1360s.Perpetual endowmentThis doesn't necessarily rule out the Templars' role altogether. Medieval Muslim centres of learning were governed under a special legal device called the "waqf" under which trustees guaranteed their independence.In an oak-panelled room in Oxford, historian Dr Paul Brand explains the significance of the 1264 statute that Walter De Merton used to establish Merton College. He was a businessman with connections to the Knights Templar.The original 1264 document that established Merton has parallels with the waqf because it is a "perpetual endowment" - a system where trustees keep the college running through the ages. It's been used as a template across the Western world.Dr Brand says many branches of Western learning, from mathematics to philosophy, owe a debt of gratitude to Islamic influence.Advanced Arabic texts were translated into European languages in the Middle Ages. But there's no record of Islamic legal texts being among those influencing English lawyers.And Dr Brand pointed out the Knights Templar were, after all, crusaders. They wanted to fight Muslims, not to learn from them, and they were rarely close enough to observe their institutions at work.But the fact remains that England in the Middle Ages had very distinct legal principles, like jury trial and the notion that "possession is nine tenths of the law". And there was one other place in Europe that had similar legal principles on the books in the 12th Century.Jury trialFrom the end of the 9th to the middle of the 11th Century, Sicily had Muslim rulers. Many Sicilians were Muslims and followed the Maliki school of legal thought in Sunni Islam.Maliki law has certain provisions which resemble English legal principles, such as jury trial and land possession. Sicily represented a gateway into western Europe for Islamic ideas but it's unclear how these ideas are meant to have travelled to England.Norman barons first invaded Sicily in 1061 - five years before William the Conqueror invaded England. The Norman leaders in Sicily went on to develop close cultural affinities with the Arabs, and these Normans were blood relations of Henry II, the English king credited with founding the common law.But does that mean medieval England somehow adopted Muslim legal ideas?There is no definitive proof, because very few documents survive from the period. All we have is the stories of people like Thomas Brown - an Englishman who was part of the Sicilian government, where he was known in Arabic as "Qaid Brun".He later returned to England and worked for the king during the period when common law came into being.There is proof he brought Islamic knowledge back to England, especially in mathematics. But no particular proof he brought legal concepts.There are clear parallels between Islamic legal history and English law, but unless new historical evidence comes to light, the link remains unproven.Below is a selection of your comments.I thought British law and juries came from Saxon law, while continental law came from Napoleonic law, which derived from Roman law. That's why they are so different.Martin, Plymouth UKThere must be some degree of compatibility between British and Islamic civil law, otherwise British companies doing business in Islamic countries would not be able to sign contracts based on the local laws. The banning of any element of gambling in financial dealings, looks like an area where we in the West might possibly have something to learn from Islamic finance. Also, large numbers of Westerners visiting and living in Islamic countries submit themselves voluntarily to Islamic law every year, so it can't be totally incompatible with "our way of life".Paul , Crawley, UKEven if we did take some ideas from Islamic schools of thought, Sharia law as it stands today is absolutely not compatible with the laws of any EU country.Franchesca Mullin, Belfast, Northern IrelandStrangely the article neglects the (surely?) most obvious possible line of influence. That is the huge influence of the Arabic philosophers (like Averroes, Al Farabi, Avicenna) on the dominant Medieval thinkers in the western tradition, like Aquinas. They even were the ones to provide Aquinas and co. with their access to Aristotle. Legal theory and jurisprudence was a big area of medieval academic interest. So, I'd have thought this would be the obvious route.Eudemus, West YorkshireA real thought provoking article. If we go into more detail, I am sure we can find more closeness, like our "welfare system" was introduced only after detail study of welfare system used by Muslim's second caliph - Umar. Like it or not, its history.Daniel, ManchesterThe middle east in the dark ages was a multi-layered melting pot of cultures, fresh ideas, laws and design. I think it's inevitable that during differing periods of occupation by opposing armies it is inevitable that some echoes of previous regimes remained either through the practical obstacles of obliterating all trace of their predecessors or just simply because something actually sounded like a good idea so remained. I think Dr Brand is a touch short sighted to think "they wanted to fight Muslims, not to learn from them". A good idea is a good idea after all and social order is a pre-requisite of any prolonged occupation. Sharia Law is something evolved from those ages in a different direction to our own. I know many liberal Muslims who laugh at it in the same way as I laugh when I see American Evangelicals healing the sick on prime time while sitting on a million bucks.Keatzey, TurkeyIt is true that many "Advanced Arabic texts were translated into European languages in the Middle Ages." However, as Bernard Lewis argues in his history of the Middle East, most of these translations were carried out by Christians rather than Muslims.Dan, OxfordMy guess is that most similarities would come from both systems drawing from Judaic law.Daniel, GuildfordPossibly more relevant was that the Normans were descended from Danish Vikings that conquered both Normandy and Sicily. Viking legal custom involved the choice for a trial by community elders, useful when settling feuds or inheritance disputes. Sicily had been Islamic, many Muslims remained and Sicily continued using Islamic law; this included the right to be judged by a group from the community. The Vikings would have been used to the concept of group judgment and not found this strange. It's also argued the idea of juries was emerging in Saxon Britain prior to the Norman invasion, a Danish influence, from Canute onwards, may again have played a part.Tim Dennell, UKIt is a fact that Islamic history and civilisation lead to centuries of advanced knowledge in so many different spheres; mathematics, physics, chemistry, astronomy to name but a few. The Arabs pursued and encouraged knowledge as ordained to by the principles of their faith. Europe did indeed learn much from their knowledge and it is a shame most people are ignorant of the richness and depth of Islamic learning.
Source : BBC - http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/magazine/7631388.stm




Officials get jail for letting sewage flow into Yamuna
Posted on : 26 November 2008 by Aravinthan Ganesan
http://www.lawyersclubindia.com/news/2008/11/officials_get_jail_for_letting_sewage_flow_into_yamuna.asp
New Delhi: The Yamuna will finally get cleaner. In a stunning instance of judicial activism, the Delhi high court on Tuesday ordered a two-week jail term for former Delhi Jal Board CEO Arun Mathur and two other top officials of the Board for their failure to prevent sewage from flowing into the Yamuna, despite assuring the court two years ago that they would take steps to prevent this. The jail order was suspended for three months. This three-month breather is for the Board to get its act together and “stop entire flow of sewage into storm water drain,” said Justice Shiv Narayan Dhingra. At present, sewage is seeping into a 4-km storm water drain along south Delhi residential colonies. With the jail term hanging on the heads of the officers, there is a very good chance that the problem that didn’t get fixed for two years will eventually get the DJB’s priority attention. The three officers have also been fined Rs 20,000 each, to be deducted from their salary immediately. A fourth officer, ex-chief engineer BM Dhaul, escaped the HC’s wrath as he has retired. TIMES VIEW The Delhi high court must be congratulated for its no-nonsense attitude. TOI has always maintained that those in public office must be held accountable and the HC’s order is a landmark step in that direction. There should be zero tolerance for this kind of callous negligence as it shows total disregard for taxpayers’ money with which our utilities are run and with which these officers are paid their salaries. Hopefully, “powerful” people will now realise that they are in fact servants of the public. Judge lashes out at Delhi Jal Board for corruption New Delhi: The Delhi High Court finally acted and jailed former Delhi Jal Board (DHB) CEO Arun Mathur and two other top officials for their failure to prevent sewage from flowing into the Yamuna. The DJB had assured the HC two years ago that it would take steps to prevent this. Commenting on the lack of responsibility, a visibly angry Justice Shiv Narayan Dhingra said, “It is only in this country that citizens have to knock at the doors of court to get relief of the kind sought here. It only shows the contempt with which normal citizens of this country are dealt by authorities, and essential facilities like sewage lines are not maintained by DJB despite repeated complaints of the citizen.” He also lashed out at the DJB for “deep-rooted corruption in the department”. The extraordinary step to imprison the then CEO Mathur, chief engineer (Drainage) RK Jain and executive engineer P Pant came on a contempt petition filed by the residents’ welfare association of Greater Kailash, a south Delhi colony. It informed the court that despite assuring the court as far back as 2006, the DJB had failed to stop the flow of sewage in their colony’s storm water drain, which flowed untreated into the Yamuna. Justice Dhingra bristled at what he viewed as the DJB’s attempts to wriggle out of this tight spot. The agency claimed it had faithfully carried out repairs but this was a case of reoccurrence of flow of sewage in the storm water drain due to fresh settlement. Lawyers for the DJB told the court that fresh tenders had already been invited to mend the sewer lines. But the court said, “Excuses are always available for those who don’t wish to work.” It also trashed the DJB’s defence that the sewer lines of certain colonies like Greater Kailash, Masjid Moth and Chirag Enclave were more than 35 years old and so susceptible to collapse. “Main trunk sewer lines are meant to last not decades but centuries since they are lifelines of cities and with them is connected the entire sewage system,” the judge said. He added: “If a department meant to look after sewer lines is unable to stop flow of sewage Yamuna river, questions can be asked about the utility of such a department.”
Source : Times of India - http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Search&Source=Find&Key=TOICH/2008/11/26/1/Ar00105.xml&CollName=TOI_CHENNAI_DAILY_2008&DOCID=95173&Keyword=(court)&skin=TOI&AppName=1&PageLabel=1%20&ViewMode=HTML&GZ=T





REFORMING LEGAL EDUCATION
Posted on : 26 November 2008 by Aravinthan Ganesan
http://www.lawyersclubindia.com/news/2008/11/reforming_legal_education.asp
PILs seek CET for admissions to law collegesReintroducing a common entrance test for law admissions, barring entry of nonstudents on the premises of law colleges and an external disciplinary committee to monitor student activities were some of the suggestions mooted in the Madras high court on Tuesday to improve the standard of legal education in the state. When a batch of public interest writ petitions expressing concern at the November 12 campus clash in the Dr Ambedkar Government Law College came up for hearing, the first bench comprising chief justice A K Ganguly and justice F M Ibrahim Kalifulla observed that a common test encouraging competition at the entry level would be in the interest of students. The bench said legal education must be serious and competitive, where merit alone should count. Earlier, advocate-general G Masilamani, who was appointed as the court’s representative to go into the issue and file a report on Tuesday, sought more time to submit it. Noting that the work was nearing completion, he asked for a day more to file it. The bench posted the matter to Thursday. During arguments, the judges said college authorities could also consider issuing identity cards and denying entry to outsiders. The possibility of appointing a sitting or district judge to function as an external disciplinary authority would also be considered. Masilamani, noting that he had received 37 representations from students, advocates and organisations, said unfettered entry and presence of more than one gate to the law college were the prime reasons for the presence of non-students on the premises. Senior advocate Sriram Panchu, who represents a group of six advocates, told the court that anything short of appointing an external disciplinary committee would not work. He also noted that the college here had 24 sections, but only 11 classrooms.
Source : Times of India –



Writ against coal import dismissed
Posted on : 26 November 2008 by Aravinthan Ganesan http://www.lawyersclubindia.com/news/2008/11/writ_against_coal_import_dismissed.asp
Chennai: The Tamil Nadu Electricity Board has told the Madras high court that there was a severe shortage of coal supply by Indian companies and that the stocks would last only for two days as on November 15. A submission to this effect was made by the board before justice K Suguna, who dismissed a writ petition that challenged the board’s tender process to import five lakh tonnes of non-coking coal from December 2008 to March 2009. The TNEB had said that its four thermal power plants met one-third of the state’s power requirement, and added that on November 15 it had stocks for only two days. The board had to arrange for imported coal expeditiously and start receiving it in the first week of December, it said. Justice Suguna dismissed the petition saying, “the government must have freedom of contract...The terms of invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract...However, the decision must be free from arbitrariness not affected by bias or actuated by mala fides.”
Source : Times of India –




No reservation on single vacancy: SC
Posted on : 26 November 2008 by Aravinthan Ganesan http://www.lawyersclubindia.com/news/2008/11/no_reservation_on_single_vacancy_sc.asp
Dismisses An Appeal Filed By Karnataka Govt Against High Court OrderThe Supreme Court has held that the rule of reservation cannot be applied to a single vacancy as it amounts to providing 100% reservation to a particular caste and is violative of constitutional provisions. A bench of Justices Altamas Kabir and Markandeya Katju dismissed an appeal filed by the Karnataka government which took the stand that even a single post can be reserved for the scheduled caste under the “roster” policy. Citing an earlier Constitution Bench ruling in the Post Graduate Institute of Medical Education and Research case, the apex court said that isolated and separate posts can exist within a cadre and if there was only one post, the same could not be set apart for a reserved candidate. In this case, the Karnataka government had refused to regularise the appointment of K Govindappa, who was appointed as a lecturer in history in an aided private college owned and managed by the Vinayaka Rural Education Society on July 10, 1994. The college situated in Tumkur district, sought regularisation of the lecturer’s appointment, but the same was refused by the government on the ground that the appointment had been made in violation of the roster policy and that he had been appointed to a post which was reserved for a scheduled caste candidate. However, the Karnataka high court held that the rule of reservation would not apply to a single post, following which the State filed an appeal in the apex court. AGENCIES Rizwanur case: SC tells Todi to surrender New Delhi: The Supreme Court on Tuesday ordered Ashok Todi, prime accused in the Rizwanur Rehman murder case, to surrender by December 1. According to reports, Todi has given an undertaking in the apex court and will surrender before a trial court in Kolkata on the said date. The SC has also stayed his arrest till the surrender deadline. Industrialist Ashok Todi, along with six others, has been chargesheeted by the CBI for alleged abetment of suicide of his sonin-law Rizwan. Besides Todi, his brother Pradeep and brother-in-law Anil Saraogi, the chargesheet names the then Deputy Commissioner of Kolkata Police Ajoy Kumar, then Assistant Commissioner of Police Sukanti Chakraborty, Sub-Inspector Krishnendu Das, and family friend of the victim S M Mohiuddin alias Pappu. A Metropolitan Magistrate in Kolkata had asked the accused to appear before it on October 27 but they had failed to abide by the order leading to the issuance of nonbailable warrant. On Nov 7, Todi moved the Supreme Court challenging the order of a Kolkata trial court issuing NBW against him and other accused. AGENCIES Sacking of IAF sergeant upheld New Delhi: Disclosure of “classified information” by a defence personnel or government servant to his wife can cost him his job if she passes it on to anti-nationals, the Supreme Court held on Tuesday. “Unfortunately, today if something is classified or confidential information, it becomes most widely circulated. Even if you had disclosed it to your office it is an offence,” a bench of justices Arijit Pasayat and Mukundakam Sharma observed. The bench passed the observation while dismissing the appeal filed by Ullash Bhattacharjee, an Indian Air Force sergeant, who was sacked by the government on February 10, 2003, after his wife Munmun Bhattacharjee was allegedly found leaking information to suspected anti-national elements. The IAF sergeant was working at Gwalior, Madhya Pradesh, in 2002 when his wife collected the confidential information from him and allegedly passed it on to their neighbours Sushil Kumar and Kailash, both alleged Pakistani intelligence agents. Bhattacharjee had appealed against the dismissal in the Delhi High Court which dismissed his plea following which he appealed in the apex court. Appearing for Bhattacharjee, counsel Aishwarya Bhati and Karan Singh Bhati claimed that he was innocent and the confession about his involvement in the leakage of confidential information was extracted from him under duress by the authorities
Source : Times of India –




No urgent acquisition of land without inviting objections:SC
Posted on : 25 November 2008 by Y.Prakash http://www.lawyersclubindia.com/news/2008/11/no_urgent_acquisition_of_land_without_inviting_objections_sc.asp
The Supreme Court has held that the Government cannot forcibly acquire private lands by invoking the "urgency clause" without inviting objections from the aggrieved persons or citing sufficient justification.A bench of Justices C K Thakker and D K Jain said this while quashing the acquisition proceedings launched by the Haryana Government to acquire private lands "for public purpose" in the State's Kheri Nangal village in Panipat district.The bench held that the acquisition proceedings sought to be launched under the "urgency clause" were not justified as the authorities had failed to cite any urgent cause for it.A company, Essco Fabs Pvt Ltd, the Panipat Teachers Housing Cooperative Society and another organisation had challenged the acquisition proceedings alleging they would be displaced as a result of the process.In this case, the Government chose to take over the land in 2001 by invoking the urgency clause under Section 17(4)of the Land Acquisition Act to acquire land for which the actual proceedings were in fact initiated in 1982.Under Section 5A of the Act it is mandatory for the Government to invite objections from the aggrieved land owners, but Section 17(4) gives discretionary powers to the authorities to acquire the land without even inviting objections.
Source : -





Appointments of Judges in Punjab & Haryana High Court
Posted on : 25 November 2008 by Y.Prakash
http://www.lawyersclubindia.com/news/2008/11/appointments_of_judges_in_punjab_and_haryana_high_court.asp
In exercise of the powers conferred by Clause (1) of article 217 of the Constitution of India, the President is pleased to appoint (i) Shri Justice Rakesh Kumar Garg, and (ii) Shri Justice Rakesh Kumar Jain, Additional Judges of the Punjab & Haryana High Court, to be Judges of the Punjab & Haryana High Court, in that order of seniority, with effect from the dates they assume charge of their respective offices



PIL dismissed against BPSC results
http://jaibihar.com/pil-dismissed-against-bpsc-results/951/
News Desk - November 26, 2008
The Patna High Court dismissed a PIL seeking scrapping of a list of 19000 preliminary test (PT) qualifiers for the Bihar Administrative Service on the ground that at least 14 of the 150 model answers, on the basis of which the objective type answer sheets were evaluated, were erroneous.
A division bench rejected the writ petition as it was not of the nature of public interest.
The PT was conducted by the Bihar Public Service Commission (BPSC) earlier this year for the 48th to 52nd batches of state civil services examination.
The last such test was conducted 5 years ago, and the 2008 PT aimed at clearing the backlog.