LEGAL NEWS 30.11.2008

Why the delay in hanging Afzal Guru?
http://timesofindia.indiatimes.com/India/Why_the_delay_in_hanging_Afzal_Guru/articleshow/3774792.cms
30 Nov 2008, 0357 hrs IST, TNN
NEW DELHI: A terrorist has been on the death row for three years now. Had he been hanged after fair trail and all due review, it might have sent out the message that India was going to be tough on terror. Since September, 2005, when SC dismissed petitions seeking review of its judgement upholding the death sentence on Afzal Guru in the December 13, 2001, Parliament attack case, the convicted terrorist has been marking time in Tihar. Why the delay? Just ahead of his execution, scheduled for October 20, 2006, Afzal’s family filed a clemency plea with the President (Abdul Kalam) who referred it to home ministry. The file was then sent to Delhi government under a provision that requires the views of the state where the crime has occurred. Delhi government has not been in any hurry to convey its view. In fact, the file has not moved at all. An impression has grown, in the meantime, that the delay is political. Afzal’s sentencing triggered protests in Kashmir. J&K politicians like Omar Abdullah and Ghulam Nabi Azad have pleaded against hanging the convict. So has the PDP. On one occasion, home minister Shivraj Patil said that hanging Afzal would prejudice India’s attempt to bring back Sarabjit, an Indian on the death row in Pakistan. Comparing Sarabjit, who India denies was a spy, and a key conspirator in the Parliament attack seemed completely out of place. Meanwhile, groups claiming that Afzal did not get a fair trial, said he did not get proper legal aid, that evidence against him was slim and he was framed by the J&K STF. The SC has dealt with the substantive points. It has noted that Afzal refused to appoint a lawyer. SC held Afzal guilty of conspiracy and planning a terror attack after knocking out his confessional statement. The evidence against Afzal is staggering. His mobile number, recovered from Mohammed, a slain terrorist who fell near Parliament’s gate No 1, was a crucial breakthrough. The court said that even minutes before the attack, three calls were made by Mohammed to Afzal. Also, there was evidence that the mobile was being exchanged between Afzal and Mohammed and other terrorists. The court noted that an instrument used by Afzal till December 12, 2001 was recovered from a dead terrorist the next day. Also, there was recovery of explosives, fake uniforms, a key laptop and identification of Afzal by a landlord of a premise where the terrorists stayed. So, what is the Delhi government’s view?





All-party meet may be right time for federal agency
http://timesofindia.indiatimes.com/India/All-party_meet_may_be_right_time_for_federal_agency/articleshow/3774773.cms
30 Nov 2008, 0348 hrs IST, TNN
NEW DELHI: Given the magnitude of the Mumbai terror strike, the government has never had a better opportunity than now to persuade states to accept the long pending proposal of setting up a federal agency, which, unlike CBI, will have direct jurisdiction to investigate crimes with national and international ramifications. This oft-quoted issue is likely to figure in the all party meeting on Sunday. The idea has been pending since 2000 when the then home minister, L K Advani, asked the K Padmanabhaiah committee on police reforms to examine the feasibility of declaring certain crimes as federal offences "to enable a central agency to undertake investigation, without any loss of time." The Padmanabhaiah committee, however, said it was opposed to the creation of such a body "for the time being" out of concern for, among other things, maintaining the federal balance. Still, the proposal returned to life in 2003 when the Justice V S Malimath committee on the criminal justice system recommended that ‘‘time has come’’ for setting up a ‘‘federal investigating agency with an India charter.’’ In a bid to soothe federal sensitivities of states, the Malimath committee said the proposed agency should have ‘‘concurrent jurisdiction’’ over federal crimes. As a corollary, ‘‘if the federal agency takes up the case for investigation, the state agencies’ role in the investigation would automatically abate.’’ Despite such a strong recommendation from the Malimath committee, Advani could not push through the federal agency proposal in the one year that was left of the NDA reign. And, by the time his successor Shivraj Patil picked up the threads of the federal agency proposal, he was confronted with an adverse recommendation from the administrative reforms commission headed by Congress leader Veerappa Moily. Suggesting an incremental charge, the Moily commission said federal crimes could be investigated by ‘‘a specialized wing in CBI’’. The Moily commission did not however explain how the deadlock is to be broken if the state declines permission to the CBI to take over the case. It remains to be seen if the government, which is under pressure to come up with a fitting response to the Mumbai terror strike, will muster the will to ignore Moily’s reservations and mobilize support across political parties and states to implement the Malimath committee’s recommendation.



Car dealer to pay Rs 1 lakh for not issuing sale papers
http://www.indianexpress.com/news/Car-dealer-to-pay-Rs-1-lakh-for-not-issuing-sale-papers/392150
Express News Service Posted: Nov 29, 2008 at 0536 hrs IST
Chandigarh: The District Consumer Disputes Redressal Forum has directed Joshi Autozone in Industrial Area to pay Rs 1 lakh as compensation for the mental and physical harassment a complainant had to go through after they failed to issue him the sales certificate of a car. The car dealers have also been directed to pay Rs 5,500 as costs of litigation.
Arvind Singh stated in his complaint that he had purchased a Tata Indigo in October 2007 for Rs 5,22,000 but was not issued a sales certificate of the vehicle.
He said the certificate was to be sent to him after 15 days. He, however, never got it despite repeated requests. It was also averred that because of the non-availability of the sales certificate, he could not get the car registered and thus, could not use it.
Joshi Auto Zone stated that at the time of purchase of the car and issuance of invoice, there were certain formalities which were left incomplete by the complainant, like residence proof and PAN identification number and were given only after reminders. It also stated that the sale certificate was sent through post.
The forum said: “It is necessary under the rules and law that the sale letter should have accompanied the vehicle when it comes out of the workshop on account of its sale to the complainant.”
Andhra Bank to refund service tax on loan, pay compensationThe District Consumer Disputes Redressal Forum has directed the Andhra Bank to refund Rs 9,562 imposed as service tax on a loan. The bank has also been directed to pay Rs 10,000 as compensation. The complainant, Shakuntala Malik, had taken a house loan of Rs 10 lakh from the bank in 2004, which was to be repaid in 60 equated monthly installments (EMIs) of Rs 19,920 starting from May 2004. After repaying 35 EMIs, the complainant decided to clear the outstanding loan by making a lumpsum payment and made a request towards the same. The bank then asked her to pay Rs 1,47,747, which included service tax and the pre-payment or administrative charges. The complainant made the payment as she was in a hurry and had to leave for the USA, but questioned the imposition of the service tax and moved the forum. The bank, in its reply, said they had levied the service tax according to the prevailing rate in nationalised banks. The forum said the bank was not authorised to levy the pre-payment or administrative charges as these instructions were issued on May 5, 2005, whereas the loan was sanctioned in April 2004.



Such small incidents happen: Maharashtra Deputy CM
http://timesofindia.indiatimes.com/India/Such_small_incidents_happen_Maharashtra_Deputy_CM/articleshow/3774274.cms
29 Nov 2008, 2335 hrs IST, PTI
MUMBAI: Maharashtra Deputy Chief Minister R R Patil on Saturday kicked off a row when he said "such small incidents happen" with reference to terror attacks in Mumbai. "Such small incidents happen..", was what Patil, who also holds the Home portfolio, told reporters, little realising his faux pas. What led to the controversy are his remarks " bade shahron mein aise ek adh hadse hote rahte hain. Woh 5,000 logon ko marne aye the lekin humne kitna kum nuksan hone diya . (Such small incidents happen in big cities. They (terrorists) came to kill 5,000 people but we ensured minimal damage)". Patil was not available for comment but sources close to him said the senior NCP leader did not mean to downplay the terror attack and that the remarks were being quoted "out of context".




Book Reviews
Consumer is King, Know Your Rights & Remedies - a book written by Rajyalakshmi Rao
http://www.indiainfoline.com/news/innernews.asp?storyId=86000&lmn=1
India Infoline News Service / Mumbai Nov 29, 2008 13:02
Rajyalakshmi Rao, Member of National Consumer Disputes Redressal Commission, Govt of India released by Hon¢ble Chief Justice of A.P Justice A.R. Dave

The Chief Justice of Andhra Pradesh High Court, Justice A.R. Dave released a book "Consumer is King, Know Your Rights & Remedies" written by Rajyalakshmi Rao, Member of National Consumer Disputes Redressal Commission here in city at IAS Officers¢ Association at Greenlands Road, Begumpet today. The book published in Telugu and Urdu languages are released along with the relaunch of English book.
Hon¢ble Justice M. Jagannadha Rao, Former Supreme Court Judge and Former Chairman of Law Commission launched Telugu book, Justice A.R. Dave re- launched English book and Hon¢ble Justice M.B. Shah, Former Judge of Supreme Court of India & Former President of National Consumer Disputes Redressal Commission released Urdu book.
Speaking immediately after the launch of the book Justic A.R. Dave, The Chief Justice of Andhra Pradesh High Court said we were taught that Consumer decides what to be manufactured, what should be the market rate of the product and how should be the supply etc. But, poor consumere can¢t do anything . He can¢t fight the mighty and big shot manufacturer. He is cheated everywhere. Thank god now we have got consumber act. The book i released now is the Mini Bhagwat Gita. If you can read you can really be an advocate on your own. The book is written in simple and lucid language, so that every one can understand and start practicing the law. Thankfully now the book is also now available in Telugu and Urdu. And he urged the author to bring out a Hindi book as well. So that every Indian can understand what are his rights as consumer and how to redress his problems. In response to his call Rajyalakshmi Rao informed that the Hindi book will be released next month.
Addressing after releasing the Telugu book Justice M. Jagannadha Rao appreciated the author for her efforts and wished her good service and more publications.
English book was earlier released in Delhi by Hon¢ble Justice K.G. Balakrishnan, Chief Justice of India. The English and Urdu version of the book is published in association with Universal Law Publishing Co. Pvt. Ltd and the Telugu version is published by Alaknanda Prachuranalu.
The release function was presided over by Justice M. Jagannadha Rao. Hon¢ble Justice Sardar Ali Khan, Former High Court Judges & Former Chairman of Minorities Commission and Hon¢ble Justice D. Appa Rao, Former High Court Judge and President of A.P State Consumer Disputes Redressal Commission also addressed the gathering and graced the function. The book release function was attneded by whose who of the city. Some of the luminaries who graced the function include family members of T. Subbarami Reddy, Film Producer D.Ramanaidu, many industrialists, high court advocates and city¢s socialites.
The author of the book Rajyalakshmi Rao, Member of National Consumer Disputes Redressal Commission hails from Andhra Pradesh. She is a daughter of late Shri Boppana Hanumantha Rao from Coastal Andhra Pradesh and was a Member of Legislative Assembly. She did her post graduation in Advertising from the University of Illinois, Urbana Champaign, USA. She has the unique distinction of being the only person who has worked in all three tiers of Consumer Protection - as a member of the District Forum, State Commission and presently the National Commission. With 17 years of experience, it is the longest stint served by anyone, which gives her the ideal insight for the common man.
Inspired by the great American Consumer Rights and the works of political activist in America Ralph Nader, the best known consumer advocate of the 20th Century. The author was impressed by his tireless efforts to increase the accountability of carmakers to the people and to improve the quality of life for Americans in areas as diverse as environment, health care, insurance, pension and disability rights. She imbibed the philosophy that big business should treat customers fairly, that citizens should be protected by the Government and generally buffered from the excesses of organized institutions of all kinds.
We all are consumers in our day to day life and to deal with many companies and use their services. Many a times consumers become objects of exploitation. The helpless consumers suffer in silence and don¢t know what to do. Acquisition of knowledge is an essential for a better quality of life. Consumer education is one of the basic rights of the little man -- consumer, enshrined in the Consumer Protection Act, 1986. For imparting such ¡consumer education¢, exposition of law in simple and lucid language is very much required. Consumer is King is the book aimed at this. The book covers various decisions rendered by the Apex Court and the National Commission which includes matters on education, insurance, medical deficiency, railways, electricity, banking, airlines, housing, unfair trade practices etc.
Consumer is King is a must-read for everyone of us so that we are aware of our rights and remedies. This book is different as put by its author Mrs. Rajyalakshmi Rao from a conventional law books or a law reporter, in the sense that in addition to presenting some selected cases representing the board sweep of the Consumer Court¢s Jurisdiction, it also reveals the author¢s conviction and personality which she brought to bear on the working of the National Commission. About four hundred people have graced the book release function. The English book is priced at Rs 295/- and Telugu book Rs 200/-. The book will be available in all leading books shops across india.




A starting point — Police reforms
http://pragmatic.nationalinterest.in/2008/11/29/a-starting-point-police-reforms/
The PM should at least get the Supreme Court order on police reforms implemented by all the states in the all-party meeting tomorrow.
You may not be interested in war but war is interested in you. ~Leon Trotsky
The Prime Minister has called for an all-party meeting tomorrow in the aftermath of the terrorist attacks in Mumbai. In the usual course, these meetings end up in a few photo-ops, a “motherhood and apple pie” joint statement and achieve nothing concrete.
In an off-blog discussion with a fellow blogger at the INI, the discussion veered around to the starting point for the short-term plan to reinforce internal security. The creation of National Security Guards, who have been at the forefront of the current anti-terrorist operations, was itself a fallout of another anti-terrorist operation 24 years ago — Operation Blue Star. A wise and fleet-footed government could perhaps channelise this opportunity provided by Mumbai terror attacks and the accompanying public outrage into something similarly concrete.
The most pressing issue that would make a small but significant start is the vexed and long-pending issue of police reform. Former DG, BSF and DGP, UP and Assam, Prakash Singh was the petitioner in the Public Interest Litigation that led to the Supreme Court’s landmark judgement on police reforms. Here is a backgrounder on the police reforms.
On 22 September 2006, the Supreme Court of India delivered a historic judgement by instructing central and state governments to comply with a set of seven directives laying down practical mechanisms to kick-start police reform. The Court’s directives seek to achieve two main objectives: functional autonomy for the police – through security of tenure, streamlined appointment and transfer processes, and the creation of a “buffer body” between the police and the government – and enhanced police accountability, both for organisational performance and individual misconduct.
The Supreme Court ordered the establishment of three institutions at the state level with a view to insulating the police from extraneous influences:
– State Security Commission to lay down broad policies and give directions relating to the preventive and service-oriented functions of the police.– A Police Establishment Board, comprising the Director-General of Police and four other senior officers to decide on all transfers, postings, promotions and other service-related matters of officers of and below the rank of Deputy Superintendent of Police. The Board was also tasked with making appropriate recommendations to the state government regarding the postings and transfers of officers of the rank of Superintendent of Police and above.– A Police Complaints Authority at the district and state level to look into allegations of misconduct by police personnel.
In addition, the apex court ordered that the Director-General of Police should be selected by state governments from the three senior-most officers empanelled for promotion to that rank by the UPSC. It further stipulated that the DGP should have a prescribed minimum tenure of two years. Police officers on operational duty in the field, like the Inspector general (IG) Zone, Deputy Inspector General (DIG) Range, SP in charge of a district and Station House Officer (SHO) should also have a minimum tenure of two years.
The Court also ordered the separation of the investigating police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. The Union government was also asked to set up a National Security Commission for the selection and placement of heads of central police organisations, upgrading the effectiveness of these forces and improving the service conditions of the personnel.
Given the “gravity of the problem” and “total uncertainty as to when police reforms would be introduced”, the Supreme Court considered that it could not “further wait for governments to take suitable steps for police reforms” and had to issue “appropriate directions for immediate compliance”. The Supreme Court required all governments, at centre and state levels, to comply with the seven directives by 31 December 2006 and to file affidavits of compliance by the 3rd of January 2007.
State government responses have varied tremendously, ranging from complying in time with the directives through executive orders, to expressing strong objections to the directives and asking the Court to review them. Others have requested the Court to grant them more time to comply with the judgment. Since January 2007 the SC has held eight hearings on this matter. On 11 January 2007, the Supreme Court cast away the objections raised and stated that its directions had to be complied with without any modification. The Court granted a three month extension to comply with four of its directives, while stating that the others had to be complied with immediately.
Despite a series of deadlines set by the court, many states filed for an extension of time to implement the directives or tabled their strong objections to the directives. On August 23, 2007, the court dismissed the review petitions filed by Tamil Nadu, Gujarat, Punjab, Maharashtra, Uttar Pradesh and Karnataka as having no merit. Shockingly, the review petition of the government of India is still pending, despite the union’s consent to the original order in September 2006.
To date, only a handful of states are compliant or almost fully compliant with the directives handed down by the court on September 22, 2006. These states include Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland. The majority of states are still only partially compliant despite over two years having passed since the original judgement. Most states are dragging their feet on making Police Reforms a reality in India.
The worst offenders are Maharashtra, Tamil Nadu and Uttar Pradesh. Maharashtra has taken the stand that the Supreme Court’s directions are “inconsistent with statutory provisions in existence.” Tamil Nadu has argued that “courts have no power to pass directions by way of judicial order to affect the legislative autonomy of the state.” Uttar Pradesh has set up a Police Reforms Commission to draft a bill that can be passed by the legislature.
Moreover, nine states have passed laws or ordinances to circumvent the implementation of the Supreme Court’s directions. These are: Bihar, Chhattisgarh, Haryana, Himachal Pradesh, Gujarat, Kerala and Rajasthan. The Bihar Police Bill 2007 is particularly perverse.
On 16 July 2008, SC again passed an order to set up a Monitoring Committee to look into the compliance by the states and union territories. It is mandated to examine the affidavits filed by the states and union territories, taking into account reported difficulties in implementation and unnecessary objections. It will report to the court after the first three months and subsequently every six months so that appropriate follow up action can be taken against the respondents. Further the court will examine the new police legislations passed after the judgment in 2006, to examine if the legislations are in compliance with the letter and spirit of the Apex court’s directions.[CHRI, TLM, CourtVerdict]
Every crisis is also an opportunity. Not many politicians in this country know this better than the current Prime Minister Manmohan Singh. He used the BoP crisis in 1991 to usher in an era of economic reforms. In the domain of internal security, he could similarly use this watershed opportunity to push in an era of police reforms. If this issue is placed on the agenda in the all-party meeting tomorrow, then no political party or the Chief Minister — whether it be Gujarat, Bihar, UP, Haryana or Maharashtra — would dare oppose it for fear of adverse public opinion and backlash. That would be a good start towards redefining internal security and the only silver lining in this dark cloud.
There cannot be a more apt way to underscore the need for police reforms than in the words of Prakash Singh himself.
The reforms, it needs to be understood, are not for the greater glory of the police. The reforms are for better security and protection of the people of the country, for upholding their human rights and generally for improving governance.



PM calls all-party meet; discussion on anti-terror law likely
http://timesofindia.indiatimes.com/India/PM_calls_all-party_meet_discussion_on_anti-terror_law_likely/articleshow/3773733.cms
29 Nov 2008, 1923 hrs IST
NEW DELHI: After the shocking Mumbai terror strikes, Prime Minister Manmohan Singh has convened an all-party meeting on Sunday in an apparent move to evolve a consensus on a tougher anti-terror law and a federal agency. The refrain in the Congress and some of its allies is that there was an urgent need for a unanimity among political parties to take terrorism head-on through appropriate laws and structures. Singh had already emphasised the immediate need to set up a Federal Investigation Agency to go after terrorist crimes like the one in Mumbai and ensure that the guilty are brought to book. The Prime Minister had asserted that "the strongest possible measures" would be taken in the fight against terror including the use of the National Security Act (NSA). While the NSA would be invoked to deal with situations of this kind, the existing laws would be tightened to ensure that there were no loopholes available to terrorists to escape the clutches of the law, he had said. The meeting has come at a time when the opposition was targeting the Congress-led coalition at the Centre for not being serious about tackling terror. "The government's non-serious approach is reinforced by reports that the Mumbai attackers arrived in the city by the sea route," Senior BJP leader L K Advani has said as his party has gone to town attacking the Congress for being "soft" on terror.



Marks of candidates in public exam is public document: HC
http://timesofindia.indiatimes.com/India/Marks_of_candidates_in_public_exam_is_public_document_HC/articleshow/3775426.cms
30 Nov 2008, 1002 hrs IST, PTI
NEW DELHI: The Delhi High Court has said that marks obtained by successful candidates in examination conducted by government body is a public document and it should be revealed under RTI Act. "Once the examination is over and candidates are declared successful, it becomes a public document which can be revealed under Right to Information Act," Justice G S Sistani said. The court's observation came while hearing a petition filed by Union Public Service Commission (UPSC) challenging CIC order which had directed the Commission to reveal the marks obtained by successful candidates in civil services examination to a third party. The court asked the counsel appearing for UPSC to take instruction from the Commission and adjourned the matter. The CIC in its order, in September, had directed the Commission to disclose the marks of successful candidates to an RTI applicant who could not qualify the entrance examination of civil services and wanted to know the marks obtained by those who qualified the exam. The Commission had refused to disclose the marks saying that it could not be revealed to a third party. The CIC, however, was not satisfied by its contention and had directed to reveal the marks to the RTI applicant. "We come to the conclusion that mark sheets of successful candidates in a public examination cannot be construed to be third party information held in confidence since it is on that basis that the very public action of appointment to public service is made," CIC had said.




HC seeks explanation from Madhira judge
http://timesofindia.indiatimes.com/Hyderabad/HC_seeks_explanation_from_Madhira_judge/articleshow/3774468.cms
30 Nov 2008, 0046 hrs IST, TNN
HYDERABAD: The AP High Court sought an explanation from junior civil judge of Madhira in Khammam district on the power theft allegations faced by him. This was followed by the slapping of a case by the Transco authorities on the junior civil judge - G Venkateswarlu for tampering with the electricity metre at his residence and causing a loss to the Transco to a tune of Rs 86,000. The civil judge then filed a review petition in the High Court which stayed all the proceedings against him. The judge has to now explain the case to the HC on the administration side.



Vodafone Essar removes towers as it fails case in both HC, SC
http://economictimes.indiatimes.com/News_by_Industry/Vodafone_removes_towers_fails_case_/articleshow/3773917.cms
29 Nov 2008, 2048 hrs IST, PTI
THANE: Vodafone Essar today removed the mobile phone signal towers following dismissal of their petition against the Thane Municipal Corporation by the Bombay High Court. Vodafone Essar had challenged the order of the Thane Municipal Corporation to remove the towers in the vicinity of the Thane district court. Apprehending threat to the society from the cell towers installed by the service providers BPL and Vodafone, a Thane lawyer S S Bhutala had filed a complaint with the Thane Municipal Corporation and wanted the towers be removed. In his complaint, the lawyer stated that the tower installed just next to the Thane district court premises not only posed a threat of radiation to members of the judiciary, but to hundreds who visit the courts daily. He wanted the Corporation to remove the towers in the city in the interest of the city itself. It was pointed out that the towers were mounted on the water tank which posed further threat to the building. The TMC administration which heard the complaint ordered the BPL and VODAFONE to remove the towers forthwith, else warned that it would pull it down. The service providers had challenged the order in the Bombay High Court which dismissed the petition and asked the corporation to go ahead with their plans to pull down the towers. The service providers did not not rest there, instead challenged the order of the High Court in the Apex court which also dismissed the appeal on Friday.








HC declares landlord's rights to be supreme
http://bestrealestate4u.blogspot.com/2008/11/hc-declares-landlords-rights-to-be.html
Posted by Real Estate 11:14 PM
Landlord-tenant relations in the Capital are governed by the Delhi Rent (Control) Act, 1958, which has been tilted in favour of tenants till now. The Delhi High Court announced that a landlord's right was supreme and even courts, leave aside the occupant cannot dictate terms'. "The landlord is the best judge of his residential requirement and the place where he has to live. It is not open for the court or the tenant to dictate in what manner he should live, where he should live nor the court can impose its own standards on the landlord," said Justice, Mr. Shiv Narayan Dhingra. This ruling comes as a major relief to thousands of landlords who are struggling to get their premises vacated.