LEGAL NEWS 01.12.2008

Victims of Terrorism
http://kafila.org/2008/11/30/victims-of-terrorism/
by mukulsharma.
The multiple terror attacks in Mumbai are unprecedented and blatantly violate the most fundamental principles of law and justice. Regrettably, as Mumbai shows today, there is a huge gap between governmental counter terror rhetoric and the reality of human security observance on the ground. Much more needs to be done to mainstream counter terror strategy and action throughout the government security system and states must demonstrate the political will and promptness to translate human security and rights commitment into action
Mumbai reminds us of such serious attacks in New York, Washington and Pennsylvania (USA) in September 2001, which amounted to crimes against humanity; in Bali, Indonesia in October 2002; in Casablanca, Morocco, in May 2003; in Madrid, Spain, in March 2004; in Saudi Arabia in June 2004, in Bedlam, the Russian Federation, in September 2004; in London, the United Kingdom in July 2005; in Amman, Jordan, in November 2005; in Egypt in April 2006; in Mumbai, in India, in July 2006; in Afghanistan in April 2007, in Iraq in February and in Algeria in August 2008. There have been other serious terror attacks in Afghanistan, Israel and the Occupied Territories, Iraq and Sri Lanka in past.
In the time of increasing peoples’ insecurity we must demand that States have a duty to protect all those under their jurisdiction. Individuals, groups and states have a duty to respect the human rights of others. Attacks by terror groups which are indiscriminate or which deliberately target civilians are grave human rights abuses and can also be crimes under international law. Certain conduct committed with the intention to destroy, in whole or in part a national, ethnical, racial or religious group can amount to genocide. Such attacks can never be justified. In India today, terror or armed groups are committing grave human rights abuses. Various reports detail them. Their perpetrators must be brought to justice, in fair proceedings that meet international human rights standards.
When hundreds of Mumbai people are killed and injured and the citizens are suffering immensely, their rights to justice, truth and reparation should also be emphasized to heal the wounds. While the state will focus on counter-terrorism policies, they must not neglect the needs and rights of victims. We have seen security forces dying to save the city, the police personals getting killed or seriously injured in saving the citizens. Now state should ensure in law and in practice the respect and protection of human rights of victims, including through dedicating adequate resources without discrimination on any ground prohibited by law.
How does the State deal with victims and their families with humanity, compassion and dignity with due respect for their privacy? How the State should acknowledge the status of victims - both the direct victims of terrorist attacks and their families, as well as to people who have suffered harm in intervening to assist victims? How should the State ensure that emergency medical and psychological assistance is available and accessible to any person having suffered mentally or physically following the terrorist attack? How should the state also ensure the availability, accessibility and provision of necessary and appropriate continuing assistance, including medical, psychological, legal, social and material to victims of terrorist attacks as well as to their families.
Following this massive terrorist attack, States have the obligation to open a prompt, thorough, effective and independent official investigation, capable of leading to the identification of the persons and groups reasonably suspected of being responsible for such act. Victims must have the right to present and challenge evidence and receive prompt information about the progress of the investigation, unless they specifically request not to. The methods, scope and results of the investigation should be made public. At all stages of the investigation and any subsequent proceedings, appropriate measures must be taken to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses.
Victims of terrorism have a right to reparation, which include compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition. Mechanisms for reparations should be easily accessible, involve a simple procedure and allow for reparation to be provided for rapidly. In some cases, states should consider establishing reparations programs to ensure that victims receive prompt, full and effective reparations.
Mumbai city and its citizens need healing touch for long. And for this to happen effectively, the State must respect and protect the freedom of expression of citizens and civil society organizations. Such individuals and groups should be able to campaign and offer assistance without any hindrance from State authorities or others. There is also a need to check any kind of direct and indirect victimization of minority communities which often suffer violence and harassment after an attack.
Following several terror attacks in the country, a wider range of counter-terrorism pronouncements and practices have came in place. Some political leaders have also claimed that the security of some can only be achieved by violating the rights of others. The voices of human rights defenders, political opposition leaders, journalists, people from minority groups and others have also been stifled. Governments have rushed through problematic laws. States have used the climate of fear created by terrorism to enhance powers to suppress legitimate political dissent, to torture detainees, subject them to enforced disappearances. Mumbai reaffirms once again that there is no other way to counter terrorism than to strengthen the national security architecture by implementing the police reforms and promoting the rule of law, respect for human rights, effective criminal justice systems and non-partisan, non-discriminatory political decisions which should constitute the fundamental basis of our common fight against terrorism. We can call on states and security bodies, in consultation with citizens, NGOs and national human rights institutions, to evolve and implement counter terror strategy with a view to ensuring that the rights of victims are respected in a framework that ensures the protection of the human rights of all.


Washing hands affects judgement
http://timesofindia.indiatimes.com/HealthSci/Washing_hands_affects_judgement/articleshow/3775840.cms
30 Nov 2008, 1351 hrs IST, PTI
LONDON: Good health is in your hands, it is often said. And, now a new study has suggested that washing hands is not only an easy way of preventing infection, but it can also affect one's moral judgement. Researchers in Britain have carried out the study and found that people who clean themselves are less judgemental — in fact, they are more likely to be lenient before making such judgements, the 'Daily Mail' reported. According to them, the findings mean jurors who wash their hands may make their verdict less severe — and what is more interesting is that people who take shower before voting may be more likely to overlook political misdemeanours. "We like to think we arrive at decisions because we deliberate, but incidental things can influence us. This could have implications when voting and when juries make up their minds," lead researcher Dr Simone Schnall said. Dr Schnall and colleagues at Plymouth University came to the conclusion after analysing the impact of washing hands on a group of people. In the study, 22 people who had washed their hands, and 22 who had not, were made to watch a disgusting scene from the film 'Trainspotting', about heroin addicts. They were then to rate how morally wrong a series of actions were on scale of one to nine with one being acceptable and seven being wrong. The actions included stealing money from a wallet, lying on a job application, cooking and eating the family dog, killing a dying plane crash survivor to avoid starvation, and abusing a kitten. All put the actions on the "wrong" side of the scale. But, in results which echo Pontius Pilate washing his hands of Christ's death, those who had washed their hands were less likely to judge the actions as harshly as those who had not, the researchers



Malegaon: Terror 'guru' in judicial custody till Dec 12
http://timesofindia.indiatimes.com/India/Malegaon_Terror_guru_in_judicial_custody_till_Dec_12/articleshow/3780958.cms
1 Dec 2008, 1855 hrs IST, PTI
MUMBAI: The mood at special MCOCA court was sombre where Dayanand Pandey, an accused in high-profile Malegaon case, was produced and sent to judicial custody till December 12. The case was being probed by Hemant Karkare, who fell victim to the bullets of militants on Wednesday night on way to Cama Hospital, south Mumbai. An exhausted-looking assistant commissioner of police ATS, Mohan Kulkarni brought Pandey, one of the main accused, before the Special Judge Y D Shinde and did not press for his further police custody. He was sent to judicial custody till December 12 in a brief hearing which lasted not more than 10 minutes. "We miss him (Karkare). We are not in a mental state to accept that he is no longer with us," Kulkarni told reporters in a choked voice. In his firm resolve, Kulkarni said the best tribute to Karkare would be to bring culprits to justice. Karkare was investigating the Malegaon case, which for the first time brought out the alleged involvement of Hindu extremists in terror strikes. A serving Lt-Col Shrikant Purohit and Sadhvi Pragya Singh Thakur have been arrested, besides nine others. "Its unfortunate that he is no longer with us. On the fateful Wednesday, Karkare was discussing the case with me and today he is no more," said special public prosecutor Rohini Salian. "But the show must go on," the government counsel said and made a statement without any elaboration that "all forces are against us."




EC notice to Rajasthan CM over violation of electoral code
http://timesofindia.indiatimes.com/India/EC_notice_to_Rajasthan_CM_over_violation_of_electoral_code/articleshow/3780759.cms
1 Dec 2008, 1750 hrs IST, IANS
NEW DELHI: The Election Commission on Monday issued notice to Rajasthan Chief Minister Vasundhara Raje Scindia for alleged violation of the model electoral code of conduct and sought her reply by Tuesday evening. Rajasthan goes to polls Dec 4 to elect a 200-member state Assembly. The notice against Scindia came after the Commission took cognizance of a report in Hindi daily Dainik Bhaskar that she gave Rs.500 to a child of Hunari Bai of village Bharia Mahuda in an election campaign meeting held at Chhoti Sarwan in Banswara district Nov 25 to solicit votes. The model code of conduct states that all parties and candidates should scrupulously avoid all activities, which are 'corrupt practices' and offence under the election law. This includes bribing of voters. "The act of bribing some persons in an election meeting is clear violation of the provisions of model code of conduct," a Commission statement said. Raje is a Bharatiya Janata Party (BJP) candidate from Jhalrapatan assembly constituency in Jhalawar district of Rajasthan. "The Election Commission hereby gives you an opportunity to explain by 5 p.m. Dec 2 as to why you disregarded and violated the model code of conduct, failing which the Commission will take further action without any further notice," the statement added.





Abhaya case: Nuns complain of CBI harassment
http://timesofindia.indiatimes.com/India/Abhaya_case_Nuns_complain_of_CBI_harassment/articleshow/3780669.cms
1 Dec 2008, 1731 hrs IST, PTI
KOCHI: Eighteen nuns and an inmate of a convent in Kottayam have approached the Kerala High Court complaining about "harassment" by the CBI, which is probing the Sister Abhaya case. Two priests and a nun have been arrested by the CBI in connection with the case. In a petition filed by Mother Superior General of the S H Mount St Joseph Generalate, Annie John and other nuns, it was stated that under the guise of investigation in the case, they were being "harassed". The nuns and the inmate are being compelled to go to distant places for interrogation, it was submitted. This is against the provisions of Criminal Procedure Code, petitioners said. "A woman police official has also been posted in the convent for observation," the petition said. This is against their faith, the petitioners submitted. The petition, which came up before a Division Bench, comprising Justices K Balakrishnan Nair and M C Harirani, has been posted to December 9. Abhaya's body was found in the well of the St Pius Convent at Kottayam on March 27, 1992.





Madhya Pradesh HC serves notice on Mumbai ATS
http://timesofindia.indiatimes.com/India/Madhya_Pradesh_HC_serves_notice_on_Mumbai_ATS/articleshow/3780419.cms
1 Dec 2008, 1700 hrs IST, PTI
INDORE: The Madhya Pradesh High Court on Monday served a notice on Mumbai anti-terrorism squad (ATS) while hearing a habeas corpus petition alleging that the ATS had illegally picked up Dilip Patidhar last month and since then his whereabouts were not known. A Division bench comprising Justices S S Samvastar and S K Waghmare has directed the Mumbai ATS to file its reply in a week's time. Ramswaroop Patidhar, brother of Dilip in the petition had said his brother was picked up in the intervening night of November 10 and 11 from here and since then he was missing. Dilip, a resident of Shanti Vihar colony, was a tenant of Ramji, an accused in the Malegaon blasts who went absconding. The Patidhar family came to know that Dilip, an electrician by profession, was taken away by the ATS officials when they went to a local police station to file a "missing" complaint, the petitioner's counsel Dipak Rawal said. "We have named the Maharashtra government and some Madhya Pradesh's police personnel as the respondents in the petition," he said, adding that his client's family even petitioned the State police's top-brass officials in connection with the case.




CVC recovers Rs40cr as fine in corruption cases
http://timesofindia.indiatimes.com/India/CVC_recovers_Rs40cr_as_fine_in_corruption_cases_/articleshow/3779325.cms
1 Dec 2008, 1338 hrs IST, PTI
NEW DELHI: The Central Vigilance Commission (CVC) has recovered Rs40.62cr as fine from government departments and public sector undertakings while investigating corruption cases up to the month of October from January this year. While the Commission advised major penalty proceedings in 1,103 cases, it also imposed major penalties against 597 officers during the period. The central watchdog, which has been mandated by the Supreme Court to monitor the issue of granting sanction for prosecution of officials in various government organisations, advised prosecution in 124 cases and the requisite orders were sanctioned in 82 cases. It also executed exoneration/closure proceedings in 1,641 cases as compared to 388 cases where vigilance clearances were granted. In its performance report for the month of October alone, the Commission initiated major penalty proceedings against 64 officers and advised major penalty proceedings against 42 officers from different state and Central departments. The Commission disposed off 312 cases and made recoveries to the tune of Rs 17.16 crore as fine during the month. The CVC launched prosecution process against six officials -- one each from Central Board of Excise and Customs (CBEC), Ministry of Personnel, PG and Pensions, Canara Bank, State Bank of Bikaner and Jaipur, Central Board of Direct Taxes (CBDT) and Department of Telecommunications.





Two women raped in India every hour
http://timesofindia.indiatimes.com/India/Two_women_raped_in_India_every_hour/articleshow/3778956.cms
1 Dec 2008, 1220 hrs IST, PTI
NEW DELHI: Every 60 minutes, two women are raped in this country.
What is more horrendous is that 133 elderly women were sexually assaulted last year, according to the latest report prepared by the National Crime Records Bureau (NCRB). A total of 20,737 cases of rape were reported last year registering a 7.2% increase over the previous year, with Madhya Pradesh becoming the "rape capital" of the country by topping the list of such incidents. Going by the NCRB statistics, two women are raped in the country every hour. Madhya Pradesh (3,010) accounted for 14.5 per cent of the total cases, with West Bengal following with 2,106 such incidents. Records of high incidence in other states are Uttar Pradesh (1,648), Bihar (1,555) and Rajasthan (1,238). The national capital had 598 cases in which 602 women were sexually assaulted. In its report 'Crime in India - 2007', the NCRB noted that offenders were known to the victims in as many as 19,188 cases (92.5 per cent) that included 6,902 incidents in which neighbours were involved. Parents or close family members were involved in 405 cases while in 1,448 cases relatives were involved. "Everywhere in this country, over 90 per cent of the victims are raped by person known to them," a senior police official said. Women in the age-group of 18 to 30 years were the largest chunk among the victims (11,984) followed by 3,530 victims in the age-group of 30-50 years. While 617 victims were below the age of 10 years, 4,507 were between 10 and 18 years, the report said. A total of 1,85,312 incidents of crime against women were reported in the country as compared to 1,64,765 in 2006, recording an increase of 12.5 per cent. Andhra Pradesh was at the top of the list of crime against women accounting for 13.3 per cent of such incidents recorded in the country followed by Uttar Pradesh with 11.3 per cent. Molestation and sexual cases also increased by 5.8 and 9.9 per cent last year. Madhya Pradesh, which had the highest number of rape cases, registered a record 6,772 incidents out of a total of 36,617 molestation cases followed by Andhra Pradesh (4406 cases). Andhra Pradesh shared the dubious distinction of having the largest number of 3,316 sexual harassment cases followed by Uttar Pradesh which had 2,882 cases. Total number of such cases in the country was 10,950. Respect for women seem to be the most worst in Andhra Pradesh which accounted for 83.5 per cent of cases under Indecent Representation of Women (Prohibition) Act of total cases across the country. Out of a total 1,200 such cases, Andhra had registered 1,005 incidents in this regard. There was a 20.3 per cent increase in cases of torture by husband and relatives with Andhra Pradesh again leading the pack with 11,335 cases out of the 62,128 incidents. West Bengal and Rajasthan were not far behind in torturing women registering 9,900 and 8,170 cases respectively. According to the report, one-fourth of the dowry death cases were reported from Uttar Pradesh (2,076 cases). Bihar came second in this list with 1,172 cases while the national capital has 138 dowry deaths last year.




All-party meet on terror differs on POTA
http://timesofindia.indiatimes.com/India/All-party_meet_on_terror_differs_on_POTA/articleshow/3777611.cms
1 Dec 2008, 0255 hrs IST, PTI
NEW DELHI: An all party meeting convened by Prime Minister Manmohan Singh to discuss the Mumbai terror strikes on Sunday night saw sharp differences on the issue of a tough anti-terror POTA like law with BJP making a strong demand for such a law and UPA opposing it tooth and nail. Several parties spoke in favour of setting up a federal agency and strengthening intelligence gathering machinery and beefing up coastal security. BJP leaders V K Malhotra and Jaswant Singh pitched for revival of POTA but the demand was shot down by UPA, which contended that despite POTA being in force, terrorists attacked Parliament when NDA was in power. The UPA allies suggested a new law minus the "draconian provisions" of POTA. Several leaders sought strong action against Pakistan for supporting terrorists to carry out violence in India with the National Conference chief Farooq Abdullah seeking a "tit for tat" action against the neighbouring country, sources said. However, no party spoke of hot pursuit or something that could lead to a conflict with Pakistan. A few leaders including LJP chief Ram Vilas Paswan sought to differentiate between a Pak-based terrorist and a Pak-supported terrorist saying that terrorists have carried out violence even in Pakistan. BJP is understood to have also raised the issue of Malegaon blast, saying that there should not be politics for the sake of votes, which triggered sharp criticism from UPA partners.




Nearly 7,000 have died since 2004: MHA
http://timesofindia.indiatimes.com/India/Nearly_7000_have_died_since_2004_MHA/articleshow/3776787.cms
30 Nov 2008, 2126 hrs IST, PTI
NEW DELHI: Nearly 7,000 people have lost their lives during the UPA government's rule since 2004 in over 25,000 incidents, according to latest data available with the Union home ministry. While the first year of the UPA government saw 6,029 incidents that claimed 1,721 lives, the number of incidents fell as also the number of casualties from the next year onwards. In 2005, there were 5,709 incidents in which 1,598 people died while in 2006 there were 5,240 attacks that left 1,352 people dead. In the following year, 4,907 incidents occurred in which 1,215 people lost their lives. This year till September one, 3,157 incidents took place in which 760 people died. The figures for the current year exclude the Mumbai terror attacks in which nearly 200 people have died. Major terror strikes during the UPA period includes the Hyderabad blasts that claimed over 40 lives, Samjhauta Express explosion in which 68 people died and Malegaon and serial train attacks in Mumbai that left over 230 dead, besides the latest Mumbai attacks. During the NDA period, which saw 36,259 incidents and 11,714 deaths, the major attacks were on Parliament House, Akshardham temple and terror strikes at an army camp in Jammu besides storming of the Jammu and Kashmir assembly.



Can government guarantee right to life?
http://timesofindia.indiatimes.com/India/Can_government_guarantee_right_to_life/articleshow/3776666.cms
1 Dec 2008, 0000 hrs IST, Dhananjay Mahapatra, TNN
He grew up watching the terror inflicted dance of death around the world, in India and around him. As a seven year-old, he did not understand the gravity of terrorism in the horrifying live pictures of the burning ‘twin towers’ crashing down and claiming thousands. He had seen teary-eyed citizens silently light candles at ground zero.
In 2006, he was aghast watching suburban trains ripped by bomb blasts in Mumbai. Overcome by emotion, he and his friends expressed solidarity with Mumbaikars by lighting candles in Delhi.
Now a teenager, he saw terror merchants snuffing out lives on the streets, in railway stations and playing their macabre game for three days holed up in prominent hotels of Mumbai. He heard the bursts of AK-47s. He saw a beaming NSG commando walking out of the hotel -- unusually poised yet high-fiving mates who played with their lives to silence the death merchants. A TV correspondent asked this commando -- "How difficult was the operation". We all knew how difficult the operation was and were about to ridicule the reporter for the stupid question, when the key figure answered, " Hamare liye kuch mushkil nahin hai (nothing is difficult for us)." The boy was stunned by this immensely positive answer. It probably erased all negative feelings generated by the continuous beaming of gory pictures 24x7 on TV. He possibly saw in the commando a protector of life, who can guarantee right to life -- the most important among our fundamental rights. He took a decision -- he will not light a candle this time for those who were killed by terrorists in Mumbai, instead he will study hard to join the Army and try for an assignment in NSG. He may mirror the thinking of many among us, for our politicians show a complete lack of seriousness and professionalism when it comes to citizens' right to life guaranteed under Article 19 of the Constitution, which also assures a right to live in a secure atmosphere. The Batla House encounter, five days after Delhi serial blasts, is a grim reminder. On September 19, Delhi Police personnel went there on a mission to pre-empt a situation, who might have turned into something similar to what happened in Mumbai. Leaving his ailing son in hospital, Inspector Mohan Chand Sharma went to take part in the mission. He was felled by the bullets of the desperadoes. The politicians, who are lavishing praise on the richly deserving bravehearts of the NSG, Army and Mumbai Police commandos today, were then among those doubting the encounter. Cops like Sharma have been dying since 1993, when Mumbai was first targeted on a massive scale -- 13 blasts and scattered firing from AK-47s by terrorists resulting in the death of 250 people. Intensity, frequency and spread of the terror attacks have increased since then. Instead of uniting the political class for a joint strategy against terrorism, disgustingly, it has led to diverse views, basically on religious lines. The supremacy of people is understood by politicians only for a few days during election time. They would do well to read this judgment in the D K Basu vs State of West Bengal case [1997 (1) SCC 416]. The Supreme Court, in this judgment, had said, "The Latin maxims -- salus populi suprema lex (the safety of the people is the supreme law) and salus republicae suprema lex (safety of the nation is the supreme law) -- coexist and are not only important and relevant but lie at the heart of the doctrine that welfare of an individual must yield to that of the community." The teenager had not read this judgment, but understood the vital importance of right to life and safety of people. The politicians, at least those who are at the helm of affairs, must have read this. Then why the dithering for a joint fight against terrorism, notwithstanding the ceremonial all-party meetings in the aftermath of a massive tragedy?




'Time spent per case is 119 mins'
http://timesofindia.indiatimes.com/Bangalore/Time_spent_per_case_is_119_mins/articleshow/3774194.cms
30 Nov 2008, 0057 hrs IST, TNN
Bangalore: If mediation has to succeed in corporate disputes, more legislative measures in company laws are needed, according to Supreme Court judge Cyriac Jospeh. At a seminar on `Scope of mediation in corporate disputes', held by the Bangalore Mediation Centre on Saturday, he said arbitration has become costlier than litigation. This, because the parties often move court unnecessarily if given a chance. "For settlement through mediation to stand, decisions must be binding on parties and should have legal validity. We need proper legislation or measures in company laws to bring in results," he explained. He also confirmed the oft-cited statement that many cases are pending in courts across the country, and that new ones outnumber those being heard. "We have 49,855 cases pending in the Supreme Court, lakhs of cases in high courts and 26 million cases in lower courts. The Karnataka High Court itself has 1.07 lakh pending cases," he said. Last year on an average, a Supreme Court judge disposed of 2,478 cases, a HC judge 2,538 cases and a trial judge 1,182 cases. "We have 10.5 judges per million people in the country, compared to 100 in the West," he said. "Now, the Supreme Court has put its seal on mediation. It will be taken up as a national programme." Ghanshyam Das, MD of NASDAQ, said mediation process and its advantages should be informed to the public. "Like the IT revolution in Industry, mediation is another revolution in the Indian legal system," he said. Justice S R Bannurmath, president of Bangalore Mediation Centre, said 6,775 cases have been referred to mediation since January 2007. "The average time spent on a case is 119 minutes," he added.





'Only 14 paise for judiciary out of Rs.100 spent by government'
http://www.sarejahanseaccha.com/2008/11/30/only-14-paise-for-judiciary-out-of-rs100-spent-by-government/
Nov 30th 2008
Chandigarh, Nov 30 (IANS) A mere 14 paise being allocated to the judiciary out of every Rs.100 spent by the government was inadequate and this would not help in improving justice delivery system in the country, Justice Arijit Pasayat of the Supreme Court said Sunday.



Marks of candidates in public exam is public document: HC
http://timesofindia.indiatimes.com/Delhi/Marks_of_candidates_in_public_exam_is_public_document_HC/articleshow/3776775.cms
30 Nov 2008, 2122 hrs IST, TNN
New Delhi: The Delhi High Court has said that marks obtained by successful candidates in examinations conducted by a government body is a public document and should be revealed under RTI Act. "Once candidates are declared successful after examination, 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 a CIC order which had directed the Commission to reveal the marks obtained by successful candidates in civil service examinations 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 it could not be revealed to a third party.





Recruitment scam exposed in HC, disposed of by govt
http://www.expressindia.com/latest-news/recruitment-scam-exposed-in-hc-disposed-of-by-govt/392614/
Nitin Jain
Posted: Dec 01, 2008 at 0133 hrs IST
Kharar Former EO tells court several illegal appointments were made in Kharar MC; Local Govt dept orders probe, withdraws it without bringing anyone to book
The Department of Local Government has reportedly shown an unusual haste in disposing of a case pertaining to a recruitment scam that surfaced in the Kharar Municipal Council (MC) earlier this year. The department’s decision to close the case file by withdrawing a thorough probe ordered earlier to fix the responsibilities of those involved in the nexus has raised many eyebrows.
Several appointments were allegedly made at the Kharar MC, throwing norms and conditions to the winds. Certain officials had allegedly appointed their near and dear ones on different posts in an “illegal” and “wrong” manner.
The scam came to light when one such appointee approached the Punjab and Haryana High Court. In her petition, Jiwan Lata, a resident of Kharar, sought the release of her salary, pension and other retirement benefits after 16 years of service, for which she claimed to have been paid only Rs 106.45.
When the court sought a reply from former Kharar MC executive officer (EO) S K Gulati, he submitted that Lata had actually worked for four days only, after which she had taken voluntary retirement. He brought to the court’s notice how Lata and others were recruited by his predecessors in an “irregular” and “illegal” manner.
Gulati said all such appointments had been cancelled soon after the alleged irregularities came to the notice of senior officials. The appointees were duly paid their dues, he told the court. Gulati said Lata had concealed this fact from the HC that she was the wife of Tarsem Lal Sharma, who was working as an accountant in the MC at the time of her appointment. Among other “illegal” appointees were Deepak Kumar, a close relative of the then EO Pawan Kumar Gupta, and Jagdish Lal, nephew of the then section officer Hans Raj.
Submitting that Lata’s petition was based on completely “false” and “fabricated” facts, Gulati said Lata’s husband had also appointed another relative and his namesake, Tarsem Lal.
While Lata, Deepak and Jagdish were appointed as clerks, Tarsem Lal was given the job of a peon/chowkidar. Gulati told the court that neither these appointments were made through the employment exchange, nor were the posts advertised in newspapers.
Not only did Lata seek benefits of her “long” service that actually never existed, she also pleaded for a job to her son on compassionate grounds, claiming she had sought voluntary retirement prior to attaining the superannuation age on medical grounds.
Gulati said Lata had also claimed all these “undue” benefits on the basis of her “backward-class” status, by mentioning the name of her father, though she had married a Brahmin much before her appointment. At the time of her appointment in 1991, Gulati said, Lata was 42 years old, which made her ineligible for the job anyway. “Moreover, she was appointed on an ad hoc basis,” he pointed out.
Gulati produced records to substantiate his claim that Lata worked for three to four days only, for which she was paid Rs 106.45.
“Even an entry was made to this effect in the MC cash book by Lata’s husband who was the MC accountant then. She never worked with the MC thereafter, and hence there is no question of paying any salary to her,” said the former EO. Gulati said Lata’s appointment letter was “totally illegal and void” as it was issued “for and on behalf of” the then MC Administrator, and not the EO who was the competent authority.
After the startling disclosures, the Director-cum-Special Secretary, Local Government, issued an order on February 6 to hold a thorough inquiry to fix responsibilities so that Lata or anyone else could not derive any undue benefit.
Finding herself cornered and fearing an “adverse” action, Lata withdrew her petition from the High Court. In his fresh orders issued recently, the Director-cum-Special Secretary, Local Government, however, directed to close the case file, paving way for Lata and all others involved in the nexus to go scot-free.



HC to decide fate of NGO plea to cut silicosis count in industries
http://www.expressindia.com/latest-news/hc-to-decide-fate-of-ngo-plea-to-cut-silicosis-count-in-industries/392755/
Gaurav Sharma
Posted: Dec 01, 2008 at 0621 hrs IST
Ahmedabad It seems Gujarat is among the worst performers in industrial health and hygiene, particularly when it comes to dealing with cases of silicosis.
In 2001, the National Institute of Occupational Health (NIOH) had submitted an affidavit in the Gujarat High Court, confirming that 92 quartz grinding workers at Chhota Udaipur were suffering from silicosis. Seven years down the line, 50 of them have died and two are critically ill. The rest are waiting for the inevitable, painful death.
Indira Pathak of Vikalp, the organisation that had filed the PIL in response to which the NIOH had submitted the affidavit, said, “The final hearing in the case is scheduled for December 4. We hope that the honourable high court will lay down strict guidelines for the silicosis-prone industries.”
According to the People’s Training and Research Centre (PTRC), Vadodara, a voluntary organisation working for occupational safety and health, almost nine districts in Gujarat have been affected by silicosis. The biggest culprits have been the glass manufacturing units, stone crushing units, ceramics, foundry and agate industries.
PTRC Director Jagdish Patel said, “The magnitude of the problem can be judged from the fact that cases of silicosis have been reported from the districts of Vadodara, Anand, Ahmedabad, Surendranagar, Junagadh, Sabarkantha, Bharuch, Panchmahals and Dahod.”
Patel further said the situation is all the more precarious in the agate industry in the Khambhat region, affecting nearly 30,000 workers. Of the 1,500 workers directly exposed to the respirable crystalline silica (RCS), there have been 121 confirmed deaths due to silicosis. Over 300 suspected silicosis patients have been identified in 23 villages of Jhalod taluka, two villages of Fatehpura taluka and one village of Dahod taluka.
The PTRC, in its investigation, has also found that the agate industry is a death trap for all the workers, as most of them work as bonded labourers for life. Even compensation after death is not forthcoming, as a majority of the workers are not covered under the Employee’s State Insurance Act.
What is silicosis?According to the World Health Organisation, silicosis is one of the oldest occupational diseases, and still kills thousands of people every year across the globe. It is an incurable lung disease caused by inhalation of dust containing free crystalline silica. The disease causes irreversible lung damage before any symptom develops. The illness it causes may continue to worsen even after exposure stops. Silicosis also reduces a patient’s immunity to tuberculosis, lung cancer, renal diseases, arthritis and the chronic obstructive pulmonary disease.



Vodafone forced to remove towers in Thane as HC dismisses petition
http://www.telecomtiger.com/PolicyNRegulation_fullstory.aspx?storyid=4820&section=S174
TT Correspondent Mumbai 01 Dec 2008
Vodafone Essar removed its towers installed atop buildings in the area surrounding the district court at Thane following a directive from the Bombay High Court. The company’s petition challenging the order of Thane Municipal Corporation (TMC) was also rejected by the HC.

TMC had passed the order after a lawyer, S S Bhutala, had flied a complaint citing that such towers posed a health risk due to radiations emitted from the tower as well as to the fact that the towers were mounted on water tank of the building.




HC raps Indian government over iron ore export issue
http://steelguru.com/news/index/2008/12/01/NzM1NDM=/HC_raps_Indian_government_over_iron_ore_export_issue.html
Express New Service reported that High Court pulled up the state India government for issuing orders for unlimited export of iron ore and fixing irrational prices. The court indicated that it would direct an independent agency to hold an inquiry into the matter.Mr PD Dinakaran chief justice and Mr VG Sabhahit justice directed the India government to submit a detailed report regarding fixing of prices and a policy on export of iron ore. The court further stated that if necessary, it would take a suo motu cognisance of the matter.A division bench headed by Mr PD Dinakaran chief justice said that "Our natural resources are being exploited and exported by individual license 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."The bench told the government advocate while adjourning a batch of petitions filed by parties including Mysore Minerals "While the market rate is INR 2,000 to INR 3,000, they finalize the deal for INR 100 a tonne. Can this doing away with natural wealth be called globalization? We don't have confidence in your officers and rather prefer an independent authority to investigate quarrying, mining and export of iron ore, besides leasing of forests for 999 years."As per report, the court expressed its displeasure over the India government order quoting low price for export of iron ore. While hearing the appeal filed by the government, the court sought information regarding the quantity of iron ore that was exported during 2003.



Former Bihar Assembly Speaker S C Jha is dead
http://www.hindu.com/thehindu/holnus/004200812011423.htm
Patna (PTI): Former Bihar Assembly Speaker Shiv Chandra Jha, who was seriously injured in a road accident about a week ago, died at the All India Instituted of Medical Sciences, on Monday. He was 76.
Jha, who was issueless, is survived by his wife.
Jha was twice elected to the state assembly from Bhagalpur constituency in 1980 and 1985 and was member of the Vidhan Parishad for two terms between 1968 and 1980.
He was a cabinet minister in the governments of Chandrashekhar Singh and Bindeshwari Dubey before being elevated to the post of Speaker in 1985.
Jha's tenure as Speaker was marred by his conflict with the then Bihar Chief Minister Bhagwat Jha Azad.
Jha had refused to declare Azad, then a member of the Vidhan Parishad, as leader of the House in the Assembly, leading to a bitter confrontation in the state's ruling Congress.
Azad's predecessors Jagannath Mishra and Bindeshwari Dubey, besides AICC Treasurer Sitaram Kesri threw their weight behind the disgruntled party legislators, who despite about a fortnight's negotiations with Central emissaries, refused to relent and Azad had to go and with him Jha too had to step down.
Jha was living in political oblivion since 1990.
He had suffered grievous head and chest injuries during his morning stroll when he was hit by a motorcycle outside his house in Barari locality of Bhagalpur town on November 23.
Jha was rushed to Patna by a Bihar government plane in an unconscious state and was later flown to Delhi by a Jetlite flight.
After battling for life for nine days, Jha died in the wee hours today.



Now, women take up arms to battle monkey menace
http://www.indianexpress.com/news/Now--women-take-up-arms-to-battle-monkey-menace/392719
Express News Service Posted: Dec 01, 2008 at 0527 hrs IST
Lucknow: The residents of Sector-B at Aliganj have taken up the task of battling monkey menace in their locality on their own.
Facing the problem for nearly a year now and with no concrete action taken by the authorities, women residents can now be seen moving around with air guns to protect themselves against the nearly 150 monkeys moving around the area day and night.
“We have been guarding ourselves with bamboo sticks, but the monkeys are not scared of such things anymore. So, we have started using air guns. They keep damaging our property. We cannot even step in our lawns and terraces,” said Mamta Pathak, a resident.
She added: “We have complained regularly to the Forest department helpline that was started recently. But we were told that as there are only two monkey catchers, they cannot come. We are now planning to file a public interest litigation (PIL) on the issue.” The monkeys could be seen moving about freely in the colony — damaging property, hanging from electricity poles and scaring people. According to the residents, despite taking precautions like putting up iron grills, the monkeys still manage to enter their houses.
“When the monkeys see us with guns, they flee. They move in groups of 20 or 30 and we have no other option but to stay in indoors in fear that they will attack us,” said Yogita Pandey, another resident.
She added: “At night, they even enter our houses. Then we have to use laser guns to scare them. Every time we step out of the house, we have to be on constant guard. We cannot even let our children go out without someone accompanying them.”
Another resident, Shashibala Tandon, said: “Even going out for morning walks has become difficult.”
Ashok Mishra, Divisional Forest Officer (DFO), Lucknow, said: “Earlier also, we have received complaints from the area and had sent our team to catch the monkeys. We had caught around 25 monkeys from the area. If the problem still persists, then we will again send our team to review the situation.”



The question of liabilty will persist
http://www.business-standard.com/india/news/the-questionliabilty-will-persist/00/06/341782/
Kumkum Sen / New Delhi December 01, 2008, 22:55 IST
While horror and anger transcends all other emotions about Mumbai’s Black Wednesday, eventually it will also raise issues of liability and damages. That the losses were occasioned by forces beyond the control of the management is not in doubt. Nonetheless, a critical issue would be: Whether these hotels were insured against acts of terrorism. It is reported that these hotels did have such cover as an add-on to their overall public liability insurance policies. But if not re-insured, the corporations may not be able to claim full benefit under the policies.
Therefore, if the insurance cover is not adequate (there is a cap of overall Rs 750 crore), would the victims or their families be able to claim damages under a tort action from the corporations? The grounds could be that the hotels were negligent in not providing adequate security to their customers.
Can the lawmakers or the government be taken to task in a public interest litigation (PIL) against the State for not having a proper policy or laws to deal with terrorism or the catastrophic damages arising from such acts, which may have been prevented, had the agencies been more vigilant? The US Congress was so beleaguered by rampant lawsuits over the failure to prevent the attacks, not to speak of the third party claims for the losses, that it passed a law putting a cap on third party liabilities and claims.
This kneejerk action may work for a nation which underwent such an experience first time round, and have put systems in place to ensure there are no repeats. In India there is no redressal or compensation mechanism. Following the events of 9/11, various governments introduced specific Terrorism Insurance laws under which, if such an incident occurs, any provisions which seeks to exclude liability for terrorism is deemed to have no effect. Such laws impose obligations on insurers to provide terrorism cover in respect of contracts and eligible properties including buildings, roads, tunnels, airports, etc. Statutorily, it also enables the insurers to obtain further reinsurances.
Pondering on these lines, can a case of criminal liability be made out against the corporations? Apparently not. To lump these tragedies in the same class as Bhopal Gas and Uphar cases would be patently unfair particularly as the hotel personnel rallied, and many of them at the cost of their lives. But some questions will persist, as the storm abates.
How could the hotel management be ignorant of the hoarding of ammunition and arms — enough to sustain the attack against police and the armed forces; this could not happen overnight . Where were they stored and who was the insider(s) conniving, and if such connivance can be established, which are the heads that will roll? Can the corporations be prosecuted, and the directors be charged as being vicariously liable?
In fact, the entire issue of criminal liability of the corporations has gained complexity with awareness about social responsibilities, environmental issues, quality issues and accountability of the company to its stakeholders and public at large, which is now integral to corporate governance.
In so far as the current government is concerned, in spite of the spate of incidents in this year itself, no action was taken except short-term tightening up of the security arrangements at vulnerable spots. The hospitality industry was complacent and did not put its act together even while the Marriot was blown up in Islamabad. An intensive security regime is inconsistent with claims of comfort, adds to establishment costs, and can be intrusive for customers.
Disaster management laws and their solutions evolve from actual experience — except we have had one too many. Except this time round it has hurt too many, not just our own inured populace , whose attitude has fomented neglect, but investors and travelers from diverse nations, whose survivors have deep pockets and may not take this lying down.
Kumkum Sen is a Partner in Rajinder Narain & Co. and can be reached at kumkumsen@rnclegal.com



South Asian meet on child rights kicks off in Kathmandu http://www.zeenews.com/southasia/2008-11-30/487339news.html
Kathmandu, Nov 30: The South Asian Regional Consultation meeting on Child Rights kicked off in Kathmandu on Sunday with the objectives of promoting child welfare and controlling trafficking of women and children. Government officials and child right activists from India, Nepal, Bangladesh, Pakistan, the Maldives and Sri Lanka are taking part in the two day meeting being organised at the joint initiatives of Save the Children, Sweden and National Human Rights Commission of Nepal (NHRC). Two little children from Nepal, boy named Karan Thapa and girl named Kalpana Lama, jointly inaugurated the opening ceremony of the meet as Prime Minister Pushpa Kamal Dahal "Prachanda" who was scheduled to open the conference could not make it due to his busy schedule. Regional cooperation and collaboration is needed to end child exploitation and trafficking and to promote child rights, said NHRC President Kedarnath Upadhyaya. He said, "Of the 37 million children born every year in South Asia 10 percent die before they reach the age of 5 due to malnutrition, poverty and poor sanitation." Gauri Pradhan, executive member of the NHRC, said trafficking in children and street children are the alarming problems of this region requiring urgent attention. Akina Shareef, representative from 'Save the Children' of Sweden, underlined the need for building strong bond of relationship among different human rights organisations working in the region for the projection and promotion of child rights and welfare. During the conference, papers are being presented on themes like Children in Armed Conflicts in South Asia, Right to Education, Challenges in South Asia and Trafficking in Children, Regional Perspective. Bureau Report



Law restrains prisoners from exercising franchise rights
http://www.dnaindia.com/report.asp?newsid=1210214
PTI
Saturday, November 29, 2008 18:49 IST
NEW DELHI: A prisoner can fight an election but he cannot cast his vote!
Strange but as the Capital city went to polls in its 69 constituencies on Saturday to elect a new government, at least 7,800 inmates of Tihar Jail did not exercise their democratic rights after being restrained by law.
"As per law, the prisoners are not allowed to cast their votes. Hence, there was no question of inmates being asked to exercise their electoral franchise," Tihar jail spokesman Sunil Gupta said.
Of a total of 12,000 prisoners lodged in Tihar jail, at least 65 per cent of them have their names listed in the Delhi electoral rolls. Though an undertrial Kashmiri lodged in Tihar on terror charges is fighting the Jammu and Kashmir Assembly elections from Bandipora segment which went to polls a few days ago, his inmates constrained by law, could not vote. Mohd Iqbal Jan, a 30-year-old businessman who is contesting on a National Panther's Party ticket, was arrested by the Delhi Police's elite anti-terror Special Cell on November 16, 2006 on charges of helping militants.
The National Human Rights Commission (NHRC) has recommended that the undertrials should be allowed to vote in the elections and the maximum period of detention per person be reduced to six months. In its draft recommendations on detention, the NHRC said the provision of right to vote "should be ensured to the undertrials".
"An undertrial in custody or who is not on bail can contest an election but does not have the right to vote. The provision of the right to vote should be ensured to the undertrials. It will have a positive impact in bringing out changes in the attitude of the undertrials and the common people," it said. "The undertrials will then be considered a part of society."



NHRC condemns terror attacks in Mumbai
http://www.thehindubusinessline.com/blnus/14272257.htm
NEW DELHI: The National Human Rights Commission on Thursday condemned the terror attacks in Mumbai and appealed to all communities to unite against terrorism without any reservation.
NHRC chairperson, Mr Rajendra Babu in a statement here said, "Terrorism is a mad violator of human Rights. A terrorist has no religion. He does not believe in the tenets of religion because no religion preaches such insane violence.''
Therefore, terrorism of whatever hue must be unequivocally condemned by all. NHRC appeals to all communities and sections of society to join in the fight against terrorism without any reservation, the statement added. - PTI