LEGAL NEWS 13.12.2008

Friday, December 12, 2008 7:27:50 PM (IST)
B’lore: Police Not to Allow Rallies with More Than 15,000 Participants
http://www.daijiworld.com/news/news_disp.asp?n_id=54665&n_tit=B%92lore%3A+Police+Not+to+Allow+Rallies+with+More+Than+15%2C000+Participants
Daijiworld Media Network - Bangalore (SP)
Bangalore, Dec 12: Rudely jolted to realize the extent to which rallies and mammoth gatherings in the city can play havoc with the normal lives of the already harassed citizens of the city as evidenced by the last month's JD(S) rally at the anointment ceremony of H D Kumaraswamy as the state unit chief of the party, city police commissioner Shankar Bidari filed a report in the state High Court on Thursday December 11, saying that the department has decided not to allow any rallies or processions in which more than 15,000 people are expected to participate.
The High Court is hearing a public interest litigation(PIL) filed by a city-based NGO named Janagraha, which wants to put severe strictures on holding political rallies in the city. In his report, the police commissioner said, that as an interim measure and till the final verdict in the said PIL is pronounced, and taking cognizance of serious observations made by the Chief Justice, the police have decided not allow public meetings in which more than 15,000 people are expected to take part.
The policemen in drafting the said rules, have invoked provisions of section 31 of Karnataka Police Act 1963. Draft rules were filed in the High Court on November 26, and the same were revised based on observations made by the division bench of the High Court. The revised rules have now been submitted to the High Court, the commissioner said.
The report also makes it compulsory for the organizers of the rallies to obtain prior permission apart from furnishing indemnity bonds before holding them. The organizers will then be held responsible for any loss caused to the public property during such rallies.






Bombay HC directs Goa govt to file written reply on PIL on Dec 15
http://www.indlawnews.com/Newsdisplay.aspx?cc5bd3ad-6d29-4641-8760-47ea50606e21
12/12/2008
The Bombay High Court at Goa directed the state government to file its written reply on December 15, on a public interest litigation (PIL) by social activist Adv Aires Rodriges, challenging the appointment of Nilkant Harlankar and Francisco Silveira as parliamentary secretaries.The PIL also challenged conferring cabinet status to EDC chairman Agnelo Fernandes, deputy chairman of state Planning Board Wilfred D Souza and Commissioner of NRI Affairs Eduardo Faleiro.While disposing the government’s application seeking extension of period that expired on December 5, a division bench of Justices A P Deshpande and N A Britto allowed all the other respondents to file their written reply by December 15. The bench allowed Adv Rodriges to file his rejoinders by December 18. The matter will be posted for judgement thereafter.Adv Rodriges also submitted that there was an urgency in the matter, as the said appointments are a huge unnecessary burden on the state exchequer.A division bench of the High Court, consisting of Chief Justice Swatanter Kumar and Justice Nelson Britto, had on March 19 reserved the judgement after hearing the final arguments on the matter.The arguments on the PIL were initially heard by the High Court bench of Justices R M S Khandeparkar and R S Mohite on August 22, 2007. The bench had then reserved the matter for judgement.However, on August 24, the court, without passing any orders, adjourned the matter stating that it would not be appropriate to deal with the matter as a similar case relating to the validity of the appointment of parliamentary secretaries and conferment of status of cabinet ministers in the state of Assam is pending before the Supreme Court.Adv Rodriges then moved the apex court by filing a petition under Article 139-A(1) of the Constitution seeking transfer of the PIL for hearing along with the Assam case on appointment of parliamentary secretaries pending before the Supreme Court, as both the cases involved the same question of law and of general public importance.However, on October 12 last year, a division bench of the Supreme Court, comprising Justices S H Kapadia and B Sudershan Reddy, directed that the Bombay High Court at Goa should hear and decide the PIL.UNI





SC notices to centre for proper training to security forces
http://www.indlawnews.com/Newsdisplay.aspx?5f3ff686-54dc-45d1-a0d8-485c7c12a126
12/12/2008
The Supreme Court issued notices to the Union Government on a PIL seeking directions to the government to impart proper training and also to equip the security forces with modern weapons to tackle the terrorist attacks such as 26/11 Mumbai terror attacks.A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam issued notices on the petition of senior counsel Soli J Sorabjee, Attorney-General of India during the NDA regime, who contended that security forces are ill equipped to handle terror attacks and the country’s intelligence set up has virtually collapsed due to total lack of mutual coordination among various intelligence agencies in the country.The petitioner has also demanded that the Union Government should be directed to station well trained anti-terror commandos in every police district in the country or at least in every urban conglomeration in the country.UNI





voice and data - does netiquette cross cultures?
http://www.emergingfutureslab.com/perspective_20/2008/12/voice-and-data-does-netiquette-cross-cultures.html
December 12, 2008
The Consumer Disputes Redressal Forum has fined Vodafone Essar a sum of Rs 20,000 for activating a 'cheap and vulgar' caller tune on lawyer Neena Chakravorty's mobile phone, without her consent. Chakravorty stated that a vulgar caller tune was activated on her phone in Dec 2007, shattering her professional personality. ~ Voice and Data, December 4th 2008
This is a good example of how every element of our communication style reflects on ourselves and our reputation, and critically, how this may differ from culture to culture. What might be merely amusing - a funky ring tone - elsewhere, could "shatter your professional personality" somewhere else.
ps. is it still called netiquette if we move into the mobile realms?



By Vaibhav Aggarwal Dec 12, 2008
Finance firm, Cholamandalam DBS has been directed by the District Consumer Disputes Redressal Forum to compensate the customer for deducting EMI twice from his bank account.
Chandigarh based, Chander Mohan filed a complaint under Consumer Protection Act against the finance company when he found that his bank account was debited two times in a month for an EMI payment. The complainant had applied for a personal loan of Rs 35000 from Cholamandalam DBS, out of which Rs 31,623 was released by the company on April 30th, 2007. He had thereby selected ECS clearance from his bank account maintained with the Central Bank of India for the repayment mode. He was asked to pay an EMI of Rs 1,894.
As per the term and conditions Cholamandalam was authorized to draw EMI from his bank account only once in a month but in the month of July 2008, it allegedly deducted the EMI twice. Following this the complainant had moved to the forum.
The forum sent a legal notice to the finance firm to present their report on the issue but there were no response and therefore the case proceeded ex parte.
While giving the verdict, forum said: "Based on records in the passbook maintained with the Central Bank of India, it is clear that two EMIs were drawn from the complainant's account in one month. We find that company had adopted unfair trade practices."
The forum has directed the company to pay s 2,100 as compensation for harassing the customer.



One more episode in the Vodafone chase
http://www.hindu.com/thehindu/holnus/001200812121322.htm
D. Murali
Chennai: In the Vodafone case that was keenly watched for the past several months, almost since August of last year, the curtain is yet to set, says Mr Pranav Sayta, Tax Partner and Tax Leader Transaction Tax, Ernst & Young. The ‘action’, if one may term it that, is set to move on to the Supreme Court of India, he adds, during the course of a recent email interaction with Business Line.
“The observations of the Bombay High Court do throw up the importance of proper tax risk management. Foreign investors should appropriately plan for and manage the tax risks while structuring, global mergers and acquisitions,” advises Mr Sayta.
Excerpts from the interview.
First, a background of the case.
To cut the chase, shares of CGP Investments, a Cayman Islands entity were transferred by Hutchison Telecommunications (HTIL), another Cayman Islands entity, to Vodafone International Holdings BV, a Netherlands entity (Vodafone NL) for $11.1 billion (approximately). Vodafone International Holdings B.V. is an indirectly wholly-owned subsidiary of Vodafone.
CGP Investments, through a chain of intermediary entities (including Mauritius entities) indirectly held 67 per cent stake in Vodafone Essar Ltd (VEL), an Indian company, engaged in cellular services.
The Indian tax authorities issued show cause notices to both the buyer Vodafone NL and VEL to show cause why it should not be treated as an ‘assessee in default’ for failure to withhold tax at source when making payment to the seller HTIL and VEL for being treated as a ‘representative assessee’. The tax demand ran into $2 billion (approximately).
The show cause notices were challenged by Vodafone NL and VEL, in a writ petition before the Bombay High Court. The writ petition of Vodafone NL now stands dismissed by the Bombay High Court (HC). The stay granted to Vodafone NL earlier has been extended by eight weeks and it is expected that Vodafone NL will move the Supreme Court. Interestingly, the HC has dismissed the writ petition by Vodafone NL alone and the writ petition of VEL is still pending before the Bombay High Court.
On the impact of the HC ruling.
It is a well accepted view, based on international tax norms, that while gain arising to a non-resident from transfer of shares in an Indian company is liable to tax in India (subject to tax treaty provisions as in some tax treaties the gain is subject to tax not in the country of source but in the country of residence), the gain arising to a non-resident from transfer outside India of shares of a foreign company to another non-resident would normally not be chargeable to tax in India, even if the underlying value is derived from assets belonging to the Indian subsidiary of the company whose shares are transferred.
A company, it must be noted, is a separate and distinct legal entity. Now the larger question that arises is, whether in the case of an Indian company indirectly held by a parent through an overseas company or special purpose vehicle (SPV), such parent company can be regarded as the owner of an asset located in India. Can transfer of shares of the overseas company or a SPV to a buyer abroad be regarded as transfer of an asset located in India? If one were to say yes, it could result in large ramifications for multinationals having widespread global operations.
Of course, based on this decision, the tax incidence if any in India arising out of the Hutch Vodafone transaction is now to be determined by the Indian tax authorities. In this context it may interesting to note the observations of the Supreme Court, in the case of Union of India vs Azadi Bachao Andolan (263 ITR 706) : An act which is otherwise valid in law cannot be treated as non est on the basis of the underlying motive.
In my view, if the shares in an Indian company are sold directly by holding companies situated in favourable tax jurisdictions such as Mauritius, Singapore, or Cyprus, then subject to treaty fulfilment (such as the LOB clause in the India-Singapore tax treaty), such capital gains cannot be brought to tax in India, as the tax treaty does not provide for its tax incidence in the country of source (i.e. India).
On the issues before the Bombay High Court.
Broadly, the Bombay High Court (HC) had to examine whether the show cause notice issued by the tax authorities was tenable in law (whether Vodafone NL could be held liable under Section 201 of the Income-Tax Act, 1961, for not withholding tax, and whether the provisions of Section 195 relating to withholding tax obligations could have extra territorial implications). It also had to examine, whether the transaction, per se (the transfer of shares of CGP Investments by HTIL to Vodafone NL) resulted in ‘taxable’ income, in India.
The HC held that prima facie the said transaction would be subject to Indian tax law, since the dominant purpose of the transaction was to acquire the controlling interest in an Indian company. Hence, the notice issued by the Indian tax authorities cannot be termed extraneous or irrelevant or erroneous on its face so as to require it to be quashed under the writ jurisdiction of the HC. However, the HC has ruled that whether the transaction was taxable in India or not must be investigated by the Indian tax authorities.
It is important to note that the HC has not given its verdict on the chargeability of the transaction to tax in India. However, it has upheld the issue of the show cause notice. In addition, while dismissing the writ petition, the High Court made some prima facie observations regarding chargeability to tax of the transaction
On the key observations made by the court.
The HC has inferred that the subject matter of the transaction between Vodafone NL and HTIL is nothing but transfer of interests, tangible and intangible, in Indian companies of the Hutch Group, in favour of Vodafone NL and not an acquisition of shares of CGP Investments.
In this context, perhaps, it is essential to take a step back and examine the chronicle sequence of events. HEL, a joint venture company of the Hutch Group (foreign investor) with the Essar Group (Indian partner), was engaged in the business of cellular services. HEL obtained a telecom licence to provide cellular services in different circles in India from November 1994. On February 11, 2007, Vodafone NL entered into an agreement with Hutch Group for acquisition of its Indian interests in HTIL. Through filings with the stock exchange and other statutory authorities in the US and Hong Kong (jurisdiction of the parent company of Vodafone NL), it was made known to shareholders of HTIL that it was selling its controlling interest in HEL for $11.1 billion (approximately) and the transaction was expected to realise an estimated before tax gain of $9.6 billion (approximately).
Vodafone NL also applied to Foreign Investment Promotion Board (FIPB) and sought approval for indirect acquisition of 52 per cent stock in the Indian entity, HEL. In May 2007, approval was granted by FIPB stipulating that there should be compliance and observance of applicable laws and regulations in India including Indian tax laws. Thereafter payments were made by Vodafone NL to HTIL for acquisition of shares of CGP Investments.
The HC observed that with the signing of the agreement by Vodafone NL in February 2007 to acquire the interests in India, a nexus to a source of income in India was clearly established, even before the actual payment in May 2007. Thus, prima facie, HTIL, by reason of this transaction, has earned income liable for capital gains tax in India as the income was earned towards sole consideration of transfer, to Vodafone NL, of its India business/ economic interests as a group.
The High Court also emphasised that representations made before FIPB, shareholders, regulatory authorities in US and Hong Kong made it clear that the Hutch Group was transferring its interest in the Indian Company.
In its order the HC states: “In the instant case, the subject matter of transfer as contracted between the parties is not actually the shares of a Cayman Island Company, but the assets situated in India”.
Moreover, while Vodafone NL has admitted acquiring cumulatively 67 per cent controlling interest in HEL, it has failed to produce the original agreement dated February 11, 2007, and other related agreements/ documents either to the HC or to the Indian tax authorities, in spite of repeated demands made by the latter. In the absence of these agreements, the HC observed that it would be impossible to ascertain the true nature of the transaction. Thus the High Court observed that it was left with no option but to draw an adverse inference against Vodafone NL since there was withholding of best evidence, even assuming that the onus of proof does not lie on Vodafone NL.
On the principle of the ‘Effects Doctrine’ brought out by the HC in its order.
In its judgment, the HC accepted the American principle of ‘Effects Doctrine’ put forth by the Indian tax authorities. This principle states that “Any country may impose liabilities, even upon persons not within its allegiance, for conduct outside its borders that has consequences within its borders which the country represents.” Reliance was also placed on certain Supreme Court decisions on applying this principle to hold that even though an agreement is executed outside India, if it has an impact in India, India would have the jurisdiction to impose tax liabilities.
Detaxification.blogspot.com



UN chief asks Human Rights Council not to ignore worst abusers
http://www.hindu.com/thehindu/holnus/001200812131410.htm
New York, (PTI) : United Nations Secretary-General Ban Ki-moon has called on Geneva-based Human Rights Council to rise above "partisan posturing and regional divides" and review record of every state with regard to rights abuses.
The call during special session held by the Council to commemorate 60th anniversary of Universal Declaration of Human Rights assumes significance in the context of human rights groups accusing the Council of ignoring "worst abusers" while concentrating its "wrath" on Israel and some western countries.
Because the worst abusers have majority, they come to the rescue of one another and thus make work of the Council farce, it had contended.
"We have come a long way since the Declaration's adoption. But the reality is that we have not lived up to its vision at least not yet," Ban told the Council.
"Abject poverty, shameful discrimination and horrific violence continue to plague millions of people. As we mark this milestone, we must also acknowledge the savage inhumanity that too many people in our world must endure. There is no time to rest," he said.
The Council, he asserted, can have a tremendous impact. "But you, its members, must rise above partisan posturing and regional divides. One way to do this is with continued vigilance in carrying out the Universal Periodic Review, which assesses the human rights records of all States. The Council must address human rights abuses wherever they occur," he added.
The Human Rights Council is an inter-governmental body within the UN system made up of 47 states tasked with promotion and protection of human rights around the world.



Three-judge panel submits report to CJI
http://www.hindu.com/thehindu/holnus/002200812131680.htm
New Delhi (PTI): A three-judge Committee formed to probe the 'cash-at-judge door' scam in Chandigarh has submitted its report to Chief Justice of India K G Balakrishnan.
A Committee comprising Justice Hemant Lakshman Gokhle (Chief Justice of Allahabad High Court), Justice K S Radhakrishnan (Chief Justice of Jammu and Kashmir High Court) and Justice Madan B Lokur (Delhi High Court) submitted the report after holding the inquiry for three-and half months.
The scam came to light in August this year when Rs. 15 lakh was taken by the clerk of a senior Haryana law officer to the residence of a judge of Punjab and Haryana High Court Justice Nirmaljit Singh Kaur.
Later it turned out that the money was meant for another judge.
Justice Nirmal Yadav of the Punjab and Haryana High Court later recused from judicial work after her name surfaced during the interrogation of the three accused in connection with the case. She is now now on leave.
Subsequently, Punjab Governor S F R Rodrigues, who is also Chandigarh Administrator General, recommended a CBI probe into the scam after consultations with High Court Chief Justice Tirath Singh Thakur.
The CJI had constituted the committee comprising two chief justices and a judge of the High Court as he felt that deeper probe was needed into the alleged scam.
The CJI, on the basis of the report, can ask the judge concerned to resign or withdraw judicial work and recommend to Prime Minister and President for the impeachment.
On August 13, the clerk of the then Additional Advocate General of Haryana Sanjiv Bansal, had delivered Rs 15 lakh at the residence of Justice Nirmaljit Kaur, who had immediately informed the Chandigarh Police.



UN confirms Afghan mass grave site disturbed
http://www.hindu.com/thehindu/holnus/003200812131612.htm
Kabul (AP): The UN confirmed a mass grave in northern Afghanistan was disturbed, raising the possibility that evidence supporting allegations of a massacre seven years ago may have been removed.
The Dasht-e-Leili grave site holds as many as 2,000 bodies of Taliban prisoners who died in transit after surrendering during one of the regime's last stands in November 2001, according to a State Department report from 2002.
McClatchy Newspapers first reported the tampering with the grave site on Thursday.
"We can confirm that the site at Dasht-e-Leili has been disturbed," said Dan McNorton, a spokesman for the U.N. Mission in Afghanistan. He declined to say how or when the site had changed, saying that details would be available in an upcoming report.
Boston-based Physicians for Human Rights, which discovered the Dasht-e-Leili site in 2002 and has performed autopsies on some of the bodies, said its researchers found two large pits at the site, both about 100 feet by 50 feet, in July that appeared to have been dug this year.
"These are real holes appearing to have been professionally dug, and signs of heavy machinery were observed," the group's deputy director, Susannah Sirkin, said.
Witnesses have claimed that forces with the US-allied Northern Alliance placed the prisoners in sealed cargo containers over the two-day voyage to Sheberghan Prison, suffocating them and then burying them en masse using bulldozers to move the bodies, according to the State Department report.



Case against GHMC
http://www.hindu.com/2008/12/13/stories/2008121359250400.htm
Staff Reporter
HYDERABAD: The Sultan Bazar police on Friday registered a criminal case against the GHMC officials responsible for demolishing the wall of a temple at Koti that led to a series of violent incidents.
Section 295 (injuring or defiling a place of worship with intent to insult religion or any class) of Indian Penal Code was invoked against the GHMC in the wall demolition case.
Seven more cases, six pertaining to damaging APSRTC buses by mobs of youths protesting the wall demolition and another in connection with the stabbing of a youth by an unidentified person near Sultan Bazar, were also registered by the police.



POTA-like law to deal with terror opposed
http://www.hindu.com/2008/12/13/stories/2008121353510300.htm
Special Correspondent
There are enough legislation to counter terrorism: activist
‘RTI, NREGA activists should work together’
‘NREGA is the only scheme mandated with social auditing’
PANAJI: Aruna Roy, social activist and a crusader of citizens’ right to information movement, on Friday opposed any moves to bring back any POTA-like legislation to counter terrorism on the ground it could result in restrictions on democratic rights available to the people.
Delivering a keynote address at a two-day national convention on right to information (RTI) here, Ms. Roy asserted, “You have enough laws to deal with terrorism. We don’t need to further restrict the democratic space. If democratic space goes, right to information goes.”
Emphasising the need for RTI activists and those working for National Rural Employment Guarantee Act to join hands in the battle for greater accountability and transparency in government programmes and fund utilisation, Ms. Roy urged the activists associated with RTI to fully back and support NREGA.
Describing NREGA as a “huge thing in itself”, Ms. Roy said, “It needs support from RTI activists because it is the only government programme which mandates right to information as a part of it.”
“The programme is mandated with social auditing which is part and parcel of RTI. This has helped expose corruption in a big way,” said the Magsaysay award-winning activist.
Success
She referred to the success of social audit campaign under NREGA in Andhra Pradesh which was instrumental in “recovering crores of rupees of the State siphoned off in the name of the poor.”
She paid glowing tributes to former Prime Minister late V.P. Singh. Describing him as a “humble and extraordinary statesman ever committed to the cause of the socially deprived”, she recalled his immense contributions to struggles of all kinds of rights of the people, his support to many movements as well as his political and active support to RTI activists in getting some of the crucial provisions of the Act implemented.
She recalled how Mr. Singh called on Prime Minister Manmohan Singh and successfully prevailed upon the latter to refrain from deleting the penalty provision meant for erring bureaucrats in the RTI Act.
Nearly 20 delegates from 14 States are participating in the convention jointly organised by the Media Information and Communication Centre of India (MICCI), the Friedrich Ebert Stiftung (FES-India) and the International Centre Goa.
The convention is culmination of the MICCI’s initiative to hold series of seminars on RTI in the country, said Nandini Sahai, Director MICCI.



Gowda for amending Anti-defection law
http://www.hindu.com/2008/12/13/stories/2008121354780500.htm
Staff Correspondent
‘It is to prevent its misuse by politicians’
Raichur: The former Prime Minister H.D. Deve Gowda on Friday said that there was a need to amend the Anti-defection law to prevent its misuse by politicians.
Addressing presspersons here, he said that politicians had been changing their political affiliation by exploiting the loopholes in the Anti-defection law. There would be no value for the people’s verdict if steps were not taken to strengthen the law.
He said that his party would raise the issue during the next Lok Sabha session and include it in its manifesto for the next elections.
Mr. Gowda said that the “misrule” by the United Progressive Alliance Government had affected the country’s economic development. The “anti-people” policies adopted by the UPA Government and the NDA Government had necessitated the formation of a third front, he added.
Condemning the terror attack in Mumbai, he said that mere condemnation would not serve any purpose. The Centre should not spare the terrorist organisations that were responsible for the act. His party would extend all support to the UPA Government in this direction.
Expressing the hope that his party would emerge victorious in the byelection to the Assembly from the eight segments, he said that his party did not refuse to have talks with the Congress on formation of a secular force to face the byelection.
The former Prime Minister said that the people of the Deodurga constituency were aware that it was his initiative that helped in launching the work on the Narayanpura Right Bank Canal of the Upper Krishna Project.



Petition seeks to restrain church bodies
http://www.hindu.com/2008/12/13/stories/2008121355170700.htm
Kochi: The Kerala High Court was approached by Sr. Abhaya’s father seeking a directive to the Kerala Catholic Bishops Council, the Archdiocese of Kottayam, Knanaya Bishop Council and the Jagratha Samithi of the Kottayam Diocese to desist from attacking the Central Bureau of Investigation (CBI) and making comments on the investigation in the murder case.
In his petition, Mr. Thomas said immediately after the arrest of the two priests and a nun, a pastoral letter of Archbishop Mar Mathew Moolakkat was read out in all churches under the dioceses on November 23. The letter accused the CBI of not probing the allegations against the narco-analysis test. It alleged that the arrest was made without conducting an investigation against those who had exerted pressure in the case.



Judiciary should protect rights: jurist
http://www.hindu.com/2008/12/13/stories/2008121355140700.htm
Special Correspondent
J.S. Verma inaugurates AILU State conference
KANNUR: The former Chief Justice of India J.S. Verma has said the judiciary in the country, comprising both the Bench and the Bar, has to ensure that it does not fail as an institution entrusted to protect the rights of the people.
Inaugurating the State conference of the All India Lawyers’ Union (AILU) here on Friday, Mr. Verma, who had also served as chairman of the National Human Rights Commission, said the institutional devaluation in the country was eroding credibility in public life.
“We are passing through a time in which our country’s institutions are being devalued. The country’s judiciary is no exemption,” he said calling for accountability and transparency in the functioning of the judiciary. Observing that the Mumbai terror attack was a clear case of institutional failure of law enforcement agencies, he said the country had failed to avert the attack because of corruption.
Root out corruption
Stating that the judiciary should never be in the list of the institutions that were corrupt, the former CJI said the judiciary was the custodian of law and constitutional guarantees. The judiciary was responsible for administration of justice in accordance with law, he said adding that justice was the sum total of institutionalised morality added to law. Human dignity, justice, liberty, fraternity and national security were core values, he said.
Every interpretation of law should conform to these values which formed the Constitutional philosophy. Each lawyer and judge should cherish these values and identify himself or herself with the victim of injustice.
“Judges are not dropped from heaven, they come from lawyers,” he said calling for transparency in the selection of judges. He stressed the need for an effective mechanism to get rid of judges of doubtful repute. A judge should primarily be a person of character, he said.
Stating that transparency, openness and accountability were important in the functioning of the judiciary, Mr. Verma said judges should declare their assets to uphold their moral authority. A judge did not belong to any party, he said and cautioned against outside intrusion that would erode the judiciary’s independence.
Stating that the Bar and the bench were equal partners in the administration of justice, Mr. Verma called upon them to shun sycophancy.
AILU State president Varkala Radhakrishnan, MP, presided over the function. Organising committee chairman M.V. Jayarajan, K.P. Raghava Poduval and Vinod C. Cherian were present.



Notice issued to government, DGP, CBI
http://www.hindu.com/2008/12/13/stories/2008121353920400.htm
Plea for CBI probe into supply of cadavers to private medical colleges
Kochi: A Division Bench of the Kerala High Court on Friday issued notice to the State government, Director-General of Police and the Central Bureau of Investigation (CBI) on a writ petition seeking a CBI probe into the supply of cadavers to private medical colleges in the State.
The notice was issued by the Bench comprising Chief Justice H.L. Dattu and Justice A.K. Basheer on a petition filed by the Kochi-based organisation Proper Channel.
The petition also sought a directive to the government to formulate immediate procedures to regulate supply of cadavers to medical colleges to ensure that they were using them for providing quality education.
The petitioner alleged that medical colleges could procure cadavers for its educational purposes only according to the provisions of the Kerala Anatomy Act.
However, none of these medical colleges procured them in a legal manner. However, the government medical colleges followed a strict and transparent policy to obtain cadavers as per the Act.
The petitioner said that there was a mystery about the procurement of cadavers by the private medical colleges. As per the Health and Family Welfare Department, private medical colleges were permitted to obtain unidentified cadavers from the local police. However, according to the information provided under the Right to Information Act, police stations had not given any cadavers to these medical colleges.
Asthtabhishekam
A Bench comprising Justice P.R. Raman and Justice T.R. Ramachandran Nair on Friday directed the Ombudsman for the Travancore and Cochin Devaswom Boards to inquire into certain points in connection with performing ‘Ashtabhishekam’ at Sabarimala. The directives came on a petition seeking to restart the Ashtabhishekam which was stopped by the board.
Directive issued
Justice R. Basant has directed the Additional Director-General of Police (Crimes) to monitor the investigation into the case in which two limbs of a person were recovered at Adimali in Idukki district. The directive came on a petition filed by Thankappan seeking CBI probe. The court ordered that bimonthly reports be filed before the court.



Convicted
http://www.hindu.com/2008/12/13/stories/2008121353930400.htm
Kochi: A CBI Special court here has convicted K. Thankachan, former Chief Manager, State Bank of Travancore, Kollam, J. Rajmoham Pillai of Pace International Limited, Kollam, and two others in a corruption case. The accused were sentenced to two years rigorous imprisonment and a fine of Rs.2 lakh each for entering into a criminal conspiracy to cheat the bank. Three letters of credit to the tune of Rs.6.26 crore were opened in 1997 favouring Klen and Marshalls Manufacturers and Exporters, Mumbai, and bogus way bills were enclosed to show the movement and receipt of goods. — Special Correspondent


‘Economic rights disregarded’
http://www.hindu.com/2008/12/13/stories/2008121352440300.htm
Staff Reporter
Thrissur: Economic rights of the people have largely been disregarded in the country, P. Parameswaran, director of Bharatiya Vichara Kendra, has said.
He was addressing a discussion on ‘Global financial crisis and India’ organised by the Swadeshi Jagran Manch here on Friday. “Economic rights have not received as much attention as political rights did. Finding employment is a socio-economic right. It is as important as the right to vote. Global financial crisis has taught us that rampant industrialisation is not the solution to economic problems. The solution lies mainly in development of lakhs of villages in the country,” he added.
S. Gurumurthy, joint convener of the Manch, alleged that the U.S. government had concealed the financial crisis from its people and the rest of the world for nearly one-and-a-half years.



Seminar on Human Rights challenges
http://www.hindu.com/2008/12/13/stories/2008121354300400.htm
NEW DELHI: A two-day seminar on “Human rights challenges in contemporary world” organised by the Centre for Promotion of Human Rights Teaching and Research ended at Jawaharlal Nehru University here on Thursday.
Organised to mark the 60th anniversary of the Universal Declaration of Human Rights, the seminar was inaugurated by veteran journalist Kuldip Nayar, who underlined the need for sensitivity on the part of citizens for promotion and protection of human rights.



Government direction for tobacco ban
http://www.hindu.com/2008/12/13/stories/2008121351520300.htm
Jammu: Jammu and Kashmir Government on Friday directed health and medical education officials to ensure strict ban on smoking at public places, official spokesman said.
The State Government, in exercise of powers conferred under Cigarettes and Other Tobacco Products Act 2003, has authorised officers to compound the offence, he said.
While the health directors have been authorised to deal with the offence at public places, medical superintendents and hospital administrators have been nominated as penal authorities at government and private hospitals.



SCI Judgements
http://practicalacademic.blogspot.com/2008/12/sci-judgements.html
Friday, December 12, 2008
Maharashtra State Judges Association & Ors. v. The Registrar General, High Court, High Court of Judicature at Bombay & Anr. WRIT PETITION (C) NO. 211 OF 2007 under Article 32 of the Constitution decided by K. G. BALAKRISHNAN CJI, R. V. RAVEENDRAN & J. M. PANCHAL, JJ. on DECEMBER 11, 2008
The following issues were involved in this case:
"The Maharashtra State Judges Association and some District Judges, have sought the following directions to the respondents:(i) to make an uniform single cadre of District Judges by merging theposts of District Judges, Addl. District Judges, City Civil Court Judges, 2Chief Judge and Addl. Chief Judges of Small Cause Court, with effect from13.11.1991 or alternatively with effect from 31.3.1994 (or furtheralternatively from 1.7.1996) with inter-se seniority being determined withreference to the date of entry into service in the said posts.(ii) to withdraw the Maharashtra Judicial Service (Seniority) Rules 2007(for short the `Rules') and make rules in regard to seniority, in conformitywith the decision of this Court, by having a single uniform cadre of DistrictJudges (by merging the aforesaid multiple categories of posts) with effectfrom 13.11.1991 or 31.3.1994 or 1.7.1996; or in the alternative, to quash thesaid Rules in particular the proviso to Rule 4(1) of the said Rules.(iii) to withdraw the draft gradation list of District Judges circulated on30.3.2007 and make the said list as on 13.11.1991, or 31.3.1994 or 1.7.1996on the basis of entry of the Judicial Officers in the cadre as DistrictJudges/Addl. District Judges/City Civil Court Judges/Chief Judge and Addl.Chief Judges of Small Court."
Punj Lloyd Limited v. Corporate Risks India Pvt. Ltd. CIVIL APPEAL NO. 1026 OF 2007 decided by TarunChatterjee & Harjit Singh Bedi, JJ. on December 11, 2008 involved the question as to whether the National Consumer Disputes Redressal Commission "was justified in dismissing the complaint in limine on the ground that the case involved disputes and questions which were contentious before issuing any notice to the respondent and without even prima facie going into the merits of the case."
State of Bihar & Ors. v. Pandey Jagdishwar Prasad CIVIL APPEAL NO.7237 OF 2008 decided by TARUN CHATTERJEE & AFTAB ALAM, JJ. on DECEMBER 11, 2008 wherein it was held:
It has been held in a catena of judicial pronouncements that even if by mistake, higher pay scale was given to the employee, without there being misrepresentation or fraud, no recovery can be effected from the retiral dues in the monetary benefit available to the employee.
Posted by Badrinath at 10:21 AM



HC stays MSRDC tender condition on toll agents
http://timesofindia.indiatimes.com/Mumbai/HC_stays_MSRDC_tender_condition_on_toll_agents/articleshow/3830379.cms
13 Dec 2008, 0441 hrs IST, Swati Deshpande, TNN
MUMBAI: The Bombay high court on Friday stayed a tender condition introduced by the Maharashtra State Road Development Corporation (MSRDC) for appointing toll agents in the city. The court was hearing a petition filed by Sahkar Agencies, the highest bidder, which had challenged the agency's decision to disqualify it after introducing a last minute eligibility clause. Terming the disqualification as illegal, the petitioner, represented by counsels Aspi Chinoy and Joquim Reis, had accused the MSRDC of favouring an existing cartel. Two months ago, the MSRDC invited tenders for the management and collection of toll at five entry points to the city. The toll stations are at Vashi on the Sion Panvel highway, Airoli Bridge, Mulund on the Eastern Express Highway, Mulund/Thane on the LBS Road and Dahisar on the Western Express Highway. The bid condition was a year's experience of toll collection. A total of four parties had bid for the project, along with the existing agency-MEP Toll Roads Private Limited which has been managing the collection at all the five points in Mumbai for the last six years without any bidding process being followed. It was only on the directions of the high court in response to a petition that bids were invited this year. Elsewhere in the state, similar bids were invited and the eligibility criteria included experience in collection of octroi. For Mumbai too, bidders were told that experience in octroi collection would be considered valid. Just three days before the bids were to be opened on November 4, the MSRDC issued a letter saying experience in octroi collection will not be considered valid, Sahkar Agencies told the court. The petitioner has alleged that the `new qualification' was introduced only to eliminate competition and help the existing contractors - MEP, bag the contract at the old 2002 rates. Sahkar Agencies have pleaded before the court that all bids be considered valid. Pointing out that MEP's appointment would translate into huge losses for the state exchequer, counsels for the Sahkar Agencies told the court that its bid offer was Rs 112 crore per month while MEP's was only Rs 78.3 crore. The MSRDC, through advocate general Ravi Kadam, defended its stand while Iqbal Chagla, appearing on behalf of MEP, refuted the petitioner's charge of bias. After hearing the lawyers, a bench of Justices F I Rebello and R S Mohite on Friday stayed the November 1, 2008 letter and directed that Sahkar be considered as a responsive bidder and the bidding process be continued on that basis. swati.deshpande@timesgroup.com


HC notice to GSPCB over mining lease
http://timesofindia.indiatimes.com/Goa/HC_notice_to_GSPCB_over_mining_lease/articleshow/3830417.cms
13 Dec 2008, 0430 hrs IST, TNN
PANAJI: The high court of Bombay at Goa has issued a notice to the Goa State Pollution Control Board (GSPCB) in a petition challenging the validity of a mining lease for a iron and manganese ore mine at Caurem, Rivona. A Division Bench comprising Justice A P Deshpande and Justice N A Britto were hearing a public interest litigation filed by Goa Foundation, a non-governmental organization, alleging that the mines owned by one Salim Shaikh continue to operate without renewal of the mining lease. The petitioners advocate Norma Alvares informed the court that the mining lease had been granted to the mine owner in 1988 and had expired in 1998. The validity of a mining lease is only of 10 years and the mine owner has continued to extract ore without renewing the lease, she pointed out. The advocate general, Subodh Kantak, argued that as per a 1994 amendment to the Environmental Impact Assessment Notification, the minimum lease period has been increased to 20 years. The court has adjourned the matter for further hearing to January.


Disallow passengers from sitting on roof of train: HC
http://timesofindia.indiatimes.com/Lucknow/Disallow_passengers_from_sitting_on_roof_of_train_HC/articleshow/3830446.cms
13 Dec 2008, 0250 hrs IST, TNN
LUCKNOW: The High Court on Friday ordered the railway authorities to make sure that passengers donot sit on the roof of the bogey while travelling and ensure that the compartments are not over-crowded thereby endangering the life of the passengers. The court ordered the railway department officials to take immediate steps to ensure safety and security of its passengers. It declared the safety and security of the passengers as a fundamental right of the constitution of India. Allowing an appeal, the court directed the railways to give Rs 4 lakh with interest as the compensation to the family members of one Mohd Naim, who died in an accident on April 26, 1998. He had purchased a sleeper class ticket for Lakhimpur Kheri. Since there was huge crowd in the compartment and the gate was open, he adjusted himself at the door. All of sudden, there was a jerk and he fell down. His body was digged for more than 100 metres. Only underwear remained at his body at the time of police inquest. Naim's mother Akhtari moved the railways tribunal for compensation but it declined because the ticket was not recovered from Naim. It was also said that he fell down because of his own fault. The HC set aside the tribunal's order and ordered for four lakh compensation. The bench comprising Justice DP Singh and Satish Chandra expressed annoyance on selling more tickets than the seats. The court directed that if the passenger does not get accommodation after purchasing ticket, he shall be refunded the money. The court said that people travelling by air-conditioned coach, sleeper class or general compartment, are precious to their family and the nation as well. So without any discrimination, all the passengers must be provided proper safety and security. The HC directed the railways to use mechanic device and depute proper staff to ensure that the doors of the compartment are shut, when the train moves.



HC pulls up officials on hawkers issue
http://timesofindia.indiatimes.com/Chennai/HC_pulls_up_officials_on_hawkers_issue/articleshow/3830856.cms
13 Dec 2008, 0240 hrs IST, TNN
CHENNAI: The Madras high court on Friday pulled up the commissioners of Chennai corporation and police for their failure to extend meaningful support to the court-appointed hawkers committee. The first bench comprising chief justice A K Ganguly and justice K Chandru, viewing the complaints of the committee chairman justice A Ramamurthy, said: “We are distressed to find that the authorities like the Chennai corporation commissioner and city police commissioner are not acting in a manner as to help the commissioner, who has been appointed by this court, to implement the scheme in relation to hawkers. We do not approve of such attitude and direct both the commissioners to strictly follow the directions given by the chairman.” The officials were also asked to file an affidavit indicating compliance of the court’s order, by December 19. The court had constituted the committee in 2006 to identify hawkers in various parts of the city and to rehabilitate them in exclusive hawkers’ zones in different regions. Justice Ramamurthy, the panel’s chairman, in a report to the court last month, said though he had sent representations and reports to various authorities, there was no proper response. He said the committee could not do any meaningful work due to the inaction on the part of the officials. Referring to the Allikulam complex, Anna Salai and Tiruvanmiyur hawker clusters, he said the hawkers were reluctant to occupy the alternative sites mainly due to the “pellmell condition” there. He said the police commissioner did not have time even to respond to the committee’s letters. The first bench expressed shock over the attitude of the officials. It then listed the recommendations of the committee, and asked the authorities to comply with the requirements expeditiously. Justice Ramamurthy had sought appointment of an officer exclusively to maintain the Allikulam complex and collect licence fee from hawkers. He said zonal officers of the corporation and the jurisdictional assistant commissioner of police should be held responsible if they were unable to evict hawkers from unauthorised places. The committee wanted fish vendors to be evicted from Vannanthturai market, to be accommodated behind Besant Nagar bus terminus. The corporation must be asked to complete construction of the Palavayal market at Ayana-varam and the multi-storeyed complex in Pondy Bazaar within a stipulated time, he said.



No power for unauthorised buildings: HC
http://timesofindia.indiatimes.com/Chennai/No_power_for_unauthorised_buildings_HC/articleshow/3830837.cms
13 Dec 2008, 0235 hrs IST, A Subramani, TNN
CHENNAI: An ingenious legal escape route, adopted by scores of commercial establishments to obtain electricity connections for their unauthorised structures, has finally been plugged. Putting an end to a string of rulings that helped multi-storeyed and special buildings to circumvent earlier judgments, the Madras high court on Friday set aside a single judge’s order directing the Tamil Nadu Electricity Board (TNEB) not to insist on a completion certificate (CC) or no objection certificate (NOC) to provide power connection to a mall in T Nagar. Already more than 600 buildings, most of them commercial establishments, have obtained similar orders from courts and consequently obtained electricity connections.



HC order to shut down tanneries
http://www.thestatesman.net/page.news.php?clid=23&theme=&usrsess=1&id=235593
Statesman News Service KOLKATA, Dec 12 : The Division Bench of Mr SS Nijjar, Chief Justice and Mr Justice Sanjeeb Banerjee of Calcutta High Court today directed the state government to carry out a Supreme Court order of closing down tanneries operating in Tiljala, Topsia and Park Circus by Wednesday next. The state government will have to report the matter to the court on Thursday. The commissioner of police, Kolkata and the superintendent of police, South-24-Parganas were directed to assist the state government carrying out the order. The state government was further directed to sever the power connection of those domestic consumers whose lines are being used by these tanneries. Drawing electricity from domestic consumers, these tanneries were operating in contravention of an order of the Supreme Court. The Supreme Court, in an order on 30 September, 1997, had directed these tanneries be shut down and shifted to Bantala. The Green Bench of the Calcutta High Court was further directed to monitor the order. The Division Bench appointed Mr Jaideep Kar as special officer last week following a PIL that the tanneries were operating in defiance of a Supreme Court order. The Division Bench passed this order after receiving the report of the special officer. Mr Maqbul Ahmed, who had moved the PIL, had annexed a letter of the chairman of the West Bengal Pollution Board to the chief secretary that the Supreme Court order was being violated. Mr Balai Roy, advocate-general submitted that the state government had had stopped the power and water supplies to these tanneries. But these tanneries had taken conection from some local domestic consumers.



HC fiat to FDA on imported cigarette packs
http://timesofindia.indiatimes.com/Mumbai/HC_fiat_to_FDA_on_imported_cigarette_packs/articleshow/3825030.cms
12 Dec 2008, 0349 hrs IST, Shibu Thomas, TNN
MUMBAI: A crackdown on imported cigarettes, which do not carry statutory health warnings, may be in order. Hearing a public interest litigation by NGO Crusade Against Tobacco, the Bombay high court on Thursday ordered the Food and Drug Administration (FDA) as well as customs officials to ensure that such cigarette packs were seized and confiscated. A division bench of Chief Justice Swatanter Kumar and Justice Sharad Bobde also asked FDA's zonal commissioners to file affidavits on the steps they had taken against foreign-made cigarette packs which violated rules. According to the petitioners, there are 85 types of foreign-made cigarettes that enter the country, either legally or are smuggled in, which do not have a statutory health warning as required under Indian law. Rules say every cigarette pack has to display a warning declaring: "Smoking is injurious to health.'' The imported cigarettes also do not have details of the date of manufacture or the MRP. Government pleader Dharyasheel Nalawade submitted an affidavit of the public health department, informing the court that a 11-member Maharashtra State Anti-Tobacco Cell had been formed in 2004 to oversee the implementation of tobacco rules. The government had also empowered food inspectors of the FDA confiscate such products; 1,296 cases were registered in the last three years. Besides, police officers of the rank of sub-inspectors were empowered to initiate proceedings. Customs officials, in an affidavit, said cigarettes were allowed to be imported subject to a no-objection certificate from the port health officer and compliance with statutory warning stickers. It also added that 29 cases of seizure had been effected by the department in the past five years, a figure that the court found difficult to believe. The court also came down on the authorities, passing the buck for the implementation of the rules. "The shifting of blame between the state and customs officials has to come to an end,'' said the judges. shibu.thomas1@timesgroup.com



Kapil pleads HC for pension from BCCI
http://cricketnext.in.com/news/kapil-pleads-hc-for-pension-from-bcci/36528-13.html
Press Trust Of India
Posted on Dec 12, 2008 at 14:51
New Delhi: Former India captain Kapil Dev on Friday pleaded before the Delhi High Court that the BCCI should be directed to release pensions to him and other players who joined the rival Indian Cricket League (ICL).
Kapil accused the cricketing body of adopting delaying tactics in the legal proceedings after the BCCI sought adjournment in the matter.
The cricketer appeared before the Registrar (High Court) for being cross examined by the BCCI on the allegations levelled by him against the Board for allegedly taking punitive action against him and his ICL colleagues.
The Board, however, sought adjournment saying that due to recent terror attack in Mumbai and the then prevailing uncertainty over the England tour, it could not find sufficient time to prepare for the cross-examination of the cricketer.
Kapil, on his part, alleged that it was the delaying tactics of the Board which was more concerned about the England tour than the plight of former cricketers who served the nation.
"BCCI is not concerned about cricketers who served the nation but shows more concern about the ongoing series between India and England," Kapil claimed.
"I just seek that pension of my colleagues be released. They are suffering due to Board's action," he alleged, adding, "The Board keeps taking dates in the matter and the proceeding is being delayed due to it."
The BCCI, however, refuted the allegations and contended that this was the first time that an adjournment has been sought in the matter.
The Registrar, after heated arguments of advocates appearing for both Essel Sports Pvt Ltd, promoter of ICL, and BCCI adjourned the cross-examination of six witnesses, including Kapil Dev and former BCCI selector Kiran More.
The court fixed the cross-examinations for Kapil and others on January 16.



New anti-terror law on the anvil, says Bharadwaj
http://timesofindia.indiatimes.com/India/_New_anti-terror_law_on_the_anvil_says_Bharadwaj_/articleshow/3832561.cms
13 Dec 2008, 1513 hrs IST, PTI
NEW DELHI: Government is mulling a new anti-terror law to more effectively deal with the scourge. The law ministry has sent a proposal to the home ministry and would very soon declare the contents of the law which will have "reasonable restrictions," Union law minister H R Bhardwaj told reporters here on Saturday. The minister was non-commital on being asked whether the new legislation will come up before the ongoing session of Parliament, saying it has to be first cleared by the cabinet. Earlier, addressing the International Conference of Jurists on Terrorism, Rule of Law and Human Rights, Bhardwaj said time had come for a "really very effective" legislation to combat the menace in the aftermath of the Mumbai mayhem last month. "We would arm ourselves with laws specifically aimed at terrorist and disruptive elements. The government would very soon declare the contents of the law," he said. The minister said the country never thought that it will face terrorism to such an extent. "But now the time has come for really very effective laws," he said. Bhardwaj, however, hastened to add that the proposed law would not in any way infringe on Article 21 (Right to Liberty)."The law will be there with reasonable restrictions."



HC thwarts cops’ attempt to mislead court with tampered report
http://www.expressindia.com/latest-news/hc-thwarts-cops-attempt-to-mislead-court-with-tampered-report/397747/
Express News Service
Posted: Dec 14, 2008 at 2308 hrs IST
Chandigarh Several Ludhiana Police officers are in the dock for attempting to mislead the Punjab and Haryana High Court by tampering with the inquiry report of a criminal case.
The officers, including the Ludhiana Senior Superintendent of Police, allegedly prepared a backdated report and submitted it in the High Court in connection with a contempt petition filed against the SSP.
The petition had demanded that directions be issued to the Ludhiana Police to take action on a criminal complaint filed in 2007. The petitioners had alleged that a few men had fired gunshots at them and fled. “We identified the accused but no action was taken by the police,” stated the petition.
Aggrieved, they moved the High Court demanding contempt proceedings against the police officers.
On issuance of notices, the SSP produced a xerox copy of an undated inquiry report. Suspecting foul play, the High Court summoned the records. The original report was found to have two separate dates on it, written in different ink.
Raising his eyebrows, Justice Permod Kohli observed: “It appears that these two dates — September 2 under seal of SSP Ludhiana and August 31 under the stamp — have been inserted later. This is a very serious matter as the police seem to have tried to mislead this court. I direct the registrar to forward the documents to the Government Forensic Science Laboratory, Sector 36, Chandigarh, for examination.”
The laboratory has been ordered to file a compliance report within four weeks.
Park Plaza demolition: High Court stays MC’s showcause notice In a sigh of relief for Hotel Majestic Park Plaza, a unit of M/s Majestic Hotels Limited, Ferozepur Road, Ludhiana, the Punjab and Haryana High Court stayed a showcause notice issued by the Ludhiana Municipal Corporation on December 5. The MC had asked the hotel to explain why it should not be sealed within three days as the hotel was not complying with the parking laws. Aggrieved of the showcause notice, M/s Majestic Hotels Limited had moved the High Court. The petition came up for hearing on Friday before a Division Bench comprising Justice K S Grewal and Justice Jitender Chauhan. After hearing the preliminary submissions of the counsel, the Bench issued notices to the Ludhiana Municipal Council for January 29. In Thursday’s General House meeting, Congress councillors had also staged a dharna criticising the “pick-and-choose policy” adopted by the Municipal Corporation. The MC authorities, however, maintained that hotel had violated parking bylaws and added that action will be taken against other erring hotels as well.On December 9, the Building Branch of the Municipal Corporation had demolished illegal constructions in a service lane outside Hotel Park Plaza. This land was allegedly being used as a parking lot by the hotel.



Man seeks child's DNA test
http://timesofindia.indiatimes.com/India/Man_seeks_childs_DNA_test/articleshow/3829972.cms
13 Dec 2008, 0305 hrs IST, TNN
VELLORE: The birth of a baby, five months after a couple tied the knot, has threatened to break their marriage. The angry father, 30-year-old Venkatesan, is insisting the boy be put through a DNA test. According to police, Venkatesan of Guruvarajapalayam got married to 20-year- old Sathya on April 16. On September 8, Sathya gave birth to a baby boy. Shocked, Venkatesan sent his wife to her parents' home and refused to accept her and the baby despite her pleas. Sathya told the cops that their engagement cermony was held four months before the marriage and that Venkatesan had stayed at her home sharing an intimate relationship with her before the nuptials. The husband, however, refused to buy her argument. When police suggested that the DNA test could be performed to ascertain the truth, Venkatesan agreed readily. He said he would accept his wife and baby boy if the DNA tests proved he was the father of the baby. Sathya has filed a complaint with the all-women police station in Vellore. In her petition, she complained that her husband was threatening to assault her if she came home with the baby. The police have filed a case against him for cruelty, criminal intimidation and criminal breach of trust. The police will have to wait for the baby to complete three months before taking him and his parents for a DNA test in Chennai after obtaining a request letter from a magistrate to conduct the test, officials said.



Judiciary will show no leniency to polluters of environment: SC
http://timesofindia.indiatimes.com/India/Judiciary_will_show_no_leniency_to_polluters_of_environment_SC/articleshow/3829812.cms
13 Dec 2008, 0318 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: The judiciary will show no leniency to those polluting environment or adversely affecting public health and aquatic life, said the Supreme Court on Friday in a hard-hitting judgment, while giving the green light to the prosecution of a carpet firm official after more than 20 years. "The message must go to all concerned persons, whether small or big, that the courts will share parliamentary concern and legislative intent of the Environment Protection Act to check escalating pollution level and restore the balance in our environment," said a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam. Lapse of long period could not be the reason to absolve offenders from the trial, said the Bench and allowed an appeal by the UP Pollution Control Board challenging an Allahabad High Court order quashing its complaint against the firm and the managing officials. Despite repeated reminders for construction of an effluent treatment plant, Modi Carpets at Rae Bareli continued to dischare untreated industrial waste into river Sai and the board lodged a complaint with the trial court in 1984. The management of the firm approached the HC, which stayed the proceedings in 1985 and then in 2004 quashed the board's complaint. Writing the judgment for the Bench allowing prosecution of the joint managing director of the firm, Justice Sathasivam said: "In a matter of this nature, particularly when it affects public health if it is ultimately proved, courts cannot afford to deal lightly with cases involving pollution of air and water." Those discharging noxious polluting effluents into streams, rivers or any other water body inflict public health at large and should be dealt with strictly de hors (instead of dwelling into) the technical objection, he said. "Since escalating pollution level of our environment affects the life and health of human beings as well as animals, the courts should not deal with the prosecution for offences under the pollution and environmental laws in a casual or routine manner," the apex court said faulting the HC order quashing the complaint against the top manager of the carpet firm. dhananjay.mahapatra@timesgroup.com


MPs seek 'judicial accountability'
http://www.rtiindia.org/forum/10820-mps-seek-judicial-accountability.html
As reported in dnaindia.com on 12 December 2008:DNA - India - MPs seek 'judicial accountability' - Daily News & Analysis
NEW DELHI: Members in the Rajya Sabha on Friday pitched for judicial reforms, seeking "accountability" of judges and application of the Right to Information Act to all wings of the judiciary.Participating in a debate on a private member's resolution on judicial reforms, members cutting across party lines sought speedy disposal of cases, reappraisal of the appointment procedure of judges and filling up of vacancies.Calling for more High Court and Supreme Court benches, they said that the RTI Act should be applicable to all wings of the judiciary. At present, only the administrative branch is subjected to the RTI. Moving the resolution, Vijay Darda (Congress) said that 1.5 crore cases were pending in different courts."Sixty per cent of the judges in High Courts are appointed through a system in which favouritism and corruption can take place. Such discretion should not be more than 10 per cent in any case," he said.D. Raja (CPI) said it was disturbing to see "corruption" in judiciary. "There has to be a judicial accountability," he said. Abhishek Singhvi (Congress) demanded application of the RTI Act to all sections of the judiciary. Rama Jois (BJP) favoured the same, saying that it would increase efficiency and help in fast disposal of cases.Singhvi favoured increase in remuneration at lower level of judiciary, which clears most of the cases. "The lower judiciary is in a bad shape," he said, adding that the judges-to-people ratio was abysmal. For one million people, there were 11 judges, when there should be a minimum of 50, he said. Rajniti Prasad (RJD) said "nepotism" should be curbed in judiciary, while S S Ahluwalia (BJP) demanded frequent adjournments be stopped. He asked why the same court fee is charged from the poor as well as the rich corporates.Shantaram Naik (Congress) alleged that public interest litigations (PILs) are being admitted without guidelines and court-appointed committees are taking over the functions of government departments.


Mayawati gives one concession, takes two reliefs from SC
http://timesofindia.indiatimes.com/India/Mayawati_gives_one_concession_takes_two_reliefs_from_SC/articleshow/3829808.cms
13 Dec 2008, 0319 hrs IST, TNN
NEW DELHI: Give one and take two. That was precisely the strategy of the Mayawati government in the Supreme Court on Friday when it came to having its say on the affairs of the controversy-marred 101-acre Smriti Upvan, named in memory of martyrs of the 1999 Kargil conflict between India and Pakistan. The repeated stalling of the government's plan, first to rename the park as Manyavar Kanshiram Ji Smriti Upvan and later, to carve out 20 acres from the sprawling park for development purposes, irked the Mayawati regime no end and it decided to challenge all the interim orders of the HC before the SC. It succeeded to a large extent by conceding before a Bench comprising Chief Justice K G Balakrishnan and P Sathasivam that it would not insist on changing the name of the park. After the concession, the Bench stayed two other interim orders giving a virtual free hand to the state to undertake even permanent constructions inside the park, although it would be at its risk. The Bench, while staying the HC order stopping all constructions of permanent nature within the greens, said any alteration of the land development plan and subsequent constructions would be subject to the outcome of the PILs on the issue pending before the HC. The Mayawati government was present in full strength being represented by senior advocates Harish Salve, Satish Chandra Mishra and additional advocate general Shail K Dwivedi. Salve minced no words in describing the spate of litigations on Smriti Upvan as a "some kind of battle taken up by the HC to stop the executive from doing its job in town-planning". "Surely the state government is legally empowered to change the town planning and demarcate a portion of a particular land for another public purpose," he said. This argument invited strong objection from senior advocate Rajiv Datta, who appeared for the petitioner who has filed the PILs before the HC. He said it would not be legally prudent to allow the state government to undertake permanent constructions in the park as the apex court in its earlier order had only permitted temporary constructions. However, the Bench issued notice to the PIL petitioner and stayed the interim orders of the HC dated October 14 and November 19 on the undertaking of the Mayawati government not to change the name of the park.



SC transfers Sikh riots related case against Tytler to Delhi
http://timesofindia.indiatimes.com/India/SC_transfers_Sikh_riots_related_case_against_Tytler_to_Delhi/articleshow/3829793.cms
13 Dec 2008, 0325 hrs IST, TNN
NEW DELHI: The Supreme Court on Friday transferred a defamation complaint case against former Union minister Jagdish Tytler from Ludhiana to the Patiala House courts in Delhi. The transfer of the defamation case filed by senior advocate H S Phoolka against Tytler was transferred by a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam, which took note of the politician's apprehension that he might not get a fair trial in the Punjab city because of the prevailing hostile atmosphere againsty him there. The defamation case was filed by Phoolka after Tytler in a TV interview, given after the Nanavati Commission inquiring into the 1984 Sikh riots issued notice to him, accused the senior advocate of procuring false witnesses to blackmail him. Tytler, unsuccessful before the Punjab and Haryana High Court to get the case transferred to any court in Haryana, had moved the SC in appeal and reiterated his request. On the consent of Phoolka, the SC transferred the case to Delhi instead of Haryana. Meanwhile, Phoolka has filed another application in the SC seeking action against Tytler for filing a false affidavit alleging that a large group of Sikh activists at the Ludhiana court had virtually prevented his lawyer from entering the court room. Phoolka's counsel Shanti Bhushan contended that it was a false claim as there was no gathering of people against him in the trial court and that the demonstrations took place away from the court complex.



SC announces free legal aid for terror victims
http://www.lawyersclubindia.com/news/2008/12/sc_announces_free_legal_aid_for_terror_victims.asp
Posted on : 13 December 2008 by Kalpana
Chief Justice of India K G Balakrishnan directed the Maharashtra State Legal Services Authority to provide free legal aid to dependants of all those affected in the 26/11 Mumbai terrorist attacks.It is for the first time that the Supreme Court has come forward to help the families of the terror victims by giving them legal assistance to overcome the aftermath of the attacks. It has communicated to the Ministry of Law and Justice to amend section 12 of the Legal Service Authorities Act, 1987, to include senior citizens, dependant families of armed forces personnel and paramilitary forces.The National Legal Services Authority (NALSA), headed by the Chief Justice and Supreme Court Judge Arjit Pasayat, has announced to give free legal help to any person who was a victim of terrorist and extremist violence or riots.G M Akbar Ali, member secretary of NALSA, said they will appoint a sitting or retired judge at the State Legal Service Authority in Mumbai. The victims would also be provided with help of a panel of lawyers. Help from psychiatrists counselors and social activists actively involved in the rehabilitation of the victims, will also be taken up.In a meeting held by NALSA in the Supreme Court, Mr Balakrishnan and Justice Pasayat, along with other members, had decided to impart legal aid to the families of all those who lost their lives in the attacks.Adarsh Kumar, under secretary and public information officer of NALSA said following the attacks, many security personnel and others had lost their lives. NALSA will provide all sorts of help for them to get compensation, medical treatment, death certificates, Legal heir certificates, identity of missing people, insurance claims, workman compensation, recovering of movable and immovable properties and other benefit schemes from state or central governments, he added.UNI



PIL restraining television media on terror attacks filed in Supreme Court
http://www.lawyersclubindia.com/news/2008/12/pil_restraining_television_media_on_terror_attacks_filed_in_supreme_court.asp
Posted on : 13 December 2008 by Y.Prakash
A public interest writ petition has been filed yesterday by one Shekar G Devasa, an Advocate practicing in Supreme Court of India restraining the television media from facilitating or relaying communication from suspected or apprehended terrorists to their viewers in India forthwith and the same is likely to come up for admission in the course of next week. It is submitted in the writ petition that of the 404 television channels licensed to operate in India, a number of News and Current Affairs channels have engaged in conduct that is detrimental to the nation’s fight against terror. With respect to the recent Mumbai attacks, they have put assaulting terrorists on air to freely express their views and to state what motivated them to do so, have declared exclusivity in unraveling more sinister bids upon the country by relaying the confessions of ‘arrested terrorist’, have themselves connected several ongoing investigations, formed their own ‘television conclusions’ and have consulted banned terrorist outfits to support ‘television conclusions’, have aired inflammatory speeches of leaders of banned terrorist outfits and have freely offered airtime to suspected terrorists to declare their innocence and have performed many more acts that portray and magnify terrorists’ actions even while according minimal role to the institution of our Government.The present Writ Petition is filed under Article 32 of the Constitution for the protection of a fundamental and paramount right of citizens to public peace, to compel the Government, in the light of a failure of its duty to restrain the media, to restrain the television media from relaying or disseminating messages and communication from suspected terrorists.The writ petition is filed through K.V.Dhananjay, Advocate.
Source : lawyersclubindia –


High court quashes appointment of consumer panel chairman http://www.lawyersclubindia.com/news/2008/12/high_court_quashes_appointment_of_consumer_panel_chairman.asp
Posted on : 13 December 2008 by Aravinthan Ganesan
Chennai: The Madras high court has quashed the appointment of Justice N Kannadasan, a former additional judge of the court, as chairman of the Tamil Nadu State Consumer Disputes Redressal Commission.Due consultation process, involving the state government and the chief justice of the Madras high court, had not taken place prior to Justice Kannadasan’s selection, a division bench said. “Consultation is required to be meaningful and not merely a lip service,” the bench said.Justice Kannadasan was appointed additional judge of the court in November 2003, but his initial two-year tenure was neither extended nor confirmed after November 2005. Unless additional judge is made permanent or his service is extended by the supreme court, he will cease to be a judge.Nearly a year after Kannadasan ceased to be a judge, the state government appointed him additional advocate-general. Earlier this year, the High Court included his name in the list of retired/former judges, leaving him eligible for being considered for appointment to the post of presiding officer/chairman of commissions and tribunals. On July 26, 2008 he was appointed chairman of the State Consumer Disputes Redressal Commission.A ‘quo warranto’ petition was filed against him by some advocates, seeking to show-cause under what authority he held the post. Other petitions challenged the validity of the government order appointing him as a retired judge. While the petitioners claimed that the services of Justice Kannadasan were not confirmed on grounds of unsuitability and that he was found wanting in intellectual and moral requirements to be a judge, the former judge said the petitions were motivated. The state government said he was selected because he alone could have served the entire period of five years as the chairman.A division bench comprising Justice Prafulla Kumar Misra and Justice A Kulasekaran, holding that the consultation process was not in accordance with law, said the proposal to appoint a chairman to the panel should have emanated from the chief justice and not the state government. Also, the proper course is for a chief justice to recommend the name of a sitting or a retired judge. The chief justice has failed to discharge an “onerous duty”, the bench said, adding that the present selection had become vulnerable due to non-consideration of vital facts that led to the non-confirmation of Justice Kannadasan in 2005.
Source : Times of India –


Cases under RTI Act
http://www.lawyersclubindia.com/news/2008/12/cases_under_rti_act.asp
Posted on : 12 December 2008 by Y.Prakash
Since its inception, the Central Information Commission has received 24145 complaints and appeals upto 30.09.2008. 8670 cases were pending for disposal as on 30.09.2008 for reasons like shortage of Information Commissioners vis-à-vis the workload. All cases of appeals and complaints to the Commission involve delay or denial of information. Information about number of show cause notices issued for imposition of penalties is not maintained. Penalties have, however, been imposed in 211 cases.In seven cases financial penalty was withdrawn after imposition. Government has recently appointed four more Information Commissioners in the Commission with a view to step up the disposal of cases as well as for effective implementation of RTI Act. This information was given by the Minister of State in the Prime Minister’s Office, Shri Prithviraj Chavan in a written reply to a question in Lok Sabha today.


Amendments to the Disability Laws
http://www.lawyersclubindia.com/news/2008/12/amendments_to_the_disability_laws.asp
Posted on : 12 December 2008 by Y.Prakash
The Government has taken various steps towards amending the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The National Consultation for amending the Act was initiated in June, 2006 with the first consultation meeting at Patna with State Governments, experts NGOs and stakeholders. The second meeting was held in July, 2006 at Chennai and thereafter there were demands from stakeholders that the consultation process may be kept in abeyance till India signed the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This demand was accepted and the consultation process was again resumed after India signed the UNCRPD on 30th March, 2007. The last two consultation meetings were held at Delhi and Goa in August and November, 2007 respectively. The suggestions received during the consultation meetings as well as provisions of the UNCRPD are being considered for amendment of the Act. This information was given by the Minister of State for Social Justice and Empowerment, in a written reply to a question in the Lok Sabha today.


Parliament Passes Limited Liability Partnership (LLP) Bill 2008 http://www.lawyersclubindia.com/news/2008/12/parliament_passes_limited_liability_partnership_llp_bill_2008.asp
Posted on : 12 December 2008 by Y.Prakash
Parliament has passed the Limited Liability Partnership (LLP) Bill 2008. Lok Sabha today gave its assent to the Bill which was earlier passed by the Rajya Sabha. Replying to the debate on the Bill in the Lok Sabha, Shri Prem Chand Gupta, Minister for Corporate Affairs, expressed the hope that the first ever LLP in the country would be registered by the first day of the new Financial Year i.e. 1.4.2009. In this context he informed the Hose that concept LLP Rules have already been placed on the website of the Ministry. Shri Gupta also assured the House that registration of LLPs will also be a paperless affair as it will also be covered under MCA-21 e-governance program of the Ministry. Regarding taxation, Shri Gupta said that as the matter relates to the Finance Ministry, this concern will be taken care of by that Ministry, but he assured the House that Indian LLPs will in no way be put to any disadvantage and our LLPs will have a level playing field with other similar bodies outside the country. LLP is a new corporate form that enables professional expertise and entrepreneurial initiative to combine, organize and operate in an innovative and efficient manner. For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. The Limited Liability Partnership format is an alternative corporate business vehicle that provides the benefits of limited liability of a company but allows its members the flexibility of organizing their internal management on the basis of a mutually arrived agreement, as is the case in a partnership firm. This format would be quite useful for small and medium enterprises in general and for the enterprises in services sector in particular. Internationally, LLPs are the preferred vehicle of business particularly for service industry or for activities involving professionals. In our country, several expert groups have examined the need for such a concept since 1972 and recommended from time to time, the enactment of a law that would enable the setting up and functioning of the LLPs. These include the Abid Hussain Committee 1997, the Naresh Chandra Committee on Private Companies and Partnerships 2003 and the Irani Committee for new Company Law, 2005. As proposed in the Bill, LLP shall be a body corporate and a legal entity separate from its partners. It will have perpetual succession. While the LLP will be a separate legal entity, liable to the full extent of its assets, the liability of the partners would be limited to their agreed contribution in the LLP. Further, no partner would be liable on account of the independent or unauthorized actions of other partners, thus allowing individual partners to be shielded from joint liability created by another partner’s wrongful business decisions or misconduct. Today, the world is in the grip of an unprecedented financial crisis, which is adversely affecting economies of most of the countries, including our own. In such a situation, availability of LLP as an alternative business vehicle to our trade and industry will be an important step. Service industry has grown considerably in India and it accounts for nearly half of our GDP. We believe that the LLPs would further contribute to the growth of the service industry in the future. An earlier version of the LLP Bill was introduced in the Rajya Sabha around 2 years ago on 15th December, 2006 and was referred to the Parliamentary Standing Committee on Finance. The Standing Committee submitted its report on 27th November, 2007. Taking into consideration the suggestions of the August Committee, the revised Bill, namely the Limited Liability Partnership Bill, 2008 was introduced in the Rajya Sabha on 21st October, 2008. The House passed it on 24th October, 2008. The salient features of the LLP Bill, 2008 are as under:- (i) The LLP will be an alternative corporate business vehicle that would give the benefits of limited liability but would allow its members the flexibility of organizing their internal structure as a partnership based on an agreement. (ii) The proposed Bill does not restrict the benefit of LLP structure to certain classes of professionals only and would be available for use by any enterprise which fulfills the requirements of the Act. (iii) While the LLP will be a separate legal entity, liable to the full extent of its assets, the liability of the partners would be limited to their agreed contribution in the LLP. Further, no partner would be liable on account of the independent or un-authorized actions of other partners, thus allowing individual partners to be shielded from joint liability created by another partner’s wrongful business decisions or misconduct. (iv) LLP shall be a body corporate and a legal entity separate from its partners. It will have perpetual succession. Indian Partnership Act, 1932 shall not be applicable to LLPs and there shall not be any upper limit on number of partners in an LLP unlike a ordinary partnership firm where the maximum number of partners can not exceed 20. (iv) An LLP shall be under obligation to maintain annual accounts reflecting true and fair view of its state of affairs. Since tax matters of all entities in India are addressed in the Income Tax Act, 1961, the taxation of LLPs shall be addressed in that Act. (v) Provisions have been made in the Bill for corporate actions like mergers, amalgamations etc. (vii) While enabling provisions in respect of winding up and dissolutions of LLPs have been made in the Bill, detailed provisions in this regard would be provided by way of rules under the Act.


Law Commission Report on Indian Succession Act
http://www.lawyersclubindia.com/news/2008/12/law_commission_report_on_indian_succession_act.asp
Posted on : 12 December 2008 by Y.Prakash
The Law Commission of India in its 209th Report (July 2008) on “Proposal for omission of section 213 from the Indian Succession Act, 1925” has observed that there is discrimination in respect of wills made by Hindus, Buddhists, Sikhs, Jainas or Parsis, where the will is made within the territories of the ordinary original civil jurisdiction of the High Courts of Judicature at Calcutta, Madras and Bombay and where such wills are made outside those territories, in so far as they relate to immovable properties situated within those territories. Therefore, the Commission is of the opinion that section 213 of the Indian Succession Act, 1925 is liable to be struck down as being violative of article 15 of the Constitution of India and the Commission has, accordingly, recommended to repeal section of 213 altogether from the statute. The said Report has been circulated to the State Governments for their comments. This information was given by Shri H.R.Bhardwaj, Minister of Law and Justice, in the Lok Sabha today in a written reply to a question by Shrimati Maneka Gandhi.



Permanent Court of Arbitration in India
http://www.lawyersclubindia.com/news/2008/12/permanent_court_of_arbitration_in_india.asp
Posted on : 12 December 2008 by Y.Prakash
The Government has signed an agreement with Permanent Court of Arbitration (PCA), the Hague to open its regional facility in India. The main terms and conditions of the agreement are: (i) India shall be a host country for the PCA in order to facilitate the work of the PCA in the peaceful resolution of international disputes through arbitration, mediation, conciliation and fact finding commissions of inquiry and in providing other appropriate assistance to governments, inter-governmental organizations, and other entities. (ii) The Government of India shall also facilitate PCA’s securing office, secretarial services, etc. The PCA its officials and adjudicators shall enjoy the same privileges and immunities as those accorded to the officials of the United Nations in India in conformity with Article V of the U.N. Convention. However, the Secretary General of the PCA shall take every precaution to ensure that there is no abuse of the privileges and immunities and in case of abuse or violation of residence obligations according to the laws of Republic of India, the Government may require the individuals concerned to leave the country according to applicable diplomatic procedure. (iii) The Republic of India shall not incur any international responsibility for the acts or omissions of the PCA or its officials. (iv) In case any dispute is not settled by negotiations, the same shall be settled by final and binding arbitration in accordance with the PCA Optional Rules. (v) The appointing authority for arbitrators shall be the President of the International Court of Justice. (vi) The agreement signed between the Government and PCA may also be terminated by their mutual consent or by either Party by giving notice to the other party at least one year in advance of the effective date of termination. The establishment of the Regional Facility in New Delhi would be beneficial to India. It would provide a forum for international arbitrations concerning disputes arising in the region, both in disputes between two States and in disputes between a State and non-State entity, such as foreign companies which have made investments in the region. Besides, the costs of international arbitration will be reduced which would also encourage more frequent recourse to arbitration as a means of settling disputes. It would also enable more legal experts from India to participate in arbitrations conducted under the auspices of the Regional Facility and to acquire expertise in this field which would also have beneficial effect on domestic arbitration. This information was given by Shri H.R.Bhardwaj, Minister of Law and Justice, in the Lok Sabha today in a written reply to a question by Shri Chandra Bhushan Singh.



Warrant against Abu Salem
http://timesofindia.indiatimes.com/India/Warrant_against_Abu_Salem/articleshow/3829633.cms
12 Dec 2008, 1949 hrs IST, PTI
NEW DELHI: A Delhi court on Friday issued a production warrant against underworld don Abu Salem after the Mumbai police failed to produce him in an extortion case. The warrant was issued by the court directing the Arthur Road Jail authorities in Mumbai to produce Salem before it on January 16. Salem, who last appeared here on November 26, has been lodged in the Mumbai jail after being extradited from Portugal in 2005. During his last production here, the court had provided a copy of chargesheet to him and directed the Mumbai police to produce him in connection with the case on Friday. Besides Salem, three other accused C P Rai, Sadiq Ali and Istiyaq Ahmed have been booked for making threat calls to Rajat Nagrath owner of Allied Communication at East of Kailash here demanding Rs one crore in 2002. Another court, which is hearing Ashok Gupta extortion case registered under stringent law MCOCA against Salem, also adjourned the hearing for December 16. The don is facing trial in eight cases including the 1993 Mumbai serial blasts and two murder cases.



PIL against Narayan Rane for his statement on terror attack
http://www.indlawnews.com/Newsdisplay.aspx?608a60ac-3ad4-4b7e-b983-5d67cd1bfdcc
12/13/2008
A city-based advocate has filed a Public Interest Litigation (PIL), seeking a direction from the High Court to rebel Congress leader and former Maharashtra revenue minister Narayan Rane to disclose names of the politicians, who he claimed had provided financial assistance and logistic support to the terrorists involved in the 26/11 strikes on the metropolis.Advocate Amin Solkar has filed the PIL, which will come up for hearing on december 18, when the court will also hear two more petitions on the terror attack.In the PIL, Solkar has said while addressing media persons, Rane had indicated that he will reveal the names of certain leaders who had provided financial and logistical support to the Pakistani terrorists at an appropriate time.Solkar said withholding information on the commissioning of an offence from police or a magistrate is a crime under section 39 of the Criminal Procedure code. Concealment of sensitive information relating to a grave offence, itself amounts to an offence by Mr Rane, he said. UNI


PIL suggests tech war on terror
http://timesofindia.indiatimes.com/Mumbai/PIL_suggests_tech_war_on_terror/articleshow/3830392.cms
13 Dec 2008, 0502 hrs IST, Swati Deshpande, TNN
MUMBAI: A PIL filed in Bombay High Court on Friday suggested the use of technology to thwart future terror attacks. Filed by cyber guru Vijay Mukhi and Sarla Parekh, who lost her only son and daugher-in-law to the terrorists' bullets at Taj Mahal hotel, the petition outlined 12 concrete e-security measures for Mumbai to prevent future attacks. Given that terrorists are increasingly found to be tech-savvy, technology needs to be used to counter such threats, the PIL said. Some measures suggested include e-surveillance, GPS, mobile phone forensics, virtual cyber police, computer forensic CCTVs at public places, encryption codes.Other measures internet and e-Mail surveillance; generate real-time passwords for Voice Over Internet Protocol or the police will have no idea what the conversation is; create software that can read or download everything present in the memory of a mobile phone; break encryption and create one's own algorithms. The petition said that faced with serious terror threats many western countries have implemented state-of-art technology. The US, after 9/11, used technology extensively to prevent further terror attacks, the petition said. Anticipating a likely government response of budgetary constraints, the petitioners mentioned the 12-point e-security agenda would cost the city only RS 50 crore to initiate. The PIL has asked the court to appoint an expert committee that would be empowered to implement the recommendations in a timebound manner.


Govt gets more time to file submissions
http://timesofindia.indiatimes.com/Goa/Govt_gets_more_time_to_file_submissions/articleshow/3830420.cms
13 Dec 2008, 0424 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Friday granted the state government further time till December 15 for filing its written submissions in the public interest litigation (PIL) challenging the appointment of parliamentary secretaries and conferring of cabinet status. The court was hearing a PIL filed by Aires Rodrigues challenging the appointments of MLAs Nilkanth Harlankar and Francisco Silveira as parliamentary secretaries and conferring of cabinet status on EDC chairman and MLA Agnelo Fernandes, deputy chairman of Goa Planning Board Wilfred de Souza and commissioner of NRI affairs Eduardo Faleiro. The court had on November 21 granted two weeks time to all the parties for filing their written submissions. However, on Friday, the state government approached the court with an application seeking extension of time. The court granted time to the government on an assurance by advocate general Subodh Kantak that the government will file submissions by December 15.



Court asks PGI to prepare list of its demands from govt
http://www.expressindia.com/latest-news/court-asks-pgi-to-court-asks-pgi-to-prepare-list-of-its-demands-from-govt/397798/
Express News Service
Posted: Dec 14, 2008 at 0017 hrs IST
Chandigarh The Punjab and Haryana High Court has directed the PGI to file an affidavit listing what all it requires for smooth and proper functioning.
The directions were passed by a Division Bench comprising Chief Justice Tirath Singh Thakur and Justice Jasbir Singh on a public interest litigation (PIL) filed by the World Human Rights Protection Council, located in Sector 10-A.
The petitioner had sought directions to the UT Administration and the PGI to fix the responsibility in the case of Rakesh, a patient who died in Manimajra while being taken to Solan in an ambulance on September 13.
The petitioner sought appropriate action against persons responsible for the death.
On the last date of hearing, the High Court had directed PGI to submit a report against the PIL. The status report was filed today, wherein the hospital refuted the allegations of medical negligence. The hospital’s counsel submitted that Rakesh was stable when he was referred to Solan.
Countering the stand taken by the PGI, Ranjan Lakhanpal, the petitioner and chairman of the NGO, submitted that the patient died within an hour of being referred to another hospital.
The Bench then asked the counsel appearing for the PGI to explain how Rakesh’s condition could be stable when he died within an hour of being taken to another hospital.
The PGI authorities then took the plea that it was short of beds and staff.
Thereafter, the Bench asked the PGI to file an affidavit listing the deficiencies in the hospital and the requirements which need to be fulfilled by the government.
The Chandigarh Administration has also been issued notices on the PIL.



PIL against GSIDC plots dismissed
http://timesofindia.indiatimes.com/Goa/PIL_against_GSIDC_plots_dismissed/articleshow/3830425.cms
13 Dec 2008, 0404 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Friday dismissed a public interest litigation (PIL) challenging the plots developed by Goa State Infrastructure Development Corporation (GSIDC) for 20 Point Programme at Nagoa, Verna. A Division Bench comprising Justice A P Deshpande and Justice N A Britto were hearing a public interest litigation filed by Franky Monteiro and two others stating that land acquired by GSIDC cannot be used for any public purpose except for setting up an industrial estate. The petitioners had alleged that minister for power Alex Sequeira, from Loutolim constituency, wanted to allot plots under the 20 point programme to influence voters as the last assembly elections were due. The allotments were done without following the due process of law, they pointed out. The government had acquired 36 lakh sq m of land adjoining the Verna Industrial Estate for handing over to the Goa Industrial Development Corporation (GIDC). Subsequently, the government had allotted one lakh square metres of the land to the GSIDC for development of plots under the 20 point programme. While dismissing the petition, the court held that the land acquired for one public purpose can be used by the government for any other public purpose including housing schemes for the weaker sections of society.



BMC ready to keep an eye on dangerous waters
http://timesofindia.indiatimes.com/Mumbai/BMC_ready_to_keep_an_eye_on_dangerous_waters/articleshow/3830295.cms
13 Dec 2008, 0359 hrs IST, SUKHADA TATKE, TNN
MUMBAI: After a delay of almost two years, the BMC has finally chalked out its `Baywatch' model to ensure safety at five of the major beaches - Juhu, Marve, Madh, Aaksa and Gorai - in the city. NGO Janhit Manch filed a PIL in the Bombay high court in early 2006, after several beach deaths sparked off debates on inadequate security measures near the sea and the steps that were required to be taken. After that, a year ago, the state passed a government resolution (GR) on implementing safety norms for beaches, complete with life guards, search lights, watch towers and patrolling. Following the GR, the court disposed of the PIL in September last year. However, almost a year has gony by since the GR was passed but nothing seemed to have changed, said experts. The new model includes deploying trained life guards on every beach, installing watch towers and having life and rescue boats, essential equipments such as binoculars, life-saving kits and communication systems ready for emergency. Moreover, people will not be allowed to go beyond a point on the beach between 6 pm and 10 pm. "Every year, there are 10 people who drown in the city. Some spots at Juhu and Aaksa beaches, though not near the sea shore, are very dangerous. For this, we have to stop people from going on to the beach, especially in the evening,'' added Gajbhiye. "There was a delay in implementing the security measures, but now they will be in place within six months. Two bidders__Drushti Special Response Services and Causeway Marine India Pvt Ltd__have applied for the project. Drushti, which has already made a small presentation, are into a similar project for beaches in Goa,'' said additional municipal commissioner Kishore Gajbhiye. "After the bidders submit their project report, one of them will be finalised.'' The entire project, which is estimated to cost the BMC Rs 1 crore-Rs 1.5 crore per year, was planned after inputs from national experts. The civic body will pay the amount required initially and will also be in charge of maintenance and then the company will take them forward.


PIL suggests tech war on terror
http://timesofindia.indiatimes.com/Mumbai/PIL_suggests_tech_war_on_terror/articleshow/3830392.cms
13 Dec 2008, 0502 hrs IST, Swati Deshpande, TNN
MUMBAI: A PIL filed in Bombay High Court on Friday suggested the use of technology to thwart future terror attacks. Filed by cyber guru Vijay Mukhi and Sarla Parekh, who lost her only son and daugher-in-law to the terrorists' bullets at Taj Mahal hotel, the petition outlined 12 concrete e-security measures for Mumbai to prevent future attacks. Given that terrorists are increasingly found to be tech-savvy, technology needs to be used to counter such threats, the PIL said. Some measures suggested include e-surveillance, GPS, mobile phone forensics, virtual cyber police, computer forensic CCTVs at public places, encryption codes.Other measures internet and e-Mail surveillance; generate real-time passwords for Voice Over Internet Protocol or the police will have no idea what the conversation is; create software that can read or download everything present in the memory of a mobile phone; break encryption and create one's own algorithms. The petition said that faced with serious terror threats many western countries have implemented state-of-art technology. The US, after 9/11, used technology extensively to prevent further terror attacks, the petition said. Anticipating a likely government response of budgetary constraints, the petitioners mentioned the 12-point e-security agenda would cost the city only RS 50 crore to initiate. The PIL has asked the court to appoint an expert committee that would be empowered to implement the recommendations in a time bound manner.


NCW finalising two draft bills on domestic workers' welfare http://www.zeenews.com/nation/2008-12-12/490515news.html
New Delhi, Dec 12: National Commission for Women is finalising two draft bills for regulating the functioning of placement agencies to provide social security and other benefits to the domestic workers including tribal women, Lok Sabha was informed on Friday. The NCW "is in process of finalising two draft bills for regulating the functioning of placement agencies and for providing social security and other benefits to the domestic workers including tribal women," Minister of State for Tribal Affairs Rameshwar Oraon said in a written reply to a question. He said the Ministry of Tribal Affairs has too constituted a working group to study the situation and suggest "preventive measures" if tribal women employed as domestic workers in big cities are also subjected to exploitation. Minister was replying to a question about the "remedial measures" being taken by the government to deal with the reports of exploitation of tribal women who are engaged as domestic workers. Oraon, however, denied having received any report about "alarming number of cases of exploitation of tribal women belonging to southern states" of the country. Bureau Report




Uttar Pradesh tops in crimes against women: minister
http://nationalnewsofindia.blogspot.com/2008/12/uttar-pradesh-tops-in-crimes-against.html
Friday, December 12, 2008
New Delhi, Dec 12 (IANS) The national capital is second only to Uttar Pradesh in crime against women cases, Women and Child Development Minister Renuka Chowdhury informed the Lok Sabha Friday.
Renuka Chowdhury, citing data provided by the National Commission for Women (NCW), said the total number of such cases in Delhi in 2008 stood at 724.
The NCW put the total number of cases, including rape, torture for dowry and harassment against women, in Uttar Pradesh at 2,381. It is the highest in the country in 2008.
Chowdhury told the Lok Sabha Friday that there has been an increase in the number of cases of crime against women over the last three years in the country.
'The data available with the NCW indicates an increase in the number of complaints received on dowry, rape and harassment against women,' Chowdhury said.
Across the country in 2006, the total number of such cases was 2,155 which increased to 4,218 the following year. This further went up to 4,712 in 2008.
In Delhi, the cases of crime against women were recorded at 343 in 2006, 539 in 2007, and 724 in 2008.
Chowdhury added: 'The increase in the number of complaints may be due to increased awareness.'
The NCW, according to the minister, has proposed amendments to the Dowry Prohibition Act and laws relating to rape to make these more stringent.
'A legislation against sexual harassment of women at workplaces is also on the anvil,' she said.
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