LEGAL NEWS 4.12.2008

Plea to ensure security at HC premises
http://www.indianexpress.com/news/Plea-to-ensure-security-at-HC-premises/394098/
Express News Service Posted: Dec 04, 2008 at 0343 hrs IST
Kolkata: Environmentalist Subhas Dutta has urged the Calcutta High Court to ensure that proper security arrangements are in place at its premises.
In a letter to the Chief Justice S S Nijjar on Wednesday, Dutta said security arrangements in the Supreme Court and other HCs are much better than at the Calcutta High Court. The petition comes following the recent Terror attacks across the country.
Dutta also said the administrative headquarters of the state, the Writers’ Buildings, and the state Assembly have better security system than the HC. He pointed out the security lapses and suggested that police should frisk the people upon their entering into the court room. No person is allowed to enter the Supreme Court and the Delhi High Court without a pass. A similar system should be in place at the Calcutta HC, the letter stated.
After the Jaipur blasts in May, Kolkata police had suggested the HC to introduce photo identity cards for its employees and advocates. The police had also suggested setting up of a visitors’ room, where a pass would be issued to litigants, who have a valid cause for visiting the court.
Subsequently, Chief Justice S S Nijjar had formed a committee to look into the security arrangements in the court’s premises. The registrar general of the court had also discussed the matter with the Kolkata police and the Bar Association. But the suggestions by the city police are yet to be implemented.
Nearly 100 police personnel are deployed at the HC.


Penalty slapped on man who moved HC to ‘expose corruption in Army’
http://www.indianexpress.com/news/Penalty-slapped-on-man-who-moved-HC-to--expose-corruption-in-Army-/393544/
Express News Service Posted: Dec 03, 2008 at 0113 hrs IST
Chandigarh: The Punjab and Haryana High Court has dismissed the petition of a former employee of the Indian Army who had levelled allegations of corruption against senior Army officers.
The Division Bench, headed by Chief Justice Tirath Singh Thakur, slapped a penalty of Rs 10,000 on the petitioner, Ajit Singh Dahiya, for “abusing the process of law”.
Dahiya, president of the executive committee of Mahavir Kranti Dal (a political party), had taken voluntary retirement from the Army.
In his petition, he had claimed that in order to expose the “corruption” prevalent in the Army, he had launched a company under the name of R K Traders that supplied various equipment to the Army. He had made an assertion that his intention was not to do business but to expose the ‘racket’ in the Army and had also sought investigation into the case by the CBI.
Hearing the case on Tuesday, the Chief Justice said: “You are not working only for the sake of exposing the Army. You continued paying bribe for six years. You must be retaining some evidence. What evidence do you have that you paid the bribes?”
Thakur asked: “Why were you not able to get raids conducted by requesting the Army authorities. Who will believe you? Tomorrow you might come and say that you have paid bribe to the Army General. Satisfy us about your bona fides.”
Stating that Dahiya had left the Army and become a contractor, the Chief Justice observed, “You allegedly started bribing the Army officers. This is your version, we don’t accept it. In our opinion, you are a disgruntled contractor. You have tried to corrupt the system and wanted to benefit from it. You took a U-turn when you noticed that the contracts you were receiving had dried up.”
The counsel for the petitioner submitted that Dahiya had been writing to various senior Army officers but no action had been taken.
“You go on paying for six years without raising the issue of corruption. There is no question of paying your hard-earned money as bribe to someone when you know that the system is not responding to your complaints,” asserted the Judge.
“You are not here to expose people. You are a man whose hands are soiled. It’s like you are one of the thieves,” added the Chief Justice.
Addressing the counsel of the petitioner, the Chief Justice observed: “We are not going to look into the instance of a person who has been trying to corrupt the system and has suddenly become an angel, a patriot. He is no saint!”



HC admits plea to protect heritage structures
http://timesofindia.indiatimes.com/Hyderabad/HC_admits_plea_to_protect_heritage_structures/articleshow/3789689.cms
4 Dec 2008, 0347 hrs IST, TNN
HYDERABAD: The AP High Court on Wednesday took note of a petition that sought the protection of old bungalows in the Secunderabad cantonment area, which were being used as marriage halls. It declared that it would hear this matter comprehensively after clubbing all the pending matters connected to such old structures in the cantonment area and would decide on the matter soon. The division bench
comprising Chief Justice Anil Ramesh Dave and Justice R Subhash Reddy, while hearing a petition filed by an advocate G Abel of the cantonment area, directed him to make the Secunderabad Cantonment Board (SCB) also a respondent in this case. Abel in his petition said that though old bungalows were to be treated as heritage structures or monuments, they were being converted into commercial centers by the unscrupulous elements with the tacit support of bureaucrats. These structures built during the East India Company's time and developed by the British Raj later as important army residential structures had become the property of the Government of India after the Independence. However, the people living there were given occupancy rights which were inalienable; but they cannot use the buildings for non-residential purposes, the petitioner said. Bringing to the notice of the court that more than 117 of such cantonement bungalows had now become private commercial enterprises, the petitioner cited the places like Imperial Garden, Jewel Gardens, KJR Gardens, Dreamlands, Viceroy Garden, Millinium Function Hall, Tivoli Gardens, Hotel Utsav, Le Royale Palais, Malla Reddy Gardens, Bantla Gardens and Lamba Theatre etc., and said that all these were run in the cantonement's old buildings contrary to the Cantonement Act, and were causing traffic jam and chaos. Even the security of the cantonement area was at stake as drug mafia were using these bungalows for their activities, he said and cited the recent unearthing of Mandrax worth Rs 20 crore at one such place. Instead of proceeding against these elements under the Eviction Act, the petitioner said, the authorities were simply issuing notices under irrelevant provisions and were enabling the encroachers to obtain legal relief.






HC declines to vacate stay on political roadshows
http://timesofindia.indiatimes.com/Hyderabad/HC_declines_to_vacate_stay_on_political_roadshows/articleshow/3789686.cms
4 Dec 2008, 0342 hrs IST, TNN
HYDERABAD: The AP High Court on Wednesday declined to vacate the stay on political roadshows in the state and issued notices to all the respondents asking them to state their views on the issue. When pressed by a group of lawyers representing TRS, TDP, PRP and other political parties to vacate the stay, the division bench, comprising Chief Justice Anil Ramesh Dave and Justice R Subhash Reddy, made it clear that it was not inclined to pass any such order without looking into all the replies filed in this regard. Only PRP, TDP and TRS parties have filed their replies so far. Advocate general C V Mohan Reddy told the court that he would not file any counter on behalf of the state government. He said, "I would argue the case straight away touching upon constitutional principles." When PRP counsel Raghunandan argued that the law clearly said that any ban on political meetings was unlawful, the bench told him that it did not ban the activity either. "We only stayed the roadshows," the bench said. "Roads are not meant for staging roadshows," it observed. "If anyone screens a film on the road, can it be allowed?" the bench asked. When the counsel for TDP told the bench that they were not heard, nor was any notice sent to them before passing an order on roadshows, the bench said it was ordering notices to all of them now. The advocates representing other parties too joined the chorus for vacating the stay on roadshows. "Banning roadshows is tantamount to suspension of fundamental rights," said one lawyer while another argued that the stay brought the democratic process to a grinding halt. The bench at one stage said: "You have no business to deny the citizens their rights either." The bench posted the hearing to next week. When a counsel insisted on hearing them now, after repeating the word "next week" several times, said, "Can't you see the calender? Don't you know what does it mean by next week."




HC rejects Vodafone's plea against $1.7 bn I-T claim
http://economictimes.indiatimes.com/News/News_By_Industry/Telecom/HC_rejects_Vodafones_plea_against_17_bn_I-T_claim/articleshow/3790193.cms
4 Dec 2008, 0305 hrs IST, ET Bureau
MUMBAI: In a major setback to Vodafone, the Bombay High Court on Wednesday dismissed the telecom giant’s writ petition against the show-cause notice of the income tax (I-T) department seeking about $1.7 billion as capital gains tax. Vodafone International — the company’s Netherlands-based subsidiary that bought Hutchisson’s 67% stake in Hutchisson-Essar — may now move the Supreme Court against the dismissal. A division bench, comprising Justices S Radhakrishnan and Anand Nirgude, also extended the earlier stay on the I-T department’s show-cause notice by eight weeks to enable Vodafone to file an appeal in the apex court. While the dismissal is not a final verdict in the case, it is a setback to Vodafone. The company will now have to convince the Supreme Court that it is not liable to pay tax on the $11.2-billion purchase of 67% in Hutchsion Essar in February 2007. It also has to show that it need not submit to the I-T department the confidential documents signed with Cayman Islands-based Hutchison Telecommunications International at the time of the transaction. It also exposes Vodafone to further investigation by tax authorities. If Vodafone loses the case in the SC, it will have to shell out $1.7 billion as tax liability, a penalty of an equal amount and a tax on both sums at 18% per annum. The total outgo for Vodafone could exceed $4 billion. “We have dismissed the petition and the stay granted earlier on their petition will continue for eight weeks,” Justice Radhakrishnan said. The HC is learnt to have dismissed the petition the basis that there is no “patent illegality” in the I-T department’s notice. Also, “the petitioner, Vodafone International, has suppressed a very important agreement, dated February 11, 2007, between Hutchison and Vodafone International,” a person familiar with the case said. A copy of the 255-page order, detailing reasons for the dismissal, was not made available to either party on procedural grounds. It is expected to be given before Saturday. “Vodafone, based on advice received, continues to believe that the transaction is not subject to tax in India and is confident of a positive outcome ultimately,” a Vodafone International spokesperson told ET. Daksha Baxi, head of international tax practice at Khaitan & Co, said the development appears to be “rather unfortunate”. Khaitan & Co had advised Hutchison on the transaction with Vodafone. “I am yet to go through the high court’s order and therefore, don’t know the reason behind the judgement. However, the dismissal will send the wrong signals to the international business community keen on investing in India. MNCs often execute deals through various layers and structures, for a variety of reasons. The tax implication comes at the bottom of the priority list,” Ms Baxi said. The issue dates back to September 19, 2007, when the I-T department sent the show-cause notice to Vodafone International’s headquarters in the Netherlands, questioning the company on why it should not be taxed on the transaction. The I-T department asked Vodafone why it should not be treated as an “assessee in default” because Hutchison Telecommunications International (HTIL), which had made profits on the disposal of the stake in India, was no longer in the country and that Vodafone International was its “agent” here. On January 28, 2008, Vodafone filed the writ petition in the high court challenging the I-T department’s notice seeking payment of capital gains tax by the company. The division bench heard arguments from both sides in July and has now decided not to interfere in the proceedings between Vodafone and the I-T authorities. The I-T department was represented by additional solicitor general Mohan Parasharan; GC Srivastava of Chaturvedi and Shah; Raghavendra Rao and Beni Chatterjee, while the telecom major was represented by Iqbal Chagla and Dinesh Vyas. For the I-T department, the tax demand on the telecom major was prepared by Girish Dave and Rahul Navin. Case basics: Vodafone’s argument: Taxing the transaction is outside the jurisdiction of the finance ministry as both Vodafone and Hutchison are not based in India. Also, the May-16 amendment of two sections of the I-T Act with retrospective effect—which allows the government to take action against companies that do not withhold taxes when making a transaction—is “unconstitutional”. The I-T department’s argument: Wants a copy of the original agreement between Vodafone International and Hutchison; wants Vodafone to answer why it should not be taxed because it is now the “agent” of Hutchison in India. GRPX..... 1) What it means for Vodafone? Vodafone will have to go to the Supreme Court to argue that it is not liable to pay tax and should not be asked to submit the confidential documents signed with Hutchison. 2) What it means for the I-T department? Tax authorities may get the green signal to open similar cases of cross border deals. 3) What it means for other cross-border transactions? Cross-border deals will come under closer scrutiny of the I-T department. Companies may have to share confidential shareholders agreement with tax authorities. 4)) What if Vodafone loses in the Supreme Court? It will have to pay $1.7 billion as tax liability, a penalty of an equal amount and tax on these at 18% per annum. This implies the total outgo for Vodafone could be over $4 billion.







Haryana govt draws HC ire for lenient action against cop
http://www.indianexpress.com/news/Haryana-govt-draws-HC-ire-for-lenient-action-against-cop/394047
Express News Service Posted: Dec 04, 2008 at 0229 hrs IST
Chandigarh: The Punjab and Haryana High Court took the Haryana Government to task on Wednesday over the leniency shown by the state police department towards an officer accused of gangrape.
A division bench comprising Chief Justice Tirath Singh Thakur and Justice Jasbir Singh expressed strong disapproval with the action taken by the Inspector General of Police, Rohtak Range, against Phool Kumar, Deputy Superintendent of Police (DSP), Vigilance.
On the last date of hearing of the case on November 10, the High Court had directed the IGP to review the finding given in the favour of Kumar. As per it, Kumar, who remained absconding for 133 days after he figured as an accused in a gangrape case and was declared a proclaimed offender by the court thereafter, was exonerated and it was submitted that he was present on duty.
Rather than issuing a notice to the effect as to why the finding given should not be set aside, the police department issued a showcause notice asking Kumar to “It is surprising that with so many law officers and advocates available with your government, a showcause notice cannot be drafted properly. This is a serious matter. You want to keep an officer who was accused of gangrape and later remained a proclaimed offender in the eyes of the court. Your department gives him a clean chit,” the Chief Justice told the counsel appearing for Haryana government.
The Bench advised the counsel that rather than stopping his annual increments, the endeavour should be to first set aside the finding and then initiate action against Kumar. “This IG must be an intelligent officer. Whatever notice is prepared, it should be on solid legal footing. First issue notices as to why the finding should not be reverted,” the Bench remarked.



HC contempt notice to Kaithal advocate
http://www.indianexpress.com/news/HC-contempt-notice-to-Kaithal-advocate/394006
Express News Service Posted: Dec 04, 2008 at 0202 hrs IST
Chandigarh: An advocate from Kaithal, S S Ravish has been issued show cause notices by the Punjab and Haryana High Court for allegedly misbehaving with a Civil Judge (Junior Division), Kaithal. He has been asked to explain as to why contempt proceedings shall not be initiated against him.
The notices have been issued by a division bench of the High Court on a letter written by Civil Judge (Junior Division), Kaithal, Harshali Chaudhary. As per the letter, the Judge had asked Advocate S S Ravish to appear on August 18 in her court in relation with a case. But after the she adjourned the case, the advocate started raising hue and cry directing the Court to record his statement that he is being unnecessarily harassed by her Court.
“The advocate was interfering in judicial work by trying to over awe the Judge with his temper and gestures,” reads the letter.
The advocate repeatedly appeared in her court and asked the reader of the Court to record his statement, which was turned down by the reader, she has stated.
The advocate even went to meet the judge when she went for treatment in an ashram.




Indiabulls Real Estate gets HC nod to merge subsidiaries
http://indiarealestatelink.com/property-news/indiabulls-real-estate-gets-hc-nod-to-merge-subsidiaries/
Indiabulls Real Estate announced that the High Court of Delhi has sanctioned the scheme of amalgamation of Indiabulls Power Services (IPSL) with Sophia Power.
Both IPSL and Sophia Power are subsidiaries of the company. The company further said that it would be allotted equity shares in Sophia on the basis of share exchange ratio as per the approved scheme and in consideration of its existing equity holding in IPSL. Post such allotment, the company would hold 71.43%, FIM would hold 17.86% and LNM India Internet Ventures would hold 10.71% of the equity of Sophia.
Indiabulls Real Estate, engaged in the business of real estate, was separated from Indiabulls Financial Services on Dec. 21, 2006 following the de-merger of the company.



Crisis of identity facing judges biggest challenge before judiciary’
http://www.indianexpress.com/news/-Crisis-of-identity-facing-judges-biggest-challenge-before-judiciary-/393527
Tannu Sharma Posted: Dec 03, 2008 at 0107 hrs IST
New Delhi: Justice Cyriac Joseph of the Supreme Court has urged the Bench to avoid proximity with lawyers or their clients. “They (judges) should also not decide cases on factors other than merit,” he said while emphasising that working under influence of these factors also makes a judge corrupt.
According to Justice Joseph, who was delivering a lecture organised by the Kerela Club in the Capital on Monday, “some judges may not take bribe or gifts but are influenced by other factors like affinity with lawyers, acquaintance with clients, religion, caste, etc”.
The occasion was the 10th Justice P Subramanium Potty (a former chief justice of Kerela and Gujarat High Courts) memorial lecture.
“If any judge decides matter on any other factors other than merit, that judge is corrupt and lacks character,” he said.
Mincing no words against corruption, Justice Joseph said these were the judges who are slowly eroding judicial credibility.
Speaking on ‘Challenges to the Judiciary’, he lamented that present-day judges did not possess the same integrity as of those in 1950s. “I am at a loss to understand as to who’s a judge, what are his duties, responsibilities and commitments?” he wondered, adding, “Crisis of identity facing judges is the biggest challenge facing judiciary.”
Deploring that slowly there has been an erosion of judicial credibility, the apex court judge said “it is not because of less intelligent or less efficient judges but because of judges who are perceived as corrupt and dishonest judges”.
Justice Joseph also stressed upon the need for judges to be cautious in their conduct “outside the courtroom” since it was also one of the contributing factors to the “erosion of judicial credibility”.
Talking about pendency, the judge lamented that “there was disposal mania in all high courts as disposal was happening without going into details of the case”.
Urging judges to strike a balance between quality of justice and number of cases disposed, Justice Joseph expressed concerns about how they are “mesmerised by high-sounding and high-paid lawyers”. He also struck a note of caution for the Bar to identify “black sheep” within it too.



Editor's PickSpeaker an independent institution or merely a member of a political party
http://www.indlawnews.com/display.aspx?4343
Smith Chandra
May it please your majesty I have neither eyes to see nor tongue to speak in this place, but as the house directs me whose servant I am here.[1]
Introduction
The present political fiasco makes us reason out this debate. One of the most endearing facts during the trust vote was the dilemma of Shri Somnath Chatterjee; whether to be with the CPI (M) or remain faithful to his position of the Honble Speaker of Lok Sabha. We all know what he chose. Now the big question is, whether the speaker is a partisan or a non-partisan body? Who should he favour? His party or his chair.
Throughout the history of the Commonwealth Parliament there have been many occasions when the House has debated the best means of ensuring that the Speaker can conduct the proceedings of the House of Parliament impartially and with decorum. While these debates often feature accusations of bias and partiality and stringent denials and counter-accusations, this is part of the cut and thrust of Indian politics. Generally, successive speakers have striven to preside over parliamentary proceedings impartially, irrespective of their political affiliations, although there have been some exceptions.
The mother of all Parliaments: Britain
Frequently the independence of the Speaker is seen as a matter to be determined in a structural or institutional way. Separating the Speaker from party is seen as enhancing the capacity to be impartial. But structure is not the only factor. Indian political history and culture, and constitutional development, have profoundly affected the past and present operation of the office, and also influence and constrain options for change.
Before discussing more about the partial or impartial role of the Honorable Chair of the Speaker, it will be very fruitful if we discuss this context in light of the British Parliamentary system, as we owe all the attributes of our Parliamentary system from the British Parliamentary setup.
The model against which the independence of the office of Speaker is generally measured is that of the House of Commons of Great Britain. There the Speaker inherits the mantle of spokesperson for and defender of the House of Commons in its historic struggle for Parliamentary supremacy against the monarchy. British practice is that once elected, the Speaker continues in office unopposed for as long as he or she remains a Member of Parliament. The Speaker is impartial in the Chair, withdraws from party meetings and does not debate party issues.
The Indian Experience
Article 93 of the Indian Constitution talks about the Speaker of the Parliament. The office of the Speaker is one of the great responsibilities. The Speaker is the Chief Officer of the Lok Sabha, he presides over its sitting and controls its working. He upholds the dignity and privileges of the House. It is expected that once elected he must rise above party interests. This is necessary to maintain impartiality. The Constitution of India contains certain provisions for maintaining independence and impartiality of the Speaker. His salary is charged on the Consolidated Fund of India and is not subject to annual vote by Parliament. He cannot be removed from his office except by a resolution passed by a special majority.
But the high tradition of this office and the honour and dignity with which this office is looked upon in England has not been maintained in India. Recently the conduct of the Speakers in Punjab and Tamil Nadu has given rise to a demand that the Constitution be amended and the limitations of the Speaker may be clearly laid down. The Speakers of these States have ruled that the Government in these States were illegally constituted. In pursuance of their rulings, they adjourned the Assemblies of the States sine die. They based their rulings on the ground that persons selected as Chief Minister by the Governor to form the ministry were not the leaders of the majority party and hence the Government headed by them was unconstitutional.
The Supreme Court has also disapproved the action of the Speaker in these States. In Satpal Dang vs State of Punjab[2], the court declared the ruling of the Speaker as illegal and null and void, because it was beyond his powers. Also in A.K. Molhialgan vs The Governor[3], The Madras High Court held that the adjournment by the Speaker was not a proper and bonafide exercise of the power of adjournment.
It is widely accepted that the Speakers in these States has acted against the well established high traditions of this dignified office. They have misused their powers to adjourn the Assembly. It is the House which is Supreme and not the Speaker. They have misused their powers to favour the Party to which they belong. Today the Speaker reflects the colour of his party more than the colour of being an impartial guardian of the House, who treats all his children (Member of Parliament) equally. Sometimes it is felt that the Speaker is paying royalty to his party for recommending his name for the Chair.
Impediments to the adoption of the British System
A fundamental objection to making the Speaker''''''''s electorate non-contestable is seen to be the fact that this would deprive the people of that electorate of the choice of member. Thus there would be no opportunity or requirement for electors to cast their votes. This would be a serious breach of democratic rights, and inimical to Indian democratic principles. It would be difficult to enforce such a practice. Parties might agree not to contest the electorate, but such agreements could scarcely bind other citizens wishing to stand as independent candidates. Should the Electoral Act be amended so as to provide a reserved and non-contestable seat, it is likely that the Supreme Court would rule that this was unconstitutional.
Suggestions
With major impediments to the sort of changes that would see Indian adopt the British model of a non-party Speaker, how then can the House ensure that the Speaker can act with independence and impartiality, and not appear a partisan servant of the government?
Primarily, it seems that unless the Indian Parliament legislates on the issue, or modifies Standing Orders to this purpose, it must continue to approach the goal of an independent Speaker through the qualities, experience and efforts of the person holding the position, and through the co-operation of other members. This involves potential costs and benefits: the costs might be occasional loss of immediate partisan advantage, but the benefits are likely to accrue to the standing of the House.
Secondly, the office of the Speaker should be made an independent body and the person to this body should not be elected among the Members of Parliament but rather he should be appointed to the office of the Speaker. A retired Chief Justice of India or the Chief Election Commissioner can be appointed to the post of the Speaker.
Thirdly, after serving as the speaker of the Parliament, the concerned person should be barred from contesting a general election for a stipulated period.
All the above mentioned suggestions are aimed at improving the working and efficacy of the Speaker and the House on the whole. The time has come that India should take up this prestigious matter with a catholic mindset and try to amend the provisions regarding the Speaker. I hope that any of the above mentioned suggestion if incorporated can revolutionalise the Office of the Speaker.

(Smith Chandra, student of Unison School of Law, Dehradun)
[1] These words are of speaker William Lenthall which he spoke to King James in 1642.
[2] 1968 INDLAW SC 429
[3] AIR 1973 Mad. 198



Bomb threat in Delhi's Tis Hazari court
http://headlinesindia.com/burning-issues-news/terrorism/bomb-threat-in-delhis-tis-hazari-court-4023.html
New Delhi: There was panic in the Tis Hazari courts here today after an anonymous caller threatened to blow up the complex, leading to proceedings being suspended for the day not just in the lower courts but also in the Delhi High Court, police said. “A call was received at the nearest police station at 9.12 AM claiming that six people would enter the court complex in lawyer's dress and would plant explosives in the premises,” the official added.
He also said that the sprawling court complex in north Delhi would be blown up between 10 AM to 2.30 PM. “We have rushed to the scene along with the bomb disposal squad. Intensive searches are being carried out in the court complex,” the official added.
Following the threat, the Delhi High Court suspended all hearings, scheduled today, for Friday. (IANS)




Vishal Dadlani's online petition
http://www.glamsham.com/movies/scoops/08/dec/04-vishal-dadlanis-online-petition-120806.asp
December 4, 2008 4:32:16 PM ISTBollywood Trade News Network
The recent Mumbai terror attacks have attracted wide spread condemnation and anguish among the people. Many voiced their opinions and views over it. Some even took the courage of taking an action in some or other form. And one such person is popular music composer Vishal Dadlani of the Vishal–Shekhar duo who composed the music for OSO, BACHANA AE HASEENO, DOSTANA, etc. Apparently composer Vishal has taken up a cause that he believes will protect the lives of the security forces during anti–terrorism operations. He has taken a stand against the live telecast by news television channels. According to him media exposed the plans of the military and National Security Guard as they tried to overwhelm the terrorists and rescue hostages, which is not right when certain crucial operation is being carried out. It is totally unfair and very dangerous for national security. Such coverage should be classified but the television channels were broadcasting it. They were trying to outdo each other in getting closer to the action and giving more details. He also protested against one more point whether morally and legally is it correct that the TV channels should have broadcasted the live phone call, purportedly from one of the terrorists. He further added that he is not against any particular channel but media should have certain code of conduct and they should behave in a certain manner during any such crisis. And so to pass his message across Vishal has filed an online petition against the coverage. Vishal hopes that the courts will take cognizance of the petition and make it a PIL (Public Interest Litigation) so that the things can move faster. If you want to raise your voice and join hands with Vishal than log onto http://smallchange.in/



Maharashtra, Centre get HC notices on tackling terror
http://news.in.msn.com/national/article.aspx?cp-documentid=1715423
Thursday, December 04, 2008
Mumbai: The Bombay High Court today issued notices to Maharashtra and Central governments asking them to file affidavits explaining the steps taken or to be taken to prevent terrorist attacks in future.The directive came in response to two PILs filed in wake of the November 26 attacks in the metropolis that killed 170 persons and injured over 300."Please examine whether constitutional rights to life also cover right to live with safety and a sense of security," a bench headed by Chief Justice Swatanter Kumar said.In an apparent reference to media coverage of the terror strikes, the Chief Justice said exposition of security plan by "media" had gone too far. It would be an issue to be examined in one of the PILs, he said.The PIL filed by advocate V P Patil alleges that there was a systemic failure which allowed the terror attacks to happen. Another PIL, filed by Society of India's Law Firms, sought setting up of a citizens committee to tackle the menace of terrorism.The court has given the state and union governments two weeks time to file their replies. © Copyright 2008 PTI. All rights reserved.MSN Special



Bihar rolls back hike in court fees
http://www.sindhtoday.net/south-asia/41112.htm
Dec 4th, 2008 By Sindh Today
Patna, Dec 4 (IANS) Bihar has rolled back the hike in fees for filing petitions in courts, an official said Thursday.
This move was welcomed by about 80,000 lawyers, including those of the Patna High Court and district courts, who early this year protested against the government’s move of last year to hike the fees.
The lawyers said the hike would have affected the common man, particularly the poor seeking justice.
According to the government gazette last year on the new fee structure, the charge for filing a public interest litigation (PIL) in the high court would have gone up to Rs.1,000. However, now PILs can be filed free of cost, and other petitions for a fee up to Rs.500 depending on the nature of the case.



‘Fraud’ in installation of septic tanks: High Court reprimands Punjab govt
http://www.indianexpress.com/news/fraud-in-installation-of-septic-tanks-high-court-reprimands-punjab-govt/393516/0
Posted: Dec 03, 2008 at 0100 hrs IST
It is a sorry state of affair in Punjab. Around 70 per cent of septic tanks installed in various villages of Punjab have failed within six months of their installation. Expressing shock over this, the Punjab and Haryana High High Court pulled up the Punjab Government on Tuesday for its “sheer inaction in a fraud” concerning the project worth Rs 65 crore.
A Division Bench comprising Chief Justice Tirath Singh Thakur and Justice Jasbir Singh were taken aback after the court was apprised that 67 per cent of the septic tanks installed in various villages of Punjab were faulty and useless.
Taking the Punjab government to task, the Chief Justice decided to hand over the case to Central Bureau of Investigation (CBI). However, after repeated requests made by the Punjab government counsel, the High Court relented. The case will now be probed by the Punjab Vigilance Bureau.
The ‘fraud’ came to light after two residents of Gurdaspur filed a public interest litigation (PIL) alleging that the project has been a total failure since a majority of the tanks were faulty.
Interestingly, an affidavit filed by a senior government officer pointed out that the failure in the case was 94 per cent. Surprisingly, after the petition was filed in the High Court, the same officer said the failure rate was only 18 per cent. Smelling foul in the case, the High Court appointed a committee which gave the finding that 67 per cent of the septic tanks were faulty in the state.
“The entire project of Rs 65 crore has gone to dogs. Not a single village has been benefitted from this project. How can the system accept such a situation? Have your officers ordered any inquiry? Your secretary and officers should be put in the dock. This is a case of patent fraud on the state exchequer,” the Bench said.
According to the report filed by the Court committee, septic tanks have failed in three districts. While in Gurdaspur, the installation of tanks has been 100 per cent failure; in Jalandhar, the failure is 67 per cent in eight villages and over 20 per cent in Ludhiana.
“Somebody has handed over faulty tanks worth Rs 7 crore and run away,” remarked an angry Chief Justice.
Taking strong exception to the inaction on the part of the Punjab government, the Chief Justice observed: “All those persons, right from supplier, contractor to officers, found guilty of misconduct needed to be booked and put behind bars.”
The counsel for Punjab government requested the High Court to allow the state agencies to investigate the case. “We don’t want to trust any state agency that is sleeping over this. You don’t have money for development but you have money on faulty tanks and allowing thieves to run away. You had two years to take action but you didn’t take any action. It is a daylight robbery. If there is a case of public interest where High Court’s intervention is required, then this is the one,” the Chief Justice observed.
The DIG of CBI was directed to appear in the Court within an hour. The DIG appeared and was apprised of the case. But when the counsel for Punjab government assured fair investigation by the Punjab Vigilance Bureau, the High Court did not hand over the case to the CBI.
However, the Court has made it clear that if the Punjab Vigilance drags its feet then the case will be handed over to the CBI at any stage.



Lawyers’ association files PIL
http://www.dnaindia.com/report.asp?newsid=1211303
Anshika Misra
Thursday, December 04, 2008 03:30 IST
Its members want the state to set up a quick response team to tackle terrorEchoing the city’s frustration at the government’s inability to ensure citizens’ security, the Society of Indian Law Firms (SILF) has filed a PIL in the Bombay High Court urging for establishment of better security measures.
“The petitioners are seriously concerned about the lack of security and safety of the citizens of Mumbai and Maharashtra in the wake of the terrorist attacks,” the petition filed by SILF, an association of the country’s top law firms, reads. “There is a sense of great insecurity in the city. It is impossible for trade, business or arts to thrive in such an atmosphere when even the basic sense of safety and security is weak or absent.”
The PIL is likely to be heard on Thursday along with another PIL filed by a city lawyer seeking the appointment of an enquiry panel to probe the terror attacks.
SILF’s petition seeks the setting up of a Quick Response Team, proposed by the state government in 2002 to tackle terrorist-related threats, and stationing of a permanent unit of the National Security Guards (NSG) that led the rescue operations in the recent attacks. It points out that between March 1993 and September 2006 the city has faced over 10 terrorist attacks. “The impunity and frequency of these attacks has now created a sense of frustration, despondency and deep insecurity.”
Contrasting this to how New York City (NYC) tightened its laws and upgraded security measures post 9/11, the PIL says the measures taken by NYC have ensured that there has been no recurrence of terror attacks.
The petition seeks better protection of the state’s coastline, setting up of a crisis management plan and citizens’ coordination committees and installation of CCTV cameras at key sites. The petition has also sought implementation of the recommendations made by the National Police Commission Reports and the McKinsey Report (2006) and a time-bound plan to train and better equip the police and security personnel.



Only aggrieved parties should approach court’
http://www.indianexpress.com/news/-Only-aggrieved-parties-should-approach-court-/394029
Express News Service Posted: Dec 04, 2008 at 0217 hrs IST
Chandigarh: A division Bench of the Punjab and Haryana High Court headed by the Chief Justice Tirath Singh Thakur today expressed strong disapproval over the misuse of public interest litigations (PILs).
The Chief Justice made it clear that only aggrieved parties should approach the court and not the motivated parties. The court took the petitioner, a local advocate named Vikram, to task for filing a PIL levelling serious allegations of corruption against the Vice-Chancellor of Chaudhary Devi Lal University.
The Chief Justice was taken aback when he was informed that the petitioner was an advocate and not an aggrieved party who has some evidence of gratification against the Vice-Chancellor. “Suddenly an advocate sitting in the Bar room stands up and files a PIL. He has no business to come forward. Let the aggrieved party come to the court,” remarked the Chief Justice.
The counsel for the advocate stated he has filed the PIL since he was a former student of the university. “So you mean to say that he has great love for the institute that is why he wants to denigrate the system and the Vice-Chancellor of the university,” asked the Chief Justice. The counsel for the petitioner vehemently argued that the Vice-Chancellor has made certain admissions by favouring some of the candidates on the direction of the Chief Minister.
Questioning the basis on which the counsel was making the serious allegations, the court observed: “We will record your statement and ask your client if you are making the statement on his instructions. He can be prosecuted outside the court for defamation. We are not against judicial reviews but its not that anybody can stand up and come to the court demanding anything. Only aggrieved parties should approach the courts. Either withdraw the petition or we will dismiss it with heavy cost,” the Chief Justice said.
Raising eyebrows over the intention of the petitioner, the Chief Justice added: “There is somebody behind you. You can’t be doing this for the love of the institute. There surely is some pressure from a group within the university.”
After receiving a dressing down, the counsel sought time to argue the case. The case has been adjourned for next week.



Witness protection scheme need of the hour: HC
http://www.indianexpress.com/news/Witness-protection-scheme-need-of-the-hour--HC/394037
Express News Service Posted: Dec 04, 2008 at 0220 hrs IST
Chandigarh: While commenting on a public interest litigation (PIL), the Punjab and Haryana High Court on Wednesday admitted that there is a need for witness protection scheme in the country.
A Division Bench headed by Chief Justice Tirath Singh Thakur observed that witness protection has not been adopted in India like in foreign countries. The observations were made in wake of a PIL filed by Paramjit Singh, a resident of Malout. The petitioner had alleged that he was falsely implicated in the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Punjab Police. Paramjit was a witness in the case.
The case registered against him was quashed last year and a case registered against the erring police officers. The petitioner had filed a PIL demanding protection for all those witnesses who were harassed by the police officers.
Refusing to show any conviction in the averments raised in the PIL, the Chief Justice said that no general directions can be passed in such a case. Arguing on behalf of the petitioner, Advocate Amit Sharma had contended that directions be issued to trial courts that trials pending against police officers should be expedited and be heard on day-to-day basis.
“We will not pass any general directions. There are competing priorities. Just because a police officer has been chargesheeted, it does not mean that cases of senior citizens, NRIs, widows and other important cases should be delayed. There is no need for directions to the trial courts. Do you think that by passing one order, every witness will be protected and no police officer will intimidate a witness?” asked the Chief Justice.



HC suspends courses on electro homoeopathy in Punjab
http://www.indianexpress.com/news/HC-suspends-courses-on-electro-homoeopathy-in-Punjab/394050
Express News Service Posted: Dec 04, 2008 at 0230 hrs IST
Chandigarh: The Punjab and Haryana High Court has ordered that no institute imparting electro homoeopathy in the state of Punjab will run till further orders of the court.
The directions were passed in wake of a public interest litigation (PIL) filed by one Kuldeep Singh, a resident of Punjab, demanding action against all those institutes which were imparting education in electro homoeopathy.
The petitioner had averred that electro homoeopathy is not a recognised system of medicine and had not gained the recognition from the Government of India.
In the petition that came up for resumed hearing on Wednesday, the High Court made it clear that any institute commits fraud, the Punjab Police will be at liberty to lodge an FIR and carry out investigations. No arrest will, however, be made without the prior permission of the court.
While the petitioner has submitted that these institutes are duping people by imparting courses in electro homoeopathy, the Association of Electro-Homoeopathy maintains that though the technique has not been recognised, the institutes are not committing any fraud and have not duped any person. The case has been adjourned till January 28.



NHRC: Child labour rampant in the country
http://www.indlawnews.com/Newsdisplay.aspx?9900cf04-8d85-4100-a60c-bb6f61e7ea81
12/4/2008
NHRC has directed Aligarh District Administration in Uttar Pradesh to submit within 4 weeks its report on the rampant child labour by the lock industry.NHRC in its order issued yesterday has taken serious note of its study carried out by Aligarh Muslim University and investigation carried out by a leading English daily from New Delhi alleging that around 14 thousand children in the age group of 5 to 16 years are presently working in Aligarh.A complaint was filed by Radakanta Tripathy , an advocate who had demanded action against the employers of child labour for violating the human rights of children.NHRC in its order has said in case Deputy Magistrate and Labour Commissioner Aligarh failed to submit report NHRC may proceed to take such action as it may deemed fit.UNI


UP panchayat penalises 'greedy' grooms
http://timesofindia.indiatimes.com/India/UP_panchayat_penalises_greedy_grooms/articleshow/3793485.cms
4 Dec 2008, 1759 hrs IST, PTI
MUZAFFARNAGAR: The demand for dowry spelled trouble for two grooms, both brothers, and their family members, who were held captive for several hours by angry villagers and forced to pay a "penalty" of Rs five lakh by a community panchayat on Thursday. The panchayat also annulled the two marriages after the family of the brides, also sisters, refused to send their daughters with the grooms, local residents said. Nuruddin, a resident of Kulheri village, had fixed the marriage of his daughters with Inam-ul Haq and Jiya-ul Haq hailing from Chatela hamlet a few days back. Last night, when the marriage was being solemnised, the grooms' father allegedly demanded Rs five lakh in dowry and threatened to call off the wedding. Angry villagers held Inam and Jiya captive and refused to release the duo until the issue was settled by the community panchayat. The panchayat which met on Thursday directed the grooms' family to pay a penalty of Rs five lakh to the brides' family, a decision to which both the parties agreed.


Right to 'Reject'
http://timesofindia.indiatimes.com/India/Right_to_Reject/articleshow/3790230.cms
4 Dec 2008, 0331 hrs IST, Anindo Dey, TNN
JAIPUR: Elections are about choosing your representatives. Little do people know that, if, in case, they do not think any of the candidates is worthy of their endorsement, they can also, obliquely execrise their right to reject all the candidates in the fray. Chief electoral officer of Rajasthan, Vinod Zutshi, while affirming that it’s the job of presiding officers to encourage people to vote, conceded that voters, may, if they so, wish, record their decision not to vote in favour of any of the contesting candidates. As he put it: “In the extreme event that a person does not wish to cast his vote to anyone, he can register his decision not to exercise his choice under Section 49 (0) of the Conduct of Elections rules 1961.” According to the provision in Section 49 (o) if an elector decides not to vote then after his electoral roll number has been duly entered in the register of voters and he has put his signature or thumb impression, a remark stating the wish of the electorate of not voting is to be made by the presiding officer and the signature or thumb impression of the elector is to be obtained against such remark.



Federal Investigating Agency Bill likely in coming session
http://timesofindia.indiatimes.com/India/Federal_Investigating_Agency_Bill_likely_in_coming_session/articleshow/3789548.cms
4 Dec 2008, 0000 hrs IST, TNN
NEW DELHI: The government might have dithered for long in setting up a Federal Investigating Agency (FIA), but post-Mumbai terror it is seriously considering a legislation to set up such a body to probe cases of terror and other "federal crime". If things go as planned, the Bill could be introduced in the coming session of Parliament.
A top government official said, "We are giving it serious consideration. Work has already started on the Bill.'' However, he evaded a question on how the Bill would sail through Parliament since there is lack of unanimity.
While BJP wants the government to bring back POTA as a condition to support FIA, Left and BSP want the states to be on board. The official said, "One hopes unanimity would be achieved.''
He pointed out that Centre has enough powers through entry 1, 2, 8 and 97 under the Union list of the 7th schedule of the Constitution to create an FIA.
While entry 1 talks about "defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war", entry 8 deals with "Central Bureau of Intelligence and Investigation". Asked if the proposed FIA would be created under CBI or function independently, the official said, "There are two views in the government. CBI does not have the wherewithal to deal with terror crimes. Moreover, CBI has earned a reputation. We would not like that image to reflect on FIA. It would be better if FIA starts with a clean slate and carve out its own identity.'' However, another view is that the changes can be made by amending the Delhi Special Police Establishment Act -- which governs the functioning of CBI -- using the provision of entry 8. And under the new law, the state police as well as CBI could be given concurrent jurisdiction over investigation of all such crimes. In that case, there will be a specialized (but independent) division within CBI to investigate terror offences and other "federal crimes". "The autonomy and independence of the division may be ensured through a laid down procedure of appointment and assured fixed tenure for all its personnel unlike the CBI chief who is the only one in the agency at present enjoying a fixed tenure of two years," the official said. Preparation is also on to find out as to what type of crimes should be included as "federal crimes" which could be investigated by the FIA. The preliminary discussion over the issue has broadly identified terrorism, organised crimes, any act threatening national security, trafficking in arms and human beings, sedition, assassination (including attempts) of major public figures and serious economic offences as ones to be included in the Bill. Another proposal is about bringing an amendment to the National Security Act, 1980, to constitute a National Security Authority that will take charge of administration and supervision of all investigations of terrorism-related crime having inter-state ramifications and cross-border links. The Authority, which would have a chairman and five members, would also be responsible for prosecuting the accused. Under this plan, each state is likely to have a Security Commissioner, preferably a senior IPS officer, reporting directly to the Authority. The preliminary draft provides for stringent bail provisions, fast track courts and allows the states to freeze assets and bank accounts of terror accused and their overt and covert sympathisers and sponsors. Sources said an ordinance could be brought to set up the agency if there was no time to get the Bill passed.



4100 terror attacks in India from 1970-2004
http://timesofindia.indiatimes.com/India/4100_terror_attacks_in_India_from_1970-2004/articleshow/3788135.cms
3 Dec 2008, 1359 hrs IST, IANS
WASHINGTON: India faced more than 4,100 terrorist attacks between 1970 and 2004, accounting for more than 12,000 fatalities, according to the Global
Terrorism Database. The database is maintained by the University of Maryland and the US National Consortium for the Study of Terrorism and Responses to Terrorism (START). START's Terrorist Organisation Profiles (TOPs) collection has information on 56 groups known to have engaged in terrorism in India, including the Students Islamic Movement of India (SIMI). About 12,540 terrorist-related fatalities in India between 1970 and 2004 - an average of almost 360 fatalities per year from terrorism in India. These fatalities peaked in 1991 and 1992, when 1,184 and 1,132 individuals (respectively) were killed in such incidents, a University of Maryland statement said. These figures are on the lower side as official figures in India put the toll at around 70,000 deaths. Terrorists in India have employed a variety of attack types over time, 38.7 percent of terrorist events were facility attacks, 29.7 percent were bombings (in which the intent was to destroy a specific facility), and 25.5 percent were assassinations. Last week's terror attacks in Mumbai, which left at least 183 dead, would be classified as a series of coordinated facility attacks.