LEGAL NEWS 17/18.01.2009

Govt, CJI divided over impeaching judge
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20090080040
Sunil Prabhu
Wednesday, January 14, 2009, (New Delhi)
As court receiver, Justice Soumitra Sen received over 60 lakh rupees but put them in a personal bank account rather than an official one. But Justice Sen can breathe easy for now.The UPA government is in no hurry to begin impeachment proceedings in Parliament against him. The Chief Justice of India wants him removed for misconduct.The case has divided the Law Ministry. The Secretary believed there is a clear case for a chargesheet and Sen had to go. But Law Minister H R Bhardwaj says: "I cannot make a promise. I'm still in doubt whether this could constitute grounds from impeachment."An inquiry by judges held Justice Sen guilty of bringing disrepute and dishonour to his office.As court receiver, he received over 60 lakh rupees but put them in a personal bank account rather than an official one.The problem is the government cannot be seen as ignoring the Chief Justice of India's recommendation for removing Sen, specially since he has over a decade to retire."It is not our priority there are few days of legislation left and no final decision has been taken on this case," says the Law Minister. Impeaching a judge is such a rare and cumbersome matter that it's only been done once. But in this case, when even the Chief Justice wants Justice Sen to be impeached, the government is unwilling.Ideally the government would be keen to avoid the ordeal of a removal of judge as it is not only lengthy and cumbersome, but with Justice Soumitra Sen refusing to oblige and resign his nightmare of being impeached will have to go through.




HC admits writ petition of Mahanth challenging his removal
http://timesofindia.indiatimes.com/Cities/Patna/HC_admits_writ_petition_of_Mahanth_challenging_his_removal/articleshow/3990782.cms
17 Jan 2009, 0315 hrs IST, TNN
PATNA: The Patna High Court on Thursday admitted a writ petition challenging the validity of the amended provisions of Bihar Hindu Religious Trusts Act incorporating the words Maryada (prestige), Sampradaya (sect) and Dharmashastra to remove the Mahanths of maths and temples who were married. A division bench, comprising Acting Chief Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan, admitted the writ petition of Mahanth Narayan Das Udasin who challenged his removal from the position of Mahanth of a temple on the ground that he was married. Petitioner's counsel Krishna Nandan Singh challenged the appointment of Acharya Kishore Kunal as the administrator of Bihar State Board of Religious Trusts alleging that he being already the trustee member of Mahavir Mandir Nyas Samiti could not become administrator of the Board of Religious Trusts to look after the affairs of the religious trusts under a provision of the Act which existed at that time. Such provision of the Act was deleted later on, he added. Opposing the writ petition, Board counsel Kamal Nayan Chaube, submitted that under provision of Section 8(a) of the Act the appointment of Kishore Kunal as administrator of the Board was valid. Cat issues notice: The Central Administrative Tribunal (CAT), Patna bench, has issued show cause notice of contempt to Union home secretary Madhukar Gupta for not complying with its order to count the service of an IPS officer, Shatrughan Prasad Singh, for his promotion from the date of his appointment on April 24, 1974, as DSP. A bench of the CAT, Patna, comprising Justice P K Sinha and its member Amit Kushari, in its verdict directed the Union home secretary to give grant of allotment of IPS to Shatrughan Prasad Singh from 1986 instead of 1987. But the Union home secretary adhered to his earlier stand not granting him promotion to IPS from 1986, submitted the petitioner's counsel, Vivekanand Prasad Singh.




MLN MBBS students case: HC asks Centre, state govt, AU to file replies
http://timesofindia.indiatimes.com/Allahabad/MLN_MBBS_students_case_HC_asks_Centre_state_govt_AU_to_file_replies/articleshow/3986285.cms
16 Jan 2009, 1848 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has asked the Union government, the state government, the Allahabad University and Chhatrapati Sahuji Maharaj Medical University, Lucknow, to file replies on a writ petition filed by the MBBS students of the MLN Medical College, Allahabad. The students had challenged the notification issued by the Union government on July 9, 2008, whereby MLN Medical college was de-linked from the Allahabad University. The order was passed by Justice Rakesh Tiwari on a writ petition filed by about 35 MBBS students. The students moved the court stating that they took admission in MBBS course about three to five years back in different batches and had been the students of the Allahabad University. The petitioners pleaded that now, after the issuance of the notification by the Union government for delinking the MLN Medical College from the Allahabad University, the question arose that who will hold the examination of the petitioners. The court has granted six weeks time to the respondents to file replies. The court has also issued notice to the visitor of the Allahabad University.




Writ on Kandhamal allowed to be withdrawn by Orissa HC
http://www.indopia.in/India-usa-uk-news/latest-news/479554/National/1/20/1
Published: January 16,2009

Cuttack , Jan 16 The Orissa High Court has allowed a petitioner to withdraw her writ pertaining to the situation in Kandhamal district observing that the Supreme Court was already seized of the matter.
Petitioner Kesamati Pradhan of Raikia area in Kandhamal, which was rocked by violence following the killing of VHP leader Laxamananda Saraswati on August 23 last year, had filed a petition last week alleging that the state government, without bothering to improve the situation in the district, was forcing those sheltered in relief camps to leave.
The bench of Chief Justice B S Chouhan and Justice Indrajit Mohanty refused to pass any ruling yesterday on the writ by Pradhan, who described herself as a social activist, observing that the Supreme Court was already monitoring a similar petition.
"The writ is permitted to be withdrawn as we do not want to multiply the court proceedings,"the bench observed.
Source: PTI




SC moves HC against CIC order on judges' assets
http://timesofindia.indiatimes.com/SC_moves_HC_against_CIC_order/articleshow/3991267.cms
17 Jan 2009, 0134 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: Worried over the fallout of a recent Central Information Commission (CIC) order on making the assets of judges public, the Supreme Court registrar on Friday challenged it before the Delhi high court saying that this information, not being in public domain, could not be given to RTI applicants. The high court is the appellate authority for challenging CIC's decisions — a fact that led to this unusual situation of the apex court moving a lower court over a dispute. The apex court said information relating to declaration of assets by Supreme Court judges to the Chief Justice of India (CJI) was not a mandatory exercise under law, but driven by an informal resolution of May 7, 1997 — implying that information on judges' assets did not come under RTI's purview. The petitioner added said the CIC had committed an error by equating the Supreme Court and the CJI as one and the same authority whereas the CJI's position was quite distinct from that of the Supreme Court in terms of the RTI Act. "CJI is not a public authority, as defined under the RTI Act, and therefore, is not required to designate a central public information officer (central PIO) for it, or to supply information held or maintained by it," the appeal stated. The CIC had on January 6 only directed the central PIO of the SC to furnish information as to whether any declaration of assets had been filed by SC judges or not. But even this apparently innocuous order has led the Supreme Court to challenge the CIC order before the HC, saying that a public authority was bound to give information if these were available in public domain. The SC registrar added that details of judges' assets was not information which was held by or under control of a public authority, since it was voluntarily furnished to the CJI, who himself could not be included in the definition of "public authority". "There is nothing under the Constitution of India or under any other law which requires judges of the Supreme Court to declare their assets to the Chief Justice of India," said the petition, which was drafted by advocate Devdatt Kamath and settled by Solicitor General G E Vahanvati. Quoting section 8(1)(j) of the RTI Act which imposed a ban on furnishing of personal information, the SC Registrar said any query relating to assets of judges voluntarily declared before the CJI squarely fell within the meaning of Section 8(1)(j). Moreover, "the office of the Chief Justice of India is a distinct office. It performs certain constitutional functions and cannot be equated with or said to be part of the registry of the Supreme Court, which holds information relating to other matters of the Supreme Court under the RTI Act." dhananjay.mahapatra@timesgroup.com




Apex court grants bail to Ashok Todi
http://news.hinduworld.com/click_frameset.php?ref_url=/index.php&url=http%3A%2F%2Fwww.newkerala.com%2Ftopstory-fullnews-76235.html
New Delhi, Jan 16: The Supreme Court Friday granted bail to West Bengal-based industrialist Ashok Todi - facing trial for driving his son-in-law Rizwanur Rahman to suicide in 2007 - but warned him against influencing witnesses.
A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam also granted bail to Ashok Todi's brother Pradeep Todi, who too is an accused in the case. The Todi bothers had approached the apex court after the high court last month rejected their bail pleas.The apex court granted the two brothers bail on a personal bond of Rs.100,000 each, besides the surety for each of them that they would not jump bail. The bench also cautioned them against making any attempt to interfere with the ongoing probe or influence witnesses.Rahman, a Muslim graphics designer in Kolkata, had committed suicide a month after his marriage to Todi's daughter Priyanka, a Hindu. The two had married against the industrialist's wishes. Rahman's body was found near a railway track Sep 21, 2007.The apex court bench asked the Todi brothers to surrender their passport to the Central Bureau of Investigation, which is probing the case. The bench also stipulated that they would keep the CBI informed of their whereabouts and their new address if they change house.The CBI, which had probed the case on the Calcutta High Court's order, had earlier indicted the Todi brothers, their brother-in-law Anil Sarogi and another accomplice, Mohammed Moiuddin, for driving Rahman to commit suicide.The seven indicted also included three police officers - Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das. They have been charged with abetment of suicide, criminal intimidation and conspiracy.
--- IANS




Indian lawyers begins unrest.
http://qualandar.wordpress.com/2009/01/16/indian-lawyers-begins-unrest/
Posted on January 16, 2009 by qualandar
The Bar Associations of North Indian states compromising of states of Uttar Pradesh, Uttaranchal, Himachal Pradesh, Punjab, Haryana, Jammu and Kashmir and Delhi have announced complete strike on January.19. 2009.
This is first co-coordinated effort by Bar Associations of India to oppose the Bill which seeks to amend section 41 and section 309 of Criminal Procedure Code of India.
Different bar Associations in India has been resorting to strikes, quite now and then for the last couple of months.
Circulars and Bills issued on respective Letter heads of Bar Associations, warns of strict action if any lawyer were to be found violating the call of strike.
The lawyers of whole of India would again go on strike on Feb, 3.2009.They have announced nation-wide demonstration and protest marches and street corner meeting against the Bill on 18 Feb, 2009.
Mr. Alit Make, the Urban Development Minister, who once belonged to legal fraternity, in an interface with lawyers held at Partial House courts Delhi on 15Jan 2009 vowed to take up the issue with his colleagues in the Cabinet, the prime minister, and the president of India against the proposed Bill.
The Bill takes away certain categories of offences under sections 41 and 309 Criminal Procedure Code of India, which gives mandatory arrest power to the police.
Among the grouses of the lawyers is that the law if enacted will eat into their work substantially reducing their income. A sizeable income of the lawyers is generated by Bail related works.
According to the proposed amendment it would not be mandatory for the police to arrest the offenders involved in theft, assault, dowry related cases, chain snatching, and child abduction, pick-pocketing, stabbing, infringement of copyright and trade marks.
Human rights groups say that sweeping power of arrest in a poor country like India where 800million people some how manage to earn Rs. 20/- per day, the power punishes the delinquents and their dependents too harshly.
Thousands languish behind bars or tears an ends even after courts have ordered their release, because they are not able to arrange the security which usually Rs. ten thousand equivalent to 200 U.S dollar.
Lawyers say this will increase the incidence of crime and aggravate security related problems
Filed under: Indian Journal




HC orders to snap water, power supply of lila Kunj Apartment
http://timesofindia.indiatimes.com/Allahabad/HC_orders_to_snap_water_power_supply_of_lila_Kunj_Apartment/articleshow/3991249.cms
17 Jan 2009, 0724 hrs IST, TNN
ALLAHABAD: The Allahabad High Court, on Friday, directed the district administration to immediately disconnect electricity, water and other connections from the vacated flats of the illegally constructed Lila Kunj Apartment on Beli Road here. The court passed the order when it was informed by Ramanand Pandey and AK Misra, appearing for the state government and the Allahabad Development Authority (ADA) that the occupants have vacated the flats. Passing the order on a writ petition filed by Anand Kumar Pandey and other residents of the building, a division bench comprising Justice Amitava Lala and Justice Arun Tandon said: "Since the residents/allottees of the flats have vacated their accommodation, therefore, the court do not find any hindrance on the part of the builder to carry out the demolition of the illegally constructed flats of the `Lila Kunj' apartment within 15 days from today." The judges have also directed that the appropriate an authority of the ADA, accompanied by the state authorities, will make a formal inspection of the premises/building by January 19 (Monday) and submit a report in the court by the next date fixed to hear the case. It might be recalled that the residents of the illegally constructed apartment vacated their flats, when the high court passed an order on January 12, giving the allottees a last opportunity to vacate the premises within 48 hours and had also directed the DM/SSP to cordon off the building so that outsiders may not enter its premises. The judges took strong action in the matter, when they were told by the ADA counsel that despite court's directive, the residents have not vacated the flats on one pretext or the other within the time limit of December 31, 2008.




Demolitions in Andheri, Versova get HC nod
http://timesofindia.indiatimes.com/Mumbai/Demolitions_in_Andheri_Versova_get_HC_nod/articleshow/3991062.cms
17 Jan 2009, 0004 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay high court on Thursday paved the way for what could be one of the biggest campaigns in the city to remove illegal constructions that dot the Andheri-Versova-Jogeshwari belt known to house many Bollywood starlets and production houses. A division bench of Justice J N Patel and Justice K K Tated approved MHADA's plan to initiate action against the unauthorised structures spread over 4,232 plots at Sardar Vallabhbhai Patel Nagar in Andheri and Adarsh Nagar in Jogeshwari. According to the plan, by February 15, 2009, MHADA will complete its survey of the plots and identify the illegal structures. The BMC will then take over and begin issuing showcause notices under Section 351 of the municipal law, which is a precursor to demolitions. The civic body has set a deadline of May 2010 to remove all the unauthorised structures, the cost of which would be borne by MHADA. In a bid to ensure that the demolition work is not impeded by long, drawn-out litigation, the high court has restrained subordinate courts from entertaining any application against the civic notices. All those aggrieved by the demolition notices would have to approach the high court directly. Both SVP Nagar and Adarsh Nagar are residential colonies planned by MHADA two decades ago for lower-income groups under a World Bank project. At SVP Nagar, there are around 3,032 plots which were allotted to 98 co-operative housing societies, while Adarsh Nagar comprised 1,200 developed plots that were allotted to individuals. "Of the 5,700 structures, the housing board has completed a survey of 90% of the structures,'' said assistant government pleader G W Mattos. "Most of the structures have illegal vertical and horizontal extensions. Even the mandatory open spaces have been encroached upon,'' added the advocate. The court took cognisance of the cases following a public interest litigation filed by city-based NGO Disha against the unauthorised constructions in the area. The area, though meant for low income housing, today houses film production houses and even an acting school. Initially, both the MHADA and the BMC passed the buck. MHADA claimed that under the Maharashtra Regional Town Planning Act, it was the civic body's duty to take action against illegal constructions, while BMC officials said that the unauthorised structures were encroaching on the housing board's land. The high court said the blame game should be stopped and directed the agencies to launch a joint drive. The court has scheduled the case for further hearing on May 15, 2009, when the BMC and MHADA will inform the high court of the progress of its demolition campaign.





Joshi approaches HC for counting of tender votes
http://timesofindia.indiatimes.com/Jaipur/Joshi_approaches_HC_for_counting_of_tender_votes_/articleshow/3990547.cms
17 Jan 2009, 0418 hrs IST, TNN
JODHPUR: State Congress president C P Joshi on Friday filed an election petition in Rajasthan High Court in Jodhpur. Though his lawyer M S Singhvi began the proceedings on Thursday itself, he could not complete it within the official hours. Singhvi, however, refused to disclose the details of the petition unless the notices are issued to the respondents Kalyan Singh and the State Election Commission, which is expected to take about a week. Joshi created history by losing the election from Nathdwara assembly constituency by a single vote to Kalyan Singh of BJP. Joshi secured 62,215 votes and accepted defeat when even a recounting reflected the same result. Talking to TOI before filing the petition, Joshi said, "It's not me. My supporters want me to take the issue to the court for the consideration of the tender votes. Tender votes are the duplicate votes, which are not considered during the main counting, and are at the discretion of the High Court to be counted." "The step should be construed as my respect to the sentiments of my supporters. I couldn't turn down their request and demoralize them ahead of the parliamentary elections. Besides, it will make the voters understand the meaning and significance of the tender votes," Joshi added. He said that it is necessary for each and every electorate to understand the value of a single vote. Stating that there were 10 tender votes in all, he said one must know what is hidden in them. Noted lawyer Mahipal Bishnoi said that even if the counting by the High Court brings victory to Joshi, he will not be declared winner replacing Kalyan Singh but the election will be declared null and void and fresh polls will be held in Nathdwara.




HC raps state taxmen for being `hyper-technical'
http://timesofindia.indiatimes.com/Patna/HC_raps_state_taxmen_for_being_hyper-technical/articleshow/3990150.cms
17 Jan 2009, 0326 hrs IST, Ravi Dayal, TNN
PATNA: The Patna High Court has castigated the commercial taxes department for not giving tax exemption to a small industry on purchase of raw materials and sale of finished goods, as promised under the Bihar Industrial Policy, 2005. In a judgment delivered recently, Justice Ajay Kumar Tripathi said the government must change its negative mindset as it would deter entrepreneurs from making investments in the state. The court allowed the writ petition of M/s Hebe Ispat which has set up its enterprise at Chhoti Pahari on the outskirts of Patna to manufacture iron and steel. It said it was attracted by the Bihar Industrial Policy 2005, which allowed the tax exemption for a specified period of time. The commercial taxes department said it denied the exemption to this industry as it was registered on August 31, 2000, whereas it should have been registered before this date to avail of the exemption. The petitioner contended it had applied for registration on August 29, 2000 itself. The court remarked the government has taken resort to "hyper-technicality and nitpicking while interpreting the industrial policy". "Such an approach would kill all the initiatives and enthusiasm of the entrepreneurs," Justice Tripathi said, directing the competent authority to consider the case afresh for tax exemption.





HC reinstates 200 DEd colleges
http://timesofindia.indiatimes.com/Nagpur/HC_reinstates_200_DEd_colleges/articleshow/3991618.cms
17 Jan 2009, 0357 hrs IST, TNN
NAGPUR: In a respite to the cancelled DEd colleges in Maharashtra, the Nagpur bench of Bombay high court on Friday reinstated 200 colleges. Approval of over 500 had been cancelled by the court. The court, while disposing of the case, had set aside National Council for Teachers Education (NCTE) approval to these colleges during their meetings numbering from 101 to 109, stating that they were not in conformity with directions passed by the central government. However, on Friday, Anand Parchure, counsel of the petitioner, filed an application under ‘Speaking two minutes’ in the court, requesting that NCTE meetings numbering from 101 to 103 were held before the filing of petition and hence 200 colleges sanctioned in these meetings should be restored. Another application was filed by advocate Firdos Mirza on behalf of Hindustani Shikshan Sanstha of Latur, stating that their college was finalised before the meeting and they had secured necessary no-objection certificates from the government itself. Therefore, their college should be reinstated.





HC stops Rajan Nanda from converting Escort
http://timesofindia.indiatimes.com/Business/India_Business/HC_stops_Rajan_Nanda_from_converting_Escort/articleshow/3990971.cms
17 Jan 2009, 0036 hrs IST, TNN
NEW DELHI: The Delhi High Court on Friday restrained industrialist Rajan Nanda from converting charitable trust of Escort Hospital into a private company. A division bench of Justice Mukul Mudgal and Justice Manmohan admitted the plea of Anil Nanda challenging a single bench order, which has earlier dismissed his plea challenging conversion of Escorts Heart Institute and Research Centre (EHIRC) from a trust hospital into a company. Rajan was involved in a legal battle with his younger brother Anil Nanda over the sale of the heart institute to Ranbaxy controlled Fortis Healthcare Ltd for Rs 565 crore. The court's decision is a set back to Fortis HealthCare, which had raised money through a public issue of equity shares to fund the purchase of EHIRC. This could also affect the functioning of the hospital under the present set up of commercial operation. "The present appeal is allowed and the order of single bench is set aside," the court said adding that suit is restored in its original position and interim order of 2005 is also restored. In September 2005, the High Court had stayed the sale of the Escorts Heart Institute. Anil Nanda had sought the cancellation of the sale of the institute to Ranbaxy-controlled Fortis Healthcare Ltd. The single bench had on July 3 last year rejected the plea of the younger Nanda on the technical ground that he did not seek the court's permission before filing the suit. Section 92 of Civil Procedure Code (CPC) says that a private person has to take permission from the court before filing a suit pertaining to a public trust. "We are of the view that the primary prayer in the suit filed by Nanda was for declaration that amalgamation of EHIRC Delhi with EHIRC Chandigarh and subsequent conversion of amalgamated society with the company was void, is an issue which is not covered by section 92 of CPC," the court said while setting aside the single bench order. The court also pointed out that "Section of 12 of Societies Registration Act permits amalgamation of two societies with similar objects but does not at all permit amalgamation of charitable societies with a non-charitable or an alleged fraudulent conversion of a charitable institution into a private hospital." "It is pertinent to mention that in case concessional land had not been allotted by DDA, the trust would have purchased the land at a huge cost which would have meant borrowing money at higher rate of interest. "This in turn had prevented the trust from accumulating reserves which are now being sought to be transferred to be a third party," the court said. "In our opinion if the allegations made in the plaint are true and correct then respondents (Escorts and Rajan Nanda) have indulged in a fraud of a egregious nature by converting a charitable society and its properties into a private profit making company" the court said in its 37-page judgement.





Govt tells HC it can direct RIL whom to sell KG gas
http://economictimes.indiatimes.com/News/News_By_Industry/Energy/Govt_tells_HC_it_can_direct_RIL_whom_to_sell_KG_gas/articleshow/3988947.cms
16 Jan 2009, 1557 hrs IST, PTI
MUMBAI: The government as the owner of gas from KG basin said on Friday that it has every right to dictate RIL to whom it should supply the feed to, but the company disputed this claim. "RIL is a mere contractor. Government is the owner of the gas. Government will direct RIL who will receive gas. It has right to decide on gas-allocation policy," Additional Solicitor General Mohan Parasaran told reporters today outside the Bombay High Court, which is hearing a gas supply dispute between Mukesh Ambani-led RIL and Anil Ambani group firm RNRL. Earlier, Parasaran told the court that an Empowered Group Of Ministers has decided that RIL would supply gas to the upcoming power projects, including Anil Ambani group's Dadri power project once the projects are ready, subject to availability of the gas at that time. Commenting on the EGoM decision regarding supply of KG gas to upcoming power projects, RIL counsel Harish Salve said "Government has no right to allocate gas." He clarified that his client (RIL) was opposed to this stand of the government. The court has, as of now, stayed the sale of gas from RIL's KG gas basin to third parties, but government wants the stay vacated. The division bench of Justices J N Patel and K K Tated indicated that they may pass an interim order regarding stay on Monday, hinting that court might vacate the stay as far as sale of gas to PSUs was concerned. "We might vacate stay to the extent of government's requirement," Justice Patel said.








Why Medha Patkar loves Americans
http://indianrealist.wordpress.com/2009/01/17/why-medha-patkar-loves-americans/
January 17, 2009 ·
Medha Patkar’s foriegn links. She recieves money and award from organisations run by White Christians. It is quite clear that some Indians have walked over to the opposite camp and begun to accept money from enemies of the race. These race traitors are abusing our democratic freedoms. If India was a monarchy, these people won’t have survived for long.
This is last year’s report from Pioneer:
Two Members of Parliament from Gujarat have urged Prime Minister Manmohan Singh to order an inquiry into the shocking evidence suggesting Narmada Bachao Andolan (NBA) leader Medha Patkar tried to influence the Government and the judiciary to obtain a favourable verdict in a case against her NGO in the Supreme Court.
Senior Congress leader Urmilaben Patel and Ratilal K Verma of the BJP, both MPs, have submitted identical evidence to the Prime Minister to establish that Patkar was in touch with a foreign agency, who wanted to oblige even a judge of the Supreme Court after he, along with another judge, dismissed a PIL against NBA. The PIL was filed by the National Council for Civil Liberties, a Gujarat-based NGO alleging that NBA was engaged in anti-national activities.
The MPs have enclosed email correspondence between Patkar and Patrick McCully, former director of the International Rivers Network at Barkley in the US. The correspondence shows Patkar claiming she had put pressure on the UPA Government, which was also served a notice by the court to respond to the charges of NBA’s involvement in anti-national activities to stop construction of work at Sardar Sarovar Project in Gujarat. The sequence of email correspondence between McCully and Patkar is revealing. Minutes after the SC dismissed the NCCL’s PIL on July 10, 2007, McCully was informed of it by one Phillip through Patkar’s email address. Next day, McCully wrote back to Patkar, “You have mentioned in your message (email) that Judge Thakkar (CK) is ex-chief justice of Gujarat and anything can happen. How you manage this. What was the second judge?” In reply, Patkar wrote back on July 13, “Phillip made a mistake in quoting Thakkar as the ex-chief justice of Gujarat. He was initially judge there. Justice Altamas Kabir wrote the judgement.” Patkar also wrote that many eminent persons wrote to the UPA Government and her advocates supported them. “We dealt with the press very selectively and ensured that pressure was kept all through.” “Along with this, the petitioner’s case was so weak. Its triviality was obvious. Legally it was non-maintainable,” she added. To this, McCully responded on July 17, “I was keeping a constant watch on this case. I was actually disturbed after reading written submission of Saxena (VK Saxena, chairman NCCL, the petitioner), which he had posted on his website. Not a shred of reference in the judgement. You have managed it very effectively.” McCully’s email underlines the fact that Saxena’s petition had disturbed him and he was happy to see that the charges levelled against him were not even touched upon in the judgement. The reference to “managing” the whole thing is significant. McCully added they would like to honour those people who supported Patkar in the case. “You can send a list of 5-6 people with their very brief background in 2-3 lines. The function can be organised in London instead of the US through other groups. With his strategy these people could be more committed to your cause.”
And then he added this bit of shocking offer: “We must honour Judge Kabir for supporting you. Please explore the possibility. He will retire in 2013 — a very useful man for your further battles.”
It is well known that Justice Kabir is a respected judge with impeccable career record. While there is nothing to show he obliged Patkar, McCully’s mail clearly showed a sinister design to woo him to help NBA in future.
In her reply sent to McCully on July 22, Patkar felt that openly obliging her benefactors would be counter-productive. “Thanks a lot. Other than advocates, no one would like to be acknowledged for writing to pressurise the Government. That might boomerang.”
Referring to the email, both the MPs asked the Prime Minister to order an inquiry into the whole episode.
Verma has pointed out to the Prime Minister that the exchanges between Patkar and McCully are “explosive and dangerous to the extent that they show foreign interest and support to a group that is indulging in obstruction to the country’s development. It carries blatant suggestion that July 10 Supreme Court judgement was managed.”
Urging the Prime Minister to order an inquiry to identify those who tried to put pressure on the UPA Government and the judiciary to favour NBA, Verma asked, “When even the thought of influencing the judiciary at any level is contemptuous, is it not a case of sedition against the NBA — a group working with foreign aid?”
Echoing similar views, Urmilaben Patel has asked the Prime Minister that “the Government should immediately inquire as to how Medha Patkar managed a favourable verdict And take appropriate action against Patkar for bringing disrepute to the Government and to the Hon’able Supreme Court and halting the process of national development with foreign support.”
Here is the website of National Council of Civil Liberties of Gujarat which filed the case against Medha Patkar’s NGO. It was a case filed by nationalists against anti-nationals who send reports of their activities to people in other countries.
http://www.ncclindia.org/P_C.htm
Predictably, this case was dismissed too by the Supreme Court judges without much ado. It does seem that left / liberals and NGO-types are treated with kid’s gloves by some Indian high court and supreme court judges. There is something rotten with India’s higher judiciary. Something doesn’t seem right.




Advocates strike against high court order
http://timesofindia.indiatimes.com/Kanpur/Advocates_strike_against_high_court_order/articleshow/3991204.cms
17 Jan 2009, 0708 hrs IST, TNN
KANPUR: The advocates of Kanpur nagar and dehat district continued their strike on second successive day on Friday. The strike was in response to the call of strike given by Allahabad High Court Bar Association to protest the order of high court regarding condolence on the death of an advocate. The Allahabad High Court Bar Association had given a call for strike in protest against the amendment in section 309 criminal procedure code according to Indivar Bajpai, general secretary, Kanpur Bar Association . He informed that a joint meeting of Kanpur Bar Association and The Lawyers Association had decided to respond to the call of Allahabad High Court Bar Association and continue strike to press their demand to implement old and traditional procedure of condolence. The High Court recently in an order issued directions to the district courts to close the courts at 3.30 pm instead after lunch. The advocates took the matter seriously and lodged their protest .They claimed that the Kanpur court had a tradition to close the judicial work in second session to condole the death of an advocate. They claimed that if courts would close at 3.30 pm then when other advocates would go to pay tribute or for attending last rites. General secretary informed that chief justice had given him an appointment on Monday noon at Lucknow where he would present his presentation in this regard .If our demand was not met then Kanpur Bar association would convene a conference of all the Bar Associations of state to discuss the issue and future action would be taken in that meeting . Indeevar Bajpai said that the advocates of two district courts would remain on strike on Saturday, while on Monday they would observe strike in response of call by All India Bar Council.




Reply to Ghajini plea, High Court tells Centre
http://www.expressindia.com/latest-news/reply-to-ghajini-plea-high-court-tells-centre/411874/
Express News Service
Posted: Jan 17, 2009 at 0211 hrs IST
Mumbai The Bombay High Court on Friday asked the Central Government and the Central Board of Film Certification to file replies to a petition filed by a city-based activist who had sought a stay on the release of Ghajini.
The court had earlier declined to grant any stay on the release of the film.
While considering the plea on Friday, the court said it cannot do anything now as the film has already been released.
Petitioner Pratibha Naithani’s lawyers Pradip Havnur and Jamshed Mistry, however, pointed out that under Section 32 of the Cinematography Act, the film board was bound to forward the complaint submitted by the petitioner to the Central Government. Naithani had on December 29 submitted a private complaint with the censor board. The lawyers said the board had done nothing on the complaint.
The petitioner is seeking a review of the film after which a proper adult certification be given to it for its violent content. The government had contended that the petitioner did not approach the censor board.
The court asked the authorities to reply within a week after the Central Government counsel sought time and adjourned the case till January 23.
Ghajini, starring Aamir Khan, is a remake of the 2005 Tamil film with the same name. The Rs 30-crore film is a romantic action thriller that tells the story of a rich businessman who suffers from short-term memory lapse after a violent attack. Ghajini showcases the protagonist’s revenge for his wife’s murder.




HC wants clarifications on Governor Road closure
http://www.kanglaonline.com/index.php?template=headline&newsid=44911&typeid=2
The Imphal Free PressIMPHAL, Jan 16: The Gauhati High Court, Imphal bench has directed the government advocate to get clarifications from the government in connection with the PIL filed against the imposition of curfew like situation along the Governor`s Road every day from 4 pm till the early morning of the next day.It may be mentioned that the Governor`s Road has been closed for all traffic and even pedestrians since the grenade attack on the Raj Bhavan in the first week of December last year.However, a petition filed by three individuals had challenged the imposition of ban on parking of vehicles and also imposition of curfew like situation along the Governor`s Road as the same was done without any authority of law and caused great hardships to the civilians, a release from the HRLN has said.




Govt asked to file affidavit on state jails
http://timesofindia.indiatimes.com/Kolkata_/Govt_asked_to_file_affidavit_on_state_jails/articleshow/3991938.cms
17 Jan 2009, 0626 hrs IST, TNN
KOLKATA: Calcutta High Court on Friday asked the state government to spell out its stand on an allegation that correctional homes (jails) in the state are mismanaged and in a shambles. Responding to a PIL moved by the Association for Protection of Democratic Rights, the court directed the state to file an affidavit-in-opposition within four weeks. Supply of insufficient and sub-standard food to inmates and frequent transfer of prisoners from one jail to another are some of the reasons behind the unrests in jails, the petition pointed out. The petition alleged that recently at Howrah correctional home, some inmates turned violent demanding standard food. Later, Rahul and Suraj Mullick, undertrials in a double murder case, were transferred to another jail. Advocate-general Balai Ray submitted that Howrah jail inmates tried to escape, but police managed to control the situation in a restrained manner.




Public apathy adds to Mapusa garbage woes
http://timesofindia.indiatimes.com/Goa/Public_apathy_adds_to_Mapusa_garbage_woes/articleshow/3990983.cms
16 Jan 2009, 2341 hrs IST, Agnelo Pereira, TNN
MAPUSA: Apart from grappling with the problem of taking possession of a site for treating garbage, an uncooperative public is giving Mapusa civic authorities sleepless nights. In many of the town's wards, the Mapusa Municipal Council (MMC) has done away with garbage bins, yet, one still finds garbage strewn at the spot where garbage bins once stood. Although door-to-door collection of garbage was started since August last year, public response has been luke-warm. "People have no civic sense and efforts to convince them to cooperate with the door-to-door garbage collection have received a mixed response," said a municipal officer in exasperation. "People were asked to segregate their garbage into wet and dry. But so far most of residents have failed to do so," informed MMC Junior engineer, Ramchandra Bahangi. But residents have another story to tell. Shweta Naik from Duler disclosed that she was never informed about segregation. "The boys come and collect whatever garbage I hand over to them," Naik said. Yet another Altinho resident disclosed that MMC's door-to-door collection has been erratic. "Most of the times the civic workers fail to collect garbage from my apartment," the resident said. To treat the wet garbage, MMC has constructed nine composting units six at the market and three in Khorlim. The JE disclosed that construction of another nine composting units at Acoi was in progress, and added that the civic body plans to build a composting unit in every ward. "We have informed the councillors about the plan and requested them to identify an area in each of their wards," the JE stated. Plastic waste has been collected and stored near the market sub-yard. "After a sizeable collection, the plastic will be auctioned to recycling industries," the JE informed. Yet, the civic body continues to dump garbage on communidade land, in Assagao, though the high court had restricted the MMC from doing so after Assagao communidade attorney, Cajetan Raposo had moved a PIL against the dumping.




Cong demands white paper on Maya's 'double amount'
http://timesofindia.indiatimes.com/Lucknow/Cong_demands_white_paper_on_Mayas_double_amount/articleshow/3990469.cms
16 Jan 2009, 2108 hrs IST, TNN
LUCKNOW: Accusing chief minister Mayawati of perpetrating a public fraud in the name of receiving birthday contributions from her supporters, UP Congress demanded the chief minister to make the donation amount public and set at rest the raging controversy. Talking to the media on Friday, UPCC president Rita Bahuguna Joshi said that the government must release a white paper to clarify all doubts over the issue. Since the CM has herself claimed having received double amount as contribution this year, public deserves to know the source, the exact amount, the bank account number where the money has been deposited and how it was meant to be spent. Though the party has been collecting funds for the birthday bash every year, this time, the level of extortion, Joshi alleged, had been unprecedented. The entire official machinery, she said, was pressed into the mission. In fact engineers, prime targets picked up to cough up the money, were a much harassed lot and many among them had gone underground out of fear, the leader claimed. The contribution had swelled to double, as the CM herself conceded, only because of the vicious arm twisting tactics, Joshi added. Joshi took a strong exception to Maya's tirade against party president Sonia Gandhi in her birthday address where the BSP supremo said the BSP supporters would have observed Sonia's birthday as "gulami diwas" had she so wished. "There is a world of difference between the two leaders, the Congress leader said. "Whereas Sonia had refused the prime ministerial chair and is known for her spirit of sacrifice and selfless public service, the UP CM, she said, is obsessed with wrestling power by means fair or foul. The derogatory reference to Sonia, therefore, only goes on to display Mayawati's sick and petty mentality." The UPCC chief refuted Mayawati's claim that the family members of the slain PWD engineer Manoj Gupta allegedly murdered for his refusal to collect "chanda" for Mayawati's birthday, were truly satisfied with the progress in the case and had given in writing that CBI inquiry was not needed into the murder. We have specific information that Gupta's wife and children were detained in the CMs residence and coerced into signing along the dotted lines, she said, adding that "Congress party will not let the matter pass so easily. We will ensure that a PIL seeking a CBI probe into the brutal murder is soon filed."




Centre's ASG wants transparency in power corp appointments under Maya
http://timesofindia.indiatimes.com/India/Centres_ASG_wants_transparency_in_power_corp_appointments_under_Maya/articleshow/3990518.cms
17 Jan 2009, 0309 hrs IST, TNN
NEW DELHI: At a time when Mayawati and the UPA government have a love-hate relationship, the Centre's law officer on Friday stressed before the Supreme Court the urgent need to reopen a closed case that dealt with widespread political interference in appointments of heads of power corporations. Additional solicitor general Gopal Subramaniam, appearing as amicus curiae, said in the last one decade, during which the reins of power were held by Mulayam Singh Yadav and now Mayawati, there had been no transparency in the appointment of directors and managing directors of the power distribution corporations. It was adhocism at its best, he said, requesting a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam to take a fresh look at the important matter of immense public interest. When the Bench issued notice to the UP government and sought its response, it evoked a sharp reaction from UP additional advocate general Shail Kumar Dwivedi, who accused the ASG of trying to flog a dead horse. Dwivedi said the apex court had on March 21, 2007, disposed of a PIL by an electricity consumer in UP seeking a CBI probe into acts of malfeasance by officers of the five power distributing corporations -- Kanpur Electricity Supply Company Ltd and four Vidyut Vitaran Nigams at Varanasi, Madhyanchal, Paschimanchal and Dakshinanchal. The SC had disposed of the PIL after a state appointed committee reported that irregularities in transfers alleged by the PIL were confined only to a few cases. The power distribution companies also assured the court that they would adhere to the guidelines laid down by the committee for transfers. Subramaniam, who has moved a fresh application, pleaded hard for reopening of the case and said: "My intention is to protect the larger interest. Appointing directors and managing directors of power corporations is still being done on an adhoc basis. There is no transparency. The appointments are being made for three months without following any rule." "All these corporations should function autonomously without any political interference," the ASG said dropping broad hints that all was not well in the high-level appointments to these power distribution companies. He said that during earlier times, the appointments, postings and transfers to these electricity corporations smacked of blatant corruption which had assumed the shape of an industry.





UoP seeks teaching staff details from colleges
http://timesofindia.indiatimes.com/Pune/UoP_seeks_teaching_staff_details_from_colleges/articleshow/3990820.cms
17 Jan 2009, 0251 hrs IST, TNN
PUNE: The University of Pune (UoP) has directed all its affiliated colleges and recognised institutions to furnish details of their teaching staff to facilitate a list of PhD candidates eligible for the post of principal or director. "All the institutions have been instructed to furnish the details by February 15 to facilitate further action on ensuring full-time principals at all colleges and institutions before the deadline set by the Bombay high court," Pandit Vidyasagar, director of UoP's board of college and university development, said while speaking to TOI on Friday. In a suo motu PIL initiated by the Nagpur bench of the Bombay HC, following media reports about ad hocism in the running of academic institutions, the court has laid time-bound programme for all government-run, aided and unaided colleges and varsity recognised institutions to ensure that they have full-time principal or director at the helm by March 31. The court has allowed universities to grant extension up to May 31 in cases where genuine efforts by the academic institutions were on to fill the key posts. The UoP has 526 affiliated colleges and 330 recognised institutions spread across Pune, Ahmednagar and Nashik districts. Almost 50 per cent of these academic institutions have been running without full-time principal or director for prolonged periods now. The absence of a principal is seen as a key contributory factor to the falling standards of education at colleges and institutions. From the circular issued late on Friday evening by the UoP, it is clear that the university is not in possession of adequate data to pinpoint the exact number of academic institutions that are running without principals or directors. Vidyasagar said that the information sought was essential as the court's directive compels the university to draft a list of PhD candidates eligible for the post. Among other things, the colleges and recognised institutions have been told to submit details like name of teacher, his/her qualification, present designation, date of first appointment, category i.e. whether open or reserved candidate, type of approval (whether permanent or ad hoc) and experience in number of years.





Minister defends arms permit
http://www.telegraphindia.com/1090117/jsp/nation/story_10402489.jsp
OUR SPECIAL CORRESPONDENT
Patna, Jan. 16: State minister Jamshed Ashraf today claimed that he had surrendered his arms licence issued by the Raigad police in Maharashtra after winning the last Assembly election in Bihar’s Ballia.
Raj Thackeray-led Maharashtra Navnirman Sena (MNS) activist Atul Bhagat yesterday filed a public interest litigation (PIL) in Bombay High Court alleging that Ashraf procured the arms licence from Nhava-Sheva police station in Uran Taluka of Raigad district.
The PIL said that being a resident and minister of Bihar, Ashraf could not have legally obtained licence from the Maharashtra government, praying the court for “appropriate action” against Ashraf.
However, Ashraf told The Telegraph: “We have been living in Maharashtra for the past 30 years. I legally got the licence long ago on the basis of my residence and clean records with the police there.”
Ashraf added that he had come to contest the Assembly election from his native Ballia constituency in 2005 polls and won the seat. “I returned the licence to Nhava-Sheva police station concerned in Maharashtra after winning the poll,” he said, adding: “Bhagat is an unpopular figure in Mumbai and has changed six parties in the past year. He lodged the PIL against me just to gain some cheap popularity.”
Ashraf said that he had already briefed his lawyer about the matter.




HC directs Govt advocate on PIL for Road Closure
http://ne.icrindia.org/2009/01/17/hc-directs-govt-advocate-on-pil-for-road-closure/
January 17th, 2009 by neitham, Email
Imphal, January 16, 2009: A division bench of Gauhati High Court, Imphal has directed the Government Advocate to take necessary instruction from the State Government in connection with a PIL filed against the imposition of curfew like situation along Governor Road every day from 4 pm till early morning of the next day since January 8, informed a release issued by the Human Rights Law Network (HRLN) .
The division Bench comprising of Justice T Nandakumar Singh and Justice Mutum Binoykumar Singh has directed to list the matter after two weeks at motion stage for further consideration.
The same direction was issued today after hearing a PIL filed jointly by Narengbam Inaocha, Beishamayum Rohinikumar and Saikhom Jugol on Jan 14 at the initiative of HRLN.
The petitioners challenged the ban on parking vehicles and the curfew like situation along the Governor Road contending that the prohibition is without authority of law besides causing a great hardships to people.
Source: The Sangai Express




Satyam appoints Amarchand & MangalDas as legal consultant
http://economictimes.indiatimes.com/Amarchand__MangalDas_is_Satyams_legal_consultant/articleshow/3994496.cms
17 Jan 2009, 1921 hrs IST, ET Bureau
HYDERABAD: The newly inducted Satyam board has appointed law firm Amarchand & MangalDas to examine the legal hurdles that the tainted Satyam Computer Services faces while course corrections are being attemped. The six-member board that met today decided to appoint the law firm, said a board member. The software company is already facing two class action law suits in the US after Ramalinga Raju, former Chairman of the company confessed to the Rs 7,000 crore fraud. It is also fighting a legal battle with Upaid, a UK based mobile services payment company. These legal hurdles, may pose a challenge to any strategic investor who may be interested in buying the company. The new board met in Hyderabad on Saturday to discuss among other things options to raise funds to keep the business alive. The board that is also expected to decide on the appointment of new CEO and CFO to bring back the company s operation to normalcy and is mandated to to protect the interest of over 50 000 satyam's employees and stakeholders.








Allahabad HC judges linked to PF scam may be shifted: CJI
http://www.ptinews.com/pti/ptisite.nsf/0/EF88FF10C14BA31B65257542001A2D85?OpenDocument

New Delhi, Jan 18 (PTI) Chief Justice of India K G Balakrishnan, who has set in motion the process of action against judges with questionable conduct, has said some judges of the Allahabad High Court are proposed to be transferred in connection with the Ghaziabad provident fund scam."The CBI has made some preliminary inquiries. So we propose to transfer some judges. But no decision has been taken to transfer them," he said.The CJI also said he is awaiting "further explanation" from a judge of the Punjab and Haryana High Court in the cash-at-judge door scam before any further decision is taken.However, he rejected suggestions that the cumbersome process of impeachment had deterred judiciary from taking tough action against judges of the higher courts."As regards removal of judges, these are all constitutional provisions. We can't change them unless the Constitution is amended. The removal of judges by impeachment is the only provision by which a judge can be removed."That is purposely made a little difficult and cumbersome. Otherwise, everyone will make a complaint against a judge and he will be subjected to all sorts of harassment," he said in an interview to PTI.However, in the case of Justice Soumitra Sen of the Calcutta High Court against whom he had recommended impeachment for alleged financial misconduct before being elevated to the High Court, the CJI said he had taken the step after Sen refused to submit his resignation. PTI




Army hospital to pay damages: HC
http://timesofindia.indiatimes.com/Delhi/Army_hospital_to_pay_damages_HC/articleshow/3995149.cms
18 Jan 2009, 0000 hrs IST, Abhinav Garg, TNN
NEW DELHI: A former army officer's wife who miraculously survived a botched up medical treatment, has won damages from the Delhi High Court which has held doctors of Army Referral Hospital in the Capital guilty of medical negligence. Incidentally, this is one of the rarest of cases where a court has indited an army hospital for medical negligence. Awarding damages to the tune of almost Rs 12.5 lakh to Sudha Garg, wife of a retired army brigadier, Justice Sanjiv Khanna, in a recent verdict, HC asked the government and army authorities including chief of army staff to pay her the money immediately. Since she developed complications owing to negligence from the year 2000 onwards, HC has also compounded the interest at 10% on this amount from that year. Sudha had her food pipe badly ruptured because of improper insertion of a flexible tube by army doctors who were carrying out an Upper Gastro Intestinal Endoscopy (UGIE). "She has survived and is hale and hearty. However, the pain and agony which she underwent during her hospitalisation from Oct 25, 1999 till Jan 24, 2000 is understandable and shouldn't be ignored. She had to be repeatedly operated to drain out puss and debris. Nasal and mouth feed were not possible and a tube had to be inserted in the small intestine,'' an apalled court noted while calculating damages caused to Sudha for "suffering pain and mental agony.'' The victim had moved HC through her lawyers Manish Vashisht and Sameer Vashisht, after army authorities ignored Sudha and her husband's claim for damages. In her recovery suit, she informed HC how the UGIE by army doctors attempted on her on 15th Oct 1999, damaged her food pipe due to which air filled up the space between her lungs and caused puss formation. These complications almost snuffed out her life and it was only after a painful recuperation at Batra Hospital for months that she pulled it through. Justice Khanna explained the specifics of negligence by the doctors, saying they were "aware of the risks and symptoms associated but didn't take remedial steps and precautions by asking the patient to come for a follow up. Medicines were prescribed for 12 days without explaining the risk factor.'' The army authorities had challenged her claims alleging she hid from them the fact she had undergone an operation of her tongue changing the anatomy of her mouth, making it difficult for an endoscopy to be administered.




Bombay HC: Parents of stolen baby files Habeas Corpus petition
http://www.indlawnews.com/Newsdisplay.aspx?9698d685-1a7a-4dd6-a9c4-357ea39aabaa
1/17/2009
The hapless parents of the four-day-old baby, who was abducted by an unknown woman from Sion Hospital in Central Mumbai on December 29 last, have moved the Bombay High Court by filing a habeas corpus petition.The parents, Mohan and Mohinee Nerurkar, moved the court to obtain directions to the police to produce the missing kid. The baby boy was stolen while Mohinee was recuperating in the hospital.The petition states that police probe has so far yielded no results and it demands that a committee be formed to probe the state of affairs at the Government-run hospital. The petition will come up for hearing before a division bench of Justice Bilal Nazki and Justice Anup Mohta.UNI




Chandigarh Consumer Forum Directs MC to Pay Compensation
http://www.merachandigarh.com/index.php?option=com_content&task=view&id=1046&Itemid=2
Reported by Rajesh Verma
Thursday, 15 January 2009
Chandigarh (Mera Chandigarh): The Chandigarh Consumer Disputes Redressal Forum has directed the Municipal Corporation to pay compensation misplacing vehicle from parking lot.The District Consumer Disputes Redressal Forum has asked the contractor of the parking lot Sukhpal Singh to pay the money spent by the complainant after his misplaced two-wheeler was recovered in a damaged condition.The consumer forum has directed the MC to pay Rs 22,725 along with Rs 725 as costs of litigation.As per information given by the petitioner, Balbir Singh, a resident of Mohali, stated that he had parked his scooter in the paid parking area on July 19, 2007 at about 4 pm by paying Rs 2 but when he came back the scooter was not found.But after many days Balbir Singh found the scooter in bad condition at Parwanoo. He had to pay expenses of shifting the scooter from Parwanoo to Chandigarh. Balbir added that he took the matter with both the MC and the contractor many times and requested them time and again to compensate him but all in vain.





Central Information Commission and Chief Justice of India disagree
http://www.sindhtoday.net/south-asia/52505.htm
Jan 17th, 2009 By Sindh Today
New Delhi, Jan 17(ANI): The Chief Justice of India K. G. Balakrishnan, is in disagreement with the Central Information Commission’s (CIC) order on making assets of its judges available to the public and is not relenting on his stand that judges are not bound to disclose their wealth.

He is taking the stand that even when the judges submit their declarations to the Chief Justice about their wealth, they do so on the basis of confidence and the submissions were not public documents.

The CIC had on January 6 had directed the central PIO of the SC to furnish information as to whether any declaration of assets had been filed by SC judges or not.

Justice Balakrishnan has pointed out that Supreme Court does come under the purview of the RTI Act and for this purpose an information officer has been appointed. But the information submitted to the Chief Justice by the judges on the basis of confidence were not public documents, and the Act does not bind him to disclose the information with him.

Under the Indian Constitution the Supreme Court has the final say on the interpretation of any law. (ANI)




Judges not bound to disclose their wealth: CJI
http://timesofindia.indiatimes.com/India/CJI_says_judges_are_not_bound_to_disclose_their_wealth/articleshow/3993402.cms
17 Jan 2009, 1403 hrs IST, PTI
NEW DELHI: With Supreme Court moving an appeal in the Delhi High Court against the CIC order on making assets of its judges public, the Chief Justice of India K G Balakrishnan has made it clear that the judges "are not bound to disclose" their wealth. "There is no statute or law which insists that the judges or the superior courts should submit declaration of their assets. Even then, our judges are submitting the declaration of assets to the Chief Justice," the CJI said. His remarks in an interview come close on the heels of the Supreme Court Registry taking the unprecedented step of moving the High Court, challenging the January 6 decision of the central information commission. The CIC had asked the Central Public Information Officer of the apex court to furnish information within 10 days as to whether any declaration of assets has been filed by the judges of the Supreme Court or not. Justice Balakrishnan said he was going by the Resolution passed by the Supreme Court on May 7, 1997 which required judges of the apex court to make a declaration of their assets to the CJI. "It is not a public document," he said adding, that the declaration given by his colleagues was "based on confidence". "So it is not proper for me to disclose it. If it is (made) statutory, suppose if there is any Parliamentary enactment that judges should declare their assets and should give it to Chief Justice, then it is a public document," he said. The CJI went on to emphasize that "even then, under the RTI Act, they are not bound to disclose it. Under the RTI act, it’s a private document and personal documents are not to be revealed under the RTI act. Still there is protection." In his petition before the CIC, RTI applicant S C Aggarwal had challenged the denial of such information by the Supreme Court CPIO, saying that declaration relating to the assets of the judges under an in-house mechanism are "confidential". Any disclosure of these declarations would be breach of trust fiduciary relationship. Don't you think that disclosure of assets by judges would set up a moral standard? the CJI was asked. He responded by saying that any judge wanting to declare could do so as no law prohibited it. The CIC had held that the information cannot be categorized as personal information available with the Chief Justices in their personal category as it is available for perusal and inspection to every succeeding CJI. It also concluded that the institution and its head can't be considered to be two distinct public authorities and information available with the CJI must be "deemed" to be available with the Supreme Court. Disagreeing with the CIC's finding, the CJI contended that information on the judicial or official side can be accessed and would be given while information with the CJI has to be treated on a different footing.





Judiciary should remain extravigilant: Mayawati
http://timesofindia.indiatimes.com/Lucknow/Judiciary_should_remain_extravigilant_Mayawati/articleshow/3995048.cms
18 Jan 2009, 0420 hrs IST, TNN
LUCKNOW: Chief minister Mayawati on Saturday cautioned judicial officials to remain extra vigilant in dealing with administrative as well as financial matters and said that all efforts should be made to prevent a recurrence of PF scam like that of Ghaziabad that had put the judiciary under scrutiny. She also said that PIL should not be allowed to become a tool to achieve political objective by anybody and the judiciary should try hard to uphold its sanctity. Expressing concern over the PF scam, she said that only relief was that the case was an exception and the judiciary by and large was honest, sincere and reflective of people's unflinching faith in it. The remark was made by the CM at the 39th conference of the UP Judicial Services Association here at Ravindralya. She also announced that recommendations had been sent to the Centre to implement the Sixth Pay Commission's report for judicial officials. Other demands considered by her were the allocation of Rs 3 crore for the judicial welfare fund, professional allowance for those having LLM degrees, better service conditions and security to judicial officials in general. Present on the occasion were chief justice of the Allahabad High Court, Hemant Laxaman Gokhale and a host of other senior judges -- Pardeep Kant and KK Mishra (Lucknow bench) and Syed Rafat Alam of (Allahabad bench), besides SC Mishra, chairman, UP Advisory Council, who himself is a lawyer by profession. Speaking on the occasion, the CJ expressed concern over the strike by lawyers in the state and said this practice should be curbed. Emphasising the need for minimising the pendency of cases, he said efforts should be made to provide litigants quick relief. In line with this, Justice Pardeep Kant said that this dispensing justice should be first and foremost priority and for this a joint efforts should be made by the judiciary, executive and legislative. Speaking against regimentation, he said "We all need to create a society in which there are less laws and legislations and more people to live lawful life." Law and order was the main issue, the CM said, on which her government had been given absolute mandate to rule the state. The issue gained importance in public perception because the previous Samajwadi Party government did not give heed to the matter and the people were fed up with this situation. "We have lived up to people's expectations and this is why her government has not hesitated even to act against its own party leaders," she said, adding that two ministers, an MP and two MLAs had been sent to the jail on various charges. This was an example, no other party had set, she asserted. Seeking the support of the judiciary to help the government enforce law and order, she said efforts should be made for a speedy disposal of the pending litigations. One of the main reasons for the pendency of cases was that the people had the option to challenge the lower court verdicts before the next superior courts and this was done in most cases when the litigants were not satisfied. In order to deal with this, she said judiciary should be apt in dispensing justice and a mechanism should be evolved in which the appellate courts should be fixed for different categories of litigations. The judiciary should discuss this threadbare should submit its suggestion on this count, she said. Referring to the measures taken by the government, she said fast-track courts had been set up in 56 districts to deal with SC/ST cases and government departments had been asked to furnish its affidavits and pursue all the 70,000 cases in which it was a party. Earlier, president of the association, Shrikant Tripathi presented the association's memorandum of demands. The vote of thanks was proposed by Shiva Nand Mishra, chairman, organising committee.




Maya doesn’t want bitter PILs
http://www.expressindia.com/latest-news/maya-doesnt-want-bitter-pils/412138/
Express News Service
Posted: Jan 18, 2009 at 0247 hrs IST
Lucknow Uttar Pradesh Chief Minister Mayawati has appealed to the judiciary to check the political and personal misuse of public interest litigations (PIL). Mayawati is facing a case of disproportionate assets which emerged from a PIL filed against her in the Taj Heritage Corridor issue.
Addressing the 39th UP Judicial Officers’ Conference at Ravindralay auditorium here today, she asked the judiciary to pay attention to the cases of downtrodden and ensure speedy and impartial justice to them, as they could not move the higher courts in case justice is not meted out to them in the lower court. She said this would help her in building a society based on social justice.
Recalling her pre-poll promise to provide a society free of injustice, crime and fear, Mayawati said her government has sent all criminals behind bars. FIRs were being lodged for even petty crimes, she said adding even big and influential people were being booked. “We are the only government that has dared to take stern action against our own people and this was possible because I have given a free hand to the police. “As a result, two of my party leaders, one MLA and one MP, are in jail.”
Emphasising the role of the judiciary in checking crime rate, Mayawati said though justice is given on the basis of evidence, while giving their judgement, the judiciary should use their own conscience and should also keep the social conditions into consideration.
The issue of pending cases in courts was raised by all present on the occasion, with the members of the UP Judicial Services Association demanding more courts, more judges and more staff.
Earlier, the Association general secretary Sri Kant Tripathi highlighted the problems of the judicial officers and put forward their demands before the chief minister. Giving a patient listening to the Association members Mayawati announced many sops for them and said that her officers would review the demands and give their report to her, on which her government would take appropriate action.




Cabinet ensures Dutt remains SEC
http://timesofindia.indiatimes.com/Cities/Patna/Cabinet_ensures_Dutt_remains_SEC/articleshow/3995654.cms
18 Jan 2009, 0330 hrs IST, TNN
PATNA: The state cabinet on Saturday "reappointed" State Election Commissioner (SEC) J K Dutt with retrospective effect from June 8, 2006. In a major setback to the state government, Patna High Court had on Thursday held the SEC's appointment illegal on procedural grounds and ordered his removal. The order was passed by a division bench comprising Acting Chief Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan on a PIL. In yet another major decision, the state cabinet approved an increase in the monthly remuneration of Panchayat Rojgar Sewaks from Rs 2,000 to Rs 3,000.





Reflecting on the Powers of the CJI
http://lawandotherthings.blogspot.com/2009/01/reflecting-on-powers-of-cji.html
Sunday, January 18, 2009
It has often been commented that the Chief Justice of India is a remarkably powerful position within the Indian judiciary, and more powerful than most executive justices in courts in other countries. My last post below discusses one way (the assignment of justices to larger constitutional benches) in which this power has expanded beyond what may have been envisioned in the Constitution. The Constitution itself clearly lays out heightened powers for the CJI. Broadly, these are:The CJI swears in the President and Governors;the President must consult with the Chief Justice before appointing Supreme Court or High Court judges;Article 127 gives the CJI power to appoint ad hoc Supreme Court judgesArticle 128 the power to sit retired Supreme Court judgesArticle 130 the power to sit the Court outside of Delhi (with the President's approval)Article 146 the power to appoint officers and servants of the CourtArticle 222 the power to move high court judges to another high courtArticles 257, 258, and 290 which gives the CJI the ability to appoint an arbitrator to resolve certain financial disputes between the centre and the statesHe or she is also paid a bit more than the rest of the justices, (presumably) for taking on these additional responsibilities.[note some of these powers are performed in conjuction with other justices, but the Chief Justice must be part of the process]Beyond this though I would argue the CJI has also gained additional powers either through judicial decisions or just judicial practice that were not explicitly given in the Constitution:1. The power to select justices for benches (as explained in the post below)2. An arguably stronger ability to appoint judges on the Supreme and High Courts than the Constitution envisioned (This being affirmed by the Supreme Court in its constitutional case law.)3. By more often sitting on a three judge bench than other justices his opinions routinely carry more weight. On a two-judge bench the junior judge usually defers to the senior, similarly on a three judge bench with the CJI, but the difference is that a three judge opinion is usually deferred to in the face of a conflicting two judge opinion - in this way the CJI's routine opinions carry more weight than other senior judges on their two-judge benches.4. The power to decide which cases get heard and when. Although this process is rather opaque, my understanding is that if a CJI doesn't want a case to come up or wants it to come up right away, it can be made to happen.5. The spokesperson for the Court, and its most public face. I am not sure if you can say this was not envisioned by the Constitution, but it is striking. For example, in the Hindu in 2008 Chief Justice Balakrishnan's name appeared in 273 articles, while Justice Katju only 24, Justice Pasayat 69, Justice Bhandari 26, Justice Kabir 28, and Justice Kapadia 16. Contrast this to a search of SCOTUS justices in the NY Times in the same time period where Chief Justice Roberts was mentioned in 66 articles, Justice Scalia in 61, Justice Stevens in 49, and Justice Kennedy (the now most important swing vote) in 158 articles.6. Most letter PILs are addressed to the CJI whose office goes through the first wave of filtering (taking out complaints against judges, etc.) before they are turned over to the Registrar's PIL office who goes through the next round of filtering (which removes the vast majority of them before they even reach an admission bench of the Supreme Court). In this process the CJI's office is the only justice's office that will come in contact with these letter petitions before they make it to the PIL office.Just because some of these powers were not explicitly given in the Constitution, doesn't make them unconstitutional, and I am not making that argument. At least in this post I'm not even arguing that the CJI has too much power - Judith Resnik in the US, for example, has questioned the wisdom of having the Chief Justice there wield as much administrative power as he does. I'm more curious about why this power arose. My hunch is that much of it has to do with the size of the Supreme Court. With 25 other justices it's a rather unwieldy organization that is difficult to control. (What percentage of law professors in India can even name all of its current members?) As the court increases in size the Chief Justice ironically gains more power as the coordinator of all these other judges (who cycle through fairly quickly because of term limits thus creating collective action problems when they try to organize). This is something to keep in mind as an increase in the size of the Court is contemplated. One thing this type of analysis does is refocus attention on the selection process of the CJI. Currently it's simply by seniority. This is not as innocuous as it sounds though since through birthday math one can determine whether someone will become a CJI depending on when they are appointed. Therefore, the CJI and the other judges involved in appointments are effectively choosing who to raise from the high courts to become a CJI at a later date (assuming they stay in good health, do not resign, etc.). This isn't necessarily a bad outcome. Arguably, this allows for the system to choose CJI's that have the proper background and temperament for the job. Other alternatives would include having the CJI picked more explicitly by the political branches (something that for now seems ruled out, but perhaps could be considered at a later date). Alternatively, there could be an election for CJI from amongst the judges on the Supreme Court. This doesn't seem desirable as it could lead to vote trading on cases or a politicking that could bring down the prestige of the Court and create unhealthy rivalries. A rotation model where each justice could be CJI for a month has coordination and consistency problems, although perhaps some tasks could be delegated in this way. Finally, you could have a system where the CJI or judges are picked by a counsel that includes both judges and members of the political branches.One could also work to simply reduce the power of the CJI. Cases could be assigned purely through lottery, cases could come before the Court on a pre-regimented schedule, the CJI could more regularly sit on a two judge bench, some administrative tasks concerning court employees could be given over to an independently appointed officer, etc.I'd be curious to hear others thoughts. Did I miss some of the CJI's powers? Did I mischaracterize them? Why did these arguably additional powers arise and do any require reform? These are just some initial observations which I hope to build on later, but in the meantime I hope others do as well.
Posted by Nick Robinson at 1:54 PM




National seminar on Female Foeticide on January 18th 2009
http://nvonews.com/2008/12/30/national-seminar-female-foeticide-january-18th-2009/
Dec 30th, 2008 at 9:12 pm By Syed Amir Mian
Syed Amir Mian reports: Dr. Zakir Hussain Foundation is going to organize National Seminar on Female Foeticide on January 18, 2009 at Assembly Hall,University Polytechnic, Aligarh Muslim University, Aligarh.
Through this National Seminar, Dr. Zakir Hussain Foundation will focus on depth issues related to women’s right, safety and security.
Ms Sajida Nadeem, General Secretary, Dr. Zakir Hussain Foundation Detailed the Event and says foundation believes that it is moral and legal duty of state to prevent violence against women and to make the city safer for peaceful life. One has to recognize women’s right to a life free from violence. General Secretary added that society needs reciprocal action and cooperation between women and women’s organization, the police and law enforcement agencies, citizen’s groups and community organizations, the administration and elected representatives for the betterment of women. Only women’s organization and women activist cell’s efforts are not enough to control over the problem.
Ms Sajida Nadeem Fruther pointed out that Dr. Zakir Hussain Foundation has been trying to move toward National Commission for Women for their help and cooperation. Foundation wants to work along with NCW but we are still waiting for helpful reply of NCW, Ms Sajida Nadeem added.
Mr. Nadeem Raja, President of Zakir Hussain Foundation said that along with terrorism solution and politics, we also need to work on society’s basic issues which are yet to be solved. We need to discuss on Female Foeticite at different stages. We have to highlight the role of Administration, Police, Media, Medical Practitioners and NGOs in preventing Female Foeticide. We have to deal with Child Girl illiteracy, manage the awareness of women’s human rights.
Mr Nadeem Futher added that foundation is trying to approach some celebrities like A.R Anutulay, Union Minister for Minority affair, Ms Salma Ansari w/o Vice-President of India, Dr. Hamid Ansari, Vie-Chancellor Mangalayatan University, Vice-Chancellor Agra University for their kind magnetism. Professor P K Abdul Azis, Vice-Chancellor of Aligarh Muslim University will inaugurate the Seminar.




Nature and Nurture responsible for increase of HIV among women
http://www.morungexpress.com/regional/11883.html
Newmai News Network January 17, 2009 09:53:00
Imphal : "The vulnerability of HIV infection amongst women is highly influenced by biological, social and cultural factors as this can be substantiated from the present trend of increasing feminization in the epidemic and this has led to more children being infected and affected", stated Dr. Ch. Jamini Devi, chairperson of the Manipur State Commission for Women (MSCW) while giving the keynote address on the occasion of a two days consultation on "HIV/AIDS and its impact on Women and Children".Organised by the National Commission of Women (NCW), New Delhi in collaboration with the MSCW at the State Guest, Sanjenthong in Imphal East on Thursday, the first day programme highlighted the vulnerability of women and children towards the disease. The programme also called for a sensitisation and generation of mass awareness in order to prevent HIV infection among women and children.Addressing the programme, Dr. Jamini maintained that women and children were the most vulnerable to the disease due to the social and economic condition of the state. Besides the high number of unemployment, poverty, conflict, political unrest, the readily available drugs were contributing to the increase in HIV, pointed out the chairperson of the MSCW and added that the disease has spread beyond the injection drug users (IDUs). In this regard, she pointed out that the wives of the IDUs were most vulnerable further spreading to their children. "The proportion of HIV positives amongst the wives of IDUs is also comparatively high", stated Dr. Jamini and lamented that many young women have also become widows and HIV positive at the same time even as their husbands succumb to the epidemic.Dr. Jamini Devi also informed that approximately 2,866 AIDS cases of AIDS have been reported in the state informing further that the state with only 0.2 percent of India's population was contributing nearly 8 percent of India's total HIV-positive cases. The chairperson of the MSCW also informed that as per April-2005 data of the Manipur AIDS Control Society (MACS), 18.8 percent of total HIV-positive cases in the state were women and that it was growing on a daily basis.While appreciating the hard works, their hospitalities and contributions to the families, Dr. Jamini pointed out that the number of female people living with HIV/AIDS (PLWHA) accessing the ART from the ART centres were just 35 percent of the total 1009 beneficiaries. In this regard, she opined and suggested that all HIV-related services and practices such as VCTC, STI clinic and ART needs to be reviewed and suitably modified so as to address the needs of women.Asserting that there was no end to the stories of the woes of women in the state, Dr. Jamini informed that the commission was taking up programmes for the benefit of the women in the state and informed that a website would be launched to highlight the programmes. Wabsuk Syiem, member of NCW, New Delhi also informed the though a decade ago women were considered peripheral to the epidemics of HIV/AIDS, about 38 percent of all Indians living with HIV currently were women. The member of the NCW who hails from Meghalaya asserted that infection in women and girls were fuelled by gender-based violence and sexual exploitation such as rape, abuse of young women and girls, especially in times of emergency and conflicts. She also informed that women were biologically more susceptible to the disease.Wansuk also pointed out that the dominance of patriarchal authority and preference of male children leading to economic dependence and lower level of education inhibit women from leading lives independence of marriage. And besides facing an increased risk of ostracism and abuse, women lack information and knowledge in their marriage, asserted Ms. Wansuk. Information further that more than four-fifths of new infections in women result from sex with their husbands or primary partners, she suggested the need for sensitisation and generation of awareness in order to prevent HIV infection among women and girls.The member of the NCW was, however, full of praise for the women of Manipur stating that she found the women of Manipur in the forefront of all economic and developmental activities, even surpassing men in vocations that have hitherto been guarded domain by menfolk. She also had high praises for the women of the state who had excelled in the field of athletics and acrobatics bringing laurels from global sports and athletic arena.Addressing the programme as chief guest, Dr. Budhichandra Singh, speaker of Manipur State Legislative Assembly, informed that processes were underway on the part of the state government to donate Rs. 1 crore annually towards the fund for HIV/AIDS awareness programmes and related matters. Even the Manipur Legislative Forum for HIV/AIDS is also under process to collect Rs. 50,000/ each from each Member of Legislative Assembly (MLA) from the local area development fund, added Dr. Budhichandra, who is also chairman of the forum.The consultation programme was also attended by representatives of NCW, Wansuk Syiem and S.K. Greha, distinguished invitees, NGOs working in the field of HIV/AIDS Right Activist, NGOs, Academicians, government officials, media persons and resource persons.




National Commission for Women launches 'JAGO' to fight crime against women
http://www.zeenews.com/nation/2009-01-16/499272news.html
New Delhi, Jan 16: To combat the alarming rise in crimes against women and girls in the capital region, the National Commission for Women on Friday launched an initiative 'JAGO' to sensitise society about the crime against the fairer sex.
The initiative has been designed to encourage every citizen to condemn violence in all forms against women and punish those who commit crimes like rape, female foeticide, dowry deaths, sexual harassment at work places, immoral trafficking among others. "Last year saw great development by women in every field, but unfortunately we saw a 30 percent increase in rape cases. From three-month-old baby to a 80-year-old granny, they were not spared," NCW Chairperson Girija Vyas said while launching the initiative. "We want to turn the NCR into a rape free zone, for this we have taken the help of government and civil society," she said adding 'JAGO' is an innovative programme to curb violence against women. JAGO, a one-year programme which will be reviewed every three months, will sensitise police in handling the cases of atrocities on women and the judiciary for faster disposal of such cases. Under this, media will be asked to maintain privacy of the victims and highlight the initiatives taken by the government and civil society in curbing crime against women. "The programme will be launched in the National Capital Region and later extended to different parts of the country," Vyas said. Bureau Report




Bihar govt refuses to pay full compensation
http://www.indopia.in/India-usa-uk-news/latest-news/479743/National/1/20/1
Published: January 16,2009
New Delhi, Jan 16 The Bihar government has refused to make full payment of the compensation awarded by the NHRC to the next of kin of a person who was killed in an encounter, citing"financial constraints".
The National Human Rights Commission (NHRC) had asked the Bihar government to make a payment of Rs 2 lakh to the next of kin of Amitesh Kumar, alias Madhukar Sharma, who was killed in a fake police encounter in the state in 2003.
" Defying the Commission&aposs recommendations, the state government informed NHRC that it paid Rs one lakh to the next of the kin of the deceased. It, however, refused to make payment of the rest of the amount to the victim&aposs family citing financial constraints as the reason,"sources in NHRC said.
The Commission had issued its recommendation in connection with the case in May 2007 after it had found that Kumar had been killed in a fake encounter by Bihar police, he said.
The NHRC in subsequent proceedings reiterated its recommendations and called upon the Bihar government to report compliance, holding that financial constraints could not be a ground for refusing to pay compensation.
But, sources said, the Bihar government communicated the Commission that"it is not possible for it to pay the rest amount".
Recently, the Commission passed an order asking the Bihar government to comply with its recommendations and report with proof of the payment of compensation amount within six weeks from the date of the receipt of the order.
"The Bihar government is yet to respond to it,"the sources said.
Source: PTI




Trial court to settle for Abu Salem's extradition
http://timesofindia.indiatimes.com/Delhi/Trial_court_to_settle_for_Abu_Salems_extradition/articleshow/3990704.cms
17 Jan 2009, 0013 hrs IST, TNN
NEW DELHI: A trial court on Friday was informed by the CBI that it had no option but to agree to Portugal's insistence for extradition of underworld don Abu Salem instead of his deportation, which put restrictions on the number of cases in which he could be tried and the quantum of sentence. "The Centre had tried to get Abu Salem Ansari, who was found carrying fake travel documents there, deported but the Portuguese authorities declined making it clear that he could only and only be extradited,'' A K Vali, appearing for the CBI director, submitted before additional sessions judge Pinky. Taking note of the Delhi Police arguments that CBI's action to extradite Salem forced them to approach the court for dropping the MCOCA charges against him, the court on July 5, had issued notice to the CBI director to clarify the stand of the probe agency. "Salem, who was holding a Pakistani passport, could have been deported to any country (either to Pakistan or the nation from where he illegally entered Portugal) after his arrest. The intention was to ensure that he should not escape our law,'' said Vali, justifying the Centre's move. The then NDA government had given an executive assurance to Portugal that after Salem's extradition, he would be tried only in nine cases and will not be awarded imprisonment exceeding 25 years. Countering the CBI's argument, former additional solicitor general Vikas Singh said the reply of the probe agency was vague and it did not deal with the circumstances under which Salem was extradited. "Had we been able to avoid such a small mistake, we (Delhi Police) could not have landed in a situation seeking dropping of MCOCA charges against the gangster,'' Singh submitted. The court fixed the matter for further proceedings on February 5. Salem is facing MCOCA charges in connection with an extortion call made to city-based businessman Ashok Gupta in 2002 demanding Rs 5 crore as protection money.




Chandigarh court to hear German gang-rape victim’s case daily
http://www.sindhtoday.net/south-asia/52591.htm
Jan 17th, 2009 By Sindh Today
Chandigarh, Jan 17 (IANS) A local court in Chandigarh will take up a 20-year-old German woman’s gang-rape case on a daily basis till the case is disposed of, court officials said here Saturday, after a seven-hour cross-examination of the victim by defence lawyers.
‘The cross examination of the girl was completed Saturday. Now the proceedings of the court will continue Monday in which the statements of the accused will be recorded,’ A.S. Chahal, a lawyer for the defendants, told the media after the proceedings.
The German woman was gang-raped by five youths after being taken on a drive from a leading hotel here September last year.
‘The victim’s role in the trial is over and the court does not need her presence here during the next hearings. She was quite cooperative but many a times she broke down during the day’s proceedings,’ a source in the court told IANS.
The official said the girl had demanded the reimbursement of her own and her father’s travel expenses. However, the court said that they had summoned only the victim so only she is entitled to the compensation, and asked the Chandigarh administration to pay 530 euros to the victim.
This was the first time that the victim appeared before the court in connection with the case.
The proceedings of the case are being held in the court of Additional District and Sessions Judge R.S. Attri.
The victim was driven into the district court complex in Sector 17 here Saturday amid tight security. She was accompanied by her father and an official of the German embassy from New Delhi.
The victim and her father flew in from Germany to India for the case and they are expected to return Sunday.
‘I am quite satisfied with the court’s trial and am happy that my daughter will finally get justice. The police here handled the case well and I have full faith in Indian judiciary,’ the woman’s father told the media after the court’s proceedings Saturday.
Translators from Panjab University have also been provided in the court to assist recording of statements, as the victim cannot speak English fluently.




“Network congestion? I’m also affected” says tribunal chief
http://www.sakaaltimes.com/2009/01/18162730/Network-congestion-Im-also.html
Reporter
Sunday, January 18th, 2009 AT 4:01 PM
PUNE: Are you sick of hearing ‘congestion in dialled network’ rhetoric when you try to call through your mobile? Do you pay for frequent ‘call drops’ and feel helpless about it? Take heart! Even chairperson of Telecom Disputes Settlement and Appellate Tribunal (TDSAT) is in search of accountability in telecom sector.
TDSAT organised a seminar on ‘Dispute resolution in telecom and broadcasting sectors’ here on Saturday. TDSAT chairperson justice Arun Kumar along with members J S Sarma and G D Gaiha attended the seminar and heard views of lawyers, telecom companies, activists and experts in the field.
Later, when mediapersons approached TDSAT chairperson and sought answers to questions of common telecom customers, Arun Kumar said, “Why only you, even I am seeking answers to these questions. I want to know when the service providers can be made accountable for call drops and network congestion. Service providers subscribe more customers than their bandwidth capacity and cause inconvenience to customers. The Telecom Regulatory Authority of India (TRAI) has regulations for it, but service providers don’t follow them.”
Significantly, TDSAT is the appellate tribunal set up under TRAI (Amendment) Act, 2000 to adjudicate disputes with a view to protect the interests of service providers and consumers. A group of customers can approach it for redressal, in case service provider does not satisfy their grievances. Ironically, for a booming sector of telecom this apex appellate body has only three members and is based at Delhi.
The TDSAT chairperson admitted constraints of the tribunal. Tribunal needs more members and at least some benches in metro cities, but it can be done only after amendment of law, he added. For the time being, TDSAT has decided to set up Electronic Filing System and facility of video-conferencing to expedite cases.
Earlier, in the inaugural session, chief justice of Bombay High Court Swatanter Kumar as well as chairman of TRAI Nripendra Misra set the tone for the seminar by pointing out that customer should be at the centre of all telecom policies.




People's tribunal wants Bidari sacked
http://timesofindia.indiatimes.com/Bangalore/Peoples_tribunal_wants_Bidari_sacked/articleshow/3995097.cms
18 Jan 2009, 0000 hrs IST, TNN
Bangalore : Organizers of the People's Tribunal on Torture held a press meet on Saturday to reiterate recommendations of the jury that the government initiate an inquiry into police commissioner Shankar Bidari's alleged role in atrocities perpetrated by the special task force. They urged the government to recall Bidari from his role as the commissioner. Bidari in a press statement, as a reaction to SICHREM's allegation, had said that the National Human Rights Commission concluded all the allegations were false and baseless. However, SICHREM maintained that a panel report by the Sadashiva Committee in 1999 that Bidari was quoting was misinterpreted.





Missing children's data lack accuracy: NHRC
http://www.ptinews.com/pti%5Cptisite.nsf/0/CB8D79747382BFC265257542001A03DF?OpenDocument
New Delhi, Jan 18 (PTI) The National Crime Record Bureau (NCRB) data on missing children "lack accuracy" despite it being the national repository of crime data, the National Human Rights Commission (NHRC) has said in its latest report."NCRB data on missing children lacks accuracy. Despite being the national repository of 'crime data', the bureau lacks information about the children, both, who are traced and those who remain untraced," the NHRC said.In any given year, an average of 44,000 children are reported missing. Of them, as many as 11,000 remain untraced, according to the commission.Although reports about missing children are communicated to the NCRB, it is not generally apprised with the information later when a child is rescued, traced or returned, the NCRB observed."Police stations concerned generally do not give any feedback to the NCRB when the missing child is rescued, traced or returned," the commission noted.Also, parents and relatives of the missing child fail to inform the police about any new development. "This in a way complicates the problem," NHRC said.Apart from the NCRB, the commission said, there are some regional police websites like the Zonal Integrated Police Network (ZIPNET) and a few state police websites, which provide data on missing persons including children.But, the information provided therein remains "largely incomplete," it said."Since awareness about these databases, particularly, among police personnel, is low, it has not drawn adequate attention in the investigation and tracing of missing children, the commission added. PTI