LEGAL NEWS 18-20.05.2009

Varsity confers honorary doctorate on CJI, Yesudas
http://www.newkerala.com/nkfullnews-1-41258.html
Kottayam, May 19 : Kerala Governor and Mahatma Gandhi University Chancellor R S Gavai today conferred honorary doctorates on Chief Justice of India K G Balakrishnan, famous playback singer K J Yesudas and eminent Ayurvedic physician P K Warrier for their outstanding contribution to their respective fields.
The Governor conferred LLD on the CJI, D Lit on Mr Yesudas and DSc on Dr Warrier at the university convocation held here.

Mr Justice Balakrishnan, hailing from Kerala, was appointed as the Chief Justice of India in 2007.

'Padmabhooshan' K J Yesudas had recorded over 40,000 songs in different languages, since crooning for the first time on November 14, 1961.

'Padmashri' Warrier, as the managing trustee and chief physician of over a century-old Kottakkal Arya Vaidya Sala, had rendered yeoman service to the growth of Ayurveda by modernising its clinical, pharmaceutical, educational and research domains.
--- UNI



Need to develop infrastructure in higher eductation: CJI
http://news.webindia123.com/news/Articles/India/20090519/1256909.html
Kottayam | Tuesday, May 19 2009 IST

Chief Justice of India K G Balakrishnan today said there was need for developing infrastructure in higher education sector as in an increasingly competitive economy, the quality of education, especially the professional courses, depends on it.
Delivering his acceptance speech after receiving the honorary degree of LLD from M G University Chancellor and Kerala Governor R S Gawai, he said thousands of government-run colleges across the country fared very poorly in this regard and similar problems had been seen in numerous private institutions as well.
While it was not correct to make generalisations, there were legitimate concerns about the mushrooming of private educational institutions which charged considerably higher fees but did not provide facilities required for a sound academic learning, he said. Stating that there was need for some innovative practices to provide incentives to teaching career, he said teaching staff should also be actively involved in research activities. Eventhough educational institutions must be given a certain degree of autonomy with respect to curriculum setting and designing of courses, there was a clear governmental interest in making interventions against such profit-seeking behaviour, he said.
It must be kept in mind that eventhough the Constitution mandates reservations for the some of the socially and educationally backward classes in private institutions as well, the overpricing of education could frustrate the objective of this affirmative policy, he said, adding if there were no controls over profit-seeking behaviour, candidates from the disadvantaged sections would be increasingly deterred from even applying to colleges and would face immense hardship. Underlining the need to rationalise fee structures in public institutions, wherein government subsidises education to a large extent eventhough students are capable of paying higher fees, he said the foremost objectives of higher education should be absorption of liberal values, capacity for critical inquiry and skills necessary for competing with the best in the world.
-- (UNI) -- 19MS29.xml




SC stays HC order on new polytechnics
http://timesofindia.indiatimes.com/Pune/SC-stays-HC-order-on-new-polytechnics/articleshow/4553239.cms
20 May 2009, 0335 hrs IST, Vishwas Kothari , TNN
PUNE: The Supreme Court on Monday stayed the Bombay high court order of May 7 that had restrained the state government from allowing any new polytechnic
institution to go functional from 2009-10 without prior approval of the All India Council for Technical Education (AICTE).

The fate of 32 proposed polytechnics in Pune region comprising Solapur, Sangli, Satara, Pune and Kolhapur districts hangs in the balance in the wake of a PIL (No.80/2009) filed in the high court by the Teachers Association for Non-Aided Polytechnics (TAFNAP).

When contacted, secretary to state department of higher and technical education J S Saharia said, "We will take a final call on this issue after a due consultation process with our legal counsel."

Saharia said, "I have been informed by my colleagues about the development in the Supreme Court. However, I am yet to receive a copy of the court's order. We will weigh the pros and cons with the authorities concerned before deciding on going ahead with the new polytechnics process."

Among other things, TAFNAP had argued in the PIL that the state government had no authority to sanction new polytechnics because it was the prerogative of the AICTE. Besides, it contended that the new polytechnics were being cleared without proper survey and development plan for technical education.

After a couple of hearings on March 19 and April 9, the high court division bench of chief justice Swatanter Kumar and justice S C Dharmadhikari issued an order on May 7 restraining the government from going ahead with the process of sanctioning new polytechnics without the AICTE approval.

The high court, while posting the matter for next hearing to June 18, passed strictures against the government. "It is surprising that the state is willing to play with the career of thousands of students in granting admission to the courses irrespective of the fact whether such additional courses/additional seats have received approval of the AICTE or not," the high court order states.

The state government moved the apex court by filing a special leave petition (No.12368/2009) against the high court order, before the vacation bench of justices Markandey Katju and Deepak Verma.

Following a brief hearing on Monday, the vacation bench granted a stay on the high court order and directed notices to TAFNAP, which has been given four weeks to furnish its written submission. The apex court directed the state government to file a counter-affidavit on TAFNAP's submission, in the four weeks thereafter. The matter is likely to be heard by the Supreme Court in the third week of July.

Now, the question remains as to whether the government will go ahead with the process of allowing new polytechnics to start from 2009-10.





HC seeks details of chopper expenses
http://www.telegraphindia.com/1090520/jsp/jharkhand/story_10991986.jsp
CHANDRAJIT MUKHERJEE
Ranchi, May 19: Jharkhand High Court today once again directed the administration to furnish all details of flights made on the state’s lone chopper to the accountant-general so that auditing of expenditure incurred due to flying can be done.
A division bench of the high court directed advocate-general P.K. Prasad to ensure that details of as many as 894 flights on the state helicopter be submitted to the office of the accountant-general to estimate the financial expense of the state exchequer.
The bench comprising Chief Justice Gyan Sudha Misra and Justice D.K. Sinha also ordered that a break-up of the expenditure, estimated to be about Rs 35 crore between April 2005 and November 2008, should be calculated and the accounts be produced before the court.
The court gave the order while hearing a public interest litigation (PIL) that exposed the unauthorised use of the chopper by politicians, bureaucrats and their relatives, and other VIPs by flouting protocol and other rules restricting the use of the helicopter.
Petitioner Bindu Bhushan Dubey had alleged that the state had given a free hand to the ministers and their families to use the chopper in complete disregard of regulations.
Dubey, in his petition, has said that the official chopper was used for pleasure trips by the former ministers of the state. For even small distances in the capital, the helicopter was pressed into service while cars could have easily travelled to the destinations.
The chopper, which is at disposal for official purposes, has been hired from a private company, which is paid a hefty amount. According to the PIL, the expenses of using the chopper come to about Rs 35 crore.
Earlier, while hearing the petition, the court was apprised by the office of the accountant-general that there seemed to be some discrepancy in the record of flights made on the chopper.
The civil aviation department had been requested to furnish details as mentioned in the flight logbook.
However, it is yet to give the details.
The court had earlier directed the state to table all necessary documents and cooperate with the accountant-general, but no data has been provided yet.
The matter will again be taken up for hearing again on May 26.




Notice to BMRC, BDA, state govt, Centre
http://timesofindia.indiatimes.com/Bangalore/Notice-to-BMRC-BDA-state-govt-Centre/articleshow/4553274.cms
20 May 2009, 0418 hrs IST, TNN
BANGALORE : The high court on Tuesday sent notices to BMRC, BDA, KIADB, state government, Centre and others on PIL challenging land allotment in Lalbagh for building a Metro Rail station.

A vacation division Bench headed by Justice N K Patil posted the matter to Thursday; it asked the state government and BMRC to file affidavits explaining their activities in Lalbagh.

In their PIL, Environmental Support Group and Hasiru-Usiru challenged an ordinance passed on November 22, 2008, seeking to amend the Karnataka Government Parks (Preservation) Act. They also challenged an order passed on February 25, 2009, which allowed BMRC to take over 1,135.18 square metre inside Lalbagh.

According to the petitioners, the land in question was handed over without complying with provisions of the Karanataka Town and Country Planning Act, and also without bringing a suitable amendment to CDP-2015. "There is no proposal in CDP-2015 for alignment of Namma Metro within Lalbagh," petitioners' counsel said.

"The November 22, 2008, ordinance has lapsed since it wasn't placed before the January assembly session held in Belgaum. Also, the authorities issued land acquisition notification for that area on November 20 __ two days before the ordinance. Hence, they did not look into alternatives," the counsel explained.

According to the petitioners, 293 trees will be affected in the East-West corridor, 501 in the North-South corridor, and 412 trees in the 33-km project.

BMRC: No commercial exploitation in Lalbagh area

In a statement to the court related to another PIL, BMRC said it will not create parking zones and malls at Lalbagh Metro station or at any other station on this stretch.

"There is private land acquisition on RV Road and Jayanagar Metro station areas," BMRC said in reply to PIL by Mahaveer Ranka, who challenged tree-felling in Lalbagh.

"Till March 31 this year, work on 75 milestones out of 151 have been completed and Rs 1,305,47 crore spent on the project. Also, 1,135.18 square metre is equivalent to 123 guntas and it amounts to just 0.12% of the 243-acre-large Lalbagh area," BMRC stated.

"The project was executed after taking into account relevant and detailed reports. It will provide a benefit of Rs 1,155 crore to the public. A total of 188 trees will be felled and 202 pruned," BMRC explained.

School order stayed

The high court has stayed an order passed by the block education officer on April 8, asking authorities to closed down Infant Jesus Cottage School and transfer its students to another school.

The school replied that it had obtained a no-objection certificate from the authorities to start a school based on ICSE. "There is no truth in the contention of authorities that we're running 6th and 7th standards without approval," the school claimed.




HC to freedom fighter's rescue
http://timesofindia.indiatimes.com/Chandigarh/HC-to-freedom-fighters-rescue/articleshow/4553722.cms
20 May 2009, 0150 hrs IST, TNN
CHANDIGARH: PGI’s alleged refusal of free medical treatment to 85-year-old freedom fighter Joginder Singh, resident of Manimajra, came under the HC scanner on Tuesday following a PIL filed by lawyer HC Arora.

A division bench comprising CJ Tirath Singh Thakur and justice Hemant Gupta, expressing complete sympathy with the freedom fighter, observed that HC would be too willing to issue directions to UT administration to release payment.

The bench also asked petitioner Arora to arrange payment of all materials to the PGI and bring all the relevant bills before the HC on the next date of hearing so that appropriate directions for releasing payment of all those bills may be issued to the administration.

Arora referred to various notifications issued by UT finance secretary (in pursuance to an earlier PIL filed by Arora himself) extending free medical treatment to freedom fighters and their spouses by hospitals, dispensaries under control of the Chandigarh administration. Arora asserted that the PGI, despite requests by UT administration, had not extended similar facility to freedom fighters.





BMRC, others told to explain Lalbagh work
http://bangalorebuzz.blogspot.com/2009/05/bmrc-others-told-to-explain-lalbagh.html
WEDNESDAY, MAY 20, 2009
NGOs Still Pursue Tree-Felling Debate
TIMES NEWS NETWORK

Bangalore: The high court on Tuesday sent notices to BMRC, BDA, KIADB, state government, Centre and others on PIL challenging land allotment in Lalbagh for building a Metro Rail station.
A vacation division Bench headed by Justice N K Patil posted the matter to Thursday; it asked the state government and BMRC to file affidavits explaining their activities in Lalbagh. In their PIL, Environmental Support Group and Hasiru-Usiru challenged an ordinance passed on November 22, 2008, seeking to amend the Karnataka Government Parks (Preservation) Act. They also challenged an order passed on February 25, 2009, which allowed BMRC to take over 1,135.18 square metre inside Lalbagh.
According to the petitioners, the land in question was handed over without complying with provisions of the Karanataka Town and Country Planning Act, and also without bringing a suitable amendment to CDP-2015. “There is no proposal in CDP-2015 for alignment of Namma Metro within Lalbagh,” the petitioners’ counsel said.
“The November 22, 2008, ordinance has lapsed since it wasn’t placed before the January assembly session held in Belgaum. Also, the authorities issued land acquisition notification for that area on November 20 — two days before the ordinance. Hence, they did not look into alternatives,” the counsel explained.
According to the petitioners, 293 trees will be affected in the East-West corridor, 501 in the North-South corridor, and 412 trees in the 33-km project.
SCHOOL ORDER STAYED: The HC stayed an order passed by the block education officer on April 8, asking authorities to closed down Infant Jesus Cottage School and transfer its students to another school. The school replied that it had obtained a no-objection certificate from the authorities to start a school based on ICSE.
Won’t commercially exploit Lalbagh: BMRC
In a statement to the court related to another PIL, BMRC said it will not create parking zones and malls at Lalbagh Metro station or at any other station on this stretch. “There is private land acquisition on RV Road and Jayanagar Metro station areas,” BMRC said in reply to PIL by Mahaveer Ranka, who challenged treefelling in Lalbagh.
“Till March 31 this year, work on 75 milestones out of 151 have been completed and Rs 1,305,47 crore spent on the project. Also, 1,135.18 square metre is equivalent to 123 guntas and it amounts to just 0.12% of the 243-acre-large Lalbagh area,” BMRC said. “The project was executed after taking into account relevant and detailed reports. It will provide a benefit of Rs 1,155 crore to the public. A total of 188 trees will be felled and 202 pruned,” BMRC explained. TNN





Patna HC allows BPSC to conduct its mains
http://timesofindia.indiatimes.com/Cities/BPSC-can-conduct-Mains-Patna-HC/articleshow/4552890.cms
19 May 2009, 2056 hrs IST, PTI
PATNA: In a relief to students who qualified the Bihar Public Service Commission's (BPSC) PT examination for 48th to 52nd combined competitive examination, Patna High Court on Tuesday allowed the Commission's plea to hold the mains examination.

BPSC's mains examination is scheduled to begin from May 25.

After hearing the arguments of both sides and going through the records, a division bench comprising Justice Sudhir Kumar Katriar and Justice K K Mandal observed that BPSC had acted in a fair manner and ensured all fairness in the process of examination.
The bench on March 6 had stayed the single bench order which quashed the PT examination conducted by the BPSC and had directed it to hold the examination afresh.

The single bench order of January 30 was challenged by the successful candidates of the PT examination and BPSC.

The court today also allowed the commission to hold a separate preliminary test (PT) examination for 94 candidates who had first complained about the anomalies in the question paper before the publication of the PT results.

BPSC had conducted the PT examination on May 25, 2008 and out of 1,76,984 candidates who appeared for it, 19318 were declared successful on September 18, 2008. About 150 unsuccessful ones who alleged irregularities in the examination and took the matter to the court.




HC allows Jet Airways to lease out Boeing aircraft
http://www.thehindubusinessline.com/blnus/28191962.htm
MUMBAI: The Bombay High Court on Tuesday allowed Jet Airways to lease out one Boeing aircraft to Turkish Airlines, in addition to three already leased. Justice Anand Nirude granted permission to Jet to give the aircraft on a dry lease for 25 months.
Jet needed court's permission as earlier High Court had barred the airlines from creating third party rights in its moveable assets, including 40 aircraft, until its dispute with Sahara India Commercial Corporation Ltd (SICCL) was settled.
Last month also Jet had moved the court seeking permission to send three Boeing-777 aircraft to Turkish Airlines on a dry lease. SICCL had in March filed a petition, claiming that the Naresh Goyal-owned airline had defaulted on the installment amount du e as payment for acquisition of Sahara Airlines, now JetLite, hence it was liable to pay original deal amount of Rs 2,000-crore and not re-negotiated amount of Rs 1450 crore.
High Court, at the last hearing, asked both the parties to seek out-of-court settlement. Court is expected to give ruling on the Sahara's petition on June 12. - PTI




Mumbai SEZ moves HC for speedy completion of land acquisition
http://www.thehindubusinessline.com/blnus/28191862.htm
MUMBAI: Mukesh Ambani-promoted Mumbai SEZ, coming up in the neighbouring Raigad district, on Tuesday moved the Bombay High Court seeking speedy completion of land acquisition process by the district administration.
The Court has sought reply from the collector's office by May 22. SEZ's lawyer senior advocate Mr Janak Dwarkadas said that two years after state issued declaration of intention of acquire the land'' for the company, final award has not been made by the collector.
If the final consent award is not made before June 6, the whole process would lapse as per the Land Acquisition Act, Mr Dwarkadas said. However, government's lawyer said that before award is made, the persons "interested in the land'', i.e. the original land owners, must appear before the collector so that he could verify whether acquisition has been made properly.
Mr Dwarkadas contended that Mumbai SEZ had registered agreements of land sale, and no further verification was necessary. "We have paid out some Rs 600 crore. We have paid consideration ten times the market prices,'' he said.
The vacation bench of Justices Anand Nirgude and Rajesh Ketkar however adjourned the hearing till May 22, asking government to file affidavit stating its stand. - PTI




HC judge's car burnt in suspected sabotage
http://www.indianexpress.com/news/HC-judge--s-car-burnt-in-suspected-sabotage/462482
Posted: Tuesday , May 19, 2009 at 1637 hrs IST
Madurai:
In a case of "suspected sabotage" by supporters of LTTE, car of Madras High Court Judge M Chockalingam was today found burnt inside the court complex in Karaikudi town of Sivaganga district, police said.
Chockalingam's driver Stephen, who went to collect the car from the court's guest house where it was parked last night, found the vehicle burning and informed police.
Stephen has parked the vehicle there on the orders of the judge, after dropping him home, they said.
A case of suspected sabotage has been registered, they added.
Meanwhile, DIG Ashok Kumar Dass and District Superintendent of Police Rajendran visited the spot and ordered formation of a special team to investigate the incident.




HC to govt: Appoint info officials
http://timesofindia.indiatimes.com/Patna/HC-to-govt-Appoint-info-officials/articleshow/4548635.cms
19 May 2009, 0335 hrs IST, TNN
PATNA: The Patna High Court on Monday directed the Bihar government to fill up the posts of chief information commissioner and two information commissioners of the State Information Commission within a month.

A division bench comprising acting Chief Justice Shivakirti Singh and Justice Mihir Kumar Jha passed the order on a PIL of Vikas Chandra alias Guddu Baba who submitted that the posts were lying vacant for several months.

Additional advocate general N K Sinha submitted the state government appointed former Patna High Court Chief Justice J N Bhat as the chief information commissioner in October 2008, but he had not yet joined.





HC directive on case against Lalu
http://timesofindia.indiatimes.com/Patna/HC-directive-on-case-against-Lalu/articleshow/4548708.cms
19 May 2009, 0335 hrs IST, TNN
PATNA: The Patna High Court on Monday issued a directive to a Muzaffarpur court to proceed in accordance with law in a case in which RJD chief Lalu Prasad has been charged with forcing the pilot of a helicopter to land on the national highway near Maniari in Muzaffarpur district during the 2007 floods.

A single bench presided by Justice Jaya Nandan Singh issued the directive while hearing a criminal writ petition of a Muzaffarpur lawyer, S K Ojha.

Petitioner's counsel V K Singh submitted the pilot has given the statement that Lalu asked him to land on the highway. The reports of the DIG and SP also corroborated this fact, he said.




Private, unaided schools to stick by HC verdict
http://mangalorean.com/news.php?newstype=local&newsid=125201

Bangalore, May 19: Several private and unaided schools management associations have decided to stand by the High Court ruling on medium of instruction.
At a meeting convened by Karnataka State Private Schools Management Association, the different associations decided to fight it out with the government in unison. The meeting was presided over by H V Suresh, the secretary of the Association.
Other organisations that participated in the meeting included Karnataka Unaided Schools Management Association (KUSMA), Karnataka Unaided Minorities Schools Association and Karnataka Association of Managements of Private Schools (KAMPS).
H V Suresh said, “We will stand by the High Court ruling until the Supreme Court grants a stay on the order. The ruling of the High Court is law until there is an intervention by the Supreme Court and the law states that parents have a fundamental right to choose the medium of instruction.”
He added that they will also file for contempt against the State government in the next few days for its failure to implement the HC ruling that gave it four weeks to sanction English as a medium for schools that had applied.
The organisations present vowed to fight it out in the Supreme Court if it granted a stay. Although the government had sought a stay, the apex court had deferred the issue until the end of summer vacation. The organisations also decided to submit a memorandum to the Chief Minister B S Yeddyurappa and Minister for Primary and Secondary Education Vishveshwara Hegde Kageri protesting against the government’s insistence on imparting primary education in the mother tongue. The representatives also unanimously agreed that Kannada must be taught as first language even if the medium of instruction was English.
The Deputy Chairman of the legislative council A Puttanna of the Janata Dal (Secular) was also present at the meeting and endorsed the stand of the associations. He blasted the government for its hypocrisy and said that the government had no right to interfere with the medium of instruction.
“If we do a study of where the children and grandchildren of Kageri and all these ministers and bureaucrats study, then the hypocrisy of these so called guardians of Kannada will be out,” he said. He urged the different bodies to stay united and said that there is nothing to fear. “Every government has to stay within the bounds of the constitution,” Puttanna said.
Meanwhile, an individual by the name of M S Khan representing Modern High School, Ejipura has already filed a petition for contempt in the High Court against the State government.
Contempt case against Kageri
A contempt of court case was filed in the High Court on Monday by a private school management against Minister for Primary and Secondary Education Vishveshwara Hegde Kageri.
The case follows the Minister’s statement on Thursday that the government was firm on pursuing the policy of providing primary education in Kannada medium and would not under any condition allow the schools to teach in English medium.
M S Khan of Modern English School of Ejipura has sought the Advocate General’s permission to file a contempt case against Kageri.
It may be recalled that the state government had filed a Special Leave Petition (SLP) in the Supreme Court questioning the High Court’s decision to disallow the mandatory imposition of Kannada as a medium of instruction. The Supreme Court ordered a stay on the SLP. The applicant has argued that the government does not have the authority to deny them permission to use English as a medium, when the Supreme Court has granted a stay.
DHNS





HC raps govt for stalling recruitment
http://timesofindia.indiatimes.com/Bangalore/HC-raps-govt-for-stalling-recruitment/articleshow/4549158.cms
19 May 2009, 0427 hrs IST, TNN
BANGALORE: The high court has pulled up the government for stalling recruitments to the Karnataka State Pollution Control Board.

Justice B Abdul Nazeer, while quashing government directions to stall the process, noted that the state has no jurisdiction to stay appointments initiated by a statutory board.

In July 2008, KSPCB initiated recruitment for vacant posts in the board. Some persons who were working on a contract basis for more than nine years also applied. The chief minister's office issued orders to the KSPCB to stop the process.

Four of the contract employees approached the court against the stay. The court has directed the government to complete the recruitment process within three months.




HC seeks clarification on law varsity issue
http://timesofindia.indiatimes.com/Cities/HC-seeks-clarification-on-law-varsity-issue/articleshow/4549584.cms
19 May 2009, 0350 hrs IST, TNN
JODHPUR: The Rajasthan High Court has issued notices to the secretaries of Ministry of Human Resources, Bar Council of India, Ministry of Higher Education, University Grants Commission (UGC), Convener of Common Law Entrance Test (CLAT) and to the Registrars of all 11 National Law Universities (NLU) across the nation seeking reply on the reservation given by the six NLUs for students belonging to their respective states.

The court has sought replies with May 28 deadline from all the respondents in pursuance of the petition filed by Sagar Joshi of Law Prep Tutorial, an institute coaching students for the CLAT in Jodhpur. Joshi, challenging the provision of the reservation in the joint entrance test, CLAT, conducted by these six law schools, has demanded abolition of this provision.

The first NLU was established in Bangalore in 1987 by the joint efforts of the Bar Council of India, UGC and Karnataka government with a view to launch five-year integrated law course of national standard. Encouraged by the overwhelming success of this initiative, Bar Council of India decided to launch more such universities across the country with the assistance of the state governments to elevate the standard of the law education in the country and prepare more qualified lawyers.

These initiatives resulted in setting up of 11 NLUs across the country in the states of Rajasthan, Madhya Pradesh, Andra Pradesh, Kolkata, Gujarat, Uttar Pradesh, Bihar, Punjab, Chhattisgarh and Kerala besides Karnataka. Out of these 11 NLUs, six kept the provision of giving reservation to the students of their respective states, which ranged from 20% to 50%. According to the petitioner’s counsel, P S Bhati, reservation so given is in violation of the Section 16 of the Indian Constitution, which forbids reservation to any student in any educational institution of national level on the basis of the birthplace. On the basis of this argument, the single bench of Justice H R Panwar of the Rajasthan High Court accepted the petition and issued notices to all the concerned respondents to give reply by 28 May.

According to the petitioner Sagar Joshi, there are 1,500 seats across these 11 NLUs and after the reservation by the six NLUs of Bhopal (MP), Raipur (Chhattisgarh), Gandhinagar (Gujarat), Patiala (Punjab), Patna (Bihar) and Luknow (UP), only 1,100 seats are left for the students of other states, which is an injustice to them. He said that these are best law schools, which are known for imparting the best education. But provision of reservation in these schools is detrimental to the image and objective behind setting up of these schools, Joshi added terming it unconstitutional.




HC summons senior health officials
http://timesofindia.indiatimes.com/Allahabad/HC-summons-senior-health-officials/articleshow/4548425.cms
18 May 2009, 2328 hrs IST, TNN
times news network

Allahabad: Taking serious note of the pathetic condition of Swaroop Rani Nehru (SRN) Hospital, the Allahabad High Court has directed principal secretary, medical education and director general medical health
, Uttar Pradesh to appear in person before it on May 22 to explain why appropriate measures were not taken to improve the condition despite repeated court orders.

The order was passed by a division bench comprising Justices Sunil Ambwani and Dilip Gupta on a PIL filed by advocate Satish Chaturvedi. The court also directed the medical authorities to allow advocate Akhilesh Kumar Pandey to visit the hospital and the offices of SRN Hospital, Children Hospital and MD eye hospital.





New govt to continue offshore wealth recovery
http://economictimes.indiatimes.com/News/Economy/Finance/New-govt-to-continue-offshore-wealth-recovery/articleshow/4550303.cms
19 May 2009, 1007 hrs IST, M Padmakshan , ET Bureau
MUMBAI: In all likelihood, the new regime in power will follow up the work it has initiated in its last term to recover Indian wealth taken away to various offshore banking destinations. Quite a few reasons are there to presume so.

First, the public interest litigation (PIL) being heard by the Supreme Court on this issue. Sources close to jurist Ram Jethmalani, who filed the PIL, said the legal pursuit will carry on irrespective of the governments. Also, more PILs on this issue may come up soon, as NGOs and other interested parties have decided to file PILs after the formation of the new government.

The second reason for a continuance in the efforts will be the moral support from several international experts on Asian economies. Then, there is also the international consensus on the need to rein in tax havens, which can bolster India’s efforts to renegotiate tax treaties signed with other countries, including Switzerland and other offshore destinations.

The UPA government’s view on this matter could be inferred from the affidavit filed before the Supreme Court. It said it had secured from the German government, details of Indians having deposits with LGT Bank, Liechtenstein, a well-known tax haven bordering Germany. It said the government received this information from Germany after a systematic and sustained pursuit.

This was a reply to the charges in the PIL in which it was alleged that the government was not committed to secure information offered by Germany. The affidavit also answered charges levelled by BJP and CPM that the ruling party was indifferent to the German government’s offer.

The Union government’s affidavit in the PIL has given details of the steps initiated, including telephone calls and emails sent to the concerned authorities in Germany.

The government also told the Supreme Court that it had approached the government of Switzerland for a relook into the Double Taxation Avoidance Agreement (DTAA) so that the Indian tax regime gets an easier access to information regarding Indian deposits in Swiss banks.

Therefore, the government is under obligation to continue with the exercise of renegotiating the DTAA with Swiss authorities and also with several countries known to be having strict banking secrecy laws that prevent access to information on deposit holders, according to legal experts.

Additionally, there is also moral support in favour of the government, coming from international experts and economists specialising in Asia’s economies.

Joseph Tan, chief economist at Credit Suisse, the second largest Swiss bank, was quoted by international media recently as saying that India has to claw back every cent it can get.

The prospect of revenue is the impetus to crack down on tax evasion and tax havens. The $85 billion stimulus package underway requires mobilisation of such resources, the report added.

Indian initiative in this direction also coincides with international consensus on reining in on tax havens that reportedly conceal over $11 trillion stashed away from developing as well as developed countries.

The G20 meet held in London last month too voiced its concern over continuing existence of banking secrecy laws that block any information on deposits held in these banks.




HC restrains govt from allowing wine shop in residential area
http://timesofindia.indiatimes.com/Cities/HC-restrains-govt-from-allowing-wine-shop-in-residential-area/articleshow/4549415.cms
19 May 2009, 0244 hrs IST, TNN
LUCKNOW: The high court has restrained the government from allowing the opening of the new model wine shop at a residence in Indira Nagar locality.
The order came from the bench of Justice Pradeep Kant and Justice SNH Zaidi.

A high court lawyer, Sanjai Kumar and ten senior residents of the area had filed a PIL petition in the court submitting that a new model wine shop was being opened in the midst of the residential colony at house number D-2045 in Indira Nagar. The petitioners were residents of the adjacent houses to the proposed shop. It was pleaded in the PIL that UP Number and Location of Excise Shop Rules 1968 prohibits specifically the opening of a new shop in close proximity to a place of public resort, school, hospital, place of warship or factory or to the entrance to a bazar or a residential colony.

The shop was being opened in violation of the said rules, argued the counsel for the petitioners, Sandeep Dixit, adding that even the apex court is of the view that no such shop should be opened in 100 metre radius of the aforesaid places. The state government has, however, reduced this 100 metre to 50 metre.

The bench heard the matter at length and observed, prima facie, 'we are satisfied that no such shop can be opened in terms of the aforesaid rules.' However, the court allowed the shop owners to get their shop opened at a place, where the prohibition as stated is not applicable.




Model jail shift need of the hour, pleads govt with HC
http://timesofindia.indiatimes.com/Cities/Model-jail-shift-need-of-the-hour-pleads-govt-with-HC/articleshow/4549414.cms
19 May 2009, 0245 hrs IST, TNN
LUCKNOW: The government has filed short counter affidavit in the model jail demolition case. The bench of Justice Pradeep Kant and Justice SNH Zaidi posted the matter for Tuesday for next hearing.

On behalf of the state government, chief standing counsel Devendra Upadhyay has pleaded in the affidavit that the decision to shift the model jail to Gosainganj-Mohanlalganj Road has been taken in public interest. He stated that against the present capacity of 2,010 prisoners at model jail, Nari Bandi Niketan and district jail, the present population is 3,632. The proposed capacity in the jail is to house 4,660 prisoners. The new jails would have better facilities for jail reforms and for welfare of the inmates.

Upadhyay stated that the new jails would have high security barracks, a hospital of high efficiency, court rooms, video conferencing rooms, central watch towers, high mask light, modern common kitchen, better and more secure place for inmates, sewage treatment plants etc.

Upadhyay further stated in the affidavit that the decision to shift the model jail has been taken considering the fact that jails in Lucknow have now come to a congested area and also the requirement of security of jail inmates as jails presently are not only housing under trials and convicts of various offences but also the persons accused of terror activities. He informed that the state government considered for the first time in 1995 to transfer the jail situated in congested areas of various districts and also the disposal of land and other assets of jails in case of their transfer.

As on April 30, 2009, at least 78,806 prisoners against the existing capacity of 43,411 prisoners were housed in 61 prisons in the state. The physical infrastructure of jails has not kept pace with the changing requirement and heightened expectation and need of better prison management. This situation has necessasitated construction of new jails, pleaded Upadhyay.

A local lawyer SL Pandey had filed a public interest litigation (PIL) petition against demolition of model jail. The court had restrained the government from demolishing the said jail premises and felling of trees as also shifting of jail inmates to other places. The PIL came up for hearing on Monday again. The bench asked how long it would take for the state government to complete the construction of new jails.





Independent inquiry sought into state of affairs in Prasar Bharati
http://www.indianexpress.com/news/Independent-inquiry-sought-into-state-of-affairs-in-Prasar-Bharati/462002
Posted: Monday , May 18, 2009 at 1729 hrs IST
New Delhi:
The Chairman of Prasar Bharati Board on Monday sought before the Delhi High Court an independent, comprehensive and time bound inquiry into the "deplorable" state of affairs in the public broadcaster.
In his affidavit, Chairman Arun Bhatnagar said the functioning of the Prasar Bharati has, "for quite some time now, been a matter of the gravest concern" for the members of the board.
The affidavit was filed in response to a notice by the Court on a PIL which alleged financial irregularities in Prasar Bharati.
Appearing for the government, Additional Solicitor General Parag Tripathi informed the Court that the Comptroller and Auditor General of India (CAG) has been asked to undertake an internal audit of the broadcaster.




J &K HC to hear PIL on polythene ban on June 2
http://www.indlawnews.com/newsdisplay.aspx?aad08f1d-8371-4272-a577-5745203be9fc
5/17/2009

The Jammu and Kashmir High court will hear on June 2 the Public Interest Litigation (PIL) filed by the Valley Citizen Council (VCC) seeking the Court’s intervention to ban the import and use of polythene in Kashmir, alleging that some polythene-friendly lobby was preventing the state government from banning the major threat to environment.

VCC general secretary Imdad Saqi, in the six-page PIL, has sought immediate intervention on the issue, alleging the state government has failed to ban the import and use of polythene which was a major threat to environment.

He said two years ago the state government issued a SRO banning the use of non-biodegradable material. However, till date its implementation was awaited as the file is still pending before the concerned department, who show no interest because of reasons best known to them.

Mr Saqi demanded action against the officers and officials responsible for keeping the file in the cold storage.

He said as the implementation of the SRO needs a rule book for framing of procedures with regard to issues like imposition of fine and prosecution, the State Pollution Control Board (SPCB) after completing the formalities, sent the file to state forest department two years ago for administrative wetting. However, till date it has not been done and the file is pending with forest department.

He further said that the Housing and Urban Development Department was also responsible for not implementing the ban.

He said three years before the Srinagar Municipal Corporation (SMC) had sent a resolution to the department to get the approval from the government, banning the use of the polythene. But, he said, till date there was no response from the department.

Mr Saqi said every environmental problem in Kashmir is related to plastic and polythene. Even this has badly affected the famous Dal Lake and other bodies.

UNI




HC sets deadline for shifting steel market from Parrys
http://steelguru.com/news/index/2009/05/18/OTQ3NTY=/HC_sets_deadline_for_shifting_steel_market_from_Parrys.html
Monday, 18 May 2009
TOI reported that cracking the whip on civic authorities for the delay in shifting of the iron and steel market from the residential areas of George Town to Sathangadu, the Madras high court on last Friday directed the agencies involved to complete the project by June 15th or face contempt of court proceedings.

Mr PK Misra a division bench comprising Justice and Justice Mr Hariparanthaman said the market gave sleepless nights to residents of George Town area and that the court had to take an activist approach to issue several directions which it would not do in normal conditions.

The bench was passing orders on public interest writ petitions filed by Mr KR Ramaswamy and Mr C Vadivelu seeking to implement the February 23rd 1999 order of the Housing and Urban Development Department to shift the market to Sathangadu.

When the matter was taken up for disposal, the additional law secretary, who was present in the court, wanted six more months to issue final notifications pertaining to infrastructural facilities such as roads, electrical works, administrative and amenity buildings, auto workshops, lorry parking, telephone exchange, police station, petrol bunk, water supply, storm water drains, sewerage connections, public convenience and weigh bridge. The petitioners, however, opposed the plea, stating that no further extension of deadline need to be granted to complete these technicalities.

Rejecting the officials' plea for extension of deadline, the bench observed that "This court was pained to note that the order dated July 18th 2008 was observed more in breach as the process of shifting the wholesale trade in iron and steel to Sathangadu was to be completed at least before March 31st 2009. It was not complied with. However, the matter was adjourned giving a last chance to officials to furnish a status report relating to further action"

The judges said that the case clearly indicated the lackadaisical attitude of the authorities in implementing the 1999 GO, adding that unfortunately, things moved at a snail's pace forcing this court to issue several directions from time to time for the personal appearance of officials concerned for filing of the status report.

(Sourced from TOI)




HC stays order of disclosing answersheet to CA students
http://www.hindu.com/thehindu/holnus/002200905181879.htm
New Delhi (PTI) The Delhi High Court on Monday stayed its order directing Institute of Chartered Accountants of India (ICAI) to provide certified copy of answersheet to its students under the Right to Information Act.
A Division Bench of Chief Justice A P Shah and Justice N K Kaul stayed the operation of the order passed by a single judge bench on April 30.
Senior Advocate Soli Sorabjee, appearing for the Institute, contended that students have no right to seek disclosure of their answer sheet and it does not come under the purview of the RTI Act.
The single bench had directed the Institute to provide a copy of the answersheet to its students under the RTI Act saying it could not be excluded from the purview of the Right to Information Act and examination authority cannot deny answersheet to students.
Observing that the Act confers positive power to a citizen which should not be hindered by authorities, the court dismissed the plea of the Institute of Chartered Accountants of India challenging the CIC's order to provide a certified copy of the answer sheet to a student who could not clear the exam.




MP HC to observe vacation from May 18
http://www.indlawnews.com/newsdisplay.aspx?6529fbb4-519b-46fa-8719-677050272b12
5/17/2009

The Madhya Pradesh High Court will observe a month-long summer vacation from May 18.

According to Registry source, Chief Justice Anang Kumar Patnaik has consented to cut down the summer vacation by seven days.

The summer vacation at the principal seat of the High Court in Jabalpur and its benches at Gwalior and Indore would be observed from May 18 to June 13.

The High Court Registry will function during the summer vacation and will accept cases of urgent nature for filing.

Special vacation benches will sit on Monday and Thursday to hear urgent matters and matters of public importance, the Registry source said.

The High court will again open and will start normal functioning from June 15.

UNI



SC upholds Delhi HC judgement on school bus tragedy
http://www.indlawnews.com/Newsdisplay.aspx?354fcfa9-572e-466c-b418-d6ce53cf7358
5/16/2009

The Supreme Court has upheld the Delhi High Court judgment enhancing the compensation to be given to families of 29 children, who were drowned in Yamuna river on the fateful morning of November 18, 1997, when their school bus fell into the river after jumping the railings of the bridge near Wazirabad.

The tribunal had awarded a compensation of Rs 1.55 lakh each for the children in the age group of 10 to 15 years, Rs 1.65 lakh each for the age group of 15 to 18 years while for the children below 10 years of age, a compensation of Rs 1.05 lakh was awarded.

The High Court, however, awarded an additional compensation of Rs 75,000 each for the families of the victim of the tragedy.

A bench comprising Justices S B Sinha and M K Sharma refused to interfere with the judgment of the High Court holding that it des not suffer from any legal infirmities.

The tragedy had allegedly taken place due to the criminal negligence of the driver of the school bus, who was driving the bus at a very high speed while crossing the Wazirabad bridge and lost control as a result of which the bus jumped the railings of the bridge and fell into the river.

UNI




HC slams MCD for delaying probe against councillor
http://www.indianexpress.com/news/HC-slams-MCD-for-delaying-probe-against-councillor/461377
Express News Service Posted: Monday , May 18, 2009 at 0015 hrs IST
New Delhi:
The Delhi High Court has slammed the Municipal Corporation of Delhi for not cooperating with the Economic Offences Wing (EOW), which is investigating a case against a municipal councillor.
In a recent order, Justice Kailash Gambhir asked the MCD to explain the over six-month delay in providing vital documents sought by the Deputy Commissioner of Police (EOW).
“It is quite a shocking state of affairs that for the last more than six months the department concerned of the MCD has not been able to supply the requisite documents to enable the EOW to proceed with the inquiry,” Justice Kailash Gambhir said.
The High Court has now directed the Director of the MCD’s Vigilance Branch to appear before it in person. “The Deputy Commissioner (Shahdara-South Zone) shall also remain present on May 25,” the court ordered.
Justice Gambhir passed the order in connection with the anti-forgery section of the EOW’s inquiry, following a complaint by Harish Beniwal, a safai karmachari, against Praveen Massy, councillor from Trilokpuri, on recruitment to the MCD.



Projects must pass green test: HC
http://timesofindia.indiatimes.com/Delhi/Projects-must-pass-green-test-HC/articleshow/4543752.cms
18 May 2009, 0625 hrs IST, Vishal Sharma, TNN
CHANDIGARH: Distressed by the shocking findings of enquiry reports on illegal mining in ecologically fragile lower Shivalik hill areas falling in districts of Yamunanagar, Ambala and Panchkula, the Punjab and Haryana High Court has directed the state government to lay out an environmental impact assessment blueprint before pushing ahead with its "commercial enthusiasm" over mining in the region.

Asserting that Haryana is a public trustee of natural resources and legally bound to protect the same from private encroachments and "commercial enthusiasm", the HC has banned all non-forest activity, including the mining of major and minor minerals, in the lower Shivalik ranges duly notified as "forests" by the state government under sections 3, 4 and 5 of the Punjab Land Preservation Act (PLPA). In their 26-page order on May 15, chief justice Tirath Singh Thakur and justice Surya Kant advised the government to think beyond "commercial gains" and clarified that the Central notification of September 14, 2006, requiring "prior environmental clearance" for mining was not restricted to new projects alone but covered even those afoot.

The court's observation annihilated the argument put forth by Chandi Mandir Stone Crushers Consumers Company, one of the petitioners, that the 2006 notification was applicable only in cases where new mining activity was to be undertaken and that projects already underway were out of its ambit.

Pointing out that even the existing mining activity in lower Shivaliks "cannot continue without environmental clearance", the bench set a February 28, 2010, deadline for miners and government to get their act together. Next year onwards, Central clearance would be mandatory even for existing mining projects.

Brushing aside the state government's argument that the onus for getting environmental clearance for to-be auctioned mining sites lay on mining contractors, the judges drafted do's and don'ts for it, listing preparation of environmental impact assessment report and appraisal of mining projects by environmental panel among others in it.

The bench also called the government's bluff of granting short-term permits by dividing the mining area into small zones so as to side-step environmental norms, saying even those could not be granted without due clearance. Under Central norms, environmental clearance is mandatory in cases where mining area is 50 hectares or more.

Incidentally, the green order on Shivalik mining has come days before Chief Justice of India K G Balakrishnan reached in Chandigarh to attend a seminar on `Law and Environment' being organized by Asia Pacific Jurist Association whose patron-in-chief and president are CJ Tirath Singh Thakur and Justice Surya Kant respectively.





CJI for justice to poor
http://www.telegraphindia.com/1090518/jsp/jharkhand/story_10983394.jsp
CHANDRAJIT MUKHERJEE
Ranchi, May 17: Chief Justice of India K.G. Balakrishnan said that 80 per cent of criminal cases in Jharkhand were lodged against the poor.
Justice Balakrishnan, while laying the foundation stone for the state judicial academy at Dhurwa today, said: “The rich people know how to defend themselves, but it is the underprivileged ones who are trapped and languish in custody.”
He added that the judiciary had to be more sensitised and should come forward to help the poor by imparting quick and proper justice.
Among those who are in custody, the majority are those who are involved in petty criminal cases and are rotting there. The prosecution as well as the judiciary ought to be trained and equipped to handle and dispose such cases within a short span of time, Justice Balakrishnan said.
Citing various odds against which the judiciary is functioning, he added: “The number of cases pending in the subordinate judiciary is 87 per cent as per the national data. There is an acute shortage of judges and infrastructure, which have crippled the pace of disposal of cases. Training of judges is imperative for delivery of justice. The judicial academy as a centre of learning is ideal for thought provoking and learning for the judges and new entrants in the judicial services.”
“The judicial academy should, other than teaching laws, should also strive towards sensitising trainees to deal with situations in courts. Reaction of a judge towards a woman, juvenile, HIV patient should all be under the scanner in the academy. Moreover, a judge has to be trained to rise above his personal prejudices when it comes to delivering justice,” he added.
A host of Supreme Court judges, including Justices S.B. Sinha, Mukundkam Sharma, V.S. Shirpurkar, Markandey Katju, Altamas Kabir and other dignitaries were present.
Former Supreme Court and high court judges of Guwahati, Kerala, Patna and Rajasthan were also present for the function along with Chief Justice Gyan Sudha Misra and Justice M.Y. Eqbal of the Jharkhand HIgh Court.
Supreme Court judge Mukundkam Sharma said that the importance of a training centre was essential to maintain the stock of judicial officers.
The proposed judicial academy will be built over six acres near Dhurwa dam side, about 7km from the high court.
The academy will have class rooms, libraries, hostels and a guesthouse for trainees. The judicial academy, at present, functions in an annexe building of the Administrative Training Institute.