LEGAL NEWS 15.07.2009

Nari Niketan: HC reserves verdict on abortion
http://timesofindia.indiatimes.com/NEWS-City-Chandigarh-Nari-Niketan-HC-reserves-verdict-on-abortion/articleshow/4777971.cms
TNN 15 July 2009, 03:39am IST
CHANDIGARH: After consultations and deliberations lasting many weeks, the Punjab and Haryana High Court reserved its verdict regarding the controversial issue of terminating the pregnancy of Nari Niketan rape victim on Tuesday.

Before reserving the order, a special division bench of justices Surya Kant and Augustine Masih heard the arguments forwarded by UT counsel Anupam Gupta and amicus curiae RS Cheema.

Gupta, in his two-hour long concluding submission, said that treating the (mentally-challenged) victim’s opinion as consent for childbirth would just be a travesty, as she did not understand the concept of pregnancy or sexual union. Cheema had stated in his earlier submissions that the victim desired giving birth.

Gupta also said the plea of the amicus curiae that the mentally challenged victim had parenting skills as good as normal was an absolute myth, belied by scientific research.

He presented a Norwegian research paper and asserted that it had been established that serious complications could occur with children, when one of the parents was mentally challenged.

He also said that the victim’s ignorance on vital issues could be understood through the fact that she never said she was raped. Tanu Bedi, who is assisting Cheema in the case, said whatever be the conclusions of scientific research, the victim could not be denied her natural right to motherhood.

As per the Medical Termination of Pregnancy Act, 1971, an abortion can only be allowed till the 20th week of pregnancy. The rape victim?s pregnancy is already in its 19th week. Verdict in the case is likely to come by Monday.




HC puts the ball back in govt’s court
http://bangalorebuzz.blogspot.com/2009/07/hc-puts-ball-back-in-govts-court.html
TUESDAY, JULY 14, 2009
HC puts the ball back in govt’s court
Racing Groups Seek Dialogue With CM Over Shifting
TIMES NEWS NETWORK

Bangalore: The high court ruling that the government is at liberty to take appropriate action on the 95.32 acres of land in Chikkajala in accordance with the law, put the government on the high road.
It may be recalled that following identification of the land, which the government proposed to give to the Bangalore Turf Club (BTC) in its effort to shift BTC out of its
present location, the land needed court clearence since it was a tank bed area and was in the transport zone. The state law clearly states that no land in the transport zone can be allotted for any commercial activity.
Now that the court has put the ball back in the government court, directing that it is at liberty to take action in accordance with the law, the government, it is learnt, will need to do re-zoning of the marked area before it allots the land to BTC.
The land at Chikkajala measures 152.02 acres and 56.10 acres of this contains the water body. The government, in its interim application, had made it clear that necessary steps would be taken to protect the water body.
The state had sought a modification of the court’s interim order of August 22, 1995, which directs the authorities not to make any grant of land in tank bed areas, following a PIL filed by Padmashree Zaffer Fatehully. He had sought a direction against the illegal grant of any tank bed lands within the Bangalore Metropolitan Area, in a bid to preserve them, based on recommendations of the N Lakshmana Rau Committee report.
Now that the government is in a position to allot the land to BTC, the racing club is pleased with the progress.
“We will be pleased if it is allotted to us after lifting the restrictions. But we do need time to construct a new course and we will persuade the government to give us at least a three-year extension on the December 31, 2009 deadline,” said Harimohan, steward of the Club.
Meanwhile, it is also learnt that the Karnataka Racehorse Owners’ Association (KROA), Karnataka Trainers’ Association (KTA) and Jockeys’ Association of India (JAI) will submit a memorandum and seek dialogue with the chief minister in their effort to impress upon the CM the problems they face if forced to function out of the Mysore Race Club.
The BTC is not resisting the move to shift out but seeking a three-year extension, the time required to build a new course after allotment of land. But if the government is firm on not providing an extension, the BTC, in a last-ditch effort, will move court for a stay.
COURSE CORRECTION
The land at Chikkajala contains water body Government will need to do re-zoning of marked area BTC not resisting move to shift out but is seeking a
posted by The Bangalorean @ 7/14/2009 09:58:00 PM





HC stays land acquisition for Vanpic project
http://timesofindia.indiatimes.com/NEWS-City-Hyderabad-HC-stays-land-acquisition-for-Vanpic-project/articleshow/4778006.cms
TNN 15 July 2009, 03:55am IST
HYDERABAD: Justice N V Ramana of the A P High Court on Tuesday stayed the land acquisition process pertaining to 24 acres of land in Chinaganjam of Prakasam district.

This acquisition was being taken up for Vanpic port project as part of huge extents of land being allotted and acquired. Responding to two writ petitions which were filed challenging an order issued by the government facilitating the land acquisition for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Prjoect (VANPIC), the judge made this interim order.

G V Ramana and his wife Padma from Guntur filed these petitions telling the court that their objections to this acquisition were unilaterally rejected by the authorities on June 26, 2009.




HC shows govt contempt stick
http://timesofindia.indiatimes.com/NEWS-City-Bangalore-HC-shows-govt-contempt-stick/articleshow/4778334.cms
TNN 15 July 2009, 03:45am IST
BANGALORE: The Karnataka government will face contempt-of-court proceedings if it tries to further postpone elections to the BBMP. Taking serious note of the government’s attempts to delaying tactics under the guise of technical reasons, the Karnataka High Court on Tuesday warned the authorities it would initiate suo motu contempt proceedings if there is any ‘deliberate, violation’ resulting in postponement of BBMP elections.

The two-month deadline given by the court expires on July 31. Elections to the body, are already 33 months behind schedule. The court was unsparing: “You have been seeking time, and we have been granting it. You are using court orders as a shield. On the last occasion, you sought time on account of parliamentary elections. But those elections got over in April. What were you doing since then? You could have issued a notification regarding delimitation of wards with clear 30 days time for filing objections. But you issued the notification with only 10 days time. Apart from this, if wards are redistributed with uneven population — with political motives or with an eye on vote banks — it is a serious lapse.’’ “Why you do this deliberately? What is the use if the revenue spent on this exercise is going waste...? If there is any deliberate... violation, then we would view it seriously and initiate suo motu contempt proceedings against officers responsible,’’ a division Bench headed by Chief Justice P D Dinakaran said.

The Bench posted all BBMP poll-related matters for hearing on July 24.

S Vasudeva, counsel for petitioner B K Venkatesh, said that some of the wards have 40,000 people; others just 19,000. This is beyond 20% prescribed deviation limit. The June 17 notification gave public 12 days to file objections as against 30 days enunciated in the KMC Act. The petitioner had prayed for quashing the June 17 ordinance by which the number of seats in the BBMP had been increased from 150 to 200.



HC dismisses CBI plea in Scarlett case
http://timesofindia.indiatimes.com/NEWS-City-Goa-HC-dismisses-CBI-plea-in-Scarlett-case/articleshow/4777916.cms
TNN 15 July 2009, 03:57am IST
PANAJI: The high court of Bombay at Goa on Tuesday dismissed an appeal filed by the Central Bureau of Investigation against a children's court order that rejected the CBI's request to issue a Letter Rogatory for further investigations into the Scarlett Keeling murder case in the UK.

A single bench of Justice N A Britto however granted the CBI three more months to complete investigations into the British teenager's murder case.

The CBI had sought a letter of request for investigation/collection of evidence under Section 166-A of the CrPC as the victim's mother, Fiona Mackeown, and British national Charles Carter were required to be examined following new evidence. Charles Carter is said to have been present at Lui's shack on the intervening night of February 17 and 18, 2008.

During Tuesday's hearing, special public prosecutor Carlos Ferreira, appearing on behalf of the CBI, said that both the witnesses have to be examined as they have no plans to return to India. He pointed out that the investigation had reached a crucial stage and that the victim's mother should be examined in the light of new evidence collected.

Objecting to the application, advocate Ryan Menezes, appearing for alleged accused Samson D'Souza, said that the police had already recorded detailed statements of both the witnesses and that the CBI was only trying to further delay the probe.

It may be recalled that on March 6 this year the children's court had dismissed the CBI's application observing that "it is not a fit case to exercise the somewhat extraordinary and discretionary powers of this court to issue the letter of request for carrying out further investigations in the UK. The exercise of these powers is not called for in the facts and circumstances of this case and in the interest of justice".



CM can't allot sites or houses: HC
http://timesofindia.indiatimes.com/NEWS-City-Bangalore-CM-cant-allot-sites-or-houses-HC/articleshow/4777779.cms
TNN 15 July 2009, 03:34am IST
BANGALORE: In a significant verdict, the high court has observed that a chief minister mustn't issue directions for allotment of sites or houses for those who approach him, are close to him or are his close political supporters.

"Any such effort will lead to misuse of power by a public authority. It is not the chief minister but the cabinet alone which is the state government, and it should deal with such discretionary exercises," Justice Rammohan Reddy observed in his order. The petition filed by Deepa Sri Tantri and others was dismissed.

The petitioners had challenged the November 18, 2008, beneficiaries list of KHB house allottees. They first moved the then CM H D Kumaraswamy for allotment of sites/houses in Bandemutt and Suryanagar colonies.

But after the HDK government collapsed, the petitioners once again approached him and he issued another letter, which was endorsed by the current CM on September 23, 2008. But the KHA authorities replied there were no vacant houses or sites.

Raj statue PIL adjourned

A division Bench has adjourned a PIL on erecting a statue of Kannada matinee idol Rajkumar near Town Hall on JC Road. The court recorded the BBMP council's statement that the spot where a pedestal has been put up is not the one that was decided upon to erect the statue. This, as per the April 15, 2006, resolution passed by the erstwhile BMP during a special condolence meeting, two days after Rajkumar's death.

"Why do you want to create unnecessary controversy? Choose some other place as intended in the resolution," the Bench observed.

Former mayor B V Putte Gowda, in his PIL, sought a direction to authorities to place the statue beside that of Kittor Rani Chennamma, as per the BBMP council's decision of April 15, 2006.

"Instead of putting the statue beside Chennamma's statue, they have erected a pedestal opposite to it on the busy JC Road. This will obscure Rani Chennamma's statue. Many intellectuals have opposed this. There is a likelihood of an agitation. Even Rajkumar would have said no to such a decision," he told the court.

The BBMP had passed a resolution in April 2006 for erecting Rajkumar's statue at a total cost of Rs 27.6 lakh.

Pleas disposed of

The high court has disposed of petitions filed by Ansar Higher Primary School and nearly hundred schools challenging the endorsement issued by authorities rejecting their request to register as English-medium schools.

The court quashed the endorsements and asked them to file fresh applications within a week, and the authorities have been asked to consider them within a four-week period.

The authorities had rejected those applications citing pendency of the special leave petition filed by the state before the apex court over the language issue.



Assets slur on Munda
http://www.telegraphindia.com/1090715/jsp/jharkhand/story_11237201.jsp
OUR BUREAU
Ranchi, July 14: Jamshedpur MP Arjun Munda is the latest entrant to the list of former ministers accused of possessing assets disproportionate to their known sources of income.
A petition filed in Jharkhand High Court accuses Munda of amassing wealth in the name of wife Meera Munda and by investing in private companies and acquiring landed property.
Petitioner Rakesh Tiwary, a resident of Ranchi’s Ashok Nagar, has filed an application to include Munda in his PIL already pending before the high court.
Tiwary, while highlighting the disproportionate assets acquired by Munda and wife, demanded a CBI inquiry into the same. The PIL is expected to be taken up for hearing tomorrow.
He added that Munda had suppressed details of his assets and wealth while filing nomination paper to contest for the 2004 and 2009 elections. Munda, while filing for his nomination in 2004 had shown property, cash and bank deposits worth Rs 3,40,595, while in 2009 his deposits were pegged at Rs 78,11,4764, 20 times more than what has been shown in 2004, Tiwary said.
Meanwhile, with both Anosh Ekka and Harinaryan Rai, former ministers in three successive governments between 2005 and 2008, still untraceable, the vigilance department has begun to take steps to declare the duo as “absconders” and move the court for attachment of their moveable and immovable properties under the Criminal Procedure Code.
The move comes after the two did a disappearing act after warrants were issued for their arrest by the vigilance court on June 27. Till date, the duo, accused of owning assets disproportionate to their known sources of incomes, has remained untraceable. Even vigilance raids at Ranchi, Simdega and Deoghar, to track down the two have proved abortive. A bail petition moved by Ekka was rejected by the vigilance court.
Sources, however, hoped that the two missing ministers would soon give themselves up. In addition, work is on to assess the net worth of the ministers.
Sources revealed that a vigilance technical evaluation wing has been deployed to assess the value of their homes at Hinoo and Harmu, Ranchi. Vigilance DIG V.K. Pandey declined to comment though he stressed that they were proceeding with due caution and according to a well laid plan.




'HC order will delay tree-cutting permissions'
http://timesofindia.indiatimes.com/NEWS-City-Pune-HC-order-will-delay-tree-cutting-permissions/articleshow/4777819.cms
Snehal Sonawane Sawant, TNN 15 July 2009, 02:26am IST
PUNE: The Bombay high court order putting restrictions on the permissions given by the Pune Tree Authority (PTA) to cut trees has evoked a strong reaction from members of the PTA. The members were of the view that the intentions of the court were good, but the new procedure would only delay the process. Moreover, the members have raised doubts over the order as the PTA has statutory powers to give tree-cutting permissions, which can be taken away only after amending the law.

The HC on July 8 issued an order stating that the tree committee should first carry out a survey with the assistance of an expert body and submit its report to the court after which only those trees which were posing danger to the life and property of citizens were to be cut.

"If at all the municipal corporation wants to have a public hearing, it should first publish the report of experts recommending cutting and plantation of trees and thereafter, invite members of the public to have their say in the matter and apply to this court for necessary orders".

Speaking to TOI, PTA members said they have no objection if the HC wanted external experts to give their views, but the Maharashtra (Urban Areas) Preservation of Trees Act, 1975, according to which the PTA is governed, already states that the tree authority should have expert members.

Tasneem Balasinorwala, who is an expert member on the PTA, said that it was good if the HC has asked to form a panel of experts, but it has led to confusion as the PTA itself is supposed to have experts.

"The PTA is governed by the Tree Act, which is applicable to all municipal bodies in the state. So, how can the procedure for Pune be different from other cities since it's a body formed by law. The procedure should be uniform for all cities. Moreover, we have been demanding to make the system clean and transparent so that citizens don't feel harassed, but this order will only add to chaos as there will be more levels of communication in the procedure now. It takes us at least one hour to visit a site and we receive 100 applications every month. Will the expert body have time to conduct visits? Moreover, illegal cutting of trees may also increase due to the delay," Balasinorwala said.

Balasinorwala questioned whether the Tree Authority would remain just for the sake of signatures. "Rather, they should just disband it and form an expert body and this should be done for the entire state. I think the PMC has not put forth its case very well because we have also managed to save trees by working with the administration," Balasinorwala said.

Another member, Vinayak Tharkude, said the PTA is a statutory body. So, if it does not have a final say in granting of permissions, then the Tree Act needs to be amended. "We follow all procedures laid down by the Act and we are here to take decisions for the benefit of the city and the environment as a whole. In fact, recently, when the University of Pune sought approval for cutting nearly 400 trees, we did not allow that to happen. This shows our concern towards environment," Tharkude said.

PTA members Medha Kulkarni and Sunita More questioned the need of PTA when another panel and the HC would have a final say in giving permissions for cutting trees. "We conduct surveys and site inspections and seek reports to ensure what really the existing condition was where a tree-cutting permission has been sought. If another panel is going to do the same work again, then what is the need for us to be there," Kulkarni said.

The court order needs to be challenged as it would hamper the process of granting permissions, said another member Datta Dhankawde.

Similarly, builders, too, are expecting delays in seeking tree-cutting permissions. "It will only mean more bureaucratic hurdles, more paper work, increased delays, more chaos and subsequently an increase in cost of projects. And, ultimately, we will have to pass on the cost to our customers," Rohit Gera, vice-president, Confederation of Real Estate Developers Association of India, said.



Green belt constructions: Court summons LDA V-C
http://www.expressindia.com/latest-news/green-belt-constructions-court-summons-lda-vc/489505/
Express News Service
Posted: Jul 15, 2009 at 0538 hrs IST
Lucknow The Lucknow Bench of Allahabad High Court on Tuesday summoned LDA vice-chairman and managing director of UP State Bridge Corporation in a case related to constructions in Lucknow’s green belt area. Hearing a PIL filed by Gomti Nagar Jan Kalyan Samiti, the Bench comprising Justices Pradeep Kant and R R Awasthi issued instructions to both the officials to appear on July 16, the next date of hearing. The PIL accuses the government of laying kharanja road and constructing railway overbridge in Gomti Nagar’s Ujjriaon area. “The said constructions are in violation of High Court order which bars construction activities in the green belt,” said B K Singh, Counsel for the petitioner.
Three held, cops claim they have cracked June 22 theft
With the arrest of three persons, the Lucknow police claimed to have solved a theft case which took place on June 22 in the Bazaar Khala area. Following a tip-off, the police arrested the miscreants from the Kareemganj crossing in Saahadatganj. Three firearms and Rs 1.05 lakh in cash were recovered from their possession. The accused have been identified as Anuj Shukla, Chand and Prashant Awasthi, all residents of Lucknow.




EVMs row: PIL in SC seeks to quash Lok Sabha poll results
http://www.indianexpress.com/news/EVMs-row--PIL-in-SC-seeks-to-quash-Lok-Sabha-poll-results/489211
Posted: Tuesday , Jul 14, 2009 at 2028 hrs New Delhi:
Alleging that electronic voting machines (EVMs) were tampered with, a senior Member of Parliament from Shiv Sena on Tuesday moved the Supreme Court for setting aside the just concluded 15th Lok Sabha elections. In a PIL filed through counsel Nawal K Jha, the five-time Shiv Sena MP Mohan Rawle, who himself lost the polls to Congress candidate Milind Deora from Mumbai south, claimed that the election process in the entire country was vitiated and pleaded that the ballot box system be restored. "It is also prayed that the 15th General Elections of Lok Sabha, specifically the election of south Mumbai Parliamentary constituency, may be set aside as the same have been held through defective, incredible, untrustworthy and unreliable electronic voting machines," the petition stated.
In support of his plea, Rawle cited statements from various political parties like BJP, CPM, TDP, Samajwadi Party, RJD and LJP who expressed their view for reviving the ballot box systems as the EVMs were vulnerable to "tampering." Quoting extensively various research papers and media reports from across the world, the former MP submitted that even in advanced countries like the US, authorites there have discarded EVMs as they were vulnerable for tampering and reverted to the traditional ballot box system.




Charges filed against Varun for anti-Muslim speeches
http://blog.taragana.com/n/charges-filed-against-varun-for-anti-muslim-speeches-110064/
Ians
July 15th, 2009
LUCKNOW - The Uttar Pradesh police Wednesday filed charges against Bharatiya Janata Party (BJP) MP Varun Gandhi for the alleged hate speeches he made in Pilibhit during the Lok Sabha poll campaign.
Gandhi has been asked to appear before Pilibhit’s chief judicial magistrate Aug 17.
Three criminal cases are registered against Gandhi for making anti-Muslim remarks during the election campaign in Pilibhit in March.
“A charge sheet of nearly 175 pages was prepared after taking statements of nearly three dozen eyewitnesses,” additional superintendent of police M.L. Verma told IANS.
“It (the charge sheet) was submitted in the court of Pilibhit’s chief judicial magistrate,” Verma said.
The first criminal case was registered March 17 after he allegedly made anti-Muslim speech at a public rally in Barkhera village of Pilibhit district March 8.
The second case was registered over the same incident after the Election Commission took serious note of the speech and even suggested to the BJP to reconsider Gandhi’s candidature.
Another speech by Gandhi at Desh Nagar town March 7, which was reported later, prompted police to file a third case against the BJP leader March 19.
A total of six FIRs have been filed against Gandhi, including one under section 307 (attempt to murder) for the violence outside the Pilibhit jail during his surrender.
The Uttar Pradesh government had even slapped the stringent National Security Act (NSA) against Gandhi. But it was later revoked.



Madras HC halts Daiichi's open offer for Zenotech
http://www.business-standard.com/india/news/madras-hc-halts-daiichi/s-open-offer-for-zenotech/67746/on

Press Trust of India / Mumbai July 15, 2009, 12:26 IST

Zenotech Laboratories today said the Madras High Court has ordered Japanese drug firm Daiichi Sankyo not to go ahead with the planned open offer for an additional 20 per cent stake in the pharma firm.
"By its order, the Hon'ble Madras High Court (Madurai Bench) has granted an interim injunction in connection with the offer (for an additional 20 per cent)," following complaints received from its minority stakeholders, Zenotech said in a filing to the Bombay Stock Exchange.
Earlier in February, Daiichi Sankyo had announced it would launch an open offer for Zenotech to acquire 68.85 lakh shares or a 20 per cent stake.
Daiichi had said it would pay up to Rs 78.23 crore, at Rs 113.62 a share, to Zenotech shareholders for the stake in the open offer, which was scheduled to begin on July 15 and close on August 3.
However, the offer ran into controversy as the pharma firm complained to SEBI against Daiichi for allegedly not honouring a commitment to make the offer at Rs 160 per share.
"In view of the receipt of the order before July 15, 2009, the shareholders of the Target Company (Zenotech) are requested to note that the Offer will not open as on July 15, 2009," the filing added.
The shareholders are hereby advised not to tender any shares held by them and no shares will be accepted until an announcement is made in respect of the revised schedule of activities for the offer, the filing added.
Ranbaxy picked up a 38 per cent stake in Zenotech, an affiliate of Ranbaxy, taking its shareholding in the Hyderabad-based firm to 45 per cent.
Post the share purchase agreement between Daiichi and Ranbaxy in June 2008, it was mandatory for the Japanese firm to make an open offer to Zenotech.
Shares of Zenotech were trading at Rs 107.10, up 1.61 per cent on the BSE today.




HC stays investigation against financier
http://timesofindia.indiatimes.com/NEWS-City-Ahmedabad-HC-stays-investigation-against-financier/articleshow/4773992.cms
TNN 15 July 2009, 12:54am IST
AHMEDABAD : Gujarat high court on Monday ordered a stay on the investigation against money lender Ramesh Desai, who is accused of abetting the suicide of Avnish Patel last month. Patel had killed his mother, wife and a son before committing suicide in his house in Pritamnagar. He left behind a note naming his persecutors, including Desai.
The city police booked Desai, accusing him of pressurizing Patel. He has been booked under Section 306, 107 and 114 of the Indian Penal Code (IPC). Desai has remained at large evading police, and approached HC to get the police complaint against him quashed.

During the hearing, Desai's counsel Krishnakant Vakharia argued that there is prima facie no case against the accused and the investigating agency had booked him only to harass him. Justice H N Devani sought explanation from state government asking for a reply by August 4. Till then, she has stayed police investigation into the case.



HC directive on encroachments at Ambwara village
http://timesofindia.indiatimes.com/NEWS-City-Patna-HC-directive-on-encroachments-at-Ambwara-village/articleshow/4777439.cms
TNN 15 July 2009, 05:29am IST
PATNA: The Patna High Court on Tuesday directed the district magistrate and deputy collector of land reforms, Muzaffarpur, and circle officers of Saraiya and Sahebganj circles to look into the grievances made in a PIL regarding encroachments at the birth place of Amrapali, the classical dancer of ancient Licchvi republic, in accordance with law.

A division bench, comprising Acting Chief Justice Shivakirti Singh and Justice Anjana Prakash, added that in case there is encroachment in the alleged areas, the encroachment should be removed within six months.

In his PIL, Upendra Kumar Chaudhary submitted that there is encroachment at Ambwara village in Saraiya circle, the birth place of Amrapali, which should be removed and an international Buddhist tourist centre be developed there. He also sought removal of encroachments from a highway, which should be developed as a Buddha Road in Sahebganj circle.

Boundary wall: The same bench directed the railways and state government to construct boundary wall around Bhagalpur Junction premises from where encroachments had recently been removed. The order was passed on a PIL.



No need for everyone to deposit arms before polls: HC
http://www.indianexpress.com/news/no-need-for-everyone-to-deposit-arms-before-polls-hc/489468/0
The Bombay High Court has made it clear that authorities cannot issue a blanket order asking every citizen to deposit his/her licensed weapon with the police prior to the elections. The order, asking a person to deposit arms, can be issued by the licensing authority (police in most cases) only after examining the case individually by a screening committee, court has said in its order.
The petitions filed by Govind Tilve had taken exception to Sindhudurg district magistrate’s general order asking all licence-holders to deposit their arms in April this year, before the Lok Sabha elections.
Division bench of Justice Ranjana Desai and Justice Rajesh Ketkar however held that such an order is not proper. “A law-abiding citizen to whom licence is issued for his safety may take an order to surrender as an affront to his dignity and status,” the judges said in their judgment.
The election commission, in 1996, had issued a circular to government authorities, asking them to collect arms prior to election. But as the High Court noted, this order required district magistrates/police officers to first check every weapon holder’s antecedents. The notice to surrender arms till the elections get over was to be issued only if found necessary in an individual case.
The High Court noted that in an earlier case, government had been asked to form a screening committee for this purpose.
The court has now framed guidelines, which say that a screening committee “should be in place” prior to every election. In districts, the District magistrate and superintendent of police would be its members.
In cities, police commissioner and joint police commissioners would be its members.
The committee will shortlist the licence-holders who have criminal antecedents, or who have been convicted, or who are out on bail. The screening committee will examine such persons before filing of nominations for the elections begins. Once police receive report of such screenings, they have to issue notice to the concerned person, asking him to deposit his weapon.
The person must deposit the weapon within seven days, failing which he could be prosecuted under section 188 of IPC (disobeying public servant’s order).
The authorities must take good care of the weapons deposited and should return it to the owner within one week of declaration of results.




Try tainted armymen in criminal court: HC
http://timesofindia.indiatimes.com/NEWS-India-Try-tainted-armymen-in-criminal-court-HC/articleshow/4780393.cms
PTI 15 July 2009, 06:00pm IST
MADURAI: The Madras High Court Bench has held that the armed forces personnel accused of committing murder, rape and other such crimes could be tried in a criminal court and not necessarily through court martial.

The court's observation came while dismissing a revision petition filed by a Lance Havildar accused of killing his wife while on leave, challenging the order of a Magistrate who refused to transfer the case to an Army court.

Justice A Selvam in his order said both the criminal court as well as the Army courts enjoyed concurrent jurisdiction to try criminal offences.

The petitioner was accused of killing his wife on Aug 25 last year during his visit to Usilampatti near here on leave.

The judge said that as per Section 70 of the Army Act, a person accused of murder, culpable homicide or rape should not be tried through court martial unless the offence had been committed while he was in active service or at any place outside the country or at a frontier post.

The petitioner had claimed that he should be tried only through a court martial because casual leave comes within the purview of "active service" as held by the Supreme Court in 1995.

Justice Selvam agreed that a soldier on casual leave could be considered to be in active service. However, he said that neither Army act nor the code of criminal procedure prevented a criminal court from conducting trial against servicemen.



Shopian case: HC asks SIT to arrest 4 suspended cops
http://timesofindia.indiatimes.com/NEWS-India-Shopian-case-HC-asks-SIT-to-arrest-4-suspended-cops/articleshow/4780099.cms
PTI 15 July 2009, 03:35pm IST
SRINAGAR: Jammu and Kashmir High Court on Wednesday directed the special investigating team probing the alleged rape and murder of two women in Shopian to arrest and produce the four suspended police officers in the court and get their blood samples.

The division bench of the court comprising Chief Justice Barin Gosh and Justice Mohammad Yaqub Mir gave the direction on a PIL filed by Kashmir High Court Bar Association.

Besides directing the SIT to get the blood samples of the four officers in presence of the court registrar, it ordered that no relief including bail should be granted by any court to these four suspended police officers and all such requests be sent to the high court.

It was not immediately clear why the court had asked for the blood samples. The detailed order was yet to be made available.

The court also requested the Central government to provide facilities for narco analysis of the four police officers.

Justice Gosh also appealed to the people of Shopian to end the strike and cooperate with the investigating team.

The four police officers including the then SP Shopian Javid Iqbal Mattoo and his deputy Rohit Baskotra were suspended on June 22, a day after the one-man judicial commission that probed the case submitted an interim report to the government.




Kasab says he wants CD of terror footage
http://timesofindia.indiatimes.com/NEWS-City-Mumbai-Kasab-says-he-wants-CD-of-terror-footage/articleshow/4777887.cms
Kartikeya, TNN 15 July 2009, 02:53am IST
MUMBAI: As the 26/11 court's proceedings were drawing to a close on Tuesday, Pakistani gunman Ajmal Amir Kasab said that he wanted a CD of CCTV footage that is being used as evidence against him in the trial.

His demand made the judge wonder how he would ever see the footage since he is currently in custody at Arthur Road jail.

Copies of CCTV footage, which shows gunmen going on rampage in various parts of the city, have been given to Kasab's lawyer Abbas Kazmi. The footage has also been played in court during the proceedings when Kasab had an opportunity to see it.

Earlier in the day, special prosecutor Ujjwal Nikam examined six witnesses and the court functioned despite the heavy downpour.

kartikeya.tripathi@timesgroup.com



Court reserves Padamsinh bail plea
http://timesofindia.indiatimes.com/NEWS-City-Mumbai-Court-reserves-Padamsinh-bail-plea/articleshow/4777872.cms
TNN 15 July 2009, 02:58am IST
Additional sessions judge of Alibaug sessions court, Arvind Kale, has reserved the order on the bail application of NCP MP Padamsinh Patil, an accused in the Pawanraje Nimbalkar murder case.
The court will deliver the order on July 18. The defence argued that the evidence against Patil is weak while the prosecution contended that they have enough material against Patil.




Haryana babus apologise to SC, release water
http://timesofindia.indiatimes.com/NEWS-City-Delhi-Haryana-babus-apologise-to-SC-release-water/articleshow/4777312.cms
Dhananjay Mahapatra, TNN 15 July 2009, 04:47am IST
NEW DELHI: Two Haryana senior bureaucrats on Tuesday tendered an unconditional apology to the Supreme Court after being summoned to explain why they dithered in implementing its nine-year-old order directing release of 125 cusecs of water to Delhi from the Bhakra dam.

Though the water had been released as per the SC's order, the two officials -- principal irrigation secretary R N Parashar and member of the Bhakra Beas Management Board (BBMB) -- through senior advocate Vinod Bobde tendered unqualified apology to the court. The court accepted their apology and closed the matter.

SC had earlier threatened the Haryana government with contempt action for not implementing its May 10, 2000, directive to forthwith release 125 cusecs of water to the Nangloi treatment plant.

The Delhi Jal Board had moved a contempt plea saying: "Subterfuge adopted by the Haryana government unmistakably establishes that it has committed a serious fraud on the court itself thereby obstructing the course of justice and bringing judicial institution into disrepute."

It had said that right from May 18, 2000, BBMB had been releasing 125 cusecs of water meant for Delhi. "However, Haryana did not carry the same in the canal despite repeated requests and as a result Delhi's Nangloi Water Treatment Plant failed to get the requisite water," it had alleged.




HC upholds plastic bag ban
http://timesofindia.indiatimes.com/NEWS-City-Delhi-HC-upholds-plastic-bag-ban/articleshow/4777559.cms
TNN 15 July 2009, 04:48am IST
NEW DELHI: Making it clear that banning the use of plastic bags in certain locations of capital does not prohibit the manufacturer to produce plastic bags, the High Court on Tuesday dismissed the plea of plastic manufacturers challenging the Delhi government’s notification on the ban.

Upholding the government notification banning use of plastic bags in specified areas of the capital, a division bench of justice Madan B Lokur and justice A K Pathak observed: "Merely because some commercial interests of the petitioners are diluted does not mean that there is no public interest in issuing the impugned notification. We find no good reason to strike down the notification.''

The All India Plastic Manufacturers' Association had approached the HC, seeking its direction to quash the notification on the ground that they were not consulted before issuing it and the ban would hamper their business interest.

The counsel for the petitioners had contended that the business of the petitioners had come to a standstill because of the notification and termed it an arbitrary measure, violating their fundamental right to trade and business.

Not agreeing with the petitioners contention, the HC bench noted: "We are unable to understand how this is possible. The manufacturing of plastic bags has not been prohibited by the respondents. At best, the manufacturing activity of the petitioners would have been reduced or their quantum of sales would have decreased but that is not sufficient to invalidate the impugned notification.''

The HC said all that the ban sought to achieve was a prohibition on the use, sale and storage of plastic bags in certain locations within Delhi. Again, it was not as if there was a blanket ban on the use, sale or storage of all kinds of plastic bags, it stated.

"It is clear that the limitation on the sale, use and storage of plastic bags in certain areas in Delhi has been laid down keeping in view the problem of solid waste management, particularly of plastic bags, which choke drains and enter the food chain thereby potentially causing health risks,'' the HC bench noted.

The Delhi government, on January 7, had banned the use of plastic bags in shopping malls, five star hotels, restaurants, dairies, fruits and vegetable outlets under the Environment Protection Act. The ban had followed the Delhi High Court's August 7, 2008 order based on the Justice Chopra committee report.




SHRC raids police station, 'frees' women, children
http://timesofindia.indiatimes.com/NEWS-City-Bangalore-SHRC-raids-police-station-frees-women-children/articleshow/4777771.cms
TNN 15 July 2009, 03:39am IST
BANGALORE: A team from the the State Human Rights Commission (SHRC) raided Varthur police station on Tuesday morning and freed five women and 10 children who had been picked up in connection with a dacoity case.

Following a complaint by the South India Cell for Human Rights Education and Monitoring (SICHREM), the SHRC team comprising member Parthasarathy and Justice Raddi visited the police station, where four men were supposed to have been detained for interrogation in connection with a dacoity. The team found five women and 10 children in a room on the first floor.

The police said the women and children had come to visit their relatives, the four persons they were interrogating. The SHRC team asked for the women and children to be sent home. The police had neither registered a case nor made any diary entry.

The four men, from Bihar and West Bengal, are said to be part of a nine-member gang. They work as construction labourers near Whitefield.



State gets SC reprieve
http://timesofindia.indiatimes.com/NEWS-City-Bangalore-State-gets-SC-reprieve/articleshow/4777775.cms
TNN 15 July 2009, 03:37am IST
BANGALORE: The state government, which was facing contempt proceedings on the medium of instruction issue in primary schools, heaved a sigh of relief on Tuesday when it got temporary relief after the Supreme Court stayed further proceedings on contempt proceedings.

The Bench, headed by the Chief Justice of India Justice K G Balakrishnan stayed the nine contempt petitions pending before the Karnataka High Court.

The high court had refused to consider the state government's plea challenging the July 2, 2008 verdict of the full Bench. The government had sought time till July 21, when the Special Leave Petition was expected to come up for hearing before the apex court.

The principal secretary, primary and secondary education, R G Nadadur, said the SLP was filed against the full Bench verdict of July 2008, which will come for hearing on July 21. The second SLP, filed against the order of July 3, 2009, in the contempt petition. This was mentioned in the Supreme Court and a stay was granted till July 24. "We'll have to see what will be the verdict for the first as well as second SLP," he added.

TIMELINE

July 2, 2008: The full Bench of the Karnataka High Court headed by Chief Justice Cyriac Joseph and comprising Justice Manjula Chellur and Justice N Kumar termed the Karnataka government's 1994 order making Kannada the compulsory medium of instruction in primary schools as unconstitutional and ruled that parents had the freedom to choose the language for their wards. "If parents want their children to have primary education in English, they are not committing any crime. It's not illegal or opposed to public policy. The choice of medium of instruction is left to parents and children,'' the order said.

July 3, 2009: The high court came down heavily on the state government for not complying with the full Bench order. The court also warned of contempt proceedings if it doesn't comply within the stipulated time. The Bench warned that it would initiate contempt proceedings against the officials named by the petitioners - KUSMA, Rajajinagar Education Society and others - in their contempt petitions. The government filed another SLP which was to be heard on July 14. The Supreme Court stayed the order.

July 13: On Monday, the Karnataka government got two days breathing space with the Karnataka High Court adjourning the hearing on a batch of contempt petitions. The managements had referred to the non-compliance of orders emanating from the July 2, 2008 verdict of full Bench on language policy.

toiblr.reporter@timesgroup.com




High court stays CAT order reinstating IPS officer
http://timesofindia.indiatimes.com/NEWS-City-Allahabad-High-court-stays-CAT-order-reinstating-IPS-officer/articleshow/4777393.cms
TNN 14 July 2009, 10:59pm IST
ALLAHABAD: A division bench of the Allahabad High Court, on Tuesday, stayed the order of the Central Administrative Tribunal (CAT), Allahabad reinstating a senior IPS officer of the state, Ramendra Vikram Singh. The state government had challenged the CAT order which had set aside the suspension of Singh, passed by the state government, and directed for his reinstatement in service.

The bench comprising Justices Amitava Lala and Shishir Kumar while passing the stay order asked the counsel appearing for the IPS officer to file a reply in this case. The court fixed July 23 for next hearing. The court passed the order on a writ filed by the UP government challenging the CAT order.

The state government on April 4, 2008 had suspended senior IPS officer Ramendra Vikram Singh on the grounds that he was not cooperating with the investigating officer in connection with a case registered against the former in the police recruitment scam case. Delaying investigations and disobedience were other charges levelled against Singh for suspension.

The government had served a chargesheet on Singh in June 2008. The suspension was challenged in CAT by Singh and a bench presided over by Justice AK Yog had set aside the suspension order at the initial stage, without calling for the counter-affidavit from the state.

Challenging the CAT order, it was argued by additional advocate general SG Hasnain that CAT had committed gross illegality while deciding the case and setting aside the suspension order, without calling for the counter-affidavit from the state, merely on the concession given by the counsel appearing for the state.




HC to hear Nithari case on July 21
http://timesofindia.indiatimes.com/NEWS-City-Allahabad-HC-to-hear-Nithari-case-on-July-21/articleshow/4777394.cms
TNN 14 July 2009, 10:58pm IST
ALLAHABAD: The Allahabad High Court will hear the Nithari case on July 21 next. The court is hearing an appeal filed by the two accused, Maninder Singh Pandher and Surendra Koli, who have been awarded capital punishment by the special judge (anti-corruption) Ghaziabad.

The appeals against conviction had been filed by both the accused seeking their acquittal in the sensational Nithari case. This order was passed by Justices Imtiyaz Murtaza and K N Pandey.



Life sentence to three for committing murder
http://timesofindia.indiatimes.com/NEWS-City-Kanpur-Life-sentence-to-three-for-committing-murder/articleshow/4777842.cms
TNN 15 July 2009, 05:51am IST
KANPUR: Additional district and sessions judge, Kanpur Dehat, Badam Singh convicted three persons on Tuesday for committing a murder and sentenced them for life imprisonment and fined Rs 5,000 on each.

The sentenced persons were identified as Ganga Ram, Nanhu and Suraj Nai, all residents of Makarandpur village under Shivali police circle. Land dispute was stated to be the reason behind the murder.

One of the accused Nanhu is the brother of Charan Singh, who was murdered. On September 27, 2006, Nanhu took Charan Singh at Suraj Nai's house on the pretext of a party. There they consumed liquor. When Charan Singh lost his senses, Ganga Ram strangulated him while Nanhu hit several blows with the help of a sharp-edged weapon. Charan Singh died on the spot.

In another judgment, additional district and sessions judge Ghanshyam Pathak convicted one Brij Lal, a resident of Khyora in Nawabganj, for an attempt to commit murder and sentenced him for seven years rigorous imprisonment and a fine of Rs 14,000.

Thrashed: A lawyer thrashed a accused named as Manoj in the court of chief metropolitan magistrate in the afternoon when he was standing in the box and waiting for the presiding officer. The lawyer hurled a shoe to hit Manoj, who responded in same way. The annoyed lawyer slapped Manoj's sister who was there as pairokar.

The cops took the undertrial in their custody and sent him to the lock-up. The incident took place when police produced Manoj in the court. Manoj was facing charges of theft.



Lawyers on strike put in the dock by Judge
http://timesofindia.indiatimes.com/NEWS-City-Kanpur-Lawyers-on-strike-put-in-the-dock-by-Judge-/articleshow/4777841.cms
TNN 15 July 2009, 05:50am IST
KANPUR: Lawyers had to face an awkward situation on Tuesday in SC/ST court when the presiding Judge caught them on the wrong foot. The presiding Judge, S K Pandey asked the advocates present in his court that if they were willing to argue their bail application then they had to appear in routine legal proceedings in his court otherwise he would not hear the bails as there was a call of strike by advocates.

The lawyers association had given a call of strike to lodge the protest against the cane-charge on advocates in Gonda recently. Kanpur Bar Association had supported the call. Generally, advocates appear in hearing of bail applications which are heard in the morning and thereafter, they stop work saying that they are on strike. Hearing of session bails were fixed today in the court of SC/ST Act therefore, the advocates had assembled on the spot.

The presiding Judge's condition put them in a fix. Later, they submitted that Wednesday be fixed as the next date for hearing of their bail applications.



5-yr course in PU's law college soon
http://timesofindia.indiatimes.com/NEWS-City-Patna-5-yr-course-in-PUs-law-college-soon/articleshow/4776945.cms
B K Mishra, TNN 15 July 2009, 05:18am IST
PATNA: Patna University (PU) has decided to introduce a five-year integrated law course soon. Patna Law College, which celebrated its centenary recently, will conduct the course.

PU, at its academic council meeting held on Tuesday under the chairmanship of VC Shyam Lal, also decided to constitute a new `courses committee' for screening the proposals for new courses. The demand for new courses would be placed before the academic council only after their clearance from the courses committee.

The academic council approved the new guidelines for paid research scholars of the university which stipulate daily attendance and a minimum of five hours' stay in their respective departments. It further decided to introduce MA course in women's studies. Presently the history department conducts a PG diploma course in women's studies.

A resolution moved by Rajiv Ranjan Prasad for providing for a scheme of result improvement in post-graduation Part I examination was also accepted in principle by the academic council. Presently, this facility is available only for Part II students. B N College was allowed to introduce six-month certificate course in functional English. The academic council also gave its nod to the government proposal for training school teachers in functional English at B N College.




2 sentenced to 4 years RI
http://timesofindia.indiatimes.com/NEWS-City-Pune-2-sentenced-to-4-years-RI/articleshow/4777814.cms
TNN 15 July 2009, 01:38am IST
PUNE: Additional sessions judge P R Bora on Tuesday sentenced two men to four years' rigorous imprisonment for causing the death of Bhika Mukane of Khed.

The men are Gautam Ganpat Mukane and Jaitu Chindu alias Dunda Borkar, both residents of Parsul village in Khed.

The duo were further sentenced to six months' rigorous imprisonment for causing grievous hurt to Bhika.

A third suspect, Dunda alias Chindu Eknath, was acquitted for lack of evidence.

According to the prosecution, Mukane and Bokar had severely beaten up Bhika for eating an eaglet bird caught by them at Bothawadi river on November 19, 2007.

The accused dragged Bhika upto a distance of 20 feet from his house after he refused to compensate them. Bhika succumbed to his injuries.

The Khed police had arrested the trio on charges of murder on a complaint registered by Bhika's wife Laxmi.

The trio were arrested on March 10, 2008.

Additional public prosecutor D Y Jadhav examined seven witnesses in order to prove the guilt of the accused. However, at the time of judgement, Borkar claimed the benefit of the Juvenile Justice Act as he was a minor at the time of incident.

The Sassoon general hospital conducted an ossification test on Borkar to determine his age and submitted a report to the court saying that his age was between 25 and 40 years.

The court found the accused guilty of committing an offence of culpable homicide not amounting to murder under section 304 part II of the Indian Penal Code.



Sagar Sahani murder case: Court rejects Modha's bail plea
http://timesofindia.indiatimes.com/NEWS-City-Pune-Sagar-Sahani-murder-case-Court-rejects-Modhas-bail-plea/articleshow/4777816.cms
TNN 15 July 2009, 02:17am IST
PUNE: Special judge S S Ghadge on Tuesday rejected the bail application of Jitendra Modha of Pimpri in the sensational murder case of Sagar Satinder Sahani.

The Crime Branch, Pune, had arrested Modha for kidnapping Sagar, son of a businessman in Pimpri.

On August 14, 2005, Sagar visited Hotel Prachi near his father's car accessories shop at Nashik Phata, for getting some food packed. After he left the hotel, Modha, who owns the hotel, signalled his brother to kidnap Sagar. Nitin and three others then intercepted Sagar's car (a Santro) and kidnapped him on the night of August 14, 2005.

Sagar was murdered on August 24, a day after the family paid the Rs 15 lakh as ransom money in Mumbai, through hawala channels after negotiating with Dubai-based gangster Aabid Ali.

On receiving the money, Modha and others left for Nashik on August 24 morning. As per the original plan, Sagar was to be released, but Nitin decided to kill Sagar fearing he would identify him. The gang Sagar's mutilated body near Nana Punda village on the outskirts of Vapi.

The gang then returned to Vadodara, where Nitin received the ransom money and paid Rs 50,000 to each of the gang members, who dispersed to different parts of Gujarat and Maharashtra. Sagar's body was found by the police on August 26.

When the bail application came up for hearing, special public prosecutor Vikas Shah had placed his reliance on the statements given by seven witnesses who had described how Modha and others had kidnapped Sagar. Shah argued that there was direct evidence against Modha and prayed to reject his bail application as he was involved in a serious crime.



HC paves way for a greener Pune
http://timesofindia.indiatimes.com/NEWS-City-Pune-HC-paves-way-for-a-greener-Pune/articleshow/4777817.cms
Snehal Sonawane Sawant, TNN 15 July 2009, 02:17am IST
PUNE: In a ruling which will have far-reaching impact on protecting Pune's green cover, the Bombay High Court has recently imposed a series of restrictions to prevent indiscriminate chopping of trees in the city. The court has also directed the Pune Tree Authority (PTA) to seek its clearance to the report on the tree cutting permissions' issued by the PTA and an expert body.

"We are required to pass these directions in the interest of maintaining the ecological balance and taking into consideration the impact it will have on the environment within and beyond Pune urban agglomeration if trees are allowed to be felled indiscriminately," a two-member bench comprising justice J N Patel and justice Mridula Bhatkar observed on July 8.

On July 9, the TOI had published an exclusive report on the HC's order which makes it mandatory for the PTA to seek the recommendation of an expert body' before clearing applications for cutting trees. The HC order added that, after seeking recommendation of the experts, a public hearing must be invited and the court must be applied to for necessary orders.

The HC order says: "This court had already passed a blanket order injuncting the municipal commissioner, Pune Municipal Corporation, from felling any tree except with the permission of this court. In the said order we have made it clear that the tree authority should first carry out a survey with the assistance of an expert body and submit its report to this court and then only those trees (which are dangerous for the life and property and causing obstruction to the traffic, sewage, service line drains) are to be cut. We make it clear that the PMC would not give permission to any private builder/charitable trust/institution or body of persons/individuals for cutting trees on the recommendation of tree authority if the trees otherwise do not fall in any category under the tree act and as specified by us."

The court further states that it expects the municipal corporation to abide by its orders passed from time to time if it decides to fell trees. "If at all they want to have a public hearing in the matter, they should first publish the report of the experts recommending cutting and plantation of trees and thereafter invite the public to have their say in the matter and apply to this court for necessary orders".

On May 6, the high court had passed an interim order restraining the PMC from cutting trees without its permission. The order had come during the hearing of a public interest litigation filed by Pune-based environmentalist Deepak Balkrishna Vahikar regarding felling of 1,522 trees by the civic body. The court then said: "It is the primary duty of the municipal corporation to protect the environmental and ecological balance by planting more trees rather than cutting them, which has adversely affected the climate of the city of Pune."

Following the order, the PMC had filed an civil application (CA) before the HC requesting it to allow cutting of dangerous trees in view of the monsoon. In response to the CA, the court said in its July 8 order that the PMC must abide by the orders passed by it from time to time to maintain the ecological balance of Pune.



Court approves narco test on Chandni killers
http://timesofindia.indiatimes.com/NEWS-City-Rajkot-Court-approves-narco-test-on-Chandni-killers/articleshow/4777594.cms
14 July 2009, 10:49pm IST
JUNAGADH: Senior civil judge and third judicial magistrate (class I) R G Vekariya granted permission for narco test on Mohan Hamir Gohil and Mahesh alias Bhado Chauhan accused in the sensational Datar Hill rape-cum-murder case of 2007.

Mohan and Mahesh were caught from Borivali in Mumbai on May 30, two years after they raped and murdered Chandni Vadia and also raped her friend at the foothills of Datar Hills in 2007. They are presently lodged in Porbandar jail. The duo will be taken for narco analysis test as soon as doctors at Gandhinagar Forensic Science Laboratory (FSL) allot dates for their examination, official sources said.

Police inspector B G Limbasiya, who is investigating the case said, "The duo has confessed to the crimes. However, we still have to take possession of the murder weapon. We also need clothes that they had worn on the day of the incident for possible blood stains. Police need to know where the duo was during the two-year period from the day of the crime on May 13, 2007 and May 30, 2009, till they were caught. We need answers to questions like, "who sheltered them", "who aided them financially" and "which other crimes they committed when they were on-the-run."

"These were the grounds on which the permission for narco analysis test was sought," he added.

Incidentally, according to a source in the court, Judge Vekariya is the same judge who had for the first time in the history of Indian judiciary given permission for narco test of a woman gangster Santokben Jadeja alias Godmother. There were reports that Santokben had allegedly sheltered the duo in the initial period of their run.

Source: Sandesh



CVC complaint against ex-CJI
http://www.merinews.com/article/cvc-complaint-against-ex-cji/15775919.shtml
There seems to be a contradiction in the reply of the Union law minister to the Central Vigilance Commission's complaint against a former Chief Justice of India..
CJ: SUBHASH CHANDRA AGRAWAL ,
Tue, Jul 14, 2009 10:29:10 IST
HERE SEEMS to be a contradiction in the reply of the Union law minister to the Central Vigilance Commission's complaint against a former Chief Justice of India. On the one hand, he stated that there is no mechanism in the Constitution for taking action against a retired judge of the Supreme Court. On the other hand, it stated that the complaint against the retired Chief Justice of India was being looked into by concerned agencies. In response to an RTI petition, the department of justice has stated that judges do not enjoy immunity after retirement.
Interestingly, the department of justice has not been able to respond to a nine-month-old RTI petition seeking information on the pensions of retired judges during the enquiry being conducted into cases of corruption and misconduct of government employees. After all, judges are also human beings, and are picked from the same society which has both honest and dishonest persons.

The department of justice could not reveal whether any action had been taken on my submissions addressed to the then President of India on comments made about a case involving my family in the retirement-eve press conference addressed by the outgoing Chief Justice of India. The citizens of India should no longer be made to put up with the misconduct and corruption of those seated in the higher judiciary.




Right to intimidate?
http://indialawyers.wordpress.com/2009/07/14/right-to-intimidate/
Posted by lawreports on July 14, 2009
By Ashok Kapur in The Statesman ,New Delhi
Parliament some time ago enacted the Right To Information (RTI) Act, 2005. The express objective is to ensure greater transparency in the functioning of the government and to make it “accountable to the governed”. The Act empowers the citizen to obtain information from public authorities under the control of the executive so that he can be better equipped to assess their functioning and safeguard his interests. This was eminently desirable. Those who scripted the world’s first written Constitution – that of the USA ~ had stipulated that a well-informed citizenry is the foundation of democracy.
There can be no quarrel with such a piece of legislation. The Supreme Court had laid its foundation in 1995 when it observed that there can be no meaningful democracy until all citizens have a right to participate in the affairs of the polity. And they can do so once they are well informed about all sides of the various issues in the public domain. The court had declared the right to information as a fundamental right, as if to set its seal on the issue in advance.
The statute, as framed and enacted by Parliament, suffers from a serious drawback. Under the guise of making the government accountable to the citizens at large, Parliament has overreached itself by extending the Act to cover the judiciary as well, including the Supreme Court. This will seriously undermine the functioning of the independent judiciary, which, ironically enough, is the last resort of a citizen whose rights may be threatened by the executive. Indeed, the Right To Information Act has the potential of intimidating the venerated judiciary.
Trinity of democracy
Modern Constitutions are framed on the fundamental premise that the state is run by three co-equal wings ~ the legislature, the executive and the judiciary. In the actual working of the state, the three wings ~ the holy trinity of democracy ~ are independent of one another. Such a scheme was implicit in our Constitution. In 1973, it was made explicit by the Supreme Court in the celebrated case of Keshvananda Bharati. The separation of powers was declared to be a ‘basic feature’ of the Constitution. Hence immutable, even beyond the reach of the seemingly ‘omnipotent’ Parliament.
The Act is enforced through a Central Information Commission covering the Union government and its counterparts in the states. The commissions are constituted by the executive both at the Centre and in the states. These comprise the members of the executive as well as private citizens who may or may not have any knowledge or experience of the actual working of the state under the Constitution and the delicate balance between its various organs. One of the main qualifications prescribed for the members of these Commissions is “eminence in public life… and experience in social service.”
The main qualification prescribed is conveniently, if not dubiously, vague. “Eminence” cannot be defined in law. Similar is the case with “social service.” Crucial legislation impinging on the hallowed institution of the judiciary ought not to have been drafted in such a cavalier fashion. Such omnibus and ambiguous expressions have the potential of endless mischief in the hands of a venal executive. Theoretically, all and sundry can be appointed to these commissions, which could, in effect, slip in the notorious ‘spoils system’ through the backdoor.
The commissions, both Central and state, have been empowered to direct disclosure of information by designated officers of various authorities. In case the information is found to be, in the opinion of the Information Commissioners, either “incorrect, incomplete or misleading”, they can impose a daily penalty on the designated officers. As the Act covers the judiciary, its designated members will be subject to the disciplinary control of a body set up by the executive.
Taking advantage of the ambiguous provisions like “eminence and… social service”, the executive has appointed some retired police officers as Information Commissioners. This is fraught with latent mischief. A police officer throughout his service career is answerable to the judiciary. The Indian police is not exactly a model of rectitude and probity. Hardly a day passes when the national media do not report judicial censure of widespread abuse of authority by the police.
Commissions are “binding”, the scales are somewhat tilted against the judiciary even to begin with. Admittedly, the Commissions will be independent in their functioning. Also, the maximum penalty they can impose is a fine. In case the fine is not paid on time, the Commissions cannot punish the delinquent designated officers but only recommend disciplinary action against them. But the fact remains that Commissions will be constituted by the executive from amongst its members and will have jurisdiction over the designated officers of the judiciary. This will compromise the independence of the judiciary. Somewhat disturbingly, there is no provision for appeal against the Commissions’ orders.
A poisonous weed
THE argument is sometimes advanced that the Act will bring about transparency in the functioning of the judiciary. In principle, there can be no quarrel with this concept. But this is not the proper constitutional way of going about it. The express objective of the legislation is to enable the citizens to participate in the affairs of the government and to bring about greater transparency in its functioning. It is not the objective to enforce accountability of the judiciary through the legislation.
The seeds of conflict sown by the legislature between a body constituted by the executive and the independent judiciary have started sprouting into a poisonous weed. Taking advantage of the law, someone has already moved the Central Information Commission for declaration of assets by members of the higher judiciary. The Supreme Court has very rightly questioned the authority of the Commission to issue such orders under the Act. The matter has been referred to the High Court for a detailed examination of the issues involved. It is an embarrassing anomaly where a superior court has sought the intervention of an inferior court.
After the judgment of the Supreme Court in the Keshvananda Bharati case, Parliament is barred from enacting any law which violates the ‘basic structure’ of the Constitution. And independence of the judiciary is a basic feature. Just as well, for the judiciary is the weakest wing of the trinity that comprises the state. In the memorable words of the founding fathers of the US Constitution: “The judiciary is the weakest of the three co-equals….it can never attack with success the other two (legislature and executive)… all possible care is requisite to enable it to defend itself against the other two.”
In sum, the overall objective of the legislation to ensure greater transparency in the functioning of the government is unexceptionable. But the overreaching provision in the Right To Information Act to cover the judiciary is ultra vires the Constitution. It will seriously undermine ~ if not intimidate ~ its independence.
http://www.thestatesman.net/page.news.php?clid=3&theme=&usrsess=1&id=260819




MY LORD, YOU ARE RICH!
http://www.telegraphindia.com/1090715/jsp/opinion/story_11238096.jsp

The government wants to bring in a law to make it mandatory for judges to declare their assets. Will it help root out corruption in the judiciary, asks Avijit Chatterjee
The recent spate of judicial scandals and the growing clamour for probity in public life have prompted the Centre to frame a law to make it mandatory for judges to declare their assets.
Union law minister Veerappa Moily has said that the government will soon bring legislation to make it mandatory for judges to disclose their assets. Such a law would put the judiciary on the same footing as bureaucrats and politicians.
However, the judiciary is not too keen on the idea. Chief Justice of India (CJI) K.G. Balakrishnan recently expressed his fears that judges would be subjected to “vexatious litigations and harassment” if their assets were made public.
At present, judges voluntarily declare their assets when taking their oath and the information is kept with the respective high court or the Supreme Court. The CJI has so far refused to place these declarations in the public domain, insisting that a law be enacted first to prevent the misuse of such information.
Prashant Bhushan, senior Supreme Court lawyer and convenor, Campaign for Judicial Accountability and Reform, however, scoffs at the idea that judges will be unduly harassed if people have access to information regarding their assets. “There is no legitimate reason for such fear unless they have something to hide. It only shows that the judges don’t want to declare their assets,” he says.
Bhushan adds that since they are public servants, judges should declare their assets to the public and not to the government. “Moreover, judges should not get away with a one-time declaration. They need to file their statements annually,” he says.
In January this year the Central Information Commission directed the Supreme Court to disclose information to one S.C. Agarwal, who had filed an application under the Right to Information Act, on whether or not Supreme Court judges declare their assets to the Chief Justice as required by their Code of Conduct.
But in its petition filed before the Delhi High Court, the apex court said, “The Code of Conduct is informal and purely voluntary and there is nothing under the Constitution or any law which requires the judges to declare their assets to the CJI.”
The Code of Conduct, passed in a full court meeting in May, 1997, and chaired by then Chief Justice of India, J.S. Verma, requires judges to declare to the Chief Justice their assets, including property or any other investment in the name of their spouse and dependents, if any. This was reiterated in 1999 at a conference of the chief justices.
“However, this rule is followed more in its breach than in practice as only a handful of judges declare their assets,” says former Supreme Court judge V. Krishna Iyer.
Former Union law minister and senior Supreme Court lawyer Shanti Bhushan says it is inexplicable that the judges of the Supreme Court are unwilling to declare their assets, particularly when they had directed candidates contesting elections to publicly declare their assets. “Should people not have the right to know the antecedents of judges who decide their fate every day,” he asks.
Though India is yet to frame a law that requires judges to declare their assets, many countries in the West do have such laws. For example, in the US, under the Ethics in Government Act, 1978, judges of the US Supreme Court and all other judicial officers are required to disclose their assets and income every year.
In the UK judges declare their assets to the Lord Chancellor’s department when taking their oath. But the information is protected under the Data Protection Act. “These personal details are not revealed to the public. In fact, there would be a huge uproar if such a demand is ever made,” says barrister and senior counsel Vijay S.T. Shankardass.
The demand for the declaration of judges’ assets gathered momentum in India after a series of scams involving the judiciary erupted last year. It started with the Justice Sabharwal case where former CJI Y.K. Sabharwal was charged by the Central Vigilance Commision in January 2008 with misusing his official position to promote the business interests of his sons. Though the Supreme Court refused to order any inquiry against Justice Sabharwal, the government belatedly started a probe after receiving petitions from eminent citizens.
The Ghaziabad provident fund scam dented the image of the judiciary further. In July 2008 the Uttar Pradesh police disclosed evidence on the alleged involvement of 34 judges in the fraudulent withdrawal of Rs 23 crore from the provident fund of class III and IV employees in the Ghaziabad judiciary. Those accused included one Supreme Court judge, eight judges of the Allahabad High Court, one each from the Uttarakhand and Calcutta High Courts and 23 lower court judges. The matter was referred to the CBI after the UP police expressed its inability to investigate high court judges in various states.
Another instance of corruption in the judiciary came to light in August, 2008 when a clerk of a senior Haryana law officer allegedly delivered Rs 15 lakh at the residence of Punjab and Haryana High Court judge Nirmaljit Singh Kaur. Later, it turned out that the money was meant for another judge, Nirmal Yadav, of the same court. Justice Yadav was recently given a clean chit by the attorney general of India.
In yet another sensational development, CJI Balakrishnan recommended the removal of Justice Soumitra Sen of the Calcutta High Court after he was allegedly found to have indulged in financial misconduct prior to his elevation as a judge in December, 2003. In a lawsuit between Steel Authority of India Ltd and Shipping Corporation of India, Sen is said to have received Rs 32 lakh in his capacity as the court appointed receiver and deposited the amount in his personal account. The government has constituted a three- member panel for Justice Sen’s impeachment.
Experts point out that given the extent of corruption in the judiciary, a mandatory declaration of assets alone may not be enough. “All these cases indicate a deep-rooted malaise in the judiciary which has enabled corrupt judges to function with impunity. The need of the hour is to set up an independent National Judicial Commission empowered to examine complaints against judges and take action against them,” says former Supreme Court judge P.B. Sawant.
Krishna Iyer feels an appointment commission, rather than the present system of a collegium of sitting judges choosing new judges, would make the selection of judges transparent. The commission should verify information relating to antecedents, family background, assets and business relations of the judges before their appointment, he adds.
That said, a law to ensure that judges declare their assets would be an encouraging start to efforts to clean up the judiciary. But will the government fly in the face of judicial disapproval and force the judges to divulge information about their assets?
Time, as they say, will tell.




Who threatened HC judge? Opposition steps up pressure
http://ibnlive.in.com/news/who-threatened-hc-judge-opposition-steps-up-pressure/97091-3.html
Pallavi Ghosh / CNN-IBN
Published on Tue, Jul 14, 2009 at 15:30, Updated on Tue, Jul 14, 2009 at 17:50 in India section
New Delhi: There has been an increasing pressure from people on those claiming to know who was the minister who tried pressurising the Madras High Court Judge.
Who is the Union Minister who put pressure on a Madras High Court judge? That's the question an array of opposition parties are asking and they want the Prime Minister himself to answer. The matter has been gaining momentum even though the Chief Justice of India dismissed the matter.
Chief Justice of India KG Balakrishnan may have issued a clarification denying any pressure from any Union Minister on Justice Reghupathy of the Madras High Court but the opposition has not given up pursuing the matter.
BJP, AIADMK, CPI(M) MPs have begun a signature campaign demanding that the Prime Minister should intervene and make a statement on the issue as to whether anyone from his cabinet had threatened the judge.
A week ago, AIADMK and BJP had joined hands in Parliament alleging that Telecom minister A Raja had threatened Justice R Reghupathy to give anticipatory bail to father-son duo reportedly known to the minister.
Rajya Sabha MP of AIADMK, Dr V Mythreyan said, "Everyone in Chennai is fully aware of who is the king of this mischief. It is very sad that the king continues to hold the important portfolio."
In fact, Chief Justice of India himself seemed reluctant to find out the details of the charges.
"I am of the view that nobody should interfere with the judicial system," said the CJI.
But now the opposition in a bid to corner the Government, wants the PM to step in.
However, CNN-IBN learns that the Government has rejected this demand, saying that with the CJI's clarification in place there was no need for the PM to make a statement.
This is certain to agitate the opposition further and strengthen their resolve to embarrass the PM who always has placed a premium on clean image and politics.




Supreme Court as a Protector of Fundamental Rights::
http://expertscolumn.com/content/supreme-court-protector-fundamental-rights-and-constitution
Under Article 32 of the Constitution, the Supreme Court has the power to issue writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorary. It is important to note that the Supreme Court issues these writs for the enforcement of fundamental rights. The cases related to the violation of fundamental right may be brought before the court both under original and appellate jurisdiction. Again, the power of High Courts to issue above writs is more wide in comparison to Supreme Court as the High Court can issue such writs to enforce all rights including the fundamental rights, whereas, the Supreme Court can issue these writs only for the enforcement of fundamental rights.
The writ of habeas corpus literally means to have the body. This writ is issued by the court to free a person who has been illegally detained by any authority or private person. The detained person is produced before the court and if the grounds of detention are not legal such person is made free. The writ of Habeas corpus is the only writ which can be issued against a private person as well as a public authority.
The writ of mandamus literally means 'we command'. This writ is issued by the court against a public authority, who has not performed his public or legal duty assigned to him. By the writ of mandamus, such public authority is forced to perform his official duty.
The writ of prohibition is issued by the Supreme Court against a judicial or Quasi-judicial authority, which has violated its jurisdiction. By the writ of prohibition, the action of such authority is stopped in a matter which is beyond its jurisdiction.
The writ of certiorary has the effect of quashing the decision of a judicial or Quasi-judicial authority in a matter which is beyond the jurisdiction of such authority.
The similarity between the writs of prohibition and certiorary is that both are issued by the Supreme Court against a subordinate court or Quasi-judicial authority on the ground of violation of its jurisdiction. However, the major difference between the two is that the writ of prohibition is issued when the subordinate authority has not passed any order and matter is still pending before such authority, whereas the writ of certiorary is passed when the final order has been passed by the subordinate authority to quash such final order. In both situations, the matter is referred to the authority which has the legal jurisdiction in such case.
The writ of Quo warranto is issued by the Supreme Court against persons who holds a public office to know the legal entitlement of such person to such public office. If the person is not legally entitled to hold such a public office, he is removed from such office by the final of this writ. However, certain conditions must be satisfied before the issue of writ of mandamus. First, the office must be of public character, created by a statute or Constitution itself. Secondly, the office shall be substantive one and not merely the function or employment of a servant. Thirdly, there must be a contravention of a statute or provision of Constitution when person is appointed to or holding such office.
Supreme Court as a Protector of Constitution or Power of Judicial Review::
In India, the principle of Supremacy of the Constitution is implemented. This denotes that all public authorities, their orders or law must be in accordance with the provisions of the Constitution. Such orders and laws should not violate the provisions of the Constitution. The Supreme Court of India acts as the protector of the Constitution by exercising the power of Judicial Review.
The power of judicial review denotes such power of the court by which it can declare null and void those orders of the executive and those laws passed by the legislatures, which violate any provision of the Constitution because, the Constitution is the fundamental law of land.
It should be pointed out that the power of judicial review is not gran¬ted to the Supreme Court, explicitly by the Constitution. However, the court has derived this power from Article 13(2) through gradual enlargement under theory of implied powers. Article 13(2) provides that the state shall not make any law which takes away or abridges the rights conferred by this part (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of contravention, shall be null and void.
Thus, the Article 13(2) provides the power of judicial review with respect to the provisions related to the Fundamental Rights. However, the courts have enlarged the mandate of this article to cover the entire provisions of the Constitution under the power of judicial review by applying the theory of implied powers. This theory indicates that certain powers, are not explicit but implied in other powers.
Only the Supreme Court and the High Courts enjoy the power of judicial review in India. Again the power of judicial review cannot be exercised on its own until a case has not been brought before the court by the affected party.
The Supreme Court of the U.S. also enjoys the power of judicial review, which is wider in comparison to The Supreme Court of India. The American political system is based on the principle of judicial supremacy. It is remarked that in America Constitution is what judges say. Thus, the American Supreme Court can declare a law of legislature or an order of the executive as null and void, if it finds that such order or law is not just, even if it does not violate the provisions of the Constitution. On the other hand the Indian Supreme Court functions, on the basis of the principle of 'the procedure established by law', a phrase borrowed from the Japanese Constitution. Thus, Indian Supreme Court does not have the power to decide the 'justness' of a law or order of the government. It can declare such order or law null and void only if it explicitly violates some provisions of the Constitution.
In the UK, the political system is based on the principle of Supremacy of Parliament, which denotes that the Parliament is Supreme and it can pass any law, which cannot be questioned in any court. The courts in UK do not enjoy the power of judicial review. Thus, in India, a mid-path is adopted between the Supremacy of Parliament and the principles of judicial Supremacy by adopting the principle of Supremacy of Constitution and limited power of judicial review given to the courts.
Important Facts::
--> As amended in January 2009, the Chief Justice of India is paid a salary of Rs. 1 lakh/month, other judges are paid a monthly salary of Rs. 90,000.
--> The salary and other allowances of judges cannot be reduced to their disadvantage during their term of office; except during the enforcement of the financial emergency under Article 360.
--> The President of India administers the oath of office to the judges of Supreme Court. The format of oath is given in the third schedule of the Constitution.
--> If the post of both the President and the Vice-President falls vacant, the Chief Justice of India discharges the functions of the President till new incumbent is elected to the office of the President. M. Hidaytulla is the only Chief Justice who acted as President in 1969.
--> Ordinarily the seat of the Supreme Court shall be at Delhi. However, with the approval of the President, under Article 130, the Chief Justice of India may allow the sittings of the courts in other places.
--> According to Article 129, the Supreme Court shall be a court of Record and shall have all the powers of such courts including the power to punish for contempt of itself.
--> In the absence of the Chief Justice, the President has the power to appoint an Acting Chief Justice from among the Judges of Supreme Court (Article 126).
--> If there is a lack of quorum required to a session of the court, the Chief Justice of India, with the prior consent of the President, may appoint ad hoc judges from amongst the judges of High Courts, who have qualifications to become judge of Supreme Court.
--> Similarly, the Chief Justice of India with the prior consent of the President may request a retired judge of the Supreme Court or the High Court to sit and act as a judge of Supreme Court.
--> The interpretation of the Constitution falls within the domain of the Constitutional Bench which must consist of at least 5 judges.
--> The decisions of the Supreme Courts are taken by majority. However, minority opinion may be recorded in the judgment.




Tehsildar Assault Case
http://www.tribuneindia.com/2009/20090715/punjab.htm#1
Now, Bains allowed personal security
Against jail rules, say legal experts
Kanchan Vasdev
Tribune News Service
Ludhiana, July 14
Jail rules were given a go by for yet another day today with Jails Minister Hira Singh Gabria ordering security guards for SAD councillor and accused in the tehsildar assault case Simarjit Singh Bains on the jail premises.
Two personal security guards were provided to him inside the jail this morning even though the rules do not permit special security for anybody inside a jail.
Gabria said following the claims of Bains’ brother that there was a threat to his life, he ordered the jail authorities to provide him personal security guards. He said though Bains was sending such SOS calls to hog headlines, he did not want to take any chances.
Legal experts said rules as per the jail manual did not permit security guards for anybody inside the jail. If there was a threat to an inmate’s life, he should have been shifted to a special cell. There is a provision of segregation for such inmates, said the experts.
This was not the first time that jail rules were thrown to the winds in this case. Three days ago, Bikram Singh Majithia, former minister and brother-in-law of Sukhbir Badal was allowed to take his vehicle inside the jail premises when he came to meet Bains.
Gabria had sought a report from the jail authorities. The report said Majithia came in a vehicle with a red beacon atop and they thought some senior official was visiting them. Hence, the gates were opened as it was raining.
Interestingly, Majithia visited the jail in a vehicle without a red beacon. A Tribune team was witness to his visit. Photographs in the possession of the Tribune prove there was no red beacon atop his car at that time.
Moreover, his car remained parked on the premises for 15 minutes. However, the report states it was sent outside as soon as the former minister came out of it.
SGPC member Balwinder Singh Bains, an elder brother of Simarjit, has claimed his brother had a risk to his life on the jail premises. He said several persons, who were on parole, had told him about the lurking danger to his life.




3 get life term for murder
http://www.tribuneindia.com/2009/20090715/haryana.htm#8
Tribune News Service
Fatehabad, July 14
Additional District and Sessions Judge Jagbir Singh Dahiya today sentenced three persons, father and his two sons, to life imprisonment in a murder case.
Kanshi Ram, a resident of Dhani Dulet village was beaten with lathis, allegedly by the accused, who were his brothers, nephews and a sister-in-law, after a dispute over the turn to irrigate their agricultural land on the night of November 20, 2005. Kanshi succumbed to his injuries on the next day in community health centre, Bhuna.
Deceased’s son Zile Singh lodged an FIR against his three uncles, Ram Kumar, Dharmavir and Balbir, an aunt Krishna and two cousins Balwan and Inder, both sons of Ram Kumar for beating his father to death. He alleged that Ram Kumar, Balwan and Inder had an altercation with his father on the fields on the fateful day on the issue of irrigation water and when his father went to counsel his brother in the evening, he was allegedly dragged inside the house by Ram Kumar and his sons and then beaten up with lathis.
The police has registered a case under Sections 342, 302 and 34 against the six accused. The court found the evidence against Krishna, Dharmvir and Balbir not sufficient to convict them and hence acquitted them of the charge, while Ram Kumar and his sons Balwan Singh and Inder Singh were convicted of the murder and were sentenced to imprisonment for life.




Man gets 5-yr RI for using fake currency
http://www.tribuneindia.com/2009/20090715/haryana.htm#12
Tribune News Service
Fatehabad, July 14
Convicting a youth for allegedly keeping and using fake currency notes, a local court today sentenced him to five years of rigorous imprisonment. Kapil (20), a resident of Khairampur in Hisar, was arrested by the police on June 12, 2007, from Bhattu Kalan mandi with fake currency notes.
The police recovered 16 fake currency notes of Rs 100 denomination each from his possession. The police sent those notes to the Forensic Science Laboratory, Madhuban, where it was confirmed that the currency notes were counterfeit.
Additional District and Sessions Judge JS Dahiya, who tried the accused, found him guilty of the offence under Sections 489-B and 489-C of the IPC and sentenced him to imprisonment for five years.




Murder and acquittal
http://www.tribuneindia.com/2009/20090715/edit.htm#1
It is brazen derailing of justice
A CASE is shifted out of a state in rare cases, only when there is very little chance of justice being meted out to the accused in that particular state. That this was done in the case of the murder of H. S. Sabharwal, the Ujjain Professor who was done to death in his college in August, 2006, itself is a sad commentary on the functioning of the BJP Government in Madhya Pradesh. But even a Nagpur court has now acquitted the six students owing allegiance to the ABVP accused of killing him, citing lack of evidence.
That leads one to the unfortunate apprehension that the ends of justice just cannot be met if a state government has decided to side with the suspects. Pliable prosecution can then make the case so weak that it would not hold in any court, be it within the state or outside it. Now that the prosecution has “miserably failed” to prove the case, even a higher court may be hamstrung by a deliberately weak prosecution.
Professor Sabharwal, head of the political science department of Madhav College, Ujjain, had died after fracas in the college over student union elections when he was allegedly beaten up by the ABVP activists. His only fault was that he had cancelled elections to the students’ council on account of some irregularities. He paid with his life for the ugly politicisation of educational institutions which is the order of the day all over the country. Political parties have vitiated the atmosphere of colleges and universities for their narrow gains.
What has happened in the Sabharwal case is not much different from the Best Bakery case in Gujarat where too justice was derailed by a partisan state government. The country should seriously mull over the issue of this fascist tendency. Ways must be found to ensure that nobody can escape the hands of law, howsoever well-connected he may be.




Modi on the mat
http://www.tribuneindia.com/2009/20090715/edit.htm#1
Bring the hooch culprits to justice
MONDAY’S uproar in the Gujarat Assembly over the hooch tragedy in Ahmedabad underlines the members’ concern over the government’s failure to tackle the menace. Surprisingly, though 140 people have lost their lives so far, the highest in the state’s history, Chief Minister Narendra Modi has decided to keep mum on the issue until the inquiry commission submits its report on November 30.
His silence is a tacit admission of his failure to check the sale of illicit liquor. The situation is grave with hundreds still fighting for life in various hospitals. The root cause of the tragedy is the close nexus between the hooch mafia, the politicians and the police. As hooch kingpins, brokers and other bootleggers enjoy the political patronage of the government and the BJP leaders, the police and other officials look the other way.
The arrest of some bootleggers and suspension of police officials does not inspire much confidence. Nor does the appointment of an inquiry commission headed by a former high court judge. This is just the government’s attempt to buy time. In 1960, when Gujarat became a state, prohibition was introduced in homage to Mahatma Gandhi. However, as successive governments failed to enforce it strictly, adulterated liquor became a thriving business in the state. On their part, the hooch manufacturers regularly grease the palms of the politicians and babus of the excise, prohibition and police departments.
Over the years, while illegal liquor dens have proliferated in the state, the poor have been falling victim to the deadly brew because of official apathy. The Forensic Science Laboratory report reveals that the country-made liquor, consumed by many in Ahmedabad, had a large dose of methyl alcohol — four times the permissible dose — making it lethal. While a strong political will is needed to tackle the menace, whoever is involved in it must be exposed and punished in accordance with the law.




Court orders transfer of case of missing boy to CB-CID
http://www.hindu.com/2009/07/15/stories/2009071559830800.htm
Special Correspondent
CHENNAI: Coming down heavily on the police for the casual and callous manner in which they have dealt with a case relating to the disappearance of a 10-year-old mentally retarded boy with defective vision, the Madras High Court on Tuesday ordered the transfer of the investigation of the case from the local police to the CB-CID.
In its interim order on a habeas corpus petition filed by the boy’s mother, a Division Bench comprising Justices Elipe Dharma Rao and R. Subbiah ordered an interim compensation of Rs.50,000 to be paid by the school under whose care and custody the boy was when he was reported missing.
Manimala of Anmaruthai in Tiruvannamalai district submitted that her son, Rajesh, was admitted to the Blind School, Amala Raghini, Soosai Nagar, Chethupattu, in June last year. No admission receipt was given. A month later, the school informed the parents over phone that the boy was missing. In spite of searching in nearby villages, he could not be traced. A complaint was lodged with the Chethupattu police, but to date there was no fruitful result.
In his counter, the Police Inspector submitted that based on a complaint lodged by the school, a case was registered and steps were taken. Special teams were formed to trace the boy.
The school denied that the boy was partially visually handicapped, that he was 5 per cent mentally retarded or that he was even admitted by it. The boy was under the care of the institution till his admission which did not materialise because of want of certain documents. The mother was duly informed about the disappearance of the boy and a complaint was lodged with the police. The institution had extended full cooperation to the police in trying to trace the boy.
The Bench said there was no doubt that the boy was mentally retarded and had defective vision, whatever may be the percentage of defect. At the time of his going missing, the boy was in the care and custody of the school and hence it was answerable for the disappearance.
“We are totally dissatisfied with the manner in which the investigation is conducted in this case.” The police had said in the “very usual manner that they had formed special teams, without even naming as to how many teams they have formed and who are all heading those teams and what has been achieved by the so-called special teams till date.” The Judges said the casual manner in which the matter had been dealt with had disturbed them. No status report had ever been submitted even though the case had seen several adjournments.




Court declines to interfere with order
http://www.hindu.com/2009/07/15/stories/2009071559991100.htm
Special Correspondent
CHENNAI: The Madras High Court on Monday declined to interfere with an interim order passed by a single Judge directing the Customs authorities to issue necessary sail order to a vessel, m.v. Asean Express, carrying river sand, to leave Karaikal port to the Republic of Maldives.
When an appeal preferred by the Nagapattinam Collector came up for hearing before the First Bench comprising Chief Justice H.L. Gokhale and Justice K. Venkataraman, S. Sundara Krishnan, a partner of Krishna and Company, an authorised export house inter alia dealing in export of river sand to the Maldives, gave an undertaking that he would not procure river sand from Tamil Nadu or river sand which had been moved from Tamil Nadu for any further export.
The Bench said that in view of the undertaking in these facts and circumstances, it was leaving undisturbed the interim order.
The Bench specified that the bank guarantee, for the value of the sand (3,750 tonnes), would be Rs.16 lakh.
The guarantee would be of a nationalised bank, which would be kept alive throughout the pendency of the proceedings.
The guarantee would clearly state that in the event of the writ petition being dismissed, the State government would be entitled to encash the guarantee with interest.




Court orders on bail plea on July 21
http://www.hindu.com/2009/07/15/stories/2009071559640500.htm
Special Correspondent
In the CBI case relating to alleged manipulation of an answer sheet
CHENNAI: The Madras High Court will pass orders on July 21 on the anticipatory bail plea by a doctor and his son in the CBI case relating to alleged manipulation of an answer sheet in the MBBS examination of Pondicherry University.
Justice M. Jeyapaul fixed the date for orders after hearing B. Kumar, senior counsel, appearing for the petitioners, Krishnamurthy and his son, Kiruba Sridhar, and N. Chandrasekharan, appearing for the CBI.
The prosecution case was that the doctor, and his son, studying in a private medical college, were wanted in connection with the manipulation of the answer sheet of Kiruba Sridhar in the ophthalmology examination in the III-year MBBS course to ensure his success in the exam. Earlier, the anticipatory bail plea came up before Justice R. Regupathi. His remark in the open court created a controversy.
Later, the Judge wrote to the Registry to place the matter before the Chief Justice for posting before another Judge.
When the matter came up before Mr. Justice Jeyapaul, Mr. Kumar argued that crucial documents, including the original answer sheet and the substituted answer sheet, were in the custody of the prosecution.
The CBI had never stated that the two persons were needed for custodial interrogation. Nor it had stated that it wanted to recover some more documents from the petitioners. The petitioners had no role in the manipulation of marks, he said, and sought anticipatory bail for the two.
Opposing the plea, Mr. Chandrasekharan said investigation in the case was on. A big fraud had been played on the system and all those involved should be found out. A big racket had been going on and a larger investigation had to be conducted.
Already, the High Court had ordered that investigation into the death of V. Jayaraman, a data entry operator of the university, should be done by the Central agency. Mr. Chandrasekharan said that it is suspected that Jayaraman had also been involved in the racket.




Court orders notice of motion to EC
http://www.hindu.com/2009/07/15/stories/2009071557071800.htm
Special Correspondent
CHENNAI: The Madras High Court on Tuesday ordered notice of motion to the Election Commission (EC) on a petition seeking a direction to the EC to consider and dispose of a representation on merits to remove ‘koodai’ (basket) symbol from the list.
In her order, Justice K.Suguna said the notice was returnable in four weeks. The petitioner, Pollachi J.B.Jacob alias J.Benjamin Jacob submitted that he was a member of DMDK and contested the 2006 Assembly elections from the Udhagamandalam constituency.
The party was allotted ‘drum’ symbol. The EC had allotted ‘basket’ symbol to an independent candidate in the same constituency. As the symbols appeared similar, there was confusion among voters.
He wrote to the EC in May this year to remove the symbol from the symbols’ list wherever the DMDK contested in the Assembly or general election.
But the Commission had not considered the representation.




Supreme Court stays contempt proceedings against officials
http://www.hindu.com/2009/07/15/stories/2009071559780600.htm
Staff Reporter
State wins time to get stay on Full Bench order on language policy
Officials were on tenterhooks as HC had warned that they would have to obey Full Bench order
All-out effort by State to get stay on Full Bench order
BANGALORE: Officials of the Department of Education heaved a sigh of relief when the Supreme Court on Tuesday afternoon stayed till July 24 contempt proceedings initiated by the High Court of Karnataka against them for not complying with court orders on the language issue.
A Full Bench of the Karnataka High Court comprising the then Chief Justice Cyriac Joseph, Justice Manjula Chellur and Justice N. Kumar had on July 2, 2008, upheld the right of a child and its parent to choose the medium of instruction at the primary school. The Full Bench had said the State does not have any say in deciding on the medium of instruction at the primary school level — from the first to the fourth standard — in private unaided minority institutions.
Though more than a year had elapsed, the State Government was not able to obtain a stay against the Full Bench order in the Supreme Court. Several schools had filed a contempt petition against the Principal Secretary of Department of Primary and Secondary Education, R.G. Nadadur; the then Commissioner for Public Instruction, Kumara Nayak; Commissioner for Primary Education Mir Obeidulla; and Deputy Director of Public Instruction, Bangalore North, Chandraiah.
Warning
A Division Bench comprising Justice N. Kumar and Justice A.N. Venugopala Gowda had castigated the Government and the officials for failing to implement the Full Bench judgement and it had warned them of initiating contempt proceedings if they continued to further defy the High Court diktat.
Today, when the matter came up before the Supreme Court, the State placed the July 3, 2009, order of the High Court initiating contempt proceedings against the officials and sought a stay. The State contended that as the Supreme Court had advanced hearing on its appeal against the Full Bench judgment on July 21, the High Court should have restrained from initiating any proceedings. The stay by the Supreme Court has come as a relief to the officials who were on tenterhooks as the High Court had repeatedly made it clear that they would have to obey the Full Bench order. The State now gets time till July 24 to get a stay in the Supreme Court against the Full Bench order.
Sources in the Government told The Hindu that all efforts would be made by the State on July 21 to ensure that a stay was secured against the Full Bench judgment. In case the Supreme Court refused a stay and also decided against continuing the interim order, the State, they said, would be left with no option but to reverse its stand on the language policy and permit English-medium schools.



Three found guilty
http://www.hindu.com/2009/07/15/stories/2009071559520400.htm
Kozhikode: The Special Additional District Sessions Court (Marad cases) here on Tuesday found three persons guilty of setting fire to a house during the communal conflagration at the coastal village of Marad here on January 3 and 4, 2002. Special Court Judge K.P. Prasannakumari found Choichendakathu Soman, Choichendakathu Tampi and Choichendakathu Velayudan guilty of trespassing on to the house of Seemamudakathu Asainar and setting it on fire on January 3. The accused were also found guilty of rioting and promoting hostility between different religions. The punishment will be awarded on Wednesday.




Supreme Court fiat to police officers
http://www.hindu.com/2009/07/15/stories/2009071555930400.htm
New Delhi: The Supreme Court on Tuesday directed two Chennai police officers to approach the High Court for revocation of their suspension ordered in the wake of the February clashes between lawyers and police.
A three-judge bench headed by Chief Justice K.G. Balakrishnan passed the directions after A.K. Vishwanathan and Rama Subramanian contended that their suspension was illegal as no opportunity was given to them before the action was taken.
The bench said they could approach the High Court by filing appropriate applications with their plea. —PTI




Court restrains publishing of book
http://www.hindu.com/2009/07/15/stories/2009071556320500.htm
Staff Reporter
BHOPAL: A Jabalpur trial court has effectively banned the book, “It Was Five Past Midnight in Bhopal” with an interim order passed to this effect on Monday.
The book, written by Dominique Lapierre and Javier Moro, is a dramatised account of the Bhopal gas tragedy. The order restrains the authors, both French nationals, and the publishers, Full Circle Publication Private Limited, New Delhi from printing, publishing, selling and distributing the book across the country.
Defamation suit
The order passed by the 14th Additional District Judge, Rajeev Singh, comes in response to a defamation suit filed by former Madhya Pradesh DGP Swaraj Puri, against the authors and the publishers for carrying defamatory remarks attributed to him in it. “It Was Five Past Midnight in Bhopal”, based on events that led to the fateful night of December 2nd, 1984, was first published in 1997.