HC refuses compensation for takeover of agri land
AHMEDABAD: More than 45 years after Gandhinagar was founded as state capital, three brothers demanded compensation for acquisition of land belonging to their forefathers. The Gujarat High Court, however, has turned down their plea because they raised the issue after four decades.
Varsangji, Kishor and Chhaganji Thakor have claimed that their agriculture land was acquired during 1960s for the Gandhinagar Capital Project, and the family was not given any amount towards compensation at that time. Now, these three have claimed job, or concession rate shop or a plot at a concession rate of Rs 10 per sq m in Gandhinagar towards compensation for their family land.
In their petition before the court, they also sought a direction to grant to the petitioners half of the share out of the premium amount received by the Gujarat Government towards each of the plot holders who have received concession rate plot and sold it out in open market.
During the hearing, the petitioners' advocate told the court that the predecessors were interested in securing government job as a land loser. Besides this, while demanding compensation the petitioners cited a Government Resolution (GR) passed in 1987 that had offered a job or a shop or agricultural land against the acquisition to develop the city.
However, the petitioners admitted that the government had allotted a residential plot measuring 81 sq m in Sector 26 in Gandhinagar towards a reward. The government countered their argument about 1987 resolution by stating that it was in force for a period of one year only.
After hearing the parties, a division bench of Justices MS Shah and KM Thaker dismissed the petition observing, "The petition suffers from gross delay and acquiescence. The grievance cannot be permitted to be raised after passage of 40 years."
HC to take action against judges for influencing probe
AHMEDABAD: Two judges are in trouble now as the Gujarat High Court has asked a concerned high court judge to take administrative action against them for allegedly interfering in a police investigation.
Judicial officers, RD Patel, who was a Judicial Magistrate First Class and VR Raval - a district judge in Gandhinagar, re accused of falsely influencing a case of sexual harassment by dismissing the complaint.
Gitaba Chauhan, a widow working in education department as a clerk, filed a complaint against her officer Gunvant Raval that he misbehaved with her after office hours on January 5, 2007. When the case reached the court, magistrate Patel ordered a court inquiry under Section 202. After police filed report, Patel allegedly did not consider evidence in proper manner and dismissed the case.
The victim kept complaining before the court that nobody was present in the office on the day of incident except her and Raval. However, police recorded statements of other staff members, of whom two peons told the court on affidavit that they were present in the office. But later they changed their stand.
Chauhan then approached the high court demanding action against the officer Raval, who allegedly tried to molest her. During the hearing, her counsel Rashmin Jani made allegations that the government officer and the district judge are relatives and the judge had influenced the magistrate in deciding this case. The petitioner called for the phone records of the accused as well the judges to prove this point. Chauhan also claimed that the judges had tried their best to influence the case during the time of investigation also.
Advocate general Kamal Trivedi has been defending the state government in this case. After hearing primary arguments, Justice Akil Kureshi admitted this case with observation that the magistrate had not considered certain statements that were on the record.
After two years, when the case came up for hearing, the state government again sought adjournment so that the advocate general could argue the case. Justice KS Jhaveri kept this case for final hearing on September 18 with a condition that he would not grant any more adjournment, but meanwhile referred the case to the Unit Judge for taking up administrative actions against the judicial officers.
Orissa HC asks CBI to probe into Derivatives scam
http://www.indlawnews.com/newsdisplay.aspx?c663edcf-b48e-4268-a664-148cd4ba63a1
8/28/2009
Orissa High Court has directed the CBI to inquire into the dervatives scam that allegedly runs into Rs 25 lakh crore.
A Division Bench comprising Acting Chief Justice I M Kuddusi and Justice Sanju Panda asked the CBI to inquire into the SCAM and file a preliminary report by November 4, while adjudicating a petition filed by one Prabhanjan Parida yesterday.
The Court also directed the Reserve Bank of
The petitioner alleged that a huge amount of money had remained unaccounted due to exchange of derivative contracts entered into by different business houses a couple of years ago to hedge foreign exchage risks.
The petitioner also alleged that as the business houses had signed derivative agreement they had to do with lower rates when the dollar rate was high.
When their goods were supposed to fetch Rs 50 against a dollar they got Rs 40 and the differential amount remained unaccounted, the petitioner added.
The petitione further submitted that it smacked of a scam and could be to the tune of Rs 25 lakh crore and prayed the Court to direct the CBI to inquire into it.
UNI
Explain statement on ‘politician-terrorist nexus’: HC tells Rane
By Hetal Vyas
Posted On Sunday, August 30, 2009 at 02:00:06 AM
| State Minister for Industries and senior Congress leader Narayan Rane is in trouble again, this time for his post 26/11 statement that “political leaders of this country ( The PIL came up for hearing on Saturday, where the judges orally observed that Rane must file a reply and justify his statement.
|
HC asks Rlys to explain non-allocation of funds
JAIPUR: A Division Bench of Rajasthan High Court has called for an explanation from the secretary, ministry of railways, and general manager, north-western railway, for not allotting the promised budget for the conversion of meter gauge to broad gauge railway lines on three routes of the Shekhawati region in the state.
The court took a serious view of the fact that the railway minister did make a budgetary promise for the conversion work but failed to provide the funds since year 2007-08. The Bench, comprising Chief Justice Jagdish Bhalla and Justice Munishvar Nath Bhandari, issued a show-cause notice to the railway officials on a PIL filed by Maa Bharti Sansthan, an NGO.
It was brought to the notice of the court that there was a budget provision for the said work on three routes, namely Jaipur-Sikar-Loharu, Sikar-Churu-Bikaner and Churu-Sriganganagar, in 2007-2008 and 2008-2009 but required funds were not allotted, hence the work never commenced.
It has further been alleged in the PIL that in the Union Budget for 2009-2010, the ministry has completely obliterated the projects, which were planned in the budget of 2007 and 2008, though new routes have been added in the mean time.
The PIL also highlighted the fact that as per the statement of the railway minister, the entire conversion of some 1,300 km of meter gauge rail route to broad gauge is proposed to be completed during the 11th Five-Year Plan, i.e. by the end of 2011, at an estimated cost of Rs 602.45 crore. But a paltry sum of Rs 15 crore has been allotted for the work to begin in 2009.
It has also been alleged that with the insignificant allotment, it will take decades to complete the conversion work in the country, particularly in Shekhawati region.
Petitioner's counsel Nitin Jain told the Bench that the people of Shekhawati region, which includes Sikar, Jhunjhunu, Churu, Hanumangarh,
It was also alleged that a large number of business community from these six districts alone are engaged in various business enterprises located at far-off places like Assam, West Bengal, Nepal, Maharashtra, Gujarat and southern states, calling their frequent movement with families and belongings from their native places.
"On facts, it is a plain case of betrayal of public trust besides being a breach of privilege enjoined by a public representative and that too by Union minister, by not allocating funds even in Union budget for 2009 for the gauge conversion of the three major railway routes of Shekhawati region," he argued.
The Bench also took a note of the fact that every year about five crore pilgrims visit religious places like Khatu Shyamji, Salasar Balaji, Jeen Mata, Shakhambhari Mata and Loharghar etc connected by the routes for which conversion is proposed but budget has not been allotted.
DNA test plea at HC
http://www.telegraphindia.com/1090830/jsp/nation/story_11425648.jsp
OUR CORRESPONDENT
Cuttack, Aug. 29: Sanjita, who has been claiming to be the biological daughter of BJD MLA Arabinda Dhali, has now moved Orissa High Court for a DNA test to prove her case, adding to the former minister’s worries.
Fourteen days after the State Commission for Women ordered for a DNA test to determine her father, Sanjita has filed a writ petition seeking judicial intervention against police inaction.
The commission had on August 13 asked the police commissioner to conduct the test. The next day, Dhali had refused to undergo a DNA test. Later, his wife Manju filed a defamation case on August 17 seeking Rs 5 crore damages from Sanjita, first wife Kamala Baral, acting SCW chairperson Usha Padhee and three others.
Dhali had denied that Sanjita was his daughter but admitted that Kamala, her mother, was his first wife, who said: “Only a DNA test can reveal the truth.”
Sanjita, in her petition, has sought the high court’s direction for the DNA test, while urging formation of a board for drawing blood samples in the presence of a magistrate and getting it tested at an accredited laboratory. “The court should further issue directions to prevent any second draw of blood samples,” the petition filed yesterday has prayed.
Sanjita has also filed a miscellaneous case in the high court seeking maintenance from Dhali.
The heat has been mounting on
Cases under Sections 10 and 11 of the Prohibition of Child Marriage Act, 2006, had also been booked against Dhali upon her complaint that he married her off when she was a minor and his second wife and his brother-in-law tortured her physically at their house.
Yesterday, Bhubaneswar-Cuttack police commissioner B.K. Sharma constituted a three-member team to probe the allegations made by Sanjita.
Advocates agitate to press HC bench demand
http://www.ptinews.com/news/254615_Advocates-agitate-to-press-HC-bench-demand
STAFF WRITER 15:31 HRS IST
Mathura, Aug 29 (PTI) Advocates of Mathura court today staged a dharna at the district collectorate to press their demand for setting up a High Court bench in western Uttar Pradesh.
Court work was suspended due to the agitation led by president of
The legal fraternity here intensified their agitation since yesterday following a strike on Monday.
"Now every Monday there would be some sort of agitation in association with some section of the society," secretary of Bar Association Sahab Singh Deshavar said at the Collectorate.
The agitating advocates also sent a memorandum to the President of India, which said, "Recommendations of Jaswant Singh Commission should be implemented immediately for providing speedy and cheap justice.
After assets row, judges to face public scrutiny next?
''The move is aimed at putting to rest all the doubting Thomases. The Indian judiciary enjoys the highest reputation. We cannot allow it to crumble. Once the Bill is passed, it will be a forum to inquire into any complaints against judges. I don't want anyone to raise a finger at our judiciary. This move is far reaching,''
Union law minister M Veerappa Moily told TOI.
Explaining the need for such a reform, Moily said impeachment proceedings could not be taken forward and that for 62 years now, there has not been a single impeachment.
On the controversy over disclosure of assets by judges, Moily echoed the views of Chief Justice of India K G Balakrishnan that the judiciary must be safeguarded. ''Anyone and everyone cannot be throwing stones at judges. Transparency and accountability is a must. I agree. But it should not become an instrument for vexation.
If there is a complaint against a judge, then his/her declaration can be used. It is very heroic to say that one will declare assets. There should be transparency, but it is the duty of the government to ensure there is an environment of fearlessness and adequate comfort level in the judiciary,'' Moily said.
Stating that judges should not be compared to politicians, he said: ''Judges are not elected. Unlike politicians, they cannot issue press statements and go before the public. It is duty of the government to provide a fearless environment for judges to work. Declaration could be misused by an aggrieved party. We cannot allow the judiciary to become vulnerable.''
He said the impression that judges are not filing assets is not correct. ''They have been mandated to declare assets under the 1997 resolutions. It is possible that the declaration can be used to harass, intimidate or coerce the judiciary. We have to balance declaration and accountability along with a strong, credible and independent judiciary.''
Government committed to judicial reforms
29 Aug 2009, 1026 hrs IST, TNN
The judicial reform ship floated by the government three months ago with law minister Veerappa Moily as captain has had a smooth sailing till now thanks to tail winds generated by intense public opinion that virtually forced SC judges to bow to demands of transparency.
Moily’s roadmap on judicial reforms had four components — make judges declare assets; make them accountable for misconduct; reduce the huge pendency of over 3 crore cases in trial courts and the high courts; and speed up the snail paced justice delivery system.
There had been a longpending demand for making judges declare their assets. But, it gained momentum after SC in its judgment made it mandatory for politicians to declare their assets everytime they contested an election. The government as well as the judiciary was saved the blushes with the CJI and SC judges taking a historic, though belated, decision to voluntarily post their wealth declarations.
The government is working on Judicial Accountability Bill to provide a mechanism to rein in errant judges. At present the CJI sets in motion an internal inquiry the recommendations of which are at best a transfer.
The UPA government’s priority is to reduce the over 3 crore cases pending in the trial courts (2.67 crore) and HCs (38 lakh). It is in the final stages of preparing a blueprint on appointment of ad hoc judges for clearing the backlog and tune up the justice delivery system to reduce the average life of a litigation from 15 years to 3 years.
CJI denies enquiry against Justice Cyriac Joseph
http://www.asianetindia.com/news/cji-denies-enquiry-justice-cyriac-joseph_74237.html
Yesterday the extraordinary general body meeting of the association held had asked the authorities to “request Justice Joseph to keep out of his office without salary or allowance till the conclusion of such an inquiry.” As many as 180 members supported the resolution while six opposed it. The meeting also witnessed some heated arguments over the resolution. The association also slammed the Judge for his statements comparing his faith in god and loyalty to the Knanaya Catholic Church to which he belonged.
The CBI team, which is probing the sister Abhaya murder, had informed Court that, the Supreme Court Judge Cyriac Joseph had watched the recordings of the narco-tests on the three accused in the sensational Sister Abhaya murder case.
Now, Himachal HC judges to disclose assets
http://www.tribuneindia.com/2009/20090830/main6.htm
Legal Correspondent
Shimla, August 29
Judges of the Himachal Pradesh High Court have also decided to make public the details of their assets in its full court meeting. The assets of all judges, including Acting Chief Justice RB Mishra, will be posted on the high court website.
Registrar General of the High Court VK Sharma informed that the judges had expressed their desire to list this matter in full court again after the availability of the resolution passed by the judges of the Supreme Court in this regard.
Immediately after the announcement of the CJI to make public the assets and liabilities of the judges, Mishra ordered to place this issue for discussion of full court meeting. The judges unanimously expressed their desire to make their assets and liabilities public.
It may be mentioned here that the HP High Court on May 15, 2008, had adopted a resolution to the effect that every judge shall make declaration of all his assets in the form of real estate or investment in his name or in the name of his spouse.
Pay scales cannot be reduced: HC
http://www.tribuneindia.com/2009/20090830/punjab.htm#14
Saurabh Malik
Tribune News Service
The
The ruling by Justice K Kannan came in connection with a petition filed by Punjab Agro Industries Corporation Limited against the presiding officer of the
The corporation, a state government undertaking, had challenged the award passed by the labour court acceding to a reference that was a sequel to a demand notice on behalf of 35 fertiliser clerks-cum-clerk typists complaining against the order of reversion without notice and fixing them on lower scales of pay.
The main opposition to the labour court award was the alleged inherent lack of jurisdiction for a court to accord sanction for restructuring of cadre and fixing a scale of pay, which was exclusively in the domain of the employer.
The petitioner’s contention was reorganisation took effect only from assistants upwards; and no decision had been taken for providing for any promotion for clerks, fertiliser clerks or senior clerks.
Counsel appearing for the workmen contended that it was decided to revert all workmen without affording any notice to them and to put them on lower scales, even while stating their pays were protected.
Management counsel, on the other hand, contended no notice or opportunity of hearing was required, while reverting a person wrongly promoted. A reversion, which arises on account of rectification of mistake, does not attract Article 311 (2) and principles of natural justice are not required to be followed.
Justice Kannan concluded: “The increase in scales of pay that the workmen have obtained by the upgradation or promotion, in whatever manner they have obtained a higher scale, cannot, in any way, be reduced and the decision of the board reverting them without any notice was against law.”
“The labour court was, therefore, perfectly justified in upholding the claim of the workmen… The award of the labour court is, under the circumstances, perfectly justified and confirmed. The writ petition is dismissed,” it said.
Life term for 3 in ’84 riots case
http://www.tribuneindia.com/2009/20090830/nation.htm#7
Rashi Agarwal
Tribune News Service
New Delhi, August 29
Having held them guilty on August 22 of attempting to murder three members of a Sikh family during the 1984 anti-Sikh riots, a Delhi court today sentenced life imprisonment to the three convicts, Mangal Sein alias Billa, Bhagat Singh and Brij Mohan Verma. Besides, a fine of Rs 6.18 lakh each was slapped on the trio, failure to pay which would invite an additional imprisonment for four years.
While reading out the sentence, Additional Sessions Judge Surinder S. Rathi pronounced that out of the collective fine, Rs 10 lakh shall be given as compensation to injured Jagmohan Singh and Rs 8 lakh to another injured Gurinder Singh.
During the arguments on duration of jail term, public prosecutor Irfan Ahmed sought maximum punishment of life imprisonment to the convicts, contending that "they committed the crime without provocation and that the victims had no defence and were taken by surprise”.
On their part, the convicts pleaded leniency on the ground of ill-health and old age. The anti-riots cell of the
The case was re-investigated by the police on the recommendation of Justice Rangnath Mishra Commission in 1992 following an affidavit filed by Joginder Singh. The court had framed charges under Sections 148, 395, 436, 307 and 149 of the IPC. The prosecution produced nine witnesses, including Joginder’s sons, who had identified the accused during the trial.
A high drama was witnessed during the proceedings of the case in the court today with a number of relatives of the victims, and even the convicts, breaking down after the judgement was pronounced.
The magistrate also criticised the role played by the police: “The slothful and the quiescent role played by the police and the government, who were at the helm of affairs, resulted in loss of priceless lives and valuable property of riot victims, which could have been saved.”
A Tribune Special
Mayawati in a tight spot
Her assets and statues may unsettle politics in UP, says Our Roving Editor Man Mohan
http://www.tribuneindia.com/2009/20090830/edit.htm#2
The rags-to-riches story of ‘Behenji’, as Uttar Pradesh Chief Minister and Bahujan Samaj Party (BSP) supremo Mayawati (53) is popularly known, has no parallel in Indian politics. Still, her rapid wealth creation has largely gone unnoticed.
Though she is facing various corruption charges, she seems to be worried about the CBI probe. The CBI recently informed the Supreme Court in an affidavit that it was ready with a chargesheet against her in the disproportionate assets (DA) case. The CBI said that it had evidence to prove that Mayawati amassed wealth disproportionate to her known sources of income.
The UP political scene is set to turn tumultuous once the CBI gets the go- ahead from the apex court. And Dalit politics may also go out of Mayawati’s control. She is anticipating trouble in the near future. That is why she recently announced that her successor — even if temporary — would be from the Dalit community.
| In 2007: Rs 52 crore approximately. They include:
In 2004: Rs 12 crore approximately. They include:
|
|
The CBI earlier tried to catch Mayawati in the Rs 175-crore Taj Heritage Corridor scam also but she escaped prosecution, thanks to both BJP-led NDA and Congress-led UPA governments as they could not make up their minds. Till the last minute, they thought they might require Mayawati’s support to remain in power.
The permission to prosecute her never came from the then UP Governor T. V. Rajeshwar (former Director, Intelligence Bureau), whose term ended this July. The Supreme Court had upheld his decision ruling that it didn’t have the jurisdiction to “interfere” with a Governor’s action.
The Taj case is about an alleged 2002-03 scam, when Mayawati during her third term as Chief Minister was charged with corruption. It was a project to upgrade tourist facilities near
The project is now defunct. Though the case also stands buried, its ghost still haunts her. Efforts are being made through three recent public interest litigations (PILs) filed in the
Interestingly, the Income Tax Appellate Tribunal (ITAT) twice gave Mayawati a clean chit in her income assessment cases. These orders have been challenged by the IT Department in the Delhi High Court. The IT authorities continue to keep a close watch on her rising wealth.
Mayawati is now more worried about the CBI probe into her assets case registered on October 5, 2005. It is still awaiting the apex court’s nod to chargesheet her. The CBI’s assets case list includes over 70 immovable assets (including properties of her relatives), over 50 frozen bank accounts of relations, friends and others containing Rs 7.36 crore, and dubious donations to the tune of nearly Rs. 13.18 crore. It is believed that the CBI may submit an updated list of her assets when the case comes up for hearing in September.
The DA case is an offshoot of the Taj Corridor case. While examining the Taj case documents submitted by the CBI, the apex court was alarmed on seeing details about Mayawati’s alleged assets and taking suo motu notice ordered the agency to lodge an FIR against her. Earlier, two reports placed before the apex court by the CBI on September 18, 2003, contained the issue relating to the assets.
In the DA case, the CBI said that the assets shown by Mayawati during her Akbarpur parliamentary election on April 4, 2004, were worth over Rs 12 crore whereas the assets increased to over Rs 52 crore in her declaration papers submitted three years later, when she contested for a seat in the UP Legislative Council just after the 2007 Assembly elections.
Over Rs 52 crore assets include a Rs 18-crore ‘BSP House’ in
All the assets that she flaunts today have come to her during her over two decades of political career. She inherited nothing from her parents. Her father Prabhu Das worked as a low-paid clerk in the government. She has also been accused of ordering the BSP MPs to contribute their discretion funds and the MP’s Local Area Development Scheme funds to the party fund illegally. She has also come under criticism from the Opposition for receiving back her own wealth as “gifts” from unknown party sympathisers.
Of late, Mayawati is facing ire from the Opposition and the public for installing since 2007 a large number of statues of Dalit icons like BSP founder Kanshi Ram, Dr B. R. Ambedkar and six of herself in parks and memorials in
Mayawati is perhaps the first post-Independence political leader who has installed her statues. These are impressive and tailored to perfection – the lady in stone even holding an expensive handbag!
Dr Prakash Ambedkar, grandson of Dr B.R. Ambedkar, is not amused. A former MP from Maharashtra, he said: “Just assume you are living in 2510 and taking a stroll in
Many statues of the elephant – the BSP poll symbol – have also been erected in these parks. The Election Commission has received a complaint against Mayawati alleging that she has violated the rules regarding the use of poll symbols and, therefore, this symbol should be frozen.
The parks in which the statues are being erected are said to have cost the state over Rs 2,000 crore of the taxpayers’ money. Even when about 50 UP districts have been declared drought-hit, Mayawati has sought the Assembly’s sanction for Rs 656 crore for these projects in contrast to Rs 300 crore sought for drought.
***
The Central Government’s economic intelligence agencies and revenue departments are updating Mayawati’s money profile. She ranks among the 20 top taxpayers in the country. In 2007-08, she gave Rs 26.26 crore as income-tax; her income that year was over Rs 75 crore.
Up to 2003, Mayawati’s tax returns, filed in the 3 (1a) circle in
The income-tax authorities are expecting a substantial increase in her IT returns for 2008-09, mainly because of the heavy flow of “donations” for the BSP in the recent Lok Sabha elections. Top intelligence sources said a major Mumbai-based corporate house backed the BSP in the Lok Sabha polls with a view to settling scores with Samajwadi Party leaders Mulayam Singh and Amar Singh.
Mayawati graduated from
Year after year, Mayawati’s income has been rising, whether in or out of power. However, she has merely claimed that she has been receiving huge amounts “as gifts from party workers, supporters and well-wishers.” Her declared assets of nearly Rs one crore in 2003 went up to Rs 52 crore in 2007.
***
With the closure of the filing of income-tax returns for 2008-09, the authorities are analysing Mayawati’s declaration of income and wealth and comparing it with what they have been gathering over a long period. On a tip-off, one of the agencies is checking out reports about the recent purchase of about 50 acres of land along the Noida Expressway by a Haryana landlord in the name of a person close to Mayawati. The landlord reportedly also acquired 200 acres in the name of his family members, relations and friends after he was told that the UP government would soon acquire the area for a major project and this would double the land price.
“Each paise is accounted for and explained before income-tax authorities,” Mayawati has maintained. She even found an explanation for her newly acquired wealth: donations are from supporters to fight the “false” cases against her. However, the government investigative agencies have a list of a large number of properties in UP and
Some time ago, the income-tax authorities prepared a confidential list of Mayawati’s immovable assets and also of those which are in the name of her close relatives, friends and party workers. Their worth was estimated at more than Rs 100 crore.
In the initial years of the UPA government’s first term, an IT team kept waiting to raid Mayawati’s relatives and friends but the highly classified operation was abandoned on the orders of the highest authorities in the Finance Ministry.
“It is very difficult to fix the real worth of Mayawati’s assets at any given time as most of them are in the name of others and they continue to grow,” the CBI sources said, explaining that “tracing them is also a Herculean task.”
***
To prevent the misuse of income-tax laws related to “gifts” received by many politicians like Mayawati and businessmen, an amendment was made in the 1961 IT Act. But it turned out to be a blessing in disguise for persons like her — as if the IT department was answering their prayers.
Section 56 (2) (v) and Section 56 (2) and (vi) made “gifts” above Rs 50,000 taxable unless, of course, they were from blood relations such as spouse, brothers and sisters. So, “gifts” and “money donations” from others exceeding the value of Rs 50,000 attracts about 30 per cent tax.
Before the amendment, Mayawati had claimed receiving crores of rupees, in the shape of small amounts of Rs 5 and Rs 10 from lakhs of party workers, supporters and well-wishers for championing the cause of the Dalits and poor people. She had claimed that these could not be treated as “taxable income”. The IT department is not equipped to do an in-depth investigation into lakhs of unknown people’s “donations” in smallest currency notes.
“With this money, she built her own castle of personal wealth. The money that came from public sources was meant for the BSP. But, instead of going to the party funds, it was shown as part of her own wealth,” a top income-tax official said.
“The amendment related to “gifts” in the IT Act has made Mayawati’s work easier and our department’s job tougher,” the official said, explaining that many top politicians like Mayawati now happily pay about 30 per cent of donation money coming from unknown well-wishers.
Till 2003, Mayawati had declared assets worth Rs 1.11 crore in her IT returns. Now, as per the CBI documents, assets only in her own name are several hundred per cent more than her earlier declared income.
And the assets go to over 1000 per cent more, if one includes those belonging to her relatives and friends, the CBI sources claim. There are four large plots in Inderpuri (
A senior CBI officer said that “one must remember that Mayawati has not inherited assets or any agricultural or non-agricultural income but has declared huge assets, paid impressive income tax. However, she has not accounted for how these wealth was amassed, and, mind you, she has not shown any outstanding loans.”
The IT and CBI authorities allege that most properties of Mayawati have been undervalued. An IT official, who was associated with the preparation of Mayawati’s list of known and unknown assets, said: “The Election Commission’s mandatory affidavit clearly demands the current market value but then, furnishing false information is not a criminal offence yet.”
***
If reports were to bear scrutiny, Mayawati is now planning to bury a time capsule at a secret place in the state. Or has she already done it? The capsule is said to contain material about her political rule and her fight for the Dalits.
One is reminded of Indira Gandhi’s time capsule lowered at the Red Fort in
In response, satirist and author Cho Ramaswamy had planted his own time capsule 10 feet below the ground with copies of his journal Tughlaq. So Mayawati’s capsule would be the third in
Like Indira Gandhi, Mayawati is equally ambitious. But her hopes of becoming
Dirty trick cry in Shopian case
http://www.telegraphindia.com/1090830/jsp/nation/story_11427493.jsp
MUZAFFAR RAINA
The government said there was no truth to his claims.
Syed Riyaz Hussain, the additional advocate-general, said he was dismissed after he refused to incorporate some controversial points in the government’s account.
“The government wanted to put up some points, which I disagreed with because these were fallacious and stupid,” he said, but did not elaborate what they were.
The Shopian incident of May, when two women were allegedly raped and killed by securitymen, sparked furious protests across Kashmir and confronted Omar Abdullah with his first major crisis since taking over as chief minister in January. Omar added fuel to the fire when he initially attributed the deaths of the women to drowning.
Hussain said he had earlier picked holes in the government investigations, which, he claimed, was disliked by higher-ups.
“I told them (the government) that certain things should have been done which were not. But it has not suited them in their political scheme. Last night I was called in by the government and informed about the decision (to dismiss him),” he said.
State law secretary Akhtar Kochak, however, disputed Hussain’s version.
“It is not he alone but several other additional advocates-general who are being replaced by the government. They were asked to resign which they did,” he said.
“These additional advocates-general were appointed by the previous government and it is the prerogative of the present regime to have new faces,” an official said.
SC issues notice to Kerala on PepsiCo's plea
http://www.deccanherald.com/content/22362/sc-issues-notice-kerala-pepsicos.html
The Supreme Court has issued notice to the Kerala government on a petition filed by PepsiCo 
A bench headed by Justice Altamas Kabir sought reply from the Kerala government and others and posted the matter for hearing on September 16.
Challenging the Kerala High Court's judgement that refused to quash criminal proceedings against the company, PepsiCo said that refusal was against the procedure established by law as there were no standards set for pesticide residues in soft drinks under the Prevention of Food Adulteration Act 1954 and Prevention of Food Adulteration Rules 1955.
Since no standard for pesticide residues in sweetened carbonated water has been prescribed, it would not be open to a public analyst to conclude that its soft drinks were adulterated and were poisonous or injurious to health, PepsiCo senior counsel K K Venugopal said.
He added it was in universal knowledge that pesticide residues were present in various other food articles.
The pesticide residue allegedly found in its sample was treated as a permissible and non-prohibited substance in other food products like leafy vegetables wherein the permissible limit was 10 parts per million (1,000 times more than what was allegedly found in PepsiCo's sample), the petition stated.
Stop political support for illegal constructions”
http://www.hindu.com/2009/08/30/stories/2009083067771100.htm
J. Venkatesan
| Builders have scant respect for regulatory laws: Supreme Court |
“Unfortunately, despite repeated judgments by the Supreme Court and the High Courts, the builders and other affluent people engaged in construction activities, who have over the years shown scant respect for the regulatory mechanism envisaged in municipal and similar laws, as also the master plans, zonal development plans, sanctioned plans, etc, have received encouragement and support from the state apparatus,” said a Bench consisting of Justices B.N. Agrawal and G.S. Singhvi.
Writing the judgment, Justice Singhvi said: “Whenever orders are passed by courts, those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularisation of illegal and unauthorised constructions in the name of compassion and hardship.”
“Irreparable harm”
The Bench, while allowing the authorities to demolish the unauthorised Shanti Sports Club of India at Masudpur in
The Bench dismissed the petition filed by the club challenging the decision by the authorities to demolish the premises, as it was constructed on land acquired by the government in 1965.
The court said that “in the last four decades, almost all cities, big or small, have seen unplanned growth. In the 21st century, the menace of illegal and unauthorised constructions and encroachments has acquired monstrous proportions and everyone has been paying a heavy price for the same.”
“Blatant violation”
Expressing its anguish, the Bench said: “Economically affluent people and those having support of the political and executive apparatus of the state have constructed buildings, commercial complexes, multiplexes, malls, etc, in blatant violation of the municipal and town planning laws, master plans, zonal development plans, and even sanctioned building plans. In most of the cases of illegal or unauthorised constructions, the officers of the municipal and other regulatory bodies turn a blind eye either due to the influence of higher authorities of the state or for other extraneous reasons.”
Giving a warning to such builders, the court said no compromise should be made with the town planning scheme and no relief given to the violator on grounds that he had spent a substantial amount on construction of the buildings.
http://www.hindu.com/2009/08/30/stories/2009083059980900.htm
Mohamed Imranullah S.
“Printing food items that can be prepared using contents of a packet not misbranding”
A Food Inspector booked the duo for printing “misbranded” labels
MADURAI: The Madras High Court has quashed a charge sheet filed against a rice mill owner and a grocery store proprietor at Periyakulam in Theni district for manufacturing and selling rice flour used for making ‘puttu’ (steam cake) in packets carrying pictures of the cakes along with cashew nuts, sugar, cardamom and broken coconuts.
A local Food Inspector had booked the duo under the Prevention of Food Adulteration Act, 1954 on the charge of printing “misbranded” labels.
He had raided the grocery store on June 21, 2007, collected samples of the rice flour packets, and obtained a report from the Food Analysis Laboratory, Chennai.
Allowing a criminal original petition filed by the accused in the Madurai Bench, Justice G.M. Akbar Ali disagreed with reasons adduced by the Food Inspector. Printing pictures of food items, which could be prepared using the contents of the packets, could not be termed misbranding.
The Judge also said that the petitioner could not be prosecuted in violation of a circular issued by the Director of Public Health and Preventive Medicine on June 2, 2008. It laid down guidelines for registration of cases with an observation that many people were being booked wrongly on charges of misbranding their products.
One of the paragraphs in the circular read: “Pictures of food items, which can be prepared using ingredients such as edible oil or grain flour or dhal contained in the package of edible oil or grain flour or dhal, are not misleading or false. Actually these are all leading pictures and not misleading ones.”
Taking a cue from this, Mr. Justice Akbar Ali said: “In my considered view, a label containing leading depiction of pictures will not amount to misbranding as contemplated in the Prevention of Food Adulteration Rules, 1955. Therefore, the proceeding against the petitioners cannot be allowed to continue as it is an abuse of process of law.”
Earlier, petitioner’s counsel R. Gandhi cited a 2008 Supreme Court ruling in which a High Court was criticised for committing “serious error” by holding that soya bean oil had been misbranded because the packet contained pictures of cabbage, carrot, brinjal, capsicum and other vegetables that could be cooked using it.
Punishment order of Chief Educational Officer set aside
http://www.hindu.com/2009/08/30/stories/2009083052030500.htm
K.T.Sangameswaran
| Principles of natural justice violated: Judge |
CHENNAI: If an appointing authority differs with the enquiry officer, principles of natural justice mandate that a personal hearing be given to the delinquent before proceeding with imposition of punishment. This is one of the cardinal principles enunciated by the Supreme Court and the High Court, the Madras High Court has said.
Justice V.Dhanapalan was allowing a petition from K.Thangamari, a Chief Educational Officer (CEO), challenging the School Education Department’s punishment against her of stoppage of three increments with cumulative effect, in addition to holding that the said punishment would affect her pension and was inclusive of the leave period.
The petitioner’s case was that she was awarded the punishment in March 2007 in connection with alleged irregularities relating to the purchase of computers when she was the Director of Shramik Vidyapeeth.
The enquiry officer (EO) had held that the charges were not proved.
Mr.Justice Dhanapalan said that the disciplinary authority was empowered to take a different opinion from that of the EO and arrive at a final decision on the disciplinary proceedings when there were sufficient materials to establish the charge.
In this case, the disciplinary authority had erred in concluding that the delinquent was guilty on flimsy grounds and for the same charges against which the proceedings were dropped by the same authority earlier.
Reopening of the closed matter by the School Education Department would clearly indicate that it was done with an ulterior motive. Principles of natural justice had been violated.
The School Education Secretary had not recorded proper reasons for his disagreement over the EO’s findings and no opportunity was given to the petitioner.
Setting aside the punishment order, the Judge directed the authorities to place the petitioner at the seniority level of 2004 over and above her juniors and promote her, if she was otherwise eligible, and consequently extend all the service and monetary benefits thereof.
Petitioner directed to approach DVAC
http://www.hindu.com/2009/08/30/stories/2009083057800900.htm
Special Correspondent
CHENNAI: A petitioner who complained that an employee of the
The petitioner said that one M.Joshwa Chellappa, while employed as manager at the Ambattur Footwear Unit, had redirected funds given by the Adi Dravidar Welfare Board to the purchase of machinery from a private firm at a cost of Rs.39 lakh.
The Central Leather Research Institute (CLRI) had subsequently reported that the machinery was not in good condition. There had been similar losses incurred due to the decisions of Mr.Chellappa, the petitioner claimed.
Repeated complaints had resulted in departmental enquiries which had taken a lenient view and allowed him to go scot-free with only censures or warnings, the petitioner said. Chief Justice H.L.Gokhale and Justice D.Murugesan directed the petitioner to file a complaint with the DVAC.
Jail term for couple in stamps case
http://www.hindu.com/2009/08/30/stories/2009083053930300.htm
Special Correspondent
CHENNAI: A couple that used fake postal stamps was sentenced to undergo one year imprisonment by a special court here on Friday.
According to a press release, M.R. Vasagar and his wife V. Rajeswari, who were proprietors of a company, had sent letters to 100 customers by affixing counterfeit postal stamps on the covers.
The covers containing counterfeit postal stamps were not received by the addressees and returned.
Based on a tip-off, CBI officials raided the house of the couple and seized the covers containing the fake stamps.
A case was registered against them in 2003. R. Killivalavan, Chief Metropolitan Magistrate, Egmore, who heard the case convicted both the accused and sentenced them to one year imprisonment.
Supreme Court Judge against free run to bureaucracy
http://www.hindu.com/2009/08/30/stories/2009083055150600.htm
Special Correspondent
Delivering a lecture in memory of the first Advocate General of Andhra Pradesh, D. Narasa Raju, Mr. Justice Reddy said it was doubtful whether laws could be effective if they were enacted to regulate the relations of people with each other in a society exposed to injustice.
Speaking on challenges facing the Constitution, he felt the greatest challenge was in identifying its custodian and said the responsibility should be vested with every institution and citizen of the State.
Cash, cheque stolen from Fourth
http://www.hindu.com/2009/08/30/stories/2009083054110300.htm
Staff Correspondent
Three security guards suspended for dereliction
of duty
The incident came to light on Saturday morning when the staff concerned opened the court office and found the iron rods of the window broken. A cheque and cash were found to be missing.
The court is housed in the District Courts compound, which also houses offices of Regional Commissioner, Deputy Commissioner and several other district offices and is considered to be most secured zone after police headquarters in the city.
Three security guards who belong to the District Armed Reserved have been suspended for dereliction of duty, according to Superintendent of Police Soniya Narang here on Saturday.
Court rules in poll panel’s favour
http://www.hindu.com/2009/08/30/stories/2009083056890300.htm
Staff Correspondent
The decision of the JMFC comes as a victory for the ECI, which had opposed the State Government’s decision to withdraw five cases booked against the Reddy brothers and Bharatiya Janata Party (BJP) activists in
A decision was taken by the Cabinet recently to withdraw cases booked during the 2008 Assembly elections against BJP leaders, including the Reddy brothers.
The Assistant Public Prosecutor had filed an application informing the court of the Government’s decision and stating that he wanted to withdraw five cases booked in
Accordingly, Sheikh Shafi, appointed on behalf of the ECI, filed a vakalat to inform the JMFC that the Election Commission wanted to contest the cases.
The JMFC has posted the case to November 10 for further hearing.
Legal experts feel law lacks teeth, call for stiff charges
Normally, in such cases, a criminal case of Section 304A (death caused by rash and negligent act) is made out where the maximum punishment can go upto two years. The experts, however, feel that the police should book the accused under Section 304 Part II (culpable homicide not amounting to murder), which has a maximum punishment of 10 years. "If you have a gaping hole right in the middle of a road or for that matter anywhere on the road that people use for walking, there is full knowledge that it might cause hurt. Whenever the knowledge part comes into the picture, the charge has to be Section 304,'' said senior counsel K T S Tulsi.
Tulsi, however, believes the law does not have enough provisions for the victim's family to get justice. Stressing that there is an urgent need "to develop strong tort jurisprudence,'' Tulsi adds, "these things are happening so frequently all over the country. Unless the judiciary comes down hard and imposes damages in millions, things will not change.''
Besides a criminal case, the victim's family can file a civil suit seeking compensation from the civic agency. In a similar case, Delhi High Court had recently directed
In another judgement, a trial court had asked the MCD to shell out Rs 5 lakh in compensation to the family of a businessman who died in 2000 after falling in an open drain in Kanjhawala in outer
With such precedents, the family of the victim can file a compensation case against the MCD and its contractor. Yet, with the way things are, it can take years for the family to get the money.
Show self-restraint, CJ tells judges
The CJ was delivering the valedictory address of civil judges (junior division) pre-regular training programme at
Judges should confirm to ethics, he pointed out. "This is not a job or profession. It is a responsibilty. Every word reflects on society. There is nothing wrong in expressing personal views. But judges should show more self-restraint. There should be no loose talk, thinking or action. They should avoid airing personal estimates. Justice and law are alone their faith. They are architects, not masons,'' he added.
HC to take action against judges for influencing probe
AHMEDABAD: Two judges are in trouble now as the Gujarat High Court has asked a concerned high court judge to take administrative action against them for allegedly interfering in a police investigation.
Judicial officers, RD Patel, who was a Judicial Magistrate First Class and VR Raval - a district judge in Gandhinagar, re accused of falsely influencing a case of sexual harassment by dismissing the complaint.
Gitaba Chauhan, a widow working in education department as a clerk, filed a complaint against her officer Gunvant Raval that he misbehaved with her after office hours on January 5, 2007. When the case reached the court, magistrate Patel ordered a court inquiry under Section 202. After police filed report, Patel allegedly did not consider evidence in proper manner and dismissed the case.
The victim kept complaining before the court that nobody was present in the office on the day of incident except her and Raval. However, police recorded statements of other staff members, of whom two peons told the court on affidavit that they were present in the office. But later they changed their stand.
Chauhan then approached the high court demanding action against the officer Raval, who allegedly tried to molest her. During the hearing, her counsel Rashmin Jani made allegations that the government officer and the district judge are relatives and the judge had influenced the magistrate in deciding this case. The petitioner called for the phone records of the accused as well the judges to prove this point. Chauhan also claimed that the judges had tried their best to influence the case during the time of investigation also.
Advocate general Kamal Trivedi has been defending the state government in this case. After hearing primary arguments, Justice Akil Kureshi admitted this case with observation that the magistrate had not considered certain statements that were on the record.
After two years, when the case came up for hearing, the state government again sought adjournment so that the advocate general could argue the case. Justice KS Jhaveri kept this case for final hearing on September 18 with a condition that he would not grant any more adjournment, but meanwhile referred the case to the Unit Judge for taking up administrative actions against the judicial officers.
Blood racket accused produced in court
From the court three accused Jitendra Singh, Amit Pandey and Amresh Singh were sent back to police custody as court had allowed their remand for a period of four days on Friday. The others were, however, sent back to jail.
Six gang members who were produced before the court were arrested on August 22 and police recovered from them many samples of fake blood. The seventh accused Jitendra Singh surrendered before the court on August 26.
Cases against all of them were now lodged under Sections 419, 420, 467, 468 and 471 of the IPC and the Gangsters Act.
Those caught till now are Deepak Pandey, Alok Kumar Diwedi, Amresh Singh, Dharmendra Singh, Mayank Diwedi, Mridul Diwedi and Jitendra Singh.
Police said that efforts were also on to nab the other absconding accused.
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