LEGAL NEWS 12.09.2009

Seize properties of corrupt govt officials, says CJI
http://www.indianexpress.com/news/seize-properties-of-corrupt-govt-officials-says-cji/516321/
Agencies
Posted: Saturday , Sep 12, 2009 at 1328 hrs New Delhi:
Chief Justice of India K G Balakrishnan favoured statutory provision for seizure of illegal properties and assets of government officials convicted in corruption cases. He also wanted specialised teams of lawyers to ensure that they will progressively develop expertise in prosecuting corruption-related cases.
If a public official amasses wealth at the cost of public, then the state is justified in seizing such assets," Balakrishnan said at a national seminar on 'Fighting Crimes related to Corruption'.
"One prominent suggestion is the inclusion of a statutory remedy that will enable confiscation of properties belonging to persons who are convicted of offences under the Prevention of Corruption Act (PCA)", the Chief Justice said.
The CJI said procedural delays like granting sanction and difficulty in marshalling large number of witnesses were the major hurdles in achieving meaningful convictions when the anti-corruption agencies was already finding it difficult to grapple with 9,000 pending cases due to shortage of designated courts.
"It is necessary (that) there should be a speedy manner of granting sanction. The prosecution becomes ineffective if the sanction is granted after 6-7 years," he said.
Balakrishnan expressed concern that CBI relies on large number of witnesses in the corruption cases instead of coming out with solid witnesses which unnecessary prolongs the trial of the case for 3 to 4 years. "Instead of having 8 to 10 witnesses, emphasis should be on having one solid witness to prove the case," he said.






Court lauds The Hindu for fair reporting
http://www.hindu.com/2009/09/12/stories/2009091261241000.htm
J. Venkatesan
New Delhi: The Supreme Court, which took suo motu action against the Mayawati government, lauded The Hindu for publishing a fair and balanced report on Friday on the construction activities for memorials in Lucknow.
During a hearing, a Bench consisting of Justices B.N. Agrawal and Aftab Alam read the report and said: “The Hindu has given a detailed account about the construction activities going on at various sites. A photograph has also been published. The Hindu has been fair enough to give the State government’s denial also. We can’t completely ignore the report.”
In its order, the Bench said: “We may note that there is a denial on behalf of the State government that any construction is in progress and The Hindu has been fair enough to publish the denial by the spokesperson of the Uttar Pradesh Rajkiya Nirman Nigam. In the news report, it is further stated that the spokesperson, on behalf of the State government, admitted that only maintenance work was being carried out.”
The order said, “But the news report in The Hindu also carries a photograph and unless it is of an earlier date, the photograph tells a different story and makes it clear that the construction activities are very much going on at the Kanshi Ram Sanskritic Sthal and other places in Lucknow as mentioned in the report, which are covered by the undertaking given to this court.”
CRPF deployment
Justice Agrawal asked Solicitor General Gopal Subramaniam, assisting the court as amicus curiae, whether the Centre could deploy CRPF at the construction sites. Senior counsel for the petitioners Abhishek Singhvi said that Monument Protection Force of the CRPF should be deployed as the State government could not be expected to be impartial.
Harish Salve, appearing for the State, objected to this saying the petitioners in the U.P. memorials case were trying to play politics. “This is not a matter for playing politics. We will put a proper affidavit.”






No reason to stay the Ishrat probe
http://www.hindu.com/2009/09/12/stories/2009091255720900.htm
Nitya Ramakrishnan
The Code of Criminal Procedure allows for a magisterial inquiry and police investigation to be conducted side by side.
The Gujarat High Court has stayed Metropolitan Magistrate S.K. Tamang’s report on the killing of Ishrat Jehan and three others. Also, it has directed a probe into his conduct on the premise that in submitting his report even as an SIT investigation ordered by the High Court was under way, he had overstepped his limits. The fact of the SIT investigation — a police investigation albeit one ordered by itself — seems to have persuaded the High Court to subject a subordinate judicial officer to this unusual course of action.
Ishrat Jahan and three others were shot dead on June 15, 2004 by the Gujarat police which claims to have killed them in an ‘encounter’ to foil an assassination bid on Chief Minister Narendra Modi. The NHRC took suo motu notice of the incident within three days and directed the State government to comply with the NHRC 2003 Guidelines on Encounter Deaths. The guidelines require a magisterial probe as well as a police investigation into all encounters.
Independently, a petition was filed by Isharat’s mother in the Gujarat High Court. By an affidavit sworn in September 2004 the State informed the High Court that “the fact and genuineness of the police action on June 15 in which Ishrat and 3 others were killed, is being enquired into by the Addl. DGP CID (Int) Gujarat State and also separate Magisterial inquiry is being conducted in this regard by the SDM, Ahmedabad. ....(sic)”
Ishrat’s mother was, in fact, asking for a transfer of the police investigation to the CBI. It was in response to this prayer that the High Court, four years later, on August 13, 2009, entrusted the police investigation in ‘FIR No. C.R. No. I-8 of 2004 registered with DCB Police Station, Ahmedabad City’ to the newly constituted SIT of three senior police officers. Though clearly aware of the magisterial probe, the State government does not seem to have ever asked for any order, much less a stay on that probe. The High Court, confined itself to transferring the FIR to a newly constituted police investigation, that is, the SIT. Though informed of the magisterial probe, the High Court, while dealing with the petition, seems to have said not a word on it.
Distinct but simultaneous
Investigation by the police and an inquiry by a Magistrate are distinct but simultaneous procedures and this fact does not rest on the NHRC Guidelines alone. In general, every unnatural death entails an inquest under Section 174 of the Code of Criminal Procedure (CrPC). The inquest is to ascertain the apparent cause of death. In the presence of witnesses, there is a detailed examination of the marks of injury, wounds, spot of occurrence and all else that could indicate the cause of death. An honest inquest would record the mode and cause of death, whether it was by bullet or other injuries, whether fire was close range or distant, whether the fatal wound was accompanied or preceded by any other violence and so on.
‘Apparent’ does not mean cursory. It means such circumstances of the death as can reasonably be assessed at that stage. Gujarat’s claim that the only purpose of an inquest is to assess whether the death was natural or unnatural is absurd. An inquest occurs only when there is reason to believe that the death is unnatural. Any ‘encounter death’ is an admission that the police have killed and can only be an unnatural death.
Inquests under the CrPC are normally conducted by an Executive Magistrate who is often part of the police. In its 152nd report, the Law Commission noted that such inquests had proved unsatisfactory in cases of custodial deaths. The CrPC was amended in 2005 keeping in mind the concerns expressed by the Law Commission. Section 176(1A) was added to the Code, prescribing that every death, disappearance or rape while in the custody of the police must, of necessity, be subjected to an inquiry by a Judicial Magistrate or a Metropolitan Magistrate. Furthermore, such an inquiry is in addition to an inquiry or investigation held by the police. The inquiry into the death of Ishrat and the others referred to in the state’s affidavit as being held by the SDM, an Executive Magistrate, was later completed by a Judicial Magistrate, presumably in compliance with the CrPC Amendment.
All deaths in custody, and not merely those in admitted or legal custody, have to be inquired into. If the police version of an encounter is false, it is evident that the deceased must have been in police custody sometime prior to her or his death. In which case, it is death in custody. Only an inquiry will establish whether it was, in fact, a genuine encounter or a death in custody as Magistrate Tamang’s inquiry has found the case of Ishrat and the others to be. Therefore, Gujarat’s argument that an encounter death is ruled out of the operation of Section 176(1)(A) of the Code really begs the question. It is like an accused saying that he must not be put on trial because he is innocent, when only the trial will prove him guilty or innocent. If encounter killings are ruled out of the pale of such inquiry, all that needs to be done (and has often been done) to avoid scrutiny is to kill someone in custody and fake it off as an encounter.
Surely homicide
Aside from such a judicial inquiry, the Code provides for police investigation into all cases of homicide. Encounter killings are surely homicide. Whether culpable or justified as self-defence is a matter for the judge. The law gives the police no higher privilege to use lethal force than what it gives to a common citizen by way of the right of private defence.
The law provides for three things. First, an inquest to record the circumstances of any unnatural death. Second, a judicial inquiry into deaths in custody. And third, quite apart from inquests and inquiries, that all cases of homicide be registered as offences, investigated and submitted in the form of a report to the court for further action. Even when the police report suggests that case is of justified self defence, the court may send the case for trial. A Judicial Magistrate scrutinising an investigation report performs a different office than one inquiring into a death in custody.
The NHRC Guidelines collate the law as it stands into a workable checklist of the steps that must follow a supposed encounter death. This was necessitated by the spate of encounters going unchecked. The Supreme Court is yet to rule on whether every encounter death must indeed be registered as an FIR,. One thing is clear though: The Judicial Magistrate’s inquiry, when held under Section 176 (1) (A), is independent of and in addition to, any police investigation under other provisions of the Code.
Inquiries and trials based on police investigations have been known to proceed side by side. The Code distinguishes between ‘inquiry’ and ‘investigation’. The former is done by a court but is not a trial. The latter is done by the police and may lead to a trial.
There is nothing in the concept of sub judice or in any proposition on contempt of court that requires any suo motu restraint by judicial authorities on their functions. Unless it is brought explicitly to their notice that there is a valid stay or that the same nature of relief has been invoked elsewhere. S.K Tamang had not, on the date of his report, been injuncted by any superior authority nor was he substituting himself for the police investigation. It is unknown for magistrates to petition higher courts for permission to do tasks entrusted to them by the law. All that the High Court had done on August 13 was to change the investigating officers of an existing FIR. One that was under investigation even when the magisterial probe began The state government did not once seek to halt the magisterial process. What is it beefing about now?
Though it cannot sit in appeal over his findings, the High Court is certainly within its writ powers to correct any jurisdictional error in Magistrate Tamang’s proceedings. As yet, however, it is unclear, where any misdemeanour on his part lies.
(The author is a Supreme Court advocate.)






Kaminey:PIL filed
http://www.expressbuzz.com/edition/story.aspx?Title=Kaminey:+PIL+filed&artid=/07Pk2f2iro=&SectionID=mvKkT3vj5ZA=&MainSectionID=fyV9T2jIa4A=&SectionName=nUFeEOBkuKw=&SEO=
Express News Service
First Published : 11 Sep 2009 04:07:00 AM IST
Last Updated : 11 Sep 2009 09:42:52 AM IST

CUTTACK: The controversy over the portrayal of Lord Jagannath in the Vishal Bhardwaj flick `Kaminey’ has taken a new turn with a PIL filed in the Orissa High Court seeking deletion of the contentious scene or imposition of a ban on the film in Orissa.
City-based organisation Nilachakra represented by Dillip Das has alleged the film had hurt the sentiments of the people of the State by its insulting portrayal of the most revered deity of Orissa. The film has a scene where a toilet door has inscription of “apna haath Jagannath”. The writing has vulgar connotations and thus should be removed from the film, the petition stated.






HC hears PIL against Himantahttp://www.assamtribune.com/scripts/details.asp?id=sep1109/at05
Law Reporter GUWAHATI, Sept 10 – A Division bench of the Gauhati High Court comprising acting Chief Justice Ranjan Gogoi and Justice Amitabh Roy today heard the Public Interest Litigation (PIL) filed by AGP legislator Padma Hazarika against Health Minister Himanta Biswa Sarma and fixed Thursday next as the next date for hearing. The Court directed the registry of the High Court to collect relevant records including the case diaries of the cases of Panbazar and Chandmari police stations against Sarma, final reports of the cases with acceptance reports, etc.






Plea against Jet maintainable: HC
http://www.expressbuzz.com/edition/story.aspx?Title=Plea+against+Jet+maintainable:+HC&artid=s2INR5JLbuw=&SectionID=lifojHIWDUU=&MainSectionID=wIcBMLGbUJI=&SectionName=rSY%7C6QYp3kQ=&SEO=
Express News Service
First Published : 11 Sep 2009 03:40:00 AM IST
Last Updated : 11 Sep 2009 06:41:21 AM IST

CHENNAI: The Madras High Court on Thursday held maintainable a writ petition from Mumbai-based National Aviators Guild (NAG) praying for a direction to the authorities concerned to cancel the permission granted to the management of Jet Airways (India) Limited in Mumbai to engage foreign pilots.
A Division Bench comprising justices D Murugesan and M Jaichandran also held maintainable another writ petition from the NAG praying for a direction to the Ministry of Civil Aviation and the Director General of Civil Aviation (DGCA) to ensure monitoring of the operations of the Jet Airways on a day-to-day basis and flight-wise to ensure the safety of passengers.
Originally, the first petition prayed for ``a direction to the DGCA to take appropriate action for cancelling the permission issued to the Jet Airways for engagement of foreign pilots, while keeping the experienced and senior Indian pilots out of job by issuing orders of termination and that too as a measure of unfair labour practice on account of the formation of the NAG’’. The Bench observed that ``in the event of the petitioner not pressing the relief insofar as the issue raised in the first writ petition relating to the termination of some of the staff of the Jet Airways on the ground that it was an unfair labour practice’’, the petition would become maintainable.
The second petition seeking safety to the passengers was naturally maintainable, as the relief sought was in the interest of the general public, the Bench added. The Bench stipulated the restriction on the petitioner following the submission of the High Court Registry that the petitioner had no locus standi to file the first petition as a public interest litigation (PIL) when the subject matter related to service matter.
Posting the matters for further hearing on September 16, the Bench made it clear that the pendency of the writ petitions should not be construed as an impediment for the ongoing conciliation proceedings, which was pending with regard to some of the issues covered in these writ petitions.
Earlier, Advocate-General P S Raman, appearing for Jet Airways, told the Bench that conciliation proceedings were going on at New Delhi with regard to some of the issues covering these writ petitions and in the event this court entertaining these petitions as PILs, that should not stand in the way of the conciliation proceedings. He would also oppose the writ petitions on the ground of territorial jurisdiction, Raman added.






HC warns corpn on hoarding ban violation
http://timesofindia.indiatimes.com/news/city/chennai/HC-warns-corpn-on-hoarding-ban-violation/articleshow/5000968.cms
TNN 12 September 2009, 06:26am IST
CHENNAI: The Madras high court has warned the Chennai Corporation that it would take a very serious note of violation of court orders banning hoardings and banners in the city. It also accepted an unconditional apology tendered by the corporation commissioner on Friday, in response to a contempt of court petition filed by social activist Traffic K R Ramaswamy. "Accepting this unconditional apology tendered by the corporation commissioner, we close this contempt petition. We make it clear that any such violation of the order dated April 28, 2008 will be taken very serious note of, if the violation is brought to the notice of this court," observed a division bench comprising Justice FM Ibrahim Kalifulla and Justice R Banumathi. In his petition, Ramaswamy said the first bench of the court had on April 28, 2008 banned all digital hoardings, banners and unauthorised billboards erected all over the city. Though many hoardings were removed immediately after the order, authorities have started turning a blind eye to blatant violation of late. In this regard, he also pointed out that roads were dug and holes were made on public walls by many prominent people, including Chennai mayor M Subramanian, during party and family functions. Ramaswamy had cited the Chennai district collector, corporation commissioner, commissioner of police and the mayor as respondents in the present contempt proceedings. Tendering unconditional apology to court, corporation commissioner Rajesh Lakhoni filed a counter-affidavit on Friday, stating that civic authorities were taking due care in maintaining roads and pavements, and that no banners and road-digging was permitted. Noting that the state government has taken a policy decision to remove unauthorised hoardings not covered by the court orders, the commissioner said police and corporation authorities were assisting revenue officials involved in the campaign against hoardings.






RPMT fraud: HC asks govt to submit report by Sept 16
http://timesofindia.indiatimes.com/news/city/jaipur/RPMT-fraud-HC-asks-govt-to-submit-report-by-Sept-16/articleshow/5001057.cms
Abhinav Sharma, TNN 12 September 2009, 05:56am IST
JAIPUR: Taking strong view of the alleged irregularities in the Rajsasthan Pre-medical Test (RPMT), 2009, the Rajasthan High Court on Friday directed the state government to form a three-member committee to investigate the matter and submit a preliminary report by September 16. Justice R S Rathore passed this order on a writ petition filed by one candidate Jahabarmal who alleged that a large number of students succeeded in taking admission in 15 medical colleges of the state by planting impersonators during the exams. As many as 750 students got selected in these medical colleges after results were declared on June 4 this year. "We have prima facie evidence that the thumb impressions of three candidates impressed on the OMR sheets and the those taken in the examination hall did not match. It appears that there is certainly something fishy about it. We have been pursing the entire record to find out the motive, however, further investigation will now be conducted in the manner suggested by the high court," said government counsel Vibhuti Bhushan Sharma. "There is a complete racket of senior doctors of the state, including senior most officials of the Health University that are involved in this big corruption and private doctors or some other professional have been engaged by them to appear in the examination so as to get their wards through and see that they secure admissions in the medical colleges of the state," said Rajendra Soni, advocate for the petitioner. It was alleged by the petitioner that over 100 students have been admitted by adopting improper means of engaging professional writers for the exam. It was further brought to the notice of the court that there is provision of putting thumb impression on the OMR sheets at the time of filling up of the application for the entrance test as well as in the examination hall. It was told to the bench that where in other states there is provision to tally the two thumb impression before declaring the results there is no such provision in Rajasthan resulting in this misuse. Looking to the fact that the session has just started and that such illegal admission requires strict consideration the court directed that the there member high level inquiry committee must have a senior Police official having thorough knowledge of such investigations, one person having vast experience to conduct university examinations and one independent person. The court directed that the preliminary investigations should be complete by the committee to file the preliminary report on September 16.







HC directs CB-CID to investigate MLA'sconduct against JE
http://timesofindia.indiatimes.com/news/city/lucknow/HC-directs-CB-CID-to-investigate-MLAsconduct-against-JE/articleshow/5001288.cms
TNN 12 September 2009, 06:36am IST
LUCKNOW: Taking serious note of an MLA's conduct to put pressure on the chief minister and commit criminal assault in the office of a junior engineer in Ballia, demanding illegal money, the High Court has directed the CB-CID to investigate into the matter and submit a report to the court within two months. The court stayed transfer of junior engineer, Udai Shanker Singh from Ballia to Sonbhadra. Passing the order Justice D P Singh further directed the SP Ballia to provide adequate security to the engineer so that Auraiyya incident may not be repeated in which BSP MLA Shekhar Tiwari had killed executive engineer Manoj Gupta on being denied his illegal demand. Udai challenged his transfer order passed on August 17. He showed the CD to the court in which the MLA was demanding illegal money. His men ransacked his office and assaulted and abused him and his colleagues. He said that the MLA Shiv Shanker Singh Chauhan wrote a letter to the CM and her office, in turn, issued instructions for his transfer at the behest of the MLA. He argued that the transfer order was illegal as it was passed under political pressure. The court found that the conversation recorded in the CD revealed criminal offence and therefore ordered director CB-CID to depute an IPS officer to probe into the matter.







Public interest, not procedural lapse, is paramount: HC
http://timesofindia.indiatimes.com/news/city/bangalore/Public-interest-not-procedural-lapse-is-paramount-HC/articleshow/5001005.cms
TNN 12 September 2009, 02:28am IST
BANGALORE: Despite procedural lapses, implementation of projects shouldn't be delayed. The law should take a backseat to give way to larger public interest. Making this observation, the high court on Friday dismissed a petition filed by Delhi-based Logwell Forge Limited, challenging a tender notification for supply of fastening systems for the Bangalore Metro project. The company had challenged the February 16, 2009, notification on procurement of safety equipment used on tracks. "Commercial interest of manufacturers should yield to greater public interest. Law should take a backseat to give way to larger public interest. The project should be implemented keeping in mind the safety of public at large... Time is fixed for the project to be completed. In spite of procedural lapses, implementation of the project should not be scuttled and delayed, and intervention from this court is uncalled for," Justice Mohanashantana Goudar observed. The petitioner had claimed that by specifying the use of VOSSLOH 336 fastening system, the BMRC had turned the entire process into a one-sided affair and wasn't following norms under the Karnataka Transparency in Public Procurement (KTPP) Act, 1999. The BMRC refuted the claims saying VOSSLOH 336 is approved by the railway board and being used in DMRC and Vhennai, and that they cannot take any chance when it comes to safety equipment. It also stated that the KTPP Act is not applicable to it and the petitioners are ineligible to be considered for procurement.







No depreciation on bourse membership card value, rules HC
http://economictimes.indiatimes.com/Personal-Finance/Tax-Savers/Tax-News/No-depreciation-on-bourse-membership-card-value-rules-HC-/articleshow/5001271.cms
12 Sep 2009, 0141 hrs IST, Almas Meherally, ET Bureau
MUMBAI: In A judgement that could have a bearing on the tax outgo of many stock brokers, the Bombay High Court on Friday ruled that depreciation cannot be claimed on stock exchange
membership cards, while calculating tax liabilities. The I-T Department’s contention was that a membership card is not capable of diminishing in value due to its use, wear and tear and obsolescence. Counsel Vimal Gupta, assisted by advocate Suresh Kumar, who argued for the department, submitted that the card was a personal privilege, and not a licence or a commercial right. The stock broking firms, they said, were not owners of the membership cards and thus could not categorise the same as capital assets. Counsel for the brokers pointed out to the court that like a licence, which is depreciable, a membership card entitles brokers to trade on the exchange. The rights conferred by the ownership of the stock exchange card constituted business or commercial rights and would therefore be entitled to depreciation, they said. According to Section 32 of the Income-Tax Act, depreciation can be claimed either in respect of tangible assets or certain intangible assets such as patents, copyrights, trademarks, or similar intangible assets. The division bench of Justice VC Daga and Justice JP Devadhar was hearing over a hundred applications filed by the I-T Department against brokers, including Techno Shares and Stocks, Credit Suisse, ICICI Brokerage Services, JM Morgan Stanley Fixed Income Services, Tata TD Warehousing Securities, Kotak Securities and Net Worth Stock Broking. They observed in the judgement that the membership card cannot be construed as a licence or a commercial right. The court held that Section 32 allowed depreciation on the listed categories of assets only and were related to acquisition or user of intellectual property rights, while disallowing depreciation on the cards.










HC seeks case diary of former minister
http://timesofindia.indiatimes.com/news/city/ranchi/HC-seeks-case-diary-of-former-minister-/articleshow/5000487.cms
TNN 11 September 2009, 10:00pm IST
RANCHI: The Jharkhand High Court on Friday sought the case diary of former minister Hari Narayan Rai, currently lodged in judicial custody, in connection with the disproportionate assets case. A single Bench of Justice N N Tiwari was hearing the bail petition of the former minister. The court said any arguments concerning the case could be heard only after the case diary is reviewed. Rai has moved high court, seeking relief after his bail plea was rejected by the vigilance court. He and another former minister, Enos Ekka, had surrendered in the vigilance court on August 17. Since then, both have been remanded in judicial custody. Both Rai and Ekka are accused in the disproportionate assets case. Meanwhile, the judicial custody of both has been extended till September 23 by the vigilance court. The 14-day judicial remand was to expire on Friday. Ekka is undergoing treatment at the Rajendra Institute of Medical Sciences (RIMS) at present, while Rai is lodged at the Birsa Munda Hotwar jail. On the other hand, the vigilance bureau is giving final touches to the chargesheet against the duo. This is likely to be filed early next week before the court goes on vacation.








Dawood's brother moves HC to get 'clean passport'
http://www.indianexpress.com/news/dawoods-brother-moves-hc-to-get-clean-passport/516310/
Agencies
Posted: Saturday , Sep 12, 2009 at 1148 hrs Mumbai:
Fugitive gangster Dawood Ibrahim's brother Iqbal Kaskar and his family members have moved the Bombay High Court seeking to remove an 'observation' on their passports that restricts their travel abroad.
Ministry of External Affairs had made the observation recently that their passports are "valid to travel between UAE and India only".
As a result, the family, currently settled in Dubai (UAE), cannot visit other countries.
The petition was filed last week by Iqbal (45), his wife Rizwana, daughters Hafsa and Kaniz Fatima, sons- Mohammed Rizwan, Aiman Iqbal Hasan and Mohammed Aaban.
As per the petition, when the Kaskars sought the removal of the restriction, the MEA told them that they should seek order to that effect from the court.
Iqbal, who was deported from Dubai in 2003, was later acquitted in a murder case and discharged in Sara-Sahara illegal construction case.
The petition mentions that currently no case is pending against him. The court early this week asked the MEA to reply in two weeks.







Anuradha murder: Witness says Noor told her she and Talla will get married
http://www.indianexpress.com/news/anuradha-murder-witness-says-noor-told-her-she-and-talla-will-get-married/516246/0
Aneesha Sareen
Posted: Saturday , Sep 12, 2009 at 0329 hrs Chandigarh:
Police term Talla’s extra-marital affair with model Noor Kataria as the reason behind the murder; in court, Noor has deniedany relationship with Talla
Adding weight to claims of the prosecution in the Anuradha murder case, a witness told the court on Friday that Anuradha’s husband Baljinder Singh ‘Talla’ — the alleged mastermind behind the murder — was introduced to her by model Noor Kataria as her boyfriend during her birthday party last year.
Talla allegedly had an extra-marital affair with Noor, which, according to the police, was the chief reason behind a dispute between the couple and led to the murder.
“I met Baljinder Singh Talla at Noor’s birthday party year at the Bains farmhouse in Mullanpur (a village near Chandigarh). Noor introduced Talla to me and told me that they would get married soon and settle in the US,” Saru Mahajan, who terms Noor a professional acquaintance, told the court.
During cross-examination by the defence counsel, the 26-year-old model denied that she was under the influence of the police and said she had never told anyone else before Friday that Noor told her she and Talla were getting married.
Saru’s statement assumes significance as Noor, a witness in the case, has denied having any affair with Talla.
She told the court in November last year that Talla was “just a friend” and he never proposed to marry her.
She was declared hostile by the court as her statement was in direct contrast to what she had told the police earlier.
Talla and Anuradha’s 11-year-old daughter, Osean Sandhu, has also turned hostile. She retracted from her earlier statement to the police that her parents had strained relations. She had told the police that Talla had tried to shoot Anuradha three years ago after a scuffle.
The girl had added that her mother wanted to accompany her father to a discotheque he was going to on the night of the murder. In court, however, Osean denied she ever made the statements.
The murder of Anuradha, a resident of Sector 38 West, took place on May 18 last year. Her husband Talla said he found her murdered after he returned from a discotheque.
The police accused the couple’s servant Nikku and his accomplice Ashok of murdering Anuradha, and arrested Talla for being the alleged mastermind.







Bizarre justicehttp://www.dailypioneer.com/202076/Bizarre-justice.html
PTI AllahabadBusinessman Moninder Singh Pandher, whose house in Noida was the scene of horrific rape and killings of several young girls and women nearly three years ago, was on Friday acquitted in one of the 19 cases by the Allahabad High Court which, however, upheld the death sentence for his domestic help Surinder Koli.The verdict was given by a division bench comprising Justices Imtiyaz Murtaza and Kashi Nath Pandey, on an appeal by 52-year-old Pandher and 38-year-old Koli, who had challenged the death sentence awarded to them on February 13 this year by the trial court in Ghaziabad.The judges, while allowing the appeal of Pandher and dismissing that of Koli, made it clear that the findings recorded by them were only confined to the murder of 14-year-old Rimpa Haldar, one of the 19 victims.While the acquittal was welcomed by Pandher’s son Karandeep, it was met with anger by Rimpa’s parents and other locals in Noida who targeted the media.The High Court acquitted Pandher but upheld the death sentence of co-accused and his servant Surinder Koli in the rape and murder of 14-year-old Rimpa Halder, one of the victims of the infamous serial killings in Nithari in 2007.The bench made it clear that this judgement will not affect decisions in other Nithari cases before the trial court. The court, while upholding the death sentence of Koli, who had admitted to have killed the girl, observed that the crime committed by him was “gruesome, heinous and cold-blooded”.“We would not forebear from expressing that the accused Surender Koli is a menace to the society,” it said.“The depraved and brutish acts of Koli call for only one sentence and that is death sentence. We agree with the reasoning of the Sessions judge awarding death sentence and affirm the same awarded to Koli," the bench observed.The cases came to light in December 2006 when the police raided Pandher's house following complaints by villagers that several of their children had disappeared.The duo were arrested for the murder of a girl, Payal, and later a total of 19 cases were registered by the police after human skulls, bones and clothes belonging to young girls were recovered from the house.The court, however, disagreed with the trial court's decision to award death sentence to Pandher, who was not charge-sheeted by the CBI and whom the Sessions judge had summoned invoking Section 319 of CrPC.Pandher's son Karandeep Singh, who was present in the High Court, said he was now looking forward to "justice in the remaining cases against his father".The High Court, he said, had sustained CBI's charge-sheet and "we are quite happy about that".Pandher's lawyer Manisha Bhandari said that she will try for bail for her client in view of the verdict.None of the family members of Koli or Haldar was present in the court. The High Court bench declined to remand the case against Pandher for retrial under Section 319, as requested by the complainant's counsel, saying, "We converge to the irresistible view that there is no evidence on record against him".The judges noted that the trial court had summoned Pandher mainly on the ground that a number of killings had taken place at his Noida residence from where an axe was also recovered at his instance.The court pointed out that Koli had, in his confessional statement, said that he had killed Haldar with a knife, not an axe, at a time when Pandher was abroad and no one else was present in the house.








SC preaches Gandhigiri to Centre, rescues NGOhttp://www.dailypioneer.com/201975/SC-preaches-Gandhigiri-to-Centre-rescues-NGO.html
Abraham Thomas New DelhiThe UPA Government may have got offended to Gandhi being called a ‘natakbaaz’, but it had no qualms in dragging to the court an institution named after the Father of the Nation and accusing it of anti-Government activities. But the Supreme Court came to the rescue of the organisation, calling it ‘sacred’ and dismissing the Centre’s petition.The Centre took the Gandhi Peace Foundation to court, charging it with ‘anti-Government’ activities and seeking their removal from the premises provided by the Centre to the organisation in the national Capital. But the court stayed the proceedings initiated by the Government to evict the NGO.Coming to the rescue of the NGO, having its office at Deendayal Upadhyaya Marg, the Bench of Justices BN Agrawal and GS Singhvi were critical of the notification of the Ministry of Urban Development asking the non-Government organisation, founded with the purpose to espouse the virtues professed by Gandhi, to vacate the building.The Centre had accused the foundation of carrying out ‘anti-Government activities’ by constructing staff quarters and servant quarters and further sub-letting the premises to other NGOs and organisations. As per the lease deed, this was not permitted, said AK Srivastava, the counsel appearing for the Centre.The apex court Bench was curious to know why the Centre should have proceeded with the eviction proceeding by levelling the charge of ‘anti-Government activities’. The Bench noted, “There is no dearth of people in this country who will call Gandhi anti-national.”Anguished by the hurry at which the Centre proceeded in the case against the foundation, it said, “These are sacred institutions…You cannot permit these institutions to be shut.”Srivastava, who pitched in for the absence of Additional Solicitor General (ASG) Indira Jaising, tried hard to save the day for the Centre by referring to the July 14, 2009 letter issued by the Ministry to the office-bearers of the institution. In the reply given by the foundation, Srivastava said the body had admitted to having sub-let the premises to other institutions and organisations. Even construction of staff quarters and servant quarters was not denied, he added.Rather piqued by the Centre’s haste to proceed against the foundation without giving them further opportunity, the Bench found a striking parallel in the Government’s inability to rein in unauthorised occupants in Government bungalows. “Eminent Government servants are qualified to be under unauthorised occupation for staying beyond the permissible period.” In a lighter vein the Bench added, “If such a notification (to evict all unauthorised occupants) is issued, 50 per cent Government quarters will fall foul.”On further enquiry, the court learnt that the constructions were undertaken at the premises in the 1960s. “Before passing an order, you (Centre) are required to consider their cause…unless you are able to establish that the cause shown by them is of no use,” the Bench said, before dismissing the petition.





HC directs police not to arrest Dhalihttp://www.dailypioneer.com/201998/HC-directs-police-not-to-arrest-Dhali.html
PNS BhubaneswarThe Orissa High Court on Thursday directed the State Police not to arrest BJD MLA Arbinda Dhali. However, the court asked the State police to go ahead with the investigation.After self-proclaimed daughter Sanjita Dhali moved the High Court against Arbinda, there was fear that the police might arrest him. Apprehending the arrest, Dhali moved the High Court and filed the bail petition. Earlier on September 1, the State Government had ordered a Crime Branch probe into the dispute between Biju Janata Dal MLA and former Minister Arbinda Dhali and Sanjita.Sanjita had also filed a case in the Mahila police station here alleging that Dhali had tortured her mentally and physically.






State releases 45 life convicts from jailshttp://www.dailypioneer.com/201942/Briefly.html
Bhubaneswar: As many as 45 life convicts have been released from different jails in the State as per the orders of Governor Murlidhar Chandrakant Bhandare, an official Press note said on Friday. The Governor passed the orders for the release of the life convicts on the basis of the recommendations of the State Sentence Review Board. According to the Government, all the 45 lifers had undergone the minimum of 14 years’ imprisonment. The recommendation for the release of the life convicts was made in view of their good conduct during their prison terms.





HC reiterates earlier order on improving power situationhttp://www.dailypioneer.com/202055/HC-reiterates-earlier-order-on-improving-power-situation.html
Ratnaker Bhengra RanchiThe Jharkhand High Court taking cognizance of the dismal power situation in Ranchi on Friday reiterated an earlier order wherein it had directed various State respondents to take steps for improving the power situation in the capital.A case regarding the power situation in Ranchi was filed in 2001 in the High Court. Later on it was taken up as a PIL and advocate Madhu Sudan Mittal was appointed to assist the court in the matter. The case had been pending for some time but has been taken up by the High Court more regularly in the recent months.On Friday when the matter was heard, Mittal, referring to another previous order of the court, informed that he has made a list of the possible things that can be done to improve the power situation. He also informed the court that by an earlier order various State respondents had been directed to take steps to improve the power situation in Ranchi. The order on May 1, 2008 had directed for ensuring electricity supply in the city of Ranchi, and towards that end old power plants should be repaired and new power plants commissioned. When the court was reminded of this order, VP Singh, advocate for JSEB, submitted that the order applied to many State respondents. Thereafter, the Division Bench of Chief Justice Gyan Sudha Misra and Justice DK Sinha directed that all respondents take steps to comply with this order and then proceeded to fix the next date of hearing as October 14.Meanwhile, in the bail application hearing of Hari Narayan Roy in the court of Justice NN Tiwari at the Jharkhand High Court, the court directed that the case diary in the matter may be brought to court on the next date. It will be recollected that the former Minister has been in jail, after he was compelled to surrender due to the lodging of cases pertaining to excess income and for possessing assets disproportionate to his income.






Justice Kandpal takes over as Chief Justicehttp://www.dailypioneer.com/201948/Justice-Kandpal-takes-over-as-Chief-Justice.html
Anupma Khanna DehradunJustice Bipin Chandra Kandpal, senior most Judge of the Uttarakhand High Court, has been appointed its Chief Justice. Bipin Chandra Kandpal’s appointment comes consequent to Justice Vinod Kumar Gupta’s retirement.Born on August 17, 1948, Justice Bipin Chandra Kandpal pursued his early education in Dehradun. Thereafter, he graduated in law from Agra University and joined the Allahabad High Court bar association in 1976. Six years later, he became Assistant Government Advocate at the Allahabad High Court. In 1986 began Justice Kandpal’s career in higher judicial service that took him to several places including Mirzapur, Varanasi, Rampur and Kanpur. After the bifurcation of UP, he was posted as District Judge, Dehradun in September 2001 before being elevated as Additional Judge of the High Court in 2004 and Permanent Judge in 2006. He has served as the Acting Chief Justice twice this year. It may be noted that in August a Supreme Court collegium had cleared the name of Justice JS. Khehar for elevation as the Chief Justice of the Uttarakhand High Court. However, as informed by credible sources, Justice JS. Khehar had expressed unwillingness to assume office at Uttarakhand High Court, prompting the appointment of Justice Kandpal.






HC to consider damages claim
http://www.telegraphindia.com/1090912/jsp/nation/story_11483981.jsp
OUR CORRESPONDENT
Cuttack, Sept. 11: Orissa High Court has decided to consider the legitimacy of a compensation claim, worth Rs 10 lakh, made by the widowed mother of Bhaskar Behera, giving fresh impetus to the 13-month-old controversy over the youth’s death, allegedly due to police brutality.
Bilasini Behera, 39, has demanded compensation for the death of her only child and family bread-earner. The mother’s plea is that police caused her son’s death on the night of June 14, 2007. “When her son opened the door to a police party led by ASI Narendra Kumar Das, he was forcibly dragged outside and the personnel slapped, kicked and assaulted him till he bled from the mouth.”
A two-judge bench of Acting Chief Justice I.M. Quddusi and Justice Sanju Panda yesterday issued a showcause to chief secretary, home secretary and Cuttack superintendent of police (rural). The respondents are to file responses before the case is taken up for hearing on October 19.
In February 2008, the high court had asked the State Human Rights Commission to inquire into the circumstances that led to the death of Bhaskar Behera of Rajnagar under Athagarh police station. The commission, while concluding the probe indicted the police and recommended the payment of Rs 1 lakh by the government as compensation.
Bhaskar’s body was brought dead at a local government hospital around 10pm on the night of June 14, 2007. The death had triggered a public outcry and a delay in the last rites by a day.
Commission chairman Justice R.K. Patra had recommended criminal proceedings against the personnel involved in the case.






Court directive not to transfer YPS property http://www.tribuneindia.com/2009/20090912/punjab.htm#16
Tribune News Service
Chandigarh, September 11In compliance with the Punjab and Haryana High Court directions, secretary-cum-school principal of Patiala-based Yadavindra Public School Association Stanley Vinod Kumar today undertook not to transfer the school property.
The association, certain that the Patiala municipal corporation would proceed with the auction of the main campus, had moved the court.
It had sought directions to the state of Punjab, the municipal corporation and the divisional commissioner against “coercive steps” to recover the alleged house tax. Acting on the petition, the court had stayed the operation of house tax sub-committee’s order, while asking the school to file an undertaking.
In the undertaking placed before Justice Permod Kohli this morning, it was stated that the school “shall not transfer property number 8160/511 of Yadavindra Public School, Patiala, in any manner whatsoever to any other party or third party during the pendency of the writ petition”.
It was further added: “The school shall not create any further lien, charge or alienate the property in any manner during the pendency”. The case will now come up for further hearing on September 23.
In its petition, the school had sought directions to the municipal corporation not to recover Rs 16,48,095 as “house tax” for the staff houses property adjoining the main campus during the pendency of the matter.






HC strictures against Haryana functionaries http://www.tribuneindia.com/2009/20090912/haryana.htm#10
Saurabh MalikTribune News Service
Chandigarh, September 11Haryana apparently wants “dead persons” to come alive and sign documents for retrial benefits. Taking exception to the “unreasonable” approach adopted by the Haryana Government, Justice Ranjit Singh of the Punjab and Haryana High Court virtually passed strictures against the state functionaries, while dismissing its petition with Rs 20,000 as costs.
The scathing observations against the state and its functionaries came in connection with a petition filed by Veer Bhan. Justice Ranjit Singh exclaimed: “How unreasonable the government functionary can be, may be noticed from this case. Veer Bhan’s wife Pushpa Lata died after prolonged illness. She was paralysed. In 2004, prior to her death, she sought voluntarily retirement on attaining the age of 54 years. Since she was suffering from paralysis, she could not visit the office to sign papers.”
Elaborating, Justice Ranjit Singh asserted: “What an attitude by a welfare state. Instead of realising their responsibility to pay the retiral benefits to the legal heir (her husband), the respondents would choose to contest the writ petition as well… instead of helping a person, who has lost his wife after illness, they created one problem or the other for him. It cannot be denied that petitioner, being a legal heir, is entitled to receive the pensionary benefits due to his late wife.”
Justice Ranjit Singh further asserted: “Even after two years, he is still seeking release of pensionary benefits. He is forced to approach the court as well. After the death of the wife, the person who is eligible to claim the benefit, would be entitled to seek and sign the necessary documents. Surely, a dead person cannot come alive to sign documents.”
Paving way for the grant of benefits by allowing the writ petition, Justice Ranjit Singh concluded since the petitioner has been unnecessarily made to file this petition, which will have been a cause of mental harassment and agony to him after the death of his wife, he is held entitled to exemplary costs, Rs 20,000.





Constable gets life term http://www.tribuneindia.com/2009/20090912/haryana.htm#14
Our Correspondent
Sonepat, September 11Constable Ashok of the Sonepat police has been sentenced to life imprisonment by District and Sessions Judge Virender Singh for burning his wife to death. The court has also imposed a fine of Rs 10,000 on him.
Ashok, a resident of Narnaul, was posted at the City police station, Sonepat, and was staying with his wife Geeta in the police residential quarters. On October 10, 2007, his wife Geeta was burnt to death and on a complaint of Geeta’s mother Sona Devi, a case of murder was registered against Ashok.





Contempt of CourtState’s plea against single judge order accepted http://www.tribuneindia.com/2009/20090912/j&k.htm#4
DS Chauhan
Jammu, September 11A Division Bench comprising Justice Hakim Imtitaz Hussain and Justice JP Singh of the High Court while setting aside the order of a single-judge Bench held that it was not permissible for the court to travel beyond the original order or give any additional directions, as that would amount to exercising a review jurisdiction while dealing with an application for the initiation of contempt proceedings.
While disposing of a writ petition filed by Mukar Lal Rathore and others, the single-judge Bench had directed the state School Education Department to consider their claims for appointment against Class IV posts within two months from the date a copy of the judgement was made available by the petitioners.
However, the failure on the part of the government to implement the directions contained in the judgement resulted in the initiation of contempt proceedings. The single judge on September 28, 2002, observed that the government was supposed to issue letters of appointment in favour of the petitioners. Those having committed contempt were given an opportunity to comply with the judgement and on its failure were directed to remain present in person before the court in October 2002. Feeling aggrieved, the state filed an appeal maintaining that the impugned directions were not in conformity with the original order as the writ court had never issued any directions for the issuance of letters of appointment.
“The court had only directed the consideration of the claims of respondent writ petitioners for appointment alone. The impugned direction is not in accordance with the direction issued on the main petition,” observed the Division Bench.
It, while allowing the appeal and setting aside the order impugned, requested the single judge to consider the contempt matter afresh and pass appropriate orders as may be required on the facts and circumstances of the case.





Sex ScandalStokes for judicial probe http://www.tribuneindia.com/2009/20090912/himachal.htm#4
Tribune News Service
Shimla, September 11Building up further pressure on the government on the “call girl” episode, Leader of the Opposition Vidya Stokes today demanded a judicial probe into the matter by a retired judge of the high court and immediate arrest of those involved.
Addressing a press conference here today she said the sordid incident had not only exposed the unholy nexus of officers and politician which had transformed “environment clearance” into a handy tool for achieving their corrupt motives.
This kind of moral turpitude was unknown in the state and if stern action was not taken in the matter, it would embolden such corrupt elements and bring in alien culture prevalent in the neighbouring states, she added.
She said while politicians were held accountable and often made to quit the position they were holding, officers virtually went scot-free.
Even in the present case, the officer had been merely shifted whereas he should have been suspended and chargesheeted.
She said Prime Minster Manmohan Singh had, during a recent meeting, expressed his concern over the rampant corruption in environment clearance and the scandal had blown the lid out of the murky happening in the environment department. Reports linking the episode to some hydropower project deal had also appeared and it was a very serious matter. Promoters of the projects were virtually hand to ransom by officers of agencies which was handed responsibility of granting clearance.
Stokes disapproved of the lavish style of the government functionaries who were spending huge funds on organising parties in the garb of various officials events. The Prime Minister had, repeatedly, underlined the need for politicians and bureaucrats for adopting an austere lifestyle.
She urged the government to set up a committee to look into various issues, particularly anomalies in the revised pay scales, being raised by employees.






Nalini moves court for premature release
http://www.hindu.com/2009/09/12/stories/2009091254100400.htm
Special Correspondent
CHENNAI: S.Nalini, a life convict in the Rajiv Gandhi assassination case, has moved the Madras High Court again seeking premature release.
In her petition, filed by S.Doraisamy and V.Elangovan, she said that as on date she had completed 18 years, two months and 26 days in prison. Nalini (43) said she filed a writ petition earlier against the Tamil Nadu government’s order of October 2007 rejecting her request for premature release and seeking a direction to the government to release her. In its order, the court quashed the proceedings of the Advisory Board and directed the government to reconsider her request for premature release by a validly constituted board and to submit a report to the government. On receipt of the report, the government should pass appropriate orders. Nearly one year had lapsed after the order was passed, but the government had not reconstituted the board. The only reason for not considering her for premature release was that she was involved in the murder of Rajiv Gandhi. She had been made a scapegoat for “political reasons.” Even the victim’s daughter, Priyanka Gandhi, who came from New Delhi and met her in Vellore Prison had told her that she had forgiven her, she said.
Under such circumstances, there could not be any specific reason to keep her inside the prison. She made several requests to the government requesting them to constitute a committee as per the High Court’s order. She prayed the court to constitute a validly convened advisory board and to submit a report to the government and take a decision on her premature release within the prescribed time specified by court. The interim prayer was a direction to the government to release her prematurely either under Article 161 of the Constitution or under Section 433 and 433 A of Cr.P.C, pending disposal of the writ petition.





Land acquisition at Gottigere stayed
http://www.hindu.com/2009/09/12/stories/2009091258890300.htm
Staff Reporter
BANGALORE: The Karnataka High Court on Friday stayed the acquisition of 13.07 acres at Gottigere for the formation of an interchange under the Bangalore-Mysore Infrastructure Corridor (BMIC) project.
Justice B.S. Patil passed the order on petitions by Sujatha Vijay, Sujay Reddy and Vijayaraghavan, all residents of Bangalore. They had challenged a notification of September 7, 2009 issued under Section 28 (6) of the Karnataka Industries Area Development (KIAD) Act to acquire land at Gottigere.
The petitioners contended that the court had on September 3 ordered the Nandi Economic Corridor Enterprise (NECE) to maintain status quo on the acquisition of land. However, on September 7 NECE, which is implementing the Bangalore-Mysore Expressway project, had sought to acquire the lands.
They said the property sought to be acquired did not fall under the original alignment which was approved by the Public Works Department. They said even the alignment of the peripheral road had been illegally shifted.
Mr. Justice Patil, in an interim order, stayed the acquisition of land and posted the case for September 14 for further hearing.





RTI kiosk
http://www.hindu.com/2009/09/12/stories/2009091253650400.htm
Bangalore: The State Government has opened a RTI Kiosk at the Government multi-storeyed buildings to cover the offices in Vidhana Soudha, Vikasa Soudha and MS Building. The new kiosk is located at Ground Floor (next to BangaloreOne), V Stage, MS Building, Dr. Ambedkar Veedhi, Banaglaore -560001. For guiding Citizens on RTI, a help line is also functioning at 65734444. — Special Correspondent






Corporation directed to comply with RTI Act
http://www.hindu.com/2009/09/12/stories/2009091251130300.htm
Staff Correspondent
HUBLI: Taking exception to the delay and the alleged negligence of the Hubli Dharwad Municipal Corporation (HDMC) in providing adequate information to an applicant under the Right to Information Act, Information Commissioner H.N. Krishna has directed the corporation to comply with the guidelines and provide adequate information to the applicant within 30 days.
Physician M.C. Sindhur of Vidyanagar, Hubli, had, on April 3, 2009, sought through an application under the Act a copy of a catalogue and list of files maintained as per section 4(1)(a) of the Act, 2005 in electronic format.
However, the corporation failed to provide information to the applicant under the specified 30 days. It was only on June 22, 2009 (after 48 days) that the corporation sent a compact disc (of 1.65 MB) containing 23 files, which, however, did not have complete information. After going through the information provided to Karnataka Information Commission, Mr. Krishna observed, during a hearing on August 13, that, although the corporation had 12 zones in the twin cities, the compact disc provided to the applicant did not have any information on them.
Taking it seriously, he directed the Public Information Officer of the corporation to act according to the guidelines of the Act. The Information Commissioner also directed the corporation Commissioner P.S. Vastrad to direct the Assistant Commissioner (Administration) of the corporation to complete the process within 30 days and provide a compact disc with appropriate information to the applicant within the specified time.
He directed B.S. Sangareshkoppa (Assistant Commissioner-Administration) to be present on the next date of hearing at 11 a.m. on November 12.





High Court quashes appointment of lecturers
http://www.hindu.com/2009/09/12/stories/2009091255220700.htm
University told to conduct selection from among candidates who have applied
Kochi: A Division Bench of the Kerala High Court has quashed the selection and appointment of four candidates to the post of lecturer in philosophy in the Sree Sankaracharya University of Sanskrit.
The Bench of Justice K. Balakrishnan Nair and Justice P.S. Gopinathan quashed the selection while allowing an appeal filed by Bindhu and another candidate against a single judge verdict rejecting their writ against the selection process. The court ordered the university to conduct the selection from among the candidates who have applied in accordance with the law and complete the selection process within six months. The court directed that till the regular selection and appointment was completed, the four candidates should be allowed to continue as temporary hands.
The petitioners said while participating in the interview held on May 3, 2006, they found that the selection committee was not constituted in accordance with the statutes. They alleged that the two experts included on the selection committee could not be treated as outside experts. Besides, guest lecturers working in the university were granted age relaxation by treating them as persons under the teaching service of the university. In fact, the selection was conducted to regularise the appointment of the four: P.I. Devarajan, P. Unnikrishnan, M.N. Babu, and C.P. Vilasini, all guest lecturers.
The single judge had dismissed the writ petition filed against the selection, saying that the selection process was proper.
The court said that the statutory provision for including two outside experts on the selection committee had clearly been violated. The provision for including two outside experts was a mandatory provision.
As for the age relaxation given to the guest lecturers, the court said that a person could be treated as a member of the service of the university only if he/she was appointed substantively to a vacancy in a cadre post in the service. Normally, it should be preceded by a regular selection. Some persons were able to function as guest lecturers in the university. The same could never be treated as a ground for extending special favour to them. Going by the statute, the relaxation was meant for those working on a regular basis in the university as teachers.






SHRC to seek explanation from govt
http://timesofindia.indiatimes.com/news/city/bangalore/SHRC-to-seek-explanation-from-govt/articleshow/5000997.cms
TNN 12 September 2009, 02:25am IST
BANGALORE: The State Human Rights Commission (SHRC) will issue a notice to the government, seeking an explanation as to why it's unable to pre-empt attacks on churches in the state. An SHRC team visited the church in Hebbugodi on Hosur Road on Friday. Justice R H Raddi, part of the team, said they spoke to priests, locals and the jurisdictional police. "The SHRC condemns the attack. It is a violation of the Christian community's rights and an attempt to stoke communal discord. The government shouldn't tolerate such elements and must bring them to book at the earliest to show it can act swiftly," he said. Justice Raddi said they will issue a notice to the government. "We want them to explain why such attacks continue. The home ministry must ensure communal amity. The ministry should act against individuals or organizations responsible for the attack. The government has a constitutional obligation to ensure the rights of all are protected. It should discharge its duty and create confidence in the people that social harmony will be maintained." The panel has already made a series of recommendations to the government on last year's church attacks in Mangalore, Kolar and Davanagere. "Measures to preserve law and order have been outlined. One major initiative could be the involvement of locals." Priests told the team that the attack happened early morning when they were asleep in quarters behind the church. They said people in the locality have been living in peace and harmony for years and there was no history of tension in the area.






Nano land dispute: File civil suit, SC advises Sanand farmers
http://timesofindia.indiatimes.com/news/city/ahmedabad/Nano-land-dispute-File-civil-suit-SC-advises-Sanand-farmers/articleshow/5000908.cms
TNN 12 September 2009, 03:42am IST
AHMEDABAD: The land dispute in connection with the plot allotted to Tata Motors for Nano car project near Chharodi village in Sanand might take a new turn with Supreme Court on Friday holding that the only remedy available to this controversy is a civil suit. After hearing a special leave petition against Gujarat High Court's order dismissing farmers' claims on land compensation, a division Bench of Justices RV Raveendran and Justice B Sudershan Reddy refused to interfere with the high court order. But, the judges told petitioners - residents of Khoda village - Jeetsinh Waghela and others that the case is highly disputed and the title of the disputed land has to be established first. The court also noticed that the issue of notification is also a contested one and the entire case is a matter of evidence. Refusing to interfere in the high court's order, the division bench, however, orally observed that if the petitioners file a civil suit, high court's order will not be pressed into service. And, the trial court could decide the issue, said petitioners' counsel Yatin Oza. The controversy regarding compensation reached the high court immediately after 1,100-acre land from Northcotepura farm was handed over to the company for the car project. Government maintained that the plot was acquired way back in 1911 through a notification issued in 1909 by the revenue department of Bombay Province. But, villagers of Khoda and Bol laid claims on land and sought compensation. A division Bench in high court dismissed the farmers' petitions earlier this year.






Media trials should be curtailed: CJ
http://timesofindia.indiatimes.com/news/city/ahmedabad/Media-trials-should-be-curtailed-CJ/articleshow/5000897.cms
TNN 12 September 2009, 03:51am IST
AHMEDABAD: Media trials have created a far-reaching effect on the judicial system in the country, this was stated by Gujarat High Court Chief Justice KS Radhakrishnan while inaugurating the three-day media training programme at Gujarat National Law University (GNLU) on Friday. The chief justice said that media trial not only affected the people but also affected lawyers
involved in the case as well as the judiciary. He called upon imposing restrictions on the media. He said that media coverage which affect the judicial system should be restricted by self-imposed code of conduct or by legislature. He further said that media generated a strong public opinion thus forcing the judiciary to get carried away. Such coverage has a far reaching impact. Citing example of the recent controversy of the declaring assets by the judges, he said that the Supreme Court succumbed to public opinion over the issue which was created by the media and issued direction to the judges to declare their assets. He said that these directions came prior to the verdict of the Delhi High Court which was hearing the petition. He further said that media trial not only affects judiciary but also the victim, the witness as well as accused associated with the case. Such media trail also puts undue pressure on judges, said the chief justice. Leader of Opposition in the Rajya Sabha, Arun Jaitley, who was also present at the inaugural added that restriction on media especially the electronic and internet media will prove ineffective. He said internet and electronic media were beyond censorship. "The age of censorship is gone and regulation upon media are all most got over," said Jaitley.








Babla case shifted
http://timesofindia.indiatimes.com/news/city/chandigarh/Babla-case-shifted/articleshow/5000962.cms
TNN 12 September 2009, 03:33am IST
CHANDIGARH: District and sessions Judge RK Garg, on Friday, shifted the case of municipal councillor Davinder Singh Babla to the court of additional district and session judge RK Sondhi. Complainant Suraj Parkash Ahuja, a resident of Panchkula, had questioned the bona fides of the proceedings under which Babla had been granted bail. In his petition submitted to the high court, the complainant stated that Babla’s bail application was filed on August 26 but no notices were issued to the public prosecutor and he was subsequently granted bail the same day. The court gave the petitioner liberty to approach the lower court, following which, the complainant filed his application. The police had booked Devinder Singh Babla, MC councillor and former chairman of the market committee, and Rakesh Saini, president of the Arhtiya Association of the Grain Market on August 19, for allegedly allotting platforms in the market to 10 ineligible persons. Suraj Parkash Ahuja, a shop owner, had later lodged a complaint in this regard.





After complaint, PU to give info on 48 items excluded from RTI
http://timesofindia.indiatimes.com/news/city/chandigarh/After-complaint-PU-to-give-info-on-48-items-excluded-from-RTI/articleshow/5000966.cms
TNN 12 September 2009, 03:30am IST
CHANDIGARH: After a complaint by Nitin Goyal of Chandigarh to the Central Information Commission (CIC), New Delhi, regarding non-disclosure of information on 48 items in the handbook of Panjab University under RTI, the university authorities have decided to remove its impugned list. Goyal had earlier served a legal notice upon vice-chancellor and registrar calling upon them to withdraw the 48-item list. At that time, the university had tried to justify its list, but now, the university has informed the CIC and the complainant that after the complaint the matter was referred to the standing committee, which met on August 31 and recommended that no such list should be exhibited in the University Handbook of Information. PU has also accepted Goyal’s demand of providing information to all those whose RTI applications were earlier denied or delayed by the university on the basis of this impugned list. An endorsement to this effect has been sent to all the Public Information Officers of the university. Goyal said the matter is still pending before the CIC, however the university has scrapped the items earlier excluded by university under RTI. He further said he would not withdraw his complaint until the university provides complete information to all applicants whose RTI applications were denied in the past.








Court convicts one for rash driving
http://timesofindia.indiatimes.com/news/city/goa/Court-convicts-one-for-rash-driving/articleshow/5001529.cms
TNN 12 September 2009, 06:00am IST
PANAJI: The judicial magistrate first class, Panaji, recently convicted and sentenced one Laximan Pawar to undergo simple imprisonment for one year for driving a van in a rash and negligent manner and causing the death of a motorcycle rider at Ribandar in 2005. Assistant public prosecutor S Mandrekar argued that the accused had driven the four-wheeler in "fast speed" and knocked down rider G Pereira on August 16, four years ago. She pointed out that the negligence of the accused caused Pereira's death. The defence contended there was no intention to cause the death and pleaded leniency in the matter. "The road where the accident took place is a national highway. It was the duty of the accused to take necessary care and caution. The evidence brings out that the accused was driving the vehicle in a rash and negligent manner," judge Edgar Fernandes noted. The court also held that a witness brought to light that Pawar was driving the van "fast and in a zigzag manner and dashed against the motorcycle". It was further revealed that the van landed in the compound of a property situated six metres from the road, the judge said and termed it as a high degree of rash and negligence. The court thus held Pawar guilty under section 304 A of IPC (causing death by rash or negligent manner) and sentenced him to undergo imprisonment for one year. Under section 279 of IPC (rash driving) he has to serve a sentence of imprisonment for six months. On both counts he has to pay a fine of Rs 5,000.









Court stays chargesheet against Aires
http://timesofindia.indiatimes.com/news/city/goa/Court-stays-chargesheet-against-Aires/articleshow/5001532.cms
TNN 12 September 2009, 06:01am IST
PANAJI: Additional sessions judge, Mapusa, Bimba Thaly, on Friday stayed the proceedings of a chargesheet, allegedly filed for the second time, against Aires Rodrigues in a case of criminal intimidation dating back to 2004. Rodrigues claimed he was acquitted in the matter by a JMFC court in April this year and under section 300 of the code of criminal procedure, could not be tried for the same offence again. The initial chargesheet, Rodrigues said, was filed because he led an agitation demanding action against the then parish priest of Ribandar for an alleged molestation. He prayed that the second chargesheet, recently filed by police in the court of the chief judicial magistrate, be stayed. While public prosecutor Shiral Monteiro opposed the staying of the proceedings, the court granted the same. The matter will come up for hearing on September 30.









Jaipur schools ignore SC norms
http://timesofindia.indiatimes.com/news/city/jaipur/Jaipur-schools-ignore-SC-norms/articleshow/5001058.cms
TNN 12 September 2009, 05:56am IST
JAIPUR: The tragic incident which claimed the life of five girl students in Delhi due to breach of Supreme Court norms on School Building Code (SBC) has frightened parents in Jaipur whose children are studying in similar schools. The education department estimates that more than 500 government and private schools in the city failed to comply with the apex court directives for fire safety measures in schools. As per the SC directives on National Building Code of India every school should have emergency exits along with fire extinguishers. The education officer confirmed almost a third of government schools in the district do not have a fire extinguisher which is compulsory for them. "We have informed the government and private schools of the SC code on building. Now they are accountable for any mishaps," claimed B S Rawat, district education officer (DEO). The education department expressed their inability to carry to out any action against the defaulting schools due to busy schedule. "More of less every department officer is engaged with additional work related with promotions and rationalisation of teachers and students," a senior officer claimed. There are reports that more than a hundred schools in the city face the problem of flooding in the rainy season, especially schools running in the slum areas. "The rain water is often not pumped out from many schools. The students were forced to wade through water to reach their classes," added Rawat. The officials claimed they inspect all government schools before the beginning of a new session to identify schools that need alteration. "Those schools which are identified as unfit for students remain closed till the alteration is completed," said B S Rawat. Private schools accuse the education department of not apprising them on the apex court guidelines. The SC says that every school should have a school safety advisory committee to draft emergency response plans according to the structure of the building. However, barring a few schools most aren't aware of the guidelines.







Court orders fresh probe into national flag insult allegation against Modi
http://timesofindia.indiatimes.com/news/city/jaipur/Court-orders-fresh-probe-into-national-flag-insult-allegation-against-Modi/articleshow/5001065.cms
Abhinav Sharma, TNN 12 September 2009, 05:49am IST
JAIPUR: A city court on Friday directed the police to reinvestigate the alleged dishonour shown to the national flag by Indian Premier League (IPL) chief Lalit Modi and his VIP guests by using it as a table cover during a match. The court took notice of the fact that the police filed a final report stating that no case is made out, merely on the basis of a reply sent by Modi to the local police. The matter relates to the India-Pakistan match of IPL season one held at SMS Stadium on November 18, 2007, when Modi's guests were allegedly served wine in the VIP lounge and the Indian tricolour was used as cover on the table on which wine was served to them. The matter took a violent turn at that time when a local organisation, Nagik Morch, staged strong protest against Modi. Its president Kamlesh Sharma filed a complaint with the magistrate alleging that Modi along with Subhash Joshi, Vimal Soni and other guests in the VIP lobby of the stadium took alcoholic drinks on the national flag which was a sheer disregard to the national honour. The court then sent the complaint for investigation to the Jyoti Nagar police station and an FIR was lodged on November 28, 2007. Counsel for the complainant Ajay Kumar Jain alleged, "Instead of investigating into the case thoroughly, the police wrote a letter to Modi seeking to know whether such an incident ever took place. Then, simply on the basis of written denial of Modi, police filed a final report on November 26, 2008, stating that no case is made out." After going through the report of the police, city additonal chief judicial magistrate no 4 Jagmohan Aggarwal found the allegations to be true and held that the investigaiton was not proper and fair. "The court then directed the police to change the investigation officer and assign the matter for reinvestigation to a senior police official," said Jain.








One convicted for forcing a girl to suicide
http://timesofindia.indiatimes.com/news/city/kanpur/One-convicted-for-forcing-a-girl-to-suicide/articleshow/5000369.cms
TNN 11 September 2009, 09:35pm IST
KANPUR: The fast track court number II of Kanpur Nagar on Friday convicted one Susheel Sharma for forcing a girl to commit suicide and sentenced him to seven years of rigorous imprisonment, along with a fine of Rs 500. According to prosecution case, Susheel Sharma, a resident of Gandhi Nagar, Seesamau, used to tease his neighbour's teenaged daughter. Later, he also tried to force her into an illicit relationship. The girl, instead to complaining to her parents, committed suicide. However, she left a suicide note, on the basis of which the case was fought.







High court hears Modi bail pleas
http://timesofindia.indiatimes.com/news/city/kolkata-/High-court-hears-Modi-bail-pleas/articleshow/5001185.cms
12 September 2009, 05:33am IST
KOLKATA: Calcutta High Court on Friday concluded hearing on three bail petitions by Vedic Realty MD Rajkishore Modi. He was arrested on August 29. Modi moved the high court after his bail pleas were turned down by the chief judicial magistrate of Barasat on August 30 and September 1. Tara Sankar Nath had lodged a complaint with Rajarhat police alleging that Modi had grabbed a plot owned by him. In another case, Modi was slapped charges under Sections 447/304 and 74 on a complaint by Angurbala Naskar. In another case, Manirul Sardar complained that his brother had died in Gaffar Mollah and his associates' firing.







Seven awarded life term in separate cases
http://timesofindia.indiatimes.com/news/city/patna/Seven-awarded-life-term-in-separate-cases/articleshow/5000216.cms
TNN 12 September 2009, 07:02am IST
SAMASTIPUR: Fast-track courts here have awarded life imprisonment to seven persons in two separate cases. On Thursday, the Fast-Track Court-IV sentenced two persons Shankar Mahto and Mukesh Mahto of Dalsingsarai to life imprisonment and slapped a fine of Rs 25000 on each of them under Sections 302/34 of the IPC for murder and concealment of body of one Ajay Kumar of Pagra village under the same police station of the district. In another case, the Fast-Track Court-II on Wednesday awarded life imprisonment to five persons in a murder case committed in Bachholi village under the Khanpur police station of the district on March 3, 1999. According to the prosecution, the accused persons Sitaram Mahto, Yadu Mahto, Umesh Mahto, Suresh Mahto and Kusheshwar Mahto shot dead Ram Parvesh Mahto of the same village while he was sitting with others in front of his house. Old enmity was stated to be the reason behind the murder. During the trial, one of the accused persons, Ramprit Mahto, died while two others, Upendra Mahto and Ashok Mahto, were released by the court for want of evidence.










2 get life for murder
http://timesofindia.indiatimes.com/news/city/patna/2-get-life-for-murder/articleshow/5001131.cms
Chandra Bhushan Pandey, TNN 12 September 2009, 06:59am IST
MOTIHARI: Two persons were sentenced to life on Thursday for the murder of Sonu Kumar almost five years ago. Shyam Kishor Sah, additional district judge of the third fast track court here, also slapped a fine of Rs 10,00 each on Shatrughan Thakur and Sujit Kumar and ordered the amount to be paid to Sonu's mother. The prosecution said 30-year-old Sonu of Sisawa Ajagari village under Banjaria police station in East Champaran district was abducted and brought to Motihari by Thakur and Kumar on October 27, 2004. When his son did not return, Sonu's father lodged a missing persons's diary with Banjaria PS. Then, Thakur, who later confessed to his crime, was arrested. Based on his statement, Kumar was also arrested. Sonu's body was later recovered from the bank of Dhekaha near Motihari. He had been killed and buried there by the two. 10 yrs' RI in dowry death case: One person was sentenced to 10 years' rigorous imprisonment in a case of dowry death on Thursday. Second fast track court judge Kapildeo Singh sentenced Anil Prasad of Shyampur village under Adapur police station in East Champaran district for the murder of his daughter-in-law Rimjhim Devi over dowry. She was murdered on November 4, 2006, at her home. Bed Prakash, her father, lodged a case against Anil Prasad, who had demanded Rs 50,000 as dowry from him. Prasad even threatened him with dire consequences if the demand was not met.








High court summons Patna DM
http://timesofindia.indiatimes.com/news/city/patna/High-court-summons-Patna-DM/articleshow/5001606.cms
TNN 12 September 2009, 07:10am IST
PATNA: The Patna High Court on Friday directed the Patna DM to appear before it and explain the action taken to check noise pollution in the city. A division bench comprising Chief Justice P K Misra and Justice Anjana Prakash issued the directive while hearing the PIL of a senior citizen, Balram Sharma, who submitted that the government was doing nothing to check noise pollution in accordance with the relevant Act and Rules. The court fixed September 15 as the next date of hearing of this PIL. The petitioner submitted that there had been no effective implementation of the provisions of Loudspeaker Act and the Noise Pollution (Regulation and Control) Rules, 2000. He also sought penal action against the authorities concerned for not enforcing the provisions of the Act and Rules in this regard. The Bihar State Pollution Control Board submitted that it had taken steps to check noise pollution, which, currently, was in accordance with the acceptable norms. Directive to ICSE: A division bench comprising Justice Shiva Kirti Singh and Justice Jyoti Saran on Friday directed the Indian Council of Secondary Education (ICSE) to file a counter-affidavit to a PIL, stating therein whether its audit reports suggest profits earned in conducting ICSE examinations. The order was passed on the PIL of Sudhir Kumar Ojha, who submitted that the ICSE schools, of late, had started charging examination fees and other fees related to examinations in an exorbitant manner on the plea that the ICSE board had enhanced the fees manifold. The petitioner’s counsel, V K Singh, submitted that by enhancing the examination fees, the ICSE board had started earning profit, which is not allowed. Government pleader Manu Shankar Mishra submitted that the state government gives certificate to ICSE schools on its established principle that schools were opened to impart education and not for earning profit. The ICSE counsel, Amaresh Kumar, and the central government’s counsel, Vinay Kumar Pandey, accepted notice on the court directive. Debt recovery tribunal: The Debt Recovery Tribunal (DRT) Advocates’ Association on Friday welcomed its new presiding officer U C Mohanti at a get-together organised ahead of the Durga Puja. Those present on the occasion included the DRT recovery officer, Naresh Kumar, registrar Prabhu Singh and lawyers K K Sinha, Mukundji, Gopal Krishna Agrawal and S D Sanjay.







SC grants bail to Mankar
http://timesofindia.indiatimes.com/news/city/pune/SC-grants-bail-to-Mankar/articleshow/5001072.cms
TNN 12 September 2009, 04:30am IST
The Supreme Court on Friday granted bail to PMC corporator Deepak Mankar in an alleged dacoity case. The order was passed by a division bench of justice Markandey Katju and justice Asok Kumar Ganguly. The suspended vice-president of the city unit of the Congress party, Mankar had moved the SC as the Bombay High Court had rejected his bail application on August 28. The SC order said: "The petitioner shall be enlarged on bail in connection with crime no. 150/2009 of the Khadak police station, Pune, to the satisfaction of the trial court". The SC has issued a notice to the Pune police, directing them to file their written statement on Mankar's bail application on the next date of hearing. With the SC order, Mankar will now be released from the Yerawada central jail as he had already obtained bail in all other cases.