Apex court halts order on Uttar Pradesh civil service exams
http://www.sindhtoday.net/news/1/56172.htm
October 1st, 2009 SindhToday
New Delhi, Oct 1 (IANS) The Supreme Court Thursday suspended an Allahabad High Court order which had scrapped the results of the Uttar Pradesh civil services preliminary examination for 2007 that had introduced quota for Dalit and backward category candidates.
A bench of Chief Justice K.G. Balakrishnan temporarily halted the high court’s Aug 30 order on a lawsuit by the Uttar Pradesh government challenging it.
The lawsuit had contended that the high court order has not merely brought the entire three-stage selection process of the state’s civil services for the year to naught but also cast doubts over the legality of the results of various other examinations for state jobs.
The high court had scrapped the preliminary examination result Aug 30 on a lawsuit by candidate Dhananjay Singh and others, challenging the state government’s decision to reserve seats for Dalit and backward category candidates during the preliminary examinations.
The high court stayed the preliminary examination, ruling that the introduction of quota for Dalit and backward category candidates at this stage was not legally justified.
The high court division bench of Justice Amitav Lala and Justice Umanath Singh had also asked the state government to conduct the examination afresh within a month.
While staying the Allahabad High court order, the apex court bench, which included Justice P. Sathasivam and Justice B.S. Chauhan, issued notices to petitioner Dhananjay Singh and others, seeking their replies to the state government’s lawsuit within four weeks.
In his lawsuit, Dhananjay Singh had pointed out that to provide reservation to Dalit and backward category students, the Uttar Pradesh Public Service Commission had changed its rule for holding preliminary examinations for 2007.
He said to provide the quota, the Commission had fixed different cut off marks for different categories of candidates.
The cut off marks for general category candidates was fixed at 347.25, while for the backward, Scheduled Caste and Scheduled Tribe candidates it was fixed respectively at 345, 308.75 and 242.19.
Citing an apex court ruling in the case of Andhra Pradesh Public Service Commission versus Balaji, the high court had ruled that as per the Uttar Pradesh Public Service Commission’s rules and regulations, the preliminary test is not meant to select the candidate for the state job.
It is merely a process to screen the most eligible candidates who appear for the civil service examination in huge numbers, the high court had ruled.
The candidates are eventually selected for the state job on the basis of the main examination and the interview, the high court had reasoned.
It had also directed that if the requisite number of backward and Dalit category candidates fail to clear the preliminary tests, the joint and common cut-off for all candidates should be lowered rather than having different cut-offs for different categories.
The UPPSC had issued the advertisement for the 2007 State Civil Services Examination in March 2007 and held the preliminary examination in September that year. The results were declared in February 2009 and the main examination for 2007 were held in July-August 2009.
But the high court’s Aug 30 order had rendered the main examination meaningless. [LM1]
SC not to interfere with HC move to allow RIL plea
http://timesofindia.indiatimes.com/news/india/SC-not-to-interfere-with-HC-move-to-allow-RIL-plea/articleshow/5075494.cms
PTI 1 October 2009, 12:14pm IST
NEW DELHI: The Supreme Court on Thursday refused to interfere with the Bombay High Court decision to allow RIL to amend its petition related to the gas dispute with state-run NTPC. However, the apex court allowed NTPC to file a reply to deny the allegations, if any, levelled by RIL in its amended written statement. The bench headed by Chief Justice K G Balakrishnan also directed the high court to dispose of the matter expeditiously. NTPC had moved the Supreme Court challenging the Bombay High Court's decision that allowed Reliance Industries to amend its petition on the gas dispute saying the government's policy would render the deal with power PSU infructuous. The power PSU had sought 12 mmscmd gas from RIL, which had emerged winner in an international competitive bid quoting a price of USD 2.34 per mmBtu. But RIL now says the government's policy on gas utilisation could frustrate the deal.
Kerala HC wants probe into 'love jihad'
http://www.indianexpress.com/news/kerala-hc-wants-probe-into-love-jihad/523630/0
Shaju Philip
Posted: Thursday , Oct 01, 2009 at 1012 hrs Thiruvananthapuram:
Kerala has a new concern: “love jihad”. The state High Court on Wednesday directed the Kerala Police and Union Home Ministry to probe the alleged movement, under which young Muslim boys reportedly target college girls for conversion by feigning love.
The court also asked the state and Centre to look into the sources that “fund” the love jihad, the number of girls who have got “trapped in the racket” in the past three years and its extremist links, if any.
Justice K T Sankaran was hearing anticipatory bail applications of two Muslim youths, accused of “luring” two MBA students into marriage for reportedly the purpose of religious conversion. The court rejected their bail pleas.
The two youths were allegedly associated with Campus Front, a student outfit of the right-wing Muslim organisation Popular Front of India (PFI).
Earlier this month, the parents of the two girls had filed a habeus corpus in the high court after their daughters were found missing. On being produced in court, the girls deposed that they were “trapped” by the youths and forced to convet to Islam. Allowing them to go with their parents, the court had asked the police to probe the charges of forced conversion after trapping girls in love affairs.
The students, originally residents of Kochi and Thiruvananthapuram, had been studying in a college in Pathanamthitta. According to them, one of them fell in love with a senior and eloped to marry him. This senior allegedly “handed over” the other girl to his friend. The girls told the court that they were taken to a centre in Malappuram where they were given literature and shown visuals promoting religious extremism.
Police officials admit that there are cases of girls having been converted forcibly or “trapped” into adopting Islam. “The groups focused on girls from well-settled families, a majority of them Hindus,” sources said.
Senior PFI leader Naseerudheen Elamaram refuting charges against his organisation said, “Religious conversion is not a crime; conversion takes place to Hinduism and Christianity also... One cannot paint all love affairs as cases of forced conversions meant for extremist activity.”
Shiney Ahuja gets bail in rape case
http://www.indianexpress.com/news/shiney-ahuja-gets-bail-in-rape-case/523822/0
Agencies
Posted: Thursday , Oct 01, 2009 at 1641 hrs Mumbai:
The Bombay High Court granted bail to actor Shiney Ahuja in the case of alleged rape of his domestic help but ordered him to stay in Delhi till the trial begins.
Justice A P Deshpande enlarged the actor on payment of Rs 50,000 cash with a condition that he would stay in Delhi and report to the nearest police station regularly.
On a query by the Court, the actor's lawyer said Shiney hails from Delhi and he may be allowed to stay there.
The court ruled that Shiney would be permitted to come to Mumbai only during the trial.
The actor was asked to surrender his passport and refrain from offering any inducement to witnesses, directly or indirectly and warned against tampering with evidence.
The actor was allowed to be released on cash bail of Rs 50,000 but he will have to provide one or two sureties of like amount within a period of three weeks.
Shiney was arrested on June 15 after his maid lodged a complaint with Oshivara police station that the actor had raped her at his residence. The wife and child of the actor were not at home when the alleged incident occurred.
Earlier, the actor's bail plea had been rejected twice by the lower court. Being aggrieved, he moved the High Court.
The actor may be released from Arthur Road jail this evening after he pays the surety, his lawyer said. Shiney has five films in hand, namely, 'Migration', 'Har Pal', 'Chalo Movie', 'Accident' and 'Take two', Bollywood sources said.
Police has filed a 109-page chargesheet against Shiney accusing him of raping his domestic help at his residence.
Shiney's lawyer Shirish Gupte and Srikant Shivade argued that evidence indicated a consensual sexual intercourse between the actor and the complainant girl.
"I (Shiney) am not a saint in a sense, but not a rapist," said advocate Gupte, representing Shiney.
Gupte argued that medical and other evidence suggested that intercourse was entirely with the girl's consent. "She was habituated to this (intercourse)", he contended, saying that "she had history of closeness to men".
Gupte said that as per medical reports, there were no injuries on Shiney's body, barring one between two fingers of hand. "It could be love-bites... or she clutched his hand very hard," he said, adding that had the girl resisted, she could have scratched Shiney's face, or upper body, and face.
Gupte also alleged that on the night before the incident, the girl had called on Shiney's landline number 10 times from her cellphone.
Gupte said that there were no injuries on the girl's body, nor were there any signs of damage to her clothes, to suggest use of force.
Also, no body fluids were found on her clothes, he pointed out. The girl's "pattern of behaviour" shows that she was a consenting party", Shiney's lawyer argued.
The girl had told the police that on June 13, a day before the incident, Shiney had touched her in a wrong way when she had clambered on basin to turn on overhead water tank.
She did not tell this to other maid servants, or to anybody else, Gupte pointed out.
Even in the statement recorded before magistrate, the girl used the word 'atyachar' (atrocity) and did not mention rape," he argued.
Gupte also mentioned that though the victim's vaginal swab was taken for examination, medical report talks about 'slide', and not a swab. "What happened to swab?" he asked.
Refuting the lower court's observation that Shiney was "influential person", and he may pressurise victim if released on bail, Gupte said, "he is not on high pedestal of acting... he is a small-time actor.
Shiney's wife Anupam, reacting to High Court order, said "I'm overwhelmed to hear that Shiney has been granted bail. We've full faith in judicial system."
Plea to oppose move to close case against Quattrocchi
http://www.indianexpress.com/news/plea-to-oppose-move-to-close-case-against-quattrocchi/523859/0
Agencies
Posted: Thursday , Oct 01, 2009 at 1834 hrs New Delhi:
Ahead of the crucial hearing in a Delhi court against Italian businessman Ottavio Quattrocchi in Bofors gun deal payoff case, an application was on Thursday filed opposing any possible move by CBI to close the case against him.
The hearing before the Chief Metropolitan Magistrate on October 3 assumes significance as the government had on Tuesday told the Supreme Court that it has decided to withdraw the case against Quattrocchi and CBI is likely to move an application in this regard.
Advocate Ajay Agrawal, who has been pursuing the Bofors case in the Supreme Court, filed the application seeking rejection of any such move by the investigating agency alleging that the Centre has been trying to bail out the 69-year-old Italian businessman against whom "there is ample evidence for his prosecution".
The advocate referred to a case of 1984 anti-Sikh riots in which a trial court had in 2007 rejected a closure report against former union minister Jagdish Tytler and directed CBI to re-investigate his alleged role. Agrawal had filed an appeal in the apex court against the Delhi High Court's May 31, 2005, decision to quash charges against all other accused in the case after CBI failed to challenge it within the mandatory 90-day period.
In his 27-page application, the advocate pleaded that he should be allowed to participate in the proceedings in the court and be treated as a complainant in the case.
"I should be treated as complainant in the matter and may be allowed to participate in the proceedings of the case and the court may consider all the aspects and rejects such closure report that may be filed by CBI before it," Agrawal said.
Solicitor General Gopal Subramanium had on Tuesday told the apex court that the government has decided to drop the case against Quattrocchi, the sole accused left in the case as the Delhi High Court on May 31, 2005 quashed charges against all other accused.
He had said that the case against the Italian businessman could not be kept pending forever as two attempts by the government to extradite him have failed.
The case against Quattrocchi is scheduled for hearing before the Chief Metropolitan Magistrate here on October 3.
How Quattrocchi walked free
http://www.indianexpress.com/news/how-quattrocchi-walked-free/523780/0
Coomi Kapoor
Posted: Thursday , Oct 01, 2009 at 1338 hrs
The manner in which investigations and prosecutions in the Bofors case were consistently and spectacularly bungled is proof enough that whoever took the Bofors money is supremely powerful.
Over the last two decades, there was always someone in the CBI, the courts, the law ministry who was batting for the accused rather than the government. Somehow, Ottavio Quattrocchi always managed to be a step ahead of our law enforcement agencies. And despite the sound and fury in the media and in the Parliament, the suave Italian businessman has ended up laughing all the way to the bank.
Quattrocchi's final triumph came on Tuesday when the Solicitor General announced that the Indian government planned to withdraw all cases against him. Quattrocchi has been let off even though many legal experts considered his involvement in the Bofors scam to be an open and shut case. Not because of the investigative skills of our CBI but because the Swedish government, the Swiss courts and investigative journalist Chitra Subramaniam had provided a wealth of documentary evidence against him. In how many corruption cases can you actually succeed in finding out the number and name of the owner of the bank account into which the money was paid? All this evidence was sufficient for Interpol and the Swiss and British courts, but not the Indian authorities.
Here is a brief run-down of the cover-up:
Though the scam came to light in 1987, no FIR was registered as long as Rajiv Gandhi's government was in power. The FIR was registered only in 1990 during the Janata Dal regime and a letter rogatory sent to Swiss and Swedish authorities.
In November 1990 during the Congress-supported Chandrashekhar government, the CBI moved court to quash the FIR on the ground that it did not disclose any offence.
In 1993, then foreign minister Madhav Sinh Solanki wrote an aide memoir to the Swiss authorities urging that the case be closed and no documents sent to India. Solanki had to resign following the leak of the memoir.
In 1993, the Swiss authorities confirmed Quattrocchi's name as the beneficiary of the kickbacks from Bofors, but the CBI did not seize his passport immediately. Instead it waited 72 hours by which time Quattrocchi had fled India.
The Delhi High Court held that the Swiss documents were not properly authenticated, on the ground that they were not original documents but photocopies. The court took the curious position that because of this no offence against the accused could not be made out. During Manmohan Singh's first tenure, the law ministry advised the CBI not to appeal against the court's erroneous order.
In 2004, the Delhi High Court held in another judgment that no allegations could be proved against public servants accused in the case. The High Court came to this conclusion without a trial. The law ministry once again advised the CBI not to appeal in the Supreme Court.
In 2006, the law ministry secretly dispatched an officer to UK to inform the Crown Prosecution that no case was made out against Quattrocchi and the two erroneous High Court orders were cited to establish this. The law ministry's move was to facilitate Quattrocchi to defreeze his bank accounts and withdraw the alleged Bofors bribe money. By the time the news leaked and the Supreme Court ordered that efforts be made to re-freeze Quattrocchi's bank accounts, the Rs 23 crore in bank account had been spirited away.
In 2007, Quattrocchi was detained in Argentina because of an Interpol Red Corner Notice pending against him. The CBI flew to Argentina, brandishing the judgments of the High Court, which the government had declined to appeal against, to facilitate his release from prison. Incidentally, the automatic appeal was also withdrawn by the law ministry, without even the token formality of consulting the CBI.
The Bofors story has been popping up in the media at regular intervals for over 20 years. The rights and wrongs of the case are lost on the new generation, some of whom were born after the Swedish Radio first broke the story back in April 1987. With the matter dragging on endlessly, indignation over bribery in the Bofors purchase has somewhat eroded. One defence put forward is that during Kargil conflict it was established that the Bofors gun at any rate was first class. Others try to deflect the issue by pointing out that the total amount of the bribes, Rs 64 crore, was chicken feed by today's standards of corruption. Some even argue, falsely, that more money was in fact probably spent on investigations in the case. A few of those who have been at the forefront in pressing the Bofors corruption charges, such as V P Singh and Ram Jethmalani, did a volte face when it suited their political interests.
The Bofors case illustrates that Indian democracy has yet to mature to the level where the law is blind and applies in the same manner to one and all. In India those in high places know how to work the system to their advantage, even if it takes more than two decades to complete the process.
-K court awards death penalty to militant for killing 5 Hindus in 2005
http://www.indianexpress.com/news/jk-court-awards-death-penalty-to-militant-for-killing-5-hindus-in-2005/523851/0
Express news service
Posted: Thursday , Oct 01, 2009 at 1746 hrs Jammu:
Within less than a month, a court in Jammu Kashmir awarded death penalty to another militant for killing five Hindus in border Rajouri district four years ago.
Announcing the sentence to the convict Taj Mohammad of Raj Nagar in Budhal, Principal Sessions Judge at Rajouri, Subash Chander Gupta held that the accused deserved no leniency as he is considered not only a menace to the family of deceased persons, but also to the society at large. He along with three unidentified militants committed the murder not out of any earlier animosity, but with a motive to demoralize the suspected informers of the police/security forces, to terrorize innocent people and to disturb public peace and tranquillity in the area.
Taj Mohammad along with three unidentified militants had on the intervening night of October 9 and 10, 2005, slit the throat of nine Hindus at two different places at Raj Nagar in Budhal. While he had been awarded death sentence for the murder of five people, he was still facing trial in respect to the killing of four other Hindus.
Rejecting the defence plea to have a lenient view in view of accused not having any past criminal record and his young age, the judge observed that in the instant case, "it can be held unmistakably that the role of Taj Mohammad is not less than of a dreaded/hardened criminal who adopted the path of the crime and decided to live upon it’’.
Earlier on September 4, Principal Sessions Judge, Reasi, A K Koul had awarded death penalty to a Hizbul militant Abdul Rashid for having killed a 70 year old man and two minor girls in Mahore last year.
"The accused deserved no leniency as the crime committed by him was rarest of the rare," had observed the judge while announcing the sentence.
CBI case against hospital, promoter for bank fraud
http://www.indianexpress.com/news/cbi-case-against-hospital-promoter-for-bank-fraud/523849/
Agencies
Posted: Thursday , Oct 01, 2009 at 1739 hrs New Delhi:
CBI has registered a case of forgery and cheating against a leading hospital in NCR and its promoter for allegedly siphoning off over Rs six crore extended to it as loan by a bank for construction of a building and purchase of medical equipments.
Official sources said the case was registered against Raghuvir hospital and its promoter Dr Kewal Krishan Sood.
The case has been registered on the allegation that “The hospital was sanctioned a term loan of Rs 6.5 crore by State Bank of India, Commercial Branch, Nehru Place, New Delhi in 2006 for setting up a 150 bed hospital at Delhi Hapur bypass, Ghaziabad,” the source said.
“The loan which was to be used for construction of a hospital building and purchase of medical equipments was not utilised for the intended purpose and instead the promoter of the hospital diverted or siphoned off the loan amount through the accounts of two of his companies,” a CBI spokesperson said.
He said false invoices of both these companies were submitted to the bank to show purchase of medical equipments by the accused promoter. On default in repayment, the loan amount of the hospital turned into Non-Performing Assets (NPA) in 2008 with total outstanding of Rs 6.44 crore.
“Search was conducted at the residence of the hospital promoter in which several incriminating documents were seized,” he said.
Delhi HC bars resort from playing music
http://timesofindia.indiatimes.com/news/city/goa/Delhi-HC-bars-resort-from-playing-music/articleshow/5074407.cms
1 October 2009, 05:50am IST
PANAJI: The Delhi high court on Monday temporarily stopped Goa Marriott Resort from playing music, live or recorded, until it renews its licence with the Indian Performing Right Society Limited (IPRSL), which is the copyright society for musical works registered with the government of India. "We have an injunction from the Delhi high court against Marriott Resort, Goa, stating that they can't play music in the hotel, whether live or recorded, till they renew their license. They had a license till December 2005, but the hotel made regular payments only till December 30, 2003," said chief licencing manager of IPRSL G G Prasad. When contacted, a spokesperson for Goa Marriott said, "We have contested the same in the court and therefore we can't comment." IPRSL in its petition had alleged that the hotel was playing music without permission and without paying royalties, which amounts to infringement of the society's public performing rights. "Though we produced an invoice dated December 17, 2003 towards license fee for the year 2004 and an invoice dated December 17, 2004 towards the license fee for the year 2005, both remain unpaid," said Prasad. The hotel in its reply to the Delhi HC to the petition filed by the IPRSL admitted payment of license fees to IPRSL till December 31, 2003, but said it was done under protest. They also stated having entered into separate agreements with various broadcasters to play their music. The hotel also made reference to two writ petitions filed in the Delhi HC and the high court of Bombay at Goa by the Federation of Hotels and Restaurants Association of India (FHRAI) and the Travel and Tourism Association of Goa (TTAG), questioning the right of the society to collect license fees for the performance and communication of musical works. Marriott said it is a member of both associations. The Delhi HC observed that there is no mention of any order being passed by either court, restraining the society from collecting fees under the license agreement. Marriott, however, is not the only hotel that provides multi-channel music, interactive television and live music to its guests without permission from the society, disclosed Prasad. "In Goa, there are about 5,000 premises which play music, but only 500 have licenses from us for the year 2009. We have approached another 1,500 and asked them to obtain the license before playing music in their premises. Some of them are famous nightclubs in North Goa and we intend to initiate action against them," added Prasad. IPRSL, is a society that has been assigned "performing rights", which includes the right of performing in public and the right to communicate the work directly to the public or by means of display or diffusion, regardless of whether anyone actually sees, hears or otherwise enjoys the work so made available, said Prasad. Communication to public includes communication through satellite or cable or any means of simultaneous communication to more than one household or place of residence, including hotel and hostel rooms.
Doctors in service to get additional marks: HC
http://timesofindia.indiatimes.com/news/city/chennai/Doctors-in-service-to-get-additional-marks-HC/articleshow/5074017.cms
TNN 1 October 2009, 06:17am IST
CHENNAI: In a significant ruling, the Madras High Court has upheld the legal validity of Tamil Nadu government's policy decision to give additional marks to service candidates seeking admissions in super-speciality medicine courses. The state government, as policy, awards additional marks at the rate of one mark for every year in service. A doctor-candidate in service is eligible to be given a maximum of 10 marks. Assailing the clause, the petitioners said it would dilute the quality of super-speciality courses where merit alone should count. When service candidates are already given 50 per cent of total seats, the additional marks based on their experience would amount to further leniency to them, they argued. Additional advocate-general P Wilson, however, submitted that it was a policy decision and that it had been cleared stated in the prospectus. Having known about the contents of the prospectus fully, it is not open to the petitioners now to raise the doctrine of legitimate expectation at this stage, he said. R Sureshkumar, counsel for some of the selected candidates, said awarding marks for experience would in no way be detrimental to the interests of anyone as it was a recognition for the candidate's long and useful experience while in service Concurring with the submissions, justice P Jyothimani said the petitions were misconceived and the petitioner-doctors had not put forth any acceptable grievance for redressal. While dismissing the writ petitions, the judge also vacated an earlier interim order of the court directing the authorities to keep three super-speciality seats vacant for the petitioners.
HC issues notice to Chidambaram challenging his election from Sivaganga
http://timesofindia.indiatimes.com/news/city/chennai/HC-issues-notice-to-Chidambaram-challenging-his-election-from-Sivaganga/articleshow/5074050.cms
TNN 1 October 2009, 06:33am IST
CHENNAI: The Madras High Court on Wednesday issued notice to the union home minister P Chidambaram and others, on a petition challenging his election from the Sivaganga constituency in Tamil Nadu. Justice K Venkataraman, before whom the former AIADMK minister RS Raja Kannappan's election petition came up for admission, issued notice to the home minister returnable in four weeks. Alleging commission of corrupt poll practices such as bribing the voters, Kannappan had said that government officials on election duty too unfairly credited the votes obtained by Kannappan to the tally of Chidambaram. According to the AIADMK leader, most of the irregularities took place during the counting of votes polled in the Alangudi assembly segment. Kannappan wanted the court to declare the election of Chidambaram from Sivaganga as null and void, and instead declare him (Kannappan) as winner from the parliamentary segment.
Send DMC back to state: HC to Phatak
http://timesofindia.indiatimes.com/news/city/mumbai/Send-DMC-back-to-state-HC-to-Phatak/articleshow/5074038.cms
Clara Lewis & Swati Deshpande, TNN 1 October 2009, 04:22am IST
MUMBAI: In an embarrassment for the state government, the Bombay high court on Wednesday observed that an officer being foisted on the BMC appeared to be either a man of "high political influence'' or one who had bought his post. The court was referring to R D Shinde, who had been appointed as a deputy municipal commissioner (DMC) despite the HC's orders. The HC on Friday slammed civic chief Jairaj Phatak for trying to overreach the court's orders by appointing Shinde as DMC. Shinde was sent by the state government to the BMC on deputation in July. The court gave Phatak a last opportunity to immediately vacate the post and send Shinde back. A bench of Justices D K Deshmukh and R G Ketkar said they were "shocked'' that despite an order restraining the BMC from appointing anyone to the post of the DMC without its sanction, Phatak went ahead and appointed Shinde. "Why is the state compelling the BMC to appoint a specific person when the civic administration had not requisitioned one?,'' the judges wondered. The case at hand was a petition filed by assistant municipal commissioner (AMC) Anil Khoje in 2007 seeking directions to the BMC to appoint DMCs according to the recruitment rules. Khoje claimed that as the seniormost AMC, he was the most eligible candidate. DMCs come from two pools: 75% from AMCs and 25% from feeder cadres of heads of department, direct recruits from MPSC or on deputation from state. On April 16 this year, the HC allowed the BMC to go ahead with the selection process but restrained it from appointing anybody. However, on July 10, the state unilaterally issued an order posting R D Shinde as Joint Municipal Commissioner. Senior counsel K K Singhvi representing the association of AMCs as well as Khoje's counsel R R Shetty, argued that no such post as a Joint Municipal Commissioner. On July 16, Phatak had moved court seeking its approval to appoint Shinde as DMC but two days later without waiting for a judicial nod, he went ahead and appointed him DMC (Improvement), popularly known as Joint municipal commissioner. It turned out that Phatak had, before moving court, written to the state stating that were he to appoint Shinde he could be in contempt of court for flouting court's order. The letter shown to court by BMC counsel Ram Apte caused Justice Deshmukh to say in deep anguish, "You are trying to overreach the court and this is nothing but contempt.'' The matter will come up for hearing on Thursday.
SC refuses to tinker with HC order
http://timesofindia.indiatimes.com/news/city/bangalore/SC-refuses-to-tinker-with-HC-order/articleshow/5073749.cms
TNN 1 October 2009, 04:05am IST
BANGALORE: The ordeal which students went through for months over their admission to medical colleges ended on Wednesday with the Supreme Court refusing to tinker with the seat-distribution order passed by the high court on September 29 with respect to Nitte and Yenepoya universities. Karnataka high court on Tuesday held that deemed universities are bound by the UGC's guidelines on admissions, as they have statutory force. The three-judge Bench of the apex court headed by Justice B N Agarwal refused to interfere with the high court division Bench order of Tuesday as far as the accommodation of the students are concerned. N Khetty counsel for Medical Council of India (MCI) told TOI that the MCI contention is vindicated with the apex court order. The MCI, in its special leave petition, contended that the interim order of the Karnataka high court on August 19, directing KEA to accommodate all the students including the 47 allottees, who were turned away by these two universities, was nothing but allowing excess admission, which is not permissible as per various orders passed by the apex court.
Doctors issue: HC asks for suitable plea
http://timesofindia.indiatimes.com/news/city/bangalore/Doctors-issue-HC-asks-for-suitable-plea/articleshow/5073750.cms
1 October 2009, 04:06am IST
The high court did not pass any restraint order against government doctors for resigning en masse. However, it has given liberty to city advocate S Vasudeva to file a plea with an enabling prayer, which will help the court to act. "We appreciate the cause and concern shown by you. But no material is shown indicting that they (doctors) are not working. According to reports, they have given their resignation papers, indicating they will serve till October 14," observed the vacation division Bench headed by Justice Jawad Rahim. "There are also reports about a meeting on October 4. Can we say that you (doctors) should not resign? This application (for action) won't help and it can't be acted upon. We can act only within the limits of an appropriate application," the Bench observed.
SC leaves it to CBI to act against Subba
http://economictimes.indiatimes.com/news/politics/nation/SC-leaves-it-to-CBI-to-act-against-Subba/articleshow/5074424.cms
1 Oct 2009, 0604 hrs IST, ET Bureau
NEW DELHI: The Supreme Court on Wednesday refused to direct CBI to register cases against former Congress MP M K Subba, though the investigating agency made a series of charges against him. A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice B S Chauhan left the matter to CBI to lodge appropriate cases against the three-time MP. CBI in its reports submitted to the apex court had indicted Mr Subba for obtaining his birth certificate in a fraudulent manner. "The verification undertaken has revealed a prima-facie commission of cognisable offences punishable under Section 420 (cheating), 468 (forgery), 471 (using forged document as genuine) and 193 (giving false evidence in judicial proceedings) of IPC and Section 12 of the Passports Act, on the part of Subba and others,” CBI said in one of its report. It had submitted three reports in response to the court order which came on a PIL alleging that lottery baron Subba had come to India after a murder case was registered against him in Nepal in the early 1970s. The petitioner’s counsel pointed to CBI’s reports on the nationality of Mr Subba to ask the apex court to direct it to lodge cases against him. Advocate A K Sinha, appearing for petitioner, a Noida resident, said, when the three reports of CBI clearly indicated that there was a clear case of forgery made out against the Congress leader, the apex court should not hesitate to order registration of a case against him by CBI. He said the case in hand was one of perjury as Mr Subba violated all democratic norms. The bench said, "we are not going to give direction to CBI for lodging of FIR but you (petitioner) are at liberty to take initiative with CBI for taking action against him on the basis of reports. The reports are against him." The court, which wanted to close the matter, was, however, persuaded by advocate Sinha to keep the case pending as CBI had swung into action only on its order to verify the documents made available by Mr Subba to prove his Indian nationality. The former MP had claimed that he was born in Dadgram village in Darjeeling district of West Bengal and his parents had migrated from Singtam village in Sikkim. The PIL had alleged that he changed his name from Mani Raj Limbo to Mani Kumar Subba after leaving Nepal.
Witness protection plan gets nod
http://timesofindia.indiatimes.com/news/india/Witness-protection-plan-gets-nod-/articleshow/5073254.cms
TNN 1 October 2009, 03:00am IST
NEW DELHI: The Supreme Court on Wednesday okayed the witness protection scheme envisaged in a recent amendment to the Indian Penal Code that provides for a maximum punishment of seven years imprisonment for anyone trying to induce or influence a witness to give false evidence. It disposed of a PIL filed by NGO `Country First' which had in 2005 moved the apex court in the wake of a string of acquittals in high-profile cases as witnesses turned hostile in the face of influential and powerful accused persons. A Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan accepted the plea of additional solicitor general Mohan Parasaran that the amendment to IPC, introducing a new section 195A, was adequate to protect witnesses from being influenced by accused. Though petitioner's counsel Prashant Kumar argued that the new provision did not provide any protection to witnesses, the Bench found it adequate and said it was impossible to provide security to each and every witness in criminal cases. "Nearly 70% of the 2.7 crore cases pending in trial courts are criminal cases and it would not be possible for state governments to give protection to all witnesses," the Bench said while disposing of the PIL, which was filed after trial courts in Delhi had acquitted the accused in cases pertaining to murders of Priyadarshini Mattoo and Jessica Lal. The new section 195A IPC provides, "Threatening or inducing any person to give false evidence: Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to 7 years, or with fine or both."
Is Namma Metro on a safe track?
http://bangalore.citizenmatters.in/articles/view/1390-metro-construction-safety-bmrcl-bengaluru
Experts and officials respond to questions and concerns around the safety and design controversy surrounding the Bengaluru Metro’s construction.
By Supriya Khandekar
30 Sep 2009, Citizen Matters
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Recently, an incident of pillar-bending at a Bengaluru Metro construction site and its consequential casualties shook everyone. The days following saw press conferences, public meetings, officials giving clarifications and a number of people looking at Metro construction with scepticism.
In August 2009, an over-six-metres-tall pillar stooped and caused two causalities and four people were injured. It happened on CMH road, Indiranagar, where ‘Reach 1’ of the Metro is being constructed by Bangalore Metro Rail Corporation Ltd (BMRCL). There were immediate allegations of unsafe working conditions for the workers and faulty design being followed. But the question about who should be held accountable for checking the construction work was not settled clearly.
At a press conference, Leo Saldanha, coordinator of the city-based NGO Environment Support Group (ESG) says, “The Metro authority is least bothered to pay attention and is calling all this mere accidents. How can so many incidents be called accidents? There has to be some fault, otherwise it wouldn't happen so frequently.”
Earlier this year, coincidentally on the same metro site, the rubber gloves kept inside a pillar caught fire while welding, but no casualties were reported. “This is shocking, how can pillars catch fire?” Saldanha asks. Safety should ideally be the first concern while constructing Metro, Saldanha adds. He says that there have been several cases of deaths and injuries with people working on the site in the past couple of years.
In August 2009, an over-six-metres-tall pillar stooped and caused two causalities and four people were injured. Pic: Supriya Khandekar.
Responding to this, B L Y Chavan, BMRCL’s Chief Public Relations Officer says, “For quality check BMRCL has appointed a general consultant (GC) -- a consortium of independent consultants.” This includes RITES - a government of India consultancy, Orient Consultants Ltd. (OCL), Japan, PB Group (USA) and SYSTRA, also a US based global rail and transit consultant. The GC consortium has posted a multi-tier organisation of engineers and inspectors on the construction sites.
The bent structure was being constructed for the upcoming station at CMH Road. The contractor for construction of CMH road and Byappanahalli stations is the Hyderabad-based IVRCL Infrastructure and Projects. R Dinesh, Senior Product Manager at IVRCL, the official incharge at the CMH Road site is open in talking to Citizen Matters about the soil testing but declines to comment on the pillar-bending incident. He further adds that around 15 to 18 section engineers are on site from IVRCL.
Chavan says that in the CMH road incident, the pillar bending happened because no scaffolding (a temporary frame used to support people and material in the construction of a building) was provided for the pillar structure. It was a fault on the contractor's side, says Chavan, because he misjudged the height of the pillar and allowed the labourers to work beyond a certain height on the pillar without scaffolding. “BMRCL has slapped a notice and a fine on the contractor,” he adds, and declines to disclose how much the fine was.
In the same vein, a top ranked engineer at one of the major private-sector construction firms building the Metro, under condition of anonymity says, “The bent pillar incident does not look like a design failure. For pillars of that height pillar reinforcement rods and support mechanisms are necessary to support the structure. If there is no arrangement to crop it then events like bending of pillars are bound to happen. Storms and heavy rains can also make the pillars to bend.”
Furthermore, he says that the sequence of incidents that have happened so far in a way show the carelessness on part of the contractor. “Any huge structure when under construction needs to be temporarily made safe so as to avoid any accidents. Like we see barricades along the whole stretch of roads where metro construction is happening, similarly even inside the barricades proper safety measures need to be maintained,” he explains. For a project like this where construction work will be done in public areas and amidst heavy traffic, safety should be the prime necessity, he says.
Explaining further about the safety aspect this engineer opines that presently, for most infrastructural projects, there is a rush to finish things and in this rush the most neglected is the safety and quality aspect. Poor work conditions for the labourers can be seen on most construction sites. Sometimes work conditions and the quality assurance also differs from one contractor firm to another. Tussle between contractor and BMRCL on safety practices
Safety issues also came to head recently at a tussle between a Navayuga Engineering, another Metro contractor and BMRCL. Navayuga also one of the main contractors working on the ‘Reach 1’ of the Metro construction filed a PIL in the High Court of Karnataka earlier this year claiming that it was not possible to ensure safety of structures and there was inability of moving heavy equipment on CMH Road. Navayuga Contractors are constructing the viaduct for ‘Reach 1’. “We had approached BMRCL/GC many times complaining about unsafe working conditions but our views and records were not appreciated by BMRCL for the reasons beyond our comprehension and against the contract provisions,” explains, A S R Murthy, GM, Navayuga Contractors.
In July, the Karnataka High Court had dismissed the PIL filed by Navayuga Engineering, with an observation to BMRCL and other authorities that they should take adequate safety measures during the construction of the railway. Pic: Supriya Khandekar.
In July, the Karnataka High Court had dismissed the PIL filed by Navayuga Engineering, with an observation to BMRCL and other authorities that they should take adequate safety measures during the construction of the railway.BMRCL and Navayuga maintain different interpretations of the case and how the High Court handled it. N Sivasailam, MD, BMRCL said that the Navayuga PIL was ‘dismissed’ at the very first hearing, and that it was Navayuga’s responsibility to ensure safe construction. “Therefore he cannot file a PIL on a matter in which he is primarily responsible for execution of the contract. On his failure to submit a safe working plan for CMH road viaduct construction, the work has since been taken away from him for execution at his risk and cost. We are aware of the High court instructions in the matter and we are following it in letter and spirit,” says Sivasailam, in an emailed response to ESG, on the PIL issue. On the contrary, Murthy of Navayuga does not agree that case was ‘dismissed’. “The court has not felt so. The honourable court has patiently heard our submissions and has directed BMRCL to take full responsibility for the safety measures in public interest. The petition has thus been ‘disposed off’ to its intended conclusion.”
Murthy says that the total contract value for Navayuga as of now is about Rs.105 crores and they have completed about Rs.70 crores of work and have received about Rs.65 crores till July. “Our claims to the tune of Rs.20 Crores are pending settlement from BMRCL."
Quality assurance of construction
In his emailed communication, Sivasailam says that BMRCL will not shirk its responsibility and it will do whatever it can to ensure that Metro structures are designed well and constructed well. “We have in place a good system of quality assurance. There is a requirement to compile test reports for the commissioning of any line and BMRCL is compliant with the requirement,” he says.BMRCL PRO Chavan adds that there is a quality check at each and every level. “Right from selecting the raw materials to the concrete mixture, everything is tested at each step and samples are sent to labs by the BMRCL.” A third party, i.e., an independent party does all the testing, says Chavan, and declined to disclose the name of the testing firm.For Reach I there are four resident engineers, four to five executive engineers for the stations and one chief resident engineer to monitor the work, from the GC consortium. Apart from these there is one Chief Engineer from BMRCL to supervise, explains Chavan.The Bengaluru Metro has a major linkage with the Delhi Metro. Pic : Supriya Khandekar.
Chavan says that the BMRCL Managing Director meets with the GC every week to get an update on quality checks. Chavan takes the line that no major complaints about the quality of work have been reported to BMRCL. “Complaints about inefficient or careless workers have come and we had to remove the labourers who were either not working or were not following the set safety guidelines for working,” says Chavan.On this Leo Saldahna of ESG asks, “Safety should ideally be the first concern while constructing Metro and when the Comptroller and Auditor General of India (CAG) report has found flaws in the Delhi Metro design why should we go ahead and adopt the same design for our city?”
The CAG report mentions that there are serious design flaws in the Metro structures in New Delhi and that the rush to implement that project to meet unhealthy deadlines probably contributed to the recent disasters. The report was systematic and systemic failures in ensuring quality work in the Delhi Metro (particularly in Phase II).
Comparison of Bengaluru Metro’s design with Delhi Metro
ESG's Saldanha claims that the Bangalore Metro is absolutely modelled on lines of the Delhi Metro. Consequent to the release of the recent CAG report, it was imperative for the Karnataka Government to immediately stop work and conduct a thorough review of the Bangalore Metro, he says.
The Bengaluru Metro does have a major linkage with the Delhi Metro. Delhi Metro Rail Corporation (DMRC) in partnership with RITES prepared the original Detailed Project Report (DPR) for the Bangalore Metro’s Phase I, back in 2003, at the instance of the state government.
BMRCL though, disagrees that Namma Metro's design is a copy of Delhi’s. “Designs cannot be copied verbatim”, reacts Sivasailam, MD BMRCL. He explains that, “The design of structures in Namma Metro is based on the soil and strata of Bangalore. The design is to be done based on the operational loads and also the construction loads. These aspects have been taken into account in respect of every design of all structures.” He further adds that designs are independently done by experienced designers and further checked by international consultants who have substantial experience.
Some clarity amidst the confusion about whether Bengaluru’s design is copied from Delhi comes from a top ranked engineer who spoke to Citizen Matters under condition of anonymity, because his firm is one of the major construction firms building the Metro. He says that design for a project like the Metro has two major aspects. One is the Alignment: this involves work to design, measure and make a mechanism in which trains can move at a particular speed along a particular route. A train cannot take sharp turns like other vehicles on road, therefore a proper route and mechanism is built for that.
The second aspect is the structural design. This describes the way a metro will be constructed, whether it will be an elevated corridor or underground. Designing of the deck, the corridors, the pillars and so on.
He explains that the Bangalore Metro has copied the deck and pillar design from Delhi. A pillar design deals with the shape of the concrete, where and how it will be put, the dimensions of the concrete, the dimension of the pillar (which in turn depends upon how much load it will be taking, on the height and on the location), spacing of the pillars and so on.
Creation of the pillars also depends on the place/location. It varies depending on a number of factors, one of which is the earthquake susceptibility of the place. “Delhi is more earthquake prone than Bangalore, so in a way if we are adopting that design for Bangalore we are making a safer decision,” this engineer adds.
With experts clearing the air around the design copy issue and the BMRCL officials claiming ‘foolproof’ quality monitoring and testing, NGOs and activists are still worried about how safe Namma Metro is? And they have a reason too. Accidents at Metro sites have also not stopped: the last one was as recent as less than a month back, when a hydraulic rig crashed at MG Road. In the meantime, Chavan says Namma Metro is on schedule and the first train will roll along the tracks by December 2010. ⊕
Supriya Khandekar
30 Sep 2009
Supriya Khandekar is a staff journalist at Citizen Matters.
Law for Witness Protection in Place: Centre Tells SC
http://news.outlookindia.com/item.aspx?667024
Government today told the Supreme Court that suitable amendments have been made by Parliament in laws to ensure protection of witnesses in the criminal cases to prevent them from turning hostile.The Centre said amendments have been introduced in the Indian Penal Code and the Code of Criminal Procedure to empower witnesses against threat and inducement and to evolve a scheme for providing compensation and rehabilitation to the family members of victim of crime.Additional Solicitor General Mohan Parasaran told a Bench headed by Chief Justice K G Balakrishnan that section 457A and 195A have been introduced in the CrPC by criminal amendment Act 2009.He said section 195A will empower the witnesses or any other persons to file a complaint in response to the offence covered under IPC for threatening or inducing any person to give false evidence.Further, section 195A has been inserted in IPC which provides for punishment upto seven years of imprisonment for threatening or inducing any one to give false evidence, he said.The ASG said the introduction of section 457A seeks to empower framing of a scheme for compensation to victims under which the state government, in co-ordination with the Centre, would prepare the model for providing funds for compensation to the victims.The scheme will also cover dependents of the victims who had suffered loss or injury as a result of the crime and require rehabilitation, he said, adding that during the course of trial courts can make representation to the District Legal Services Authority or the State Legal Services Authority for deciding the quantum of compensation.Taking on record the affidavit of the Centre, the Bench, also comprising Justices P Sathasivam and B S Chauhan, said the grievances raised in the PIL for streamlining the criminal justice system have been taken care of.The court was told that the amendments for protection of witnesses was considered after taking into account the reports of the Law Commission and Malimath Committee which had recommended measures in this regard.Expressing satisfaction over the amendments in criminal laws on the issue, the court disposed of the PIL filed in 2005 by NGO Country First.The NGO had sought a legislation on witness protection in view of the growing "menace" of witnesses turning hostile.The debate for evolving the laws to protect witnesses have intensified as in many of the sensational and high profile cases, the witnesses had turned hostile leading to the acquittals.Some of the cases which found reference during the pendency of the matter in the apex court were the cases relating to Gujarat riots, model Jessical Lal murder case, Nitish Katara murder case, Uphaar fire tragedy and others.
UP Govt Moves SC Challenging HC Order on Land Acquisition
http://news.outlookindia.com/item.aspx?667054
The Supreme Court today sought response from the Centre on Uttar Pradesh government's petition challenging a Delhi High Court order which had directed it to provide 21 acres of its land for widening the UP link road connecting Commonwealth Games village to Mayur Vihar and Noida.A Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan issued notice to the government and asked it to file its response by October 23 when the case will be further heard.The Mayawati government pleaded that a state government cannot acquire land belonging to other state without its approval."How can one government acquire land belonging to another government without even giving an opportunity to the latter," the state government contended while pleading to stay the High Court's order."There could be a problem if such forced acquisition was allowed," the state government pleaded in its petition.The acquisition of the land would allow the Public Works Department (PWD) to widen the existing six-lane road to an eight-lane one and make it signal free by constructing two flyovers along the four-kilometre stretch.
Acid Attack: SC Rules Out Total Ban on Free Sale of Acid
http://news.outlookindia.com/item.aspx?667003
Concerns over growing instances of acid-hurling on women notwithstanding, the Supreme Court today ruled out ordering a total ban on free sale of acid saying such an action is not possible as various state governments have expressed their reservations about it."The ban on free sale of acid is not possible. There can be restrictive and permissible sale as state governments have different view," a Bench comprisng Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan said."The issue falls in the state subject. Unless state governments co-operate, little could be done," the Bench said asking the petitioner's counsel to implead state governments in the matter and posted the hearing after three weeks on October 30.The remarks by the Bench on the issue came after Additional Solicitor General Mohan Prasaran said the idea of complete ban on free sale of acid has not found favour with state governments.However, advocate Aparna Bhat, who is pressing for complete ban on free sale of acid since 2006, alleged the Centre has not done anything when incidents of acid attacks increased manifold.She said now the roadblocks have come from state government without realising that in the last four months there have been many incidents when young girls became victim of acid attacks."The Centre is not taking corrective steps," she charged. Bhatt said she was not against industrial sale of acid but favoured its ban in retail market.The advocate said that in the past, the apex court had banned sale of egg in the religious places and use of plastic bags.The court was hearing a PIL filed in 2006 by a Delhi-based minor girl Laxmi whose arms, face and other body parts were disfigured in an acid attack.The advocate said the girl has now become an adult and is still undergoing treatment which has so far entailed a cost of Rs seven lakh.The Centre had during the last hearing on July 6 indicated it was considering regulating free sale of the corrosive substance after the apex court favoured a similar action.The Centre, which till March this year had failed to come up with a clear stand of making acid attack a "serious offence" and curbing the sale of acid, later said the new government was working on the issue."There will be some positive development," Parasaran had assured the court.He had said Home Minister P Chidambaram has taken up the issue on a priority basis and "something can be done on it".The Centre, which was also asked to consider a law similar to the one in Bangladesh to regulate and restrict the sale of acid to check its use as a weapon, had said such a step would not be practical and it would lead to "inspector Raj"."As regards banning free sale of acid, the state governments' representatives were almost unanimous against the proposed ban for the reason that the same is not practical since acid is needed for many purposes in and around the household."Similarly, licensing the sale of acid was also opposed on the grounds that it could lead to inspector Raj," the Centre had said in its reply to the suggestion.Laxmi, through her counsel Aparna Bhat, has sought framing of a new law or amendment in existing criminal laws like IPC, Indian Evidence Act and the CrPC for dealing with the offence and also sought a compensation which has not yet been provided.Acid was thrown at the victim by three youths near Tughlaq Road as she had refused to marry one of them.The trial is going on for the offence of attempt to murder and two of the accused are out on bail.The court during an earlier hearing had expressed displeasure over the reluctance of states to provide compensation to a victim of acid attack and had termed the act as "worse than murder".The court was told that the report of the Law Commission on the issue was supplied to all concerned parties and National Commission for Women has placed a draft legislation to make acid attack a serious offence.The Centre had said most state governments were "in favour of strengthening the provisions of the IPC to take care of the offence of acid attack and attack by other corrosive materials as well as by hot water".The Centre had said at the conference of Chief Secretaries of state governments and Union Territories it was suggested that the IPC and the Code of Criminal Procedure (CrPC) should be amended to deal with acid attack as a "special offence".Suggestions for adding a new section 326A to IPC after the existing section 326 (voluntary causing grievous hurt by dangerous weapons) were also made", it had said.The National Commission for Women also proposed legislation to cover compensation for victims of acid attack and for a new provision in IPC making attempt to throw acid a serious offence punishable by not less than seven years imprisonment and a fine of Rs one lakh.
judiciary: assets
His Feudal Lordship?
http://www.outlookindia.com/article.aspx?262025
In Justice Dinakaran’s village, the Dalits says he is a land-grabber
Sugata Srinivasaraju , Chandrani Banerjee
Property Allegedly Owned By Justice Dinakaran
Kaverirajapuram, Tiruvallur: 450 acres. This fences in government ‘poramboke’ land and land for the landless poor.
Tiruttani, Tiruvallur: 440 acres
Poovalai, Vellore: 50 acres of orchards
Modus operandi: The judge’s men fence off tracts of land and encroach upon it. When the judge was a lawyer he owned 90 acres. His land holdings went up after he became a judge in 1996.
A slow but definite polarisation on caste lines has begun in the legal fraternity and outside with regard to the Justice P.D. Dinakaran disproportionate assets case, now inextricably linked to his elevation as a judge of the Supreme Court. A number of voices—in both his native Tamil Nadu, where he was a judge of the Madras High Court for nearly 12 years, and in Karnataka, where he is the chief justice—have started forwarding the argument that an “upper caste” lobby is working overtime and unfairly slinging mud to prevent the elevation of a Dalit judge to the Supreme Court.
However, at Kaverirajapuram village in Tiruttani taluka of Tiruvallur district, ground zero of the controversy and where Justice Dinakaran is said to possess close to 450 acres, the discussion is at an entirely different level. In this rain-fed village, just 60 km from Chennai, the controversy is being seen as not between Dalit and non-Dalit, but as between a landed Dalit and landless ones. People describe it as the case of a rich, empowered Dalit depriving poor, powerless members of his own community of designated common land. In fact, the one leading the charge against Justice Dinakaran here is V.M. Raman, a young Dalit and a native of Kaverirajapuram. The village has about 350 Dalit families and the rest of the population, nearly 2,000 members, either belong to the Irula tribe or other backward classes.
According to Raman, Justice Dinakaran began his land-purchasing spree in the village as a lawyer. “As an advocate he purchased close to 90 acres from one Daya around 1990-91, but his landholding went up dramatically after he became a judge in 1996. He now has close to 450 acres, including government land that has been progressively encroached upon over a period of time,” Raman alleges. Apparently the fenced lands of Justice Dinakaran in Kaverirajapuram include, besides his ‘patta’ (registered) land, government land or ‘poramboke’ land, under which category fall the village’s lakes, pathways, canals, streams, pastures and ‘anadhinam’ land meant for distribution only among the landless poor. Since the property is well-fenced and secured, villagers are denied access to these common properties. The fence is said to have come up in the last three years.
Raman also reels out some of the ‘patta’ numbers of the plots within the fenced area that he has accessed from the taluka office in Tiruttani: “Patta number 1372 is in the name of Justice Dinakaran; 1426 in the name of Amudam Garden, Dear Lands and Sujatha; 2345 in the name of his wife Dr Vinodini; 1427 in the name of Konan Garden; 1365 in the name of Paripoornam; 92 in the name of Krishnaveni; 990 in the name of Ashok....” Some of the names, he says, could well be benami.
Jaganathan, a landless Dalit of the village, says, “Some years ago, when we were grazing in what is clearly poramboke land, Dinakaran’s people not only chased us out, but also filed a complaint against us in the Kanakamma Chattiram police station, accusing us of stealing mangoes from his orchards. They made us sit in front of small heaps of mangoes and took pictures. Six of us were booked in the case.”
Other villagers point out that, a couple of years ago, they vehemently protested against the denial of access to grazing land and at that point Justice Dinakaran’s people had pointed to nearly 30 acres that was available to them for the purpose. But since these 30 acres are surrounded by his ‘private’ lands, the villagers had no chance of getting anywhere close to it.
The villagers say the local administration, elected representatives and the panchayat members have never come to their rescue or argued in their favour. In fact, on September 22, Indrasenan, the son of panchayat president Jayammal, accompanied by a former panchayat president, Narasimhalu, reportedly went round the village threatening people with dire consequences for having participated in a protest organised in Tiruvallur town against Justice Dinakaran’s “land-grabbing”.
Raman says, “Justice Dinakaran should have proved himself the second Dr Ambedkar, but it is unfortunate that he is treating his own people badly. After taking up this issue, I fear for my life. I also fear that false cases will be foisted against me.” Raman, who runs an organisation for children called Tallam Charitable Trust, has been seeking a plot in the village for the trust since 2005. But while denying him land, 13 acres (survey nos. 369/1 and 369/2) in the same locality was allotted to a “fictitious company”—Konan Pvt Ltd, which Raman says belongs to the judge.
In such an atmosphere of fear and near absence of support, the All India Kisan Sabha has in the past week decided to take up the cause of Dalits and the landless poor in the village. The protest they had organised in Tiruvallur town on September 22 drew modest crowds. Tulsi Narayanan of the Kisan Sabha says, “We have been demanding that the government should take action against the judge and other land-grabbers. We learn that, besides the judge, there is a retired tehsildar and a retired superintendent of police who have grabbed government land in the area. The local police, revenue officials, electricity officials are all in favour of the judge. We have sent a memorandum to the chief minister of Tamil Nadu on September 9 and have personally met the chief secretary on September 11. We hope there will be some action.”
Narayanan also made it clear that they were “not worried or concerned” about the Dalit identity of the judge. The Kisan Sabha has also done its homework, gathering survey numbers of government ‘poramboke’ land that has been encroached upon in the village with the exact number of acres against each of the survey numbers.
The members of the Forum for Judicial Accountability (FJA) in Chennai, who took the initiative to make a detailed representation on the disproportionate assets of Justice P.D. Dinakaran on September 9 to the SC collegium, refused to speak. But when enquiries were made about their antecedents in Chennai legal circles, it was revealed that the members of the forum were public interest lawyers appearing for the landless poor and Dalits for over a decade. “FJA members have always done credible work. In this case, they have done their job of raising questions. It is surprising that even after all this hullabaloo, Justice Dinakaran has not issued a single statement,” said a Madras High Court lawyer.
The next movement in the case will be after Chief Justice of India K.G. Balakrishnan returns from his Australia trip on September 26. The apex court collegium is expected to meet two days later. But lawyers don’t see any action being taken. Senior Supreme Court lawyer Rajeev Dhawan says, “There is no proper mechanism to investigate a judge of the higher courts. The judges only fear the collegiums that may block their elevation. Other than the collegiums, they do not care about anything.” Justice Dinakaran has also been summoned by the CJI to present his side of the case.
By Sugata Srinivasaraju in Tiruttani (TN) with Chandrani Banerjee
Attack on Indian prompts drafting of S Korea anti-racism bill
http://www.zeenews.com/news567365.html
Updated on Wednesday, September 30, 2009, 20:51 IST
Seoul: A racial attack against an Indian professor in South Korea has led to the drafting of the country's first anti-racism law. 28-year-old Bonojit Hussain, who is researching on the issue of racism in Asian society, took on a South Korean man who racially-attacked him by filing a racial discrimination suit against him.
A court here had recently indicted Park, the man, for calling Hussain "smelly" and "dirty" while he and his Korean friend were travelling on a public bus. Hussain was today invited to speak at a "Consultative Public Hearing" organised by opposition Democratic Party and NHRC to debate the proposed Anti-Racism bill. "I was disturbed and hurt by what Mr. Park did on that bus. But I am more disturbed and shocked by how the police behaved. They were clearly but implicitly racist towards me and they were totally gender insensitive towards Han," he said. There is one aspect of the incident on that bus which has not been paid enough attention. The incident was not only racist in nature but it was also much gendered, he said. He also said the bill for anti-racism is a welcome step at least for the country's 1.1mn strong migrant community. Hussain came to South Korea in early 2007 as a graduate student. Bureau Report
More Human Rights Violations In Gujarat
http://www.countercurrents.org/pr300909.htm
Press Release
30 September, 2009Countercurrents.org
In a pattern which has become increasingly familiar in many parts of India, but particularly in Gujarat, once again in the run-up to the assembly by elections in Gujarat, a number of Muslim youth were picked up by police officials in plain clothes, illegally detained and severely tortured, before they were sent to judicial custody. The youth who were picked up by the police were:1. Zahir Abbas Amiruddin Shaikh resident of Hathikhana Patel Faliya , Opp. Bismilla Mutton Shop, Fatima complex,
2. Usmangani Alias Nawab abdulGaffar Ansari, residing at Kalriwad, B/s. H. M. Batliwala, Fatepura, Baroda.
3. Amin Razzak Sha, residing atB/208, Richmond tower, B/h. Convent School, Fatehgunj, Baroda
4. Iqbal alias Ikku Majidbhai Shaikh, Age – 39 years, residing at 109, Rashida Apptt., Hathikhana Patel Faliya, Baroda.
5. Mustak Ismail Shaikh, 34 years, residing at Gujarat Mention building , Hathikhana Patel Faliya
They were illegally picked up by plain clothes policemen:
Zahir illegally picked up on Sep 1, 2009 shown arrested on Sep 6, 2009
Mushtak illegally picked up on Sep 1, 2009, shown arrested on Sep 6, 2009
Usmangani illegally picked up on Sep 3, 2009, shown arrested on Sep 6, 2009
Iqbal illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
Amin illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
All of them produced in the court on September 7, 2009.
They were formally presented to the magistrate after a gap of 5 or more days, during which they allege that they were blind-folded and taken into a farm-house at Sivasi Gotri Road, in Village Sindhrot and brutally tortured. The police charged them for planning to bomb the Ganesh Vijarjan Yatra and for possessing Sutli bombs and rocket launcher. Police claimed to have recovered these items from a closed hand cart . Police Commissioner called for a Press Conference on September 7, 2009 and all local newspapers flashed the news in bold headlines .
A team comprising Shabnam Hashmi, Harsh Mander Rahul Rashtrapal met family members of many of the affected youth on September 25, 2009 and Gagan Sethi and Shabnam Hashmi met with the family members on September 26, 2009. They all testified to versions of the same story: that youth invariably with no criminal records, were picked up by people wearing plain clothes, sometimes using force, sometimes taking them under false pretences. They were taken blind-folded to a farm, and subjected to torture. Family members were not informed about their whereabouts. Family members searched for them in various police stations and hospitals. After Mohdbhai Vora, the local counselor took a delegation to the DCP Rakesh Asthana, he was informed that the youth were safe and in their custody, even then he did not divulge where they were kept or why they were picked up. The same late evening some parents were asked to meet their sons at the police station. They saw them from a distance and were not allowed to talk to them. It was visible from their appearance that they were badly tortured, some of them could not even walk on their own. Police secured varying terms of police remand, followed by judicial custody. The youth were threatened with dire consequences if they told the judge about the torture. The families were threatened not to contact any one otherwise more cases will be put on their sons.
It is relevant to point out here that the alleged terrorist attack on the Ganesh Visarjan processions never actually took place, and we have only the police version, that such attacks were planned, to rely upon. The fact, that the statements of the accused were obtained under duress and torture, the whole police case and the motives behind these become even murkier.
A team constituting Rahul Rashtrapal, Dushyantbhai, Sachin Pandya and Shabnam Hashmi went to the Baroda Central Jail and met two of these youth Zaheer and Iqbal on September 25, 2009. Both youth testified to grave torture. Zaheer and Iqbal were blindfolded and taken to a farm house about 10-15 kilometers away from Baroda. They were brutally beaten up along with three others who were also arrested. All of them were kept and tortured in different rooms. The police beat them all over the body with lathis, two men stood on Iqbal’s thighs, legs stretched wide and beat him up brutally, Iqbal was given electric shocks on his waste down-words, abused using the filthiest language possible. Zaheer was stripped naked and given electric shocks all over his body many times a day. They caught him by his hair and banged his head against the walls repeatedly. Abusing him, they called him a Taliban and a terrorist, and degraded his community and mother and sisters. Zaheer’s hands were tied to the roof and he was not allowed to sleep for days.
Both Zaheer and Iqbal were not allowed to break their rozas till 11pm. The youth alleged that the police kept on forcing them to admit that they were going to bomb the Ganesh Visarjan procession and kill people. Zaheer pleaded with the police to spare him as he was innocent and he had no idea about the allegations. The policemen taunted him and said if you are tired of torture we will shoot you dead and made him run across a field all the time aiming at him to shoot him down.
The team also looked at the newspaper coverage. Divya Bhaskar’s headline read accused picked up in possession of the rocket launcher had foreign connections. Sandesh newspapers wrote: ‘When the accused used to come out of the mosque after praying he used to get into frenzy to destroy the Ganpati’
Rakesh Asthana, the Police Commissioner, Rakesh Sharma the ACP, J. D. Ramgadia. PI Crime Branch, D.R. Dhamal, PI of Baroda city, Halsika PSI SOG were all involved in this illegal picking up, detention and torture of youth.
We have also heard that the Farm House where the youth were taken and tortured belongs to a close associate of the Police Commissioner Rakesh Asthana.
We urge the NHRC, NCM and the Govt of India therefore that these grave allegations are independently investigated and the guilty police officers severely punished.
We hope suo moto action will be taken against the Police Commissioner Rakesh Asthana for flouting the Supreme Court DK Basu guidelines and for using the premises of a private farm house for illegal detention and torture. Not following these guidelines constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine
------------------------------------------------------------------------------------
D.K.Basu Guidelines
In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:
l Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
l A memo of arrest must be prepared at the time of arrest. This should:
µ have the time and date of arrest.
µ be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.
µ be counter-signed by the person arrested.
l The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
l Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.
l The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.
l An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.
l The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
l The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
l Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
l The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
l There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.
These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.
Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court.
These requirements are in addition to other rights and rules, such as:
*The right to be informed at the time of arrest of the offence for which the person is being arrested.*The right to be presented before a magistrate within 24 hours of the arrest. *The right not to be ill-treated or tortured during arrest or in custody.*Confessions made in police custody cannot be used as evidence against the accused.*A boy under 15 years of age and women cannot be called to the police station only for questioning.
The Constitution
The Constitution of India, which is the basic law of the country, provides protection to all persons from ill treatment and torture by the police and other state agencies.
Article 21 Guarantees the right to life and personal liberty to all persons.
Article 22 Lays down the rights available at the time of arrest and detention. These rights can be enforced by directly approaching the High Courts and the Supreme Court of India.
Mayawati govt rushes to SC over UP link road
http://timesofindia.indiatimes.com/news/city/delhi/Mayawati-govt-rushes-to-SC-over-UP-link-road/articleshow/5073437.cms
TNN 1 October 2009, 05:57am IST
NEW DELHI: The Mayawati government on Wednesday took her battle against the Sheila Dikshit government over a large chunk of land in East Delhi to the Supreme Court. It challenged an order of the Delhi High Court, which on Tuesday allowed the Delhi government to acquire 21 acres land belonging to the neighbouring state for widening the UP link road connecting the Commonwealth Games village to Mayur Vihar and Noida. Not ready to give up its land that had been bothering the Delhi government for long as it formed a vital chunk in the road widening and flyover construction plan, the UP government moved the SC within 24 hours of the HC verdict. Senior advocate Mukul Rohtagi sought a stay on the HC order saying the Delhi government officials were at the site ready to acquire the land belonging to the UP government. "How can one government acquire land belonging to another government without even giving an opportunity to the latter," he asked while pleading for a status quo. "There could be a problem if such forced acquisition was allowed," Rohtagi told a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan. It did not yield a favourable order. The Bench, while posting the UP government's petition for hearing on Thursday, said: "It's an immovable property which cannot be altered in a day's time." The acquisition of the land would allow the Public Works Department (PWD) to widen the existing six-lane road to an eight-lane one and make it signal free by constructing two flyovers along the four-kilometre stretch.
Man charged of wife's abduction, acquitted
http://timesofindia.indiatimes.com/news/city/ahmedabad/Man-charged-of-wifes-abduction-acquitted/articleshow/5073691.cms
TNN 1 October 2009, 02:15am IST
AHMEDABAD: A woman's efforts to get her husband convicted in a case of alleged abduction landed her in a soup. A sessions court acquitted her husband and his family, while ordering proceedings against her. Bharti Parmar had eloped with Hasmukh Parmar in 2005 and they got married before they were nabbed from Amreli district. On returning to Ahmedabad, she lodged a case against her husband accusing him of abducting her and forcing her into marriage. She demanded punitive action against him. When the case came up for hearing earlier this year, Bharti was inconsistent in her statements and failed to identify people in her marriage photographs. At one point, she even refused to identify herself in a photo before judge PR Patel, who asked the Karanj police station officials to register a case against the woman for misguiding the court. The court observed that her statements were not trustworthy. The court had in April this year ordered police investigation against her for making false statements in a desperate attempt to grill her husband. After completion of trial, judge VM Chaudhary acquitted Hasmukh and concluded that Bharti was making false statements. But the investigation against Bharti is still pending, and her case against lower court's order will come up for hearing in Gujarat High Court soon, said Hasmukh's advocate JJ Koradia.
IOC official sentenced to two yrs jail in 19-yr-old case
http://timesofindia.indiatimes.com/news/city/chandigarh/IOC-official-sentenced-to-two-yrs-jail-in-19-yr-old-case/articleshow/5073940.cms
TNN 1 October 2009, 05:11am IST
CHANDIGARH: Deciding a 19-year-old case on Wednesday, special Central Bureau of Investigation (CBI) court held Indian Oil Corporation’s (IOC) former manager (LPG), RC Sawhney, guilty under various sections of Indian Penal Code and Prevention of Corruption Act while sentencing him to two years in prison. He was also told to pay Rs 14,000 as fine. Shital and Bhushan Kumar, co-accused in the case, were acquitted. Prosecution had claimed that in 1987-88, Sawhney along with the Kumars, who own an LPG agency in Barnala, had conspired to cheat IOC and issued gas connections that consumers had not actually booked. The FIR had stated that 1,000 fake connections had been released. However, a CBI inquiry put that number at 369 after a close look at the case. Public prosecutor PK Dogra said, “During his tenure, Sawhney issued maturity transfer vouchers asking gas agency to release connections without any requests (from consumers).” He added that the accused did so in connivance with Bhushan and some unknown persons. The FIR was registered under sections 420 (cheating), 468, 471 (forgery) and 120-B (criminal conspiracy) of Indian Penal Code and Prevention of Corruption Act on November 28, 1990, against the accused. Charges were framed in 1994. Prosecution presented 90 witnesses in the case. However, Bhushan and Shital were released when witnesses did not support allegations against them.
Rules of senior citizen Act yet to be notified
http://timesofindia.indiatimes.com/news/city/goa/Rules-of-senior-citizen-Act-yet-to-be-notified/articleshow/5074055.cms
TNN 1 October 2009, 06:04am IST
PANAJI: Even as world celebrates the international day for the senior citizen on Thursday, the state government is set to notify the rules of the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007." The central Act was enacted in 2007 and the Goa government adopted the Act through a notification published on September 25, 2008. The rules for the same were yet to be framed. Official sources confirmed that the law department has just vetted the rules and sent to the directorate of social welfare for their publication. The central Act provides for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution. Under the Act, the obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. Any person who is a relative of a senior citizen and having sufficient means shall maintain the senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen. Either a senior citizen or parent may make an application for maintenance or if he is incapable, any other person or organization may make the application on his behalf. Also, a tribunal may take suo moto cognisance. On receipt of the application, the tribunal shall start the process for procuring the presence of children or relative against whom the application is filed. For securing the attendance of children or relative the tribunal shall have the power of a judicial magistrate of first class. Where the children or relative is residing out of India, the summons shall be served by the tribunal through such authority specified by the central government. The state government must constitute the tribunal for each subdivision within a period of six months from the. date of the. commencement of the act. The tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer (SDM). The maximum maintenance allowance which may be ordered by such tribunal shall be such as may be prescribed by the state government which shall not exceed ten thousand rupees per month.
Law college to merge with PG department
http://timesofindia.indiatimes.com/news/city/hubli/Law-college-to-merge-with-PG-department/articleshow/5073476.cms
TNN 30 September 2009, 11:41pm IST
DHARWAD: The academic council of Karnatak University has decided to merge the University Law College with the PG department of law (as it was prior to 1994). This will enable teachers to teach both under-graduate and post-graduate classes. The meeting held at Senate hall on Tuesday with vice-chancellor Professor S K Saidapur in the chair, decided to permit under-graduate (UG) semester students (arts and social sciences) who have discontinued their studies to appear in the correspondence mode (non-semester) and complete their degrees. The meeting also decided to constitute a committee to work out the details for both UG and PG programmes of the University and affiliated colleges as to improve teaching programmess, appointment of guest faculty, orientation to teachers among others especially for professional courses such as BBA and BCA. The meeting approved statutes pertaining to the recognition of research centres. This will enable research centers belonging to public/private/corporate sector-run institutions to undertake research leading to doctoral degrees at Karnatak University. The meeting could not take a decision on introducing a certificate / diploma course (as suggested by the government of Karnataka) in astrology as all the members, except two, opposed the move. The matter was debated for a long time and finally it was resolved to constitute a committee of experts to prepare a document examining the pros and cons, availability of teachers, feasibility and credibility.
Court penalises docs for faulty treatment
http://timesofindia.indiatimes.com/news/city/kanpur/Court-penalises-docs-for-faulty-treatment/articleshow/5073206.cms
TNN 30 September 2009, 11:08pm IST
KANPUR: The district consumer protection forum of Kanpur Dehat on Wednesday asked three doctors of the city to pay jointly or separately a sum of Rs 1.80 lakh to complainant Manish Kumar Sharma within 30 days of the order. The presiding judges also asked them to pay interest at the rate of 6 per cent per annum from the date of filing of complaint. They, however, rejected the complaint against the insurance company. The punished doctors were identified as Anupama Nigam, Poonam Mehrotra and Rekha Garg. According to the casefile, the complainant in his petition claimed that Dr Anupama Nigam was treating his pregnant wife. On May 27, 2005, she advised them to seek an ultra-sound report from Poonam Mehrotra, who operated an ultrasound clinic. After seeing the report, she said the pregnancy was of 13 weeks and a fibroid was attached with the foetus, hence a FNAC examination was necessary and she asked him to contact Dr Rekha Garg. Dr Garg conducted the FNAC test at the clinic of Poonam Mehrotra and twice she needled the womb and made several slides. He further claimed that during the test, his wife's condition became critical and he was asked to contact Dr Nigam, who administered her some medicines and injected. Instead of getting any relief, her condition deteriorated. The doctor advised her once again for an ultrasound at Dr Poonam Mehrotra's clinic. There, doctors informed him that the case had turned bad due to faulty needling of the womb. Dr Anupama advised him to get his wife operated immediately. Manish Sharma, an advocate, got his wife discharged and consulted other doctors who informed him that due to faulty needling the case had become so critical and the only solution was to remove the uterus, fibroid and foetus. He consulted another doctor who also confirmed the diagnosis. Thus, he filed a suit of Rs 4 lakh, including cost of treatment, damages and professional losses. The three doctors refuted the charges and claimed that they had given best available treatment to the complainant's wife. However, the court found the charges true and observed that Dr Nigam had given wrong advice and faulty needling in FNAC test amounted to deficiency in service, hence they were liable to pay damages to the complainant and awarded the petition in favour of Manish Sharma.
SC/ST Act slapped on teacher, his wife for assaulting maid
http://timesofindia.indiatimes.com/news/city/lucknow/SC/ST-Act-slapped-on-teacher-his-wife-for-assaulting-maid/articleshow/5073969.cms
TNN 1 October 2009, 05:05am IST
LUCKNOW: District police on Wednesday increased the charges by slapping the SC/ST Act and UP Child Right Act on a music teacher and his wife arrested for brutally assaulting their 8-year-old domestic help for the past one year. The teacher Rajiv Verma, however, before being booked under the SC/ST Act was released on bail while his wife Rekha Verma was still in jail. While Rekha was arrested on September 26 last, Rajiv was arrested next day. Rajiv Verma is a piano teacher in a private school in Ram Asre Ka Purva on the outskirts of city and lives in Vikas Khand of Gomtinagar. The victim, Shiva Devi, worked at Verma's house and looked after their child. SP trans-Gomti Paresh Pandey said Shiva's mother Dil Basha told the police that Shiva would often complain that Rajiv and his wife brutally assault her accusing her of theft. When the police visited the Verma's home on September 26 and asked about the whereabouts of Shiva, the couple told them that they had sent her to Patna. However, when the cops checked the house they found Shiva held captive in a bathroom with injuries inflicted all over her body. Police freed the girl and admitted her to a hospital. They arrested Rekha and sent her to jail. Next day, Rajiv was also taken into custody but he managed to procure bail on Wednesday. Meanwhile, the police got the medical tests of the victim done in which over half a dozen injuries which included cuts, infected wounds and boils were reported. But, Paresh Pandey added that, boils did not seem to have been caused by burns. Police, however, have slapped the SC/ST Act on the couple and plan to arrest Rajiv on these charges. "Since Rajiv is out on bail in the previous case lodged against him under section 323/344 of the Indian Penal Code (IPC), we are now preparing charges against him under the SC/ST Act," said Vinay Gautam, station officer, Gomtinagar.
No. of attempts no criteria for LLB grades: MU
http://timesofindia.indiatimes.com/news/city/mangalore/No-of-attempts-no-criteria-for-LLB-grades-MU/articleshow/5073507.cms
TNN 30 September 2009, 11:34pm IST
MANGALORE: Mangalore University has given some relief to LLB students who were denied grades as they failed to clear their subjects in semesters in the first attempt. The university academic council meeting held here on Wednesday has approved the proposal pertaining to the amendment to regulations governing the five year LLB course. The Times of India first reported how a clause in the regulations had put LLB students in the lurch. Following this there were agitations by the students. The rule stated that LLB students, who do not clear papers in semesters in the first attempt, were not eligible for grades. It means that even if a student scores above 60%, he/she will not be eligible for first class and will have to be satisfied with a pass class. Interestingly, the varsity authorities first issued the marks cards with grades and later asked the students to surrender the marks cards issued with grades. Presenting the amendment before the council meeting, Mangalore University V-C K M Kaveriappa said the clause was inadvertently added to the regulations and it was not correct to deny class to students who could not clear all papers in the first attempt. The amended regulation said while declaring the class, the aggregate marks secured in 1st-6th semesters for BA Law and the aggregate marks in 7th-10th semesters for LLB should be considered irrespective of the number of attempts. However, Kaveriappa said the amended regulation would not apply for declaration of ranks. About the delay in announcement of second semester results of five year LLB course, registrar (evaluation) Shivalingaiah said the results would be announced within a couple of days and the students taking supplementary examinations would be given additional time to apply. The council has also approved the proposal to consider the 12 year high school diploma Clonlara School, Michigan, USA, equivalent to two year PUC for admission in arts and commerce programmes. However, it would not be considered as equivalent to PUC for admission in science programmes as the university science faculty dean has sought certain clarifications, he said. The meeting has approved the proposal considering the JOC in mechanical servicing (automobile) to PUC for admission to BBM course. The proposal to establish endowment fund for Kumari U Krishni Bai Gold Medal for the highest scoring woman student in post-graduate course in human consciousness and yoga science was approved by the council.
Pleas early, but HC wants status of Adani mines
http://timesofindia.indiatimes.com/news/city/nagpur/Pleas-early-but-HC-wants-status-of-Adani-mines/articleshow/5074194.cms
Vaibhav Ganjapure, TNN 1 October 2009, 02:30am IST
NAGPUR: The Bombay high court's Nagpur bench on Wednesday directed the Centre to file a progress report on the status of the proposed Adani coal mine near Tadoba-Andhari Tiger Reserve (TATR). A division bench comprising justices AP Lavande and Pramod Kode, while terming the bunch of petitions against the proposed mines as `premature', asked assistant solicitor general of India SK Mishra to reply within two weeks on the status of Adani proposal in various ministries. The court was of the opinion that since the Union government had not yet given its green signal to the project, the pleas against it are untimely. Three different pleas had been filed by Bandu Dhotre of Eco-Pro organisation, Yogeshwar Dudhpachare and Ramdas Wagdarkar, expressing deep concern over the possibility of permission being granted to Adani to mine coal for its 1,000 MW power plant at Tiroda in Gondia. They claimed this will destroy ecology and the rich wildlife habitat around TATR. Senior counsel KH Deshpande and Anil Kilor held brief for the petitioners. The petitioners had opposed the allotment of coal blocks and proposed mining activity by Adani as 1,750 hectare area will be destroyed. Of the total mine lease area, 92% is forest area, they said, adding that the mines will also damage the sacred Zarpat river, where hundreds of devotees of Mahakali take a holy dip during festivities. The petitions have claimed that the proposed mining area has 18 animal species, nine of which are endangered, like leopards and tigers. The Lohara lake, where the heart of mining activity is proposed, attracts many migratory birds from Siberia, Nepal, Tibet, Russia and other European countries. It's a suitable breeding place for birds and reproduction, they said. TATR along with Lohara lake constitute a twin place consisting of a national park and a bird sanctuary. The petitioners pointed out that there are numerous natural waterholes in the core forest of the national park, which has underground water source through the lake. Due to such water bodies in the vicinity, animals in TATR get sufficient water throughout the year. Apart from Adani, 22 other companies are awaiting permission to extract coal near TATR. Unbridled mining will cut corridors from all sides and the tigers will have no future, all petitioners claim.
Child rights watchdog serves notice to channe
http://timesofindia.indiatimes.com/news/city/pune/Child-rights-watchdog-serves-notice-to-channe/articleshow/5073887.cms
Kalyani Sardesai, TNN 1 October 2009, 01:25am IST
PUNE: The New-Delhi-based National Commission for Protection of Child Rights (NCPCR) has sent a legal notice to NDTV Imagine, directing the channel to immediately stop airing its newly-launched show Pati, Patni aur Woh' and send a report of compliance within seven days, or face action. Simultaneously, the NCPCR has also written to minister for information and broadcasting Ambika Soni seeking her intervention in the matter. The NCPCR sent the notice after city-based child rights activist Anuradha Sahasrabudhe sent a complaint pointing out that the reality show, which has five celebrity couples handling babies completely unrelated to them, was a violation of child rights. Sahasrabudhe is also the founder-director of Pune Childline, a member of the Juvenile Justice Board, Pune, and a member of the Monitoring Committee for TV Channels, Pune. In a letter to NCPCR chairperson Shanta Sinha on September 9, Sahasrabudhe said: "NDTV Imagine is currently advertising a reality show that has celebrity couples competing to take care of babies unrelated to them. The show is called Pati, Patni or Woh'. The promo shows that the children are completely uncomfortable with these couples and are howling in protest." The letter adds: "Exhibiting babies thus, and using them to promote shows or as objects', in our opinion amounts to exploitation. It also violates section 23/26 of the Juvenile Justice Act. The show amounts to exposure and use of children for monetary gains as well as exploitation. This, therefore, is to request you to take action against the producers of the show, the TV channel and the parents of children who have permitted use of their wards for the programme. A strong action is requested so that no one is tempted in future to launch similar shows." Speaking to TOI on behalf of Sandhya Bajaj, a member of NCPCR, to whom the matter was referred, an official said they had received the complaint. "We first wrote to the director of ministry of information and broadcasting, asking for immediately stopping the show. A letter was also sent to the Maharashtra State Commission for Child Rights, Mumbai. Despite this, the first few episodes of the show were aired," the official said. "We have now sent a legal notice to the executive director, NDTV Imagine, asking them to immediately stop airing the show," the official added. Responding to the matter over an email, the channel's spokesperson said: " Pati Patni aur Woh' is an adaptation of BBC's popular format Baby Borrowers' and has aired successfully in many countries. The BBC has full experience in ensuring the safety of the children. All through the show, parents of the children have been supervising the proceedings on TV cameras in adjacent rooms and are free to intervene if they perceive the slightest risk to their child. The BBC also has qualified nurses and doctors on call 24X7 for any emergency." The spokesperson added that "Imagine is a responsible broadcaster and BBC is the global gold standard in quality programming and production, and needless to say, ensuring the children's safety." "We have received a notice from the NCPCR expressing their concern over children being used in the show, and we will be dealing with the issues raised," the spokesperson said.
Nine cops jailed for 11-yr-old misdeed
http://timesofindia.indiatimes.com/news/city/varanasi/Nine-cops-jailed-for-11-yr-old-misdeed/articleshow/5072849.cms
TNN 30 September 2009, 10:04pm IST VARANASI: After a decade, nine policemen, who are accused of killing innocent persons in fake encounter, were sent to jail in Bhadohi district on Tuesday. "Parivar ko bhukhey pet rakh ke case lada hai sahab. Nyayalaya pe pura bharosa hai hamein nyaya milega (We fought the case on empty stomachs. We have belief in judiciary)," says Pannalal Yadav, a native of Barwa village who heaved a sigh of relief for the first time in 10 years, when he got the news that the nine accused policemen out of 33 were sent to jail. His son Om Prakash Yadav alias Munna was killed in a fake police encounter. Pannalal's son and three other innocent youth- Shamim alias Natey, Kiran Dalit and Ajay Singh- were gunned down by the policemen in Sarroi area in Bhadohi district on October 17, 1998. After killing them, the Bhadohi police claimed that they had eliminated Dhananjay Singh, now a Bahujan Samaj Party MP from Jaunpur who was among the rewarded criminals of this region in 1998, with his gang members. Senior local Samajwadi Party leader Akhilesh Singh said: "We have not forgotten how the police had avoided handing over the bodies of the killed youth and cremated them secretly when we proved that instead of a wanted criminal, they had killed innocent youth. Increasing resentment among people compelled the then government to engage the CB-CID in the matter. And the agency found that the encounter was totally fake as no criminal record of any of the killed youth was found. The CB-CID lodged an FIR against 33 policemen, including the then CO Akhilanand Mishra. Immediately after this development, Mishra and his three subordinates took shelter of the high court and succeeded in getting a stay orders to avoid arrest. One of the accused died in the meantime, while one constable surrendered before the court. The CB-CID filed the charge sheet against the 33 accused policemen in the court in May 2007. The accused were booked under section 147, 148, 302, 201, 120(B), 218 and 34/409. Later, the court continued issuing warrants against other 27 policemen. However, none of them responded while the police also avoided arresting the accused. Finally, the court issued non-bailable warrant and ordered to initiate action under section 82 of the CrPC. To execute this order, notices were forwarded to the principal secretary home to ensure their execution. The same move resulted in the surrender of nine policemen including SI Ramayan Singh Yadav, constables Vijay Bahadur Singh, Ramjanam Bharti, Ravindra Kumar Tiwari, Kailashnath Singh, Ram Awatar Singh, Ram Jyoti Singh, Satyanarain and Samshuddin, before the court of chief judicial magistrate (Bhadohi) Intekhab Alam on Tuesday. The arrested were sent to jail. This development generated a ray of hope for parents of fake police encounter victims. Pannalal said: "My struggle has not ended as many other killers of my son have not been arrested so far." But, he is hopeful of justice and says his faith on judiciary has started yielding results. This elderly man and his family have kept the son and daughter of Om Prakash in dark by telling them that their father is serving some company in Mumbai. "Lekin ab bachchey sayane ho gaye hai. Puchhate hai baki sab ke papa aatey hai hamare kyo nahi (But now the kids have grown up and ask why their father dies not visits them)," said Pannalal with concern. The financial condition of the family has worsened due to court expanses.
Follow The Law
http://timesofindia.indiatimes.com/opinion/edit-page/Follow-The-Law/articleshow/5072942.cms
1 October 2009, 12:00am IST
How many times have we come across a place of religious worship smack in the middle of a thoroughfare or encroaching on the road in such a way as to hinder traffic? The Supreme Court has now banned unauthorised construction of places of worship in public places. In a landmark judgement a two-judge bench has said that no illegal construction of a temple, church, gurdwara, mosque or any other religious institution shall be permitted in public spaces. The court's directive won't be easy to enforce given the reluctance of authorities to step in where the possibility of hurting religious sentiments is concerned. But in a rare show of consensus, all states agreed at a meeting held by the Union home secretary about the need to ban unauthorised religious structures. There is some ambiguity about existing illegal constructions. The court has rightly asked state governments to review each case separately and then take action. That such action is feasible was illustrated when chief minister Narendra Modi, who often behaves as Hindutva's poster boy, backed municipal corporations across Gujarat as they demolished places of worship causing obstruction on roads and other places, despite widespread protests. The Supreme Court ruling highlights one of the essential features of a secular state where freedom of religion is guaranteed so long as it does not clash with the laws of the country. Thus, there is a caveat of "public order, morality and health" to freedom of religion articles in the Indian Constitution. That is precisely why construction of a place of worship cannot be permitted if it is not authorised or causes inconvenience to the public. A similar logic can be applied to other forms of religious expression or festivities that cause public inconvenience. The use of loudspeakers during religious festivals or prayers is one such example. There is no reason why a religious ceremony should be allowed to disturb the peace of people who are not involved with it in any way. Religious festivals and ceremonies are an integral part of Indian culture. Indeed, our secularism tolerates and encourages all forms of religious faith in the public sphere. But such displays must be mindful of the laws of the land. Diwali is a few days away. We have all become habituated to the noise and air pollution caused by Diwali fireworks despite inconvenience to the sick, elderly and young. But there is no reason why festivities, and construction of places of religious worship, should brazenly flout laws.
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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