LEGAL NEWS 19.11.2009

PIL filed seeking stay on film release
http://timesofindia.indiatimes.com/city/mumbai/PIL-filed-seeking-stay-on-film-release/articleshow/5245169.cms
TNN 19 November 2009, 05:34am IST
Mumbai: A PIL has been filed in the Bombay high court seeking a stay on the release of the Bollywood film Kurbaan starring Saif Ali Khan and Kareena Kapoor slated for release on Friday. According to the PIL, two songs in the movie produced by Karan Johar Shukran Allah and Ali Maula hurt the sentiments of the Muslim community. The petitioner has urged the court to order the filmmakers to delete the songs before screening the movie in theatres. The PIL is to be heard on Thursday







City's lungs choke under garbage
http://timesofindia.indiatimes.com/city/kolkata-/Citys-lungs-choke-under-garbage/articleshow/5245293.cms
Prithvijit Mitra, TNN 19 November 2009, 07:05am IST
KOLKATA: Bare, brown patches interspersed with overgrown shrubs and clumps of grass, parthenium bushes and ancient trees that's what the eastern part of the Maidan has always looked like. That is, if you ignore the litter and the garbage that now covers much of the greenery on the fringes of Kolkata's lungs. From ice-cream cups and paper packets to plastics, straws rejected garments and leftover snacks, you name it, it's here. The Maidan seems to be the city's favourite dumping ground south of the Dhapa. While the PWD, which is in charge of maintenance, claims that it cleans the Maidan regularly, environment officials point out that the administration ought to keep a vigil and fine offenders, but this has never been done. As a result, encroachers have a free run on the city's lungs. They even light fires to cook on the Maidan, which is prohibited by law. Sipping tea under a banyan shade, while gazing at a cricket match in the distance would be a pleasurable experience. But no longer. The stench from the litter and the tank on the eastern boundary is overpowering. Hundreds wash their clothes, utensils and even vegetables at the tank, and ponies defecate all around. The trees and shrubs around the water body serve as makeshift hangers to dry clothes. At least a dozen ragpickers cook their meals, hiding their mud ovens behind bushes and trees. They quickly gobble down their meals and slink away, leaving behind mounds of ash and littered food. "This is a cause for concern and honestly I had no idea that it was happening. Lighting open fires is banned within a 3 km-radius of Victoria Memorial. So, if ovens are being lit on the Maidan, it makes no sense asking hawkers and restaurants to switch to gas ovens," said green activist Subhas Datta, whose PIL had led to the ban. Twenty-three year-old Mantu Samanta, a vegetable vendor from Kankurgachhi, is a regular visitor to the Maidan. Every afternoon he arrives with a cart full of cauliflower and washes them at the pond. While the vegetables float around in the water along with an assortment of sundry other garbage, Samanta kills his time by having some light snacks, usually jhaal-muri. After he has hurled the paper packet into the grass, he warms a bowl of rice that he carries inside a bag. "It's easy to hide an oven here. I built one with the help of friends and it has been there," said Samanta. This part of the Maidan has more than two dozen vendors ferrying everything from batata-puri and bhel-puri to tea, coffee and packaged drinks. Hundreds of paper packets are strewn all over the grass. The environment department has called for stricter measures. "The PWD should make sure that all the plastic waste and poly bags are removed immediately. All ovens should be dismantled. We need a constant vigil on the Maidan. Bins should be placed to collect garbage. If this doesn't work, then a mechanism to penalize offenders should be put in place," said Biswajit Mukherjee, senior law officer, environment department. The PWD, on the other hand, insists the Maidan is cleaned on a regular basis but admits there is scope to strengthen the vigil. "It is difficult to keep a watch but we do clean the greenery. If fires are indeed being lit, we will take measures," said a senior PWD official.








TISS gangrape case: High Court denies bail to accused
http://www.indianexpress.com/news/tiss-gangrape-case-high-court-denies-bail-to-accused/543393/0
Express News Service
Posted: Thursday , Nov 19, 2009 at 2317 hrs Mumbai:
The Bombay High Court on Wednesday rejected the bail plea of Dev Colabawala, one of the accused in the TISS gangrape. Another accused Anish Borkataki withdrew his bail application after the court observed that the allegations against them are grave and serious.
While denying the bail, Justice V M Kanade pointed out various facts like the victim was taken to the Andheri flat even though she did not want to go and also that the two accused were present in the house till morning. It also observed that the accused acted in unison since even those who assisted in the crime are liable.
The court, however, directed that the trial should be expedited as one of the accused filed for a discharge application in the fast track court today.
Advocate Majeed Memon, appearing for Anish, sought for a speedy trial since the accused has to appear for his examinations and he was sure that he would get a clean chit.
Additional Public Prosecutor Yogesh Nakhwa opposed the application on the ground that the accused was not a resident of Mumbai and might abscond if enlarged on bail. During arguments it was pointed out that both the accused were not in the same rickshaw as the victim and therefore did not share “common intention”.
The prosecutor also argued that the victim was not in proper state of mind and the chemical analysis report showed presence of cannabis in the urine. It was also stated that the allegations of rape is not totally unfounded.
Both the accused were also seeking bail on the grounds of parity as another accused, Kundan Borghohain, to whom the flat belonged, was released on bail earlier.
Memon had on Tuesday argued that except for the other three accused nobody else had steeped into the room where the alleged rape happened.
Colabawala’s application cited that the FIR and supplementary statements of complainant do not indicate any definite allegation of the rape.








Surrogate child citizenship: HC issues notice to passport office
http://www.indianexpress.com/news/Surrogate-child-citizenship--HC-issues-notice-to-passport-office/543564/
Express News Service
Posted: Thursday , Nov 19, 2009 at 0336 hrs Ahmedabad:
The Gujarat High Court has issued a notice to the Regional Passport Officer (RPO) in connection with the contempt petition filed for non-compliance of HC order to return passports to the two boys born to a German citizen through surrogacy.
Jan Balaz had filed the petition after the RPO failed to return the passport of his twin boys despite the HC order.
The next hearing on the petition is scheduled on November 25.
Balaz recently won a legal case against the Regional Passport Authority in getting the Indian passports of his children returned.
The division bench of the HC comprising justices K S Radhakrishnan and A S Dave, in a landmark judgment on November 11, had conferred Indian citizenship on the two boys, as their surrogate mother is an Indian.
The court had ordered the passport authorities to return the Indian passports of the two children.
However, when Balaz failed to get the passports of his sons back from the authorities till November 16, he filed a contempt petition against them through his lawyer Dhaval Dave.
The petition is being heard by the division bench of justices A L Dave and S D Dave.
Balaz’s lawyer, Dhaval Dave said, “The court has issued notice to the Regional Passport Office and further hearing has been kept on November 25.”







HC seeks report on illegal plying of buses at Sindhi Camp
http://timesofindia.indiatimes.com/city/jaipur/HC-seeks-report-on-illegal-plying-of-buses-at-Sindhi-Camp/articleshow/5245650.cms
Abhinav Sharma, TNN 19 November 2009, 06:10am IST
JAIPUR: Rajasthan High Court on Wednesday directed the advocate general to place before the court the entire details of the plan adopted by the state government for checking the illegal bus haltings in the vicinity of the RSRTC bus stand at Sindhi Camp and the pollution cause by them. A division bench comprising Justice Jagdish Bhalla and Justice M. N Bhandari passed the order on a PIL filed by Nagrik Kalyan Society requiring the transport department to produce the details. "Many buses having contract carriage permits are operating as if they are stage carriages like the buses of RSRTC. They have illegally created halting spaces within one kilometre radius of Sindhi Camp bus station, which has become a big traffic hazard," states the PIL. Most of these bus owners are public servants like MLAs, MPs or bureaucrats, and therefore the authorities are reluctant to take action against them despite not having the requisite permit from the transport department, said M C Taylor, counsel for the petitioner. "The pollution level is increasing day by day due to plying of these buses as their engines are never turned off once they reach the halting space. Due to the continuous emission of pollutants from the engines of these buses, the pollution level in the vicinity of Sindhi Camp, Walled City and SMS Hospital near Narain Singh Circle has increased beyond the 50% level. This was also corroborated by the pollution detector machines installed in these places. Therefore, these illegal plyings need to be checked immediately," Taylor said. The Bench will hear the matter on Friday again.






Junior doctors' strike: HC seeks agreement copy
http://timesofindia.indiatimes.com/city/hyderabad/Junior-doctors-strike-HC-seeks-agreement-copy/articleshow/5245628.cms
TNN 19 November 2009, 05:48am IST
HYDERABAD: The AP High Court on Wednesday said it wants to see the signed agreement between the state government and the Junior Doctors' Association that led to calling off of the strike. The division bench comprising Chief Justice Anil Ramesh Dave and Justice C V Nagarjuna Reddy while dealing with a petition filed against the strike by junior doctors, asked the advocate general to produce the signed agreement copy before it by December 3. Advocate general D V Sitarama Murthy told the court that the government and the junior doctors have arrived at an agreement on stipend and other issues leading to withdrawal of the strike. Bojja Tarakam, the senior counsel, who appeared for the junior doctors, told the court "it is a decade-old problem, whenever the junior doctors voiced their grievances the government came forward with temporary steps. It is not concentrating on a permanent solution." He said the government had appointed a two-member committee long ago to settle the issue and the recommendations it made were not implemented till date. At this juncture, the judges sought to know whether this time the government entered into a long-term agreement or made an ad hoc arrangement. Observing that the ad hoc arrangement is not permissible, the court wanted to see the provisions of the agreement.





HC blow to Modi in flag insult case
http://timesofindia.indiatimes.com/city/jaipur/HC-blow-to-Modi-in-flag-insult-case/articleshow/5245654.cms
Abhinav Sharma, TNN 19 November 2009, 06:14am IST
JAIPUR: Rajasthan High Court on Wednesday rejected an application filed by IPL chief Lalit Modi requesting waiver of a defect in a criminal miscellaneous petition filed by him challenging the order of a city court which directed the police to reinvestigate the case against Modi for allegedly insulting the national flag during one of the matches of IPL-1. The high court registry had pointed out a defect in filing the criminal miscellaneous petition under Section 482 of Criminal Procedure Code against the order of the trial court. The court was of the view that the original order or a certified copy of the same is required to be placed on record before the same is sought to be quashed as per the rules. However, it was contended on behalf of Modi that the original order is with the police which has reopened the case. As such, no copy can be obtained and whatever transcript was available has been reproduced with the petition. The issue relates to the India-Pakistan match of IPL season one held at SMS Stadium in Jaipur on November 18, 2007 when the guests of Lalit Modi were allegedly served wine in the VIP lounge of the stadium. The national flag was allegedly used as a table cover where wine was served to the guests. The issue took a violent turn when the local unit of an organisation, Nagrik Morcha, staged a protest against Modi. Kamlesh Sharma, president of the Jaipur unit of the Morcha, filed a complaint at a city court alleging that Lalit Modi along with Subash Joshi, Vimal Soni and VIP guests kept alcoholic drinks on the national flag which was a sheer disregard to the national honour. The court then sent the complaint for investigation to the Jyotinagar police station and an FIR was lodged on November 28, 2007. Later, the police filed a final report stating that no case was made out. However, additional chief judicial magistrate No 4 of Jaipur city, Jagmohan Aggarwal on September 11 this year ordered that the case shall be reopened following an application by Kamlesh Sharma alleging that the local police filed the final report without any investigation and on the basis of a reply letter written by Modi to the police. Modi had approached the high court against this order.







HC moots 12-point to plan to improve law education
http://timesofindia.indiatimes.com/city/chennai/HC-moots-12-point-to-plan-to-improve-law-education/articleshow/5244980.cms
TNN 19 November 2009, 04:13am IST
CHENNAI: With a view to achieve qualitative improvement in legal education in Tamil Nadu, the Madras High Court has suggested 12 measures to be taken note of by the Bar Council of India (BCI). Justice N Kirubakaran, upholding the BCI rules fixing upper age limit for admission to law colleges, said: "Time has come to revamp and upgrade the entire legal education. Fixing age limit is the first step in the right direction." Among the steps recommended by Justice Kirubakaran is increasing the class hours from the existing four hours to five or six hours a day. Classes shall be held in the morning as well as afternoon so that students would remain glued to their studies. Calling for strict attendance norms, the judge said law classes should not resemble part-time courses conducted in shifts. A qualifying criterion such as a minimum of 60 per cent marks in Plus-Two for the five-year law course or any degree for the three-year stream should be fixed "so that comparatively more competent, bright and intelligent students would join the course." This would enhance the image of the course, reasoned the judge. If necessary, antecedents of the students may be verified before their admission, Justice Kirubakaran said, adding that appointment of competent full-time professors/lecturers too is vital. Stressing the need for law colleges to have adequate infrastructural facilities such as the library, the judge said no new colleges should be opened if the amenities were not available. He favoured the scrapping of the three-year course in a phased manner and said the five-year integrated course must replace the three-year stream. Justice Kirubakaran said legal education should be equipped to face new trends and challenges, and wanted judges of the Supreme Court and high courts to be involved in the process of preparing syllabus or other activities like lectures, seminars and workshops. Besides ethical and moral values, law students should be exposed to mass contact programmes such as court visit, social services and legal workshop. Police officials could be invited to lecture on probe and prosecution, he said, adding that such interaction would bring down the incidence of police-lawyer clashes in future. Justice Kirubakaran made these recommendations while dismissing a writ petition filed by one M Santhosh Antony Vareed, who wanted the court to relax the upper age limit for admission to law colleges.





HC order to MCD: Demolish stadium in Ajmal Khan park
http://timesofindia.indiatimes.com/city/delhi/HC-order-to-MCD-Demolish-stadium-in-Ajmal-Khan-park/articleshow/5245042.cms
TNN 19 November 2009, 05:14am IST
NEW DELHI: Terming the construction of an indoor stadium in Ajmal Khan Park at Karol Bagh by the MCD as illegal, the Delhi High Court on Wednesday ordered its demolition and made it clear that there can't be any illegal construction on public parks in the capital. "All construction should be removed and the park should be restored to its former state,'' the HC said while asking the MCD to file a compliance report. A division bench comprising Chief Justice A P Shah and Justice S Muralidhar allowed a petition, filed by voluntary organization Paryavaran Evam Jan Utthan, challenging the construction of a sports facility inside the park on the ground that it was not environment-friendly. In its petition, the NGO had also alleged that a 100-tonne AC plant would be installed at the stadium, which is very hazardous for the environment. Earlier HC had stayed the construction and demanded from the MCD the sanction plan and related documents concerning construction of an indoor basketball stadium inside the park. HC had then slammed the agency for its approach and noted, "We cannot allow any activity in the park until and unless a proper sanction plan is submitted to us.'' Rejecting MCD's contention that Delhi lieutenant governor (LG) approved the plan for construction, the court insisted that it be showed the records showing how the plan was sanctioned, "LG is not an architect nor an engineer. We want the approved plan from the town planning department by tomorrow (Thursday). You are answerable to the public at large. How can you use an ornamental park (Ajmal Khan Park) for constructing a stadium when the Delhi Development Authority (DDA) has clearly stated that no construction is permissible?'' MCD had contended that no other sports facility is available to the children of the locality and justified building sports facilities in the park. It also claimed that the basketball federation organizes camps regularly in the park for the past 40 years. The proposed stadium, being constructed by the MCD at a cost of Rs 60 million, was supposed to be a world-class facility with 3,000-seating capacity, 10 rooms for players and an ultra-modern gym. The court had on October 28 reserved its order and had stated that "We cannot allow any activity in the park until and unless a proper sanction plan is submitted to us". The court acted on a public interest petition filed by voluntary organisation Paryavaran Evam Jan Utthan, which challenged the construction on the ground that it was not environment-friendly. The NGO alleged that a 100-tonne AC plant would be installed at the stadium, which is very hazardous for the environment. The proposed stadium, being constructed by the MCD at a cost of Rs.60 million, would be a world-class facility with 3,000-seating capacity. It would have 10 rooms for players and an ultra-modern gym.







Health min official incurs HC wrath for failure to act
http://timesofindia.indiatimes.com/city/mumbai/Health-min-official-incurs-HC-wrath-for-failure-to-act/articleshow/5245168.cms
Shibu Thomas, TNN 19 November 2009, 05:32am IST
MUMBAI: The Bombay high court on Wednesday issued a show cause notice to the principal secretary in the union health ministry for failing to comply with an assurance to take action in a case concerning the recognition to the College of Physicians and Surgeons (CPS) in Parel. CPS was established in 1913 on the lines of Royal College of Physicians and Surgeons in London and today has around 2,012 postgraduate students pursuing various courses. CPS awards degrees termed as Fellowship of the College of Physicians and Surgeons (FCPS) as well as diplomas. According to a petition filed by two medical practitioners nine of its courses were given deemed recognition while eleven other courses are not recognised by the Medical Council of India. The MCI had also been urging the government to withdraw the recognition to CPS, the petition alleged. CPS has denied the allegations. Earlier during a hearing in September, the Union government had told the court that it had taken a decision to derecognise the institute. Despite an undertaking, no notification had been issued to that effect, which invited the court's ire on Wednesday.






Warrant issued against inspector

http://www.expressbuzz.com/edition/story.aspx?Title=Warrant+issued+against+inspector&artid=U9AWKY%7ChHEU=&SectionID=lifojHIWDUU=&MainSectionID=wIcBMLGbUJI=&SectionName=rSY%7C6QYp3kQ=&SEO=
Express News Service
First Published : 18 Nov 2009 02:54:00 AM IST
Last Updated : 18 Nov 2009 06:52:08 AM IST

CHENNAI: The Madras High Court has ordered issuance of a non-bailable warrant (NBW) against the inspector attached to the Maraimalai Nagar police station in connection with a petition alleging that he had not discharged his duties properly.
Justice CT Selvam ordered the NBW, returnable by December 1, while entertaining a criminal original petition from R Dulasidoss of Kantharakottai village in Cuddalore district, on Tuesday. The petition prayed for a direction to transfer a case pending before the Maraimalai Nagar police to the CB CID.
According to advocate VS Suresh, petitioner’s only son D Laxman (19) was working with PSK Engineering and Construction company as an electrician. While working at the construction site in Kudalore village, Laxman accidentally fell down from the second floor of the building on November 22, 2008 and died at a hospital on November 23.
However, the company gave a different version to the Maraimalai Nagar police to the effect that Laxman died of a road accident. Accordingly, the police registered the FIR under section 174 Cr.PC. Petitioner was also coerced to act as per the wishes of the construction company.
The company had not sent a report to the Commissioner for Workmen’s Compensation, Chennai, under the Workmen’s Compensation Act. Petitioner sent a representation dated February 18, 2009 to the local Additional Superintendent of Police, where the matter was pending for over five months. Alleging that the Maraimalai Nagar police inspector, influenced by the company, registered the FIR only under Sec. 174 of the Cr.PC with an intention to suppress the real cause for the death and thereby help the company, Suresh moved the High Court with the present petition to transfer further investigation in the case to the CB CID.
Dinakaran case: Orders on impleading pleas reserved
The High Court on Tuesday reserved orders on the petitions seeking to implead in the writ petitions from the vilagers of Kaverirajapuram in Tiruttani taluk, Tiruvallur district, praying for a direction to the authorities concerned to issue patta to them in respect of the land traditionally owned by them but reclassified as Anadheenam lands. It had been alleged that a vast tract of government poromboke and Anadheenam lands had been encroached upon by Karnataka Chief Justice PD Dinakaran. In their petitions, the People Watch and the Human Rights Advocacy and Research Foundation and others sought to implead in the writ petitions after the orders were said to be passed on the writ petitions.







What about tax, and father's custody rights?
http://timesofindia.indiatimes.com/city/bangalore/What-about-tax-and-fathers-custody-rights/articleshow/5244920.cms
TNN 19 November 2009, 03:24am IST
BANGALORE: The All India Men's Welfare Association, which is making its mark in Bangalore on Thursday, has raised some points to ponder: while a few seek sympathy from society, others are more serious and beg debate. The association, questioning the regulations of the National Commission for Women, alleged that it is essentially against men. They want the Centre to form a National Commission for Men and abolish the NCW. They also demand a ministry for men's welfare, which will implement the commission's recommendations on behalf of the government. Demands include rationalisation of taxes and permission for single adult men to adopt children before the age of 30. Prostrate cancer, which affects men, is a serious issue never attended to by the health ministry. "While there is so much being done for breast cancer in women, prostrate cancer has never been addressed," added Vivek. International Men's Day has been chosen for the launch of the association at Bangalore, with centres at Delhi and Mumbai opening shorty. Centres have helplines to address problems of men in their respective states. They will urge the Centre to consider their demands.





Komal Singh to sue NCW?
http://www.timesnow.tv/Komal-Singh-to-sue-NCW/articleshow/4332391.cms
18 Nov 2009, 2032 hrs IST, AGENCIES
Airhostess Komal Singh is likely to challenge in the court the clean chit given by National Commission for Women to two Air India pilots for allegedly molesting her in a mid-air scuffle on an international flight. "Komal Singh has formally requested the NCW for the report. Once she receives it, then we, along with the members of All India Cabin Crew Association, will decide whether to approach the court or move departmentally," Komal's lawyer Sanjoy Ghose said. Yesterday, the NCW panel probing the case, had given clean chit to Captain Ranbir Arora and co-pilot Aditya Chopra saying the airhostess was not "molested but pushed" out of the cabin. Meanwhile, Komal's family expressed disappointment over the report, saying they had approached the commission to get justice. They also expressed their unhappiness over the way the Commission handled the case. "Whatever report we have got from the media is very disappointing. We have approached the commission thinking that we would get justice. But it is sad that the body which has been constituted for helping women is just replicating the airline management's probe report. If this is the outcome, then whom should we approach," Komal's sister Poonam Singh said. Komal's family also alleged that nobody from the commission, including the members of the probe panel, were ready to speak to them over telephone. The family also alleged that Komal's version was not taken into account while preparing the report and "she was pressurised to compromise by some members of the probe panel". Singh had first sent her complaint to NCW through an email on October 5 and then went to the Commission to file a written complaint. She had alleged that she was molested by Captain Arora and his co-pilot Chopra of Flight IC-884 on a Sharjah-New Delhi flight on October 3. There was a scuffle involving Komal, her friend Amit Khanna and the pilots, which raised concerns over the conduct of the crew and flight safety. There were 106 persons on board that flight. Earlier, a five-member enquiry committee of Air India set on October 6 which went into her complaint about the incident, had concluded that Komal Singh's complaint regarding sexual harassment "is an after-thought". The airline had then suspended Khanna and Chopra, pending enquiry. Komal and the Commander of the flight, Capt Arora, were taken off duty to assist in the probe. The enquiry committee chargesheeted Komal for allegedly not complying with the company policy and speaking to the media, insubordination and disobeying seniors. The incident was seen as an act of indiscipline on the part of the airhostess and flight purser, who had barged into the cockpit.